II 

Calendar No. 565 

112TH CONGRESS 

2D SESSION S. 1546 

[Report No. 112–249] 

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 

DECEMBER 13, 2012 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Department of Homeland Security Authorization Act of 

4 2011’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—MANAGEMENT AND EFFICIENCY 

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. 

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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. 

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. 

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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. 

7 TITLE I—MANAGEMENT AND 

8 EFFICIENCY 

9 SEC. 101. DEPARTMENT OF HOMELAND SECURITY INVEST10 MENT REVIEW. 

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

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

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

14 ‘‘SEC. 836. DEPARTMENT INVESTMENT REVIEW. 

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

16 shall establish a process for the review of proposed invest17 ments by the Department. 

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

19 established under subsection (a) to provide a consistent 

20 method to evaluate the progress and status of acquisitions 

21 at critical points in the acquisition life cycle, inform invest22 ment decisions, strengthen acquisition oversight, and im23 prove resource management throughout the Department. 

24 ‘‘(c) ACQUISITION REVIEW BOARD.— 

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1 ‘‘(1) ESTABLISHMENT.—The Secretary shall es2 tablish a Department-wide Acquisition Review Board 

3 for the purpose of carrying out the investment re4 view process established under subsection (a). 

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

6 ‘‘(A) designate the Director of Cost Anal7 ysis as a member of the Acquisition Review 

8 Board; and 

9 ‘‘(B) designate other appropriate officials 

10 of the Department to serve on the Acquisition 

11 Review Board. 

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

13 The Secretary may establish, as needed, subordinate 

14 boards and councils reporting to the Acquisition Re15 view Board to review certain categories of invest16 ments on a Department-wide basis. 

17 ‘‘(d) RISK-BASED CRITERIA FOR REVIEW.—The Sec18 retary shall establish risk-based criteria for the review of 

19 investments by the Acquisition Review Board and any sub20 ordinate boards and councils, which should include thresh21 old dollar amounts. 

22 ‘‘(e) REPORTING REQUIREMENTS.— 

23 ‘‘(1) ACQUISITION DECISION MEMORANDA.— 

24 Not later than three business days after signature of 

25 any acquisition decision memorandum of the Acquimstockstill on DSK4VPTVN1PROD with 

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1 sition Review Board, the Under Secretary for Man2 agement shall provide a copy of the memorandum, 

3 together with a copy of the Letter of Assessment 

4 signed by the Director of Testing and Evaluation, to 

5 the Committee on Homeland Security and Govern6 mental Affairs of the Senate and the Committee on 

7 Homeland Security of the House or Representatives. 

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

9 Under Secretary for Management shall provide a 

10 quarterly report to the Committee on Homeland Se11 curity and Governmental Affairs of the Senate and 

12 the Committee on Homeland Security of the House 

13 of Representatives detailing the status of each acqui14 sition subject to the review process established by 

15 this section. The report shall include the following 

16 elements: 

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

18 ‘‘(B) The status of review of the acquisi19 tion by the Acquisition Review Board or other 

20 board designated to review the acquisition. 

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

22 acquisition, and the basis for the estimate. 

23 ‘‘(D) The Acquisition Program Baseline 

24 approved by the Acquisition Review Board. 

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1 ‘‘(E) Information on whether the Acquisi2 tion Review Board has reviewed and approved 

3 other key planning documents, including, as ap4 plicable— 

5 ‘‘(i) a Concept of Operations; 

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

7 ‘‘(iii) an Analysis of Alternatives; 

8 ‘‘(iv) an Operational Requirements 

9 Document; 

10 ‘‘(v) an Acquisition Plan; and 

11 ‘‘(vi) an Integrated Logistics Support 

12 Plan. 

13 ‘‘(F) Identification of acquisitions that 

14 have not met cost, schedule, or performance pa15 rameters, and a description of the corrective 

16 measures implemented or planned for such ac17 quisitions. 

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

19 program manager has been assigned to the ac20 quisition.’’. 

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

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

23 by inserting after the item relating to section 835 the fol24 lowing new item: 

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

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1 SEC. 102. ACQUISITION PROFESSIONAL CAREER PROGRAM. 

2 (a) ESTABLISHMENT.—The Secretary shall establish 

3 an acquisition professional career program for selected 

4 professionals to foster the recruitment, training, certifi5 cation, and retention of qualified acquisition personnel 

6 throughout the Department. 

7 (b) CAREER FIELDS COVERED.—The program estab8 lished under subsection (a) shall provide training in key 

9 acquisition career fields supporting the entire life cycle of 

10 acquisitions, including the positions of contract specialist, 

11 program manager, logistician, systems engineer, cost esti12 mator, and information technology acquisition specialist. 

13 (c) ROTATIONAL ASSIGNMENTS.—To the extent prac14 ticable, the Department should strive to have participants 

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

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

17 one year in length unless otherwise provided by the Sec18 retary, at Department components in order to gain a 

19 broad perspective on how acquisitions support the Depart20 ment’s missions. 

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

22 subsection (a) shall be commensurate with available fund23 ing and consistent with the projected acquisition workforce 

24 needs established in the strategic plan for acquisition 

25 workforce required by section 103. 

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1 (e) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to conflict with or supersede the 

3 authority vested in the Administrator for Federal Procure4 ment Policy. 

5 SEC. 103. STRATEGIC PLAN FOR ACQUISITION WORK6 FORCE. 

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

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

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

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

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

12 acquisition workforce that is consistent with requirements 

13 issued by the Administrator for Federal Procurement Pol14 icy and includes— 

15 (1) an identification of gaps in capabilities in 

16 each component of the Department for, at a min17 imum, the acquisition career fields identified pursu18 ant to section 102, and specific steps that will be 

19 taken to address those gaps; 

20 (2) projections in personnel needed for each ac21 quisition career field in each component; and 

22 (3) a plan and projected schedule for training 

23 the acquisition workforce. 

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

25 deliver a copy of the strategic plan developed pursuant to 

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1 subsection (a) to the Committee on Homeland Security 

2 and Governmental Affairs of the Senate and the Com3 mittee on Homeland Security of the House of Representa4 tives. 

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

6 (a) REPORTING OF SIGNIFICANT CONTRACTS.—The 

7 Secretary shall notify the Committee on Homeland Secu8 rity and Governmental Affairs of the Senate and the Com9 mittee on Homeland Security of the House of Representa10 tives at least 3 business days before— 

11 (1) making a contract award, other transaction 

12 agreement, or task and delivery order exceeding 

13 $10,000,000; or 

14 (2) announcing the intention to make such an 

15 award. 

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

17 compliance with this section would pose a substantial risk 

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

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

20 the Committee on Homeland Security and Governmental 

21 Affairs of the Senate and the Committee on Homeland 

22 Security of the House of Representatives shall be notified 

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

24 made. 

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1 SEC. 105. INDEPENDENT VERIFICATION AND VALIDATION. 

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

3 after the date of the enactment of this Act, the Chief Pro4 curement Officer of the Department, in consultation with 

5 the Chief Information Officer of the Department, shall 

6 issue guidance on use of independent verification and vali7 dation to provide a process for the independent evaluation 

8 of the integrity and quality of major acquisitions. The 

9 guidance shall include— 

10 (1) a definition of independent verification and 

11 validation for consistent use by Department compo12 nents; 

13 (2) criteria for applying and planning inde14 pendent verification and validation that— 

15 (A) gives priority for consideration of inde16 pendent verification and validation based on 

17 factors including mission criticality of the pro18 gram and its components and potential impacts 

19 to the program from undetected system errors; 

20 (B) includes appropriate thresholds above 

21 which acquisitions may not proceed without 

22 independent verification and validation unless 

23 authorized to do so by the Acquisition Review 

24 Board established under section 836 of the 

25 Homeland Security Act of 2002, as added by 

26 section 101; and 

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1 (C) ensures, where reasonable and appro2 priate, use of resources of the Federal Govern3 ment to perform independent verification and 

4 validation; 

5 (3) procedures for ensuring the managerial, fi6 nancial, and technical independence of providers of 

7 independent verification and validation from the per8 sonnel who develop, manage, and perform acquisi9 tions for the program, in order to obtain unbiased 

10 reviews of acquisitions; 

11 (4) methods for integrating independent 

12 verification and validation results into program man13 agement; 

14 (5) procedures to monitor and ensure imple15 mentation of the guidance and to take corrective ac16 tion when necessary; and 

17 (6) mechanisms to collect and analyze data on 

18 independent verification and validation to facilitate 

19 lessons learned and evaluate the effectiveness of the 

20 investments of the Department. 

21 (b) RESTRICTION ON DEVELOPMENT OF GUID22 ANCE.—The development of the guidance required under 

23 subsection (a) shall be considered an inherently govern24 mental function. 

25 (c) REPORTING TO CONGRESS.— 

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1 (1) QUARTERLY REPORTS.—The quarterly re2 ports required by section 836(e)(2) of the Homeland 

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

4 added by section 101, shall include, for any acquisi5 tion that is granted initial approval to proceed by 

6 the Acquisition Review Board without a plan for 

7 independent verification and validation, an expla8 nation of the decision not to employ independent 

9 verification and validation. 

10 (2) INFORMATION TECHNOLOGY.—Not later 

11 than 270 days after the date of enactment of this 

12 Act, the Chief Procurement Officer of the Depart13 ment shall submit to the Committee on Homeland 

14 Security and Governmental Affairs of the Senate 

15 and the Committee on Homeland Security of the 

16 House of Representatives a report on the actions the 

17 Department is taking to address the recommenda18 tions included in the July 2011 report of the Gov19 ernment Accountability Office entitled ‘‘Information 

20 Technology: DHS Needs to Improve Its Independent 

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

22 actions taken to improve the use of independent 

23 verification and validation for the 8 programs identi24 fied in the report. 

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1 SEC. 106. OTHER TRANSACTION AUTHORITY. 

2 Section 831 of the Homeland Security Act of 2002 

3 (6 U.S.C. 391) is amended— 

4 (1) in subsection (a), by striking ‘‘Until Sep5 tember 30, 2010’’ and inserting ‘‘Until September 

6 30, 2016’’; 

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

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

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

10 September 30, 2015’’; and 

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

12 30, 2010’’ and inserting ‘‘September 30, 2016’’. 

13 SEC. 107. REPORT ON COMPETITION. 

14 Not later than 270 days after the date of the enact15 ment of this Act, the Inspector General of the Department 

16 of Homeland Security shall prepare a report analyzing the 

17 use of competition in the award of contracts by the De18 partment under the requirements of the Competition in 

19 Contracting Act (41 U.S.C. 3301 et seq.), which shall in20 clude— 

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

22 total number and dollar value of new contracts for 

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

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

25 of contracts— 

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1 (A) entered into without full and open 

2 competition; and 

3 (B) awarded under competition after re4 ceipt of only one offer; 

5 (2) a statistical analysis of statutory exceptions 

6 used to enter contracts without full and open com7 petition; 

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

9 each component; and 

10 (4) a comparison of the percentage of contracts 

11 awarded under full and open competition by the De12 partment and the percentage of contracts awarded 

13 under full and open competition by other major 

14 agencies. 

15 SEC. 108. OPEN ARCHITECTURE STUDY. 

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

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

18 for Management shall commence a study within the De19 partment to examine ways in which performance may be 

20 improved, costs may be reduced, and opportunities for 

21 competition may be increased through an open architec22 ture approach to acquisitions. 

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

24 contain input from the following officials: 

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1 (1) The Chief Procurement Officer of the De2 partment. 

3 (2) The Chief Information Officer of the De4 partment. 

5 (3) The Chief Acquisition Executives of the De6 partment’s components. 

7 (4) The Heads of Contracting Activity of the 

8 Department’s components. 

9 (5) The Chief Information Officers of the De10 partment’s components. 

11 (6) The Director of Acquisition Support and 

12 Operations Analysis of the Science and Technology 

13 Directorate. 

14 (7) Any other official of the Department identi15 fied by the Under Secretary for Management. 

16 (c) STUDY.— 

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

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

19 Under Secretary for Management shall submit to 

20 the Committee on Homeland Security and Govern21 mental Affairs of the Senate, and the Committee on 

22 Homeland Security of the House of Representatives 

23 a report— 

24 (A) assessing the current use of open ar25 chitecture by the Department; 

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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). 

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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; 

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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 

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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.), 

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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 

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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; 

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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 

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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; 

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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 submstockstill on DSK4VPTVN1PROD with 

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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.— 

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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 

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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 

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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 

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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, 

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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— 

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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 

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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 

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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— 

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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 

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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: 

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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 

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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 

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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); 

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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 

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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 

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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.’’. 

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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.’’. 

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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 

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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 

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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’’. 

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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. 

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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, commstockstill on DSK4VPTVN1PROD with 

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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. 

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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 

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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, 

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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, 

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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 

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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. 

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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.— 

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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: dismstockstill on DSK4VPTVN1PROD with 

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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 

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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 

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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.— 

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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: 

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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 

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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— 

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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 

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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 

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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 

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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)— 

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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 

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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. Citimstockstill on DSK4VPTVN1PROD with 

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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 

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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 

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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 Secumstockstill on DSK4VPTVN1PROD with 

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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 

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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’’; 

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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’’; 

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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 Transmstockstill on DSK4VPTVN1PROD with 

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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 

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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 

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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 Inframstockstill on DSK4VPTVN1PROD with 

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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 Promstockstill on DSK4VPTVN1PROD with 

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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— 

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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 inmstockstill on DSK4VPTVN1PROD with 

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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; 

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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 sysmstockstill on DSK4VPTVN1PROD with 

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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.’’. 

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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 Semstockstill on DSK4VPTVN1PROD with 

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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; 

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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’’; 

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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 signifimstockstill on DSK4VPTVN1PROD with 

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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; 

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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).’’. 

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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.’’. 

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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: 

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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. 

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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 

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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).’’. 

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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; 

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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 

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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 

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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 

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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 comstockstill on DSK4VPTVN1PROD with 

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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 

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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.’’. 

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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; 

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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 

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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.— 

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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— 

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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. 

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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 

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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)— 

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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 contracmstockstill on DSK4VPTVN1PROD with 

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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 

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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 exmstockstill on DSK4VPTVN1PROD with 

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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.— 

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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: 

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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; 

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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— 

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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. 

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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 

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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 remstockstill on DSK4VPTVN1PROD with 

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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 intermstockstill on DSK4VPTVN1PROD with 

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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— 

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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; 

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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’’. 

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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)). 

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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. 

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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 

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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 

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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 

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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— 

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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— 

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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). 

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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 

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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— 

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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 

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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 

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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 

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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.’’. 

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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, 

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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; 

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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. 

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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 promstockstill on DSK4VPTVN1PROD with 

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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 

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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 

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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. 

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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 secmstockstill on DSK4VPTVN1PROD with 

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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: 

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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. 

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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 

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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: 

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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; 

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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. 

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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 Homemstockstill on DSK4VPTVN1PROD with 

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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.’’. 

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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 remstockstill on DSK4VPTVN1PROD with 

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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 

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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 

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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. 

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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 

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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.’’. 

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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 

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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. 

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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: 

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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 

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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 propmstockstill on DSK4VPTVN1PROD with 

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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 

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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 submstockstill on DSK4VPTVN1PROD with 

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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, 

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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 exmstockstill on DSK4VPTVN1PROD with 

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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). 

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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 

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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 

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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.— 

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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: 

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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; 

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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’’. 

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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 

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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; 

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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 

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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.— 

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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 

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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.’’. 

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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 

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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’’. 

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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; 

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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 

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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. 

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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. 

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‘‘Sec. 320. Establishing a technology evaluation and readiness assessment process. 

‘‘Sec. 321. Availability of testing facilities and equipment.’’. 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘De3 partment of Homeland Security Authorization Act of 

4 2012’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—MANAGEMENT AND EFFICIENCY 

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. 

Sec. 117. Reversion to Treasury of excess funds. 

Sec. 118. Prohibition on collection of political information. 

Sec. 119. Format of plans and reports submitted to Congress. 

Sec. 120. Travel expenses of political appointees. 

Sec. 121. Elimination of duplicative fellowship programs. 

Sec. 122. Information of subgrantees. 

Sec. 123. Improving financial accountability and management. 

Sec. 124. Limitation on use of cost-plus contracts. 

Sec. 125. Safeguarding constitutionally protected activity. 

Sec. 126. Secretary guidelines for protecting constitutional rights and civil liberties. 

TITLE II—STRUCTURE AND ORGANIZATION 

Sec. 201. Under Secretary for Policy. 

Sec. 202. Office of International Affairs. 

Sec. 203. Chief Medical Officer. 

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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. Reports on emergency communications and interoperability functions. 

Sec. 216. 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. 

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. 

Sec. 421. Grant program contingency plans. 

Sec. 422. National mitigation framework. 

Sec. 423. Nonemergency personnel hiring freeze. 

TITLE V—BORDER SECURITY 

Sec. 501. Workforce staffing plan. 

Sec. 502. Border technology and infrastructure plan. 

Sec. 503. Surge deployment. 

Sec. 504. Enhanced training for Border Patrol agents. 

Sec. 505. Outbound inspections. 

Sec. 506. Situational awareness of the northern border. 

Sec. 507. Office of International Travel Security and Screening. 

Sec. 508. Visa security. 

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Sec. 509. Report on border security task forces, drug intelligence centers, and 

State and major urban area fusion centers. 

Sec. 510. Enhanced agriculture inspection. 

Sec. 511. Report on status of unobligated balances in U.S. Customs and Border 

Protection Customs User Fee Account. 

Sec. 512. Government Accountability Office report. 

Sec. 513. Border security on certain Federal land. 

Sec. 514. Z backscatter van technology report. 

Sec. 515. Refugee status report. 

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. 

Sec. 605. Fusion center funding report. 

Sec. 606. Report on fusion centers. 

Sec. 607. GAO report on analytical capabilities. 

Sec. 608. Audit on privacy and civil liberties and update on privacy and civil 

liberties impact assessments. 

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 of 

6 Homeland Security. 

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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.) is 

7 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 es13 tablished under subsection (a) to provide a consistent meth14 od to evaluate the progress and status of acquisitions at 

15 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 review 

22 process established under subsection (a). 

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

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1 ‘‘(A) designate the Director of Cost Analysis 

2 as a member of the Acquisition Review Board; 

3 and 

4 ‘‘(B) designate other appropriate officials of 

5 the Department to serve on the Acquisition Re6 view 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 investments 

11 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.—Not 

19 later than 3 business days after signature of any ac20 quisition decision memorandum of the Acquisition 

21 Review Board, the Under Secretary for Management 

22 shall provide a copy of the memorandum, together 

23 with a copy of the Letter of Assessment signed by the 

24 Director of Testing and Evaluation, to the Committee 

25 on Homeland Security and Governmental Affairs of 

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1 the Senate and the Committee on Homeland Security 

2 of the House or Representatives. 

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

4 Secretary for Management shall provide a quarterly 

5 report to the Committee on Homeland Security and 

6 Governmental Affairs of the Senate and the Com7 mittee on Homeland Security of the House of Rep8 resentatives detailing the status of each acquisition 

9 subject to the review process established by this sec10 tion. The report shall include the following elements: 

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

12 ‘‘(B) The status of review of the acquisition 

13 by the Acquisition Review Board or other board 

14 designated to review the acquisition. 

15 ‘‘(C) The estimated life-cycle cost of the ac16 quisition, and the basis for the estimate. 

17 ‘‘(D) The Acquisition Program Baseline ap18 proved by the Acquisition Review Board. 

19 ‘‘(E) Information on whether the Acquisi20 tion Review Board has reviewed and approved 

21 other key planning documents, including, as ap22 plicable— 

23 ‘‘(i) a Concept of Operations; 

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

25 ‘‘(iii) an Analysis of Alternatives; 

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1 ‘‘(iv) an Operational Requirements 

2 Document; 

3 ‘‘(v) an Acquisition Plan; and 

4 ‘‘(vi) an Integrated Logistics Support 

5 Plan. 

6 ‘‘(F) Identification of acquisitions that have 

7 not met cost, schedule, or performance param8 eters, and a description of the corrective meas9 ures implemented or planned for such acquisi10 tions. 

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

12 program manager has been assigned to the ac13 quisition.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents in 

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

16 inserting after the item relating to section 835 the following 

17 new item: 

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

18 SEC. 102. ACQUISITION PROFESSIONAL CAREER PROGRAM. 

19 (a) ESTABLISHMENT.—The Secretary shall establish 

20 an acquisition professional career program for selected pro21 fessionals to foster the recruitment, training, certification, 

22 and retention of qualified acquisition personnel throughout 

23 the Department. 

24 (b) CAREER FIELDS COVERED.—The program estab25 lished under subsection (a) shall provide training in key 

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1 acquisition career fields supporting the entire life cycle of 

2 acquisitions, including the positions of contract specialist, 

3 program manager, logistician, systems engineer, cost esti4 mator, and information technology acquisition specialist. 

5 (c) SMALL BUSINESS TRAINING.—The program estab6 lished under subsection (a) shall provide training to indi7 viduals in acquisition career fields described under sub8 section (b) on acquisition policy relating to small business 

9 concerns (as defined under section 3 of the Small Business 

10 Act (15 U.S.C. 632)). 

11 (d) ROTATIONAL ASSIGNMENTS.—To the extent prac12 ticable, the Department should strive to have participants 

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

14 at a minimum, 3 rotational assignments, to be at least 1 

15 year in length unless otherwise provided by the Secretary, 

16 at Department components in order to gain a broad per17 spective on how acquisitions support the Department’s mis18 sions. 

19 (e) SIZE.—The size of the program established under 

20 subsection (a) shall be commensurate with available fund21 ing and consistent with the projected acquisition workforce 

22 needs established in the strategic plan for acquisition work23 force required by section 103. 

24 (f) RULE OF CONSTRUCTION.—Nothing in this section 

25 shall be construed to conflict with or supersede the authority 

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1 vested in the Administrator for Federal Procurement Pol2 icy. 

3 SEC. 103. STRATEGIC PLAN FOR ACQUISITION WORKFORCE. 

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

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

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

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

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

9 acquisition workforce that is consistent with requirements 

10 issued by the Administrator for Federal Procurement Policy 

11 and includes— 

12 (1) an identification of gaps in capabilities in 

13 each component of the Department for, at a min14 imum, the acquisition career fields identified pursu15 ant to section 102, and specific steps that will be 

16 taken to address those gaps; 

17 (2) projections in personnel needed for each ac18 quisition career field in each component; and 

19 (3) a plan and projected schedule for training 

20 the acquisition workforce. 

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

22 deliver a copy of the strategic plan developed pursuant to 

23 subsection (a) to the Committee on Homeland Security and 

24 Governmental Affairs of the Senate and the Committee on 

25 Homeland Security of the House of Representatives. 

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

2 (a) REPORTING OF SIGNIFICANT CONTRACTS.—The 

3 Secretary shall notify the Committee on Homeland Security 

4 and Governmental Affairs of the Senate and the Committee 

5 on Homeland Security of the House of Representatives at 

6 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 the 

16 Committee on Homeland Security and Governmental Af17 fairs of the Senate and the Committee on Homeland Secu18 rity of the House of Representatives shall be notified not 

19 later than 5 business days after such an award is made. 

20 SEC. 105. INDEPENDENT VERIFICATION AND VALIDATION. 

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

22 after the date of enactment of this Act, the Chief Procure23 ment Officer of the Department, in consultation with the 

24 Chief Information Officer of the Department, shall issue 

25 guidance on use of independent verification and validation 

26 to provide a process for the independent evaluation of the 

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1 integrity and quality of major acquisitions. The guidance 

2 shall include— 

3 (1) a definition of independent verification and 

4 validation for consistent use by Department compo5 nents; 

6 (2) criteria for applying and planning inde7 pendent verification and validation that— 

8 (A) gives priority for consideration of inde9 pendent verification and validation based on fac10 tors including mission criticality of the program 

11 and its components and potential impacts to the 

12 program from undetected system errors; 

13 (B) includes appropriate thresholds above 

14 which acquisitions may not proceed without 

15 independent verification and validation unless 

16 authorized to do so by the Acquisition Review 

17 Board established under section 836 of the 

18 Homeland Security Act of 2002, as added by sec19 tion 101; and 

20 (C) ensures, where reasonable and appro21 priate, use of resources of the Federal Govern22 ment to perform independent verification and 

23 validation; 

24 (3) procedures for ensuring the managerial, fi25 nancial, and technical independence of providers of 

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1 independent verification and validation from the per2 sonnel who develop, manage, and perform acquisitions 

3 for the program, in order to obtain unbiased reviews 

4 of acquisitions; 

5 (4) methods for integrating independent 

6 verification and validation results into program man7 agement; 

8 (5) procedures to monitor and ensure implemen9 tation of the guidance and to take corrective action 

10 when necessary; and 

11 (6) mechanisms to collect and analyze data on 

12 independent verification and validation to facilitate 

13 lessons learned and evaluate the effectiveness of the in14 vestments of the Department. 

15 (b) RESTRICTION ON DEVELOPMENT OF GUIDANCE.— 

16 The development of the guidance required under subsection 

17 (a) shall be considered an inherently governmental function. 

18 (c) REPORTING TO CONGRESS.— 

19 (1) QUARTERLY REPORTS.—The quarterly re20 ports required by section 836(e)(2) of the Homeland 

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

22 by section 101, shall include, for any acquisition that 

23 is granted initial approval to proceed by the Acquisi24 tion Review Board without a plan for independent 

25 verification and validation, an explanation of the demstockstill on DSK4VPTVN1PROD with 

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1 cision not to employ independent verification and 

2 validation. 

3 (2) INFORMATION TECHNOLOGY.—Not later than 

4 270 days after the date of enactment of this Act, the 

5 Chief Procurement Officer of the Department shall 

6 submit to the Committee on Homeland Security and 

7 Governmental Affairs of the Senate and the Com8 mittee on Homeland Security of the House of Rep9 resentatives a report on the actions the Department is 

10 taking to address the recommendations included in 

11 the July 2011 report of the Government Account12 ability Office entitled ‘‘Information Technology: DHS 

13 Needs to Improve Its Independent Acquisition Re14 views’’ (GAO–11–581), including any actions taken 

15 to improve the use of independent verification and 

16 validation for the 8 programs identified in the report. 

17 SEC. 106. OTHER TRANSACTION AUTHORITY. 

18 Section 831 of the Homeland Security Act of 2002 (6 

19 U.S.C. 391) is amended— 

20 (1) in subsection (a), by striking ‘‘Until Sep21 tember 30, 2010’’ and inserting ‘‘Until September 30, 

22 2016’’; 

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

24 2 years after the effective date of this Act, and annumstockstill on DSK4VPTVN1PROD with 

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1 ally thereafter’’ and inserting ‘‘Not later than Sep2 tember 30, 2015’’; and 

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

4 30, 2010’’ and inserting ‘‘September 30, 2016’’. 

5 SEC. 107. REPORT ON COMPETITION. 

6 Not later than 270 days after the date of enactment 

7 of this Act, the Inspector General of the Department of 

8 Homeland Security shall prepare a report analyzing the 

9 use of competition in the award of contracts by the Depart10 ment under the requirements of the Competition in Con11 tracting Act (41 U.S.C. 3301 et seq.), which shall include— 

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

13 total number and dollar value of new contracts for 

14 each of the last 3 full fiscal years for which data is 

15 available, and, of that total number, the number of 

16 contracts— 

17 (A) entered into without full and open com18 petition; and 

19 (B) awarded under competition after receipt 

20 of only 1 offer; 

21 (2) a statistical analysis of statutory exceptions 

22 used to enter contracts without full and open competi23 tion; 

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

25 each component; and 

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1 (4) a comparison of the percentage of contracts 

2 awarded under full and open competition by the De3 partment and the percentage of contracts awarded 

4 under full and open competition by other major agen5 cies. 

6 SEC. 108. OPEN ARCHITECTURE STUDY. 

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

8 the date of enactment of this Act, the Under Secretary for 

9 Management shall commence a study within the Depart10 ment to examine ways in which performance may be im11 proved, costs may be reduced, and opportunities for com12 petition may be increased through an open architecture ap13 proach to acquisitions. 

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

15 contain input from the following officials: 

16 (1) The Chief Procurement Officer of the Depart17 ment. 

18 (2) The Chief Information Officer of the Depart19 ment. 

20 (3) The Chief Acquisition Executives of the De21 partment’s components. 

22 (4) The Heads of Contracting Activity of the De23 partment’s components. 

24 (5) The Chief Information Officers of the Depart25 ment’s components. 

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1 (6) The Director of Acquisition Support and Op2 erations Analysis of the Science and Technology Di3 rectorate. 

4 (7) Any other official of the Department identi5 fied by the Under Secretary for Management. 

6 (c) STUDY.— 

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

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

9 for Management shall submit to the Committee on 

10 Homeland Security and Governmental Affairs of the 

11 Senate, and the Committee on Homeland Security of 

12 the House of Representatives a report— 

13 (A) assessing the current use of open archi14 tecture by the Department; 

15 (B) making recommendations, as appro16 priate, on the benefits of expanded use of open 

17 architecture by the Department; 

18 (C) describing the internal capabilities nec19 essary for executing acquisitions under an open 

20 architecture model; and 

21 (D) identifying, as appropriate, acquisi22 tions for which use of open architecture would be 

23 beneficial. 

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

25 the report, the participants in the study should draw 

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1 on lessons learned from the use of open architecture 

2 at the Department of Defense. 

3 (d) OPEN ARCHITECTURE DEFINED.—In this section, 

4 the term ‘‘open architecture’’ means the employment of busi5 ness and technical practices that yield modular, interoper6 able systems that adhere to standards with open interfaces, 

7 with a goal of encouraging competitive proposals from mul8 tiple qualified sources and rapid incorporation of innova9 tive technologies into systems. 

10 (e) TERMINATION.—The study shall be deemed com11 pleted upon submission of the report required by subsection 

12 (c). 

13 SEC. 109. COST ANALYSIS DIVISION. 

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

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

16 amended by section 101(a), is further amended by adding 

17 at the end the following new section: 

18 ‘‘SEC. 837. COST ANALYSIS DIVISION. 

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

20 the Department a Cost Analysis Division, which shall re21 port to the Under Secretary for Management, to ensure that 

22 program cost estimates— 

23 ‘‘(1) are accurate reflections of program require24 ments; and 

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

2 for informed investment decisions, budget formula3 tion, measurement of progress, and accountability. 

4 ‘‘(b) DUTIES.—The duties of the Cost Analysis Divi5 sion shall include— 

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

7 as part of the investment review process established 

8 under section 836; 

9 ‘‘(2) providing independent cost estimates of 

10 major programs at major milestone points; 

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

12 conduct of cost estimation and cost analysis for ac13 quisition programs of the Department; 

14 ‘‘(4) issuing guidance relating to full consider15 ation of life-cycle management and sustainability 

16 costs in acquisition programs of the Department; 

17 ‘‘(5) providing assistance, training, and over18 sight of the cost analysis capabilities of the compo19 nents of the Department; 

20 ‘‘(6) leveraging, where possible, existing data21 bases and system resources maintained by other Fed22 eral agencies in the development of the Department’s 

23 cost database, and sharing relevant information and 

24 best practices related to cost databases with other 

25 agencies; and 

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1 ‘‘(7) leading the development of— 

2 ‘‘(A) improved analytical skills and com3 petencies within the cost assessment workforce of 

4 the Department; and 

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

6 improved performance, economy, and efficiency 

7 in planning and allocation of homeland security 

8 resources. 

9 ‘‘(c) DIRECTOR OF COST ANALYSIS.— 

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

11 shall be headed by a Director of Cost Analysis who 

12 shall serve as the principal advisor to the Secretary 

13 and other senior officials of the Department on cost 

14 estimation and cost analysis for acquisition programs 

15 of the Department. 

16 ‘‘(2) AVAILABILITY OF RESOURCES.—The Sec17 retary shall ensure that the Director of Cost Anal18 ysis— 

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

20 ‘‘(i) all cost estimates and cost anal21 yses conducted by components of the De22 partment for any acquisition subject to the 

23 investment review process established under 

24 section 836; and 

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1 ‘‘(ii) all studies conducted by the com2 ponents in connection with such acquisi3 tions; and 

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

5 data in the Department that the Director con6 siders necessary to review in order to carry out 

7 any duties under this section.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents in 

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

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

11 item relating to section 836 the following new item: 

‘‘Sec. 837. Cost Analysis Division.’’. 

12 SEC. 110. STRATEGIC ACQUISITION PLAN. 

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

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

15 amended by section 109(a), is further amended by adding 

16 at the end the following new section: 

17 ‘‘SEC. 838. STRATEGIC ACQUISITION PLAN. 

18 ‘‘Not later than 1 year after the date of enactment of 

19 the Department of Homeland Security Authorization Act 

20 of 2012, and annually thereafter, the Under Secretary for 

21 Management shall make publicly available on the Internet 

22 website of the Department a strategic acquisition plan that 

23 includes— 

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

25 specific objectives of the Department’s acquisitions; 

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

2 and, at a minimum, 5-year periods with specific in3 formation on— 

4 ‘‘(A) program-level needs; 

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

6 and 

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

8 planned procurements; and 

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

10 through Department-wide or government-wide con11 tracts.’’. 

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

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

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

15 item relating to section 837 the following new item: 

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

16 SEC. 111. TRANSPARENCY AND INNOVATION IN ACQUISI17 TION. 

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

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

20 amended by section 110(a), is further amended by adding 

21 at the end the following new section: 

22 ‘‘SEC. 839. TRANSPARENCY AND INNOVATION IN ACQUISI23 TION. 

24 ‘‘The Under Secretary for Management, consistent 

25 with applicable law, regulations, and policy shall— 

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1 ‘‘(1) ensure that acquisition personnel provide 

2 information on acquisition needs of the Department 

3 to the private sector and nongovernmental organiza4 tions; 

5 ‘‘(2) ensure that the Department’s website in6 cludes information on programs, policies, and initia7 tives designed to encourage small businesses to par8 ticipate in Department acquisitions; 

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

10 website to guide interactions between the Department 

11 and vendors; 

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

13 procurements on the Department’s website; 

14 ‘‘(5) promote use of consistent, shared termi15 nology and definitions within the Department and in 

16 the solicitations, contracts, grants, and other trans17 actions of the Department with the private sector; 

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

19 information and other pre-solicitation means of gath20 ering knowledge about the marketplace; and 

21 ‘‘(7) ensure that debriefings to unsuccessful 

22 offerors, including those required by the Federal Ac23 quisition Regulation, provide adequate explanation of 

24 the basis for an award decision.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of contents in 

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

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

4 item relating to section 838 the following new item: 

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

5 SEC. 112. DISASTER RELIEF PROCUREMENT AUTHORITIES. 

6 (a) CONFORMING DISASTER RELIEF AUTHORITIES TO

7 THE FEDERAL ACQUISITION REGULATION.—Subtitle F of 

8 the Post-Katrina Emergency Management Reform Act of 

9 2006 (title VI of Public Law 109–295; 120 Stat. 1457) is 

10 amended by striking sections 692 and 695 (6 U.S.C. 792 

11 and 794). 

12 (b) STREAMLINING REGISTRATION FOR VOLUNTARY

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

14 Post-Katrina Emergency Management Reform Act of 2006 

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

16 amended— 

17 (1) by amending paragraph (3) to read as fol18 lows: 

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

20 maintained in the registry shall be submitted on a 

21 voluntary basis and be kept current by the submitting 

22 business concerns.’’; and 

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

24 registry’’ and inserting ‘‘consult the Central Con25 tractor Registration database maintained under submstockstill on DSK4VPTVN1PROD with 

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1 part 4.11 of the Federal Acquisition Regulation, or 

2 any successor thereto’’. 

3 SEC. 113. SPECIAL EMERGENCY PROCUREMENT AUTHORITY 

4 FOR DOMESTIC EMERGENCY OPERATIONS. 

5 Section 1903 of title 41, United States Code, is amend6 ed— 

7 (1) in subsection (a)— 

8 (A) by redesignating paragraphs (1) and 

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

10 and moving such subparagraphs, as so redesig11 nated, 2 ems to the right; 

12 (B) by striking ‘‘with respect to a procure13 ment’’ and inserting the following: ‘‘with respect 

14 to— 

15 ‘‘(1) a procurement’’; 

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

17 by subparagraph (A) of this paragraph, by strik18 ing ‘‘United States.’’ and inserting ‘‘United 

19 States; and’’; and 

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

21 subparagraph: 

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

23 by or for the Department of Homeland Security 

24 that the Secretary of Homeland Security deter25 mines are to be used in support of domestic 

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1 emergency operations, in accordance with sub2 section (d).’’; 

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

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

5 (3) by adding at the end the following new sub6 section: 

7 ‘‘(d) DOMESTIC EMERGENCY OPERATIONS.—The Sec8 retary of Homeland Security, or a designee at the Chief 

9 Procurement Officer level or higher, in consultation with 

10 the Administrator, may utilize the authorities provided 

11 under paragraphs (1)(A), (2)(A), and (3) of subsection (b) 

12 in a domestic emergency operation to provide support for— 

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

14 terms are defined under section 102 of the Robert T. 

15 Stafford Disaster Relief and Emergency Assistance 

16 Act (42 U.S.C. 5122); or 

17 ‘‘(2) any occasion or instance for which the Sec18 retary of Homeland Security determines Federal as19 sistance is needed to supplement State and local ef20 forts and capabilities to save lives and to protect 

21 property and public health and safety, or to lessen or 

22 avert the threat of a catastrophe in any part of the 

23 United States.’’. 

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1 SEC. 114. FIELD EFFICIENCIES REPORT AND IMPLEMENTA2 TION PLAN. 

3 (a) DEFINITION.—In this section, the term ‘‘designated 

4 geographic area’’— 

5 (1) means an area designated by the Secretary 

6 where there is a substantial physical presence of more 

7 than 1 component or operational entity of a compo8 nent of the Department; and 

9 (2) does not include the National Capital Re10 gion, as defined under section 2674 of title 10, United 

11 States Code. 

12 (b) REPORT AND PLAN.— 

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

14 the date of enactment of this Act, the Secretary shall 

15 submit to the Committee on Homeland Security and 

16 Governmental Affairs of the Senate and the Com17 mittee on Homeland Security of the House of Rep18 resentatives an efficiencies report and implementation 

19 plan that— 

20 (A) examines the facilities and administra21 tive and logistics functions of components or 

22 operational entities of components of the Depart23 ment located within designated geographic areas; 

24 and 

25 (B) provides specific recommendations and 

26 an associated cost-benefit analysis for the conmstockstill on DSK4VPTVN1PROD with 

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1 solidation of the facilities and administrative 

2 and logistics functions of components or oper3 ational entities of components of the Department 

4 within each designated geographic area. 

5 (2) CONTENTS.—The efficiencies report and im6 plementation plan submitted under paragraph (1) 

7 shall— 

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

10 operational entities of components of the Depart11 ment located within each designated geographic 

12 area; 

13 (B) evaluate for each designated geographic 

14 area— 

15 (i) specific facilities at which compo16 nents or operational entities of components 

17 of the Department may be closed or consoli18 dated, including the consideration of when 

19 leases expire or facilities owned by the Gov20 ernment become available; 

21 (ii) the potential for the consolidation 

22 of administrative and logistics functions, 

23 including— 

24 (I) engineering services; 

25 (II) facility maintenance; 

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1 (III) janitorial services; 

2 (IV) fleet vehicle services; 

3 (V) shipping and receiving; 

4 (VI) facility security; 

5 (VII) procurement of goods and 

6 services; 

7 (VIII) mail handling; 

8 (IX) administrative support; and 

9 (X) information technology and 

10 telecommunications services and sup11 port; and 

12 (iii) additional ways to improve unity 

13 of effort and cost savings for field operations 

14 and related support activities; 

15 (C) detail any other opportunities to im16 prove efficiency or reduce costs identified by a 

17 component of the Department; and 

18 (D) from the elimination of duplicative 

19 component support functions, consolidation of fa20 cilities, and implementation of additional oper21 ational initiatives, reduce the aggregate amount 

22 of expenditures on all Department facilities, ad23 ministrative and logistics functions, and oper24 ational activities in designated geographic areas 

25 by 5 percent. 

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

2 after the date of enactment of this Act, the implemen3 tation plan required by this section shall be fully im4 plemented. 

5 SEC. 115. COST SAVINGS AND EFFICIENCY REVIEWS. 

6 (a) MANAGEMENT AND ADMINISTRATIVE SAVINGS.— 

7 Not later than 270 days after the date of enactment of this 

8 Act, the Secretary, acting through the Under Secretary for 

9 Management, shall submit to the Committee on Homeland 

10 Security and Governmental Affairs of the Senate and the 

11 Committee on Homeland Security of the House of Rep12 resentatives a report that— 

13 (1) provides a detailed accounting of the man14 agement and administrative expenditures and activi15 ties of the components of the Department; and 

16 (2) identifies potential cost savings and effi17 ciencies for the management and administrative ex18 penditures and activities of each component of the De19 partment. 

20 (b) PERSONNEL ALLOCATION STUDY.—Not later than 

21 270 days after the date of enactment of this Act, the Sec22 retary, acting through the Under Secretary for Manage23 ment, shall— 

24 (1) conduct a study that examines the size, expe25 rience level, and geographic distribution of the opermstockstill on DSK4VPTVN1PROD with 

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1 ational personnel of the Department, including U.S. 

2 Customs and Border Protection officers, Border Pa3 trol agents, U.S. Customs and Border Protection Air 

4 and Marine agents, U.S. Customs and Border Protec5 tion Agriculture Specialists, Federal Protective Serv6 ice Law Enforcement Security Officers, U.S. Immi7 gration and Customs Enforcement agents, Transpor8 tation Security Officers, Federal air marshals, and 

9 members of the Coast Guard; and 

10 (2) submit to the Committee on Homeland Secu11 rity and Governmental Affairs of the Senate and the 

12 Committee on Homeland Security of the House of 

13 Representatives a report that details the findings of 

14 the study conducted under paragraph (1) and rec15 ommends adjustments to close gaps in capabilities, re16 duce costs, and enhance efficiencies. 

17 SEC. 116. CONSOLIDATION OF YOUTH PROGRAMS. 

18 The Secretary shall consolidate all youth preparedness 

19 educational programs of the Department, including the use 

20 of mascots and youth-focused websites, into 1 program, in21 cluding— 

22 (1) the Ready Kids Initiative; 

23 (2) the FEMA for Kids website; 

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

25 website; and 

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1 (4) the Disaster Twins website of the Federal 

2 Emergency Management Agency. 

3 SEC. 117. REVERSION TO TREASURY OF EXCESS FUNDS. 

4 For any reduction in the cost to the Government at5 tributable to a consolidation of programs or termination 

6 of a program under this Act, or an amendment made by 

7 this Act, an amount equal to the amount of such reduction 

8 shall be returned from the applicable appropriations ac9 count to the general fund of the Treasury. 

10 SEC. 118. PROHIBITION ON COLLECTION OF POLITICAL IN11 FORMATION. 

12 (a) IN GENERAL.—Subtitle H of title VIII of the 

13 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is 

14 amended by adding at the end the following new section: 

15 ‘‘SEC. 890A. PROHIBITION ON COLLECTION OF POLITICAL 

16 INFORMATION. 

17 ‘‘(a) PROHIBITION ON REQUIRING SUBMISSION OF PO18 LITICAL INFORMATION.—The Secretary may not require a 

19 contractor to submit political information related to the 

20 contractor or a subcontractor at any tier, or any partner, 

21 officer, director, or employee of the contractor or subcon22 tractor— 

23 ‘‘(1) as part of a solicitation, request for bid, re24 quest for proposal, or any other form of communica25 tion designed to solicit offers in connection with the 

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1 award of a contract for procurement of property or 

2 services; 

3 ‘‘(2) during the course of contract performance 

4 as part of the process associated with modifying a 

5 contract or exercising a contract option; or 

6 ‘‘(3) any time prior to contract completion and 

7 final contract closeout. 

8 ‘‘(b) SCOPE.—The prohibition under this section ap9 plies to the procurement of commercial items, the procure10 ment of commercial-off-the-shelf-items, and the non-com11 mercial procurement of supplies, property, services, and 

12 manufactured items, irrespective of contract vehicle, includ13 ing contracts, purchase orders, task or deliver orders under 

14 indefinite delivery/indefinite quantity contracts, blanket 

15 purchase agreements, and basic ordering agreements. 

16 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed as— 

18 ‘‘(1) waiving, superseding, restricting, or lim19 iting the application of the Federal Election Cam20 paign Act of 1971 (2 U.S.C. 431 et seq.) or pre21 venting Federal regulatory or law enforcement agen22 cies from collecting or receiving information author23 ized by law; or 

24 ‘‘(2) precluding the Defense Contract Audit 

25 Agency or any other Federal agency responsible for 

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1 performing audits from accessing and reviewing cer2 tain information, including political information, for 

3 the purpose of identifying unallowable costs and ad4 ministering cost principles established pursuant to 

5 chapter 43 of title 41, United States Code. 

6 ‘‘(d) DEFINITIONS.—In this section: 

7 ‘‘(1) CONTRACTOR.—The term ‘contractor’ in8 cludes contractors, bidders, and offerors, and individ9 uals and legal entities who would reasonably be ex10 pected to submit offers or bids for Federal Govern11 ment contracts. 

12 ‘‘(2) POLITICAL INFORMATION.—The term ‘polit13 ical information’ means information relating to polit14 ical spending, including any payment consisting of a 

15 contribution, expenditure, independent expenditure, 

16 or disbursement for an electioneering communication 

17 that is made by the contractor, any of its partners, 

18 officers, directors or employees, or any of its affiliates 

19 or subsidiaries to a candidate or on behalf of a can20 didate for election for Federal office, to a political 

21 committee, to a political party, to a third party enti22 ty with the intention or reasonable expectation that 

23 it would use the payment to make independent ex24 penditures or electioneering communications, or that 

25 is otherwise made with respect to any election for 

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1 Federal office, party affiliation, and voting history. 

2 Each of the terms ‘contribution’, ‘expenditure’, ‘inde3 pendent expenditure’, ‘candidate’, ‘election’, ‘election4 eering communication’, and ‘Federal office’ has the 

5 meaning given the term in the Federal Campaign Act 

6 of 1971 (2 U.S.C. 431 et seq.).’’. 

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

8 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

9 101(b)) is amended by inserting after the item relating to 

10 section 890 the following new item: 

‘‘Sec. 890A. Prohibition on collection of political information.’’. 

11 SEC. 119. FORMAT OF PLANS AND REPORTS SUBMITTED TO 

12 CONGRESS. 

13 (a) SEARCHABLE, MACHINE-READABLE PLANS AND

14 REPORTS.—If the Department is required to submit a plan 

15 or report to Congress under any statutory provision of law, 

16 the Department shall— 

17 (1) make that plan or report available on the 

18 website described under section 1122 of title 31, 

19 United States Code; 

20 (2) produce that plan or report in searchable, 

21 machine-readable formats; 

22 (3) take actions to limit the unnecessary print23 ing of plans and reports; and 

24 (4) notify the Secretary of the Senate, the Clerk 

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1 sional committee to which that plan or report is re2 quired to be submitted of the availability of the plan 

3 or report on the website. 

4 (b) RELATIONSHIP TO FREEDOM OF INFORMATION

5 ACT.— 

6 (1) IN GENERAL.—Nothing in this section shall 

7 be construed to require the disclosure of information 

8 or records that are exempt from public disclosure 

9 under section 552 of title 5, United States Code. 

10 (2) REDACTION.—If any information in a plan 

11 or report to which this section applies may not be 

12 publicly disclosed under section 552(b) of title 5, 

13 United States Code, the Department shall— 

14 (A) redact from the report submitted to be 

15 published on the website described under section 

16 1122 of title 31, United States Code, only such 

17 information; 

18 (B) indicate where such redactions were 

19 made in the report; and 

20 (C) identify the exemption under which 

21 each such redaction is made. 

22 SEC. 120. TRAVEL EXPENSES OF POLITICAL APPOINTEES. 

23 (a) DEFINITION.—In this section, the term ‘‘political 

24 appointee’’ means an individual who— 

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1 (1) is employed in a position described under 

2 sections 5312 through 5316 of title 5, United States 

3 Code, (relating to the Executive Schedule); 

4 (2) is a limited term appointee, limited emer5 gency appointee, or noncareer appointee in the Senior 

6 Executive Service, as defined under paragraphs (5), 

7 (6), and (7), respectively, of section 3132(a) of title 5, 

8 United States Code; or 

9 (3) is employed in a position in the executive 

10 branch of the Government of a confidential or policy11 determining character under schedule C of subpart C 

12 of part 213 of title 5 of the Code of Federal Regula13 tions. 

14 (b) REPORT.—Not later than December 31, 2011, the 

15 Secretary shall submit to the Committee on Homeland Se16 curity and Governmental Affairs of the Senate and the 

17 Committee on Homeland Security of the House of Rep18 resentatives a report detailing the travel expenses of polit19 ical appointees of the Department during fiscal year 2011, 

20 which shall, for each trip by a political appointee— 

21 (1) list the dates, destinations, and purposes of 

22 and number of official travelers on the trip; 

23 (2) indicate whether Government or commercial 

24 craft were used for the trip; and 

25 (3) provide the costs of the trip. 

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1 SEC. 121. ELIMINATION OF DUPLICATIVE FELLOWSHIP PRO2 GRAMS. 

3 (a) IN GENERAL.— 

4 (1) NATIONAL FIRE ACADEMY FELLOWSHIP PRO5 GRAM.—Except as provided in subsection (b), on and 

6 after the date of enactment of this Act, the Secretary 

7 may not provide funds to the Harvard Fire Executive 

8 Fellowship Program (including making any grants 

9 for the tuition costs of selected applicants for the pro10 gram). 

11 (2) DHS SCHOLARS AND FELLOWS EDUCATIONAL

12 PROGRAM.—Except as provided in subsection (b), on 

13 and after the date of enactment of this Act, the Sec14 retary may not carry out the Homeland Security 

15 Scholars and Fellows program of the Department (in16 cluding making any grants under the program). 

17 (b) SAVINGS CLAUSE.—A grant made under a pro18 gram described under subsection (a) before the date of enact19 ment of this Act shall remain in full force and effect under 

20 the terms and conditions, and for the duration, of the grant. 

21 SEC. 122. INFORMATION OF SUBGRANTEES. 

22 (a) IN GENERAL.—Not later than 1 year after the date 

23 of enactment of this Act, the Administrator of the Federal 

24 Emergency Management Agency shall submit to the Com25 mittee on Homeland Security and Governmental Affairs of 

26 the Senate and the Committee on Homeland Security of the 

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1 House of Representatives a plan to develop and implement 

2 processes to collect and track information on grants award3 ed each fiscal year to subgrantees under the nondisaster pre4 paredness grant programs of the Federal Emergency Man5 agement Agency. 

6 (b) REQUIREMENTS.—The plan submitted under sub7 section (a) shall— 

8 (1) require the collection and tracking of the 

9 name and employer identification number or other 

10 unique identifier of the subgrantee (if available), the 

11 award amount, and capability being acquired; 

12 (2) describe how the information will be collected 

13 each fiscal year as part of the grant cycle; and 

14 (3) explain how the Federal Emergency Manage15 ment Agency will use the information to determine 

16 whether a grant recipient is receiving Federal fund17 ing from multiple preparedness grant programs to 

18 fully fund a project. 

19 SEC. 123. IMPROVING FINANCIAL ACCOUNTABILITY AND 

20 MANAGEMENT. 

21 (a) DEFINITIONS.—In this section, the terms ‘‘quali22 fied opinion’’ and ‘‘unqualified opinion’’ mean a qualified 

23 opinion and an unqualified opinion, respectively, within 

24 the meanings given those terms under generally accepted 

25 government auditing standards. 

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1 (b) REACHING AN UNQUALIFIED AUDIT OPINION.—In 

2 order to ensure compliance with the Department of Home3 land Security Financial Accountability Act (Public Law 

4 108–330; 118 Stat. 1275) and the amendments made by 

5 that Act, the Secretary shall— 

6 (1) take the necessary steps to ensure that the 

7 balance sheet of the Department and associated state8 ment of custodial activity for the fiscal years ending 

9 September 30, 2012 and September 30, 2013 are 

10 ready in a timely manner and in preparation for an 

11 audit as part of preparing the performance and ac12 countability reports required under section 3516(f) of 

13 title 31, United States Code, including submitting the 

14 reports not later than November 15, 2012 and Novem15 ber 15, 2013, respectively, in order to obtain a quali16 fied or unqualified opinion; 

17 (2) take the necessary steps to ensure that the 

18 full set of consolidated financial statements of the De19 partment for the fiscal years ending September 30, 

20 2014 and September 30, 2015 are ready in a timely 

21 manner and in preparation for an audit as part of 

22 preparing the performance and accountability reports 

23 required under section 3516(f) of title 31, United 

24 States Code, including submitting the reports not 

25 later than November 15, 2014 and November 15, 

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1 2015, respectively, in order to obtain a qualified or 

2 unqualified opinion; and 

3 (3) take the necessary steps to ensure that the 

4 full set of consolidated financial statements of the De5 partment for the fiscal year ending September 30, 

6 2016, and each fiscal year thereafter, are ready in a 

7 timely manner and in preparation for an audit as 

8 part of preparing the performance and accountability 

9 reports required under section 3516(f) of title 31, 

10 United States Code, including submitting the reports 

11 not later than November 15, 2016, and each year 

12 thereafter, in order to obtain an unqualified opinion. 

13 (c) REPORT TO CONGRESS ON PROGRESS OF MEETING

14 AUDIT REQUIREMENTS.—Not later than 270 days after the 

15 date of enactment of this Act, and annually thereafter until 

16 an unqualified opinion is submitted under paragraph (2) 

17 or (3) of subsection (b), and in order to ensure progress 

18 in implementing the Department of Homeland Security Fi19 nancial Accountability Act (Public Law 108–330; 118 Stat. 

20 1275) and the amendments made by that Act, the Chief Fi21 nancial Officer of the Department shall submit to the Com22 mittee on Homeland Security and Governmental Affairs of 

23 the Senate and the Committee on Homeland Security of the 

24 House of Representatives a report on the plans to obtain 

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1 an unqualified opinion, which shall discuss plans and re2 sources needed to meet the deadlines under subsection (b). 

3 (d) REPORT TO CONGRESS ON PLANS TO MODERNIZE

4 FINANCIAL SYSTEMS.— 

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

6 the date of enactment of this Act, and in order to im7 prove financial management at the Department, the 

8 Chief Financial Officer of the Department shall sub9 mit to the Committee on Homeland Security and 

10 Governmental Affairs of the Senate and the Com11 mittee on Homeland Security of the House of Rep12 resentatives and the Comptroller General of the 

13 United States a report on the plans of the Depart14 ment and resources needed to modernize the financial 

15 systems of the Department. 

16 (2) CONTENTS.—The report submitted under 

17 paragraph (1) shall discuss— 

18 (A) the challenges of and opportunities for 

19 using existing financial systems of the Depart20 ment, including an assessment of the feasibility 

21 and cost of using an existing financial system; 

22 (B) the challenges and opportunities of im23 plementing a new financial system and associ24 ated financial controls; and 

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1 (C) the lessons learned from the prior at2 tempts of the Department to develop a financial 

3 system that will be considered in implementing 

4 a new financial system. 

5 (3) REVIEW.—Not later than 180 days after the 

6 date on which the Chief Financial Officer of the De7 partment submits the report under paragraph (1), the 

8 Comptroller General of the United States shall review 

9 the report and submit to the Committee on Homeland 

10 Security and Governmental Affairs of the Senate and 

11 the Committee on Homeland Security of the House of 

12 Representatives a report that provides— 

13 (A) an assessment of the status of the finan14 cial system modernization by the Department; 

15 (B) an evaluation of the report; 

16 (C) an assessment of the plans to modernize, 

17 and developments at the Department relating to, 

18 the financial system of the Department; and 

19 (D) any recommendations for improving the 

20 plans for a new financial system at the Depart21 ment. 

22 SEC. 124. LIMITATION ON USE OF COST-PLUS CONTRACTS. 

23 (a) PRODUCTION OF MAJOR SYSTEMS.—Not later than 

24 120 days after the date of enactment of this Act, the Sec25 retary shall modify the acquisition regulations of the Demstockstill on DSK4VPTVN1PROD with 

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1 partment to prohibit the Department from entering into 

2 cost-type contracts for the production of major systems. 

3 (b) DEVELOPMENT OF MAJOR SYSTEMS.—As modified 

4 under subsection (a), the acquisition regulations of the De5 partment shall require the Under Secretary of Management, 

6 in consultation with the Acquisition Review Board, to de7 termine the appropriate contract type for the development 

8 of a major system at the time the Board approves the De9 partment’s investment in the development of a major system 

10 in accordance with section 836 of the Homeland Security 

11 Act of 2002, as added by section 101. The Under Secretary, 

12 in consultation with the Board, may authorize the use of 

13 a cost-type contract only upon written determination 

14 that— 

15 (1) the major system is so complex and tech16 nically challenging that it is not practicable to use a 

17 fixed-price type contract for its development; 

18 (2) all reasonable efforts have been made to de19 fine the requirements sufficiently to allow for the use 

20 of a fixed-price contract for the development of the 

21 major system; and 

22 (3) despite these efforts, the Department cannot 

23 define requirements sufficiently to allow for the use of 

24 a fixed-price contract for the development of the major 

25 system. 

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1 (c) OTHER TYPES OF PROCUREMENTS.—As modified 

2 under subsection (a), the acquisition regulations of the De3 partment shall, with respect to all procurements other than 

4 procurements for the production or development of major 

5 systems, prohibit the use of cost-types of contracts unless— 

6 (1) a contracting officer determines in writing 

7 that— 

8 (A) a cost-type contract is required by the 

9 level of program risk; and 

10 (B) appropriate steps will be taken as soon 

11 as practicable to reduce such risk so that follow12 on contracts for the same product or service can 

13 be awarded on a fixed-price basis; 

14 (2) the use of a cost-type contract for such pro15 curement is approved by the head of the contracting 

16 activity; and 

17 (3) the contracting officer records in writing the 

18 steps referred to in paragraph (1)(B) in the acquisi19 tions plan required under the Federal Acquisition 

20 Regulation. 

21 (d) REPORTING OF SIGNIFICANT CONTRACTS.—Pursu22 ant to section 104, the Secretary shall notify the Committee 

23 on Homeland Security and Governmental Affairs of the 

24 Senate and the Committee on Homeland Security of the 

25 House of Representatives at least 3 business days before 

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1 making a cost-type contract award, other transaction agree2 ment, or task and delivery order exceeding $10,000,000. 

3 (e) DEFINITIONS.—In this section: 

4 (1) DEVELOPMENT OF A MAJOR SYSTEM.—The 

5 term ‘‘development of a major system’’ means any ac6 tivity relating to the development of a major system 

7 or related increment of capability, the completion of 

8 full system integration, the development of an afford9 able and executable manufacturing process, and the 

10 demonstration of system integration, interoperability, 

11 safety, and utility. 

12 (2) MAJOR SYSTEM.—The term ‘‘major system’’ 

13 has the meaning given the term in Chapter 3007 of 

14 the Department of Homeland Security Acquisition 

15 Manual. 

16 (3) PRODUCTION OF A MAJOR SYSTEM.—The 

17 term ‘‘production of a major system’’ means any ac18 tivity relating to the production and deployment of a 

19 major system intended to achieve an operational ca20 pability that satisfies mission need. 

21 SEC. 125. SAFEGUARDING CONSTITUTIONALLY PROTECTED 

22 ACTIVITY. 

23 (a) IN GENERAL.—In conducting all investigative, an24 alytical, and other activities, the Department may not— 

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1 (1) violate the constitutional rights of any indi2 vidual, including any right involving— 

3 (A) the lawful purchase of a firearm or am4 munition; 

5 (B) membership in or involvement with a 

6 political organization; 

7 (C) lawful protest against or petition of the 

8 Government for redress or change in domestic or 

9 foreign policy; or 

10 (D) any other speech or activity protected 

11 by the Constitution of the United States; or 

12 (2) target an individual based solely upon the 

13 race, religion, or color of the individual. 

14 (b) TRAINING REQUIREMENT.—All managerial and 

15 operational employees for the Department shall receive an16 nual training on privacy matters, including training on 

17 activities and speech protected by the First Amendment to 

18 the Constitution of the United States. 

19 SEC. 126. SECRETARY GUIDELINES FOR PROTECTING CON20 STITUTIONAL RIGHTS AND CIVIL LIBERTIES. 

21 Not later than 60 days after the date of enactment of 

22 this Act, the Secretary shall submit to the Committee on 

23 Homeland Security and Governmental Affairs of the Senate 

24 and the Committee on Homeland Security of the House of 

25 Representatives— 

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1 (1) a report that details the operational guide2 lines that the employees of the Department shall fol3 low to ensure the protection of constitutional rights of 

4 citizens of the United States while carrying out the 

5 activities and duties of the Department; and 

6 (2) a report that details— 

7 (A) the actions the Secretary will take to 

8 ensure that all employees of the Department are 

9 trained to understand the rights guaranteed to 

10 citizens of the United States by the Constitution 

11 of the United States; and 

12 (B) the operational guidelines issued by the 

13 Secretary to ensure that all activities of the De14 partment are conducted legally. 

15 TITLE II—STRUCTURE AND 

16 ORGANIZATION 

17 SEC. 201. UNDER SECRETARY FOR POLICY. 

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

19 2002 (6 U.S.C. 101 et seq.) is amended by— 

20 (1) redesignating section 601 as section 890B 

21 and transferring that section to after section 890A, as 

22 added by section 118; and 

23 (2) striking the heading for title VI and insert24 ing the following: 

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1 ‘‘TITLE VI—POLICY, PLANNING, 

2 AND OPERATIONS COORDINA3 TION 

4 ‘‘Subtitle A—Under Secretary for 

5 Policy 

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

7 ‘‘(a) IN GENERAL.—There shall be in the Department 

8 an Under Secretary for Policy, who shall be appointed by 

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

10 Senate. 

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

12 Policy shall— 

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

14 Secretary; 

15 ‘‘(2) coordinate and provide overall direction 

16 and supervision of policy development for the pro17 grams, offices, and activities of the Department; 

18 ‘‘(3) work with the Under Secretary for Manage19 ment and the General Counsel of the Department to 

20 ensure that the development of the budget of the De21 partment is compatible with the priorities, strategic 

22 plans, and policies established by the Secretary; 

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

24 the Department, including overseeing each quadren25 nial homeland security review under section 621; and 

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

2 Secretary determines are appropriate, consistent with 

3 this section.’’. 

4 (b) INCUMBENT.—The individual serving as Assistant 

5 Secretary for Policy on the date of enactment of this Act 

6 may serve as the Under Secretary for Policy until the date 

7 on which an appointment to the position of Under Sec8 retary for Policy is made, by and with the advice and con9 sent of the Senate. 

10 (c) TECHNICAL AND CONFORMING AMENDMENT.—The 

11 table of contents in section 1(b) of the Homeland Security 

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

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

14 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.’’; 

15 and 

16 (2) by inserting after the item relating to section 

17 890A, as added by section 118, the following: 

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

the United States and other governmental organizations.’’. 

18 (d) REPORT.—Not later than 270 days after the date 

19 of enactment of this Act, the Comptroller General of the 

20 United States shall submit to the Committee on Homeland 

21 Security and Governmental Affairs of the Senate and the 

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1 resentatives a report on the Office of Policy of the Depart2 ment (referred to in this subsection as the ‘‘Office’’), which 

3 shall focus on— 

4 (1) any efforts or activities of the Office or re5 lated policy efforts or activities throughout the De6 partment that are duplicative; 

7 (2) whether the Office is effectively using the 

8 budgetary resources of the Office; and 

9 (3) whether the Office is appropriately and effi10 ciently organized, including whether the number of 

11 supervisory and political positions is appropriate for 

12 the size and scope of the Office. 

13 SEC. 202. OFFICE OF INTERNATIONAL AFFAIRS. 

14 Section 879 of the Homeland Security Act of 2002 (6 

15 U.S.C. 459) is amended to read as follows: 

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

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

18 the Department an Office of International Affairs, which 

19 shall be headed by the Assistant Secretary for International 

20 Affairs, who shall be appointed by the President. 

21 ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT SEC22 RETARY.—The Assistant Secretary for International Affairs 

23 shall— 

24 ‘‘(1) coordinate international activities within 

25 the Department; 

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1 ‘‘(2) develop and update, in consultation with all 

2 components of the Department with international ac3 tivities, an international strategic plan for the De4 partment and establish a process for managing its 

5 implementation; 

6 ‘‘(3) provide guidance to components of the De7 partment on executing international activities and to 

8 employees of the Department who are deployed over9 seas, including— 

10 ‘‘(A) establishing predeployment prepared11 ness criteria for employees and any accom12 panying family members; 

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

14 Under Secretary for Management, minimum 

15 support requirements for Department employees 

16 abroad, to ensure the employees have the proper 

17 resources and have received adequate and timely 

18 support prior to and during tours of duty; 

19 ‘‘(C) providing information and training 

20 on administrative support services available to 

21 overseas employees from the Department of State 

22 and other Federal agencies; 

23 ‘‘(D) establishing guidance on how Depart24 ment attaches are expected to coordinate with 

25 other component staff and activities; and 

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1 ‘‘(E) developing procedures and guidance 

2 for employees of the Department returning to the 

3 United States; 

4 ‘‘(4) identify areas for homeland security infor5 mation and training exchange in which— 

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

7 weakness; and 

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

9 the United States has a demonstrated expertise; 

10 ‘‘(5) maintain situational awareness of— 

11 ‘‘(A) all international engagement and trav12 el conducted by offices and personnel of the De13 partment; and 

14 ‘‘(B) all spending by the Federal Govern15 ment for international assistance activities relat16 ing to homeland security; and 

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

18 Secretary.’’. 

19 SEC. 203. CHIEF MEDICAL OFFICER. 

20 Section 516 of the Homeland Security Act of 2002 (6 

21 U.S.C. 321e) is amended— 

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

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

24 have the title of Assistant Secretary for Health Af25 fairs.’’; and 

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1 (2) in subsection (c)— 

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

3 the end; 

4 (B) by redesignating paragraph (7) as 

5 paragraph (10); and 

6 (C) by inserting after paragraph (6) the fol7 lowing: 

8 ‘‘(7) ensuring that the workforce of the Depart9 ment has science-based policy, standards, require10 ments, and metrics for occupational safety and 

11 health; 

12 ‘‘(8) providing medical expertise for the compo13 nents of the Department with respect to prevention, 

14 preparedness, protection, response, and recovery for 

15 medical and public health matters; 

16 ‘‘(9) working in conjunction with appropriate 

17 entities of the Department and other appropriate Fed18 eral agencies to develop guidance for prevention, pre19 paredness, protection, response, and recovery from 

20 catastrophic events with human, animal, agricultural, 

21 or environmental health consequences; and’’. 

22 SEC. 204. QUADRENNIAL HOMELAND SECURITY REVIEW. 

23 (a) IN GENERAL.—Section 707 of the Homeland Secu24 rity Act of 2002 (6 U.S.C. 347) is amended— 

25 (1) in subsection (a)— 

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

2 year 2009’’ and inserting ‘‘calendar year 2013’’; 

3 and 

4 (B) in paragraph (3), by striking ‘‘The Sec5 retary shall conduct each quadrennial homeland 

6 security review under this subsection’’ and in7 serting ‘‘In order to ensure that each quadren8 nial homeland security review conducted under 

9 this section is coordinated with the quadrennial 

10 defense review conducted by the Secretary of De11 fense under section 118 of title 10, United States 

12 Code, and any other major strategic review relat13 ing to diplomacy, intelligence, or other national 

14 security issues, the Secretary shall conduct each 

15 quadrennial homeland security review’’; and 

16 (2) by striking subsections (b) and (c) and in17 serting the following: 

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

19 ‘‘(1) IN GENERAL.—In each quadrennial home20 land security review, the Secretary shall— 

21 ‘‘(A) examine the homeland security aspects 

22 of the security environment of the Nation, in23 cluding existing and potential homeland security 

24 threats and challenges, and the effect of laws, 

25 Presidential directives, national strategies, and 

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1 other relevant guidance documents in meeting 

2 existing and potential homeland security threats 

3 and challenges; 

4 ‘‘(B) review the capabilities and capacities 

5 across the homeland security enterprise, and the 

6 roles of Executive agencies, States, local govern7 ments, Indian Tribes, and private entities in 

8 providing those capabilities and capacities; 

9 ‘‘(C) evaluate and prioritize the homeland 

10 security mission areas of the Nation and associ11 ated goals and objectives, and recommend any 

12 necessary revisions to the mission areas, goals, 

13 and objectives as appropriate; 

14 ‘‘(D) examine whether the capabilities and 

15 capacities across the homeland security enter16 prise should be adjusted based on any proposed 

17 modifications to the mission areas, goals, or ob18 jectives; 

19 ‘‘(E) identify additional capabilities and 

20 capacities that may be needed across the home21 land security enterprise in response to potential 

22 homeland security threats and challenges, and 

23 the resources required to provide the capabilities 

24 and capacities; 

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1 ‘‘(F) identify redundant, wasteful, or unnec2 essary capabilities and capacities where re3 sources can be redirected to support capabilities 

4 and capacities identified under subparagraph 

5 (E); 

6 ‘‘(G) evaluate the organization, organiza7 tional structure, governance structure, and busi8 ness processes (including acquisition processes) of 

9 the Department, as they relate to the ability of 

10 the Department to meet the responsibilities of the 

11 Department; and 

12 ‘‘(H) review any other matter the Secretary 

13 considers appropriate. 

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

15 year in which a quadrennial homeland security re16 view is conducted, and not later than the date on 

17 which the budget of the President for the next fiscal 

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

19 of title 31, United States Code, the Secretary shall— 

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

21 ‘‘(i) describing the process used in con22 ducting the quadrennial homeland security 

23 review and explaining any underlying as24 sumptions used in conducting the quadren25 nial homeland security review; 

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1 ‘‘(ii) describing the findings and con2 clusions of the review, including findings 

3 and conclusions relating to each issue ad4 dressed under subparagraphs (A) through 

5 (H) of paragraph (1); 

6 ‘‘(iii) detailing any proposed revisions 

7 to the national homeland security strategy, 

8 including any proposed revisions to the 

9 homeland security missions, capabilities 

10 and capacities, goals, or objectives of the 

11 Nation; 

12 ‘‘(iv) describing how the conclusions 

13 under the quadrennial homeland security 

14 review are to be implemented through the 

15 Future Years Homeland Security Program 

16 under section 874; 

17 ‘‘(v) detailing how the conclusions 

18 under the quadrennial homeland security 

19 review will inform efforts to develop capa20 bilities and build capacity of States, local 

21 governments, Indian Tribes, and private en22 tities, and of individuals, families, and 

23 communities; 

24 ‘‘(vi) providing proposed changes to the 

25 authorities, organization, governance strucmstockstill on DSK4VPTVN1PROD with 

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1 ture, or business processes (including acqui2 sition processes) of the Department in order 

3 to better fulfill the responsibilities of the De4 partment; and 

5 ‘‘(vii) describing any other matter the 

6 Secretary considers appropriate; and 

7 ‘‘(B) consistent with the protection of na8 tional security and other sensitive matters, make 

9 the report required under subparagraph (A) pub10 licly available on the website of the Department. 

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

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

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

14 shall submit to the Committee on Homeland Security and 

15 Governmental Affairs of the Senate and the Committee on 

16 Homeland Security of the House of Representatives a report 

17 on— 

18 ‘‘(1) the implementation of the recommendations 

19 in the report, including recommended revisions to the 

20 national homeland security strategy made under sub21 section (b)(2)(A)(iii) and changes proposed under 

22 subsection (b)(2)(A)(vi); and 

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

24 homeland security review, including a detailed re25 source plan specifying the estimated budget and nummstockstill on DSK4VPTVN1PROD with 

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1 ber of staff members that will be required for prepara2 tion of the quadrennial homeland security review.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

4 table of contents in section 1(b) of the Homeland Security 

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

6 the item relating to section 707 and inserting the following: 

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

7 SEC. 205. DESIGNATION OF FOREIGN TERRORIST ORGANI8 ZATIONS. 

9 (a) IN GENERAL.—Title VIII of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 361 et seq.) is amended by insert11 ing after section 890B, as redesignated and transferred by 

12 section 201(a)(1), the following: 

13 ‘‘SEC. 890C. DESIGNATION OF FOREIGN TERRORIST ORGA14 NIZATIONS. 

15 ‘‘In designating foreign terrorist organizations under 

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

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

18 the Secretary, the Attorney General, the Secretary of the 

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

20 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

21 table of contents in section 1(b) of the Homeland Security 

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

23 after the item relating to section 890B, as added by section 

24 201(c)(2), the following: 

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

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

3 (a) TERMINATION.—Title IV of the Homeland Security 

4 Act of 2002 is amended by striking section 430 (6 U.S.C. 

5 238). 

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 by 

12 the individual and to perform the responsibilities of the in13 dividual 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) leaves 

18 the position held by the individual on the day before 

19 the date of enactment of this Act, the Administrator 

20 of the Federal Emergency Management Agency (in 

21 this subsection referred to as the ‘‘Administrator’’) 

22 may perform or delegate the responsibilities of the in23 dividual as determined appropriate by the Adminis24 trator. 

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

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

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1 enactment of this Act the Administrator may perform 

2 or delegate the responsibilities of the individual most 

3 recently serving under an appointment by the Presi4 dent, by and with the advice and consent of the Sen5 ate, under section 430 of the Homeland Security Act 

6 of 2002 as determined appropriate by the Adminis7 trator. 

8 (d) TECHNICAL AND CONFORMING AMENDMENT.—The 

9 table of contents under section 1(b) of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 101(b)) is amended by striking 

11 the item relating to section 430. 

12 SEC. 207. STATE AND LOCAL GOVERNMENT COORDINATION. 

13 (a) INTERGOVERNMENTAL AFFAIRS.— 

14 (1) IN GENERAL.—Section 801 of the Homeland 

15 Security Act of 2002 (6 U.S.C. 361) is amended— 

16 (A) in the section heading by striking ‘‘OF17 FICE FOR’’; and 

18 (B) in subsection (a)— 

19 (i) by striking the subsection heading 

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

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

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

23 Government Coordination’’ and inserting 

24 ‘‘of Intergovernmental Affairs’’. 

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1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.— 

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

4 contents under section 1(b) of the Homeland Se5 curity Act of 2002 (6 U.S.C. 101(b)) is amended 

6 by striking the item relating to section 801 and 

7 inserting the following: 

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

8 (B) FUNCTIONS OF THE SECRETARY.—Sec9 tion 102(c) of the Homeland Security Act of 

10 2002 (6 U.S.C. 112(c)) is amended by striking 

11 ‘‘the Office of State and Local Coordination (es12 tablished under section 801)’’ and inserting ‘‘the 

13 Office of Intergovernmental Affairs described 

14 under section 801’’. 

15 (C) SPECIAL ASSISTANT TO THE SEC16 RETARY.—Section 102(f)(11) of the Homeland 

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

18 amended by striking ‘‘the Office of State and 

19 Local Coordination and Preparedness’’ and in20 serting ‘‘the Office of Intergovernmental Affairs’’. 

21 (D) CHIEF INFORMATION OFFICER.—Sec22 tion 703(b)(2)(D)(iv) of the Homeland Security 

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

24 amended by striking ‘‘and the Executive Director 

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1 of the Office of State and Local Coordination 

2 and Preparedness’’. 

3 (b) TRANSFER OF RESPONSIBILITIES.—Not later than 

4 30 days after the date of enactment of this Act, the Sec5 retary shall transfer to the Office of Intergovernmental Af6 fairs any responsibility under section 801(b) of the Home7 land Security Act of 2002 (6 U.S.C. 361(b)) which was 

8 transferred by the Secretary under section 872 of that Act 

9 (6 U.S.C. 452) or any other Act to an office or entity other 

10 than the Office of Intergovernmental Affairs before that date 

11 of enactment. 

12 SEC. 208. TERMINATION OF OFFICE OF COUNTER13 NARCOTICS ENFORCEMENT. 

14 (a) TERMINATION.— 

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

16 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

17 is amended by striking section 878 (6 U.S.C. 458). 

18 (2) EFFECTIVE DATE.—The amendment made by 

19 paragraph (1) shall take effect on the date of enact20 ment of this Act. 

21 (3) TRANSITION PROVISION.—Notwithstanding 

22 the amendment made by paragraph (1), the Office of 

23 Counternarcotics Enforcement and the Director of the 

24 Office of Counternarcotics Enforcement shall continue 

25 to perform any function of the Office or the Director, 

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1 respectively, under section 878 of the Homeland Secu2 rity Act of 2002, as in effect on the day before the 

3 date of enactment of this Act, until the earlier of— 

4 (A) the date on which the function is trans5 ferred under subsection (b); and 

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

7 of enactment of this Act. 

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

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

10 shall— 

11 (1) determine whether to transfer to an appro12 priate official of the Department each function de13 scribed in paragraph (1), (2), (3), or (5) of section 

14 878(d) of the Homeland Security Act of 2002 (6 

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

16 of enactment of this Act; 

17 (2) transfer to an appropriate official of the De18 partment any function determined appropriate under 

19 paragraph (1) and any personnel, assets, components, 

20 authorities, and liabilities relating to the function; 

21 and 

22 (3) submit to the Committee on Homeland Secu23 rity and Governmental Affairs of the Senate and the 

24 Committee on Homeland Security of the House of 

25 Representatives a notification regarding any function 

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1 described in paragraph (1) that the Secretary does 

2 not transfer under paragraph (2). 

3 (c) TECHNICAL AND CONFORMING AMENDMENT.—The 

4 table of contents in section 1(b) of the Homeland Security 

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

6 the item relating to section 878. 

7 SEC. 209. REORGANIZATION AUTHORITY. 

8 Section 872 of the Homeland Security Act of 2002 (6 

9 U.S.C. 452) is amended— 

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

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

12 after’’; and 

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

14 following: 

15 ‘‘(b) LIMITATIONS ON OTHER REORGANIZATION AU16 THORITY.— 

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

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

19 substantial consolidation, alteration, or transfer of 

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

21 function established or required to be maintained by 

22 statute. 

23 ‘‘(2) EXCEPTION.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding para25 graph (1), if the President determines it to be 

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1 necessary because of an imminent threat to 

2 homeland security, a function, power, or duty 

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

4 official, or agency thereof, may be transferred, 

5 reassigned, or consolidated within the Depart6 ment. 

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

8 the date on which the President makes a trans9 fer, reassignment, or consolidation under sub10 paragraph (A), the President shall notify the ap11 propriate congressional committees of the trans12 fer, reassignment, or consolidation. 

13 ‘‘(C) DURATION.—A transfer, reassignment, 

14 or consolidation under subparagraph (A) shall 

15 remain in effect only until the President deter16 mines that the threat to homeland security has 

17 terminated or is no longer imminent. 

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

19 date on which the President or the Secretary makes a trans20 fer, allocation, assignment, consolidation, alteration, estab21 lishment, or discontinuance under this section, the Presi22 dent or the Secretary shall publish in the Federal Reg23 ister— 

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

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1 ‘‘(2) a list of each statutory provision implicated 

2 by the action.’’. 

3 SEC. 210. CHIEF INFORMATION OFFICER. 

4 (a) IN GENERAL.—Section 703 of the Homeland Secu5 rity Act of 2002 (6 U.S.C. 343) is amended— 

6 (1) by redesignating subsection (b) as subsection 

7 (c); and 

8 (2) by inserting after subsection (a) the fol9 lowing: 

10 ‘‘(b) RESPONSIBILITIES.—The Chief Information Offi11 cer shall— 

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

13 components of the Department, and other senior offi14 cers in carrying out the responsibilities of the Depart15 ment for all activities relating to the programs and 

16 operations of the information technology functions of 

17 the Department; 

18 ‘‘(2) establish the information technology prior19 ities, policies, processes, standards, guidelines, and 

20 procedures of the Department; 

21 ‘‘(3) coordinate and ensure implementation of 

22 information technology priorities, policies, processes, 

23 standards, guidelines, and procedures within the De24 partment; 

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1 ‘‘(4) be responsible for information technology 

2 capital planning and investment management in ac3 cordance with sections 11312 and 11313 of title 40, 

4 United States Code; 

5 ‘‘(5) in coordination with the Chief Procurement 

6 Officer of the Department, assume responsibility for 

7 information systems acquisition, development and in8 tegration as required by section 11312 of title 40, 

9 United States Code; 

10 ‘‘(6) in coordination with the Chief Procurement 

11 Officer of the Department, review and approve any 

12 information technology acquisition with a total value 

13 greater than a threshold level to be determined by the 

14 Secretary; 

15 ‘‘(7) in coordination with relevant officials of the 

16 Department, ensure that information technology sys17 tems meet the standards established under the infor18 mation sharing environment, as defined in section 

19 1016 of the Intelligence Reform and Terrorism Pre20 vention Act of 2004 (6 U.S.C. 485); 

21 ‘‘(8) perform other responsibilities required 

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

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

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

25 Secretary may prescribe.’’. 

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1 (b) SOFTWARE LICENSING.— 

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

3 the date of enactment of this Act, and every 2 years 

4 thereafter, the Chief Information Officer of the De5 partment, in consultation with component chief infor6 mation officers, shall— 

7 (A) conduct a department-wide inventory of 

8 all existing software licenses including utilized 

9 and unutilized licenses; 

10 (B) assess the needs of the Department and 

11 the components of the Department for software 

12 licenses for the upcoming 2 fiscal years; and 

13 (C) examine how the Department can 

14 achieve the greatest possible economies of scale 

15 and cost-savings in the procurement of software 

16 licenses. 

17 (2) EXCESS SOFTWARE LICENSES.— 

18 (A) PLAN TO REDUCE SOFTWARE LI19 CENSES.—If the Chief Information Officer deter20 mines through the inventory conducted under 

21 paragraph (1) that the number of existing soft22 ware licenses of the Department and the compo23 nents of the Department exceeds the needs of the 

24 Department as assessed under paragraph (1)(B), 

25 the Secretary, not later than 90 days after the 

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1 date on which the inventory is completed under 

2 paragraph (1), shall establish a plan for bring3 ing the number of software licenses into balance 

4 with such needs of the Department. 

5 (B) PROHIBITION ON PROCUREMENT OF

6 NEW SOFTWARE LICENSES.— 

7 (i) IN GENERAL.—Except as provided 

8 in clause (ii), upon completion of a plan es9 tablished under subparagraph (A), no addi10 tional resources may be obligated for the 

11 procurement of new software licenses until 

12 such time as the need of the Department ex13 ceeds the number of existing and unused li14 censes. 

15 (ii) EXCEPTION.—The Chief Informa16 tion Officer of the Department may allow 

17 the purchase of additional licenses and 

18 amend the number of needed licenses as nec19 essary. 

20 (3) SUBMISSION TO CONGRESS.—A copy of each 

21 inventory conducted under paragraph (1) and each 

22 plan established under paragraph (2) shall be sub23 mitted to the Committee on Homeland Security and 

24 Governmental Affairs of the Senate and the Commstockstill on DSK4VPTVN1PROD with 

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1 mittee on Homeland Security of the House of Rep2 resentatives. 

3 SEC. 211. DEPARTMENT OF HOMELAND SECURITY HEAD4 QUARTERS. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law and not later than the end of fiscal year 2018, 

7 the Secretary shall consolidate the location of the head8 quarters of the Department and the headquarters of compo9 nents of the Department, as determined by the Secretary, 

10 in accordance with this section. 

11 (b) ST. ELIZABETHS HOSPITAL.—The Secretary shall 

12 ensure that— 

13 (1) the headquarters consolidation under sub14 section (a) occurs at the West Campus and East Cam15 pus of Saint Elizabeths Hospital in the District of 

16 Columbia; and 

17 (2) the sites of the headquarters consolidation in18 clude adequate parking and infrastructure to support 

19 the offices and employees relocated to the sites. 

20 (c) OTHER MISSION SUPPORT ACTIVITIES.— 

21 (1) IN GENERAL.—The Secretary shall consoli22 date the physical location of all components and ac23 tivities of the Department in the National Capital 

24 Region that do not relocate to the West Campus or 

25 East Campus of Saint Elizabeths Hospital to as few 

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1 locations within the National Capital Region as pos2 sible. 

3 (2) LIMITATION.—The Secretary may only con4 solidate components and activities described in para5 graph (1) if the consolidation can be accomplished 

6 without adversely affecting the specific mission of the 

7 components or activities being consolidated. 

8 (d) REPORTS ON TOTAL COSTS.— 

9 (1) INITIAL REPORT.—Not later than 180 days 

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

11 in consultation with the Administrator of General 

12 Services, shall submit a report on the total costs to 

13 complete each of the 3 phases of construction for the 

14 Department Headquarters Consolidation project with15 in the National Capital Region to— 

16 (A) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; and 

18 (B) the Committee on Homeland Security of 

19 the House of Representatives. 

20 (2) SUBSEQUENT REPORTS.—Not later than 60 

21 days after final appropriations are provided for each 

22 of the fiscal years that the project is funded starting 

23 with fiscal year 2012, the Secretary, in consultation 

24 with the Administrator of General Services, shall submstockstill on DSK4VPTVN1PROD with 

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1 mit an updated report to the committees described 

2 under paragraph (1). 

3 (3) CONTENTS.—The reports submitted under 

4 this subsection shall— 

5 (A) include the full costs for the facility to 

6 be operational, including information technology 

7 costs; 

8 (B) include the amount of all funding ex9 pended or obligated by the Department or the 

10 General Services Administration on the project 

11 for the most recent fiscal year and each of the 

12 preceding fiscal years; 

13 (C) include fiscal implications for the delay 

14 of the project; and 

15 (D) provide estimated cost avoidances as 

16 calculated by the most recent completion schedule 

17 and for each previous completion schedule. 

18 SEC. 212. FUTURE YEARS HOMELAND SECURITY PROGRAM. 

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

20 (6 U.S.C. 454(a)) is amended by inserting ‘‘but in any 

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

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

23 time,’’. 

24 SEC. 213. COUNTERING HOMEGROWN TERRORISM. 

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

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1 (1) The Final Report of the National Commis2 sion on Terrorist Attacks Upon the United States 

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

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

5 strategy must match our means to two ends: disman6 tling the al Qaeda network and prevailing in the 

7 longer term over the ideology that gives rise to 

8 Islamist terrorism.’’. 

9 (2) The President released a document in August 

10 2011, entitled ‘‘Empowering Local Partners to Pre11 vent Violent Extremism in the United States’’, which 

12 set forth a framework for countering violent extre13 mism in the United States. 

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

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

16 shall designate an official of the Department to coordinate 

17 efforts to counter violent extremism in the United States, 

18 including the ideology that gives rise to Islamist terrorism 

19 as identified in the 9/11 Commission Report. 

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

21 which the Secretary designates an official under subsection 

22 (b), the Secretary shall submit to the Committee on Home23 land Security and Governmental Affairs of the Senate and 

24 the Committee on Homeland Security of the House of Rep25 resentatives a written notification of the designation. 

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

2 on which the Secretary designates an official under sub3 section (b), the official designated shall submit to the Com4 mittee on Homeland Security and Governmental Affairs of 

5 the Senate and the Committee on Homeland Security of the 

6 House of Representatives a report detailing— 

7 (1) the strategy and activities of the Department 

8 to counter violent extremism in the United States, in9 cluding the ideology that gives rise to Islamist ter10 rorism as identified in the 9/11 Commission Report; 

11 (2) which offices of the Department have signifi12 cant responsibilities for countering violent extremism 

13 in the United States, including the ideology that gives 

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

15 Commission Report; 

16 (3) the number of employees of the Department 

17 whose time is fully or partially dedicated and the 

18 amount of funding dedicated by the Department to 

19 countering violent extremism in the United States, 

20 including the ideology that gives rise to Islamist ter21 rorism as identified in the 9/11 Commission Report; 

22 (4) the type of Department-sponsored activities 

23 and training for States and local governments, in24 cluding products and activities associated with State 

25 and major urban area fusion centers, for countering 

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1 violent extremism in the United States, including the 

2 ideology that gives rise to Islamist terrorism as iden3 tified in the 9/11 Commission Report; 

4 (5) the metrics used to measure the effectiveness 

5 of programs or activities of the Department or spon6 sored by the Department aimed to counter violent ex7 tremism in the United States, including the ideology 

8 that gives rise to Islamist terrorism as identified in 

9 the 9/11 Commission Report; and 

10 (6) the work of the Department to ensure that its 

11 activities to counter violent extremism in the United 

12 States, including the ideology that gives rise to 

13 Islamist terrorism as identified in the 9/11 Commis14 sion report, are in compliance with civil rights and 

15 civil liberties under applicable law. 

16 SEC. 214. OFFICE OF CARGO SECURITY POLICY. 

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

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

19 (b) TRANSFER OF FUNCTIONS.—All functions and re20 sponsibilities of the Office of Cargo Security Policy, as of 

21 the day before the date of enactment of this Act, shall be 

22 transferred to appropriate officials within the Office of Pol23 icy. 

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1 SEC. 215. REPORTS ON EMERGENCY COMMUNICATIONS 

2 AND INTEROPERABILITY FUNCTIONS. 

3 (a) REPORT BY SECRETARY.—Not later than 90 days 

4 after the date of enactment of this Act, the Secretary shall 

5 submit to the Committee on Homeland Security and Gov6 ernmental Affairs of the Senate and the Committee on 

7 Homeland Security of the House of Representatives and the 

8 Government Accountability Office a report reviewing all of9 fices of the Department responsible for emergency commu10 nications and interoperability functions. 

11 (b) REPORT BY GOVERNMENT ACCOUNTABILITY OF12 FICE.—Not later than 90 days after the date on which the 

13 Government Accountability Office receives the report sub14 mitted under subsection (a), the Government Accountability 

15 Office shall— 

16 (1) review the report submitted by the Secretary; 

17 and 

18 (2) submit to the Committee on Homeland Secu19 rity and Governmental Affairs of the Senate and the 

20 Committee on Homeland Security of the House of 

21 Representatives a report on the potential consolida22 tion or partial consolidation of the emergency com23 munication programs. 

24 SEC. 216. TECHNICAL AND CONFORMING AMENDMENTS. 

25 (a) HOMELAND SECURITY ACT OF 2002.— 

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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 Bor5 der and Transportation Security’’ and inserting 

6 ‘‘Commissioner, Customs and Border Protec7 tion’’; 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 Transpor11 tation Security’’ and inserting ‘‘Under Sec12 retary 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 amended— 

17 (A) by amending the title heading to read 

18 as follows: 

19 ‘‘TITLE IV—BORDER AND 

20 TRANSPORTATION SECURITY’’; 

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

22 heading to read as follows: 

23 ‘‘Subtitle A—Border and 

24 Transportation Security’’; 

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

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1 (D) in section 402 (6 U.S.C. 202)— 

2 (i) in the section heading, by striking 

3 ‘‘RESPONSIBILITIES’’ by inserting ‘‘BOR4 DER AND TRANSPORTATION RESPON5 SIBILITIES’’; and 

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

7 Under Secretary for Border and Transpor8 tation Security,’’; 

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

10 striking ‘‘Under Secretary for Border and 

11 Transportation Security’’ and inserting ‘‘Sec12 retary’’; 

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

14 striking ‘‘Under Secretary for Border Transpor15 tation and Security’’ and inserting ‘‘Secretary’’; 

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

17 (i) in the section heading, by striking 

18 ‘‘TO UNDER SECRETARY FOR BORDER

19 AND TRANSPORTATION SECURITY’’; 

20 and 

21 (ii) by striking ‘‘Under Secretary for 

22 Border and Transportation Security’’ and 

23 inserting ‘‘Secretary’’; 

24 (H) in section 442 (6 U.S.C. 252)— 

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1 (i) by amending the section heading to 

2 read as follows: 

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

4 ENFORCEMENT.’’; 

5 (ii) in subsection (a)— 

6 (I) in the subsection heading, by 

7 striking ‘‘ESTABLISHMENT OF BU8 REAU’’ and inserting ‘‘U.S. IMMIGRA9 TION AND CUSTOMS ENFORCEMENT’’; 

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

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

12 of Border Security’.’’ and inserting 

13 ‘‘an agency to be known as ‘U.S. Im14 migration and Customs Enforce15 ment’.’’; 

16 (III) by amending paragraph (2) 

17 to read as follows: 

18 ‘‘(2) ASSISTANT SECRETARY.—The head of U.S. 

19 Immigration and Customs Enforcement shall be the 

20 Assistant Secretary of U.S. Immigration and Cus21 toms Enforcement, who— 

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

23 U.S. Immigration and Customs Enforcement; 

24 and 

25 ‘‘(B) shall have a minimum of— 

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1 ‘‘(i) 5 years of professional experience 

2 in law enforcement; and 

3 ‘‘(ii) 5 years of management experi4 ence.’’; 

5 (IV) in paragraph (3)— 

6 (aa) in the matter preceding 

7 subparagraph (A), by striking 

8 ‘‘the Bureau of Border Security’’ 

9 and inserting ‘‘U.S. Immigration 

10 and Customs Enforcement’’; 

11 (bb) in subparagraph (A)— 

12 (AA) by striking 

13 ‘‘Under Secretary for Border 

14 and Transportation Secu15 rity’’ each place such term 

16 appears and inserting ‘‘Sec17 retary’’; and 

18 (BB) by inserting ‘‘of 

19 U.S. Immigration and Cus20 toms Enforcement’’ after 

21 ‘‘Assistant Secretary’’ each 

22 place such term appears; and 

23 (cc) in subparagraph (C)— 

24 (AA) by striking 

25 ‘‘Under Secretary for Border 

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1 and Transportation Secu2 rity’’ and inserting ‘‘Under 

3 Secretary for Policy’’; 

4 (BB) by striking ‘‘the 

5 Bureau of Border Security’’ 

6 and inserting ‘‘U.S. Immi7 gration and Customs En8 forcement’’; and 

9 (CC) by striking ‘‘the 

10 Bureau of Citizenship and 

11 Immigration Services’’ and 

12 inserting ‘‘U.S. Citizenship 

13 and Immigration Services’’; 

14 (V) in paragraph (4)— 

15 (aa) by striking ‘‘the Bureau 

16 of Border Security’’ and inserting 

17 ‘‘U.S. Immigration and Customs 

18 Enforcement’’; and 

19 (bb) by striking ‘‘the Bu20 reau’’ and inserting ‘‘U.S. Immi21 gration and Customs Enforce22 ment’’; and 

23 (VI) in paragraph (5)(A)— 

24 (aa) by striking ‘‘the Bureau 

25 of Border Security’’ and inserting 

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1 ‘‘U.S. Immigration and Customs 

2 Enforcement’’; and 

3 (bb) by striking ‘‘such bu4 reau’’ each place such term ap5 pears and inserting ‘‘U.S. Immi6 gration and Customs Enforce7 ment’’; 

8 (iii) in subsection (b)— 

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

10 ‘‘the Bureau of Border Security’’ and 

11 inserting ‘‘U.S. Immigration and Cus12 toms Enforcement’’; and 

13 (II) in paragraph (2)— 

14 (aa) in the matter preceding 

15 subparagraph (A), by striking 

16 ‘‘Bureau of Border Security’’ and 

17 inserting ‘‘U.S. Immigration and 

18 Customs Enforcement’’; and 

19 (bb) in subparagraph (B), by 

20 striking ‘‘the Bureau of Citizen21 ship and Immigration Services 

22 (established under subtitle E)’’ 

23 and inserting ‘‘U.S. Citizenship 

24 and Immigration Services’’; and 

25 (iv) in subsection (c)— 

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1 (I) by striking ‘‘the Bureau of 

2 Border Security’’ each place such term 

3 appears and inserting ‘‘U.S. Immigra4 tion and Customs Enforcement’’; and 

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

6 inserting ‘‘U.S. Immigration and Cus7 toms Enforcement’’; 

8 (I) in section 443 (6 U.S.C. 253)— 

9 (i) by striking ‘‘The Under Secretary 

10 for Border and Transportation Security’’ 

11 and inserting ‘‘The Secretary’’; and 

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

13 Security’’ each place such term appears and 

14 inserting ‘‘U.S. Immigration and Customs 

15 Enforcement’’; 

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

17 (i) by striking ‘‘The Under Secretary 

18 for Border and Transportation Security’’ 

19 and inserting ‘‘The Secretary’’; 

20 (ii) by striking ‘‘pursuant to policies 

21 and procedures applicable to employees of 

22 the Federal Bureau of Investigation,’’; and 

23 (iii) by striking ‘‘the Bureau of Border 

24 Security’’ and inserting ‘‘U.S. Immigration 

25 and Customs Enforcement’’; 

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1 (K) by striking section 445 (6 U.S.C. 255); 

2 (L) in section 451 (6 U.S.C. 271)— 

3 (i) in the section heading, by striking 

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

5 (ii) in subsection (a)— 

6 (I) in the subsection heading, by 

7 striking ‘‘OF BUREAU’’; 

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

9 ‘‘a bureau to be known as the Bureau 

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

11 known as U.S.’’; 

12 (III) in paragraph (2)— 

13 (aa) by striking ‘‘the Bureau 

14 of Citizenship and Immigration 

15 Services’’ each place such term 

16 appears and inserting ‘‘U.S. Citi17 zenship and Immigration Serv18 ices’’; and 

19 (bb) by striking ‘‘the Bureau 

20 of Border Security’’ and inserting 

21 ‘‘U.S. Immigration and Customs 

22 Enforcement’’; 

23 (IV) in paragraph (3)— 

24 (aa) by striking ‘‘the Bureau 

25 of Citizenship and Immigration 

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1 Services’’ each place such term 

2 appears and inserting ‘‘U.S. Citi3 zenship and Immigration Serv4 ices’’; and 

5 (bb) by striking ‘‘the Bureau 

6 of Border Security of the Depart7 ment’’ and inserting ‘‘U.S. Immi8 gration and Customs Enforce9 ment’’; 

10 (V) in paragraph (4)(A)— 

11 (aa) by striking ‘‘the Bureau 

12 of’’ and inserting ‘‘U.S.’’; and 

13 (bb) by striking ‘‘such bu14 reau’’ each place such term ap15 pears and inserting ‘‘U.S. Citi16 zenship and Immigration Serv17 ices’’; and 

18 (VI) in paragraph (5), by striking 

19 ‘‘the Bureau of’’ and inserting ‘‘U.S.’’; 

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

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

22 (iv) in subsection (c)— 

23 (I) by striking ‘‘the Bureau of’’ 

24 each place such term appears and in25 serting ‘‘U.S.’’; and 

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1 (II) in paragraph (2)— 

2 (aa) in the matter preceding 

3 subparagraph (A), by striking 

4 ‘‘Bureau of’’ and inserting 

5 ‘‘U.S.’’; and 

6 (bb) in subparagraph (B), by 

7 striking ‘‘Border Security of the 

8 Department’’ and inserting ‘‘Im9 migration and Customs Enforce10 ment’’; 

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

12 Bureau of’’ each place such term appears 

13 and inserting ‘‘U.S.’’; 

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

15 Bureau of’’ each place such term appears 

16 and inserting ‘‘U.S.’’; and 

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

18 Bureau of’’ each place such term appears 

19 and inserting ‘‘U.S.’’; 

20 (M) in section 452 (6 U.S.C. 272)— 

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

22 place such term appears and inserting 

23 ‘‘U.S.’’; and 

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1 (ii) in the heading to subsection (f), by 

2 striking ‘‘BUREAU OF’’ and inserting 

3 ‘‘U.S.’’; 

4 (N) in section 453 (6 U.S.C. 273)— 

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

6 place such term appears and inserting 

7 ‘‘U.S.’’; and 

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

9 ‘‘such bureau’’ and inserting ‘‘U.S. Citizen10 ship and Immigration Services’’; 

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

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

13 place such term appears and inserting 

14 ‘‘U.S.’’; and 

15 (ii) by striking ‘‘pursuant to policies 

16 and procedures applicable to employees of 

17 the Federal Bureau of Investigation,’’; 

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

19 note); 

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

21 275) as section 455; 

22 (R) in section 455, as redesignated— 

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

24 place such term appears and inserting 

25 ‘‘U.S.’’; and 

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1 (ii) by striking ‘‘the effective date spec2 ified in section 455’’ each place such term 

3 appears and inserting ‘‘the date on which 

4 the functions specified under section 441 

5 were transferred’’; 

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

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

8 (T) by redesignating sections 461 and 462 

9 as sections 456 and 457, respectively; 

10 (U) by striking section 471 (6 U.S.C. 291); 

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

12 (i) in subsection (a)(2)— 

13 (I) in subparagraph (B), by strik14 ing ‘‘the Bureau of Border Security of 

15 the Department of Homeland Secu16 rity’’ and inserting ‘‘U.S. Immigration 

17 and Customs Enforcement’’; and 

18 (II) in subparagraph (C), by 

19 striking ‘‘the Bureau of Citizenship 

20 and Immigration Services of the De21 partment of Homeland Security’’ and 

22 inserting ‘‘U.S. Citizenship and Immi23 gration Services’’; and 

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

2 the Under Secretary for Border and Trans3 portation Security’’; 

4 (W) in section 474 (6 U.S.C. 294), by strik5 ing ‘‘the Bureau of Border Security and the Bu6 reau of’’ and inserting ‘‘U.S. Immigration and 

7 Customs Enforcement and U.S.’’; 

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

9 striking ‘‘the Bureau of Border Security and the 

10 Bureau of’’ and inserting ‘‘U.S. Immigration 

11 and Customs Enforcement and U.S.’’; 

12 (Y) in section 476 (6 U.S.C. 296), by strik13 ing ‘‘the Bureau of Citizenship and Immigration 

14 Services and the Bureau of Border Security’’ 

15 each place it appears and inserting ‘‘U.S. Citi16 zenship and Immigration Services and U.S. Im17 migration and Customs Enforcement’’; and 

18 (Z) in section 477 (6 U.S.C. 297)— 

19 (i) by striking ‘‘the Bureau of Citizen20 ship and Immigration Services and the Bu21 reau of Border Security’’ each place it ap22 pears and inserting ‘‘U.S. Citizenship and 

23 Immigration Services and U.S. Immigra24 tion and Customs Enforcement’’; and 

25 (ii) by striking subsections (c) and (d). 

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

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

3 341(b)(1)(A)) is amended by striking ‘‘the Bureau of 

4 Border Security and the Bureau of Citizenship and 

5 Immigration Services’’ and inserting ‘‘U.S. Immigra6 tion and Customs Enforcement and U.S. Citizenship 

7 and Immigration Services’’. 

8 (4) TABLE OF CONTENTS.—The table of contents 

9 in section 1(b) of the Homeland Security Act of 2002 

10 (6 U.S.C. 101 et seq.) is amended— 

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

12 and inserting the following: 

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

13 (B) by striking the item relating to subtitle 

14 A of title IV and inserting the following: 

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

15 (C) by striking the items relating to sections 

16 401, 445, 455, 459, 460, and 471; 

17 (D) by striking the items relating to section 

18 441 and 442 and inserting the following: 

‘‘441. Transfer of functions. 

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

19 (E) by striking the items relating to sections 

20 456, 461, and 462 and inserting the following: 

‘‘455. Transition. 

‘‘456. Application of internet-based technologies. 

‘‘457. Children’s affairs.’’. 

21 (5) OTHER LAWS.— 

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1 (A) VULNERABILITY AND THREAT ASSESS2 MENT.—Section 301 of the REAL ID Act of 

3 2005 (8 U.S.C. 1778) is amended— 

4 (i) in subsection (a)— 

5 (I) in the first sentence, by strik6 ing ‘‘Under Secretary of Homeland Se7 curity for Border and Transportation 

8 Security’’ and inserting ‘‘Secretary of 

9 Homeland Security’’; and 

10 (II) in the second sentence, by 

11 striking ‘‘Under’’; 

12 (ii) in subsection (b)— 

13 (I) by striking ‘‘Under’’; and 

14 (II) by striking ‘‘Under Sec15 retary’s findings and conclusions’’ and 

16 inserting ‘‘Secretary’s findings and 

17 conclusions’’; and 

18 (iii) in subsection (c), by striking ‘‘Di19 rectorate of Border and Transportation Se20 curity’’. 

21 (B) AIR CHARTER PROGRAM.—Section 

22 44903(l)(1) of title 49, United States Code, is 

23 amended by striking ‘‘Under Secretary for Bor24 der and Transportation Security of the Depart25 ment of’’ and inserting ‘‘Secretary of’’. 

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1 (C) BASIC SECURITY TRAINING.—Section 

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

3 amended by striking ‘‘Under Secretary for Bor4 der and Transportation Security of the Depart5 ment of’’ and inserting ‘‘Secretary of’’. 

6 (D) AIRPORT SECURITY IMPROVEMENT

7 PROJECTS.—Section 44923 of title 49, United 

8 States Code, is amended— 

9 (i) in subsection (a), in the matter pre10 ceding paragraph (1), by striking ‘‘Under 

11 Secretary for Border and Transportation 

12 Security of the Department of’’ and insert13 ing ‘‘Secretary of’’; 

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

15 each place it appears and inserting ‘‘Sec16 retary of Homeland Security’’; and 

17 (iii) in subsection (d)(3), in the para18 graph heading, by striking ‘‘UNDER’’. 

19 (E) REPAIR STATION SECURITY.—Section 

20 44924 of title 49, United States Code, is amend21 ed— 

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

23 ‘‘Under Secretary for Border and Transpor24 tation Security of the Department of’’ and 

25 inserting ‘‘Secretary of’’; and 

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

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

4 (F) CERTIFICATE ACTIONS IN RESPONSE TO

5 A SECURITY THREAT.—Section 46111 of title 49, 

6 United States Code, is amended— 

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

8 ‘‘Under Secretary for Border and Transpor9 tation Security of the Department of’’ and 

10 inserting ‘‘Secretary of’’; and 

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

12 each place it appears and inserting ‘‘Sec13 retary of Homeland Security’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents in 

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

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

17 item relating to section 837 the following new item: 

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

18 TITLE III—INFRASTRUCTURE 

19 PROTECTION AND RESILIENCE 

20 SEC. 301. INFRASTRUCTURE PROTECTION AND RESILIENCE 

21 DIRECTORATE. 

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

23 2002 (6 U.S.C. 101 et seq.) is amended— 

24 (1) in section 103(a)(8) (6 U.S.C. 113), by strik25 ing ‘‘Secretary’’ and all that follows and inserting 

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1 ‘‘Secretary for Infrastructure Protection and Resil2 ience.’’; and 

3 (2) in section 201 (6 U.S.C. 121)— 

4 (A) in the section heading, by striking ‘‘IN5 FORMATION’’ and all that follows and inserting 

6 ‘‘INTELLIGENCE AND ANALYSIS’’; 

7 (B) in subsection (a)— 

8 (i) in the subsection heading, by strik9 ing ‘‘AND INFRASTRUCTURE PROTECTION’’; 

10 and 

11 (ii) by striking ‘‘and an Office of In12 frastructure Protection’’; 

13 (C) in subsection (b)— 

14 (i) in the subsection heading, by strik15 ing ‘‘AND ASSISTANT SECRETARY FOR IN16 FRASTRUCTURE PROTECTION’’; and 

17 (ii) by striking paragraph (3); 

18 (D) in subsection (c)— 

19 (i) by striking ‘‘and infrastructure 

20 protection’’; and 

21 (ii) by striking ‘‘or the Assistant Sec22 retary for Infrastructure Protection, as ap23 propriate’’; 

24 (E) in subsection (d)— 

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1 (i) in the subsection heading, by strik2 ing ‘‘AND INFRASTRUCTURE PROTECTION’’; 

3 (ii) in the matter preceding paragraph 

4 (1), by striking ‘‘and infrastructure protec5 tion’’; 

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

7 (6), and (25); 

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

9 preceding subparagraph (A), by inserting ‘‘, 

10 in coordination with the Office of Infra11 structure Protection,’’ after ‘‘To integrate’’; 

12 (v) by redesignating paragraphs (3) 

13 and (4) as paragraphs (2) and (3), respec14 tively; and 

15 (vi) by redesignating paragraphs (7) 

16 through (24) as paragraphs (4) through 

17 (21), respectively; and 

18 (F) in subsection (g), in the matter pre19 ceding paragraph (1), by striking ‘‘under this 

20 section’’. 

21 (b) INFRASTRUCTURE PROTECTION AND RESILIENCE

22 DIRECTORATE.— 

23 (1) IN GENERAL.—Title II of the Homeland Se24 curity Act of 2002 (6 U.S.C. 121 et seq.) is amended 

25 by adding at the end the following: 

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1 ‘‘Subtitle E—Infrastructure Protec2 tion and Resilience Directorate 

3 ‘‘SEC. 241. INFRASTRUCTURE PROTECTION AND RESIL4 IENCE DIRECTORATE. 

5 ‘‘(a) IN GENERAL.—There is established in the Depart6 ment, an Infrastructure Protection and Resilience Direc7 torate. 

8 ‘‘(b) UNDER SECRETARY FOR INFRASTRUCTURE PRO9 TECTION AND RESILIENCE.—The Infrastructure Protection 

10 and Resilience Directorate shall be headed by the Under 

11 Secretary for Infrastructure Protection and Resilience. 

12 ‘‘(c) RESPONSIBILITIES.—The Under Secretary for In13 frastructure Protection and Resilience shall— 

14 ‘‘(1) coordinate critical infrastructure protection 

15 and resiliency activities within the Department; 

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

17 Federal Protective Service are rendered safe and se18 cure for Federal employees, contract employees, offi19 cers, and visitors; and 

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

21 may prescribe. 

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

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

24 Infrastructure Protection and Resilience Directorate 

25 an Office of Infrastructure Protection. 

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1 ‘‘(2) ASSISTANT SECRETARY FOR INFRASTRUC2 TURE PROTECTION.—The Office of Infrastructure Pro3 tection shall be headed by the Assistant Secretary for 

4 Infrastructure Protection, who shall be appointed by 

5 the President. 

6 ‘‘(3) RESPONSIBILITIES.—The Assistant Sec7 retary for Infrastructure Protection shall— 

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

9 plan for the protection, security, resiliency, and 

10 postdisaster restoration of critical infrastructure 

11 and key resources of the United States against or 

12 in the event of an act of terrorism, natural dis13 aster, or other manmade disaster, in coordina14 tion with other agencies of the Federal Govern15 ment and in cooperation with State and local 

16 government agencies and authorities, the private 

17 sector, and other entities; 

18 ‘‘(B) carry out comprehensive assessments of 

19 the vulnerabilities of the key resources and crit20 ical infrastructure of the United States, includ21 ing the performance of risk assessments to deter22 mine the risks posed by particular types of ter23 rorist attacks within the United States (includ24 ing an assessment of the probability of success of 

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1 the attacks and the feasibility and potential effi2 cacy of various countermeasures to the attacks); 

3 ‘‘(C) integrate, in coordination with the Of4 fice of Intelligence and Analysis, relevant infor5 mation, analyses, and vulnerability assessments 

6 of critical infrastructure and key resources of the 

7 United States (whether such information, anal8 yses, or assessments are provided or produced by 

9 the Department or others) in order to identify 

10 priorities for protective and support measures by 

11 the Department, other agencies of the Federal 

12 Government, State, and local government agen13 cies; 

14 ‘‘(D) develop a comprehensive national plan 

15 for securing the key resources and critical infra16 structure of the United States, including power 

17 production, generation, and distribution systems, 

18 information technology, and telecommunications 

19 systems (including satellites), electronic financial 

20 and property record storage and transmission 

21 systems, emergency preparedness communica22 tions systems, and the physical and technological 

23 assets that support such systems; 

24 ‘‘(E) recommend measures necessary to pro25 tect the key resources and critical infrastructure 

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1 of the United States in coordination with other 

2 agencies of the Federal Government and in co3 operation with State and local government agen4 cies and authorities, the private sector, and other 

5 entities; 

6 ‘‘(F) for each sector identified in the Na7 tional Infrastructure Protection Plan, prepare 

8 and submit to the Committee on Homeland Se9 curity and Governmental Affairs of the Senate 

10 and the Committee on Homeland Security of the 

11 House of Representatives, and to other appro12 priate congressional committees having jurisdic13 tion over the critical infrastructure or key re14 sources, a report on the comprehensive assess15 ments carried out by the Secretary of the critical 

16 infrastructure and key resources of the United 

17 States, evaluating threat, vulnerability, and con18 sequence, as required under this subsection, 

19 which— 

20 ‘‘(i) shall contain, if applicable, ac21 tions or countermeasures recommended or 

22 taken by the Secretary or the head of an23 other Federal agency to address issues iden24 tified in the assessments; and 

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

2 the start of the third fiscal year beginning 

3 after the date of enactment of this subtitle, 

4 and every 4 years thereafter; 

5 ‘‘(G) coordinate the identification and miti6 gation of risks associated with assets and systems 

7 located outside the United States, which, if dis8 rupted or destroyed, would critically affect the 

9 public health and safety, economy, or national 

10 security of the United States; and 

11 ‘‘(H) perform such other duties as the Sec12 retary may prescribe.’’. 

13 (2) CONTINUATION IN OFFICE.—The individual 

14 serving as Under Secretary for National Protection 

15 and Programs on the day before the date of enactment 

16 of this Act, may serve as the Under Secretary for In17 frastructure Protection and Resilience until the date 

18 on which an appointment to the position of Under 

19 Secretary for Infrastructure Protection and Resilience 

20 is made under section 103(a)(8) of the Homeland Se21 curity Act of 2002, as amended by this Act. 

22 (3) TECHNICAL AND CONFORMING AMEND23 MENT.—The table of contents in section 1(b) of the 

24 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 

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1 is amended by inserting after the item relating to sec2 tion 235 the following: 

‘‘Subtitle E—Infrastructure Protection and Resilience Directorate 

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

3 SEC. 302. FEDERAL PROTECTIVE SERVICE. 

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

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

6 301, is amended by adding at the end the following: 

7 ‘‘Subtitle F—Federal Protective 

8 Service 

9 ‘‘SEC. 251. FEDERAL PROTECTIVE SERVICE. 

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

11 the Department the Federal Protective Service, which shall 

12 be headed by a Director, who shall report to the Under Sec13 retary for Infrastructure Protection and Resilience. 

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

15 Secretary may assess and collect fees and security charges 

16 for the costs of providing protective service. 

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

18 paid under this section shall be deposited in the appropria19 tions account under the heading ‘FEDERAL PROTECTIVE

20 SERVICE’ under the heading ‘NATIONAL PROTECTION AND

21 PROGRAMS DIRECTORATE’ of the Department. 

22 ‘‘(d) ADJUSTMENT OF FEES.—The Director of the Of23 fice of Management and Budget shall adjust fees as nec24 essary to carry out this section.’’. 

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1 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

2 table of contents in section 1(b) of the Homeland Security 

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

4 after the item relating to section 241, as added by section 

5 301 the following: 

‘‘Subtitle F—Federal Protective Service 

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

6 TITLE IV—PREPAREDNESS, 

7 RESPONSE, AND RECOVERY 

8 SEC. 401. CATASTROPHIC INCIDENT PLANNING. 

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

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

11 amended— 

12 (1) by redesignating paragraphs (5) through (16) 

13 as paragraphs (6) through (17), respectively; and 

14 (2) by inserting after paragraph (4) the fol15 lowing: 

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

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

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

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

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

21 amended— 

22 (1) by redesignating subsections (b), (c), (d), and 

23 (e), as subsections (e), (f), (g), and (h), respectively; 

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1 (2) by redesignating subsection (a) as subsection 

2 (c); 

3 (3) by inserting before subsection (c), as redesig4 nated, 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 prepared10 ness system, the President shall ensure that there are com11 prehensive plans to prevent, prepare for, protect against, 

12 respond to, and recover from natural disasters, acts of ter13 rorism, and other man-made disasters, including cata14 strophic incidents, throughout the Federal Government.’’; 

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

16 (A) by redesignating paragraphs (4) and 

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

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

19 following: 

20 ‘‘(4) conducts catastrophic incident planning as 

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

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

23 inserting ‘‘, including for catastrophic inci24 dents,’’ after ‘‘operational plans’’; 

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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 inci10 dent planning to address prioritized catastrophic 

11 risks; and 

12 ‘‘(3) review plans for catastrophic incidents de13 veloped by Federal agencies to ensure the effectiveness 

14 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 incidents, 

19 including whether the number, skills, and train20 ing of the available workforce is sufficient to im21 plement the plans; and 

22 ‘‘(C) plans for catastrophic incidents reflect 

23 coordination with governmental and nongovern24 mental entities that would play a significant 

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1 role in the response to the catastrophic inci2 dent.’’; 

3 (6) in subsection (e), as redesignated, by striking 

4 ‘‘subsection (a)(4)’’ and inserting ‘‘subsection (c)(5)’’; 

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 Home11 land Security Act of 2002 (6 U.S.C. 311 et seq.) is amended 

12 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 senior 

19 official within the Agency who shall be responsible for cata20 strophic 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 critical 

25 infrastructure sectors; 

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1 ‘‘(2) leading the efforts of the Department to con2 duct catastrophic incident planning to address risks 

3 in the areas of responsibility of the Department; 

4 ‘‘(3) leading, promoting, and coordinating efforts 

5 of Federal agencies to conduct catastrophic incident 

6 planning to address risks, including by assisting in 

7 the assessing and reviewing of plans of Federal agen8 cies for catastrophic incidents and plans of private 

9 sector entities for catastrophic incidents submitted to 

10 the Federal agencies; 

11 ‘‘(4) developing communications plans and 

12 prescripted messages and message templates in ac13 cordance with section 530; 

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

15 tribal governments in developing plans for cata16 strophic incidents; 

17 ‘‘(6) promoting and supporting appropriate cat18 astrophic incident planning by private sector entities, 

19 including private sector entities that own or manage 

20 critical infrastructure; and 

21 ‘‘(7) otherwise assisting in the implementation of 

22 section 653 of the Post-Katrina Emergency Manage23 ment Reform Act of 2006 (6 U.S.C. 753).’’. 

24 (d) TECHNICAL AND CONFORMING AMENDMENT.—The 

25 table of contents in section 1(b) of the Homeland Security 

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

2 after the item relating to section 525 the following: 

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

3 SEC. 402. PREPAREDNESS OF INDIVIDUALS AND COMMU4 NITIES. 

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 

7 401, is amended by adding at the end the following: 

8 ‘‘SEC. 527. PREPAREDNESS OF INDIVIDUALS AND COMMU9 NITIES. 

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

11 and promote the preparedness of individuals and commu12 nities for natural disasters, acts of terrorism, and other 

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

14 tribal governments and private sector and nongovernmental 

15 organizations in these efforts. 

16 ‘‘(b) LEAD OFFICIAL.—The Administrator shall ap17 point a senior official within the Department to coordinate 

18 and oversee the activities of the Agency to enhance and pro19 mote the preparedness of individuals and communities for 

20 natural disasters, acts of terrorism, and other man-made 

21 disasters.’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

23 table of contents in section 1(b) of the Homeland Security 

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

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1 after the item relating to section 526, as added by section 

2 401, the following: 

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

3 SEC. 403. FEDERAL RESPONSE AND RECOVERY PREPARED4 NESS OFFICIALS. 

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

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

7 (1) in section 501 (6 U.S.C. 311)— 

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

9 502(a)(6)’’ and inserting ‘‘section 504(a)(6)’’; 

10 (B) by redesignating paragraphs (9) 

11 through (14) as paragraphs (10) through (15), 

12 respectively; and 

13 (C) by inserting after paragraph (8) the fol14 lowing: 

15 ‘‘(9) the term ‘recovery’ means the short- and 

16 long-term process of restoring, reshaping, and enhanc17 ing the resiliency of the physical, social, economic, 

18 and natural environments, government institutions, 

19 and the lives of affected individuals.’’; and 

20 (2) by adding after section 527, as added by sec21 tion 402 of this Act, the following: 

22 ‘‘SEC. 528. FEDERAL RESPONSE AND RECOVERY PREPARED23 NESS OFFICIALS. 

24 ‘‘(a) IN GENERAL.—The Administrator shall ensure 

25 the preparedness of Federal agencies to respond to and supmstockstill on DSK4VPTVN1PROD with 

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1 port recovery from a natural disaster, act of terrorism, or 

2 other man-made disaster by— 

3 ‘‘(1) ensuring the development of and prepared4 ness of the Agency to implement the National Re5 sponse Framework and the National Disaster Recov6 ery Framework; 

7 ‘‘(2) ensuring Federal agencies with responsibil8 ities under the National Response Framework and the 

9 National Disaster Recovery Framework are prepared 

10 to fulfill those responsibilities, including having ap11 propriate staffing and training; and 

12 ‘‘(3) unless a major disaster is a catastrophic in13 cident relating to which the President has established 

14 a Commission under section 327 of the Robert T. 

15 Stafford Disaster Relief and Emergency Assistance 

16 Act, resolving disagreements relating to response to 

17 and recovery from major disasters between Federal 

18 agencies with responsibilities under the National Dis19 aster Recovery Framework, including disagreements 

20 relating to a particular major disaster and disagree21 ments that arise before a major disaster is declared. 

22 ‘‘(b) DISASTER RESPONSE AND RECOVERY OFFI23 CIALS.—The head of each Federal agency with major re24 sponsibilities under the National Response Framework or 

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1 the National Disaster Recovery Framework, as determined 

2 by the Administrator, shall designate a senior official to— 

3 ‘‘(1) ensure the Federal agency is prepared to 

4 execute its response and recovery responsibilities 

5 under such plans; and 

6 ‘‘(2) coordinate disaster response and recovery ef7 forts and activities with the Administrator.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

9 table of contents in section 1(b) of the Homeland Security 

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

11 after the item relating to section 527, as added by section 

12 402, the following: 

‘‘Sec. 528. Federal response and recovery preparedness officials.’’. 

13 SEC. 404. RECOVERY. 

14 (a) DEFINITION OF MAJOR DISASTER.—Section 102 of 

15 the Robert T. Stafford Disaster Relief and Emergency As16 sistance Act (42 U.S.C. 5122) is amended by striking para17 graph (2) and inserting the following: 

18 ‘‘(2) MAJOR DISASTER.—The term ‘major dis19 aster’ means any natural disaster (including a pan20 demic), act of terrorism, or other man-made disaster, 

21 in any part of the United States, which in the deter22 mination of the President causes damage of sufficient 

23 severity and magnitude to warrant major disaster as24 sistance under this Act to supplement the efforts and 

25 available resources of States, local governments, and 

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1 disaster relief organizations in alleviating the dam2 age, loss, hardship, or suffering caused thereby.’’. 

3 (b) OTHER DEFINITIONS.—Section 102 of the Robert 

4 T. Stafford Disaster Relief and Emergency Assistance Act 

5 (42 U.S.C. 5122) is amended by adding at the end the fol6 lowing: 

7 ‘‘(11) RECOVERY.—The term ‘recovery’ has the 

8 meaning given that term in section 501 of the Home9 land Security Act of 2002 (6 U.S.C. 311). 

10 ‘‘(12) NATIONAL DISASTER RECOVERY FRAME11 WORK.—The term ‘National Disaster Recovery 

12 Framework’ means the National Disaster Recovery 

13 Framework developed under section 655 of the Post14 Katrina Emergency Management Reform Act of 2006. 

15 ‘‘(13) CATASTROPHIC INCIDENT.—The term ‘cat16 astrophic incident’ has the meaning given that term 

17 in section 501 of the Homeland Security Act of 2002 

18 (6 U.S.C. 311).’’. 

19 (c) RECOVERY EFFORTS.—Section 402 of the Robert 

20 T. Stafford Disaster Relief and Emergency Assistance Act 

21 (42 U.S.C. 5170a) is amended— 

22 (1) in paragraph (3)— 

23 (A) in subparagraph (D), by inserting 

24 ‘‘and’’ after ‘‘measures;’’; 

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1 (B) in subparagraph (E), by striking ‘‘and’’ 

2 at the end; and 

3 (C) by striking subparagraph (F); 

4 (2) in paragraph (4), by striking ‘‘and’’ at the 

5 end; 

6 (3) in paragraph (5)(B), by striking the period 

7 at the end and inserting ‘‘; and’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(6) assist State and local governments to re10 cover from a major disaster and coordinate Federal 

11 assistance for recovery from the major disaster by— 

12 ‘‘(A) identifying and coordinating Federal 

13 resources, programs, and agencies to support the 

14 implementation of recovery and mitigation ef15 forts of State and local governments; 

16 ‘‘(B) providing technical and other advice 

17 to State and local governments to manage, con18 trol, and mitigate hazards and risk to reduce 

19 damages from a subsequent major disaster; 

20 ‘‘(C) in the case of a catastrophic incident, 

21 establishing a Commission under section 327; 

22 and 

23 ‘‘(D) providing financial and technical as24 sistance and advice to State and local govern25 ments affected by a major disaster to— 

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1 ‘‘(i) assess the effects of the major dis2 aster; 

3 ‘‘(ii) support coordinated and com4 prehensive recovery planning; and 

5 ‘‘(iii) support and facilitate implemen6 tation of recovery plans and actions.’’. 

7 (d) RECOVERY FROM A CATASTROPHIC INCIDENT.— 

8 Title III of the Robert T. Stafford Disaster Relief and 

9 Emergency Assistance Act (42 U.S.C. 5141 et seq.) is 

10 amended by adding at the end the following: 

11 ‘‘SEC. 327. CATASTROPHIC INCIDENT RECOVERY COMMIS12 SIONS. 

13 ‘‘(a) DEFINITIONS.—In this section— 

14 ‘‘(1) the term ‘Administrator’ means the Admin15 istrator of the Federal Emergency Management Agen16 cy; 

17 ‘‘(2) the term ‘Chairperson’ means the Chair18 person of a Commission selected under subsection 

19 (b)(2); and 

20 ‘‘(3) the term ‘Commission’ means a commission 

21 established under subsection (b)(1). 

22 ‘‘(b) COMMISSION ESTABLISHMENT.— 

23 ‘‘(1) IN GENERAL.—Immediately following a cat24 astrophic incident, the President may establish a 

25 commission to facilitate and support States and local 

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1 governments in achieving an efficient, effective, and 

2 expeditious recovery from the catastrophic incident. 

3 ‘‘(2) CHAIRPERSON.—The President shall select 

4 an official to serve as the Chairperson of each Com5 mission to ensure the responsibilities of the Commis6 sion are fulfilled. The Chairperson shall have the au7 thority to direct any Federal agency to use the au8 thorities and resources granted to the Federal agency 

9 under Federal law in support of the efficient, effective, 

10 and expeditious recovery from the catastrophic inci11 dent. 

12 ‘‘(3) MEMBERS OF COMMISSIONS.—Each Com13 mission shall include as a member the Administrator, 

14 the head of each Federal agency with major respon15 sibilities under the National Disaster Recovery 

16 Framework, and the head of any other Federal agency 

17 that the President determines necessary. 

18 ‘‘(4) STAFFING.—The Administrator and the 

19 head of each Federal agency with responsibilities 

20 under the National Disaster Recovery Framework 

21 shall each detail to each Commission a sufficient 

22 number of senior officials with decisionmaking au23 thority and staff who shall serve full-time on the 

24 Commission to ensure efficient administration of the 

25 assistance provided by the Federal Government. 

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1 ‘‘(c) RESPONSIBILITIES OF A COMMISSION.—A Com2 mission shall— 

3 ‘‘(1) develop and implement a strategic plan 

4 under subsection (d) for the recovery from the cata5 strophic incident and to mitigate against the effects 

6 of and foster resilience against subsequent disasters; 

7 ‘‘(2) coordinate the activities of Federal agencies 

8 represented by the members of the Commission and 

9 other Federal agencies that the President determines 

10 necessary and resolve disagreements relating to recov11 ery from the catastrophic incident between or among 

12 Federal agencies; 

13 ‘‘(3) compile data relating to the recovery from 

14 the catastrophic incident, including on the Federal 

15 assistance provided and the status of meeting recovery 

16 goals; 

17 ‘‘(4) identify Federal regulations, policies, and 

18 procedures that need to be streamlined and coordi19 nated to enable an efficient, expeditious, and effective 

20 recovery from the catastrophic incident; 

21 ‘‘(5) identify and facilitate the provision of Fed22 eral funds to address gaps in the recovery from the 

23 catastrophic incident; 

24 ‘‘(6) coordinate with State and local governments 

25 on the recovery from the catastrophic incident; and 

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1 ‘‘(7) take actions to prevent waste, fraud, and 

2 abuse in the recovery from the catastrophic incident. 

3 ‘‘(d) STRATEGIC RECOVERY PLAN.— 

4 ‘‘(1) IN GENERAL.—Not later than 90 days after 

5 the date of a catastrophic incident, the Commission 

6 established for the catastrophic incident shall submit 

7 to the Committee on Homeland Security and Govern8 mental Affairs of the Senate and the Committee on 

9 Transportation and Infrastructure of the House of 

10 Representatives a strategic recovery plan for how the 

11 Federal Government will expeditiously assist State 

12 and local governments in the recovery of the area af13 fected by the catastrophic incident. 

14 ‘‘(2) CONTENTS.—Each strategic plan submitted 

15 under paragraph (1) shall be written in coordination 

16 with State and local governments affected by the cata17 strophic incident and shall include— 

18 ‘‘(A) an assessment of challenges and needs 

19 faced in the recovery from the catastrophic inci20 dent; 

21 ‘‘(B) a description of how each Federal 

22 agency will support State and local governments 

23 in the recovery efforts, including technical, fi24 nancial, and planning assistance, and the roles 

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1 and responsibilities of each Federal agency in 

2 fulfilling the strategic plan; 

3 ‘‘(C) a description of how each Federal 

4 agency on the Commission will administer and 

5 provide staffing to assist in the recovery from the 

6 catastrophic incident; 

7 ‘‘(D) a description of any procedures of a 

8 Federal agency that will be streamlined to help 

9 ensure an efficient and effective recovery from 

10 the catastrophic incident; and 

11 ‘‘(E) a description of any legislative author12 ity needed to help ensure an efficient, expedi13 tious, and effective recovery from the cata14 strophic incident. 

15 ‘‘(3) UPDATE.—Not later than 180 days after the 

16 date on which a Commission submits a strategic plan 

17 under paragraph (1), and every 180 days thereafter 

18 until the date on which the Commission terminates 

19 under subsection (e), the Commission shall submit to 

20 the Committee on Homeland Security and Govern21 mental Affairs of the Senate a report describing— 

22 ‘‘(A) progress in the recovery from the cata23 strophic incident since the date on which the 

24 most recent strategic plan or report relating to 

25 the catastrophic incident was submitted; and 

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1 ‘‘(B) major challenges and unmet needs re2 maining in the recovery from the catastrophic 

3 incident. 

4 ‘‘(e) TERMINATION.— 

5 ‘‘(1) IN GENERAL.—The President shall termi6 nate a Commission established in relation to a cata7 strophic incident when the President determines that 

8 all issues relating to the Federal coordination of the 

9 recovery have been substantially resolved. 

10 ‘‘(2) WITHDRAWAL.—Upon a determination by 

11 the President that the matters with which a Federal 

12 agency has been involved as part of a Commission 

13 have been substantially resolved, the Federal agency 

14 may withdraw from the Commission.’’. 

15 SEC. 405. ENHANCING RESPONSE AND RECOVERY OPER16 ATIONS AND PROGRAMS. 

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

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

19 403, is amended by adding at the end the following: 

20 ‘‘SEC. 529. ADMINISTRATION OF RESPONSE AND RECOVERY 

21 OPERATIONS AND PROGRAMS. 

22 ‘‘(a) DEFINITIONS.—In this section— 

23 ‘‘(1) the term ‘annuitant’ means an annuitant 

24 under a Government retirement system; 

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1 ‘‘(2) the terms ‘deployed’ and ‘deployment’ mean 

2 the performance of services under the response and re3 covery operations and programs of the Agency, in4 cluding exercises and training for such operations 

5 and programs; 

6 ‘‘(3) the term ‘Disaster Reserve Workforce’ means 

7 the Disaster Reserve Workforce established under sub8 section (b); 

9 ‘‘(4) the term ‘employee’ has the meaning given 

10 under section 2105 of title 5, United States Code; 

11 ‘‘(5) the term ‘employee designated for short term 

12 deployments’ means an employee hired under section 

13 306(b)(1) of the Robert T. Stafford Disaster Relief 

14 and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) 

15 designated only for short-term deployments; 

16 ‘‘(6) the term ‘Government retirement system’ 

17 means a retirement system established by law for em18 ployees of the Government of the United States; 

19 ‘‘(7) the term ‘major project’ means any project 

20 for which the total costs are greater than $400,000; 

21 ‘‘(8) the term ‘permanent seasonal employee’ 

22 means an employee, including an employee hired 

23 under section 306(b)(1) of the Robert T. Stafford Dis24 aster Relief and Emergency Assistance Act (42 U.S.C. 

25 5149(b)(1)), working under seasonal employment as 

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1 defined under section 340.401 of title 5 of the Code 

2 of Federal Regulations or any successor regulation; 

3 ‘‘(9) the term ‘reservist’ means an employee who 

4 is a member of the Disaster Reserve Workforce; 

5 ‘‘(10) the term ‘response and recovery operations 

6 and programs’ means response operations and pro7 grams and recovery operations and programs; 

8 ‘‘(11) the term ‘response operations and pro9 grams’ means operations and programs that involve 

10 taking immediate actions to save lives, protect prop11 erty or the environment, or meet basic human needs; 

12 ‘‘(12) the term ‘recovery operations and pro13 grams’ means operations and programs to support 

14 and enable recovery, as defined in section 501 of the 

15 Homeland Security Act of 2002; and 

16 ‘‘(13) the term ‘term employee’ means an em17 ployee, including an employee hired under section 

18 306(b)(1) of the Robert T. Stafford Disaster Relief 

19 and Emergency Assistance Act (42 U.S.C. 

20 5149(b)(1)), who is appointed to a term of 1 or more 

21 years. 

22 ‘‘(b) DISASTER RESERVE WORKFORCE.—In order to 

23 provide efficiency, continuity, quality, and accuracy in 

24 services performed under response and recovery operations 

25 and programs there is within the Agency a Disaster Reserve 

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1 Workforce, which shall be used to supplement the work of 

2 permanent full-time employees of the Agency on response 

3 and recovery operations and programs. 

4 ‘‘(c) PROVISION OF SERVICES PERFORMED UNDER

5 RESPONSE AND RECOVERY OPERATIONS AND PROGRAMS.— 

6 ‘‘(1) IN GENERAL.—The Administrator shall en7 sure that the Disaster Reserve Workforce can rapidly 

8 and efficiently deploy qualified, skilled, and trained 

9 reservists for a sufficiently long period to provide con10 tinuity in response and recovery operations and pro11 grams. 

12 ‘‘(2) MANAGEMENT AND IMPLEMENTATION.— 

13 ‘‘(A) IN GENERAL.—Sufficient numbers of 

14 qualified permanent full-time employees of the 

15 Agency shall lead and manage the Disaster Re16 serve Workforce and implement response and re17 covery operations and programs, including lead18 ing individual major projects under sections 404, 

19 406, and 407 of the Robert T. Stafford Disaster 

20 Relief and Emergency Assistance Act (42 U.S.C. 

21 5170c, 5172, and 5173). 

22 ‘‘(B) RESERVISTS.—Reservists shall in23 clude— 

24 ‘‘(i) term employees; 

25 ‘‘(ii) permanent seasonal employees; 

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1 ‘‘(iii) employees designated for short2 term deployments; 

3 ‘‘(iv) employees of the Department who 

4 are not employees of the Agency; and 

5 ‘‘(v) employees of other Federal agen6 cies. 

7 ‘‘(C) SHORT-TERM DEPLOYMENTS.—Em8 ployees designated for short-term deployments 

9 shall generally be deployed— 

10 ‘‘(i) when necessary to temporarily re11 spond to— 

12 ‘‘(I) imminent natural disasters, 

13 acts of terrorism, and other manmade 

14 disasters; or 

15 ‘‘(II) the immediate aftermath of 

16 those disasters or acts; 

17 ‘‘(ii) only for uncertain or temporary 

18 durations; and 

19 ‘‘(iii) absent extraordinary cir20 cumstances, for less than 180 days each cal21 endar year. 

22 ‘‘(D) RELIANCE ON CERTAIN RESERVISTS.— 

23 In supporting the work of permanent full-time 

24 employees, the Administrator— 

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1 ‘‘(i) shall rely to the greatest extent 

2 possible on term employees and permanent 

3 seasonal employees, in order to help ensure 

4 greater efficiency, continuity, quality, and 

5 accuracy in services performed under recov6 ery operations and programs; and 

7 ‘‘(ii) may use discretion to deploy the 

8 reservists most able to ensure the greatest ef9 ficiency, continuity, quality, and accuracy 

10 in services performed under response and 

11 recovery operations and programs. 

12 ‘‘(3) POLICIES AND PROCEDURES.—In order to 

13 ensure that efficient, continuous, and accurate serv14 ices are provided under response and recovery oper15 ations and programs, not later than 180 days after 

16 the date of enactment of this section, the Adminis17 trator shall develop— 

18 ‘‘(A) staffing policies and procedures that 

19 provide for the proper implementation of and 

20 management of response and recovery operations 

21 and programs by sufficient numbers of perma22 nent full-time senior-level officials; 

23 ‘‘(B) plans to recruit individuals who reside 

24 in the area affected by a major disaster when 

25 long-term recovery efforts are needed; and 

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1 ‘‘(C) policies and procedures relating to sec2 tions 403, 404, 406, 407, and 502 of the Robert 

3 T. Stafford Disaster Relief and Emergency As4 sistance Act (42 U.S.C. 5170b, 5170c, 5172, 

5 5173, and 5192). 

6 ‘‘(4) MINIMUM STANDARDS AND GUIDELINES FOR

7 THE DISASTER RESERVE WORKFORCE.— 

8 ‘‘(A) STANDARDS AND GUIDELINES.—Not 

9 later than 180 days after the date of enactment 

10 of this section, the Administrator shall develop 

11 standards and guidelines for the Disaster Reserve 

12 Workforce, including— 

13 ‘‘(i) setting appropriate mandatory be14 fore and after disaster training require15 ments; 

16 ‘‘(ii) establishing the minimum num17 ber of days annually an individual is re18 quired to deploy in a year during which 

19 there is sufficient work for members of the 

20 Disaster Reserve Workforce; 

21 ‘‘(iii) providing for a reasonably long 

22 time period for deployment to ensure con23 tinuity in operations; and 

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1 ‘‘(iv) establishing performance require2 ments, including for the timely and accu3 rate resolution of issues and projects. 

4 ‘‘(B) MAINTAINING MEMBERSHIP IN THE

5 DISASTER RESERVE WORKFORCE.—In order to 

6 maintain membership in the Disaster Reserve 

7 Workforce, a reservist shall— 

8 ‘‘(i) be credentialed in accordance with 

9 section 510; and 

10 ‘‘(ii) meet all minimum standards and 

11 guidelines established under subparagraph 

12 (A)— 

13 ‘‘(I) for term employees, before 

14 being appointed to a term in the Dis15 aster Reserve Workforce; and 

16 ‘‘(II) annually for all other reserv17 ists. 

18 ‘‘(C) EVALUATION SYSTEM.—In consulta19 tion with the Director of the Office of Personnel 

20 Management, the Administrator shall develop 

21 and implement a system to continuously evalu22 ate reservists to ensure that all minimum stand23 ards and guidelines under this paragraph are 

24 satisfied annually by all reservists. Chapter 43 of 

25 title 5, United States Code, shall not apply to remstockstill on DSK4VPTVN1PROD with 

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1 servists covered under the system developed and 

2 implemented under this subparagraph. 

3 ‘‘(5) CONTRACTORS.—Not later than 180 days 

4 after the date of enactment of this section, the Admin5 istrator, in conjunction with the Chief Human Cap6 ital Officer of the Agency, shall establish policies and 

7 procedures for contractors that support response and 

8 recovery operations and programs, which shall ensure 

9 that the contractors have appropriate skills, training, 

10 knowledge, and experience for assigned tasks, includ11 ing by ensuring that the contractors meet training, 

12 credentialing, and performance requirements similar 

13 to the requirements for reservists. 

14 ‘‘(6) REEMPLOYED ANNUITANTS.— 

15 ‘‘(A) IN GENERAL.—In appointing reserv16 ists to the Disaster Reserve Workforce, the appli17 cation of sections 8344 and 8468 of title 5, 

18 United States Code (relating to annuities and 

19 pay on reemployment) or any other similar pro20 vision of law under a Government retirement 

21 system may be waived by the Administrator for 

22 annuitants reemployed on deployments involving 

23 a direct threat to life or property or other un24 usual circumstances for the entirety of the de25 ployment. 

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1 ‘‘(B) LIMITATIONS.—The authority under 

2 subparagraph (A)— 

3 ‘‘(i) is granted to assist the Adminis4 trator in establishing and effectively oper5 ating the Disaster Reserve Workforce if no 

6 other qualified applicant is available for a 

7 reservist position; and 

8 ‘‘(ii) may be exercised only— 

9 ‘‘(I) with respect to natural disas10 ters, acts of terrorism, or other man11 made disasters, including catastrophic 

12 incidents; and 

13 ‘‘(II) if the applicant will not ac14 cept the position without a waiver. 

15 ‘‘(C) NOT EMPLOYEE FOR RETIREMENT

16 PURPOSES.—An annuitant to whom a waiver 

17 under subparagraph (A) is in effect shall not be 

18 considered an employee for purposes of any Gov19 ernment retirement system. 

20 ‘‘(7) PERMANENT EMPLOYMENT POSITIONS.— 

21 ‘‘(A) IN GENERAL.—A reservist hired under 

22 section 306(b)(1) of the Robert T. Stafford Dis23 aster Relief and Emergency Assistance Act (42 

24 U.S.C. 5149(b)(1)) may compete for permanent 

25 positions in the Agency under merit promotion 

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1 procedures. The actual time deployed as a reserv2 ist shall be considered creditable service for pur3 poses of such competition and shall be calculated, 

4 for purposes of section 8411 of title 5, United 

5 States Code, by dividing the total number of 

6 days of service as a reservist by 365 to obtain the 

7 number of years of service and dividing any re8 mainder by 30 to obtain the number of addi9 tional months of service and excluding from the 

10 aggregate the fractional part of a month, if any. 

11 ‘‘(B) CONSIDERATION.—In evaluating a re12 servist hired under section 306(b)(1) of the Rob13 ert T. Stafford Disaster Relief and Emergency 

14 Assistance Act (42 U.S.C. 5149(b)(1)) for a po15 tential permanent employment position, the Ad16 ministrator shall consider the qualifications of, 

17 and performance as a reservist by, the reservist, 

18 including the ability of the reservist to timely, 

19 accurately, and creatively resolve issues and 

20 projects when deployed. 

21 ‘‘(C) EFFECTIVE DATE AND APPLICATION.— 

22 This paragraph shall— 

23 ‘‘(i) take effect on the date on which 

24 the Administrator implements the evalua25 tion system under paragraph (4)(C); and 

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1 ‘‘(ii) apply to periods of service per2 formed after that date. 

3 ‘‘(8) NO IMPACT ON AGENCY PERSONNEL CEIL4 ING.—Reservists shall not be counted against any per5 sonnel ceiling limitation applicable to the Agency.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

7 table of contents in section 1(b) of the Homeland Security 

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

9 after the item relating to section 528, as added by section 

10 403, the following: 

‘‘Sec. 529. Administration of response and recovery operations and programs.’’. 

11 (c) PERMANENT SEASONAL EMPLOYEES.—Section 

12 306(b) of the Robert T. Stafford Disaster Relief and Emer13 gency Assistance Act (42 U.S.C. 5149(b)) is amended— 

14 (1) in paragraph (1), by inserting ‘‘or perma15 nent seasonal employees (as that term is defined 

16 under section 529(a)(8) of the Homeland Security Act 

17 of 2002)’’ after ‘‘temporary personnel’’; and 

18 (2) in paragraph (3), by inserting ‘‘or the em19 ployment of permanent seasonal employees (as that 

20 term is defined under section 529(a)(8) of the Home21 land Security Act of 2002)’’ after ‘‘additional per22 sonnel’’. 

23 SEC. 406. DEPARTMENT AND AGENCY OFFICIALS. 

24 (a) IN GENERAL.—Section 514(a) of the Homeland Se25 curity Act of 2002 (6 U.S.C. 321c(a)) is amended— 

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1 (1) by striking ‘‘The President’’ and inserting 

2 the following: 

3 ‘‘(1) IN GENERAL.—The President’’; 

4 (2) by striking ‘‘4 Deputy Administrators’’ and 

5 inserting ‘‘3 Deputy Administrators’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(2) CHIEF MANAGEMENT OFFICER.— 

8 ‘‘(A) IN GENERAL.—In addition to any 

9 Deputy Administrators appointed under para10 graph (1), the President shall appoint 1 Deputy 

11 Administrator who shall serve as the Chief Man12 agement Officer of the Agency and advise the Ad13 ministrator on matters relating to the manage14 ment of the Agency, including— 

15 ‘‘(i) budgeting, appropriations, expend16 itures of funds, accounting, and finance; 

17 ‘‘(ii) procurement; 

18 ‘‘(iii) human resources and personnel; 

19 ‘‘(iv) information technology and com20 munications systems; 

21 ‘‘(v) facilities, property, equipment, 

22 and other material resources; 

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1 tems, facilities, property, equipment, and 

2 other material resources; 

3 ‘‘(vii) identification and tracking of 

4 performance measures relating to the re5 sponsibilities of the Agency; 

6 ‘‘(viii) grants and other assistance 

7 management programs; 

8 ‘‘(ix) the conduct of internal audits 

9 and management analyses of the programs 

10 and activities of the Agency; 

11 ‘‘(x) controls over waste, fraud, and 

12 abuse; and 

13 ‘‘(xi) any other management duties de14 termined appropriate by the Administrator. 

15 ‘‘(B) CRITERIA.—The Deputy Adminis16 trator appointed under subparagraph (A) shall 

17 have— 

18 ‘‘(i) extensive executive level leadership 

19 and management experience in the public 

20 or private sector; 

21 ‘‘(ii) strong leadership skills; 

22 ‘‘(iii) a demonstrated ability to man23 age large and complex organizations; and 

24 ‘‘(iv) a proven record in achieving 

25 positive operational results.’’. 

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1 (b) PROVISION OF INFORMATION TO CONGRESS.— 

2 (1) DEFINITION.—In this subsection, the term 

3 ‘‘appropriate committees of Congress’’ means— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs of the Senate; and 

6 (B) the Committee on Homeland Security 

7 and the Committee on Transportation and Infra8 structure of the House of Representatives. 

9 (2) STRATEGY.—Not later than 1 year after the 

10 date of enactment of this Act, the Chief Management 

11 Officer of the Federal Emergency Management Agency 

12 and the Under Secretary for Management shall sub13 mit to the appropriate committees of Congress a 

14 strategy for improving the management of the Federal 

15 Emergency Management Agency. 

16 (3) BRIEFINGS.—Not later than 90 days after 

17 the date of enactment of this Act, and every 90 days 

18 thereafter until the date that is 3 years after the date 

19 of enactment of this Act, the Chief Management Offi20 cer of the Federal Emergency Management Agency 

21 and the Under Secretary for Management shall brief 

22 the appropriate committees of Congress on measures 

23 taken to improve the management of the Federal 

24 Emergency Management Agency, including, after the 

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1 strategy is submitted under paragraph (2), informa2 tion regarding implementation of the strategy. 

3 SEC. 407. INFRASTRUCTURE PROTECTION ASSISTANCE. 

4 (a) PORT SECURITY GRANTS.—There are authorized 

5 to be appropriated to the Secretary to make grants for port 

6 security in accordance with section 70107 of title 46, 

7 United States Code, $249,500,000 for fiscal year 2012. 

8 (b) SURFACE TRANSPORTATION SECURITY GRANTS.— 

9 (1) IN GENERAL.—There are authorized to be ap10 propriated to the Secretary for public transportation 

11 and railroad security grants authorized under sec12 tions 1406 and 1513 of the Implementing Rec13 ommendations of the 9/11 Commission Act of 2007 (6 

14 U.S.C. 1135 and 1163) $224,500,000 for fiscal year 

15 2012. 

16 (2) PROGRAM GUIDANCE.—The Secretary shall— 

17 (A) ensure public transportation and pas18 senger rail security grants are awarded on the 

19 basis of remediating risk to the system and to the 

20 region as a whole; 

21 (B) require applications be reviewed and 

22 approved by a Regional Transit Security Work23 ing Group comprised of representatives of all eli24 gible transportation systems in the region, the 

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1 homeland security offices of each State in the re2 gion, 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 and 1513 of the 

15 Implementing Recommendations of 9/11 Com16 mission Act of 2007 (6 U.S.C. 1135 and 1163) 

17 are awarded for securing or remediating risk to 

18 specific physical assets, submit a report to the 

19 Committee on Homeland Security and Govern20 mental Affairs of the Senate and the Committee 

21 on Homeland Security of the House of Rep22 resentatives describing how the grant funds 

23 awarded under those sections will be used to pro24 tect passengers from acts of terrorism, including 

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1 the use of explosive devices and the release of bio2 logical, chemical, and radiological agents. 

3 (c) REPEAL OF OVER-THE-ROAD BUS SECURITY AS4 SISTANCE PROGRAM.— 

5 Section 1532 of the Implementing Recommenda6 tions of the 9/11 Commission Act of 2007 is repealed. 

7 SEC. 408. FEDERAL-STATE BORDER SECURITY COOPERA8 TION. 

9 (a) IN GENERAL.—Title XX of the Homeland Security 

10 Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding 

11 at the end the following: 

12 ‘‘Subtitle C—Other Grant Programs 

13 ‘‘SEC. 2041. OPERATION STONEGARDEN GRANT PROGRAM. 

14 ‘‘(a) FINANCIAL ASSISTANCE.— 

15 ‘‘(1) AUTHORITY.— 

16 ‘‘(A) IN GENERAL.—The Secretary, acting 

17 through the Administrator, may make grants to 

18 States to facilitate and enhance participation by 

19 States, local governments, and Indian tribes in 

20 border security efforts. 

21 ‘‘(B) CONSULTATION.—In developing guid22 ance for grants authorized under this section, the 

23 Administrator shall consult with the Commis24 sioner of U.S. Customs and Border Protection. 

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1 ‘‘(2) ELIGIBILITY.—A State is eligible for a 

2 grant under this section if the State has an inter3 national water border or is located on the inter4 national border between the United States and Mexico 

5 or the United States and Canada. 

6 ‘‘(3) AVAILABILITY AND USE OF FUNDS.— 

7 ‘‘(A) IN GENERAL.—Not later than 45 days 

8 after the date on which a State receives funds 

9 under a grant under this section, the State shall 

10 make available not less than 95 percent of the 

11 funds to participating entities of the State or a 

12 local government or Indian tribe in the State. 

13 ‘‘(B) RETAINED FUNDS.—A States may use 

14 not more than 5 percent of the funds received 

15 under a grant under this section for expenses re16 lating to the management and administration of 

17 the grant. 

18 ‘‘(C) MANAGEMENT AND ADMINISTRA19 TION.—A local government or Indian tribe that 

20 receives grant funds under this section may use 

21 not more than 5 percent of the funds for expenses 

22 relating to the management and administration 

23 of the grant. 

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1 ‘‘(4) LIMITATIONS ON USE OF FUNDS.—Funds 

2 provided under a grant under this section may not be 

3 used to— 

4 ‘‘(A) supplant State, local, or tribal govern5 ment funds; 

6 ‘‘(B) pay salaries or benefits for personnel, 

7 other than overtime expenses of regular and re8 serve law enforcement personnel or regular pay 

9 expenses of reserve law enforcement personnel; or 

10 ‘‘(C) construct or renovate buildings or 

11 other physical facilities. 

12 ‘‘(5) PRIORITIZATION.—In allocating funds 

13 among eligible States applying for grants under this 

14 section, the Administrator shall consider— 

15 ‘‘(A) an assessment of the risks associated 

16 with cross-border threats to a State, including 

17 terrorism and other criminal activities, includ18 ing consideration of— 

19 ‘‘(i) the most current threat assess20 ments available to the Department relevant 

21 to the border of the State; 

22 ‘‘(ii) border-specific law enforcement 

23 intelligence; 

24 ‘‘(iii) the length of the international 

25 border of the State; and 

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1 ‘‘(iv) such other factors as the Admin2 istrator determines appropriate; 

3 ‘‘(B) the anticipated effectiveness of the pro4 posed use of the grant by the State to enhance 

5 border security capabilities; and 

6 ‘‘(C) the results of peer review evaluations 

7 of applications conducted by State, local, and 

8 tribal law enforcement personnel. 

9 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated for grants under this sec11 tion $55,000,000 for each of fiscal years 2012 through 

12 2017.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

14 table of contents in section 1(b) of the Homeland Security 

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

16 after the item relating to section 2022 the following: 

‘‘Subtitle C—Other Grant Programs 

‘‘Sec. 2041. Operation Stonegarden grant program.’’. 

17 SEC. 409. EMERGENCY MANAGEMENT ASSISTANCE COM18 PACT. 

19 Section 661(d) of the Post-Katrina Emergency Man20 agement Reform Act of 2006 (6 U.S.C. 761(d)) is amended 

21 by striking ‘‘$4,000,000 for fiscal year 2008’’ and inserting 

22 ‘‘$2,000,000 for each of fiscal years 2012 through 2016’’. 

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1 SEC. 410. REPEAL OF EMERGENCY OPERATIONS CENTER 

2 GRANT PROGRAM. 

3 (a) IN GENERAL.—Subtitle A of title VI of the Robert 

4 T. Stafford Disaster Relief and Emergency Assistance Act 

5 (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, re10 spectively. 

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 Post23 Katrina Emergency Management Act of 2006 (6 U.S.C. 

24 749) and section 2022(a)(4) of the Homeland Security Act 

25 of 2002 (6 U.S.C. 612(a)(4)). 

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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 PLANS.— 

7 ‘‘(1) IN GENERAL.—The Secretary, acting 

8 through the senior official responsible for catastrophic 

9 incident planning appointed under section 526 (in 

10 this section referred to as the ‘designated official’), 

11 shall develop communications plans for providing in12 formation to the public related to preparing for, pro13 tecting against, and responding to natural disasters, 

14 acts of terrorism, and other man-made disasters, in15 cluding catastrophic incidents involving the use of 

16 weapons of mass destruction. 

17 ‘‘(2) CONSULTATION.—In developing commu18 nications plans under paragraph (1), the designated 

19 official shall consult with State, local, and tribal gov20 ernments and coordinate, as the designated official 

21 considers appropriate, with other executive agencies 

22 that have responsibilities under the National Response 

23 Framework and other relevant executive agencies. 

24 ‘‘(b) PRESCRIPTED MESSAGES AND MESSAGE TEM25 PLATES.— 

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1 ‘‘(1) IN GENERAL.—As part of the communica2 tion plans, the designated official shall develop 

3 prescripted messages or message templates to be in4 cluded in the plans to be provided to State, local, and 

5 tribal government officials so that those officials can 

6 quickly and rapidly disseminate critical information 

7 to the public in anticipation or in the immediate 

8 aftermath of a disaster or incident. 

9 ‘‘(2) DEVELOPMENT AND DESIGN.—The 

10 prescripted messages or message templates shall— 

11 ‘‘(A) be developed, as the designated official 

12 determines appropriate, in consultation with 

13 State, local, and tribal governments and in co14 ordination with other executive agencies that 

15 have responsibilities under the National Re16 sponse Framework and other relevant executive 

17 agencies; 

18 ‘‘(B) be designed to provide accurate, essen19 tial, and appropriate information and instruc20 tions to the population directly affected by a dis21 aster or incident, including information related 

22 to evacuation, sheltering in place, and issues of 

23 immediate health and safety; and 

24 ‘‘(C) be designed to provide accurate, essen25 tial, and appropriate technical information and 

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1 instructions to emergency response providers and 

2 medical personnel responding to a disaster or in3 cident. 

4 ‘‘(c) COMMUNICATIONS FORMATS.—In developing the 

5 prescripted messages or message templates required under 

6 subsection (b), the designated official shall develop each such 

7 prescripted message or message template in multiple for8 mats to ensure delivery— 

9 ‘‘(1) in cases where the usual communications 

10 infrastructure is unusable as a result of the nature of 

11 a disaster or incident; and 

12 ‘‘(2) to individuals with disabilities or other spe13 cial needs and individuals with limited English pro14 ficiency in accordance with section 616 of the Robert 

15 T. Stafford Disaster Relief and Emergency Assistance 

16 Act (42 U.S.C. 5196d). 

17 ‘‘(d) DISSEMINATION AND TECHNICAL ASSISTANCE.— 

18 The designated official shall ensure that all prescripted mes19 sages and message templates developed under this section 

20 are made available to State, local, and tribal governments 

21 so that those governments may incorporate the messages 

22 and templates into the emergency plans of those govern23 ments. The designated official shall also make available rel24 evant technical assistance to those governments to support 

25 communications planning. 

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1 ‘‘(e) EXERCISES.—To ensure that the prescripted mes2 sages or message templates developed under this section can 

3 be effectively utilized in a disaster or incident, the des4 ignated official shall incorporate such prescripted messages 

5 or message templates into exercises conducted under the Na6 tional Exercise Program described in section 648 of the 

7 Post-Katrina Emergency Management Reform Act of 2006 

8 (6 U.S.C. 748). 

9 ‘‘(f) SUBMISSION OF PLANS.—Not later than 1 year 

10 after the date of enactment of this section, the designated 

11 official shall submit to the Committee on Homeland Secu12 rity and Governmental Affairs of the Senate and the Com13 mittee on Homeland Security of the House of Representa14 tives a copy of the communications plans required to be 

15 developed under this section, including— 

16 ‘‘(1) prescripted messages or message templates 

17 developed in conjunction with the plans; and 

18 ‘‘(2) a description of the means that will be used 

19 to deliver such messages in a natural disaster, act of 

20 terrorism, or other man-made disaster.’’. 

21 (b) TABLE OF CONTENTS.—The table of contents in 

22 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

23 101) is amended by inserting after the item relating to sec24 tion 529, as added by section 405, the following: 

‘‘Sec. 530. Communications planning.’’. 

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1 SEC. 413. GUIDELINES CONCERNING WEAPONS OF MASS 

2 DESTRUCTION. 

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 

5 412, is amended by adding at the end the following: 

6 ‘‘SEC. 531. GUIDELINES CONCERNING WEAPONS OF MASS 

7 DESTRUCTION. 

8 ‘‘(a) ESTABLISHMENT OF GUIDELINES.—Not later 

9 than 1 year after the date of enactment of the Department 

10 of Homeland Security Authorization Act of 2012, the Sec11 retary shall— 

12 ‘‘(1) develop guidelines for responding to an ex13 plosion or release of nuclear, biological, radiological, 

14 or chemical material, in coordination with— 

15 ‘‘(A) State, local, and tribal governments; 

16 ‘‘(B) Federal agencies with— 

17 ‘‘(i) responsibilities for responding to 

18 weapons of mass destruction incidents 

19 under the National Response Framework; or 

20 ‘‘(ii) relevant scientific or worker 

21 health expertise; and 

22 ‘‘(C) representatives of— 

23 ‘‘(i) emergency response provider orga24 nizations; and 

25 ‘‘(ii) public health and medical organi26 zations; and 

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1 ‘‘(2) make the guidelines developed under para2 graph (1) available to State, local, and tribal govern3 ments, nongovernmental organizations, and the pri4 vate sector. 

5 ‘‘(b) CONTENTS.—The guidelines developed under sub6 section (a)(1) shall contain, at a minimum— 

7 ‘‘(1) protective action guidelines for ensuring the 

8 health and safety of emergency response providers; 

9 ‘‘(2) information regarding the effects of the bio10 logical, chemical, or radiological agent on those ex11 posed to the agent; and 

12 ‘‘(3) information regarding how emergency re13 sponse providers and mass care facilities may most 

14 effectively deal with individuals affected by an inci15 dent involving a nuclear, biological, radiological, or 

16 chemical material. 

17 ‘‘(c) REVIEW AND REVISION OF GUIDELINES.—The 

18 Secretary shall— 

19 ‘‘(1) not less frequently than every 2 years, re20 view the guidelines developed under subsection (a)(1); 

21 ‘‘(2) make revisions to the guidelines as appro22 priate; and 

23 ‘‘(3) make the revised guidelines available to 

24 State, local, and tribal governments, nongovernmental 

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1 organizations, the private sector, and the general pub2 lic. 

3 ‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING

4 GUIDELINES.—In carrying out the requirements of this sec5 tion, the Secretary shall establish procedures to— 

6 ‘‘(1) inventory any relevant hazardous material 

7 response guidelines; 

8 ‘‘(2) enable the public to submit recommenda9 tions of areas for which guidelines could be developed 

10 under subsection (a)(1); 

11 ‘‘(3) determine which entities should be consulted 

12 in developing or revising the guidelines; 

13 ‘‘(4) on a regular basis, prioritize guidelines that 

14 should be developed or revised; and 

15 ‘‘(5) develop and disseminate the guidelines in 

16 accordance with the prioritization under paragraph 

17 (4). 

18 ‘‘(e) SUBMISSION OF GUIDELINES.—Not later than 1 

19 year after the date of enactment of the Department of 

20 Homeland Security Authorization Act of 2012, and annu21 ally thereafter, the Secretary shall submit guidelines devel22 oped under this section to the Committee on Homeland Se23 curity and Governmental Affairs of the Senate and the 

24 Committee on Homeland Security of the House of Rep25 resentatives.’’. 

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1 (b) TABLE OF CONTENTS.—The table of contents in 

2 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

3 101) is amended by inserting after the item relating to sec4 tion 530, as added by section 409, the following: 

‘‘Sec. 531. Guidelines concerning weapons of mass destruction.’’. 

5 SEC. 414. PLUME MODELING. 

6 (a) IN GENERAL.—Title III of the Homeland Security 

7 Act of 2002 (6 U.S.C. 181 et seq.) is amended by inserting 

8 after section 317 the following: 

9 ‘‘SEC. 318. PLUME MODELING. 

10 ‘‘(a) DEFINITIONS.—In this section— 

11 ‘‘(1) the term ‘integrated plume model’ means a 

12 plume model that integrates protective action guid13 ance and other information as the Secretary deter14 mines appropriate; and 

15 ‘‘(2) the term ‘plume model’ means the assess16 ment of the location and prediction of the spread of 

17 nuclear, radioactive, or chemical fallout and biologi18 cal pathogens resulting from an explosion or release 

19 of nuclear, radioactive, chemical, or biological sub20 stances. 

21 ‘‘(b) DEVELOPMENT.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall develop 

23 and disseminate integrated plume models to enable 

24 rapid response activities following a nuclear, radio25 logical, chemical, or biological explosion or release. 

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1 ‘‘(2) SCOPE.—The Secretary shall— 

2 ‘‘(A) ensure the rapid development and dis3 tribution of integrated plume models to appro4 priate officials of the Federal Government and 

5 State, local, and tribal governments to enable 

6 immediate response to a nuclear, radiological, 

7 chemical, or biological incident; and 

8 ‘‘(B) establish mechanisms for dissemina9 tion by appropriate emergency response officials 

10 of the integrated plume models described in 

11 paragraph (1) to nongovernmental organizations 

12 and the public to enable appropriate response ac13 tivities by individuals. 

14 ‘‘(3) CONSULTATION WITH OTHER DEPARTMENTS

15 AND AGENCIES.—In developing the integrated plume 

16 models described in this section, the Secretary shall 

17 consult, as appropriate, with— 

18 ‘‘(A) the Secretary of Energy, the Secretary 

19 of Defense, the Secretary of Health and Human 

20 Services, the Secretary of Commerce, and the 

21 heads of other executive agencies determined ap22 propriate by the Secretary; and 

23 ‘‘(B) State, local, and tribal governments 

24 and nongovernmental organizations. 

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1 ‘‘(c) EXERCISES.—The Secretary shall ensure that the 

2 development and dissemination of integrated plume models 

3 are assessed during exercises administered by the Depart4 ment. 

5 ‘‘(d) REVIEW.—Not later than 180 days after the date 

6 of enactment of this section, and every 2 years thereafter, 

7 the Secretary shall review the process for providing inte8 grated plume models developed under this section to ensure 

9 that the integrated plume models— 

10 ‘‘(1) are clear and informative; 

11 ‘‘(2) meet the needs of incident commanders; and 

12 ‘‘(3) incorporate lessons learned during exercises 

13 administered by the Department.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

15 table of contents in section 1(b) of the Homeland Security 

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

17 after the item relating to section 317 the following: 

‘‘Sec. 318. Plume modeling.’’. 

18 SEC. 415. IDENTIFICATION OF DISASTER MANAGEMENT RE19 SOURCES. 

20 Section 1105(a)(35) of title 31, United States Code, 

21 is amended by adding at the end the following: 

22 ‘‘(D) In implementing this paragraph, the Presi23 dent shall include in each budget a description of re24 sources identified to support the preparedness, re25 sponse, and recovery responsibilities of each Federal 

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1 agency with responsibilities under the National Re2 sponse Framework and the National Disaster Recov3 ery Framework.’’. 

4 SEC. 416. ANTIFRAUD TRAINING. 

5 Section 698 of the Post-Katrina Emergency Manage6 ment Reform Act of 2006 (6 U.S.C. 797) is amended— 

7 (1) by striking ‘‘The Administrator’’ and insert8 ing the following: 

9 ‘‘(a) IN GENERAL.—The Administrator’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(b) REPORTING.—For the fiscal year in which this 

12 subsection is enacted, and each fiscal year thereafter for 5 

13 fiscal years, the Administrator shall submit to Committee 

14 on Homeland Security and Governmental Affairs of the 

15 Senate and the Committee on Homeland Security and the 

16 Committee on Transportation and Infrastructure of the 

17 House of Representatives a report identifying the number 

18 of employees of the Agency and contractors trained under 

19 the program developed under subsection (a).’’. 

20 SEC. 417. INFORMATION TECHNOLOGY. 

21 (a) DEFINITIONS.—In this section— 

22 (1) the term ‘‘Administrator’’ means the Admin23 istrator of the Federal Emergency Management Agen24 cy; and 

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1 (2) the term ‘‘covered information technology 

2 purchase’’ means a purchase of information tech3 nology for an amount greater than a threshold 

4 amount, which the Administrator shall establish. 

5 (b) POLICY.—Not later than 90 days after the date of 

6 enactment of this Act, the Administrator shall implement 

7 a policy requiring the Chief Information Officer of the Fed8 eral Emergency Management Agency to approve a covered 

9 information technology purchase before the Federal Emer10 gency Management Agency may make the covered informa11 tion technology purchase. 

12 (c) REPORTING.—Not later than 1 year after the date 

13 of enactment of this Act, and every year thereafter until 

14 the date that is 5 year after the date of enactment of this 

15 Act, the Administrator shall submit to the Committee on 

16 Homeland Security and Governmental Affairs of the Senate 

17 and the Committee on Transportation and Infrastructure 

18 of the House of Representatives a report on the implementa19 tion of the policy described in subsection (b), which shall 

20 include a list of any covered information technology pur21 chases made by the Federal Emergency Management Agen22 cy in violation of the policy during the period covered by 

23 the report. 

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1 SEC. 418. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

2 (a) DEFINITION.—Section 2001 of the Homeland Secu3 rity Act of 2002 (6 U.S.C. 601) is amended— 

4 (1) by redesignating paragraphs (8) through (14) 

5 as paragraphs (9) through (15), respectively; and 

6 (2) by inserting after paragraph (7) the fol7 lowing: 

8 ‘‘(8) MASS CASUALTY INCIDENT.—The term 

9 ‘mass casualty incident’ means any natural disaster, 

10 act of terrorism, or other man-made disaster, includ11 ing a disease epidemic, that results in significant 

12 numbers of injuries or deaths and to which the re13 sponse has the potential to overwhelm routine emer14 gency medical services.’’. 

15 (b) AUTHORIZATION.—Subtitle C of title XX of the 

16 Homeland Security Act of 2002, as added by section 408, 

17 is amended by adding at the end the following: 

18 ‘‘SEC. 2042. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

19 ‘‘(a) IN GENERAL.—There is in the Department a Met20 ropolitan Medical Response System. 

21 ‘‘(b) PURPOSE.—The purpose of the Metropolitan Med22 ical Response System shall be to support States, local gov23 ernments, and Indian tribes in preparing for, protecting 

24 against, and responding to mass casualty incidents by sys25 tematically enhancing cooperation and integration of emermstockstill on DSK4VPTVN1PROD with 

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1 gency response providers and public health and medical 

2 personnel. 

3 ‘‘(c) METROPOLITAN MEDICAL RESPONSE SYSTEM

4 MANAGEMENT.—In coordination with the Chief Medical Of5 ficer, the Administrator shall— 

6 ‘‘(1) establish objectives and a strategy for the 

7 Metropolitan Medical Response System, consistent 

8 with the National Response Framework and National 

9 Incident Management System; 

10 ‘‘(2) develop and oversee standards, plans, train11 ing, and exercises; and 

12 ‘‘(3) provide technical assistance to States, local 

13 governments, and Indian tribes in preparing for, pro14 tecting against, and responding to mass casualty in15 cidents. 

16 ‘‘(d) FINANCIAL ASSISTANCE.— 

17 ‘‘(1) AUTHORIZATION OF GRANTS.— 

18 ‘‘(A) IN GENERAL.—The Secretary, acting 

19 through the Administrator, may make grants 

20 under this section to States, local governments, 

21 and Indian tribes to assist in preparing for, pro22 tecting against, and responding to mass casualty 

23 incidents. 

24 ‘‘(B) CONSULTATION.—In developing guid25 ance for grants authorized under this section, the 

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1 Administrator shall consult with the Chief Med2 ical Officer. 

3 ‘‘(2) USE OF FUNDS.—A grant made under this 

4 section may be used in support of public health and 

5 medical preparedness for mass casualty incidents 

6 through the integration of emergency response pro7 viders and public health and medical personnel, in8 cluding— 

9 ‘‘(A) medical surge capacity; 

10 ‘‘(B) mass prophylaxis; 

11 ‘‘(C) chemical, biological, radiological, nu12 clear, and explosive detection, response, and de13 contamination capabilities; 

14 ‘‘(D) mass triage and prehospital treatment 

15 plans and capabilities; 

16 ‘‘(E) planning; 

17 ‘‘(F) information sharing and collaboration 

18 capabilities of State, local, and tribal govern19 ments and Federal response entities and regional 

20 areas; 

21 ‘‘(G) medicinal stockpiling, management, 

22 distribution, and dispensing; 

23 ‘‘(H) fatality management; 

24 ‘‘(I) training and exercises; 

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1 ‘‘(J) integration and coordination of the ac2 tivities and capabilities of public health per3 sonnel and medical care providers with those of 

4 other emergency response providers as well as 

5 private sector and nonprofit organizations; and 

6 ‘‘(K) any other activities as the Adminis7 trator may provide. 

8 ‘‘(3) ELIGIBILITY.— 

9 ‘‘(A) IN GENERAL.—The Administrator, in 

10 consultation with the Chief Medical Officer, shall 

11 establish criteria for determining whether a 

12 State, local government, or Indian tribe may be 

13 awarded a grant under this subsection. 

14 ‘‘(B) LIMITATIONS.—In determining which 

15 States, local governments, and Indian tribes 

16 shall be awarded grants under this subsection, 

17 the Administrator shall ensure that— 

18 ‘‘(i) not less than 1 jurisdiction in each 

19 State is awarded a grant; and 

20 ‘‘(ii) the total number of jurisdictions 

21 awarded grants does not exceed the number 

22 of jurisdictions awarded grants under the 

23 Metropolitan Medical Response Program 

24 under section 635 of the Post-Katrina 

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1 Emergency Management Reform Act of 

2 2006 (6 U.S.C. 723) in fiscal year 2010. 

3 ‘‘(C) REGIONAL COORDINATION.—The Ad4 ministrator shall ensure that each recipient of a 

5 grant under this subsection, as a condition of re6 ceiving that grant, is actively coordinating its 

7 preparedness efforts with surrounding jurisdic8 tions and with emergency response providers 

9 from all relevant disciplines, to effectively en10 hance regional preparedness. 

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

12 authorized to be appropriated to carry out the program 

13 under this section $41,000,000 for each of fiscal years 2012 

14 through 2014.’’. 

15 (c) PROGRAM REVIEW.— 

16 (1) IN GENERAL.—The Administrator of the Fed17 eral Emergency Management Agency and the Chief 

18 Medical Officer shall conduct a review of the Metro19 politan Medical Response System authorized under 

20 section 2042 of the Homeland Security Act of 2002, 

21 as added by subsection (b), including an examination 

22 of— 

23 (A) the goals and objectives of the Metro24 politan Medical Response System; 

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1 (B) the extent to which the goals and objec2 tives are being met; 

3 (C) the performance metrics that can best 

4 help assess whether the Metropolitan Medical Re5 sponse System is succeeding; 

6 (D) how the Metropolitan Medical Response 

7 System can be improved; 

8 (E) how the Metropolitan Medical Response 

9 System can best be coordinated with other pre10 paredness programs supported by the Depart11 ment; 

12 (F) how the number of jurisdictions, the cri13 teria to award jurisdictions, and the relative al14 location of financial assistance under the Metro15 politan Medical Response System should be de16 termined; and 

17 (G) the resource requirements of the Metro18 politan Medical Response System. 

19 (2) REPORT.—Not later than 180 days after the 

20 date of enactment of this Act, the Administrator of the 

21 Federal Emergency Management Agency and the 

22 Chief Medical Officer shall submit a report on the re23 sults of the review under this subsection to— 

24 (A) the Committee on Homeland Security 

25 and Governmental Affairs of the Senate; and 

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1 (B) the Committee on Homeland Security of 

2 the House of Representatives. 

3 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) TABLE OF CONTENTS.—The table of contents 

5 in section 1(b) of the Homeland Security Act of 2002 

6 (6 U.S.C. 101 et seq.) is amended by inserting after 

7 the item relating to section 2041, as added by section 

8 408, the following: 

‘‘Sec. 2042. Metropolitan Medical Response System.’’. 

9 (2) REPEAL.—Section 635 of the Post-Katrina 

10 Management Reform Act of 2006 (6 U.S.C. 723) is re11 pealed. 

12 (3) PROGRAM NOT AFFECTED.—Section 

13 2002(b)(5) of the Homeland Security Act of 2002 (6 

14 U.S.C. 603(b)(5)) is amended by striking ‘‘section 635 

15 of the Post-Katrina Emergency Management Reform 

16 Act of 2006 (6 U.S.C. 723)’’ and inserting ‘‘subtitle 

17 C’’. 

18 SEC. 419. REGIONAL CATASTROPHIC GRANT PROGRAM. 

19 (a) IN GENERAL.—On and after the date of enactment 

20 of this Act, the Administrator of the Federal Emergency 

21 Management Agency may not award a grant under the Re22 gional Catastrophic Preparedness Grant Program. 

23 (b) SAVINGS CLAUSE.—Any grant awarded for a fiscal 

24 year beginning before October 1, 2011 and any funds pro25 vided under a grant under the Regional Catastrophic Premstockstill on DSK4VPTVN1PROD with 

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1 paredness Grant Program before the date of enactment of 

2 this Act shall continue and may be used under the terms 

3 and conditions of the program. 

4 (c) RULE OF CONSTRUCTION.—Nothing in this section 

5 shall be construed to prohibit the Administrator of the Fed6 eral Emergency Management Agency from providing sup7 port and assistance to grantees under the Regional Cata8 strophic Preparedness Grant Program, including assistance 

9 with program implementation, through the remaining per10 formance period of a grant awarded before the date of enact11 ment of this Act. 

12 SEC. 420. REPORT ON CONSOLIDATION OF GRANT PRO13 GRAMS. 

14 Not later than 180 days after the date of enactment 

15 of this Act, the Secretary shall submit to the Committee on 

16 Homeland Security and Governmental Affairs of the Senate 

17 and the Committee on Homeland Security of the House of 

18 Representatives a report on the suitability, feasibility, and 

19 efficiency of consolidating grant programs administered by 

20 the Department, other than grants awarded in conjunction 

21 with a major disaster or emergency declared under the Rob22 ert T. Stafford Disaster Relief and Emergency Assistance 

23 Act (42 U.S.C. 5121 et seq.). 

24 SEC. 421. GRANT PROGRAM CONTINGENCY PLANS. 

25 (a) DEFINITIONS.—In this section— 

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1 (1) the term ‘‘Administrator’’ means the Admin2 istrator of the Agency; 

3 (2) the term ‘‘Agency’’ means the Federal Emer4 gency Management Agency; and 

5 (3) the term ‘‘covered grant recipient’’ means a 

6 recipient of a grant under a non-disaster prepared7 ness grant program of the Agency. 

8 (b) IN GENERAL.—Not later than 1 year after the date 

9 of enactment of this Act, the Administrator shall submit 

10 to the Committee on Homeland Security and Governmental 

11 Affairs of the Senate and the Committee on Homeland Se12 curity of the House of Representatives a plan to implement 

13 processes that require covered grant recipients to provide 

14 to the Agency contingency plans that include options for 

15 sustaining preparedness capabilities in the absence or re16 duction of Federal funds. 

17 (c) CONTENTS.—The plan required to be submitted to 

18 the Committee on Homeland Security and Governmental 

19 Affairs of the Senate and the Committee on Homeland Se20 curity of the House of Representatives under subsection (b) 

21 shall include— 

22 (1) an explanation of how the implementation of 

23 the plan will be integrated into the existing grant 

24 cycle; and 

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1 (2) an evaluation of the impact on Federal pre2 paredness capabilities of the reduction or elimination 

3 of Agency grant funding to covered grant recipients, 

4 including a list of ongoing projects that will need 

5 Federal funding beyond the grant period for which 

6 the project was funded. 

7 SEC. 422. NATIONAL MITIGATION FRAMEWORK. 

8 Section 504(a) of the Homeland Security Act of 2002 

9 (6 U.S.C. 314(a)) is amended— 

10 (1) in paragraph (20), by striking ‘‘and’’ at the 

11 end; 

12 (2) by redesignating paragraph (21) as para13 graph (22); and 

14 (3) by inserting after paragraph (20) the fol15 lowing: 

16 ‘‘(21) develop and implement the National Miti17 gation Framework; and’’. 

18 SEC. 423. NONEMERGENCY PERSONNEL HIRING FREEZE. 

19 (a) IDENTIFICATION OF POSITIONS.—Not later than 30 

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

21 shall identify all positions in the Department that do not 

22 involve emergency operations. 

23 (b) FREEZE.—The Secretary may not increase the 

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1 ment that do not involve emergency operations during the 

2 period— 

3 (1) beginning on the earlier of— 

4 (A) the date on which the Secretary identi5 fies positions under subsection (a); or 

6 (B) the date that is 30 days after the date 

7 of enactment of this Act; and 

8 (2) ending on the date on which the national un9 employment rate is not more than 8 percent, based on 

10 the most recently available monthly publications of 

11 the Bureau of Labor Statistics of the Department of 

12 Labor. 

13 TITLE V—BORDER SECURITY 

14 SEC. 501. WORKFORCE STAFFING PLAN. 

15 (a) IN GENERAL.—Subtitle D of title IV of the Home16 land Security Act of 2002 (6 U.S.C. 251 et seq.) is amended 

17 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 enactment of this section, and every 2 years there21 after through September 30, 2017, the Secretary of shall de22 velop a workforce staffing plan that— 

23 ‘‘(1) details the optimal level of staffing required 

24 to carry out the responsibilities of U.S. Customs and 

25 Border Protection (referred to in this section as 

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1 ‘CBP’) and U.S. Immigration and Customs Enforce2 ment (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 de6 cisions to analyses of threats; and 

7 ‘‘(4) describes any coordination between CBP 

8 and ICE staffing plans to secure specific segments of 

9 the border region. 

10 ‘‘(b) SUBMISSION.—The Secretary shall submit each 

11 workforce staffing plan to the Committee on Homeland Se12 curity 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 of 

16 the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 

17 is amended by adding after the item relating to section 446 

18 the following: 

‘‘Sec. 447. Workforce staffing plan.’’. 

19 SEC. 502. BORDER TECHNOLOGY AND INFRASTRUCTURE 

20 PLAN. 

21 (a) IN GENERAL.—Not later than 1 year after the date 

22 of enactment of this Act, and every year thereafter through 

23 September 30, 2017, the Secretary shall develop a border 

24 technology and infrastructure plan, that— 

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1 (1) details infrastructure and technology needs at 

2 or near international borders (including construction, 

3 repairs, maintenance, and security upgrades); 

4 (2) details methods used by trafficking organiza5 tions to smuggle contraband across the border and 

6 recommends countermeasures to address those activi7 ties; 

8 (3) establishes benchmarks and a comprehensive 

9 measurement system to assess border security; 

10 (4) establishes benchmarks and a comprehensive 

11 measurement system to assess the flow of lawful com12 merce and persons across land border ports of entry; 

13 (5) details infrastructure and technology needs at 

14 land border Ports of Entry in consultation with the 

15 Administrator of General Services (including land 

16 purchases, construction of additional port capacity, 

17 traffic lanes, primary and secondary inspection 

18 areas, and security); 

19 (6) includes a framework to plan, manage, and 

20 execute border security technology and infrastructure 

21 projects; and 

22 (7) provides for consideration of construction al23 ternatives, public-private partnerships, best practices, 

24 consultation with State, local government, and tribal 

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1 officials, and contracting opportunities for small busi2 nesses. 

3 (b) USE OF OTHER PLANS.—The Secretary may mod4 ify or use plans and reports required under other provisions 

5 of law in order to comply with this section. 

6 SEC. 503. SURGE DEPLOYMENT. 

7 (a) IN GENERAL.—Subtitle D of title IV of the Home8 land Security Act of 2002 (6 U.S.C. 251 et seq.), as amend9 ed by section 501(a), is further amended by adding at the 

10 end the following new section: 

11 ‘‘SEC. 448. SURGE DEPLOYMENT. 

12 ‘‘The Commissioner of U.S. Customs and Border Pro13 tection may deploy existing surge teams to proactively re14 spond to intelligence-related, high-risk threats or to assist 

15 or augment agency operations at ports of entry in the 

16 United States during emergencies or other events that re17 quire additional staffing for a limited period of time.’’. 

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

19 the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), 

20 as amended by section 501(b), is further amended by adding 

21 after the item relating to section 447 the following: 

‘‘Sec. 448. Surge deployment.’’. 

22 SEC. 504. ENHANCED TRAINING FOR BORDER PATROL 

23 AGENTS. 

24 (a) IN GENERAL.—Subtitle D of title IV of the Home25 land Security Act of 2002 (6 U.S.C. 251 et seq.), as amendmstockstill on DSK4VPTVN1PROD with 

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1 ed by section 503(a), is further amended by adding at the 

2 end the following: 

3 ‘‘SEC. 449. ENHANCED TRAINING FOR BORDER PATROL 

4 AGENTS. 

5 ‘‘(a) IN GENERAL.—The Secretary shall review and, 

6 to the extent necessary, revise the field training provided 

7 to Border Patrol agents to ensure that Border Patrol agents 

8 are adequately prepared to deal with the specific challenges 

9 posed by the station to which they are assigned. 

10 ‘‘(b) TRAINING COMPONENTS.—Training described in 

11 subsection (a) should include— 

12 ‘‘(1) a station-specific threat analysis that in13 forms Border Patrol agents of the enforcement prior14 ities in the station to which they are assigned; 

15 ‘‘(2) a station-specific enforcement plan that sets 

16 out how Border Patrol agents will be deployed to meet 

17 those threats; 

18 ‘‘(3) border- and region-specific survival train19 ing to acclimate Border Patrol agents for operating 

20 in extreme weather and environmental conditions, es21 pecially in emergency situations; and 

22 ‘‘(4) communications training to ensure that 

23 Border Patrol agents are effectively and respectfully 

24 communicating with the public.’’. 

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

2 the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), 

3 as amended by section 503(b), is further amended by adding 

4 after the item relating to section 448 the following: 

‘‘Sec. 449. Enhance training for Border Patrol agents.’’. 

5 SEC. 505. OUTBOUND INSPECTIONS. 

6 (a) IN GENERAL.—Not later than 2 years after the 

7 date of enactment of this Act, the Secretary shall ensure 

8 that U.S. Customs and Border Protection has instituted an 

9 outbound inspections program at land, air, and maritime 

10 ports of entry. 

11 (b) PROGRAM COMPONENTS.—In executing the out12 bound inspections program under this section, the Secretary 

13 shall leverage existing resources and capabilities within the 

14 Department to— 

15 (1) ensure that risk-based outbound inspections 

16 are routinely conducted; 

17 (2) provide for the inspections to be conducted in 

18 a safe and efficient manner; 

19 (3) direct appropriate resources to areas that 

20 demonstrate a higher risk of outbound violations; 

21 (4) include a strategy for mitigating efforts by 

22 smuggling organizations to circumvent outbound in23 spections; and 

24 (5) collect information concerning aliens exiting 

25 the United States, pursuant to section 110 of division 

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1 C of the Omnibus Consolidated Appropriations Act, 

2 1997 (8 U.S.C. 1365a). 

3 (c) WAIT TIMES.—The Secretary shall ensure that out4 bound inspections carried out under this section do not add 

5 significantly to wait times for crossing the border. 

6 SEC. 506. SITUATIONAL AWARENESS OF THE NORTHERN 

7 BORDER. 

8 (a) DEFINITIONS.—In this section: 

9 (1) NORTHERN BORDER.—The term ‘‘northern 

10 border’’ means the land and maritime border between 

11 the United States and Canada. 

12 (2) SITUATIONAL AWARENESS.—The term ‘‘situa13 tional awareness’’ means the perception of activity at 

14 and between land, maritime, and air ports of entry 

15 into the United States. 

16 (b) PLAN.—Not later than 180 days after the date of 

17 enactment of this Act, the Secretary shall submit to the 

18 Committee on Homeland Security and Governmental Af19 fairs of the Senate and the Committee on Homeland Secu20 rity of the House of Representatives a plan for improving 

21 situational awareness over the northern border, including 

22 U.S. Customs and Border Protection’s ability to identify 

23 illegal entries. 

24 (c) PLAN CONTENTS.—The plan developed under sub25 section (b) shall include— 

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1 (1) an assessment of the assets or technologies 

2 currently deployed on the northern border; 

3 (2) a description of other assets or technologies 

4 that are needed to improve situational awareness over 

5 the northern border, including the ability to detect 

6 low-flying aircraft and suspicious small boat traffic; 

7 (3) steps that will be taken to increase informa8 tion sharing and coordination among law enforce9 ment agencies operating along the northern border; 

10 and 

11 (4) a description of how the Department of 

12 Homeland Security will coordinate with Federal, 

13 State, and local law enforcement and the Government 

14 of Canada to improve the detection of illegal entries 

15 across the northern border. 

16 SEC. 507. OFFICE OF INTERNATIONAL TRAVEL SECURITY 

17 AND SCREENING. 

18 (a) AMENDMENTS.— 

19 (1) IN GENERAL.—Subtitle C of title IV of the 

20 Homeland Security Act of 2002 (8 U.S.C. 231), as 

21 amended by section 214(a) of this Act, is amended by 

22 adding at the end the following: 

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1 ‘‘SEC. 431. OFFICE OF INTERNATIONAL TRAVEL SECURITY 

2 AND SCREENING. 

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

4 the Department an Office of International Travel Security 

5 and Screening, which shall be headed by the Assistant Sec6 retary for International Travel Security and Screening (re7 ferred to in this section as the ‘Assistant Secretary’), who 

8 shall be appointed by the President. 

9 ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT SEC10 RETARY.—The Assistant Secretary shall— 

11 ‘‘(1) have primary responsibility for— 

12 ‘‘(A) the integrated entry and exit data sys13 tem commonly known as ‘US–VISIT’, which was 

14 authorized under section 110 of Illegal Immigra15 tion Reform and Immigrant Responsibility Act 

16 of 1996 (8 U.S.C. 1365a); 

17 ‘‘(B) the visa waiver program authorized 

18 under section 217 of the Immigration and Na19 tionality Act (8 U.S.C. 1187); and 

20 ‘‘(C) the Screening Coordination Office, 

21 which shall be transferred from the Office of Pol22 icy; 

23 ‘‘(2) coordinate activities within the Department 

24 to identify, interdict, and prevent the travel of terror25 ists to the United States; and 

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1 ‘‘(3) develop a strategic plan for preventing the 

2 travel of terrorists to the United States, in consulta3 tion with other relevant Federal agencies. 

4 ‘‘(c) ANNUAL VISA OVERSTAY REPORT.— 

5 ‘‘(1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of the Department of Homeland 

7 Security Authorization Act of 2012, and annually 

8 thereafter through 2022, the Assistant Secretary shall 

9 submit a report to the Committee on Homeland Secu10 rity and Governmental Affairs of the Senate and the 

11 Committee on Homeland Security of the House of 

12 Representatives that details data collected, in accord13 ance with the National Institute of Standards and 

14 Technology’s protocols on statistical significance, con15 cerning individuals who overstayed the terms of their 

16 admission in that year, including— 

17 ‘‘(A) statistics on the nationality and visa 

18 class (including those traveling under the visa 

19 waiver program) of all individuals who over20 stayed their admission; 

21 ‘‘(B) statistics on the nationality and visa 

22 class (including those traveling under the visa 

23 waiver program) of individuals who overstayed 

24 their admission by 30 days or less, 180 days or 

25 less, 1 year or less, or for more than 1 year; and 

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1 ‘‘(C) the number of individuals who over2 stayed their admission and were subsequently 

3 apprehended, left the country, or transitioned to 

4 a new visa class.’’. 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents of the Homeland Security Act of 2002 (6 U.S.C. 

7 101 et seq.) is amended by striking the item relating 

8 to section 431 and inserting the following: 

‘‘Sec. 431. Office of International Travel Security and Screening.’’. 

9 (b) REVIEW OF AUTOMATED ENTRY AND EXIT SYS10 TEM.—The Assistant Secretary for International Travel Se11 curity and Screening shall— 

12 (1) develop a plan for implementing the biomet13 ric exit system required under section 217 of the Im14 migration and Nationality Act (8 U.S.C. 1187), in15 cluding a detailed time line; and 

16 (2) conduct a review of US–VISIT— 

17 (A) to ensure that all entry and exit records 

18 for air and sea passengers are being matched to 

19 accurately identify all visa overstays in a rig20 orous, science-based manner that meets applica21 ble standards for statistical significance provided 

22 by the National Institute of Standards and Tech23 nology; 

24 (B) to ensure that biographic exit data col25 lected by the outbound inspections program aumstockstill on DSK4VPTVN1PROD with 

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1 thorized under section 505 meets applicable 

2 standards for statistical significance provided by 

3 the National Institute of Standards and Tech4 nology; 

5 (C) to determine whether biographic exit 

6 data on visa overstay rates should be used in7 stead of visa denial rates to make decisions re8 garding the admittance of prospective member 

9 states into the Visa Waiver Program; and 

10 (D) to determine the feasibility of using 

11 entry data from foreign countries in order to col12 lect exit information on individuals who de13 parted the United States; and 

14 (3) not later than 270 days after the date of en15 actment of this Act, submit the results of the review 

16 conducted under paragraph (2) and the plan devel17 oped under paragraph (1) to the Committee on 

18 Homeland Security and Governmental Affairs of the 

19 Senate and the Committee on Homeland Security of 

20 the House of Representatives. 

21 (c) PLACEMENT WITHIN THE DEPARTMENT OF HOME22 LAND SECURITY.—Not later than 1 year after the date of 

23 enactment of this Act, the Secretary shall determine the po24 sition of the Office of International Travel Security and 

25 Screening within the Department of Homeland Security. 

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1 SEC. 508. VISA SECURITY. 

2 (a) IN GENERAL.— 

3 (1) IN GENERAL.—Subtitle D of title IV of the 

4 Homeland Security Act of 2002 (6 U.S.C. 251 et 

5 seq.), as amended by section 504(a), is further amend6 ed by adding at the end the following new section: 

7 ‘‘SEC. 449A. ELECTRONIC SYSTEMS FOR NOTIFICATION OF 

8 VISA DENIALS AND REVIEWING VISAS. 

9 ‘‘(a) ELECTRONIC SYSTEM FOR NOTIFYING AIRLINES

10 OF VISA DENIALS.— 

11 ‘‘(1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of the Department of Homeland 

13 Security Authorization Act of 2012, the Secretary of 

14 State, in cooperation with the Secretary, shall deploy 

15 an electronic system to notify airlines of the cancella16 tion of any traveler’s visa for entry into the United 

17 States. 

18 ‘‘(2) USE OF EXISTING SYSTEMS.—In deploying 

19 the system described in paragraph (1), the Secretary 

20 of State, in cooperation with the Secretary, shall, to 

21 the extent feasible, utilize the existing electronic pas22 senger manifest systems required under section 231 of 

23 the Immigration and Nationality Act (8 U.S.C. 1221) 

24 and section 44909 of title 49, United States Code, to 

25 notify airlines of a canceled visa. 

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1 ‘‘(b) ELECTRONIC SYSTEM FOR REMOTELY REVIEWING

2 VISAS.— 

3 ‘‘(1) DEVELOPMENT.—The Secretary, in con4 sultation with the Secretary of State, shall develop an 

5 electronic system for remotely reviewing visa applica6 tions and supporting documentation at diplomatic 

7 and consular posts at which visas are issued. 

8 ‘‘(2) SAVINGS PROVISION.—Nothing in this sub9 section may be construed as not requiring visa secu10 rity officers to be stationed at all visa adjudicating 

11 posts that are designated as high risk by the Sec12 retary.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents of the Homeland Security Act of 2002 (6 U.S.C. 

15 101 et seq.), as amended by section 504(b), is further 

16 amended by adding after the item relating to section 

17 449 the following: 

‘‘Sec. 449A. Electronic systems for notification of visa denials and reviewing 

visas.’’. 

18 (b) ISSUANCE OF VISAS AT DESIGNATED DIPLOMATIC

19 AND CONSULAR POSTS.—Section 428(i) of the Homeland 

20 Security Act of 2002 (6 U.S.C. 236(i)) is amended to read 

21 as follows: 

22 ‘‘(i) VISA ISSUANCE AT CONSULAR POSTS AND EMBAS23 SIES.— 

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1 ‘‘(1) STANDARD OPERATING PROCEDURES.—The 

2 Secretary, in coordination with the Secretary of 

3 State, shall institute standard operating procedures 

4 for the visa security program at all consular posts. 

5 ‘‘(2) MEDIATION.—The Secretary and the Sec6 retary of State shall create and implement a system 

7 for mediating disagreements about visa revocation de8 cisions between visa security officers and consular of9 ficers at posts, including designating senior officials 

10 at each Department to adjudicate disputes. 

11 ‘‘(3) POLICY REVIEW.—The Secretary, in coordi12 nation with the Secretary of State, shall review all 

13 policies relating to the issuing of visas to ensure that 

14 all individuals associated with terrorism are denied 

15 visas to travel to the United States. 

16 ‘‘(4) SECURITY OFFICERS.—The Secretary, in 

17 consultation with the Secretary of State, shall develop 

18 a plan for deploying visa security officers to all con19 sular posts determined to be high risk by the Sec20 retary.’’. 

21 (c) CLARIFYING CONGRESSIONAL INTENT IN THE

22 HOMELAND SECURITY ACT OF 2002.—Section 428(e)(6) of 

23 the Homeland Security Act of 2002 (6 U.S.C. 236(e)(6)) 

24 is amended to read as follows: 

25 ‘‘(6) TRAINING AND HIRING.— 

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1 ‘‘(A) TRAINING.—The Secretary shall re2 quire all employees of the Department assigned 

3 to perform functions described in paragraph (2), 

4 in advance of their deployments— 

5 ‘‘(i) to obtain training on the day-to6 day operations of a consular post at the Na7 tional Foreign Affairs Training Center, on 

8 a reimbursable basis; 

9 ‘‘(ii) to receive training in the foreign 

10 language of the post at which they will be 

11 assigned, unless they are already proficient 

12 in the foreign language; 

13 ‘‘(iii) to receive a course in interview 

14 and fraud detection techniques; 

15 ‘‘(iv) to be stationed, to the extent fea16 sible, for a minimum of 3 years in a post. 

17 ‘‘(B) PROMOTION PREFERENCES.—The Sec18 retary shall ensure that employees of the Depart19 ment assigned to perform functions described in 

20 subparagraph (A) be given preference in pro21 motions and in subsequent postings if they meet 

22 the minimum standards set by the Secretary for 

23 their performance.’’. 

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1 SEC. 509. REPORT ON BORDER SECURITY TASK FORCES, 

2 DRUG INTELLIGENCE CENTERS, AND STATE 

3 AND MAJOR URBAN AREA FUSION CENTERS. 

4 (a) IN GENERAL.—Not later than 270 days after the 

5 date of enactment of this Act, the Comptroller General of 

6 the United States shall— 

7 (1) conduct a study on interagency border secu8 rity task forces, drug intelligence and information 

9 sharing centers, and State and major urban area fu10 sion centers in States that have an international 

11 water border or are located on the international bor12 der between the United States and Mexico or the 

13 United States and Canada (in this section referred to 

14 as ‘‘border States’’); and 

15 (2) submit a report containing the results of the 

16 study conducted under paragraph (1) to the Com17 mittee on Homeland Security and Governmental Af18 fairs of the Senate and the Committee on Homeland 

19 Security of the House of Representatives. 

20 (b) CONTENTS.—The report submitted under sub21 section (a) shall— 

22 (1) detail— 

23 (A) the number of information sharing and 

24 intelligence centers that address counternarcotics; 

25 and 

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1 (B) the level and source of Federal funding 

2 for such centers; 

3 (2) detail— 

4 (A) the number of State and major urban 

5 area fusion centers in border States; and 

6 (B) the level and source of Federal funding 

7 for such centers; 

8 (3) detail— 

9 (A) the number of border-security-focused 

10 task forces that address human smuggling and 

11 counter terrorism activities; and 

12 (B) the level and source of Federal funding 

13 for such task forces; 

14 (4) evaluate— 

15 (A) the missions and functions of informa16 tion sharing and intelligence centers, State and 

17 major urban area fusion centers in border 

18 States, and interagency border security task 

19 forces; 

20 (B) the extent to which such centers and 

21 task forces are distinct or duplicative; and 

22 (C) whether there are any opportunities for 

23 consolidation or cost efficiencies; and 

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1 (5) analyze the views of selected entities that use 

2 information and products from such centers and task 

3 forces on— 

4 (A) the benefits provided by such centers 

5 and task forces; 

6 (B) the weaknesses in operations and focus 

7 areas of in such centers and task forces; and 

8 (C) any solutions or improvements from 

9 which such centers and task forces could benefit. 

10 SEC. 510. ENHANCED AGRICULTURE INSPECTION. 

11 (a) IN GENERAL.—Title IV of the Homeland Security 

12 Act of 2002 (6 U.S.C. 201 et seq.) is amended by inserting 

13 after section 421 the following: 

14 ‘‘SEC. 421A. AGRICULTURE SPECIALISTS. 

15 ‘‘(a) AGRICULTURE SPECIALIST CAREER TRACK.— 

16 ‘‘(1) IN GENERAL.—The Secretary, acting 

17 through the Commissioner of U.S. Customs and Bor18 der Protection— 

19 ‘‘(A) shall identify appropriate career paths 

20 for customs and border protection agriculture 

21 specialists, including the education, training, ex22 perience, and assignments necessary for career 

23 progression within U.S. Customs and Border 

24 Protection; 

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1 ‘‘(B) shall publish information on the career 

2 paths identified under subparagraph (A); and 

3 ‘‘(C) may establish criteria by which appro4 priately qualified customs and border protection 

5 technicians may be promoted to customs and 

6 border protection agriculture specialists. 

7 ‘‘(b) EDUCATION, TRAINING, AND EXPERIENCE.—The 

8 Secretary, acting through the Commissioner of U.S. Cus9 toms and Border Protection, shall provide customs and bor10 der protection agriculture specialists the opportunity to ac11 quire the education, training, and experience necessary to 

12 qualify for promotion within U.S. Customs and Border 

13 Protection. 

14 ‘‘(c) AGRICULTURE SPECIALIST RECRUITMENT AND

15 RETENTION.—Not later than 270 days after the date of en16 actment of the Department of Homeland Security Author17 ization Act of 2012, the Secretary, acting through the Com18 missioner of U.S. Customs and Border Protection, shall de19 velop a plan to more effectively recruit and retain qualified 

20 customs and border protection agriculture specialists. The 

21 plan shall include— 

22 ‘‘(1) numerical goals for recruitment and reten23 tion; and 

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1 ‘‘(2) the use of recruitment incentives, as appro2 priate and permissible under existing laws and regu3 lations. 

4 ‘‘(d) EQUIPMENT SUPPORT.—Not later than 270 days 

5 after the date of enactment of the Department of Homeland 

6 Security Authorization Act of 2012, the Commissioner of 

7 U.S. Customs and Border Protection shall— 

8 ‘‘(1) determine the minimum equipment and 

9 other resources that are necessary at U.S. Customs 

10 and Border Protection agriculture inspection stations 

11 and facilities to enable customs and border protection 

12 agriculture specialists to fully and effectively carry 

13 out their mission; 

14 ‘‘(2) complete an inventory of the equipment and 

15 other resources available at each U.S. Customs and 

16 Border Protection agriculture inspection station and 

17 facility; 

18 ‘‘(3) identify the necessary equipment and other 

19 resources that are not currently available at agri20 culture inspection stations and facilities; and 

21 ‘‘(4) develop a plan to address any resource defi22 ciencies identified under paragraph (3). 

23 ‘‘(e) INTERAGENCY ROTATION PROGRAM.—The Sec24 retary and the Secretary of Agriculture are authorized to 

25 enter into an agreement that— 

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1 ‘‘(1) establishes an interagency rotation pro2 gram; and 

3 ‘‘(2) provides for personnel of the Animal and 

4 Plant Health Inspection Service of the Department of 

5 Agriculture to take rotational assignments within 

6 U.S. Customs and Border Protection and vice versa 

7 for the purposes of strengthening working relation8 ships between agencies and promoting interagency ex9 perience.’’. 

10 (b) REPORT.—Not later than 270 days after the date 

11 of enactment of this Act, the Secretary, acting through the 

12 Commissioner of U.S. Customs and Border Protection, shall 

13 submit a report to the Committee on Homeland Security 

14 and Governmental Affairs of the Senate and the Committee 

15 on Homeland Security of the House of Representatives that 

16 describes— 

17 (1) the status of the implementation of the action 

18 plans developed by the Animal and Plant Health In19 spection Service-U.S. Customs and Border Protection 

20 Joint Task Force on Improved Agriculture Inspection; 

21 (2) the findings of the Commissioner under para22 graphs (1), (2), and (3) of section 421A(d) of the 

23 Homeland Security Act of 2002, as added by sub24 section (a); 

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1 (3) the plan described in paragraph (4) of such 

2 section 421A(d); 

3 (4) the implementation of the remaining require4 ments under such section 421A; and 

5 (5) any additional legal authority that the Sec6 retary determines to be necessary to effectively carry 

7 out the agriculture inspection mission of the Depart8 ment. 

9 (c) TECHNICAL AND CONFORMING AMENDMENT.—The 

10 table of contents in section 1(b) of the Homeland Security 

11 Act of 2002 (6 U.S.C. 101(b)) is amended by inserting after 

12 the item relating to section 420 the following: 

‘‘Sec. 421A. Agriculture specialists.’’. 

13 SEC. 511. REPORT ON STATUS OF UNOBLIGATED BALANCES 

14 IN U.S. CUSTOMS AND BORDER PROTECTION 

15 CUSTOMS USER FEE ACCOUNT. 

16 Not later than 90 days after the date of enactment of 

17 this Act, the Secretary shall submit a report to the Com18 mittee on Homeland Security and Governmental Affairs of 

19 the Senate and the Committee on Homeland Security of the 

20 House of Representatives regarding the status of 

21 $640,000,000 in unobligated balances in the Customs User 

22 Fee Account, as reported by the Government Accountability 

23 Office in report GAO–11–318SP. The Secretary’s report 

24 shall include a final determination on the total amount of 

25 unobligated balances available. 

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1 SEC. 512. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. 

2 (a) IN GENERAL.—Not later than 1 year after the date 

3 of enactment of this Act, the Comptroller General of the 

4 United States shall submit a report to the Committee on 

5 Homeland Security and Governmental Affairs of the Senate 

6 and the Committee on Homeland Security of the House of 

7 Representatives that analyzes the effectiveness of the offices 

8 and programs at the Department of Homeland Security 

9 that promote integrity and investigate allegations of mis10 conduct at U.S. Customs and Border Protection (CBP) and 

11 U.S. Immigration and Customs Enforcement (ICE). 

12 (b) CONTENTS.—The report submitted under sub13 section (a) shall include— 

14 (1) an evaluation of the scope and level of cor15 ruption activities, including investigations, arrests, 

16 terminations, prosecutions, and convictions, within 

17 the CBP and ICE workforces; 

18 (2) a description of the Department’s efforts— 

19 (A) to promote integrity and profes20 sionalism, including staffing involved in such ef21 forts; 

22 (B) to train the workforce about ethical 

23 standards and integrity responsibilities; and 

24 (C) to investigate allegations of misconduct 

25 within CBP and ICE, including coordinating 

26 such investigations among Federal agencies; 

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1 (3) an analysis of the effectiveness of the integ2 rity and training efforts described in paragraph (2), 

3 initiatives to incorporate lessons learned from pre4 vious cases, and any inefficiencies or redundancies in 

5 integrity or investigative programs at the Depart6 ment; 

7 (4) the Federal funding— 

8 (A) associated with preventing corruption 

9 in CBP and ICE; and 

10 (B) lost as a result of CBP and ICE per11 sonnel being removed from their official duties 

12 for corruption; and 

13 (5) any recommendations to improve the integ14 rity and professionalism of the CBP and ICE work15 force and the offices that oversee such activities and 

16 investigations at the Department. 

17 SEC. 513. BORDER SECURITY ON CERTAIN FEDERAL LAND. 

18 (a) DEFINITIONS.—In this section: 

19 (1) FEDERAL LANDS.—The term ‘‘Federal lands’’ 

20 includes all land, including a component of the Na21 tional Wilderness Preservation System, under the con22 trol of the Secretary concerned that is located within 

23 100 miles of the international border between the 

24 United States and Mexico. 

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1 (2) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) with respect to land under the jurisdic4 tion of the Secretary of Agriculture, the Sec5 retary of Agriculture; and 

6 (B) with respect to land under the jurisdic7 tion of the Secretary of the Interior, the Sec8 retary of the Interior. 

9 (b) SUPPORT FOR BORDER SECURITY NEEDS.— 

10 (1) IN GENERAL.—To achieve operational control 

11 of Federal lands— 

12 (A) the Secretary concerned shall authorize 

13 and provide U.S. Customs and Border Protec14 tion personnel with immediate access to Federal 

15 lands for security activities, including— 

16 (i) routine motorized patrols; and 

17 (ii) the deployment of temporary tac18 tical infrastructure and surveillance and 

19 detection equipment; and 

20 (B) the security activities described in sub21 paragraph (A) shall be conducted, to the max22 imum extent practicable, in a manner that the 

23 Secretary determines will best protect the nat24 ural and cultural resources on Federal lands. 

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1 (c) INVENTORY OF COSTS AND ACTIVITIES.—The Sec2 retary shall— 

3 (1) coordinate with the Secretary concerned to 

4 develop and annually update an inventory of costs in5 curred by the agencies relating to illegal border activ6 ity on Federal lands; and 

7 (2) annually submit the inventory developed 

8 under paragraph (1) to— 

9 (A) the Committee on Homeland Security 

10 and Governmental Affairs of the Senate; 

11 (B) the Committee on the Judiciary of the 

12 Senate; 

13 (C) the Committee on Appropriations of the 

14 Senate; 

15 (D) the Committee on Homeland Security 

16 of the House of Representatives; 

17 (E) the Committee on the Judiciary of the 

18 House of Representatives; and 

19 (F) the Committee on Appropriations of the 

20 House of Representatives. 

21 (d) INTERMINGLED PRIVATE AND STATE LAND.—This 

22 section shall not apply to any private or State owned land 

23 within the boundaries of Federal lands. 

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1 SEC. 514. Z BACKSCATTER VAN TECHNOLOGY REPORT. 

2 (a) IN GENERAL.—Not later than 1 year after the date 

3 of enactment of this Act, the Secretary shall submit to the 

4 Committee on Homeland Security and Governmental Af5 fairs of the Senate and the Committee on Homeland Secu6 rity of the House of Representatives a report that details 

7 the use of Z Backscatter Van technology (referred to in this 

8 section as ‘‘ZBV’’) by the Department. 

9 (b) CONTENTS.—The report submitted under sub10 section (a) shall include— 

11 (1) a list of agencies and offices within the De12 partment that use ZBV; 

13 (2) information regarding detection capabilities 

14 of ZBV, including any statistics regarding rates of 

15 detection of contraband or illegal goods or substances; 

16 (3) the privacy protections used by the Depart17 ment to prevent the inappropriate use of ZBV, in18 cluding privacy training given to ZBV operators; and 

19 (4) information regarding any complaints or 

20 lawsuits filed against the Department regarding the 

21 use of ZBV. 

22 (c) CLASSIFIED ANNEX.—The report may include a 

23 classified annex. 

24 SEC. 515. REFUGEE STATUS REPORT. 

25 Not later than 1 year after the date of enactment of 

26 this Act, the Secretary shall submit a report to the Commstockstill on DSK4VPTVN1PROD with 

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1 mittee on Homeland Security and Governmental Affairs of 

2 the Senate and the Committee on Homeland Security of the 

3 House of Representatives that identifies the number of refu4 gees that applied for legal permanent resident status and 

5 the number of refugees that did not apply for legal perma6 nent resident status, broken down by current legal status 

7 and country of origin. 

8 TITLE VI—INTELLIGENCE AND 

9 INFORMATION-SHARING PRO10 VISIONS 

11 SEC. 601. AUTHORIZATION OF INTELLIGENCE ACTIVITIES. 

12 (a) IN GENERAL.—Funds authorized or made avail13 able for intelligence activities of the Department are deemed 

14 to be specifically authorized by the Congress for purposes 

15 of section 504 of the National Security Act of 1947 (50 

16 U.S.C. 414) during fiscal year 2012. 

17 (b) RULE OF CONSTRUCTION.—The authorization 

18 under this Act for intelligence activities of the Department 

19 shall not be deemed to constitute authority for the conduct 

20 of any intelligence activity which is not otherwise author21 ized by the Constitution or the laws of the United States. 

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1 SEC. 602. CLASSIFIED NATIONAL SECURITY INFORMATION 

2 PROGRAM FOR STATES, LOCAL GOVERN3 MENTS, INDIAN TRIBES, AND PRIVATE SEC4 TOR ENTITIES. 

5 (a) IN GENERAL.—Subtitle A of title II of the Home6 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amended 

7 by adding at the end the following: 

8 ‘‘SEC. 210G. CLASSIFIED NATIONAL SECURITY INFORMA9 TION PROGRAM FOR STATES, LOCAL GOVERN10 MENTS, INDIAN TRIBES, AND PRIVATE SEC11 TOR ENTITIES. 

12 ‘‘(a) DEFINITIONS.—In this section— 

13 ‘‘(1) the term ‘classified information’ means in14 formation that is classified under Executive Order 

15 13526 (75 Fed. Reg. 707) or any successor thereto; 

16 and 

17 ‘‘(2) the term ‘Program’ means the Classified 

18 National Security Information Program established 

19 under subsection (b). 

20 ‘‘(b) ESTABLISHMENT.—There is established a Classi21 fied National Security Information Program, which shall 

22 be designed to safeguard and govern access to classified in23 formation shared by the Federal Government with States, 

24 local governments, Indian tribes, and private sector entities. 

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1 ‘‘(c) RESPONSIBILITIES OF THE SECRETARY.—The 

2 Secretary shall manage the Program and be responsible 

3 for— 

4 ‘‘(1) oversight of the Program; 

5 ‘‘(2) accreditation, periodic inspection, and mon6 itoring of all facilities where classified information is 

7 used or store that are owned or operated by a State, 

8 local government, or Indian tribe, unless there is an 

9 agreement in effect between another executive agency 

10 and the Secretary to perform some or all of these 

11 functions; 

12 ‘‘(3) upon request by the head of an executive 

13 agency, processing an application for a security clear14 ance for an employee of a State, local government, In15 dian tribe, or private entity, which shall be processed 

16 on a reimbursable basis unless determined otherwise 

17 by the Secretary and the head of the executive agency 

18 making the request; 

19 ‘‘(4) in consultation with the Director of the Of20 fice of Personnel Management, the Secretary of De21 fense, and the Director of National Intelligence, docu22 menting and tracking the final status of all applica23 tions for a security clearance for an employee of a 

24 State, local government, Indian tribe, or private enti25 ty; 

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1 ‘‘(5) developing and maintaining a security pro2 file of facilities owned or operated by a State, local 

3 government, or Indian tribe that have access to classi4 fied information; 

5 ‘‘(6) developing training for all employees of a 

6 State, local government, Indian tribe, or private enti7 ty who have been determined eligible for access to 

8 classified information, which shall address the proper 

9 safeguarding of classified information and sanctions 

10 for unauthorized disclosure of classified information; 

11 and 

12 ‘‘(7) any other responsibilities provided to the 

13 Secretary by the President. 

14 ‘‘(d) ANNUAL REPORT.— 

15 ‘‘(1) IN GENERAL.—Not later than December 31, 

16 2012, and every year thereafter until December 31, 

17 2024, the Secretary shall submit to the Committee on 

18 Homeland Security and Governmental Affairs of the 

19 Senate and the Committee on Homeland Security of 

20 the House of Representatives a report of the activities 

21 of the Department under Executive Order 13549, or 

22 any successor thereto, and this section. 

23 ‘‘(2) REQUIREMENTS OF ANNUAL REPORT.— 

24 Each annual report under paragraph (1) shall in25 clude— 

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1 ‘‘(A) a general description of the progress 

2 made in satisfying the requirements under this 

3 section and under Executive Order 13549, or 

4 any successor thereto; 

5 ‘‘(B) a description of funds expended by the 

6 Department to carry out this section and to 

7 carry out Executive Order 13549, or any suc8 cessor thereto; 

9 ‘‘(C) annual statistical information on the 

10 Program, including— 

11 ‘‘(i) the number of employees of a 

12 State, local government, Indian tribe, or 

13 private entity for whom an application for 

14 a security clearance was submitted to the 

15 Federal Government; 

16 ‘‘(ii) the number of security clearance 

17 applications processed under the Program; 

18 and 

19 ‘‘(iii) the number of facilities described 

20 in subsection (c)(2); 

21 ‘‘(D) a description of the training carried 

22 out under the Program; 

23 ‘‘(E) information regarding performance 

24 measures under the Program; 

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1 ‘‘(F) an assessment of whether executive 

2 agencies are complying with the security clear3 ance reciprocity requirement under section 1.3(c) 

4 of Executive Order 13549, or any successor there5 to; 

6 ‘‘(G) information relating to the inspection 

7 and monitoring of facilities described in sub8 section (c)(2), including information on security 

9 violations discovered as a result of the inspection 

10 and monitoring; and 

11 ‘‘(H) an assessment of any counterintel12 ligence threats and risks associated with the Pro13 gram. 

14 ‘‘(3) CONSISTENCY.—To the extent possible, each 

15 report submitted under paragraph (1) shall be con16 sistent in the collection and analysis of relevant sta17 tistical information and the use of performance meas18 ures. 

19 ‘‘(4) CLASSIFICATION.—Each report submitted 

20 under paragraph (1) shall be in unclassified form, 

21 but may include a classified annex. 

22 ‘‘(e) REPORT ON SECURITY CLEARANCE VERIFICATION

23 PROCESSES.—Not later than 1 year after the date of enact24 ment of this section, the Secretary, in coordination with 

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1 ligence, and the Director of the Office of Personnel Manage2 ment, shall submit to the Committee on Homeland Security 

3 and Governmental Affairs of the Senate and the Committee 

4 on Homeland Security of the House of Representatives a 

5 report on the activities conducted by the Federal Govern6 ment to support the efficient management and verification 

7 of security clearances, including by employees of States, 

8 local governments, Indian tribes, and private sector enti9 ties.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

11 table of contents under section 1(b) of the Homeland Secu12 rity Act of 2002 (6 U.S.C. 101(b)) is amended by inserting 

13 after the item relating to section 210F the following: 

‘‘Sec. 210G. Classified National Security Information Program for States, local 

governments, Indian tribes, and private sector entities.’’. 

14 SEC. 603. FLEXIBLE PERSONNEL MANAGEMENT AT THE OF15 FICE OF INTELLIGENCE AND ANALYSIS. 

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

17 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

18 section 845 the following: 

19 ‘‘SEC. 846. AUTHORITY FOR FLEXIBLE PERSONNEL MAN20 AGEMENT AT THE OFFICE OF INTELLIGENCE 

21 AND ANALYSIS. 

22 ‘‘(a) AUTHORITY TO ESTABLISH POSITIONS IN EX23 CEPTED SERVICE.— 

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1 ‘‘(1) IN GENERAL.—With the concurrence of the 

2 Director of National Intelligence and in coordination 

3 with the Director of the Office of Personnel Manage4 ment, the Secretary may— 

5 ‘‘(A) convert such competitive service posi6 tions, and the incumbents of such positions, 

7 within the Office of Intelligence and Analysis to 

8 excepted service positions as the Secretary deter9 mines are necessary to carry out the intelligence 

10 functions of the Department; and 

11 ‘‘(B) establish new positions within the Of12 fice of Intelligence and Analysis in the excepted 

13 service, if the Secretary determines such posi14 tions are necessary to carry out the intelligence 

15 functions of the Department. 

16 ‘‘(2) CLASSIFICATION AND PAY RANGES.—In co17 ordination with the Director of National Intelligence, 

18 the Secretary may establish the classification and 

19 ranges of rates of basic pay for any position converted 

20 under paragraph (1)(A) or established under para21 graph (1)(B), notwithstanding otherwise applicable 

22 laws governing the classification and rates of basic 

23 pay for such positions. 

24 ‘‘(3) APPOINTMENT AND COMPENSATION.—The 

25 Secretary may appoint individuals for service in pomstockstill on DSK4VPTVN1PROD with 

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1 sitions converted under paragraph (1)(A) or estab2 lished under paragraph (1)(B) without regard to the 

3 provisions of chapter 33 of title 5, United States 

4 Code, governing appointments in the competitive serv5 ice, and may fix the compensation of such individuals 

6 within the applicable ranges of rates of basic pay es7 tablished under paragraph (2). 

8 ‘‘(4) LOCALITY-BASED COMPARABILITY PAY9 MENTS.—Locality-based comparability payments 

10 under section 5304 of title 5, United States Code, 

11 may be made to employees appointed to positions 

12 converted under paragraph (1)(A) or established 

13 under paragraph (1)(B) at a rate established under 

14 that section, notwithstanding the limitation under 

15 subsection (g) of that section. 

16 ‘‘(5) MAXIMUM RATE OF BASIC PAY.—The max17 imum rate of basic pay the Secretary may establish 

18 under this subsection is the rate for level III of the 

19 Executive Schedule under section 5314 of title 5, 

20 United States Code. 

21 ‘‘(b) EXTENSION OF FLEXIBLE PERSONNEL MANAGE22 MENT AUTHORITIES.— 

23 ‘‘(1) DEFINITIONS.—In this subsection— 

24 ‘‘(A) the term ‘compensation authority’— 

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1 ‘‘(i) means authority involving basic 

2 pay (including position classification), pre3 mium pay, awards, bonuses, incentives, al4 lowances, differentials, student loan repay5 ments, and special payments; and 

6 ‘‘(ii) shall not include— 

7 ‘‘(I) authorities relating to bene8 fits such as leave, severance pay, retire9 ment, and insurance; 

10 ‘‘(II) authority to grant a rank 

11 award by the President under section 

12 4507, 4507a, or 3151(c) of title 5, 

13 United States Code, or any other pro14 vision of law; or 

15 ‘‘(III) compensation authorities 

16 and performance management authori17 ties provided under provisions of law 

18 relating to the Senior Executive Serv19 ice or under section 5376 of title 5, 

20 United States Code (relating to senior21 level and scientific or professional posi22 tions); and 

23 ‘‘(B) the term ‘intelligence community’ has 

24 the meaning given under section 3(4) of the Na25 tional Security Act of 1947 (50 U.S.C. 401a(4)). 

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1 ‘‘(2) AUTHORITY.— 

2 ‘‘(A) IN GENERAL.—Notwithstanding any 

3 other provision of law, in order to ensure the eq4 uitable treatment of employees across the intel5 ligence community— 

6 ‘‘(i) except for matters referred to in 

7 clause (ii), the Secretary, with the concur8 rence of the Director of National Intel9 ligence, may authorize the Office of Intel10 ligence and Analysis to adopt compensation 

11 authority, performance management author12 ity, and scholarship authority that have 

13 been authorized for another element of the 

14 intelligence community if the Secretary and 

15 the Director of National Intelligence deter16 mine that the adoption of that authority 

17 would improve the management and per18 formance of the intelligence community; and 

19 ‘‘(ii) for those matters that fall under 

20 the responsibilities of the Office of Personnel 

21 Management under statute or executive 

22 order, the Secretary, in coordination with 

23 the Director of the Office of Personnel Man24 agement, may authorize the Office of Intel25 ligence and Analysis to adopt compensation 

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1 authority, performance management author2 ity, and scholarship authority that have 

3 been authorized for another element of the 

4 intelligence community if the Secretary, in 

5 coordination with the Director of the Office 

6 of Personnel Management, determines that 

7 the adoption of that authority would im8 prove the management and performance of 

9 the intelligence community. 

10 ‘‘(B) NOTICE.—Not later than 60 days be11 fore an authority adopted under subparagraph 

12 (A) is to take effect, the Secretary shall submit 

13 notice of the adoption of that authority by the 

14 Office of Intelligence and Analysis, including the 

15 authority to be so adopted, and an estimate of 

16 the costs associated with the adoption of that au17 thority to— 

18 ‘‘(i) the Committee on Homeland Secu19 rity and Governmental Affairs of the Senate 

20 and the Select Committee on Intelligence of 

21 the Senate; and 

22 ‘‘(ii) the Committee on Homeland Se23 curity of the House of Representatives and 

24 the Permanent Select Committee on Intel25 ligence of the House of Representatives. 

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1 ‘‘(3) EQUIVALENT APPLICATION OF COMPENSA2 TION AUTHORITY.—To the extent that a compensation 

3 authority within the intelligence community is lim4 ited to a particular category of employees or a par5 ticular situation, the authority may be adopted by the 

6 Office of Intelligence and Analysis under this sub7 section only for employees in an equivalent category 

8 or in an equivalent situation.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

10 table of contents in section 1(b) of the Homeland Security 

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

12 after the item relating to section 845 the following: 

‘‘Sec. 846. Authority for flexible personnel management at the Office of Intelligence and Analysis.’’. 

13 SEC. 604. UNDER SECRETARY FOR INTELLIGENCE AND 

14 ANALYSIS TECHNICAL CORRECTION. 

15 Section 103(a) of the Homeland Security Act of 2002 

16 (6 U.S.C. 113(a)) is amended— 

17 (1) by redesignating paragraphs (9) and (10) as 

18 paragraphs (10) and (11), respectively; and 

19 (2) by inserting after paragraph (8) the fol20 lowing: 

21 ‘‘(9) An Under Secretary for Intelligence and 

22 Analysis.’’. 

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1 SEC. 605. FUSION CENTER FUNDING REPORT. 

2 Not later than 60 days after the end of fiscal year 

3 2012, and each fiscal year thereafter through fiscal year 

4 2016, the Secretary shall submit to the Committee on 

5 Homeland Security and Governmental Affairs of the Senate 

6 and the Committee on Homeland Security of the House of 

7 Representatives a report detailing the amount of Federal 

8 funds provided, directly or indirectly, to each State and 

9 major urban area fusion center during that fiscal year. 

10 SEC. 606. REPORT ON FUSION CENTERS. 

11 (a) IN GENERAL.—Not later than 270 days after the 

12 date of enactment of this Act, the Comptroller General of 

13 the United States 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 Rep16 resentatives a report evaluating the process, or feasibility 

17 of developing a process, under which the Office of Intel18 ligence and Analysis assesses the results achieved from the 

19 award of grants that support the activities of State and 

20 major urban area fusion centers, which could be used as 

21 a means of determining the return on investment for the 

22 Federal Government in terms of added homeland security 

23 protection. 

24 (b) CONTENTS.—The report submitted under sub25 section (a) shall discuss whether the Office of Intelligence 

26 and Analysis has, or could develop, a process that— 

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1 (1) establishes and requires reporting relating to 

2 measurable results each State and major urban area 

3 fusion center is expected to achieve with grant fund4 ing, including addressing gaps in critical baseline ca5 pabilities (such as improved analytical capabilities) 

6 or attaining a homeland security outcome (such as 

7 helping to identify a potential threat); 

8 (2) establishes annual performance targets to9 wards achieving the measurable results described in 

10 paragraph (1); 

11 (3) allows the Office to— 

12 (A) review how State and major urban area 

13 fusion centers propose to use grant funds; 

14 (B) evaluate the activities of State and 

15 major urban area fusion centers; and 

16 (C) assess whether State and major urban 

17 area fusion centers are using grant funds to 

18 achieve priority capabilities; 

19 (4) establishes a means to track and measure 

20 progress towards achieving performance targets and 

21 expected results, based on consistent and reliable data 

22 from State and major urban area fusion centers and 

23 individuals and entities most affected by the activities 

24 of State and major urban area fusion centers; and 

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1 (5) assesses progress and results achieved by 

2 State and major urban area fusion centers and uses 

3 this information to inform decisions regarding grant 

4 funding. 

5 SEC. 607. GAO REPORT ON ANALYTICAL CAPABILITIES. 

6 Not later than 1 year after the date of enactment of 

7 this Act, the Comptroller General of the United States shall 

8 submit to the Committee on Homeland Security and Gov9 ernmental Affairs of the Senate and the Committee on 

10 Homeland Security of the House of Representatives an un11 classified report on the analytical capabilities of the De12 partment in the area of intelligence, including at intel13 ligence offices within the operational components of the De14 partment, which shall include— 

15 (1) an analysis of the reliance on contractors by 

16 the Department for intelligence analysis; 

17 (2) a description of whether the Department de18 velops analysts with the proper level of specialization; 

19 (3) a description of— 

20 (A) whether parts of the intelligence anal21 ysis organization of the Department overlap or 

22 are duplicative; and 

23 (B) whether there are any gaps in intel24 ligence analysis within the Department; and 

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1 (4) a description of the accuracy and usefulness 

2 of the analytical products produced by the Depart3 ment. 

4 SEC. 608. AUDIT ON PRIVACY AND CIVIL LIBERTIES AND UP5 DATE ON PRIVACY AND CIVIL LIBERTIES IM6 PACT ASSESSMENTS. 

7 (a) INSPECTOR GENERAL AUDIT.—Not later than 1 

8 year after the date of enactment of this Act, the Inspector 

9 General of the Department shall— 

10 (1) conduct an audit on the activities of the De11 partment to ensure that State and local fusion centers 

12 take appropriate measures to protect privacy and 

13 civil liberties, including through the implementation 

14 of training programs and support for the development 

15 of fusion center privacy policies; and 

16 (2) submit a report on the results of that audit 

17 to the Homeland Security and Governmental Affairs 

18 Committee of the Senate and the Committee on 

19 Homeland Security of the House of Representatives. 

20 (b) PRIVACY IMPACT ASSESSMENT.—Not later than 

21 180 days after the date of enactment of this Act, the Privacy 

22 Officer of the Department shall— 

23 (1) update the Privacy Impact Assessment for 

24 the State, Local, and Regional Fusion Center Initia25 tive completed in 2008 in accordance with the remstockstill on DSK4VPTVN1PROD with 

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1 quirements of section 511(d)(2) of the Implementing 

2 Recommendations of the 9/11 Commission Act of 2007 

3 in order to reflect the evolution of State and local fu4 sion centers since that date; and 

5 (2) submit the updated assessment to the Home6 land Security and Governmental Affairs Committee 

7 of the Senate and the Committee on Homeland Secu8 rity of the House of Representatives. 

9 (c) CIVIL LIBERTIES IMPACT ASSESSMENT.—Not later 

10 than 180 days after the date of enactment of this Act, the 

11 Officer for Civil Liberties and Civil Rights of the Depart12 ment shall— 

13 (1) update the Civil Liberties Impact Assessment 

14 for the State, Local and Regional Fusion Center Ini15 tiative completed in 2008 in accordance with the re16 quirements of section 511(d)(2) of the Implementing 

17 Recommendations of the 9/11 Commission Act of 2007 

18 in order to reflect the evolution of State and local fu19 sion centers since that date; and 

20 (2) submit the updated assessment to the Home21 land Security and Governmental Affairs Committee 

22 of the Senate and the Committee on Homeland Secu23 rity of the House of Representatives. 

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1 TITLE VII—SCIENCE AND 

2 TECHNOLOGY PROVISIONS 

3 SEC. 701. DIRECTORATE OF SCIENCE AND TECHNOLOGY. 

4 (a) IN GENERAL.— 

5 (1) DIRECTORATE.—Title III of the Homeland 

6 Security Act of 2002 (6 U.S.C. 181 et seq.), is amend7 ed by striking section 301 and inserting the following: 

8 ‘‘SEC. 301. DIRECTORATE OF SCIENCE AND TECHNOLOGY. 

9 ‘‘(a) IN GENERAL.—There shall be in the Department 

10 a Directorate of Science Technology headed by an Under 

11 Secretary for Science and Technology. 

12 ‘‘(b) RESPONSIBILITIES.—The Directorate of Science 

13 and Technology shall serve as the primary research, devel14 opment, testing, and evaluation agency in the Depart15 ment.’’. 

16 (2) TECHNICAL AND CONFORMING AMEND17 MENT.—The table of contents in section 1(b) of the 

18 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 

19 is amended by striking the item relating to section 

20 301 and inserting the following: 

‘‘Sec. 301. Directorate of Science and Technology.’’. 

21 (b) RESPONSIBILITIES AND AUTHORITIES.—Section 

22 302 of the Homeland Security Act of 2002 (6 U.S.C. 182) 

23 is amended— 

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1 (1) in paragraph (5)(A), by striking the second 

2 comma after ‘‘biological’’ and inserting ‘‘radiological, 

3 nuclear,’’; 

4 (2) in paragraph (12), by inserting ‘‘, including 

5 conducting strategic planning and providing tech6 nical assistance for such activities within the Depart7 ment’’ after ‘‘activities of the Department’’; 

8 (3) in paragraph (13), by striking ‘‘and’’ at the 

9 end; 

10 (4) in paragraph (14), by striking the period 

11 and inserting ‘‘; and’’; and 

12 (5) by adding after paragraph (14) the fol13 lowing: 

14 ‘‘(15) supporting the acquisition of technologies 

15 and systems by the Department by providing— 

16 ‘‘(A) the Secretary with independent assess17 ments; and 

18 ‘‘(B) technical assistance within the Depart19 ment for development, testing, and evaluation; 

20 ‘‘(16) conducting strategic planning within the 

21 Department for basic, advanced, and applied research 

22 and development; and 

23 ‘‘(17) providing technical assistance within the 

24 Department for the development, testing, evaluation, 

25 and acquisition of technologies.’’. 

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1 (c) HOMELAND SECURITY ADVANCED RESEARCH

2 PROJECTS.—Section 307(b)(3)(B) of the Homeland Secu3 rity Act of 2002 (6 U.S.C. 187(b)(3)(B)) is amended by 

4 inserting ‘‘to strengthen border and maritime security, 

5 cyber security, aviation security, transportation security, 

6 catastrophic response and recovery capabilities, and other 

7 homeland security missions’’ after ‘‘technologies’’. 

8 SEC. 702. DIRECTOR OF TESTING AND EVALUATION. 

9 Section 308 of the Homeland Security Act of 2002 (6 

10 U.S.C. 188) is amended by adding at the end the following: 

11 ‘‘(d) DIRECTOR OF TESTING AND EVALUATION.— 

12 ‘‘(1) DEFINITION.—In this subsection, the term 

13 ‘operational testing and evaluation activity’ means— 

14 ‘‘(A) any field test, under realistic condi15 tions, of technologies, equipment, or systems for 

16 the purpose of determining the performance, ef17 fectiveness, and operational suitability of the 

18 technologies, equipment, or systems for use by the 

19 Department; and 

20 ‘‘(B) the evaluation of the results of such 

21 tests against established operational require22 ments. 

23 ‘‘(2) ESTABLISHMENT.—There is established in 

24 the Directorate of Science and Technology a Director 

25 of Testing and Evaluation. 

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1 ‘‘(3) RESPONSIBILITIES, AUTHORITIES, AND

2 FUNCTIONS.— 

3 ‘‘(A) PRINCIPLE ADVISER.—The Director of 

4 Testing and Evaluation is the principal adviser 

5 to the Under Secretary for Science and Tech6 nology for all testing and evaluation, including 

7 operational testing and evaluation activities in 

8 the Department. 

9 ‘‘(B) OTHER RESPONSIBILITIES, AUTHORI10 TIES, AND FUNCTIONS.—The Director of Testing 

11 and Evaluation shall— 

12 ‘‘(i) establish testing and evaluation 

13 policies, procedures, standards and practices 

14 for the Department; 

15 ‘‘(ii) monitor and review all oper16 ational testing and evaluation activities 

17 within the Department; and 

18 ‘‘(iii) provide support to the Acquisi19 tion Review Board, established under sec20 tion 836, including by preparing a Letter of 

21 Assessment for any investment reviewed by 

22 the Acquisition Review Board, that sets 

23 forth an assessment of the technology and 

24 the testing and evaluation activity. 

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1 ‘‘(C) ACCESS TO INFORMATION.—The Direc2 tor of Testing and Evaluation— 

3 ‘‘(i) shall have access to all acquisition 

4 records and data within the Department 

5 that the Director determines are necessary 

6 to carry out the duties authorized under 

7 this subsection; 

8 ‘‘(ii) may designate observers to be 

9 present during the preparation for, and the 

10 execution of, any operational testing and 

11 evaluation activity within the Department; 

12 and 

13 ‘‘(iii) shall have prompt access to the 

14 results of any operational testing and eval15 uation activity.’’. 

16 SEC. 703. FIVE-YEAR RESEARCH AND DEVELOPMENT IN17 VESTMENT PLAN; TECHNOLOGY READINESS 

18 ASSESSMENT PROCESS; AND AVAILABILITY 

19 OF TESTING FACILITIES AND EQUIPMENT. 

20 Title III of the Homeland Security Act of 2002 (6 

21 U.S.C. 181 et seq.) is amended by inserting after section 

22 318, as added by section 414(a), the following: 

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1 ‘‘SEC. 319. FIVE-YEAR RESEARCH AND DEVELOPMENT IN2 VESTMENT PLAN. 

3 ‘‘(a) DEFINITION.—In this section the term ‘Plan’ 

4 means the Five-year Research and Development Investment 

5 Plan developed under this section. 

6 ‘‘(b) IN GENERAL.—Acting through the Under Sec7 retary of Science and Technology, the Secretary shall de8 velop a Five-Year Research and Development Investment 

9 Plan that shall guide all expenditures by the Department 

10 for basic, advanced, or applied research and technology de11 velopment activities. 

12 ‘‘(c) CONTENTS.—The Plan shall— 

13 ‘‘(1) set forth anticipated annual expenditures 

14 for each fiscal year from 2012 through 2017; 

15 ‘‘(2) set forth annual milestones and objectives 

16 that shall be— 

17 ‘‘(A) for all basic, advanced, applied re18 search and development; and 

19 ‘‘(B) aligned with the operational require20 ments of the Department, including the improve21 ment and development of technologies to— 

22 ‘‘(i) combat chemical, biological, nu23 clear, and radiological and high-explosive 

24 terrorist attacks; 

25 ‘‘(ii) strengthen border and maritime 

26 security, cyber security, aviation security, 

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1 transportation security, and response and 

2 recovery capabilities; and 

3 ‘‘(iii) address other needs as deter4 mined by the Secretary; and 

5 ‘‘(3) take into account the operational require6 ments of State and local governments. 

7 ‘‘(d) SUBMISSIONS OF THE PLAN AND UPDATES.— 

8 ‘‘(1) INITIAL PLAN.—Not later than 180 days 

9 after the date of enactment of the Department of 

10 Homeland Security Authorization Act of 2012, the 

11 Secretary shall submit the Plan to the Committee on 

12 Homeland Security and Government Affairs of the 

13 Senate and the Committee on Homeland Security of 

14 the House of Representatives. 

15 ‘‘(2) ANNUAL UPDATES.—The Secretary shall 

16 submit an annual update of the Plan that sets forth 

17 each expenditure in the preceding fiscal year to the 

18 Committee on Homeland Security and Government 

19 Affairs of the Senate and the Committee on Home20 land Security of the House of Representatives. 

21 ‘‘SEC. 320. ESTABLISHING A TECHNOLOGY EVALUATION 

22 AND READINESS ASSESSMENT PROCESS. 

23 ‘‘Acting through the Under Secretary for Science and 

24 Technology, the Secretary shall establish a process for evalu25 ating the readiness, performance, and suitability of any 

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1 technologies or systems that the Department acquires or de2 velops to carry out the missions of the Department. 

3 ‘‘SEC. 321. AVAILABILITY OF TESTING FACILITIES AND 

4 EQUIPMENT. 

5 ‘‘(a) AUTHORITY.—The Under Secretary for Science 

6 and Technology may make available to any person or enti7 ty, for an appropriate fee, the services of any center or other 

8 testing facility owned and operated by the Department for 

9 the testing of materials, equipment, models, computer soft10 ware, and other items designed to advance the homeland 

11 security mission. 

12 ‘‘(b) INTERFERENCE WITH FEDERAL PROGRAMS.— 

13 The Under Secretary for Science and Technology shall en14 sure that the testing of materials, equipment, models, com15 puter software, or other items not owned by the Federal 

16 Government shall not cause personnel or other resources of 

17 the Federal Government to be diverted from scheduled Fed18 eral Government tests or otherwise interfere with Federal 

19 Government mission requirements. 

20 ‘‘(c) CONFIDENTIALITY OF TEST RESULTS.—The re21 sults of tests performed with services made available under 

22 subsection (a) and any associated data provided by the per23 son or entity for the conduct of the tests may not be disclosed 

24 outside the Federal Government without the consent of the 

25 person or entity for whom the tests are performed. 

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1 ‘‘(d) USE OF FEES.—Any fee collected under sub2 section (a) shall be used to recoup the direct and indirect 

3 costs incurred by the Federal Government to provide for 

4 testing and any remaining funds shall be used by the Sec5 retary to support research and development activities with6 in the Department.’’. 

7 SEC. 704. NATIONAL ACADEMY OF SCIENCES REPORT. 

8 (a) DEFINITION.—In this section— 

9 (1) the term ‘‘2002 report’’ means the report pre10 pared by the National Research Council entitled 

11 ‘‘Making the Nation Safer: The Role of Science and 

12 Technology in Countering Terrorism (2002)’’; and 

13 (2) the term ‘‘National Research Council’’ means 

14 the National Research Council of the National Acad15 emy of Sciences. 

16 (b) AGREEMENT.—Not later than 90 days after the 

17 date of enactment of this Act, the Secretary shall enter into 

18 an agreement with the National Research Council to update 

19 the 2002 report. 

20 (c) CONTENTS OF REPORT.—The report described 

21 under subsection (b) shall— 

22 (1) update the 2002 report to assess progress 

23 made towards the recommendations in that report; 

24 and 

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1 (2) make recommendations to guide the Federal 

2 Government to strengthen and improve homeland se3 curity over the next decade. 

4 (d) SUBMISSION OF REPORT.—Not later than 1 year 

5 after the date of enactment of this Act, the National Re6 search Council shall submit the report described under sub7 section (b) to the Committee on Homeland Security and 

8 Government Affairs of the Senate and the Committee on 

9 Homeland Security of the House of Representatives. 

10 (e) FORM OF REPORT.—The report submitted under 

11 subsection (d) shall be submitted in unclassified form, but 

12 may contain a classified annex. 

13 SEC. 705. DOMESTIC NUCLEAR DETECTION OFFICE. 

14 (a) MISSION.—Section 1902(a) of the Homeland Secu15 rity Act of 2002 (6 U.S.C. 592(a)) is amended— 

16 (1) by striking paragraph (6); 

17 (2) by redesignating paragraphs (2) through (5) 

18 as paragraphs (3) through (6), respectively; 

19 (3) by inserting after paragraph (1) the fol20 lowing: 

21 ‘‘(2) coordinate strategic planning and invest22 ments, within the Department and with other Federal 

23 agencies and State and local governments— 

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1 ‘‘(A) to detect and prevent illegal trafficking 

2 in nuclear weapons-making materials or tech3 nologies; and 

4 ‘‘(B) to reduce the risk of a nuclear terrorist 

5 attack;’’; and 

6 (4) in paragraph (8), by striking ‘‘government 

7 agencies’’ and inserting ‘‘Federal, State, and local en8 tities’’. 

9 (b) DOMESTIC NUCLEAR THREAT DETECTION AND

10 PREVENTION PLAN.—Title XIX of the Homeland Security 

11 Act of 2002 (6 U.S.C. 591 et seq.) is amended by adding 

12 at the end the following: 

13 ‘‘SEC. 1908. DOMESTIC NUCLEAR THREAT DETECTION AND 

14 PREVENTION PLAN. 

15 ‘‘(a) IN GENERAL.—Not later than 270 days after the 

16 effective date of the Department of Homeland Security Au17 thorization Act of 2012, the Secretary, acting through the 

18 Director of the Domestic Nuclear Detection Office, in co19 ordination with relevant Federal agencies, as determined 

20 by the Secretary, shall develop a plan to integrate and 

21 strengthen the Nation’s capabilities to deter, detect, and pre22 vent nuclear terrorist threats in the domestic portion of the 

23 global nuclear detection architecture within 10 years. 

24 ‘‘(b) CONTENTS.—The plan developed under subsection 

25 (a) shall— 

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1 ‘‘(1) set forth national strategic goals; 

2 ‘‘(2) set forth initiatives to integrate and 

3 strengthen the domestic portion of the global nuclear 

4 detection architecture; 

5 ‘‘(3) describe steps to monitor and assess the de6 velopment and execution of the plan; 

7 ‘‘(4) set forth the investments, expenditures, and 

8 schedules for the deployment of nuclear and radio9 logical detection equipment and countermeasures 

10 within the Department; 

11 ‘‘(5) assess the investments, expenditures, or de12 ployments that the Department makes to substantially 

13 reduce the illegal trafficking of nuclear weapons mak14 ing materials and to measurably reduce the risk of a 

15 nuclear terrorist attack occurring inside the United 

16 States; and 

17 ‘‘(6) set forth annual milestones and schedules 

18 for the deployment of advanced, commercially-avail19 able nuclear detection technologies and counter20 measures by the Department. 

21 ‘‘(c) CLASSIFIED INFORMATION.—The plan developed 

22 under subsection (a) shall be submitted in unclassified form, 

23 but may contain an unclassified annex. 

24 ‘‘(d) SUBMISSION OF PLAN.— 

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1 ‘‘(1) INITIAL SUBMISSION.—Not later than 270 

2 days after the effective date of the Department of 

3 Homeland Security Authorization Act of 2012, the 

4 Secretary shall submit the plan developed under sub5 section (a) to the Committee on Homeland Security 

6 and Governmental Affairs of the Senate and the Com7 mittee on Homeland Security of the House of Rep8 resentatives. 

9 ‘‘(2) UPDATE.—Not later than 2 years after sub10 mitting the plan under paragraph (1), the Secretary 

11 shall submit an update of the plan to the committees 

12 set forth in paragraph (1).’’. 

13 (c) CONTRACTING AUTHORITY.—Section 1906 of the 

14 Homeland Security Act of 2002 (6 U.S.C. 596) is amended 

15 by striking ‘‘paragraphs (6) and (7) of section 1902(a)’’ 

16 each place it appears and inserting ‘‘section 1902(a)(7)’’. 

17 (d) CLERICAL AMENDMENT.—The table of contents of 

18 the Homeland Security Act of 2002 (6 U.S.C. 101 note) 

19 is amended by adding after the item relating to section 1907 

20 the following: 

‘‘Sec. 1908. Domestic nuclear threat detection and prevention plan.’’. 

21 SEC. 706. FLEXIBLE PERSONNEL MANAGEMENT AT THE 

22 SCIENCE AND TECHNOLOGY DIRECTORATE. 

23 (a) DEFINITION.—In this section, the term ‘‘employee’’ 

24 has the meaning given that term under section 2105 of title 

25 5, United States Code. 

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1 (b) AUTHORITY.—The Secretary may make appoint2 ments to a position described under subsection (c) without 

3 regard to the provisions of subchapter I of chapter 33 of 

4 title 5, United States Code, other than sections 3303 and 

5 3328 of that title. 

6 (c) POSITIONS.—This section applies with respect to 

7 any scientific or engineering position within the Science 

8 and Technology Directorate which requires an advanced de9 gree. 

10 (d) LIMITATION.— 

11 (1) IN GENERAL.—Authority under this section 

12 may not, in any calendar year and with respect to 

13 any laboratory, be exercised with respect to a number 

14 of positions greater than the number equal to 2 per15 cent of the total number of positions within that lab16 oratory that are filled as of the end of the most recent 

17 fiscal year before the start of that calendar year. 

18 (2) FULL-TIME EQUIVALENT BASIS.—For pur19 poses of this subsection, positions shall be counted on 

20 a full-time equivalent basis. 

21 (e) TERMINATION.—The authority to make appoint22 ments under this section shall terminate on January 1, 

23 2014. 

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1 SEC. 707. TECHNICAL AND CONFORMING AMENDMENT. 

2 The table of contents in section 1(b) of the Homeland 

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

4 inserting after the item relating to section 318, as added 

5 by section 414(b), the following: 

‘‘Sec. 319. Five-year research and development investment plan. 

‘‘Sec. 320. Establishing a technology evaluation and readiness assessment process. 

‘‘Sec. 321. Availability of testing facilities and equipment.’’. 

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Calendar No. 565 

112TH CONGRESS 

2D SESSION S. 1546 

[Report No. 112–249] 

A BILL 

To authorize certain programs of the Department 

of Homeland Security, and for other purposes. 

DECEMBER 13, 2012 

Reported with an amendment 

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