219 
lating to border security, customs, immigration, natu-
ralization, trade, travel, and transportation security. 
‘‘(2) To enforce Federal immigration and natu-
ralization laws, particularly those laws relating to 
arrest, detention, removal, employment verification, 
and fraud. 
‘‘(c) DIRECTOR.— 
‘‘(1) IN
GENERAL.—The head of Immigration 
and Customs Enforcement shall be the Director of Im-
migration and Customs Enforcement. The Director 
shall— 
‘‘(A) be appointed by the President, by and 
with the advice and consent of the Senate; 
‘‘(B) exercise the duties and powers de-
scribed in this section, prescribed by other law, 
or delegated by the Secretary; and 
‘‘(C) report directly to the Secretary. 
‘‘(2) COMPENSATION.—The Director shall be 
compensated at the rate of pay for level III of the Ex-
ecutive Schedule as provided in section 5314 of title 
5, United States Code. 
‘‘(d) DUTIES AND POWERS OF THE DIRECTOR.—Sub-
ject to the supervision of the Secretary, the Director shall 
be responsible for the direction, management, and adminis-
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tration of the Immigration and Customs Enforcement, its 
employees, and its programs. 
‘‘(1) CRIMINAL
INVESTIGATION.—The Director 
shall have the power to investigate and, where appro-
priate, refer for prosecution, any criminal violation of 
Federal law relating to or involving— 
‘‘(A) border control and security (including 
ports of entry), including the prevention of the 
entry or residence of terrorists, criminals, and 
human rights violators; 
‘‘(B) customs, trade, import, or export con-
trol, including the illicit possession, movement 
of, or trade in goods, services, property, contra-
band, arms, items controlled or prohibited from 
export, pornography, intellectual property, or 
monetary instruments; 
‘‘(C) transnational money laundering or 
bulk cash smuggling; 
‘‘(D) immigration or naturalization; 
‘‘(E) alien gangs or criminal syndicates; 
‘‘(F) possession of a firearm or explosive by 
an alien; 
‘‘(G) the employment or abuse of an alien, 
including trafficking and peonage, labor viola-
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tions, sexual exploitation, pornography, prostitu-
tion, and sex tourism; 
‘‘(H) identification, travel, or employment 
documents; 
‘‘(I) identity theft or misuse of social secu-
rity account numbers or information when such 
theft relates to or affects border security, customs, 
immigration, naturalization, trade, travel, and 
transportation security; 
‘‘(J) travel and transportation security; 
‘‘(K) any other authorities previously held 
by the Commissioner of Customs, the Commis-
sioner of the Immigration and Naturalization 
Service, and the Under Secretary for Border and 
Transportation Security; and 
‘‘(L) such other authorities of the Depart-
ment as the Secretary may prescribe. 
‘‘(2) CIVIL IMMIGRATION AND NATURALIZATION 
ENFORCEMENT.—The Director shall have the power to 
enforce the civil immigration and naturalization laws 
of the United States, including the civil and adminis-
trative power to— 
‘‘(A) investigate, locate, and arrest any 
alien subject to exclusion, deportation, or re-
moval from the United States; 
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222 
‘‘(B) remove any alien subject to exclusion, 
deportation, or removal from the United States 
through appropriate administrative removal pro-
ceedings; 
‘‘(C) detain an alien for purposes of exclu-
sion, deportation, or removal, or as otherwise 
provided by law; 
‘‘(D) enforce Federal law relating to the un-
lawful employment of aliens and to immigration 
document fraud; and 
‘‘(E) exercise such other authorities relating 
to the enforcement of the immigration and natu-
ralization laws that the Secretary may prescribe. 
‘‘(3) 
ENFORCEMENT
POLICY.—The 
Director 
shall— 
‘‘(A) establish and direct the policies of the 
Immigration and Customs Enforcement; 
‘‘(B) advise the Secretary and other senior 
officers of the Department on policy matters re-
lating to Immigration and Customs Enforcement 
and its duties; 
‘‘(C) coordinate, on behalf of the Depart-
ment, with Federal, State, tribal, and foreign 
agencies to promote the efficient— 
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223 
‘‘(i) investigation of criminal viola-
tions of the border security, customs, immi-
gration, naturalization, trade, travel, and 
transportation laws of the United States; 
and 
‘‘(ii) civil enforcement of the immigra-
tion and naturalization laws of the United 
States. 
‘‘(4) GENERAL
ENFORCEMENT
POWERS.—The 
Director may authorize agents and officers of Immi-
gration and Customs Enforcement to— 
‘‘(A) execute warrants issued under the laws 
of the United States; 
‘‘(B) carry firearms; 
‘‘(C) make arrests without warrant for any 
offense against the United States committed in 
their presence, or for any felony cognizable under 
the laws of the United States if they have reason-
able grounds to believe that the person to be ar-
rested has committed or is committing such fel-
ony; 
‘‘(D) offer and pay rewards for services and 
information leading to the apprehension of per-
sons involved in the violation or potential viola-
tion of those provisions of law which Immigra-
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224 
tion and Customs Enforcement is authorized to 
enforce; and 
‘‘(E) issue civil detainers for purposes of 
immigration enforcement. 
‘‘(5) ADDITIONAL DUTIES AND POWERS.— 
‘‘(A) IN GENERAL.—The Director shall exer-
cise any other powers prescribed by law and such 
ancillary powers as are necessary to carry out 
the duties and powers described in this section, 
including the relevant powers previously held by 
the Commissioner of Customs, the Commissioner 
of the Immigration and Naturalization Service, 
and the Under Secretary for Border and Trans-
portation Security. 
‘‘(B) 
INSPECTION, 
SEIZURE, 
AND 
SEARCH.—In carrying out the duties prescribed 
in this section, the Director may exercise the in-
spection, seizure, and search authorities pre-
viously held by the Commissioner of Customs, the 
Commissioner of the Immigration and Natu-
ralization Service, and the Under Secretary for 
Border and Transportation Security. 
‘‘(C) IMMIGRATION ENFORCEMENT.—In car-
rying out the immigration enforcement duties of 
this section, the Director shall have the authority 
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225 
to identify aliens in the criminal justice system 
who have been charged with or convicted of 
criminal offenses and are subject to removal. 
‘‘(D) INTELLECTUAL
PROPERTY
PROTEC-
TION.—The Director shall establish and admin-
ister a National Intellectual Property Rights Co-
ordination Center to promote Federal and inter-
national investigation of intellectual property of-
fenses. 
‘‘(E) 
LIMITATION.—Notwithstanding 
the 
authority in paragraph (1)(A) relating to terror-
ists, primary responsibility for investigating acts 
of terrorism shall rest with the Federal, State, 
and local law enforcement agencies with jurisdic-
tion over the acts in question. 
‘‘(F) VESTING.—All functions of all officers, 
employees, and organizational units of Immigra-
tion and Customs Enforcement are vested in the 
Director. 
‘‘(G) DELEGATION.—Except as otherwise 
prohibited by law, the Director may delegate any 
of the Director’s duties and powers to any em-
ployee or organizational unit of Immigration 
and Customs Enforcement. 
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226 
‘‘(6) OVERSEAS OFFICES.—In coordination with 
the Department of State, the Director shall establish 
and staff liaison offices in appropriate foreign coun-
tries to support the international activities and rela-
tionships of Immigration and Customs Enforcement. 
‘‘(e) ADDITIONAL AGENCY OFFICERS.—In addition to 
such officers as the Secretary or Director may provide, Im-
migration and Customs Enforcement shall have the fol-
lowing officers to assist the Director in the performance of 
the Director’s duties: 
‘‘(1) A Deputy Director, who shall assist the Di-
rector in the management of Immigration and Cus-
toms Enforcement and who shall act for the Director 
in the Director’s absence or disability. 
‘‘(2) A Chief Counsel, who shall provide the Di-
rector specialized legal advice and represent the Di-
rector in all administrative proceedings before the Ex-
ecutive Office for Immigration Review. 
‘‘(f) OTHER LAW ENFORCEMENT AGENCIES.—Nothing 
in this section shall be construed to limit the existing au-
thority of any other Federal law enforcement agency.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by striking the item 
relating to section 442 and inserting the following: 
‘‘Sec. 442. Establishment of Immigration and Customs Enforcement.’’. 
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(c) CONFORMING AMENDMENT.—Section 5314 of title 
5, United States Code, is amended by inserting ‘‘Director 
of Immigration and Customs Enforcement.’’ as a new item 
after ‘‘Director of the Bureau of Citizenship and Immigra-
tion Services.’’. 
(d) TRANSPORTATION.—Section 1344(b)(6) of title 31, 
United States Code, is amended by striking ‘‘the Adminis-
trator of the Drug Enforcement Administration,’’ and in-
serting ‘‘, the Administrator of the Drug Enforcement Ad-
ministration, the Director of Immigration and Customs 
Enforcement, and the Commissioner of Customs and Border 
Protection,’’. 
(e) CONTINUATION IN OFFICE.—The individual serv-
ing as Assistant Secretary for Immigration and Customs 
Enforcement in the Department of Homeland Security on 
the day before the date of the enactment of this Act may 
continue to serve as the Director of Immigration and Cus-
toms Enforcement in the Department of Homeland Security 
in accordance with section 442 of the Homeland Security 
Act of 2002 (as amended by subsection (a) of this section) 
until the earlier of— 
(1) the date on which such individual is no 
longer eligible to serve as Director; or 
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228 
(2) the date on which a person nominated by the 
President to be the Director is confirmed by the Sen-
ate in accordance with such section 442. 
SEC. 625. REPORT ON DRUG CARTELS. 
(a) IN GENERAL.—The Secretary shall submit to the 
appropriate congressional committees a report on the ac-
tivities of the entities identified in subsection (b) that are— 
(1) designated as foreign terrorist organizations 
under section 219 of the Immigration and Nation-
ality Act (8 U.S.C. 1189); or 
(2) involved in international terrorism (as such 
term is defined in section 2331 of title 18, United 
States Code). 
(b) IDENTIFICATION.—The entities referred to in sub-
section (a) are the following: 
(1) The Arellano Feliz Organization. 
(2) The Los Zetas Cartel. 
(3) The Beltran Leyva Organization 
(4) La Familia Michoacana. 
(5) The Sinaloa Cartel. 
(6) The Gulf Cartel/New Federation. 
(7) The Juarez Cartel. 
SEC. 626. INCREASE IN UNMANNED AERIAL VEHICLES. 
(a) IN GENERAL.—The Secretary shall increase by at 
least two the number of unmanned aerial vehicles for use 
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229 
along the southwest border over the number of such vehicles 
in existence as of the date of the enactment of this Act. 
(b) FUNDING.—To carry out this section, the Secretary 
shall use amounts appropriated or otherwise made available 
to U.S. Customs and Border Protection. 
SEC. 627. BORDER AREA SECURITY INITIATIVE. 
(a) REDESIGNATION.—Operation Stonegarden of the 
Department is hereby redesignated as the Border Area Se-
curity Initiative. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
the Border Area Security Initiative $54,890,000 for fiscal 
year 2012. 
(c) ALLOCATION.—The Secretary shall ensure that 80.7 
percent of the amounts authorized to be appropriated pur-
suant to subsection (b) are allocated for activities along the 
southern border. 
SEC. 628. FOREIGN TERRORIST ORGANIZATIONS. 
Not later than 120 days after the date of the enactment 
of this Act, the Secretary, in consultation with appropriate 
members of the intelligence community, shall submit to the 
appropriate congressional committees a report, including 
classified and unclassified sections, assessing the presence, 
activity, capability, and information-sharing between 
Hezbollah, other Department of State-designated foreign 
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230 
terrorist organizations, and Mexican drug traffic organiza-
tions along the southern border of the United States. 
SEC. 629. BORDER CONDITION INDEX. 
In developing the Border Condition Index, the Sec-
retary shall take into consideration the following: 
(1) Flow estimates by Border Patrol sector of 
aliens who are unlawfully present in the United 
States. 
(2) Interdiction efficiency measuring, with re-
spect to aliens who are unlawfully present in the 
United States, the difference between apprehensions 
and known estimates of nonapprehensions. 
(3) Recidivism data relating to repeat apprehen-
sions of aliens who are unlawfully present in the 
United States. 
SEC. 630. SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
(1) The Secure Fence Act of 2006 defined oper-
ational control as the ‘‘prevention of all unlawful en-
tries into the United States’’ and required the Sec-
retary of Homeland Security to ‘‘construct reinforced 
fencing along not less than 700 miles of the southwest 
border where fencing would be most practical and ef-
fective’’. 
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231 
(2) A recent GAO report found that in fiscal 
year 2011, U.S. Customs and Border Protection had 
61,000 personnel, a budget authority of $11.3 billion, 
and had constructed more than 600 miles of fencing. 
(3) A May 2011 poll conducted by Rasmussen 
Reports found that just 30 percent of likely United 
States voters believe that the United States border 
with Mexico is even somewhat secure while 64 percent 
believe that the border is not secure. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the Secretary should complete at least 700 miles of re-
inforced fencing along the southwest border where it is geo-
graphically feasible to construct the fence. 
SEC. 631. ISSUANCE OF VISAS AT DESIGNATED DIPLOMATIC 
AND CONSULAR POSTS. 
(a) IN GENERAL.—Subsection (i) of section 428 of the 
Homeland Security Act of 2002 (6 U.S.C. 236) is amended 
to read as follows: 
‘‘(i) VISA
ISSUANCE
AT
DESIGNATED
CONSULAR 
POSTS AND EMBASSIES.—Notwithstanding any other pro-
vision of law, the Secretary— 
‘‘(1) shall conduct an on-site review of all visa 
applications and supporting documentation before ad-
judication at the 20 highest-risk visa issuing diplo-
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232 
matic and consular posts, as determined by the Sec-
retary; and 
‘‘(2) is authorized to assign employees of the De-
partment to each diplomatic and consular post at 
which visas are issued unless, in the Secretary’s sole 
and unreviewable discretion, the Secretary determines 
that such an assignment at a particular post would 
not promote national or homeland security.’’. 
(b) EXPEDITED CLEARANCE AND PLACEMENT OF DE-
PARTMENT OF HOMELAND SECURITY PERSONNEL AT DIP-
LOMATIC AND CONSULAR POSTS.—The Secretary of State 
shall accommodate and ensure that— 
(1) not later than one year after the date of the 
enactment of this Act, Department personnel assigned 
by the Secretary under section 428(i)(1) of the Home-
land Security Act (as amended by subsection (a) of 
this section) have been stationed at a diplomatic or 
consular post such that the post is fully operational; 
and 
(2) not later than one year after the date on 
which the Secretary designates an additional diplo-
matic or consular post for personnel under section 
428(i)(2) of the Homeland Security Act (as amended 
by subsection (a) of this section), Department per-
sonnel assigned to such diplomatic or consular post 
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233 
have been stationed at such post such that such post 
is fully operational. 
SEC. 632. PRIVATE-PUBLIC PARTNERSHIP FOR LAND PORT 
OF ENTRY PROJECT. 
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary may enter into a private-public partnership to ac-
cept funding or a donation of real or personal property or 
services from any private sector entity or any State, county, 
or other municipal entity for the purpose of the construction 
of a designated project at a designated land border port of 
entry, to be approved by the Secretary, designed to reduce 
wait times at such port of entry. 
(b) CONSULTATION.—To enter into a partnership de-
scribed in subsection (a), the Secretary shall consult with 
the private sector entity or State, county, or other munic-
ipal entity referred to in such subsection that is providing 
the funding or donation at issue and provide such entity 
with a description of the designated project to be under-
taken. 
(c) NONTRANSFERRABLE.—Any funding or donation 
received by the Secretary pursuant to subsection (a) may 
be used only for the designated project that was subject of 
the consultation carried out in accordance with subsection 
(b), unless the private sector entity or State, county, or 
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234 
other municipal entity at issue consents to an alternate use 
of such funding or donation. 
(d) RETURN OF FUNDING.—If the Secretary of Home-
land Security does not undertake the designated project de-
scribed in subsection (a) and the private sector entity or 
State, county, or other municipal entity that provided the 
funding or donation for such project does not consent to 
an alternate use for such funding or donation, the Secretary 
shall return to such entity such funding or donation. 
(e) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed as modifying the authorities of the De-
partment of Homeland Security. 
(f) AUTHORITY TO AGREE TO AMENDMENTS TO THE 
BORDER ENVIRONMENT COOPERATION AGREEMENT.—Sec-
tion 545 of the North American Free Trade Agreement Im-
plementation Act (22 U.S.C. 290m–4) is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(3) change the purposes and functions of the 
Bank, including changes that would allow the Bank 
to finance infrastructure projects in the border region 
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235 
that promote growth in trade and commerce between 
the United States and Mexico, support sustainable 
economic development, reduce poverty, foster job cre-
ation, and promote social development in the re-
gion.’’. 
SEC. 633. REPORT TO CONGRESS ON IMMIGRATION ADVI-
SORY PROGRAM. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees a report regarding— 
(1) the top 20 highest-risk foreign airports that 
are last points of departure to the United States; 
(2) the current status of U.S. Customs and Bor-
der Protection’s Immigration Advisory Program at 
such airports; and 
(3) the number of Immigration Advisory Pro-
gram personnel required to carry out operations in 
any location where such personnel are not currently 
present. 
SEC. 634. COAST GUARD DEPLOYABLE SPECIAL FORCES AS-
SETS. 
In order to assure readiness and meet training needs 
for the Coast Guard’s enhanced deployable specialized 
forces, the Secretary shall establish and maintain at each 
Maritime Security Response Team location a minimum of 
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236 
one dedicated medium range air responder that is capable 
of offshore operations and can provide shore-based aviation 
surveillance capability and transport. 
SEC. 635. IMPLEMENTATION OF US-VISIT BIOMETRIC EXIT. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees a plan to implement, not later 
than two years after such date of enactment, a biometric 
exit capability at airports under the US-VISIT program, 
in accordance with the Enhanced Security and Visa Entry 
Reform Act of 2002 (Public Law 107–73). If the Secretary 
determines that development of such a system is not feasible, 
the Secretary shall, not later than 180 days after the date 
of the enactment of this Act, submit to the appropriate con-
gressional committees a plan for implementing, not later 
than two years after such date of enactment, an alternative 
program to provide the same level of security. 
SEC. 636. COORDINATION WITH THE TRANSPORTATION SE-
CURITY ADMINISTRATION ON RISK-BASED 
SCREENING OF AVIATION PASSENGERS. 
(a) IN GENERAL.—The Commissioner of U.S. Customs 
and Border Protection shall work with the Assistant Sec-
retary of Homeland Security (Transportation Security Ad-
ministration) to designate persons enrolled in trusted pas-
sengers programs operated by U.S. Customs and Border 
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Protection as trusted passengers in programs established 
pursuant to section 109(a)(3) of the Aviation Transpor-
tation Security Act (Public Law 107–71; 115 Stat. 613; 
49 U.S.C. 114 note), as long as such passengers meet the 
standards and requirements set by the Assistant Secretary. 
(b) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Commissioner 
shall submit to the Committee on Homeland Security of the 
House of Representatives, the Committee on Homeland Se-
curity and Government Affairs of the Senate, and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, a report on progress in implementing subsection 
(a), including— 
(1) any obstacles to cross-enrolling U.S. Customs 
and Border Protection trusted passengers in trusted 
passenger programs established by the Transportation 
Security Administration; and 
(2) the rate of enrollment of persons enrolled in 
trusted passengers programs operated by U.S. Cus-
toms and Border Protection as trusted passengers in 
programs operated by the Transportation Security 
Administration. 
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238 
SEC. 637. ENHANCED CUSTOMER SERVICE STANDARDS AND 
PROFESSIONALISM TRAINING. 
(a) PLANS REQUIRED.—The Secretary shall ensure 
that a comprehensive plan for each of the U.S. Customs and 
Border Protection, the Transportation Security Adminis-
tration, and U.S. Immigration and Customs Enforcement 
is developed and implemented to improve, based on publicly 
communicated metrics, professionalism, and customer serv-
ice. 
(b) PLAN COMPONENT.—The plan for each agency 
shall include each of the following: 
(1) An initial report on the metrics the agency 
proposes to use to measure customer service. 
(2) An initial report on the metrics the agency 
will use to measure professionalism. 
(3) The implementation of a system to improve 
customer service by soliciting customer comments 
combining in person, phone, and online solutions. 
(4) A requirement that the agency submit to 
Congress quarterly reports on the agency’s perform-
ance against the customer service metrics referred to 
in paragraph (1). 
(5) The establishment of customer service best 
practices based on such metrics. 
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(6) The establishment of professionalism best 
practices based on the metrics referred to in para-
graph (2). 
(c) ANNUAL REPORTS TO CONGRESS.—At least once 
each year, the Secretary shall submit to Congress a report 
on each agency for which a plan is required under this sec-
tion. Each such report shall include— 
(1) an assessment of the agency’s customer serv-
ice performance based on the metrics referred to in 
subsection (b)(1); 
(2) detailed description of customer service im-
provements demanded by customers; 
(3) customer service improvements demanded by 
Department metrics, the costs associated with those 
improvements; 
(4) the security and efficiency benefits derived 
from such improvements; 
(5) an assessment of the agency’s professionalism 
performance based on the metrics referred to in sub-
section (b)(1); 
(6) a description of any improvements in the 
agency’s professionalism; 
(7) the costs associated with such improvements; 
and 
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(8) the security and efficiency benefits derived 
from such improvements. 
(d) OVERSIGHT.—The Department’s Office of Civil 
Rights and Civil Liberties shall have oversight of— 
(1) the customer service and professionalism ef-
forts at each agency for which a plan is required 
under this section to ensure that comments are col-
lected, analyzed, and responded to in a timely man-
ner; and 
(2) the development of monthly reports detailing 
the number and types of comments submitted by the 
public, which shall be made available to the public 
through the Department’s Web site. 
TITLE VII—SCIENCE AND 
TECHNOLOGY 
Subtitle A—Directorate of Science 
and Technology 
SEC. 701. DIRECTORATE OF SCIENCE AND TECHNOLOGY 
STRATEGIC PLAN. 
(a) IN GENERAL.—Title III of the Homeland Security 
Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 318. STRATEGIC PLAN. 
‘‘(a) REQUIREMENT FOR STRATEGY.—The Under Sec-
retary for Science and Technology shall develop, and update 
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241 
as necessary, a strategy to guide the activities of the Direc-
torate of Science and Technology. The strategy shall be risk- 
based and aligned with other strategic guidance provided 
by— 
‘‘(1) the National Strategy for Homeland Secu-
rity; 
‘‘(2) the Quadrennial Homeland Security Re-
view; 
‘‘(3) the Capabilities and Requirements Council 
established under section 709; and 
‘‘(4) other relevant strategic planning documents, 
as determined by the Under Secretary. 
‘‘(b) CONTENTS.—The strategy required by subsection 
(a) shall be prepared in accordance with applicable Federal 
requirements and guidelines, and shall include the fol-
lowing: 
‘‘(1) Long-term strategic goals, objectives, and 
metrics of the Directorate. 
‘‘(2) Analysis of how the research programs of 
the Directorate support achievement of those strategic 
goals and objectives. 
‘‘(3) A description of how the activities and pro-
grams of the Directorate meet the requirements or 
homeland security capability gaps identified by cus-
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tomers within and outside of the Department, includ-
ing the first responder community. 
‘‘(4) The role of the Department’s risk analysis 
activities and programs of the Directorate. 
‘‘(5) A technology transition strategy for the pro-
grams of the Directorate. 
‘‘(6) A description of the policies of the Direc-
torate on the management, organization, and per-
sonnel of the Directorate. 
‘‘(7) Short- and long-term strategic goals, and 
objectives for significantly increasing the number of 
designations and certificates issued under subtitle G 
of title VIII, as well as identification of the specific 
metrics to be used to determine whether a designation 
or a certificate will be awarded. 
‘‘(c) SUBMISSION OF PLAN TO CONGRESS.—The Sec-
retary shall submit to the appropriate congressional com-
mittees the strategy developed under subsection (a) and any 
update to the strategy.’’. 
(b) DEADLINE.—The Under Secretary for Science and 
Technology shall develop and submit to the appropriate 
congressional committees the initial strategy required under 
the amendment made by subsection (a) by not later than 
1 year after the date of enactment of this Act. 
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243 
(c) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) is amended by adding at the end of the items 
relating to title III the following new item: 
‘‘Sec. 318. Strategic plan.’’. 
SEC. 702. 5-YEAR RESEARCH AND DEVELOPMENT PLAN. 
(a) IN GENERAL.—Title III of the Homeland Security 
Act of 2002 (6 U.S.C. 181 et seq.) is further amended by 
adding at the end the following new section: 
‘‘SEC. 319. 5-YEAR RESEARCH AND DEVELOPMENT PLAN. 
‘‘(a) IN GENERAL.—The Under Secretary for Science 
and Technology shall develop, and revise at least every 5 
years, a 5-year research and development plan for the ac-
tivities of the Directorate of Science and Technology. 
‘‘(b) CONTENTS.—The 5-year research and develop-
ment plan developed under subsection (a) shall— 
‘‘(1) define the Directorate’s research, develop-
ment, testing, and evaluation activities, priorities, 
performance 
metrics, 
and 
key 
milestones 
and 
deliverables for the 5-fiscal-year period from 2013 
through 2017, and for each 5-fiscal-year period there-
after; 
‘‘(2) link the activities identified in paragraph 
(1) to the goals and objectives described in the stra-
tegic plan developed under section 318, the research 
requirements established in section 320, and the oper-
ational capability needs as determined by the Capa-
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bilities and Requirements Council established under 
section 709; 
‘‘(3) describe, for each activity of the strategic 
plan, the planned annual funding levels for the period 
covered by the plan; and 
‘‘(4) indicate joint investments with other Fed-
eral partners where applicable. 
‘‘(c) SCOPE OF THE PLAN.—The Under Secretary shall 
ensure that each plan developed under subsection (a)— 
‘‘(1) reflects input from a wide range of stake-
holders; and 
‘‘(2) takes into account how research and devel-
opment by other Federal, State, private sector, and 
nonprofit institutions contributes to the achievement 
of the priorities identified in the plan, and avoids un-
necessary duplication with these efforts. 
‘‘(d) REPORTS.—At the time the President submits 
each annual budget request, the Under Secretary shall pro-
vide a report to the appropriate congressional committees 
on the status and results to date of implementation of the 
current 5-year research and development plan, including— 
‘‘(1) a summary of the research and development 
activities for the previous fiscal year in each topic 
area; 
‘‘(2) the annual expenditures in each topic area; 
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‘‘(3) an assessment of progress of the research 
and development activities based on the performance 
metrics and milestones set forth in the plan; and 
‘‘(4) any changes to the plan.’’. 
(b) DEADLINE.—The Under Secretary for Science and 
Technology shall develop and submit to the appropriate 
congressional committees the first 5-year homeland security 
research and development plan required under subsection 
(a), for fiscal years 2013 through 2017, by not later than 
1 year after the date of enactment of this Act. 
(c) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) is further amended by adding at the end of 
the items relating to title III the following new item: 
‘‘Sec. 319. 5-year research and development plan.’’. 
SEC. 703. IDENTIFICATION AND PRIORITIZATION OF RE-
SEARCH 
AND 
DEVELOPMENT 
REQUIRE-
MENTS. 
(a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) is 
further amended by adding at the end the following new 
section: 
‘‘SEC. 320. IDENTIFICATION AND PRIORITIZATION OF RE-
SEARCH 
AND 
DEVELOPMENT 
REQUIRE-
MENTS. 
‘‘(a) IN GENERAL.—The Under Secretary for Science 
and Technology shall establish and implement a process to 
identify, prioritize, fund, and task the basic and applied 
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homeland security research and development activities of 
the Directorate of Science and Technology. 
‘‘(b) PROCESS.—The process established under sub-
section (a) shall— 
‘‘(1) account for Departmentwide priorities as 
defined by the Capabilities and Requirements Council 
established under section 709; 
‘‘(2) be responsive to near-, mid-, and long-term 
needs, including unanticipated needs to address 
emerging threats; 
‘‘(3) utilize gap analysis and risk assessment 
tools where available and applicable; 
‘‘(4) include protocols to assess— 
‘‘(A) off-the-shelf technology to determine if 
an identified homeland security capability gap 
can be addressed through the acquisition process 
instead of commencing research and development 
of technology to address that capability gap; and 
‘‘(B) research and development activities 
pursued by other executive agencies, to determine 
if technology can be leveraged to address an 
identified homeland security capability gap; 
‘‘(5) provide for documented and validated re-
search and development requirements; 
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research and development centers, university-based 
centers, and the private sector, to carry out research 
and development requirements; and 
‘‘(10) include any other criteria or measures the 
Secretary considers necessary for the identification 
and prioritization of research requirements.’’. 
(b) DEADLINE.—The Under Secretary for Science and 
Technology shall establish and begin implementing the 
process required by the amendment made by subsection (a) 
by not later than 180 days after the date of enactment of 
this Act. 
(c) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) is further amended by adding at the end of 
the items relating to title III the following new item: 
‘‘Sec. 320. Identification and prioritization of research and development require-
ments.’’. 
SEC. 704. RESEARCH AND DEVELOPMENT PROGRESS. 
(a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) is 
further amended by adding at the end the following new 
section: 
‘‘SEC. 321. MONITORING PROGRESS. 
‘‘(a) IN GENERAL.—The Under Secretary for Science 
and Technology shall monitor the progress of the research, 
development, testing, and evaluation activities undertaken 
by the Directorate of Science and Technology, and shall pro-
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