Department of Homeland Security Authorization Act of 2012 - Title I: Management and Efficiency - (Sec. 101) Amends the Homeland Security Act of 2002 (HSA) to direct the Secretary of Homeland Security (DHS) to establish: (1) a process for the review of proposed investments by DHS, (2) an Acquisition Review Board to carry out the investment review process, and (3) risk-based criteria for the review of investments by the Acquisition Review Board. Requires the DHS Under Secretary for Management to report to the the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs (Homeland Security Committees) on the acquisition process.
(Sec. 102) Directs the Secretary to establish an acquisition professional career program to foster the recruitment, training, certification, and retention of qualified acquisition personnel throughout DHS. Requires such program to provide training in key acquisition career fields supporting the entire life cycle of acquisitions and in acquisition fields relating to small business concerns. Directs DHS to encourage participants in such program to complete at least three one-year rotational assignments to gain a broad perspective on how acquisitions support the mission of DHS.
(Sec. 103) Directs the Secretary to develop a long-term strategic human capital plan for the recruitment, retention, and training of the DHS acquisition workforce and to submit such plan to the Homeland Security Committees.
(Sec. 104) Directs the Secretary to notify the Homeland Security Committees at least three business days before: (1) making a contract award, other transaction agreement, or task and delivery order exceeding $10 million; and (2) announcing the intention to make such an award. Allows the Secretary to waive notification if it would pose a substantial risk to human life, health, or safety.
(Sec. 105) Requires the DHS Chief Procurement Officer to issue guidance on the use of independent methods to evaluate the integrity and quality of major acquisitions.
(Sec. 106) Extends until September 30, 2016, the authority of the Secretary to carry out a pilot program for advanced research and development programs.
(Sec. 107) Directs the Inspector General of DHS to prepare a report analyzing the use of competition in the award of contracts by DHS under the requirements of the Competition in Contracting Act.
(Sec. 108) Directs the DHS Under Secretary for Management to study and report to the Homeland Security Committees on ways to improve performance, reduce costs, and increase opportunities for competition through an open architecture approach to acquisitions. Defines "open architecture" as the employment of business and technical practices that yield modular, interoperable systems that adhere to standards with open interfaces, with a goal of encouraging competitive proposals from multiple qualified sources and rapid incorporation of innovative technologies into systems.
(Sec. 109) Establishes within DHS a Cost Analysis Division to ensure that program cost estimates: (1) are accurate reflections of program requirements; and (2) increase the capability of DHS for informed investment decisions, budget formulation, measurement of progress, and accountability.
(Sec. 110) Requires the DHS Under Secretary for Management to make publicly available on the DHS website, on an annual basis, a strategic acquisition plan that includes: (1) guiding principles, overarching goals, and specific objectives of DHS acquisitions; (2) anticipated procurement needs over a specified period; and (3) plans for utilization of strategic sourcing through Department-wide or government-wide contracts.
(Sec. 111) Amends HSA to require the DHS Under Secretary for Management to: (1) ensure that acquisition personnel provide information on DHS acquisition needs to the private sector and nongovernmental organizations; (2) ensure that the DHS website includes information on programs, policies, and initiatives designed to encourage small businesses to participate in DHS acquisitions; (3) provide information on the DHS website to guide interactions between DHS and vendors; (4) provide procurement information on the DHS website; (5) promote use of consistent, shared DHS terminology and definitions in solicitations, contracts, grants, and other transactions of DHS with the private sector; (6) encourage appropriate use of requests for information and other pre-solicitation means of gathering knowledge about the marketplace; and (7) ensure that debriefings to unsuccessful offerers provide an adequate explanation of the basis for an award decision.
(Sec. 112) Amends the Post-Katrina Emergency Management Reform Act of 2006 (Post-Katrina Act) to eliminate rules limiting the tiers of subcontractors who may perform the principal work of a contract and limiting the length of noncompetitive contracts.
(Sec. 113) Authorizes the Secretary, or a designee at the Chief Procurement Officer level or higher, to utilize specified authorities in a domestic emergency operation for: (1) an emergency or major disaster; or (2) any time the Secretary determines federal assistance is needed to supplement state and local efforts and capabilities or to lessen or avert the threat of a catastrophe.
(Sec. 114) Requires the Secretary to submit to the Homeland Security Committees an efficiencies report and implementation plan that: (1) examines the facilities and administrative and logistics functions of DHS components located within designated geographic areas, and (2) provides specific recommendations and an associated cost-benefit analysis for the consolidation of the facilities and administrative and logistical functions of DHS components or operational entities within each designated geographic area.
(Sec. 115) Requires the DHS Under Secretary for Management to: (1) submit a report to the Homeland Security Committees that provides a detailed accounting of the management and administrative expenditures and activities of DHS components and that identifies potential cost savings and efficiencies for the management and administrative expenditures and activities of each DHS component; and (2)study and report to the Homeland Security Committees on the size, experience level, and geographic distribution of the operational personnel of DHS.
(Sec. 116) Directs the Secretary to consolidate all DHS youth preparedness educational programs, including the Ready Kids Initiative, the Federal Emergency Management Agency (FEMA) for Kids website, the U.S. Fire Administration for Kids website, and the Disaster Twins website of FEMA, into one program.
(Sec. 117) Requires any savings to the federal government resulting from this Act to be returned to the general fund of the Treasury.
(Sec. 118) Prohibits the Secretary from requiring a contractor to submit information relating to political spending during any phase of the contracting process.
(Sec. 119) Requires DHS to: (1) make any plan or report that it is required to submit to Congress available on the OMB central website; (2) produce such plan or report in searchable, machine-readable formats; (3) take actions to limit the unnecessary printing of plans or reports; and (4) notify the Secretary of the Senate, the Clerk of the House of Representative, and any congressional committee to which a plan or report is required to be submitted of the availability of the plan or report on the website.
(Sec. 120) Requires the Secretary to report to the Homeland Security Committees by December 31, 2011 [sic], on the travel expenses of DHS political appointees during FY2011.
(Sec. 121) Prohibits the Secretary from providing funds to the Harvard Fire Executive Fellowship Program or from carrying out the Homeland Security Scholars and Fellows Program.
(Sec. 122) Requires the Administrator of FEMA to submit to the Homeland Security Committees a plan to collect and track information on grants awarded to subgrantees under the FEMA non-disaster preparedness grant programs.
(Sec. 123) Requires the Secretary to ensure that DHS financial statements for FY2012-FY2016 are ready for audit. Requires the DHS Chief Financial Officer to report to the Homeland Security Committees on plans to obtain an unqualified audit opinion and to modernize the financial system of DHS.
(Sec. 124) Requires the Secretary to modify DHS acquisition regulations to prohibit DHS from entering into cost-type contracts for the production of major systems.
(Sec. 125) Prohibits DHS, in conducting all investigative, analytical, and other activities, from: (1) violating the constitutional rights of any individual, including any right involving the lawful purchase of a firearm or ammunition, membership in or involvement with a political organization, lawful protest against or petition of the government, or any other constitutionally-protected speech or activity; or (2) targeting an individual based solely upon race, religion, or color. Requires annual training on privacy matters for all DHS managerial and operational employees.
(Sec. 126) Directs the Secretary to report to the Homeland Security Committees on DHS operational guidelines to ensure protection of constitutional rights and on employee training on constitutional rights.
Title II: Structure and Organization - (Sec. 201) Establishes in DHS the position of Under Secretary for Policy, who shall: (1) serve as the principal policy advisor to the Secretary of DHS; (2) coordinate and provide overall direction and supervision of policy development for DHS programs, offices, and activities; (3) ensure that the DHS budget is compatible with the priorities, strategic plans, and policies established by the Secretary; and (4) conduct long-range, strategic planning for DHS.
(Sec. 202) Establishes in DHS an Office of International Affairs to be headed by an Assistant Secretary for International Affairs, who shall: (1) coordinate international activities within DHS, (2) develop and update an international strategic plan for DHS; (3) provide guidance on executing international activities, (4) identify areas for homeland security information and training exchange in which the United States has demonstrated weakness and a country that is a friend or ally has a demonstrated expertise, and (5) maintain situational awareness of all international engagement and travel conducted by DHS offices and personnel.
(Sec. 203) Grants the DHS Chief Medical Officer the title of Assistant Secretary for Health Affairs. Includes among the responsibilities of the Chief Medical Officer: (1) ensuring that the DHS workforce has science-based policy, standards, requirements, and metrics for occupational safety and health; (2) providing medical expertise in medical and public health matters; and (3) developing guidance for addressing catastrophic events with human, animal, agricultural, or environmental health consequences.
(Sec. 204) Revises requirements for the DHS quadrennial homeland security review, including reporting requirements.
(Sec. 205) Requires the Secretary of State, in designating foreign terrorist organizations under the Immigration and Nationality Act, to consult with the Secretary, the Attorney General, the Secretary of the Treasury, and the Director of National Intelligence.
(Sec. 206) Eliminates the Office of Domestic Preparedness.
(Sec. 207) Amends HSA to eliminate the Office for State and Local Government Coordination and transfer its functions to the DHS Office of Intergovernmental Affairs.
(Sec. 208) Terminates the DHS Office of Counternarcotics Enforcement and provides for the transfer of its functions.
(Sec. 209) Amends HSA to limit the reorganization authority of the Secretary. Requires the President or the Secretary, not later than 30 days after they make a transfer, allocation, assignment, consolidation, alteration, establishment, or discontinuance under their reorganization authority to publish in the Federal Register the reasons for the action taken and a list of each statutory provision implicated by such action.
(Sec. 210) Sets forth responsibilities of the DHS Chief Information Officer.
(Sec. 211) Requires the Secretary, not later than the end of FY2018, to consolidate the location of DHS headquarters and the headquarters of its components.
(Sec. 212) Requires the Future Years Homeland Security Program to be submitted not later than 30 days after a DHS budget request is submitted to Congress.
(Sec. 213) Requires the Secretary to designate a DHS official to coordinate efforts to counter violent extremism in the United States, including the ideology that gives rise to Islamist terrorism as identified in the 9/11 Commission Report, and to submit written notification of such designation to the Homeland Security Committees. Requires such designated official to report to the Homeland Security Committees on DHS strategy and activities to counter violent extremism.
(Sec. 214) Terminates the DHS Office of Cargo Security Policy and provides for the transfer of its functions.
(Sec. 215) Requires the Secretary to report to the Homeland Security Committees and the Government Accountability Office (GAO) on a review of all DHS offices responsible for emergency communications and interoperability functions. Requires GAO to review such report and submit to the Homeland Security Committees a report on the consolidation of the emergency communication programs.
Title III: Infrastructure Protection and Resilience - (Sec. 301) Establishes in DHS an Infrastructure Protection and Resilience Directorate, to be headed by an Under Secretary for Infrastructure Protection and Resilience. Requires the Under Secretary to: (1) coordinate critical infrastructure protection and resiliency activities in DHS, and (2) ensure that federal facilities protected by the Protective Service are rendered safe.
(Sec. 302) Reestablishes the Federal Protective Service and requires its Director to report to the Under Secretary for Infrastructure Protection and Resilience.
Title IV: Preparedness, Response, and Recovery - (Sec. 401) Amends the Post-Katrina Act to: (1) conform the definition of "critical infrastructure" to the definition of such term in the USA PATRIOT Act; and (2) require the President to ensure that comprehensive plans exist to prevent, prepare for, protect against, respond to, and recover from natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents.
Amends HSA to direct the Secretary of DHS to designate a senior official within FEMA to be responsible for catastrophic incident planning.
(Sec. 402) Requires the FEMA Administrator to enhance and promote the preparedness of individuals and communities for natural disasters, acts of terrorism, and man-made disasters and coordinate with state, local, and tribal governments and private sector and nongovernmental organizations in such efforts. Requires the Administrator to appoint a senior DHS official to coordinate and oversee such activities.
(Sec. 403) Amends HSA to require the Administrator to ensure the preparedness of federal agencies to respond to and support recovery from a natural disaster, act of terrorism, or other man-made disaster by: (1) ensuring the development of and preparedness of FEMA to implement the National Response Framework and the National Disaster Recovery Framework, (2) ensuring that federal agencies with responsibility under the Frameworks have appropriate staffing and training, and (3) resolving disagreements between federal agencies with responsibilities under the National Disaster Recovery Framework.
(Sec. 404) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to: (1) redefine "major disaster" for purposes of such Act; and (2) authorize the President to establish a commission to facilitate and support states and local governments in achieving an efficient, effective, and expeditious recovery from a catastrophic incident.
(Sec. 405) Amends HSA to: (1) provide for a Disaster Reserve Workforce in FEMA to supplement the work of FEMA full-time employees on response and recovery operations and programs, (2) require the President to appoint a FEMA Deputy Administrator to serve as the Chief Management Officer of FEMA, and (3) require the Chief Management Officer and the Under Secretary for Management of DHS to submit to the Homeland Security Committees a strategy for improving the management of FEMA.
(Sec. 407) Authorizes appropriation for FY2012 for: (1) port security grants, and (2) public transportation and railroad security grants.
(Sec. 408) Amends HSA to authorize the Administrator to make grants to facilitate and enhance participation by states, local governments, and Indian tribes in border security efforts. Authorizes appropriations for FY2012-FY2017.
(Sec. 409) Amends the Post-Katrina Act to authorize appropriations in FY2012-FY2016 for grants to administer the Emergency Management Assistance Compact.
(Sec. 410) Repeals the Emergency Operations Center Grant Program.
(Sec. 411) Requires the FEMA Administrator to develop and implement performance metrics for grants administered by FEMA under the Post-Katrina Act.
(Sec. 412) Requires the designated senior DHS official responsible for catastrophic incident planning to: (1) develop communications plans for providing information to the public related to preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents involving the use of weapons of mass destruction; (2) consult with state, local, and tribal governments in developing communications plans; (3) develop prescripted messages or message templates to be included in the plans to be provided to state, local, and tribal government officials; and (4) submit to the Homeland Security Committees a copy of the communication plans.
(Sec. 413) Directs the Secretary to: (1) develop guidelines for responding to an explosion or release of nuclear, biological, radiological, or chemical material in coordination with specified governmental entities and organizations; and (2) make such guidelines available to state, local, and tribal governments, nongovernmental organizations, and the private sector.
(Sec. 414) Directs the Secretary to develop and disseminate integrated plume models to enable rapid response activities following a nuclear, radiological, chemical, or biological explosion or release. Defines "plume model" as the assessment of the location and prediction of the spread of nuclear, radioactive, or chemical fallout and biological pathogens resulting form an explosion or release of nuclear, radioactive, chemical, or biological substances.
(Sec. 415) Requires the President to include in budget submissions a description of resources to support the preparedness, response, and recovery responsibilities of each agency with responsibilities under the National Response Framework and the National Disaster Recovery Framework.
(Sec. 416) Requires the Administrator, in each of five fiscal years after the fiscal year in which this Act is enacted, to report on the number of FEMA employees and contractors trained in the prevention of waste, fraud, and abuse of federal disaster relief assistance.
(Sec. 417) Requires the Administrator to implement a policy requiring approval by the Chief Information Officer of FEMA of a covered information technology purchase. Defines "covered information technology purchase" as a purchase of information technology for an amount greater than a threshold amount established by the Administrator.
(Sec. 418) Establishes in DHS a Metropolitan Medical Response System to support states, local governments, and Indian tribes in preparing for, protecting against, and responding to mass casualty incidents by systematically enhancing cooperation and integration of emergency response providers and public health and medical personnel. Sets forth permissible uses of grant funds, including: (1) medical surge capacity; (2) chemical, biological, radiological, nuclear, and explosive detection response, and decontamination capabilities; (3) information sharing; (4) fatality management; and (5) training and exercises.
Authorizes the Administrator to make grants to states, local governments, and Indian tribes to prepare for, protect against, and respond to mass casualty incidents.
Requires the Administrator and the Chief Medical Officer to conduct a review of the Metropolitan Medical Response System and report on such review to the Homeland Security Committees.
(Sec. 419) Prohibits the Administrator from awarding a grant under the Regional Catastrophic Preparedness Grant Program after enactment of this Act.
(Sec. 420) Requires the Secretary to report to the Homeland Security Committees on the suitability, feasibility, and efficiency of consolidating grant programs administered by DHS, other than grants awarded for a major disaster or emergency declared under the Stafford Act.
(Sec. 421) Requires the Administrator to submit a plan to Homeland Security Committees to implement processes that require non-disaster preparedness grant recipients to provide to FEMA contingency plans that include options for sustaining preparedness capabilities in the absence or reduction of federal funds. Requires such plan to include: (1) an explanation of how the implementation of the plan will be integrated into the existing grant cycle, and (2) an evaluation of the impact on federal preparedness capabilities of the reduction or elimination of FEMA grant funding
(Sec. 422) Includes as a duty of the Administrator in addressing a disaster or act of terrorism the development and implementation of the National Mitigation Framework.
(Sec. 423) Requires the Secretary, within 30 days after enactment of this Act, to identify all positions in DHS that do not involve emergency operations. Prohibits the Secretary from increasing the number of DHS positions that do not involve emergency operations during the period beginning on the earlier of: (1) the date on which such positions are identified or 30 days after the enactment of this Act, and (2) ending on the date on which the national unemployment rate is not more than 8%.
Title V: Border Security - (Sec. 501) Requires the Secretary of DHS, not later than one year after enactment of this title and every two years thereafter through September 30, 2017, to develop and submit to the Homeland Security Committees a workforce staffing plan that: (1) details the optimal staffing level to carry out the responsibilities of U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE), (2) describes the process through which CBP and ICE will make workforce allocation decisions, (3) links CBP and ICE workforce allocation decisions to analyses of threats, and (4) describes any coordination between CBP and ICE staffing plans to secure the border.
(Sec. 502) Requires the Secretary, annually through September 30, 2017, to develop a border technology and infrastructure plan.
(Sec. 503) Authorizes the Commissioner of CBP to deploy existing surge teams to respond to intelligence-related, high-risk threats, or to assist or augment operations at U.S. ports of entry during emergencies or other events that require additional staffing for a limited period of time.
(Sec. 504) Requires the Secretary to review and revise field training for border patrol agents.
(Sec. 505) Requires the Secretary to ensure that: (1) CBP has instituted an outbound inspections program at land, air, and maritime ports of entry; and (2) such outbound inspections do not add significantly to wait times for crossing the border.
(Sec. 506) Requires the Secretary to submit to the Homeland Security Committees a plan for improving situational awareness over the northern border, including CBP's ability to identify illegal entries.
(Sec. 507) Establishes in DHS an Office of International Travel Security and Screening, to be headed by an Assistant Secretary for International Travel Security and Screening, who shall: (1) have primary responsibility for the US-VISIT entry and exit data system and the visa waiver program; (2) coordinate activities in DHS to identify, interdict, and prevent the travel of terrorists to the United States; and (3) develop a strategic plan to prevent the travel of terrorists to the United States.
Requires the Assistant Secretary to: (1) submit an annual report through 2022 to the Homeland Security Committees on individuals who overstayed their visas, (2) develop a plan for implementing the biometric exit system, and (3) conduct a review of US-VISIT.
(Sec. 508) Amends HSA to direct the Secretary of State, in cooperation with the Secretary of DHS, to: (1) deploy an electronic system to notify airlines of the cancellation of any traveler's visa for entry into the United States, (2) develop an electronic system for remotely reviewing visa applications and supporting documentation at diplomatic and consular posts at which visas are issued, and (3) institute standard operating procedures for the visa security program at all consular posts.
Requires the Secretary of DHS, in coordination with the Secretary of State, to: (1) create and implement a system for mediating disagreements about visa revocation decisions between visa security officers and consular officers, (2) review all policies relating to the issuance of visas to ensure that all individuals associated with terrorism are denied visas for entry to the United States, and (3) develop a plan for deploying visa security officers to all consular posts determined to be high risk.
(Sec. 509) Requires the Comptroller General (GAO) to study and report to the Homeland Security Committees on interagency border security task forces, drug intelligence and information sharing centers, and state and major urban area fusion centers in states that have an international water border or that are located on the international border between the United States and Mexico or the United States and Canada.
(Sec. 510) Amends HSA to direct the Commissioner of CBP to develop career paths for customs and border protection agriculture specialists and to provide education and training opportunities for such specialists in order to strengthen agricultural inspections.
(Sec. 511) Requires the Secretary to report to the Homeland Security Committees on the status of $640 million in unobligated balances in the Customs User Fee Account.
(Sec. 512) Directs the Comptroller General to report to the Homeland Security Committees on DHS efforts to promote integrity and investigate allegations of misconduct at CBP and ICE.
(Sec. 513) Grants access to federal lands located within 100 miles of the international border between the United States and Mexico to CBP personnel for security activities, including routine motorized patrols and the deployment of temporary tactical infrastructure and surveillance and detection equipment. Requires the Secretary to develop and annually update an inventory of costs relating to illegal border activity on federal lands.
(Sec. 514) Requires the Secretary to report to the Homeland Security Committees on the use of Z Backscatter Van technology.
(Sec. 515) Requires the Secretary to report to the Homeland Security Committees on the number of refugees that applied for legal permanent residence status and the number of refugees that did not apply for such status, broken down by current legal status and country of origin.
Title VI: Intelligence and Information-Sharing Provisions - (Sec. 601) Declares that funds authorized or made available for DHS intelligence activities are deemed to be specifically authorized by Congress for funding intelligence activities under the National Security Act of 1947.
(Sec. 602) Establishes a Classified National Security Information Program to safeguard and govern access to classified information shared by the federal government with states, local governments, Indian tribes, and private sector entities. Requires the Secretary of DHS to: (1) manage such Program and be responsible for oversight of the Program, and (2) report to the Homeland Security Committees annually until December 31, 2024, on DHS activities under Executive Order 13549 and this title and on federal activities to support the efficient management and verification of security clearances.
(Sec. 603) Authorizes the Secretary, with the concurrence of the Director of National Intelligence and in coordination with the Director of Personnel Management (OPM), to: (1) convert competitive service positions within the Office of Intelligence and Analysis to excepted service positions as necessary to carry out the intelligence functions of DHS, (2) establish new positions for such purpose, and (3) establish the classification and ranges or rates of basic and locality-based pay for such positions.
(Sec. 604) Makes the Under Secretary for Intelligence and Analysis an officer of DHS.
(Sec. 605) Requires the Secretary, in each fiscal year through FY2016, to submit to the Homeland Security Committees a report on federal funds provided to each state and major urban area fusion center.
(Sec. 606) Requires the Comptroller General to submit to the Homeland Security Committees: (1) a report evaluating the process, or feasibility of developing a process, under which the Office of Intelligence and Analysis assesses the results achieved from grants supporting the activities of state and major urban area fusion centers; and (2) an unclassified report on the analytical capabilities of DHS in intelligence areas.
(Sec. 608) Requires the DHS Inspector General to conduct and report to the Homeland Security Committees on an audit of DHS activities to ensure that state and local fusion centers take appropriate measures to protect privacy and civil liberties.
Requires: (1) the DHS Privacy Officer to update the 2008 Privacy Impact Assessment for the State, Local, and Regional Fusion Center Initiative, (2) the DHS Officer for Civil Liberties and Civil Rights to update the 2008 Civil Liberties Impact Assessment for the State, Local, and Regional Fusion Center Initiative, and (3) such updated Assessments to be submitted to the Homeland Security Committees.
Title VII: Science And Technology Provisions - (Sec. 701) Amends HSA to replace the existing Directorate of Science and Technology with a Directorate of Science Technology, headed by an Under Secretary for Science and Technology. Provides that such Directorate shall serve as the primary research, development, testing, and evaluation agency in DHS. Includes within the responsibilities of the Directorate: (1) supporting the acquisition of technologies and systems by DHS; (2) conducting strategic planning; and (3) providing technological assistance for the development, testing, evaluation, and acquisition of technologies.
Makes the Homeland Security Advanced Research Projects Agency responsible for the development of technologies to strengthen border and maritime security, cyber security, aviation security, catastrophic response and recovery capabilities, and other homeland security missions.
(Sec. 702) Establishes in the Directorate a Director of Testing and Evaluation who shall serve as principal adviser to the Under Secretary for Science and Technology for all testing and evaluation. Requires the Director to: (1) establish testing and evaluation policies, procedures, standards, and practices for DHS; (2) monitor and review all DHS operational testing and evaluation activities; and (3) provide support to the Acquisition Review Board. Grants the Director access to all acquisition records and data in DHS and prompt access to the results of any operational testing and evaluation activity.
(Sec. 703) Requires the Under Secretary to develop a Five-Year Research and Development Investment Plan to guide all DHS expenditures for basic, advanced, or applied research and technology development activities. Requires such Plan to set forth anticipated annual expenditures for FY2012-FY2017, set forth annual milestones and objectives, and take into account the operational requirements of state and local governments. Requires the Secretary of DHS to submit such Plan to the Homeland Security Committees with annual updates.
Requires the Under Secretary to establish a process for evaluating the readiness, performance, and suitability of any technologies or systems that DHS acquires or develops to carry out DHS missions. Authorizes the Under Secretary to make available to any person or entity the services of any center or other DHS testing facility for the testing of materials, equipment, models, computer software, and other items designed to advance the homeland security mission.
(Sec. 704) Requires the Secretary to enter into an agreement with the National Research Council of the National Academy of Sciences to update the report entitled "Making the Nation Safer: The Role of Science and Technology in Countering Terrorism (2002)."
(Sec. 705) Amends HSA to require the Domestic Nuclear Detection Office to coordinate strategic planning and investments to detect and prevent illegal trafficking in nuclear weapons-making materials or technologies and to reduce the risk of a nuclear terrorist attack. Requires the Director of such Office to develop and submit to the Homeland Security Committees a plan to integrate and strengthen capabilities to deter, detect, and prevent nuclear terrorist threats.
(Sec. 706) Authorizes the Secretary, until January 1, 2014, to fill scientific or engineering positions requiring an advanced degree in the Science and Technology Directorate without regard to competitive hiring requirements.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1546 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1546
To authorize certain programs of the Department of Homeland Security,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 13, 2011
Mr. Lieberman (for himself and Ms. Collins) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To authorize certain programs of the Department of Homeland Security,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Homeland Security Authorization Act of 2011''.
(b) Table of Contents.--The table of contents for 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.
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.
Sec. 706. Flexible personnel management at the Science and Technology
Directorate.
Sec. 707. Technical and conforming amendment.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Department'' means the Department of
Homeland Security; and
(2) the term ``Secretary'' means the Secretary of Homeland
Security.
TITLE I--MANAGEMENT AND EFFICIENCY
SEC. 101. DEPARTMENT OF HOMELAND SECURITY INVESTMENT REVIEW.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the
following new section:
``SEC. 836. DEPARTMENT INVESTMENT REVIEW.
``(a) Establishment of Process.--The Secretary shall establish a
process for the review of proposed investments by the Department.
``(b) Purpose.--The Secretary shall use the process established
under subsection (a) to provide a consistent method to evaluate the
progress and status of acquisitions at critical points in the
acquisition life cycle, inform investment decisions, strengthen
acquisition oversight, and improve resource management throughout the
Department.
``(c) Acquisition Review Board.--
``(1) Establishment.--The Secretary shall establish a
Department-wide Acquisition Review Board for the purpose of
carrying out the investment review process established under
subsection (a).
``(2) Membership.--The Secretary shall--
``(A) designate the Director of Cost Analysis as a
member of the Acquisition Review Board; and
``(B) designate other appropriate officials of the
Department to serve on the Acquisition Review Board.
``(3) Subordinate boards and councils.--The Secretary may
establish, as needed, subordinate boards and councils reporting
to the Acquisition Review Board to review certain categories of
investments on a Department-wide basis.
``(d) Risk-Based Criteria for Review.--The Secretary shall
establish risk-based criteria for the review of investments by the
Acquisition Review Board and any subordinate boards and councils, which
should include threshold dollar amounts.
``(e) Reporting Requirements.--
``(1) Acquisition decision memoranda.--Not later than three
business days after signature of any acquisition decision
memorandum of the Acquisition Review Board, the Under Secretary
for Management shall provide a copy of the memorandum, together
with a copy of the Letter of Assessment signed by the Director
of Testing and Evaluation, to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House or Representatives.
``(2) Quarterly status reports.--The Under Secretary for
Management shall provide a quarterly report to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives detailing the status of each acquisition
subject to the review process established by this section. The
report shall include the following elements:
``(A) A description of the acquisition.
``(B) The status of review of the acquisition by
the Acquisition Review Board or other board designated
to review the acquisition.
``(C) The estimated life-cycle cost of the
acquisition, and the basis for the estimate.
``(D) The Acquisition Program Baseline approved by
the Acquisition Review Board.
``(E) Information on whether the Acquisition Review
Board has reviewed and approved other key planning
documents, including, as applicable--
``(i) a Concept of Operations;
``(ii) a Statement of Mission Need;
``(iii) an Analysis of Alternatives;
``(iv) an Operational Requirements
Document;
``(v) an Acquisition Plan; and
``(vi) an Integrated Logistics Support
Plan.
``(F) Identification of acquisitions that have not
met cost, schedule, or performance parameters, and a
description of the corrective measures implemented or
planned for such acquisitions.
``(G) An indication of whether a certified program
manager has been assigned to the acquisition.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act (6 U.S.C. 101(b)) is amended by inserting after the item
relating to section 835 the following new item:
``Sec. 836. Department investment review.''.
SEC. 102. ACQUISITION PROFESSIONAL CAREER PROGRAM.
(a) Establishment.--The Secretary shall establish an acquisition
professional career program for selected professionals to foster the
recruitment, training, certification, and retention of qualified
acquisition personnel throughout the Department.
(b) Career Fields Covered.--The program established under
subsection (a) shall provide training in key acquisition career fields
supporting the entire life cycle of acquisitions, including the
positions of contract specialist, program manager, logistician, systems
engineer, cost estimator, and information technology acquisition
specialist.
(c) Rotational Assignments.--To the extent practicable, the
Department should strive to have participants in the program
established under subsection (a) complete, at a minimum, three
rotational assignments, to be at least one year in length unless
otherwise provided by the Secretary, at Department components in order
to gain a broad perspective on how acquisitions support the
Department's missions.
(d) Size.--The size of the program established under subsection (a)
shall be commensurate with available funding and consistent with the
projected acquisition workforce needs established in the strategic plan
for acquisition workforce required by section 103.
(e) Rule of Construction.--Nothing in this section shall be
construed to conflict with or supersede the authority vested in the
Administrator for Federal Procurement Policy.
SEC. 103. STRATEGIC PLAN FOR ACQUISITION WORKFORCE.
(a) Strategic Human Capital Plan.--Not later than 1 year after the
date of enactment of this Act, and at a minimum every 3 years
thereafter, the Secretary shall develop a long-term strategic human
capital plan for the recruitment, retention, and training of the
Department's acquisition workforce that is consistent with requirements
issued by the Administrator for Federal Procurement Policy and
includes--
(1) an identification of gaps in capabilities in each
component of the Department for, at a minimum, the acquisition
career fields identified pursuant to section 102, and specific
steps that will be taken to address those gaps;
(2) projections in personnel needed for each acquisition
career field in each component; and
(3) a plan and projected schedule for training the
acquisition workforce.
(b) Submission to Congress.--The Secretary shall deliver a copy of
the strategic plan developed pursuant to subsection (a) to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives.
SEC. 104. NOTIFICATION TO CONGRESS OF MAJOR AWARDS.
(a) Reporting of Significant Contracts.--The Secretary shall notify
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives at least 3 business days before--
(1) making a contract award, other transaction agreement,
or task and delivery order exceeding $10,000,000; or
(2) announcing the intention to make such an award.
(b) Exception.--If the Secretary determines that compliance with
this section would pose a substantial risk to human life, health, or
safety, an award may be made without the notification required by
subsection (a), and the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives shall be notified not later than 5 business
days after such an award is made.
SEC. 105. INDEPENDENT VERIFICATION AND VALIDATION.
(a) Guidance Required.--Not later than 270 days after the date of
the enactment of this Act, the Chief Procurement Officer of the
Department, in consultation with the Chief Information Officer of the
Department, shall issue guidance on use of independent verification and
validation to provide a process for the independent evaluation of the
integrity and quality of major acquisitions. The guidance shall
include--
(1) a definition of independent verification and validation
for consistent use by Department components;
(2) criteria for applying and planning independent
verification and validation that--
(A) gives priority for consideration of independent
verification and validation based on factors including
mission criticality of the program and its components
and potential impacts to the program from undetected
system errors;
(B) includes appropriate thresholds above which
acquisitions may not proceed without independent
verification and validation unless authorized to do so
by the Acquisition Review Board established under
section 836 of the Homeland Security Act of 2002, as
added by section 101; and
(C) ensures, where reasonable and appropriate, use
of resources of the Federal Government to perform
independent verification and validation;
(3) procedures for ensuring the managerial, financial, and
technical independence of providers of independent verification
and validation from the personnel who develop, manage, and
perform acquisitions for the program, in order to obtain
unbiased reviews of acquisitions;
(4) methods for integrating independent verification and
validation results into program management;
(5) procedures to monitor and ensure implementation of the
guidance and to take corrective action when necessary; and
(6) mechanisms to collect and analyze data on independent
verification and validation to facilitate lessons learned and
evaluate the effectiveness of the investments of the
Department.
(b) Restriction on Development of Guidance.--The development of the
guidance required under subsection (a) shall be considered an
inherently governmental function.
(c) Reporting to Congress.--
(1) Quarterly reports.--The quarterly reports required by
section 836(e)(2) of the Homeland Security Act of 2002 (6
U.S.C. 391 et seq.), as added by section 101, shall include,
for any acquisition that is granted initial approval to proceed
by the Acquisition Review Board without a plan for independent
verification and validation, an explanation of the decision not
to employ independent verification and validation.
(2) Information technology.--Not later than 270 days after
the date of enactment of this Act, the Chief Procurement
Officer of the Department shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report on the actions the Department is
taking to address the recommendations included in the July 2011
report of the Government Accountability Office entitled
``Information Technology: DHS Needs to Improve Its Independent
Acquisition Reviews'' (GAO-11-581), including any actions taken
to improve the use of independent verification and validation
for the 8 programs identified in the report.
SEC. 106. OTHER TRANSACTION AUTHORITY.
Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) is
amended--
(1) in subsection (a), by striking ``Until September 30,
2010'' and inserting ``Until September 30, 2016'';
(2) in subsection (b), by striking ``Not later than 2 years
after the effective date of this Act, and annually thereafter''
and inserting ``Not later than September 30, 2015''; and
(3) in subsection (d)(1), by striking ``September 30,
2010'' and inserting ``September 30, 2016''.
SEC. 107. REPORT ON COMPETITION.
Not later than 270 days after the date of the enactment of this
Act, the Inspector General of the Department of Homeland Security shall
prepare a report analyzing the use of competition in the award of
contracts by the Department under the requirements of the Competition
in Contracting Act (41 U.S.C. 3301 et seq.), which shall include--
(1) for each component of the Department, the total number
and dollar value of new contracts for each of the last three
full fiscal years for which data is available, and, of that
total number, the number of contracts--
(A) entered into without full and open competition;
and
(B) awarded under competition after receipt of only
one offer;
(2) a statistical analysis of statutory exceptions used to
enter contracts without full and open competition;
(3) a discussion of the trends in competition in each
component; and
(4) a comparison of the percentage of contracts awarded
under full and open competition by the Department and the
percentage of contracts awarded under full and open competition
by other major agencies.
SEC. 108. OPEN ARCHITECTURE STUDY.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary for Management shall
commence a study within the Department to examine ways in which
performance may be improved, costs may be reduced, and opportunities
for competition may be increased through an open architecture approach
to acquisitions.
(b) Participants in the Study.--The study shall contain input from
the following officials:
(1) The Chief Procurement Officer of the Department.
(2) The Chief Information Officer of the Department.
(3) The Chief Acquisition Executives of the Department's
components.
(4) The Heads of Contracting Activity of the Department's
components.
(5) The Chief Information Officers of the Department's
components.
(6) The Director of Acquisition Support and Operations
Analysis of the Science and Technology Directorate.
(7) Any other official of the Department identified by the
Under Secretary for Management.
(c) Study.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Under Secretary for Management
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives a report--
(A) assessing the current use of open architecture
by the Department;
(B) making recommendations, as appropriate, on the
benefits of expanded use of open architecture by the
Department;
(C) describing the internal capabilities necessary
for executing acquisitions under an open architecture
model; and
(D) identifying, as appropriate, acquisitions for
which use of open architecture would be beneficial.
(2) Use of lessons learned.--In preparing the report, the
participants in the study should draw on lessons learned from
the use of open architecture at the Department of Defense.
(d) Open Architecture Defined.--In this section, the term ``open
architecture'' means the employment of business and technical practices
that yield modular, interoperable systems that adhere to standards with
open interfaces, with a goal of encouraging competitive proposals from
multiple qualified sources and rapid incorporation of innovative
technologies into systems.
(e) Termination.--The study shall be deemed completed upon
submission of the report required by subsection (c).
SEC. 109. COST ANALYSIS DIVISION.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.), as amended by section 101(a), is
further amended by adding at the end the following new section:
``SEC. 837. COST ANALYSIS DIVISION.
``(a) Establishment.--There is established within the Department a
Cost Analysis Division, which shall report to the Under Secretary for
Management, to ensure that program cost estimates--
``(1) are accurate reflections of program requirements; and
``(2) increase the capability of the Department for
informed investment decisions, budget formulation, measurement
of progress, and accountability.
``(b) Duties.--The duties of the Cost Analysis Division shall
include--
``(1) validating program life-cycle cost estimates as part
of the investment review process established under section 836;
``(2) providing independent cost estimates of major
programs at major milestone points;
``(3) prescribing policies and procedures for the conduct
of cost estimation and cost analysis for acquisition programs
of the Department;
``(4) issuing guidance relating to full consideration of
life-cycle management and sustainability costs in acquisition
programs of the Department;
``(5) providing assistance, training, and oversight of the
cost analysis capabilities of the components of the Department;
``(6) leveraging, where possible, existing databases and
system resources maintained by other Federal agencies in the
development of the Department's cost database, and sharing
relevant information and best practices related to cost
databases with other agencies; and
``(7) leading the development of--
``(A) improved analytical skills and competencies
within the cost assessment workforce of the Department;
and
``(B) tools, data, and methods to promote improved
performance, economy, and efficiency in planning and
allocation of homeland security resources.
``(c) Director of Cost Analysis.--
``(1) In general.--The Cost Analysis Division shall be
headed by a Director of Cost Analysis who shall serve as the
principal advisor to the Secretary and other senior officials
of the Department on cost estimation and cost analysis for
acquisition programs of the Department.
``(2) Availability of resources.--The Secretary shall
ensure that the Director of Cost Analysis--
``(A) promptly receives the results of--
``(i) all cost estimates and cost analyses
conducted by components of the Department for
any acquisition subject to the investment
review process established under section 836;
and
``(ii) all studies conducted by the
components in connection with such
acquisitions; and
``(B) has timely access to any records and data in
the Department that the Director considers necessary to
review in order to carry out any duties under this
section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act (6 U.S.C. 101(b)), as amended by section 101(b), is further
amended by inserting after the item relating to section 836 the
following new item:
``Sec. 837. Cost analysis division.''.
SEC. 110. STRATEGIC ACQUISITION PLAN.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.), as amended by section 109(a), is
further amended by adding at the end the following new section:
``SEC. 838. STRATEGIC ACQUISITION PLAN.
``Not later than one year after the date of enactment of the
Department of Homeland Security Authorization Act of 2011, and annually
thereafter, the Under Secretary for Management shall make publicly
available on the Internet website of the Department a strategic
acquisition plan that includes--
``(1) guiding principles, overarching goals, and specific
objectives of the Department's acquisitions;
``(2) anticipated procurement needs over 1-year and, at a
minimum, 5-year periods with specific information on--
``(A) program-level needs;
``(B) anticipated multi-year procurements; and
``(C) expected major changes in ongoing or planned
procurements; and
``(3) plans for utilization of strategic sourcing through
Department-wide or government-wide contracts.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act (6 U.S.C. 101(b)), as amended by section 109(b), is further
amended by inserting after the item relating to section 837 the
following new item:
``Sec. 838. Strategic acquisition plan.''.
SEC. 111. TRANSPARENCY AND INNOVATION IN ACQUISITION.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.), as amended by section 110(a), is
further amended by adding at the end the following new section:
``SEC. 839. TRANSPARENCY AND INNOVATION IN ACQUISITION.
``The Under Secretary for Management, consistent with applicable
law, regulations, and policy shall--
``(1) ensure that acquisition personnel provide information
on acquisition needs of the Department to the private sector
and nongovernmental organizations;
``(2) ensure that the Department's website includes
information on programs, policies, and initiatives designed to
encourage small businesses to participate in Department
acquisitions;
``(3) provide information on the Department's website to
guide interactions between the Department and vendors;
``(4) provide information on the Department's procurements
on the Department's website;
``(5) promote use of consistent, shared terminology and
definitions within the Department and in the solicitations,
contracts, grants, and other transactions of the Department
with the private sector;
``(6) encourage appropriate use of requests for information
and other pre-solicitation means of gathering knowledge about
the marketplace; and
``(7) ensure that debriefings to unsuccessful offerors,
including those required by the Federal Acquisition Regulation,
provide adequate explanation of the basis for an award
decision.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act (6 U.S.C. 101(b)), as amended by section 110(b), is further
amended by inserting after the item relating to section 838 the
following new item:
``Sec. 839. Transparency and innovation in acquisition.''.
SEC. 112. DISASTER RELIEF PROCUREMENT AUTHORITIES.
(a) Conforming Disaster Relief Authorities to the Federal
Acquisition Regulation.--Subtitle F of the Post-Katrina Emergency
Management Reform Act of 2006 (title VI of Public Law 109-295; 120
Stat. 1457) is amended by striking sections 692 and 695 (6 U.S.C. 792
and 794).
(b) Streamlining Registration for Voluntary Disaster Response
Registry.--Section 697(b) of the Post-Katrina Emergency Management
Reform Act of 2006 (title VI of Public Law 109-295; 6 U.S.C. 796(b)) is
amended--
(1) by amending paragraph (3) to read as follows:
``(3) Source of information.--Information maintained in the
registry shall be submitted on a voluntary basis and be kept
current by the submitting business concerns.''; and
(2) in paragraph (5), by striking ``consult the registry''
and inserting ``consult the Central Contractor Registration
database maintained under subpart 4.11 of the Federal
Acquisition Regulation, or any successor thereto''.
SEC. 113. SPECIAL EMERGENCY PROCUREMENT AUTHORITY FOR DOMESTIC
EMERGENCY OPERATIONS.
Section 1903 of title 41, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving
such subparagraphs, as so redesignated, two ems to the
right;
(B) by striking ``with respect to a procurement''
and inserting the following: ``with respect to--
``(1) a procurement'';
(C) in subparagraph (B), as redesignated by
subparagraph (A) of this paragraph, by striking
``United States.'' and inserting ``United States;
and''; and
(D) by adding at the end the following new
subparagraph:
``(C) a procurement of property or services by or
for the Department of Homeland Security that the
Secretary of Homeland Security determines are to be
used in support of domestic emergency operations, in
accordance with subsection (d).'';
(2) in subsection (c)(1), by striking ``subsection (a)(2)''
and inserting ``subsection (a)(1)(B)''; and
(3) by adding at the end the following new subsection:
``(d) Domestic Emergency Operations.--The Secretary of Homeland
Security, or a designee at the Chief Procurement Officer level or
higher, in consultation with the Administrator, may utilize the
authorities provided under paragraphs (1)(A), (2)(A), and (3) of
subsection (b) in a domestic emergency operation to provide support
for--
``(1) an emergency or major disaster, as those terms are
defined under section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122); or
``(2) any occasion or instance for which the Secretary of
Homeland Security determines Federal assistance is needed to
supplement State and local efforts and capabilities to save
lives and to protect property and public health and safety, or
to lessen or avert the threat of a catastrophe in any part of
the United States.''.
SEC. 114. FIELD EFFICIENCIES REPORT AND IMPLEMENTATION PLAN.
(a) Definition.--In this section, the term ``designated geographic
area''--
(1) means an area designated by the Secretary where there
is a substantial physical presence of more than 1 component or
operational entity of a component of the Department; and
(2) does not include the National Capitol Region, as
defined under section 2674 of title 10, United States Code.
(b) Report and Plan.--
(1) In general.--Not later than 9 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives an efficiencies report and implementation plan
that--
(A) examines the facilities and administrative and
logistics functions of components or operational
entities of components of the Department located within
designated geographic areas; and
(B) provides specific recommendations and an
associated cost-benefit analysis for the consolidation
of the facilities and administrative and logistics
functions of components or operational entities of
components of the Department within each designated
geographic area.
(2) Contents.--The efficiencies report and implementation
plan submitted under paragraph (1) shall--
(A) describe the facilities and administrative and
logistics functions of components or operational
entities of components of the Department located within
each designated geographic area;
(B) evaluate for each designated geographic area--
(i) specific facilities at which components
or operational entities of components of the
Department may be closed or consolidated,
including the consideration of when leases
expire or facilities owned by the Government
become available;
(ii) the potential for the consolidation of
administrative and logistics functions,
including--
(I) engineering services;
(II) facility maintenance;
(III) janitorial services;
(IV) fleet vehicle services;
(V) shipping and receiving;
(VI) facility security;
(VII) procurement of goods and
services;
(VIII) mail handling;
(IX) administrative support; and
(X) information technology and
telecommunications services and
support; and
(iii) additional ways to improve unity of
effort and cost savings for field operations
and related support activities;
(C) detail any other opportunities to improve
efficiency or reduce costs identified by a component of
the Department; and
(D) from the elimination of duplicative component
support functions, consolidation of facilities, and
implementation of additional operational initiatives,
reduce the aggregate amount of expenditures on all
Department facilities, administrative and logistics
functions, and operational activities in designated
geographic areas by 5 percent.
(3) Implementation.--Not later than 2 years after the date
of enactment of this Act, the implementation plan required by
this section shall be fully implemented.
SEC. 115. COST SAVINGS AND EFFICIENCY REVIEWS.
(a) Management and Administrative Savings.--Not later than 270 days
after the date of enactment of this Act, the Secretary, acting through
the Under Secretary for Management, shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives a report
that--
(1) provides a detailed accounting of the management and
administrative expenditures and activities of the components of
the Department; and
(2) identifies potential cost savings and efficiencies for
the management and administrative expenditures and activities
of each component of the Department.
(b) Personnel Allocation Study.--Not later than 270 days after the
date of enactment of this Act, the Secretary, acting through the Under
Secretary for Management, shall--
(1) conduct a study that examines the size, experience
level, and geographic distribution of the operational personnel
of the Department, including U.S. Customs and Border Protection
officers, Border Patrol agents, U.S. Customs and Border
Protection Air and Marine agents, U.S. Customs and Border
Protection Agriculture Specialists, Federal Protective Service
Law Enforcement Security Officers, U.S. Immigration and Customs
Enforcement agents, Transportation Security Officers, Federal
air marshals, and members of the Coast Guard; and
(2) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report that
details the findings of the study conducted under paragraph (1)
and recommends adjustments to close gaps in capabilities,
reduce costs, and enhance efficiencies.
SEC. 116. CONSOLIDATION OF YOUTH PROGRAMS.
The Secretary shall consolidate all youth preparedness educational
programs of the Department, including the use of mascots and youth-
focused websites, into 1 program, including--
(1) the Ready Kids Initiative;
(2) the FEMA for Kids website;
(3) the U.S. Fire Administration for Kids website; and
(4) the Disaster Twins website of the Federal Emergency
Management Agency.
TITLE II--STRUCTURE AND ORGANIZATION
SEC. 201. UNDER SECRETARY FOR POLICY.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by--
(1) redesignating section 601 as section 890A and
transferring that section to after section 890; and
(2) striking the heading for title VI and inserting the
following:
``TITLE VI--POLICY, PLANNING, AND OPERATIONS COORDINATION
``Subtitle A--Under Secretary for Policy
``SEC. 601. UNDER SECRETARY FOR POLICY.
``(a) In General.--There shall be in the Department an Under
Secretary for Policy, who shall be appointed by the President, by and
with the advice and consent of the Senate.
``(b) Responsibilities.--The Under Secretary for Policy shall--
``(1) serve as the principal policy advisor to the
Secretary;
``(2) coordinate and provide overall direction and
supervision of policy development for the programs, offices,
and activities of the Department;
``(3) work with the Under Secretary for Management and the
General Counsel of the Department to ensure that the
development of the budget of the Department is compatible with
the priorities, strategic plans, and policies established by
the Secretary;
``(4) conduct long-range, strategic planning for the
Department, including overseeing each quadrennial homeland
security review under section 621; and
``(5) carry out such other responsibilities as the
Secretary determines are appropriate, consistent with this
section.''.
(b) Incumbent.--The individual serving as Assistant Secretary for
Policy on the date of enactment of this Act may serve as the Under
Secretary for Policy until the date on which an appointment to the
position of Under Secretary for Policy is made, by and with the advice
and consent of the Senate.
(c) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(1) by striking the items relating to title VI and 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.'';
and
(2) by inserting after the item relating to section 890 the
following:
``Sec. 890A. Treatment of charitable trusts for members of the Armed
Forces of the United States and other
governmental organizations.''.
SEC. 202. OFFICE OF INTERNATIONAL AFFAIRS.
Section 879 of the Homeland Security Act of 2002 (6 U.S.C. 459) is
amended to read as follows:
``SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS.
``(a) Establishment.--There is established within the Department an
Office of International Affairs, which shall be headed by the Assistant
Secretary for International Affairs, who shall be appointed by the
President.
``(b) Responsibilities of the Assistant Secretary.--The Assistant
Secretary for International Affairs shall--
``(1) coordinate international activities within the
Department;
``(2) develop and update, in consultation with all
components of the Department with international activities, an
international strategic plan for the Department and establish a
process for managing its implementation;
``(3) provide guidance to components of the Department on
executing international activities and to employees of the
Department who are deployed overseas, including--
``(A) establishing predeployment preparedness
criteria for employees and any accompanying family
members;
``(B) establishing, in coordination with the Under
Secretary for Management, minimum support requirements
for Department employees abroad, to ensure the
employees have the proper resources and have received
adequate and timely support prior to and during tours
of duty;
``(C) providing information and training on
administrative support services available to overseas
employees from the Department of State and other
Federal agencies;
``(D) establishing guidance on how Department
attaches are expected to coordinate with other
component staff and activities; and
``(E) developing procedures and guidance for
employees of the Department returning to the United
States;
``(4) identify areas for homeland security information and
training exchange in which--
``(A) the United States has a demonstrated
weakness; and
``(B) a country that is a friend or ally of the
United States has a demonstrated expertise;
``(5) maintain situational awareness of--
``(A) all international engagement and travel
conducted by offices and personnel of the Department;
and
``(B) all spending by the Federal Government for
international assistance activities relating to
homeland security; and
``(6) perform other duties, as determined by the
Secretary.''.
SEC. 203. CHIEF MEDICAL OFFICER.
Section 516 of the Homeland Security Act of 2002 (6 U.S.C. 321e) is
amended--
(1) in subsection (a), by striking all that follows the
second comma and inserting ``and who shall also have the title
of Assistant Secretary for Health Affairs.''; and
(2) in subsection (c)--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) by redesignating paragraph (7) as paragraph
(10); and
(C) by inserting after paragraph (6) the following:
``(7) ensuring that the workforce of the Department has
science-based policy, standards, requirements, and metrics for
occupational safety and health;
``(8) providing medical expertise for the components of the
Department with respect to prevention, preparedness,
protection, response, and recovery for medical and public
health matters;
``(9) working in conjunction with appropriate entities of
the Department and other appropriate Federal agencies to
develop guidance for prevention, preparedness, protection,
response, and recovery from catastrophic events with human,
animal, agricultural, or environmental health consequences;
and''.
SEC. 204. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) In General.--Section 707 of the Homeland Security Act of 2002
(6 U.S.C. 347) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``fiscal year
2009'' and inserting ``calendar year 2013''; and
(B) in paragraph (3), by striking ``The Secretary
shall conduct each quadrennial homeland security review
under this subsection'' and inserting ``In order to
ensure that each quadrennial homeland security review
conducted under this section is coordinated with the
quadrennial defense review conducted by the Secretary
of Defense under section 118 of title 10, United States
Code, and any other major strategic review relating to
diplomacy, intelligence, or other national security
issues, the Secretary shall conduct each quadrennial
homeland security review''; and
(2) by striking subsections (b), (c), and (d) and inserting
the following:
``(b) Scope of Review and Report.--
``(1) In general.--In each quadrennial homeland security
review, the Secretary shall--
``(A) examine the homeland security aspects of the
security environment of the Nation, including existing
and potential homeland security threats and challenges,
and the effect of laws, Presidential directives,
national strategies, and other relevant guidance
documents in meeting existing and potential homeland
security threats and challenges;
``(B) review the capabilities and capacities across
the homeland security enterprise, and the roles of
Executive agencies, States, local governments, Indian
Tribes, and private entities in providing those
capabilities and capacities;
``(C) evaluate and prioritize the homeland security
mission areas of the Nation and associated goals and
objectives, and recommend any necessary revisions to
the mission areas, goals, and objectives as
appropriate;
``(D) examine whether the capabilities and
capacities across the homeland security enterprise
should be adjusted based on any proposed modifications
to the mission areas, goals, or objectives;
``(E) identify additional capabilities and
capacities that may be needed across the homeland
security enterprise in response to potential homeland
security threats and challenges, and the resources
required to provide the capabilities and capacities;
``(F) identify redundant, wasteful, or unnecessary
capabilities and capacities where resources can be
redirected to support capabilities and capacities
identified under subparagraph (E);
``(G) evaluate the organization, organizational
structure, governance structure, and business processes
(including acquisition processes) of the Department, as
they relate to the ability of the Department to meet
the responsibilities of the Department; and
``(H) review any other matter the Secretary
considers appropriate.
``(2) Report.--During the year following the year in which
a quadrennial homeland security review is conducted, and not
later than the date on which the budget of the President for
the next fiscal year is submitted to Congress under section
1105(a) of title 31, United States Code, the Secretary shall--
``(A) submit to Congress a report--
``(i) describing the process used in
conducting the quadrennial homeland security
review and explaining any underlying
assumptions used in conducting the quadrennial
homeland security review;
``(ii) describing the findings and
conclusions of the review, including findings
and conclusions relating to each issue
addressed under subparagraphs (A) through (H)
of paragraph (1);
``(iii) detailing any proposed revisions to
the national homeland security strategy,
including any proposed revisions to the
homeland security missions, capabilities and
capacities, goals, or objectives of the Nation;
``(iv) describing how the conclusions under
the quadrennial homeland security review are to
be implemented through the Future Years
Homeland Security Program under section 874;
``(v) detailing how the conclusions under
the quadrennial homeland security review will
inform efforts to develop capabilities and
build capacity of States, local governments,
Indian Tribes, and private entities, and of
individuals, families, and communities;
``(vi) providing proposed changes to the
authorities, organization, governance
structure, or business processes (including
acquisition processes) of the Department in
order to better fulfill the responsibilities of
the Department; and
``(vii) describing any other matter the
Secretary considers appropriate; and
``(B) consistent with the protection of national
security and other sensitive matters, make the report
required under subparagraph (A) publicly available on
the website of the Department.
``(c) Midterm Review of Implementation.--Not later than 2 years
after the date on which the Secretary submits a report under subsection
(b)(2)(A), the Secretary shall submit to Congress a report on--
``(1) the implementation of the recommendations in the
report, including recommended revisions to the national
homeland security strategy made under subsection (b)(2)(A)(iii)
and changes proposed under subsection (b)(2)(A)(vi); and
``(2) the preparations for the next quadrennial homeland
security review, including a detailed resource plan specifying
the estimated budget and number of staff members that will be
required for preparation of the quadrennial homeland security
review.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by striking the item relating to section 707 and
inserting the following:
``Sec. 707. Quadrennial homeland security review.''.
SEC. 205. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) In General.--Title VIII of the Homeland Security Act of 2002 (6
U.S.C. 361 et seq.) is amended by inserting after section 890A, as
redesignated and transferred by section 201(a)(1), the following:
``SEC. 890B. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
``In designating foreign terrorist organizations under section
219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)), the
Secretary of State shall consult with the Secretary, the Attorney
General, the Secretary of the Treasury, and the Director of National
Intelligence.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 890A,
as added by section 201(c)(2), the following:
``Sec. 890B. Designation of foreign terrorist organizations.''.
SEC. 206. OFFICE FOR DOMESTIC PREPAREDNESS TERMINATION.
(a) Termination.--Title IV of the Homeland Security Act of 2002 is
amended by striking section 430 (6 U.S.C. 238).
(b) Incumbent.--Notwithstanding the amendment made by subsection
(a), an individual serving on the day before the date of enactment of
this Act under an appointment by the President, by and with the advice
and consent of the Senate, under section 430 of the Homeland Security
Act of 2002 may continue to serve in the position held by the
individual and to perform the responsibilities of the individual on the
day before the date of enactment of this Act.
(c) Responsibilities.--
(1) In general.--On and after the date on which the
individual described in subsection (b) leaves the position held
by the individual on the day before the date of enactment of
this Act, the Administrator of the Federal Emergency Management
Agency (in this subsection referred to as the
``Administrator'') may perform or delegate the responsibilities
of the individual as determined appropriate by the
Administrator.
(2) No incumbent.--If there is no individual described in
subsection (b), on and after the date of enactment of this Act
the Administrator may perform or delegate the responsibilities
of the individual most recently serving under an appointment by
the President, by and with the advice and consent of the
Senate, under section 430 of the Homeland Security Act of 2002
as determined appropriate by the Administrator.
(d) Technical and Conforming Amendment.--The table of contents
under section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
101(b)) is amended by striking the item relating to section 430.
SEC. 207. STATE AND LOCAL GOVERNMENT COORDINATION.
(a) Intergovernmental Affairs.--
(1) In general.--Section 801 of the Homeland Security Act
of 2002 (6 U.S.C. 361) is amended--
(A) in the section heading by striking ``office
for''; and
(B) in subsection (a)--
(i) by striking the subsection heading and
inserting ``(a) In General.--'';
(ii) by striking ``established''; and
(iii) by striking ``for State and Local
Government Coordination'' and inserting ``of
Intergovernmental Affairs''.
(2) Technical and conforming amendments.--
(A) Table of contents.--The table of contents under
section 1(b) of the Homeland Security Act of 2002 (6
U.S.C. 101(b)) is amended by striking the item relating
to section 801 and inserting the following:
``Sec. 801. State and Local Government Coordination.''.
(B) Functions of the secretary.--Section 102(c) of
the Homeland Security Act of 2002 (6 U.S.C. 112(c)) is
amended by striking ``the Office of State and Local
Coordination (established under section 801)'' and
inserting ``the Office of Intergovernmental Affairs
described under section 801''.
(C) Special assistant to the secretary.--Section
102(f)(11) of the Homeland Security Act of 2002 (6
U.S.C. 112(f)(11)) is amended by striking ``the Office
of State and Local Coordination and Preparedness'' and
inserting ``the Office of Intergovernmental Affairs''.
(D) Chief information officer.--Section
703(b)(2)(D)(iv) of the Homeland Security Act of 2002
(6 U.S.C. 343(b)(2)(D)(iv)) is amended by striking
``and the Executive Director of the Office of State and
Local Coordination and Preparedness''.
(b) Transfer of Responsibilities.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall transfer to the
Office of Intergovernmental Affairs any responsibility under section
801(b) of the Homeland Security Act of 2002 (6 U.S.C. 361(b)) which was
transferred by the Secretary under section 872 of that Act (6 U.S.C.
452) or any other Act to an office or entity other than the Office of
Intergovernmental Affairs before that date of enactment.
SEC. 208. TERMINATION OF OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
(a) Termination.--
(1) In general.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
striking section 878 (6 U.S.C. 458).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of enactment of this Act.
(3) Transition provision.--Notwithstanding the amendment
made by paragraph (1), the Office of Counternarcotics
Enforcement and the Director of the Office of Counternarcotics
Enforcement shall continue to perform any function of the
Office or the Director, respectively, under section 878 of the
Homeland Security Act of 2002, as in effect on the day before
the date of enactment of this Act, until the earlier of--
(A) the date on which the function is transferred
under subsection (b); and
(B) the date that is 180 days after the date of
enactment of this Act.
(b) Transfer of Functions.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall--
(1) determine whether to transfer to an appropriate
official of the Department each function described in paragraph
(1), (2), (3), or (5) of section 878(d) of the Homeland
Security Act of 2002 (6 U.S.C. 458(d)), as in effect on the day
before the date of enactment of this Act;
(2) transfer to an appropriate official of the Department
any function determined appropriate under paragraph (1) and any
personnel, assets, components, authorities, and liabilities
relating to the function; and
(3) submit to Congress a notification regarding any
function described in paragraph (1) that the Secretary does not
transfer under paragraph (2).
(c) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by striking the item relating to section 878.
SEC. 209. REORGANIZATION AUTHORITY.
Section 872 of the Homeland Security Act of 2002 (6 U.S.C. 452) is
amended--
(1) in subsection (a), by striking ``only'' and all that
follows through ``(2) after'' and inserting ``only after''; and
(2) by striking subsection (b) and inserting the following:
``(b) Limitations on Other Reorganization Authority.--
``(1) In general.--Authority under subsection (a) shall not
extend to the discontinuance, abolition, substantial
consolidation, alteration, or transfer of any agency, entity,
organizational unit, program, or function established or
required to be maintained by statute.
``(2) Exception.--
``(A) In general.--Notwithstanding paragraph (1),
if the President determines it to be necessary because
of an imminent threat to homeland security, a function,
power, or duty vested by law in the Department, or an
officer, official, or agency thereof, may be
transferred, reassigned, or consolidated within the
Department.
``(B) Notice.--Not later than 30 days after the
date on which the President makes a transfer,
reassignment, or consolidation under subparagraph (A),
the President shall notify the appropriate
congressional committees of the transfer, reassignment,
or consolidation.
``(C) Duration.--A transfer, reassignment, or
consolidation under subparagraph (A) shall remain in
effect only until the President determines that the
threat to homeland security has terminated or is no
longer imminent.
``(c) Publication.--Not later than 30 days after the date on which
the President or the Secretary makes a transfer, allocation,
assignment, consolidation, alteration, establishment, or discontinuance
under this section, the President or the Secretary shall publish in the
Federal Register--
``(1) the reasons for the action taken; and
``(2) a list of each statutory provision implicated by the
action.''.
SEC. 210. CHIEF INFORMATION OFFICER.
(a) In General.--Section 703 of the Homeland Security Act of 2002
(6 U.S.C. 343) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Responsibilities.--The Chief Information Officer shall--
``(1) advise and assist the Secretary, heads of the
components of the Department, and other senior officers in
carrying out the responsibilities of the Department for all
activities relating to the programs and operations of the
information technology functions of the Department;
``(2) establish the information technology priorities,
policies, processes, standards, guidelines, and procedures of
the Department;
``(3) coordinate and ensure implementation of information
technology priorities, policies, processes, standards,
guidelines, and procedures within the Department;
``(4) be responsible for information technology capital
planning and investment management in accordance with sections
11312 and 11313 of title 40, United States Code;
``(5) in coordination with the Chief Procurement Officer of
the Department, assume responsibility for information systems
acquisition, development and integration as required by section
11312 of title 40, United States Code;
``(6) in coordination with the Chief Procurement Officer of
the Department, review and approve any information technology
acquisition with a total value greater than a threshold level
to be determined by the Secretary;
``(7) in coordination with relevant officials of the
Department, ensure that information technology systems meet the
standards established under the information sharing
environment, as defined in section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);
``(8) perform other responsibilities required under section
3506 of title 44, United States Code, and section 11315 of
title 40, United States Code; and
``(9) perform such other responsibilities as the Secretary
may prescribe.''.
(b) Software Licensing.--
(1) In general.--Not later than 180 days after the
enactment of this Act, and every 2 years thereafter, the Chief
Information Officer of the Department, in consultation with
component chief information officers, shall--
(A) conduct a department-wide inventory of all
existing software licenses including utilized and
unutilized licenses;
(B) assess the needs of the Department and the
components of the Department for software licenses for
the upcoming 2 fiscal years; and
(C) examine how the Department can achieve the
greatest possible economies of scale and cost-savings
in the procurement of software licenses.
(2) Excess software licenses.--
(A) Plan to reduce software licenses.--If the Chief
Information Officer determines through the inventory
conducted under paragraph (1) that the number of
existing software licenses of the Department and the
components of the Department exceeds the needs of the
Department as assessed under paragraph (1)(B), the
Secretary, not later than 90 days after the date on
which the inventory is completed under paragraph (1),
shall establish a plan for bringing the number of
software licenses into balance with such needs of the
Department.
(B) Prohibition on procurement of new software
licenses.--
(i) In general.--Except as provided in
clause (ii), upon completion of a plan
established under subparagraph (A), no
additional resources may be obligated for the
procurement of new software licenses until such
time as the need of the Department exceeds the
number of existing and unused licenses.
(ii) Exception.--The Chief Information
Officer of the Department may allow the
purchase of additional licenses and amend the
number of needed licenses as necessary.
(3) Submission to congress.--A copy of each inventory
conducted under paragraph (1) and each plan established under
paragraph (2) shall be submitted to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives.
SEC. 211. DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS.
(a) In General.--Notwithstanding any other provision of law and not
later than the end of fiscal year 2018, the Secretary shall consolidate
the location of the headquarters of the Department and the headquarters
of components of the Department, as determined by the Secretary, in
accordance with this section.
(b) St. Elizabeths Hospital.--The Secretary shall ensure that--
(1) the headquarters consolidation under subsection (a)
occurs at the West Campus and East Campus of Saint Elizabeths
Hospital in the District of Columbia; and
(2) the sites of the headquarters consolidation include
adequate parking and infrastructure to support the offices and
employees relocated to the sites.
(c) Other Mission Support Activities.--
(1) In general.--The Secretary shall consolidate the
physical location of all components and activities of the
Department in the National Capitol Region that do not relocate
to the West Campus or East Campus of Saint Elizabeths Hospital
to as few locations within the National Capitol Region as
possible.
(2) Limitation.--The Secretary may only consolidate
components and activities described in paragraph (1) if the
consolidation can be accomplished without adversely affecting
the specific mission of the components or activities being
consolidated.
SEC. 212. FUTURE YEARS HOMELAND SECURITY PROGRAM.
Section 874(a) of the Homeland Security Act of 2002 (6 U.S.C.
454(a)) is amended by inserting ``but in any event not later than 30
days after the date on which the budget request is submitted,'' after
``at or about the same time,''.
SEC. 213. COUNTERING HOMEGROWN TERRORISM.
(a) Findings.--Congress finds the following:
(1) The Final Report of the National Commission on
Terrorist Attacks Upon the United States (commonly know as, and
in this section referred to as, the ``9/11 Commission Report'')
states that ``our strategy must match our means to two ends:
dismantling the al Qaeda network and prevailing in the longer
term over the ideology that gives rise to Islamist
terrorism.''.
(2) The President released a document in August 2011,
entitled ``Empowering Local Partners to Prevent Violent
Extremism in the United States'', which set forth a framework
for countering violent extremism in the United States.
(b) Designation of Official.--Not later than 30 days after the date
of enactment of this Act, the Secretary shall designate an official of
the Department to coordinate efforts to counter violent extremism in
the United States, particularly the ideology that gives rise to
Islamist terrorism as identified in the 9/11 Commission Report.
(c) Notice.--Not later than 15 days after the date on which the
Secretary designates an official under subsection (b), the Secretary
shall submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives a written notification of the designation.
(d) Report.--Not later than 90 days after the date on which the
Secretary designates an official under subsection (b), official
designated shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report detailing--
(1) the strategy and activities of the Department to
counter violent extremism in the United States, particularly
the ideology that gives rise to Islamist terrorism as
identified in the 9/11 Commission Report;
(2) which offices of the Department have significant
responsibilities for countering violent extremism in the United
States, particularly the ideology that gives rise to Islamist
terrorism as identified in the 9/11 Commission Report;
(3) the number of employees of the Department employees
whose time is fully or partially dedicated and the amount of
funding dedicated by the Department to countering violent
extremism in the United States, particularly the ideology that
gives rise to Islamist terrorism as identified in the 9/11
Commission Report;
(4) the type of Department-sponsored activities and
training for States and local governments, including products
and activities associated with State and major urban area
fusion centers, for countering violent extremism in the United
States, particularly the ideology that gives rise to Islamist
terrorism as identified in the 9/11 Commission Report;
(5) the metrics used to measure the effectiveness of
programs or activities of the Department or sponsored by the
Department aimed to counter violent extremism in the United
States, particularly the ideology that gives rise to Islamist
terrorism as identified in the 9/11 Commission Report; and
(6) the work of the Department to ensure that its
activities to counter violent extremism in the United States,
particularly the ideology that gives rise to Islamist terrorism
as identified in the 9/11 Commission report, are in compliance
with civil rights and civil liberties under applicable law.
SEC. 214. OFFICE OF CARGO SECURITY POLICY.
(a) Repeal.--Section 431 of the Homeland Security Act of 2002 (6
U.S.C. 239) is repealed.
(b) Transfer of Functions.--All functions and responsibilities of
the Office of Cargo Security Policy, as of the day before the date of
the enactment of this Act, shall be transferred to appropriate
officials within the Office of Policy.
SEC. 215. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Homeland Security Act of 2002.--
(1) Title i.--Title I of the Homeland Security Act of 2002
(6 U.S.C. 111 et seq.) is amended--
(A) in section 102(f)(10) (6 U.S.C. 112(f)(10)), by
striking ``the Directorate of Border and Transportation
Security'' and inserting ``Commissioner, Customs and
Border Protection''; and
(B) in section 103(a) (6 U.S.C. 113(a))--
(i) in paragraph (3), by striking ``Under
Secretary for Border and Transportation
Security'' and inserting ``Under Secretary for
Policy''; and
(ii) in paragraph (5), by striking ``the
Bureau of'' and inserting ``U.S.''.
(2) Title iv.--Title IV of the Homeland Security Act of
2002 (6 U.S.C. 201 et seq.) is amended--
(A) by amending the title heading to read as
follows:
``TITLE IV--BORDER AND TRANSPORTATION SECURITY'';
(B) in subtitle A, by amending the subtitle heading
to read as follows:
``Subtitle A--Border and Transportation Security'';
(C) by striking section 401 (6 U.S.C. 201);
(D) in section 402 (6 U.S.C. 202)--
(i) in the section heading, by striking
``responsibilities'' by inserting ``border and
transportation responsibilities''; and
(ii) by striking ``, acting through the
Under Secretary for Border and Transportation
Security,'';
(E) in section 411(a) (6 U.S.C. 211(a)), by
striking ``Under Secretary for Border and
Transportation Security'' and inserting ``Secretary'';
(F) in section 424(a) (6 U.S.C. 234(a)), by
striking ``Under Secretary for Border Transportation
and Security'' and inserting ``Secretary'';
(G) in section 441 (6 U.S.C. 251)--
(i) in the section heading, by striking
``to under secretary for border and
transportation security''; and
(ii) by striking ``Under Secretary for
Border and Transportation Security'' and
inserting ``Secretary'';
(H) in section 442 (6 U.S.C. 252)--
(i) by amending the section heading to read
as follows:
``SEC. 442. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.'';
(ii) in subsection (a)--
(I) in the subsection heading, by
striking ``Establishment of Bureau''
and inserting ``U.S. Immigration and
Customs Enforcement'';
(II) in paragraph (1), by striking
``a bureau to be known as the `Bureau
of Border Security'.'' and inserting
``an agency to be known as `U.S.
Immigration and Customs
Enforcement'.'';
(III) by amending paragraph (2) to
read as follows:
``(2) Assistant secretary.--The head of U.S. Immigration
and Customs Enforcement shall be the Assistant Secretary of
U.S. Immigration and Customs Enforcement, who--
``(A) shall also have the title of Director of U.S.
Immigration and Customs Enforcement; and
``(B) shall have a minimum of--
``(i) 5 years of professional experience in
law enforcement; and
``(ii) 5 years of management experience.'';
(IV) in paragraph (3)--
(aa) in the matter
preceding subparagraph (A), by
striking ``the Bureau of Border
Security'' and inserting ``U.S.
Immigration and Customs
Enforcement'';
(bb) in subparagraph (A)--
(AA) by striking
``Under Secretary for
Border and
Transportation
Security'' each place
such term appears and
inserting
``Secretary''; and
(BB) by inserting
``of U.S. Immigration
and Customs
Enforcement'' after
``Assistant Secretary''
each place such term
appears; and
(cc) in subparagraph (C)--
(AA) by striking
``Under Secretary for
Border and
Transportation
Security'' and
inserting ``Under
Secretary for Policy'';
(BB) by striking
``the Bureau of Border
Security'' and
inserting ``U.S.
Immigration and Customs
Enforcement''; and
(CC) by striking
``the Bureau of
Citizenship and
Immigration Services''
and inserting ``U.S.
Citizenship and
Immigration Services'';
(V) in paragraph (4)--
(aa) by striking ``the
Bureau of Border Security'' and
inserting ``U.S. Immigration
and Customs Enforcement''; and
(bb) by striking ``the
Bureau'' and inserting ``U.S.
Immigration and Customs
Enforcement''; and
(VI) in paragraph (5)(A)--
(aa) by striking ``the
Bureau of Border Security'' and
inserting ``U.S. Immigration
and Customs Enforcement''; and
(bb) by striking ``such
bureau'' each place such term
appears and inserting ``U.S.
Immigration and Customs
Enforcement'';
(iii) in subsection (b)--
(I) in paragraph (1), by striking
``the Bureau of Border Security'' and
inserting ``U.S. Immigration and
Customs Enforcement''; and
(II) in paragraph (2)--
(aa) in the matter
preceding subparagraph (A), by
striking ``Bureau of Border
Security'' and inserting ``U.S.
Immigration and Customs
Enforcement''; and
(bb) in subparagraph (B),
by striking ``the Bureau of
Citizenship and Immigration
Services (established under
subtitle E)'' and inserting
``U.S. Citizenship and
Immigration Services'';
(iv) in subsection (c)--
(I) by striking ``the Bureau of
Border Security'' each place such term
appears and inserting ``U.S.
Immigration and Customs Enforcement'';
and
(II) by striking ``the bureau'' and
inserting ``U.S. Immigration and
Customs Enforcement'';
(I) in section 443 (6 U.S.C. 253)--
(i) by striking ``The Under Secretary for
Border and Transportation Security'' and
inserting ``The Secretary''; and
(ii) by striking ``the Bureau of Border
Security'' each place such term appears and
inserting ``U.S. Immigration and Customs
Enforcement'';
(J) in section 444 (6 U.S.C. 254)--
(i) by striking ``The Under Secretary for
Border and Transportation Security'' and
inserting ``The Secretary'';
(ii) by striking ``pursuant to policies and
procedures applicable to employees of the
Federal Bureau of Investigation,''; and
(iii) by striking ``the Bureau of Border
Security'' and inserting ``U.S. Immigration and
Customs Enforcement'';
(K) by striking section 445 (6 U.S.C. 255);
(L) in section 451 (6 U.S.C. 271)--
(i) in the section heading, by striking
``bureau of'' and inserting ``u.s.'';
(ii) in subsection (a)--
(I) in the subsection heading, by
striking ``of Bureau'';
(II) in paragraph (1), by striking
``a bureau to be known as the Bureau
of'' and inserting ``an agency to be
known as U.S.'';
(III) in paragraph (2)--
(aa) by striking ``the
Bureau of Citizenship and
Immigration Services'' each
place such term appears and
inserting ``U.S. Citizenship
and Immigration Services''; and
(bb) by striking ``the
Bureau of Border Security'' and
inserting ``U.S. Immigration
and Customs Enforcement'';
(IV) in paragraph (3)--
(aa) by striking ``the
Bureau of Citizenship and
Immigration Services'' each
place such term appears and
inserting ``U.S. Citizenship
and Immigration Services''; and
(bb) by striking ``the
Bureau of Border Security of
the Department'' and inserting
``U.S. Immigration and Customs
Enforcement'';
(V) in paragraph (4)(A)--
(aa) by striking ``the
Bureau of'' and inserting
``U.S.''; and
(bb) by striking ``such
bureau'' each place such term
appears and inserting ``U.S.
Citizenship and Immigration
Services''; and
(VI) in paragraph (5), by striking
``the Bureau of'' and inserting
``U.S.'';
(iii) in subsection (b), by striking ``the
Bureau of'' and inserting ``U.S.'';
(iv) in subsection (c)--
(I) by striking ``the Bureau of''
each place such term appears and
inserting ``U.S.''; and
(II) in paragraph (2)--
(aa) in the matter
preceding subparagraph (A), by
striking ``Bureau of'' and
inserting ``U.S.''; and
(bb) in subparagraph (B),
by striking ``Border Security
of the Department'' and
inserting ``Immigration and
Customs Enforcement'';
(v) in subsection (d), by striking ``the
Bureau of'' each place such term appears and
inserting ``U.S.''; and
(vi) in subsection (e), by striking ``the
Bureau of'' each place such term appears and
inserting ``U.S.''; and
(vii) in subsection (f), by striking ``the
Bureau of'' each place such term appears and
inserting ``U.S.'';
(M) in section 452 (6 U.S.C. 272)--
(i) by striking ``the Bureau of'' each
place such term appears and inserting ``U.S.'';
and
(ii) in the heading to subsection (f), by
striking ``Bureau of'' and inserting ``U.S.'';
(N) in section 453 (6 U.S.C. 273)--
(i) by striking ``the Bureau of'' each
place such term appears and inserting ``U.S.'';
and
(ii) in subsection (a)(2), by striking
``such bureau'' and inserting ``U.S.
Citizenship and Immigration Services'';
(O) in section 454 (6 U.S.C. 274)--
(i) by striking ``the Bureau of'' each
place such term appears and inserting ``U.S.'';
and
(ii) by striking ``pursuant to policies and
procedures applicable to employees of the
Federal Bureau of Investigation,'';
(P) by striking section 455 (6 U.S.C. 271 note);
(Q) by redesignating section 456 (6 U.S.C. 275) as
section 455;
(R) in section 455, as redesignated--
(i) by striking ``the Bureau of'' each
place such term appears and inserting ``U.S.'';
and
(ii) by striking ``the effective date
specified in section 455'' and inserting ``the
date on which the functions specified under
section 441 were transferred'';
(S) by striking sections 459 and 460 (6 U.S.C. 276
and 277);
(T) by redesignating sections 461 and 462 as
sections 456 and 457, respectively;
(U) by striking section 471 (6 U.S.C. 291);
(V) in section 472 (6 U.S.C. 292)--
(i) in subsection (a)(2)--
(I) in subparagraph (B), by
striking ``the Bureau of Border
Security of the Department of Homeland
Security'' and inserting ``U.S.
Immigration and Customs Enforcement'';
and
(II) in subparagraph (C), by
striking ``the Bureau of Citizenship
and Immigration Services of the
Department of Homeland Security'' and
inserting ``U.S. Citizenship and
Immigration Services''; and
(ii) in subsection (e), by striking ``or
the Under Secretary for Border and
Transportation Security'';
(W) in section 474 (6 U.S.C. 294), by striking
``the Bureau of Border Security and the Bureau of'' and
inserting ``U.S. Immigration and Customs Enforcement
and U.S.'';
(X) in section 475(b) (6 U.S.C. 295(b)), by
striking ``the Bureau of Border Security and the Bureau
of'' and inserting ``U.S. Immigration and Customs
Enforcement and U.S.'';
(Y) in section 476 (6 U.S.C. 296), by striking
``the Bureau of Citizenship and Immigration Services
and the Bureau of Border Security'' each place it
appears and inserting ``U.S. Citizenship and
Immigration Services and U.S. Immigration and Customs
Enforcement''; and
(Z) in section 477 (6 U.S.C. 297)--
(i) by striking ``the Bureau of Citizenship
and Immigration Services and the Bureau of
Border Security'' each place it appears and
inserting ``U.S. Citizenship and Immigration
Services and U.S. Immigration and Customs
Enforcement''; and
(ii) by striking subsections (c) and (d).
(3) Title vii.--Section 701(b)(1)(A) of the Homeland
Security Act of 2002 (6 U.S.C. 341(b)(1)(A)) is amended by
striking ``the Bureau of Border Security and the Bureau of
Citizenship and Immigration Services'' and inserting ``U.S.
Immigration and Customs Enforcement and U.S. Citizenship and
Immigration Services''.
(4) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(A) by striking the item relating to title IV and
inserting the following:
``TITLE IV--BORDER AND TRANSPORTATION SECURITY'';
(B) by striking the item relating to subtitle A of
title IV and inserting the following:
``Subtitle A--Border and Transportation Security'';
(C) by striking the items relating to sections 401,
445, 455, 459, 460, and 471;
(D) by striking the items relating to section 441
and 442 and inserting the following:
``441. Transfer of functions.
``442. United States Immigration and Customs Enforcement.'';
and
(E) by striking the items relating to sections 456,
461, and 462 and inserting the following:
``455. Transition.
``456. Application of internet-based technologies.
``457. Children's affairs.''.
(5) Other laws.--
(A) Vulnerability and threat assessment.--Section
301 of the REAL ID Act of 2005 (8 U.S.C. 1778) is
amended--
(i) in subsection (a)--
(I) in the first sentence, by
striking ``Under Secretary of Homeland
Security for Border and Transportation
Security'' and inserting ``Secretary of
Homeland Security''; and
(II) in the second sentence, by
striking ``Under'';
(ii) in subsection (b)--
(I) by striking ``Under''; and
(II) by striking ``Under
Secretary's findings and conclusions''
and inserting ``Secretary's findings
and conclusions''; and
(iii) in subsection (c), by striking
``Directorate of Border and Transportation
Security''.
(B) Air charter program.--Section 44903(l)(1) of
title 49, United States Code, is amended by striking
``Under Secretary for Border and Transportation
Security of the Department of'' and inserting
``Secretary of''.
(C) Basic security training.--Section
44918(a)(2)(E) of title 49, United States Code, is
amended by striking ``Under Secretary for Border and
Transportation Security of the Department of'' and
inserting ``Secretary of''.
(D) Airport security improvement projects.--Section
44923 of title 49, United States Code, is amended--
(i) in subsection (a), in the matter
preceding paragraph (1), by striking ``Under
Secretary for Border and Transportation
Security of the Department of'' and inserting
``Secretary of'';
(ii) by striking ``Under Secretary'' each
place it appears and inserting ``Secretary of
Homeland Security''; and
(iii) in subsection (d)(3), in the
paragraph heading, by striking ``Under''.
(E) Repair station security.--Section 44924 of
title 49, United States Code, is amended--
(i) in subsection (a), by striking ``Under
Secretary for Border and Transportation
Security of the Department of'' and inserting
``Secretary of''; and
(ii) by striking ``Under Secretary'' each
place it appears and inserting ``Secretary of
Homeland Security''.
(F) Certificate actions in response to a security
threat.--Section 46111 of title 49, United States Code,
is amended--
(i) in subsection (a), by striking ``Under
Secretary for Border and Transportation
Security of the Department of'' and inserting
``Secretary of''; and
(ii) by striking ``Under Secretary'' each
place it appears and inserting ``Secretary of
Homeland Security''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act (6 U.S.C. 101(b)), as amended by section 310(b), is further
amended by inserting after the item relating to section 837 the
following new item:
``Sec. 838. Transparency and innovation in acquisition.''.
TITLE III--INFRASTRUCTURE PROTECTION AND RESILIENCE
SEC. 301. INFRASTRUCTURE PROTECTION AND RESILIENCE DIRECTORATE.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(1) in section 103(a)(8) (6 U.S.C. 113), by striking
``Secretary'' and all that follows and inserting ``Secretary
for Infrastructure Protection and Resilience.''; and
(2) in section 201 (6 U.S.C. 121)--
(A) in the section heading, by striking
``information'' and all that follows and inserting
``intelligence and analysis'';
(B) in subsection (a)--
(i) in the subsection heading, by striking
``and Infrastructure Protection''; and
(ii) by striking ``and an Office of
Infrastructure Protection'';
(C) in subsection (b)--
(i) in the subsection heading, by striking
``and Assistant Secretary for Infrastructure
Protection''; and
(ii) by striking paragraph (3);
(D) in subsection (c)--
(i) by striking ``and infrastructure
protection''; and
(ii) by striking ``or the Assistant
Secretary for Infrastructure Protection, as
appropriate'';
(E) in subsection (d)--
(i) in the subsection heading, by striking
``and Infrastructure Protection'';
(ii) in the matter preceding paragraph (1),
by striking ``and infrastructure protection'';
and
(iii) by striking paragraphs (2), (5), (6),
and (25);
(iv) in paragraph (3), in the matter
preceding subparagraph (A), by inserting ``, in
coordination with the Office of Infrastructure
Protection,'' after ``To integrate'';
(v) by redesignating paragraphs (3) and (4)
as paragraphs (2) and (3), respectively; and
(vi) by redesignating paragraphs (7)
through (24) as paragraphs (4) through (21),
respectively;
(F) in subsection (g), in the matter preceding
paragraph (1), by striking ``under this section''.
(b) Infrastructure Protection and Resilience Directorate.--
(1) In general.--Title II of the Homeland Security Act of
2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
``Subtitle E--Infrastructure Protection and Resilience Directorate
``SEC. 241. INFRASTRUCTURE PROTECTION AND RESILIENCE DIRECTORATE.
``(a) In General.--There is established in the Department, an
Infrastructure Protection and Resilience Directorate.
``(b) Under Secretary for Infrastructure Protection and
Resilience.--The Infrastructure Protection and Resilience Directorate
shall be headed by the Under Secretary for Infrastructure Protection
and Resilience.
``(c) Responsibilities.--The Under Secretary for Infrastructure
Protection and Resilience shall--
``(1) coordinate critical infrastructure protection and
resiliency activities within the Department;
``(2) ensure Federal facilities protected by the Federal
Protective Service are rendered safe and secure for Federal
employees, contract employees, officers, and visitors; and
``(3) perform such other duties as the Secretary may
prescribe.
``(d) Office of Infrastructure Protection.--
``(1) In general.--There is established in the
Infrastructure Protection and Resilience Directorate an Office
of Infrastructure Protection.
``(2) Assistant secretary for infrastructure protection.--
The Office of Infrastructure Protection shall be headed by the
Assistant Secretary for Infrastructure Protection, who shall be
appointed by the President.
``(3) Responsibilities.--The Assistant Secretary for
Infrastructure Protection shall--
``(A) promote, prioritize, coordinate, and plan for
the protection, security, resiliency, and postdisaster
restoration of critical infrastructure and key
resources of the United States against or in the event
of an act of terrorism, natural disaster, or other
manmade disaster, in coordination with other agencies
of the Federal Government and in cooperation with State
and local government agencies and authorities, the
private sector, and other entities;
``(B) carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks
posed by particular types of terrorist attacks within
the United States (including an assessment of the
probability of success of the attacks and the
feasibility and potential efficacy of various
countermeasures to the attacks);
``(C) integrate, in coordination with the Office of
Intelligence and Analysis, relevant information,
analyses, and vulnerability assessments of critical
infrastructure and key resources of the United States
(whether such information, analyses, or assessments are
provided or produced by the Department or others) in
order to identify priorities for protective and support
measures by the Department, other agencies of the
Federal Government, State, and local government
agencies;
``(D) develop a comprehensive national plan for
securing the key resources and critical infrastructure
of the United States, including power production,
generation, and distribution systems, information
technology, and telecommunications systems (including
satellites), electronic financial and property record
storage and transmission systems, emergency
preparedness communications systems, and the physical
and technological assets that support such systems;
``(E) recommend measures necessary to protect the
key resources and critical infrastructure of the United
States in coordination with other agencies of the
Federal Government and in cooperation with State and
local government agencies and authorities, the private
sector, and other entities;
``(F) for each sector identified in the National
Infrastructure Protection Plan, prepare and submit to
the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives, and to other
appropriate congressional committees having
jurisdiction over the critical infrastructure or key
resources, a report on the comprehensive assessments
carried out by the Secretary of the critical
infrastructure and key resources of the United States,
evaluating threat, vulnerability, and consequence, as
required under this subsection, which--
``(i) shall contain, if applicable, actions
or countermeasures recommended or taken by the
Secretary or the head of another Federal agency
to address issues identified in the
assessments; and
``(ii) shall be submitted not later than
the start of the third fiscal year beginning
after the date of enactment of this subtitle,
and every 4 years thereafter;
``(G) coordinate the identification and mitigation
of risks associated with assets and systems located
outside the United States, which, if disrupted or
destroyed, would critically affect the public health
and safety, economy, or national security of the United
States; and
``(H) perform such other duties as the Secretary
may prescribe.''.
(2) Continuation in office.--The individual serving as
Under Secretary for National Protection and Programs on the day
before the date of enactment of this Act, may serve as the
Under Secretary for Infrastructure Protection and Resilience
until the date on which an appointment to the position of Under
Secretary for Infrastructure Protection and Resilience is made
under section 103(a)(8) of the Homeland Security Act of 2002,
as amended by this Act.
(3) Technical and conforming amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended by inserting after the item
relating to section 235 the following:
``Subtitle E--Infrastructure Protection and Resilience Directorate
``Sec. 241. Infrastructure Protection and Resilience Directorate.''.
SEC. 302. FEDERAL PROTECTIVE SERVICE.
(a) In General.--Title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.), as amended by section 301, is amended by adding at
the end the following:
``Subtitle F--Federal Protective Service
``SEC. 251. FEDERAL PROTECTIVE SERVICE.
``(a) Establishment.--There is established within the Department
the Federal Protective Service, which shall be headed by a Director,
who shall report to the Under Secretary for Infrastructure Protection
and Resilience.
``(b) Assessment and Collection of Fees.--The Secretary may assess
and collect fees and security charges for the costs of providing
protective service.
``(c) Deposit of Fees.--Any fees or security charges paid under
this section shall be deposited in the appropriations account under the
heading `federal protective services' under the heading `National
Protection and Programs Directorate' of the Department.
``(d) Adjustment of Fees.--The Director of the Office of Management
and Budget shall adjust fees as necessary to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 241,
as added by section 301 the following:
``Subtitle F--Federal Protective Service
``Sec. 251. Federal Protective Service.''.
TITLE IV--PREPAREDNESS, RESPONSE, AND RECOVERY
SEC. 401. CATASTROPHIC INCIDENT PLANNING.
(a) Definitions.--Section 602 of the Post-Katrina Emergency
Management Act of 2006 (6 U.S.C. 701) is amended--
(1) by redesignating paragraphs (5) through (16) as
paragraphs (6) through (17), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) the term `critical infrastructure' has the meaning
given that term in section 1016(e) of the USA PATRIOT Act (42
U.S.C. 5195c(e));''.
(b) In General.--Section 653 of the Post-Katrina Emergency
Management Act of 2006 (6 U.S.C. 753) is amended--
(1) by redesignating subsections (b), (c), (d), and (e), as
subsections (e), (f), (g), and (h), respectively;
(2) by redesignating subsection (a) as subsection (c);
(3) by inserting before subsection (c), as redesignated,
the following:
``(a) Definition.--In this section, the term `catastrophic incident
planning' means planning to prevent, prepare for, protect against,
respond to, and recover from a catastrophic incident.
``(b) Planning.--In support of the national preparedness system,
the President shall ensure that there are comprehensive plans to
prevent, prepare for, protect against, respond to, and recover from
natural disasters, acts of terrorism, and other man-made disasters,
including catastrophic incidents, throughout the Federal Government.'';
(4) in subsection (c), as redesignated--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6);
(B) by inserting after paragraph (3), the
following:
``(4) conducts catastrophic incident planning as required
under subsection (d)(2);''; and
(C) in paragraph (5), as redesignated, by inserting
``, including for catastrophic incidents,'' after
``operational plans'';
(5) by inserting after subsection (c), as redesignated, the
following:
``(d) Catastrophic Incident Planning.--In carrying out subsections
(b) and (c), the President shall--
``(1) identify and prioritize risks of catastrophic
incidents, including risks across all critical infrastructure
sectors;
``(2) ensure that Federal agencies coordinate to conduct
comprehensive and effective catastrophic incident planning to
address prioritized catastrophic risks; and
``(3) review plans for catastrophic incidents developed by
Federal agencies to ensure the effectiveness of the plans,
including assessing whether--
``(A) the assumptions underlying plans for
catastrophic incidents are realistic;
``(B) the resources identified to implement the
plans are adequate for catastrophic incidents,
including whether the number, skills, and training of
the available workforce is sufficient to implement the
plans; and
``(C) plans for catastrophic incidents reflect
coordination with governmental and nongovernmental
entities that would play a significant role in the
response to the catastrophic incident.'';
(6) in subsection (e), as redesignated, by striking
``subsection (a)(4)'' and inserting ``subsection (c)(5)''; and
(7) in subsection (g), as redesignated, in the matter
preceding paragraph (1), by striking ``subsections (a) and
(b)'' and inserting ``subsections (c) and (e).''.
(c) Homeland Security Act.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the
following:
``SEC. 526. CATASTROPHIC INCIDENT PLANNING.
``(a) Definition.--In this section, the term `catastrophic incident
planning' means planning to prevent, prepare for, protect against,
respond to, and recover from a catastrophic incident.
``(b) Director.--The Secretary shall appoint a senior official
within the Agency who shall be responsible for catastrophic incident
planning, including--
``(1) assisting the President and the heads of Federal
agencies in identifying risks of catastrophic incidents for
which planning is likely to be most needed or beneficial,
including risks across all critical infrastructure sectors;
``(2) leading the efforts of the Department to conduct
catastrophic incident planning to address risks in the areas of
responsibility of the Department;
``(3) leading, promoting, and coordinating efforts of
Federal agencies to conduct catastrophic incident planning to
address risks, including by assisting in the assessing and
reviewing of plans of Federal agencies for catastrophic
incidents and plans of private sector entities for catastrophic
incidents submitted to the Federal agencies;
``(4) developing communications plans and prescripted
messages and message templates in accordance with section 530;
``(5) providing assistance to State, local, and tribal
governments in developing plans for catastrophic incidents;
``(6) promoting and supporting appropriate catastrophic
incident planning by private sector entities, including private
sector entities that own or manage critical infrastructure; and
``(7) otherwise assisting in the implementation of section
653 of the Post-Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 753).''.
(d) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 525
the following:
``Sec. 526. Catastrophic incident planning.''.
SEC. 402. PREPAREDNESS OF INDIVIDUALS AND COMMUNITIES.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by section 401, is amended by adding at
the end the following:
``SEC. 527. PREPAREDNESS OF INDIVIDUALS AND COMMUNITIES.
``(a) In General.--The Administrator shall enhance and promote the
preparedness of individuals and communities for natural disasters, acts
of terrorism, and other man-made disasters and coordinate with State,
local, and tribal governments and private sector and nongovernmental
organizations in these efforts.
``(b) Lead Official.--The Administrator shall appoint a senior
official within the Department to coordinate and oversee the activities
of the Agency to enhance and promote the preparedness of individuals
and communities for natural disasters, acts of terrorism, and other
man-made disasters.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 526,
as added by section 401, the following:
``Sec. 527. Preparedness of individuals and communities.''.
SEC. 403. FEDERAL RESPONSE AND RECOVERY PREPAREDNESS OFFICIALS.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended--
(1) in section 501 (6 U.S.C. 311)--
(A) in paragraph (8), by striking ``section
502(a)(6)'' and inserting ``section 504(a)(6)'';
(B) by redesignating paragraphs (9) through (14) as
paragraphs (10) through (15), respectively; and
(C) by inserting after paragraph (8) the following:
``(9) the term `recovery' means the short- and long-term
process of restoring, reshaping, and enhancing the resiliency
of the physical, social, economic, and natural environments,
government institutions, and the lives of affected
individuals.''; and
(2) by adding after section 527, as added by section 402 of
this Act, the following:
``SEC. 528. FEDERAL RESPONSE AND RECOVERY PREPAREDNESS OFFICIALS.
``(a) In General.--The Administrator shall ensure the preparedness
of Federal agencies to respond to and support recovery from a natural
disaster, act of terrorism, or other man-made disaster by--
``(1) ensuring the development of and preparedness of the
Agency to implement the National Response Framework and the
National Disaster Recovery Framework;
``(2) ensuring Federal agencies with responsibilities under
the National Response Framework and the National Disaster
Recovery Framework are prepared to fulfill those
responsibilities, including having appropriate staffing and
training; and
``(3) unless a major disaster is a catastrophic incident
relating to which the President has established a Commission
under section 327 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, resolving disagreements relating to
response to and recovery from major disasters between Federal
agencies with responsibilities under the National Disaster
Recovery Framework, including disagreements relating to a
particular major disaster and disagreements that arise before a
major disaster is declared.
``(b) Disaster Response and Recovery Officials.--The head of each
Federal agency with major responsibilities under the National Response
Framework or the National Disaster Recovery Framework, as determined by
the Administrator, shall designate a senior official to--
``(1) ensure the Federal agency is prepared to execute its
response and recovery responsibilities under such plans; and
``(2) coordinate disaster response and recovery efforts and
activities with the Administrator.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 527,
as added by section 402, the following:
``Sec. 528. Federal response and recovery preparedness officials.''.
SEC. 404. RECOVERY.
(a) Definition of Major Disaster.--Section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)
is amended by striking paragraph (2) and inserting the following:
``(2) Major disaster.--The term `major disaster' means any
natural disaster (including a pandemic), act of terrorism, or
other man-made disaster, in any part of the United States,
which in the determination of the President causes damage of
sufficient severity and magnitude to warrant major disaster
assistance under this Act to supplement the efforts and
available resources of States, local governments, and disaster
relief organizations in alleviating the damage, loss, hardship,
or suffering caused thereby.''.
(b) Other Definitions.--Section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is
amended by adding at the end the following:
``(11) Recovery.--The term `recovery' has the meaning given
that term in section 501 of the Homeland Security Act of 2002
(6 U.S.C. 311).
``(12) National disaster recovery framework.--The term
`National Disaster Recovery Framework' means the National
Disaster Recovery Framework developed under section 655 of the
Post-Katrina Emergency Management Reform Act of 2006.
``(13) Catastrophic incident.--The term `catastrophic
incident' has the meaning given that term in section 501 of the
Homeland Security Act of 2002 (6 U.S.C. 311).''.
(c) Recovery Efforts.--Section 402 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a) is
amended--
(1) in paragraph (3)--
(A) in subparagraph (D), by inserting ``and'' after
``measures;'';
(B) in subparagraph (E), by striking ``and'' at the
end; and
(C) by striking subparagraph (F);
(2) in paragraph (4), by striking ``and'' at the end;
(3) in paragraph (5)(B), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(6) assist State and local governments to recover from a
major disaster and coordinate Federal assistance for recovery
from the major disaster by--
``(A) identifying and coordinating Federal
resources, programs, and agencies to support the
implementation of recovery and mitigation efforts of
State and local governments;
``(B) providing technical and other advice to State
and local governments to manage, control, and mitigate
hazards and risk to reduce damages from a subsequent
major disaster;
``(C) in the case of a catastrophic incident,
establishing a Commission under section 327; and
``(D) providing financial and technical assistance
and advice to State and local governments affected by a
major disaster to--
``(i) assess the effects of the major
disaster;
``(ii) support coordinated and
comprehensive recovery planning; and
``(iii) support and facilitate
implementation of recovery plans and
actions.''.
(d) Recovery From a Catastrophic Incident.--Title III of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5141 et seq.) is amended by adding at the end the following:
``SEC. 327. CATASTROPHIC INCIDENT RECOVERY COMMISSIONS.
``(a) Definitions.--In this section--
``(1) the term `Administrator' means the Administrator of
the Federal Emergency Management Agency;
``(2) the term `Chairperson' means the Chairperson of a
Commission selected under subsection (b)(2); and
``(3) the term `Commission' means a commission established
under subsection (b)(1).
``(b) Commission Establishment.--
``(1) In general.--Immediately following a catastrophic
incident, the President may establish a commission to
facilitate and support States and local governments in
achieving an efficient, effective, and expeditious recovery
from the catastrophic incident.
``(2) Chairperson.--The President shall select an official
to serve as the Chairperson of each Commission to ensure the
responsibilities of the Commission are fulfilled. The
Chairperson shall have the authority to direct any Federal
agency to use the authorities and resources granted to the
Federal agency under Federal law in support of the efficient,
effective, and expeditious recovery from the catastrophic
incident.
``(3) Members of commissions.--Each Commission shall
include as a member the Administrator, the head of each Federal
agency with major responsibilities under the National Disaster
Recovery Framework, and the head of any other Federal agency
that the President determines necessary.
``(4) Staffing.--The Administrator and the head of each
Federal agency with responsibilities under the National
Disaster Recovery Framework shall each detail to each
Commission a sufficient number of senior officials with
decisionmaking authority and staff who shall serve full-time on
the Commission to ensure efficient administration of the
assistance provided by the Federal Government.
``(c) Responsibilities of a Commission.--A Commission shall--
``(1) develop and implement a strategic plan under
subsection (d) for the recovery from the catastrophic incident
and to mitigate against the effects of and foster resilience
against subsequent disasters;
``(2) coordinate the activities of Federal agencies
represented by the members of the Commission and other Federal
agencies that the President determines necessary and resolve
disagreements relating to recovery from the catastrophic
incident between or among Federal agencies;
``(3) compile data relating to the recovery from the
catastrophic incident, including on the Federal assistance
provided and the status of meeting recovery goals;
``(4) identify Federal regulations, policies, and
procedures that need to be streamlined and coordinated to
enable an efficient, expeditious, and effective recovery from
the catastrophic incident;
``(5) identify and facilitate the provision of Federal
funds to address gaps in the recovery from the catastrophic
incident;
``(6) coordinate with State and local governments on the
recovery from the catastrophic incident; and
``(7) take actions to prevent waste, fraud, and abuse in
the recovery from the catastrophic incident.
``(d) Strategic Recovery Plan.--
``(1) In general.--Not later than 90 days after the date of
a catastrophic incident, the Commission established for the
catastrophic incident shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a strategic recovery plan for how the Federal
Government will expeditiously assist State and local
governments in the recovery of the area affected by the
catastrophic incident.
``(2) Contents.--Each strategic plan submitted under
paragraph (1) shall be written in coordination with State and
local governments affected by the catastrophic incident and
shall include--
``(A) an assessment of challenges and needs faced
in the recovery from the catastrophic incident;
``(B) a description of how each Federal agency will
support State and local governments in the recovery
efforts, including technical, financial, and planning
assistance, and the roles and responsibilities of each
Federal agency in fulfilling the strategic plan;
``(C) a description of how each Federal agency on
the Commission will administer and provide staffing to
assist in the recovery from the catastrophic incident;
``(D) a description of any procedures of a Federal
agency that will be streamlined to help ensure an
efficient and effective recovery from the catastrophic
incident; and
``(E) a description of any legislative authority
needed to help ensure an efficient, expeditious, and
effective recovery from the catastrophic incident.
``(3) Update.--Not later than 180 days after the date on
which a Commission submits a strategic plan under paragraph
(1), and every 180 days thereafter until the date on which the
Commission terminates under subsection (e), the Commission
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate a report describing--
``(A) progress in the recovery from the
catastrophic incident since the date on which the most
recent strategic plan or report relating to the
catastrophic incident was submitted; and
``(B) major challenges and unmet needs remaining in
the recovery from the catastrophic incident.
``(e) Termination.--
``(1) In general.--The President shall terminate a
Commission established in relation to a catastrophic incident
when the President determines that all issues relating to the
Federal coordination of the recovery have been substantially
resolved.
``(2) Withdrawal.--Upon a determination by the President
that the matters with which a Federal agency has been involved
as part of a Commission have been substantially resolved, the
Federal agency may withdraw from the Commission.''.
SEC. 405. ENHANCING RESPONSE AND RECOVERY OPERATIONS AND PROGRAMS.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by section 403, is amended by adding at
the end the following:
``SEC. 529. ADMINISTRATION OF RESPONSE AND RECOVERY OPERATIONS AND
PROGRAMS.
``(a) Definitions.--In this section--
``(1) the term `annuitant' means an annuitant under a
Government retirement system;
``(2) the terms `deployed' and `deployment' mean the
performance of services under the response and recovery
operations and programs of the Agency, including exercises and
training for such operations and programs;
``(3) the term `Disaster Reserve Workforce' means the
Disaster Reserve Workforce established under subsection (b);
``(4) the term `employee' has the meaning given under
section 2105 of title 5, United States Code;
``(5) the term `employee designated for short term
deployments' means an employee hired under section 306(b)(1) of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5149(b)(1)) designated only for short-term
deployments;
``(6) the term `Government retirement system' means a
retirement system established by law for employees of the
Government of the United States;
``(7) the term `major project' means any project for which
the total costs are greater than $400,000;
``(8) the term `permanent seasonal employee' means an
employee, including an employee hired under section 306(b)(1)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5149(b)(1)), working under seasonal
employment as defined under section 340.401 of title 5 of the
Code of Federal Regulations or any successor regulation;
``(9) the term `reservist' means an employee who is a
member of the Disaster Reserve Workforce;
``(10) the term `response and recovery operations and
programs' means response operations and programs and recovery
operations and programs;
``(11) the term `response operations and programs' means
operations and programs that involve taking immediate actions
to save lives, protect property or the environment, or meet
basic human needs;
``(12) the term `recovery operations and programs' means
operations and programs to support and enable recovery, as
defined in section 501 of the Homeland Security Act of 2002;
and
``(13) the term `term employee' means an employee,
including an employee hired under section 306(b)(1) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5149(b)(1)), who is appointed to a term of 1 or more
years.
``(b) Disaster Reserve Workforce.--In order to provide efficiency,
continuity, quality, and accuracy in services performed under response
and recovery operations and programs there is within the Agency a
Disaster Reserve Workforce, which shall be used to supplement the work
of permanent full-time employees of the Agency on response and recovery
operations and programs.
``(c) Provision of Services Performed Under Response and Recovery
Operations and Programs.--
``(1) In general.--The Administrator shall ensure that the
Disaster Reserve Workforce can rapidly and efficiently deploy
qualified, skilled, and trained reservists for a sufficiently
long period to provide continuity in response and recovery
operations and programs.
``(2) Management and implementation.--
``(A) In general.--Sufficient numbers of qualified
permanent full-time employees of the Agency shall lead
and manage the Disaster Reserve Workforce and implement
response and recovery operations and programs,
including leading individual major projects under
sections 404, 406, and 407 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c, 5172, and 5173).
``(B) Reservists.--Reservists shall include--
``(i) term employees;
``(ii) permanent seasonal employees;
``(iii) employees designated for short-term
deployments;
``(iv) employees of the Department who are
not employees of the Agency; and
``(v) employees of other Federal agencies.
``(C) Short-term deployments.--Employees designated
for short-term deployments shall generally be
deployed--
``(i) when necessary to temporarily respond
to--
``(I) imminent natural disasters,
acts of terrorism, and other manmade
disasters; or
``(II) the immediate aftermath of
those disasters or acts;
``(ii) only for uncertain or temporary
durations; and
``(iii) absent extraordinary circumstances,
for less than 180 days each calendar year.
``(D) Reliance on certain reservists.--In
supporting the work of permanent full-time employees,
the Administrator--
``(i) shall rely to the greatest extent
possible on term employees and permanent
seasonal employees, in order to help ensure
greater efficiency, continuity, quality, and
accuracy in services performed under recovery
operations and programs; and
``(ii) may use discretion to deploy the
reservists most able to ensure the greatest
efficiency, continuity, quality, and accuracy
in services performed under response and
recovery operations and programs.
``(3) Policies and procedures.--In order to ensure that
efficient, continuous, and accurate services are provided under
response and recovery operations and programs, not later than
180 days after the date of enactment of this section, the
Administrator shall develop--
``(A) staffing policies and procedures that provide
for the proper implementation of and management of
response and recovery operations and programs by
sufficient numbers of permanent full-time senior-level
officials;
``(B) plans to recruit individuals who reside in
the area affected by a major disaster when long-term
recovery efforts are needed; and
``(C) policies and procedures relating to sections
403, 404, 406, 407, and 502 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b, 5170c, 5172, 5173, and 5192).
``(4) Minimum standards and guidelines for the disaster
reserve workforce.--
``(A) Standards and guidelines.--Not later than 180
days after the date of enactment of this section, the
Administrator shall develop standards and guidelines
for the Disaster Reserve Workforce, including--
``(i) setting appropriate mandatory before
and after disaster training requirements;
``(ii) establishing the minimum number of
days annually an individual is required to
deploy in a year during which there is
sufficient work for members of the Disaster
Reserve Workforce;
``(iii) providing for a reasonably long
time period for deployment to ensure continuity
in operations; and
``(iv) establishing performance
requirements, including for the timely and
accurate resolution of issues and projects.
``(B) Maintaining membership in the disaster
reserve workforce.--In order to maintain membership in
the Disaster Reserve Workforce, a reservist shall--
``(i) be credentialed in accordance with
section 510; and
``(ii) meet all minimum standards and
guidelines established under subparagraph (A)--
``(I) for term employees, before
being appointed to a term in the
Disaster Reserve Workforce; and
``(II) annually for all other
reservists.
``(C) Evaluation system.--In consultation with the
Director of the Office of Personnel Management, the
Administrator shall develop and implement a system to
continuously evaluate reservists to ensure that all
minimum standards and guidelines under this paragraph
are satisfied annually by all reservists. Chapter 43 of
title 5, United States Code, shall not apply to
reservists covered under the system developed and
implemented under this subparagraph.
``(5) Contractors.--Not later than 180 days after the date
of enactment of this section, the Administrator, in conjunction
with the Chief Human Capital Officer of the Agency, shall
establish policies and procedures for contractors that support
response and recovery operations and programs, which shall
ensure that the contractors have appropriate skills, training,
knowledge, and experience for assigned tasks, including by
ensuring that the contractors meet training, credentialing, and
performance requirements similar to the requirements for
reservists.
``(6) Reemployed annuitants.--
``(A) In general.--In appointing reservists to the
Disaster Reserve Workforce, the application of sections
8344 and 8468 of title 5, United States Code (relating
to annuities and pay on reemployment) or any other
similar provision of law under a Government retirement
system may be waived by the Administrator for
annuitants reemployed on deployments involving a direct
threat to life or property or other unusual
circumstances for the entirety of the deployment.
``(B) Limitations.--The authority under
subparagraph (A)--
``(i) is granted to assist the
Administrator in establishing and effectively
operating the Disaster Reserve Workforce if no
other qualified applicant is available for a
reservist position; and
``(ii) may be exercised only--
``(I) with respect to natural
disasters, acts of terrorism, or other
man-made disasters, including
catastrophic incidents; and
``(II) if the applicant will not
accept the position without a waiver.
``(C) Not employee for retirement purposes.--An
annuitant to whom a waiver under subparagraph (A) is in
effect shall not be considered an employee for purposes
of any Government retirement system.
``(7) Permanent employment positions.--
``(A) In general.--A reservist hired under section
306(b)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5149(b)(1)) may
compete for permanent positions in the Agency under
merit promotion procedures. The actual time deployed as
a reservist shall be considered creditable service for
purposes of such competition and shall be calculated,
for purposes of section 8411 of title 5, United States
Code, by dividing the total number of days of service
as a reservist by 365 to obtain the number of years of
service and dividing any remainder by 30 to obtain the
number of additional months of service and excluding
from the aggregate the fractional part of a month, if
any.
``(B) Consideration.--In evaluating a reservist
hired under section 306(b)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5149(b)(1)) for a potential permanent employment
position, the Administrator shall consider the
qualifications of, and performance as a reservist by,
the reservist, including the ability of the reservist
to timely, accurately, and creatively resolve issues
and projects when deployed.
``(C) Effective date and application.--This
paragraph shall--
``(i) take effect on the date on which the
Administrator implements the evaluation system
under paragraph (4)(C); and
``(ii) apply to periods of service
performed after that date.
``(8) No impact on agency personnel ceiling.--Reservists
shall not be counted against any personnel ceiling limitation
applicable to the Agency.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 528,
as added by section 403, the following:
``Sec. 529. Administration of response and recovery operations and
programs.''.
(c) Permanent Seasonal Employees.--Section 306(b) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5149(b)) is amended--
(1) in paragraph (1), by inserting ``or permanent seasonal
employees (as that term is defined under section 529(a)(8) of
the Homeland Security Act of 2002)'' after ``temporary
personnel''; and
(2) in paragraph (3), by inserting ``or the employment of
permanent seasonal employees (as that term is defined under
section 529(a)(8) of the Homeland Security Act of 2002)'' after
``additional personnel''.
SEC. 406. DEPARTMENT AND AGENCY OFFICIALS.
(a) In General.--Section 514(a) of the Homeland Security Act of
2002 (6 U.S.C. 321c(a)) is amended--
(1) by striking ``The President'' and inserting the
following:
``(1) In general.--The President'';
(2) by striking ``4 Deputy Administrators'' and inserting
``3 Deputy Administrators''; and
(3) by adding at the end the following:
``(2) Chief management officer.--
``(A) In general.--In addition to any Deputy
Administrators appointed under paragraph (1), the
President shall appoint 1 Deputy Administrator who
shall serve as the Chief Management Officer of the
Agency and advise the Administrator on matters relating
to the management of the Agency, including--
``(i) budgeting, appropriations,
expenditures of funds, accounting, and finance;
``(ii) procurement;
``(iii) human resources and personnel;
``(iv) information technology and
communications systems;
``(v) facilities, property, equipment, and
other material resources;
``(vi) security for personnel, information
technology and communications systems,
facilities, property, equipment, and other
material resources;
``(vii) identification and tracking of
performance measures relating to the
responsibilities of the Agency;
``(viii) grants and other assistance
management programs;
``(ix) the conduct of internal audits and
management analyses of the programs and
activities of the Agency;
``(x) controls over waste, fraud, and
abuse; and
``(xi) any other management duties
determined appropriate by the Administrator.
``(B) Criteria.--The Deputy Administrator appointed
under subparagraph (A) shall have--
``(i) extensive executive level leadership
and management experience in the public or
private sector;
``(ii) strong leadership skills;
``(iii) a demonstrated ability to manage
large and complex organizations; and
``(iv) a proven record in achieving
positive operational results.''.
(b) Provision of Information to Congress.--
(1) Definition.--In this subsection, the term ``appropriate
committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(2) Strategy.--Not later than 1 year after the date of
enactment of this Act, the Chief Management Officer of the
Federal Emergency Management Agency and the Under Secretary for
Management shall submit to the appropriate committees of
Congress a strategy for improving the management of the Federal
Emergency Management Agency.
(3) Briefings.--Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter until the
date that is 3 years after the date of enactment of this Act,
the Chief Management Officer of the Federal Emergency
Management Agency and the Under Secretary for Management shall
brief the appropriate committees of Congress on measures taken
to improve the management of the Federal Emergency Management
Agency, including, after the strategy is submitted under
paragraph (2), information regarding implementation of the
strategy.
SEC. 407. INFRASTRUCTURE PROTECTION ASSISTANCE.
(a) Port Security Grants.--There is authorized to be appropriated
to the Secretary to make grants for port security in accordance with
section 70107 of title 46, United States Code, $249,500,000 for fiscal
year 2012.
(b) Surface Transportation Security Grants.--
(1) In general.--There is authorized to be appropriated to
the Secretary to make grants for public transportation
security, railroad security, and over-the-road bus security in
accordance with sections 1406, 1513, and 1532 of the
Implementing Recommendations of 9/11 Commission Act of 2007 (6
U.S.C. 1135, 1163, and 1182), $249,500,000 for fiscal year
2012.
(2) Program guidance.--The Secretary shall--
(A) ensure public transportation and passenger rail
security grants are awarded on the basis of remediating
risk to the system and to the region as a whole;
(B) require applications be reviewed and approved
by a Regional Transit Security Working Group comprised
of representatives of all eligible transportation
systems in the region, the homeland security offices of
each State in the region, and other relevant regional
officials;
(C) require a Federal Security Director familiar
with the region, or another Federal security official
familiar with the region and designated by the
Secretary, to rank applications based on the
anticipated ability of the proposed use of funds to
protect passengers from acts of terrorism, including
the use of explosive devices and the release of
biological, chemical, and radiological agents; and
(D) in any year in which more than 50 percent (by
dollar value) of all funding available for grants under
sections 1406, 1513, and 1532 of the Implementing
Recommendations of 9/11 Commission Act of 2007 (6
U.S.C. 1135, 1163, and 1182) is awarded for securing or
remediating risk to specific physical assets, submit a
report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives
describing how the grant funds awarded under those
sections will be used to protect passengers from acts
of terrorism, including the use of explosive devices
and the release of biological, chemical, and
radiological agents.
SEC. 408. FEDERAL-STATE BORDER SECURITY COOPERATION.
(a) In General.--Title XX of the Homeland Security Act of 2002 (6
U.S.C. 601 et seq.) is amended by adding at the end the following:
``Subtitle C--Other Grant Programs
``SEC. 2041. OPERATION STONEGARDEN GRANT PROGRAM.
``(a) Financial Assistance.--
``(1) Authority.--
``(A) In general.--The Secretary, acting through
the Administrator, may make grants to States to
facilitate and enhance participation by States, local
governments, and Indian tribes in border security
efforts.
``(B) Consultation.--In developing guidance for
grants authorized under this section, the Administrator
shall consult with the Commissioner of U.S. Customs and
Border Protection.
``(2) Eligibility.--A State is eligible for a grant under
this section if the State has an international water border or
is located on the international border between the United
States and Mexico or the United States and Canada.
``(3) Availability and use of funds.--
``(A) In general.--Not later than 45 days after the
date on which a State receives funds under a grant
under this section, the State shall make available not
less than 95 percent of the funds to participating
entities of the State or a local government or Indian
tribe in the State.
``(B) Retained funds.--A States may use not more
than 5 percent of the funds received under a grant
under this section for expenses relating to the
management and administration of the grant.
``(C) Management and administration.--A local
government or Indian tribe that receives grant funds
under this section may use not more than 5 percent of
the funds for expenses relating to the management and
administration of the grant.
``(4) Limitations on use of funds.--Funds provided under a
grant under this section may not be used to--
``(A) supplant State, local, or tribal government
funds;
``(B) pay salaries or benefits for personnel, other
than overtime expenses of regular and reserve law
enforcement personnel or regular pay expenses of
reserve law enforcement personnel; or
``(C) construct or renovate buildings or other
physical facilities.
``(5) Prioritization.--In allocating funds among eligible
States applying for grants under this section, the
Administrator shall consider--
``(A) an assessment of the risks associated with
cross-border threats to a State, including terrorism
and other criminal activities, including consideration
of--
``(i) the most current threat assessments
available to the Department relevant to the
border of the State;
``(ii) border-specific law enforcement
intelligence;
``(iii) the length of the international
border of the State; and
``(iv) such other factors as the
Administrator determines appropriate;
``(B) the anticipated effectiveness of the proposed
use of the grant by the State to enhance border
security capabilities; and
``(C) the results of peer review evaluations of
applications conducted by State, local, and tribal law
enforcement personnel.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $55,000,000 for each of
fiscal years 2012 through 2017.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 2022
the following:
``Subtitle C--Other Grant Programs
``Sec. 2041. Operation Stonegarden grant program.''.
SEC. 409. EMERGENCY MANAGEMENT ASSISTANCE COMPACT.
Section 661(d) of the Post-Katrina Emergency Management Reform Act
of 2006 (6 U.S.C. 761(d)) is amended by striking ``$4,000,000 for
fiscal year 2008'' and inserting ``$2,000,000 for each of fiscal years
2012 through 2016''.
SEC. 410. REPEAL OF EMERGENCY OPERATIONS CENTER GRANT PROGRAM.
(a) In General.--Subtitle A of title VI of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.)
is amended--
(1) by striking section 614 (42 U.S.C. 5196c); and
(2) by redesignating sections 615 and 616 (42 U.S.C. 5196d
and 5196f) as sections 614 and 615, respectively.
(b) Savings Clause.--A grant made under section 614 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act before the
date of enactment of this Act shall remain in full force and effect
under the terms and conditions, and for the duration, of the grant.
SEC. 411. PERFORMANCE MEASURES.
In order to ensure that States, high-risk urban areas, and other
grant recipients use grants administered by the Department effectively,
the Administrator of the Federal Emergency Management Agency shall
develop and implement performance metrics in accordance with the
comprehensive assessment system under section 649 of the Post-Katrina
Emergency Management Act of 2006 (6 U.S.C. 749) and section 2022(a)(4)
of the Homeland Security Act of 2002 (6 U.S.C. 612(a)(4)).
SEC. 412. COMMUNICATIONS PLANNING.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by section 405, is amended by adding at
the end the following:
``SEC. 530. COMMUNICATIONS PLANNING.
``(a) Incorporation of Communications Plans.--
``(1) In general.--The Secretary, acting through the senior
official responsible for catastrophic incident planning
appointed under section 526 (in this section referred to as the
`designated official'), shall develop communications plans for
providing information to the public related to preparing for,
protecting against, and responding to natural disasters, acts
of terrorism, and other man-made disasters, including
catastrophic incidents involving the use of weapons of mass
destruction.
``(2) Consultation.--In developing communications plans
under paragraph (1), the designated official shall consult with
State, local, and tribal governments and coordinate, as the
designated official considers appropriate, with other executive
agencies that have responsibilities under the National Response
Framework and other relevant executive agencies.
``(b) Prescripted Messages and Message Templates.--
``(1) In general.--As part of the communication plans, the
designated official shall develop prescripted messages or
message templates to be included in the plans to be provided to
State, local, and tribal government officials so that those
officials can quickly and rapidly disseminate critical
information to the public in anticipation or in the immediate
aftermath of a disaster or incident.
``(2) Development and design.--The prescripted messages or
message templates shall--
``(A) be developed, as the designated official
determines appropriate, in consultation with State,
local, and tribal governments and in coordination with
other executive agencies that have responsibilities
under the National Response Framework and other
relevant executive agencies;
``(B) be designed to provide accurate, essential,
and appropriate information and instructions to the
population directly affected by a disaster or incident,
including information related to evacuation, sheltering
in place, and issues of immediate health and safety;
and
``(C) be designed to provide accurate, essential,
and appropriate technical information and instructions
to emergency response providers and medical personnel
responding to a disaster or incident.
``(c) Communications Formats.--In developing the prescripted
messages or message templates required under subsection (b), the
designated official shall develop each such prescripted message or
message template in multiple formats to ensure delivery--
``(1) in cases where the usual communications
infrastructure is unusable as a result of the nature of a
disaster or incident; and
``(2) to individuals with disabilities or other special
needs and individuals with limited English proficiency in
accordance with section 616 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196d).
``(d) Dissemination and Technical Assistance.--The designated
official shall ensure that all prescripted messages and message
templates developed under this section are made available to State,
local, and tribal governments so that those governments may incorporate
the messages and templates into the emergency plans of those
governments. The designated official shall also make available relevant
technical assistance to those governments to support communications
planning.
``(e) Exercises.--To ensure that the prescripted messages or
message templates developed under this section can be effectively
utilized in a disaster or incident, the designated official shall
incorporate such prescripted messages or message templates into
exercises conducted under the National Exercise Program described in
section 648 of the Post-Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 748).
``(f) Submission of Plans.--Not later than 1 year after the date of
the enactment of this section, the designated official shall submit to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives a copy of the communications plans required to be
developed under this section, including--
``(1) prescripted messages or message templates developed
in conjunction with the plans; and
``(2) a description of the means that will be used to
deliver such messages in a natural disaster, act of terrorism,
or other man-made disaster.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by
inserting after the item relating to section 529, as added by section
405, the following:
``Sec. 530. Communications planning.''.
SEC. 413. GUIDELINES CONCERNING WEAPONS OF MASS DESTRUCTION.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by section 412, is amended by adding at
the end the following:
``SEC. 531. GUIDELINES CONCERNING WEAPONS OF MASS DESTRUCTION.
``(a) Establishment of Guidelines.--Not later than 1 year after the
date of enactment of the Department of Homeland Security Authorization
Act of 2011, the Secretary shall--
``(1) develop guidelines for responding to an explosion or
release of nuclear, biological, radiological, or chemical
material, in coordination with--
``(A) State, local, and tribal governments;
``(B) Federal agencies with--
``(i) responsibilities for responding to
weapons of mass destruction incidents under the
National Response Framework; or
``(ii) relevant scientific or worker health
expertise; and
``(C) representatives of--
``(i) emergency response provider
organizations; and
``(ii) public health and medical
organizations; and
``(2) make the guidelines developed under paragraph (1)
available to State, local, and tribal governments,
nongovernmental organizations, and the private sector.
``(b) Contents.--The guidelines developed under subsection (a)(1)
shall contain, at a minimum--
``(1) protective action guidelines for ensuring the health
and safety of emergency response providers;
``(2) information regarding the effects of the biological,
chemical, or radiological agent on those exposed to the agent;
and
``(3) information regarding how emergency response
providers and mass care facilities may most effectively deal
with individuals affected by an incident involving a nuclear,
biological, radiological, or chemical material.
``(c) Review and Revision of Guidelines.--The Secretary shall--
``(1) not less frequently than every 2 years, review the
guidelines developed under subsection (a)(1);
``(2) make revisions to the guidelines as appropriate; and
``(3) make the revised guidelines available to State,
local, and tribal governments, nongovernmental organizations,
the private sector, and the general public.
``(d) Procedures for Developing and Revising Guidelines.--In
carrying out the requirements of this section, the Secretary shall
establish procedures to--
``(1) inventory any relevant hazardous material response
guidelines;
``(2) enable the public to submit recommendations of areas
for which guidelines could be developed under subsection
(a)(1);
``(3) determine which entities should be consulted in
developing or revising the guidelines;
``(4) on a regular basis, prioritize guidelines that should
be developed or revised; and
``(5) develop and disseminate the guidelines in accordance
with the prioritization under paragraph (4).
``(e) Submission of Guidelines.--Not later than 1 year after the
date of enactment of the Department of Homeland Security Authorization
Act of 2011, and annually thereafter, the Secretary shall submit
guidelines developed under this section to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by
inserting after the item relating to section 530, as added by section
409, the following:
``Sec. 531. Guidelines concerning weapons of mass destruction.''.
SEC. 414. PLUME MODELING.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by inserting after section 317 the
following:
``SEC. 318. PLUME MODELING.
``(a) Definitions.--In this section--
``(1) the term `integrated plume model' means a plume model
that integrates protective action guidance and other
information as the Secretary of Homeland Security determines
appropriate; and
``(2) the term `plume model' means the assessment of the
location and prediction of the spread of nuclear, radioactive,
or chemical fallout and biological pathogens resulting from an
explosion or release of nuclear, radioactive, chemical, or
biological substances.
``(b) Development.--
``(1) In general.--The Secretary shall develop and
disseminate integrated plume models to enable rapid response
activities following a nuclear, radiological, chemical, or
biological explosion or release.
``(2) Scope.--The Secretary shall--
``(A) ensure the rapid development and distribution
of integrated plume models to appropriate officials of
the Federal Government and State, local, and tribal
governments to enable immediate response to a nuclear,
radiological, chemical, or biological incident; and
``(B) establish mechanisms for dissemination by
appropriate emergency response officials of the
integrated plume models described in paragraph (1) to
nongovernmental organizations and the public to enable
appropriate response activities by individuals.
``(3) Consultation with other departments and agencies.--In
developing the integrated plume models described in this
section, the Secretary shall consult, as appropriate, with--
``(A) the Secretary of Energy, the Secretary of
Defense, the Secretary of Health and Human Services,
the Secretary of Commerce, and the heads of other
executive agencies determined appropriate by the
Secretary; and
``(B) State, local, and tribal governments and
nongovernmental organizations.
``(c) Exercises.--The Secretary shall ensure that the development
and dissemination of integrated plume models are assessed during
exercises administered by the Department.
``(d) Review.--Not later than 180 days after the date of enactment
of this section, and every 2 years thereafter, the Secretary shall
review the process for providing integrated plume models developed
under this section to ensure that the integrated plume models--
``(1) are clear and informative;
``(2) meet the needs of incident commanders; and
``(3) incorporate lessons learned during exercises
administered by the Department.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 317
the following:
``Sec. 318. Plume modeling.''.
SEC. 415. IDENTIFICATION OF DISASTER MANAGEMENT RESOURCES.
Section 1105(a)(35) of title 31, United States Code, is amended by
adding at the end the following:
``(D) In implementing this paragraph, the President shall
include in each budget a description of resources identified to
support the preparedness, response, and recovery
responsibilities of each Federal agency with responsibilities
under the National Response Framework and the National Disaster
Recovery Framework.''.
SEC. 416. ANTIFRAUD TRAINING.
Section 698 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 797) is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(a) In General.--The Administrator''; and
(2) by adding at the end the following:
``(b) Reporting.--For the fiscal year in which this subsection is
enacted, and each fiscal year thereafter for 5 fiscal years, the
Administrator shall submit to Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security and the Committee on Transportation and Infrastructure of the
House of Representatives a report identifying the number of employees
of the Agency and contractors trained under the program developed under
subsection (a).''.
SEC. 417. INFORMATION TECHNOLOGY.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``covered information technology purchase''
means a purchase of information technology for an amount
greater than a threshold amount, which the Administrator shall
establish.
(b) Policy.--Not later than 90 days after the date of enactment of
this Act, the Administrator shall implement a policy requiring the
Chief Information Officer of the Federal Emergency Management Agency to
approve a covered information technology purchase before the Federal
Emergency Management Agency may make the covered information technology
purchase.
(c) Reporting.--Not later than 1 year after the date of enactment
of this Act, and every year thereafter until the date that is 5 year
after the date of enactment of this Act, the Administrator shall submit
to the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the implementation of the policy
described in subsection (b), which shall include a list of any covered
information technology purchases made by the Federal Emergency
Management Agency in violation of the policy during the period covered
by the report.
SEC. 418. METROPOLITAN MEDICAL RESPONSE SYSTEM.
(a) Definition.--Section 2001 of the Homeland Security Act of 2002
(6 U.S.C. 601) is amended--
(1) by redesignating paragraphs (8) through (14) as
paragraphs (9) through (15), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) Mass casualty incident.--The term `mass casualty
incident' means any natural disaster, act of terrorism, or
other man-made disaster, including a disease epidemic, that
results in significant numbers of injuries or deaths and to
which the response has the potential to overwhelm routine
emergency medical services.''.
(b) Authorization.--Subtitle C of title XX of the Homeland Security
Act of 2002, as added by section 408, is amended by adding at the end
the following:
``SEC. 2042. METROPOLITAN MEDICAL RESPONSE SYSTEM.
``(a) In General.--There is in the Department a Metropolitan
Medical Response System.
``(b) Purpose.--The purpose of the Metropolitan Medical Response
System shall be to support States, local governments, and Indian tribes
in preparing for, protecting against, and responding to mass casualty
incidents by systematically enhancing cooperation and integration of
emergency response providers and public health and medical personnel.
``(c) Metropolitan Medical Response System Management.--In
coordination with the Chief Medical Officer, the Administrator shall--
``(1) establish objectives and a strategy for the
Metropolitan Medical Response System, consistent with the
National Response Framework and National Incident Management
System;
``(2) develop and oversee standards, plans, training, and
exercises; and
``(3) provide technical assistance to States, local
governments, and Indian tribes in preparing for, protecting
against, and responding to mass casualty incidents.
``(d) Financial Assistance.--
``(1) Authorization of grants.--
``(A) In general.--The Secretary, acting through
the Administrator, may make grants under this section
to States, local governments, and Indian tribes to
assist in preparing for, protecting against, and
responding to mass casualty incidents.
``(B) Consultation.--In developing guidance for
grants authorized under this section, the Administrator
shall consult with the Chief Medical Officer.
``(2) Use of funds.--A grant made under this section may be
used in support of public health and medical preparedness for
mass casualty incidents through the integration of emergency
response providers and public health and medical personnel,
including--
``(A) medical surge capacity;
``(B) mass prophylaxis;
``(C) chemical, biological, radiological, nuclear,
and explosive detection, response, and decontamination
capabilities;
``(D) mass triage and pre-hospital treatment plans
and capabilities;
``(E) planning;
``(F) information sharing and collaboration
capabilities of State, local, and tribal governments
and Federal response entities and regional areas;
``(G) medicinal stockpiling, management,
distribution, and dispensing;
``(H) fatality management;
``(I) training and exercises;
``(J) integration and coordination of the
activities and capabilities of public health personnel
and medical care providers with those of other
emergency response providers as well as private sector
and nonprofit organizations; and
``(K) any other activities as the Administrator may
provide.
``(3) Eligibility.--
``(A) In general.--The Administrator, in
consultation with the Chief Medical Officer, shall
establish criteria for determining whether a State,
local government, or Indian tribe may be awarded a
grant under this subsection.
``(B) Limitations.--In determining which States,
local governments, and Indian tribes shall be awarded
grants under this subsection, the Administrator shall
ensure that--
``(i) not less than 1 jurisdiction in each
State is awarded a grant; and
``(ii) the total number of jurisdictions
awarded grants does not exceed the number of
jurisdictions awarded grants under the
Metropolitan Medical Response Program under
section 635 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 723) in
fiscal year 2010.
``(C) Regional coordination.--The Administrator
shall ensure that each recipient of a grant under this
subsection, as a condition of receiving that grant, is
actively coordinating its preparedness efforts with
surrounding jurisdictions and with emergency response
providers from all relevant disciplines, to effectively
enhance regional preparedness.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the program under this section $41,000,000
for each of fiscal years 2012 through 2014.''.
(c) Program Review.--
(1) In general.--The Administrator of the Federal Emergency
Management Agency and the Chief Medical Officer shall conduct a
review of the Metropolitan Medical Response System authorized
under section 2042 of the Homeland Security Act of 2002, as
added by subsection (b), including an examination of--
(A) the goals and objectives of the Metropolitan
Medical Response System;
(B) the extent to which the goals and objectives
are being met;
(C) the performance metrics that can best help
assess whether the Metropolitan Medical Response System
is succeeding;
(D) how the Metropolitan Medical Response System
can be improved;
(E) how the Metropolitan Medical Response System
can best be coordinated with other preparedness
programs supported by the Department;
(F) how the number of jurisdictions, the criteria
to award jurisdictions, and the relative allocation of
financial assistance under the Metropolitan Medical
Response System should be determined; and
(G) the resource requirements of the Metropolitan
Medical Response System.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency and the Chief Medical Officer shall
submit a report on the results of the review under this
subsection to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(d) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to
section 2041, as added by section 408, the following:
``Sec. 2042. Metropolitan Medical Response System.''.
(2) Repeal.--Section 635 of the Post-Katrina Management
Reform Act of 2006 (6 U.S.C. 723) is repealed.
(3) Program not affected.--Section 2002(b)(5) of the
Homeland Security Act of 2002 (6 U.S.C. 603(b)(5)) is amended
by striking ``section 635 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 723)'' and inserting
``subtitle C''.
SEC. 419. REGIONAL CATASTROPHIC GRANT PROGRAM.
(a) In General.--On and after the date of enactment of this Act,
the Administrator of the Federal Emergency Management Agency may not
award a grant under the Regional Catastrophic Preparedness Grant
Program.
(b) Savings Clause.--Any grant awarded for a fiscal year beginning
before October 1, 2011 and any funds provided under a grant under the
Regional Catastrophic Preparedness Grant Program before the date of
enactment of this Act shall continue and may be used under the terms
and conditions of the program.
(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Administrator of the Federal Emergency
Management Agency from providing support and assistance to grantees
under the Regional Catastrophic Preparedness Grant Program, including
assistance with program implementation, through the remaining
performance period of a grant awarded before the date of enactment of
this Act.
SEC. 420. REPORT ON CONSOLIDATION OF GRANT PROGRAMS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report on the suitability,
feasibility, and efficiency of consolidating grant programs
administered by the Department, other than grants awarded in
conjunction with a major disaster or emergency declared under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
TITLE V--BORDER SECURITY
SEC. 501. WORKFORCE STAFFING PLAN.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the
following:
``SEC. 447. WORKFORCE STAFFING PLAN.
``(a) In General.--Not later than 1 year after the date of the
enactment of this section, and every 2 years thereafter through
September 30, 2017, the Secretary of shall develop a workforce staffing
plan that--
``(1) details the optimal level of staffing required to
carry out the responsibilities of U.S. Customs and Border
Protection (referred to in this section as `CBP') and U.S.
Immigration and Customs Enforcement (referred to in this
section as `ICE');
``(2) describes the process through which CBP and ICE will
make workforce allocation decisions;
``(3) links CBP and ICE workforce allocation decisions to
analyses of threats; and
``(4) describes any coordination between CBP and ICE
staffing plans to secure specific segments of the border
region.
``(b) Submission.--The Secretary shall submit each workforce
staffing plan to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding after
the item relating to section 446 the following:
``Sec. 447. Workforce staffing plan.''.
SEC. 502. SURGE DEPLOYMENT.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 251 et seq.), as amended by section 501(a), is
further amended by adding at the end the following new section:
``SEC. 448. SURGE DEPLOYMENT.
``The Commissioner of U.S. Customs and Border Protection may deploy
existing surge teams to proactively respond to intelligence-related,
high-risk threats or to assist or augment agency operations at ports of
entry in the United States during emergencies or other events that
require additional staffing for a limited period of time.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.), as amended by section
501(b), is further amended by adding after the item relating to section
447 the following:
``Sec. 448. Surge deployment.''.
SEC. 503. ENHANCED TRAINING FOR BORDER PATROL AGENTS.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 251 et seq.), as amended by section 502(a), is
further amended by adding at the end the following:
``SEC. 449. ENHANCED TRAINING FOR BORDER PATROL AGENTS.
``(a) In General.--The Secretary shall review and, to the extent
necessary, revise the field training provided to Border Patrol agents
to ensure that Border Patrol agents are adequately prepared to deal
with the specific challenges posed by the station to which they are
assigned.
``(b) Training Components.--Training described in subsection (a)
should include--
``(1) a station-specific threat analysis that informs
Border Patrol agents of the enforcement priorities in the
station to which they are assigned;
``(2) a station-specific enforcement plan that sets out how
Border Patrol agents will be deployed to meet those threats;
``(3) border- and region-specific survival training to
acclimate Border Patrol agents for operating in extreme weather
and environmental conditions, especially in emergency
situations; and
``(4) communications training to ensure that Border Patrol
agents are effectively and respectfully communicating with the
public.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.), as amended by section
502(b), is further amended by adding after the item relating to section
448 the following:
``Sec. 449. Enhance training for Border Patrol agents.''.
SEC. 504. OUTBOUND INSPECTIONS.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Homeland Security shall ensure
that U.S. Customs and Border Protection has instituted an outbound
inspections program at land, air, and maritime ports of entry.
(b) Program Components.--In executing the outbound inspections
program under this section, the Secretary shall leverage existing
resources and capabilities within the Department to--
(1) ensure that risk-based outbound inspections are
routinely conducted;
(2) provide for the inspections to conducted in a safe and
efficient manner;
(3) direct appropriate resources to areas that demonstrate
a higher risk of outbound violations;
(4) include a strategy for mitigating efforts by smuggling
organizations to circumvent outbound inspections; and
(5) collect information concerning aliens exiting the
United States, pursuant to section 110 of division C of the
Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. 1365a).
(c) Wait Times.--The Secretary shall ensure that outbound
inspections carried out under this subsection do not add significantly
to wait times for crossing the border.
SEC. 505. SITUATIONAL AWARENESS OF THE NORTHERN BORDER.
(a) Definitions.--In this section:
(1) Northern border.--The term ``northern border'' means
the land and maritime border between the United States and
Canada.
(2) Situational awareness.--The term ``situational
awareness'' means the perception of activity at and between
land, maritime, and air ports of entry into the United States.
(b) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
a plan for improving situational awareness over the northern border,
including U.S. Customs and Border Protection's ability to identify
illegal entries.
(c) Plan Contents.--The plan developed under subsection (b) shall
include--
(1) an assessment of the assets or technologies currently
deployed on the northern border;
(2) a description of other assets or technologies that are
needed to improve situational awareness over the northern
border, including the ability to detect low-flying aircraft and
suspicious small boat traffic;
(3) steps that will be taken to increase information
sharing and coordination among law enforcement agencies
operating along the northern border; and
(4) a description of how the Department of Homeland
Security will coordinate with Federal, State, and local law
enforcement and the Government of Canada to improve the
detection of illegal entries across the northern border.
SEC. 506. OFFICE OF INTERNATIONAL TRAVEL SECURITY AND SCREENING.
(a) Amendments.--
(1) In general.--Subtitle C of title IV of the Homeland
Security Act of 2002 (8 U.S.C. 231), as amended by section
214(a) of this Act, is amended by adding at the end the
following:
``SEC. 431. OFFICE OF INTERNATIONAL TRAVEL SECURITY AND SCREENING.
``(a) Establishment.--There is established within the Department an
Office of International Travel Security and Screening, which shall be
headed by the Assistant Secretary for International Travel Security and
Screening (referred to in this section as the `Assistant Secretary'),
who shall be appointed by the President.
``(b) Responsibilities of the Assistant Secretary.--The Assistant
Secretary shall--
``(1) have primary responsibility for--
``(A) the integrated entry and exit data system
commonly known as `US-VISIT', which was authorized
under section 110 of Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a);
``(B) the visa waiver program authorized under
section 217 of the Immigration and Nationality Act (8
U.S.C. 1187); and
``(C) the Screening Coordination Office, which
shall be transferred from the Office of Policy;
``(2) coordinate activities within the Department to
identify, interdict, and prevent the travel of terrorists to
the United States; and
``(3) develop a strategic plan for preventing the travel of
terrorists to the United States, in consultation with other
relevant Federal agencies.
``(c) Annual Visa Overstay Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of this Act and annually thereafter through 2022, the
Assistant Secretary shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives that details data collected, in accordance with
the National Institute of Standards and Technology's protocols
on statistical significance, concerning individuals who
overstayed the terms of their admission in that year,
including--
``(A) statistics on the nationality and visa class
(including those traveling under the visa waiver
program) of all individuals who overstayed their
admission;
``(B) statistics on the nationality and visa class
(including those traveling under the visa waiver
program) of individuals who overstayed their admission
by 30 days or less, 180 days or less, 1 year or less,
or for more than 1 year; and
``(C) the number of individuals who overstayed
their admission and were subsequently apprehended, left
the country, or transitioned to a new visa class.''.
(2) Clerical amendment.--The table of contents of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended
by striking the item relating to section 431 and inserting the
following:
``Sec. 431. Office of International Travel Security and Screening.''.
(b) Review of Automated Entry and Exit System.--The Assistant
Secretary for International Travel Security and Screening shall--
(1) develop a plan for implementing the biometric exit
system required under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187), including a detailed time
line; and
(2) conduct a review of US-VISIT--
(A) to ensure that all entry and exit records for
air and sea passengers are being matched to accurately
identify all visa overstays in a rigorous, science-
based manner that meets applicable standards for
statistical significance provided by the National
Institute of Standards and Technology;
(B) to ensure that biographic exit data collected
by the outbound inspections program authorized under
section 504 meets applicable standards for statistical
significance provided by the National Institute of
Standards and Technology;
(C) to determine whether biographic exit data on
visa overstay rates should be used instead of visa
denial rates to make decisions regarding the admittance
of prospective member states into the Visa Waiver
Program; and
(D) to determine the feasibility of using entry
data from foreign countries in order to collect exit
information on individuals who departed the United
States; and
(3) not later than 270 days after the effective date of
this Act, submit the results of the review conducted under
paragraph (2) and the plan developed under paragraph (1) to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives.
(c) Placement Within the Department of Homeland Security.--Not
later than 1 year after the date of the enactment of this Act, the
Secretary shall determine the position of the Office of International
Travel Security and Screening within the Department of Homeland
Security.
SEC. 507. VISA SECURITY.
(a) In General.--
(1) In general.--Subtitle D of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 251 et seq.), as amended by
section 503(a), is further amended by adding at the end the
following new section:
``SEC. 449A. ELECTRONIC SYSTEMS FOR NOTIFICATION OF VISA DENIALS AND
REVIEWING VISAS.
``(a) Electronic System for Notifying Airlines of Visa Denials.--
``(1) In general.--Not later than 1 year after the
effective date of this Act, the Secretary of State, in
cooperation with the Secretary, shall deploy an electronic
system to notify airlines of the cancellation of any traveler's
visa for entry into the United States.
``(2) Use of existing systems.--In deploying the system
described in paragraph (1), the Secretary of State, in
cooperation with the Secretary, shall, to the extent feasible,
utilize the existing electronic passenger manifest systems
required under section 231 of the Immigration and Nationality
Act (8 U.S.C. 1221) and section 44909 of title 49, United
States Code, to notify airlines of a canceled visa.
``(b) Electronic System for Remotely Reviewing Visas.--
``(1) Development.--The Secretary, in consultation with the
Secretary of State, shall develop an electronic system for
remotely reviewing visa applications and supporting
documentation at diplomatic and consular posts at which visas
are issued.
``(2) Savings provision.--Nothing in this subsection may be
construed as not requiring visa security officers to be
stationed at all visa adjudicating posts that are designated as
high risk by the Secretary.''.
(2) Clerical amendment.--The table of contents of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), as
amended by section 503(b), is further amended by adding after
the item relating to section 449 the following:
``Sec. 449A. Electronic systems for notification of visa denials and
reviewing visas.''.
(b) Issuance of Visas at Designated Diplomatic and Consular
Posts.--Section 428(i) of the Homeland Security Act of 2002 (6 U.S.C.
236(i)) is amended to read as follows:
``(i) Visa Issuance at Consular Posts and Embassies.--
``(1) Standard operating procedures.--The Secretary of
Homeland Security, in coordination with the Secretary of State,
shall institute standard operating procedures for the visa
security program at all consular posts.
``(2) Mediation.--The Secretary of Homeland Security and
the Secretary of State shall create and implement a system for
mediating disagreements about visa revocation decisions between
visa security officers and consular officers at posts,
including designating senior officials at each Department to
adjudicate disputes.
``(3) Policy review.--The Secretary of Homeland Security,
in coordination with the Secretary of State, shall review all
policies relating to the issuing of visas to ensure that all
individuals associated with terrorism are denied visas to
travel to the United States.
``(4) Security officers.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
develop a plan for deploying visa security officers to all
consular posts determined to be high-risk by the Secretary.''.
(c) Clarifying Congressional Intent in the Homeland Security Act of
2002.--Section 428(e)(6) of the Homeland Security Act of 2002 (6 U.S.C.
236(e)(6)) is amended to read as follows:
``(6) Training and hiring.--
``(A) Training.--The Secretary of Homeland Security
shall require all employees of the Department assigned
to perform functions described in paragraph (2), in
advance of their deployments--
``(i) to obtain training on the day-to-day
operations of a consular post at the National
Foreign Affairs Training Center, on a
reimbursable basis;
``(ii) to receive training in the foreign
language of the post at which they will be
assigned, unless they are already proficient in
the foreign language;
``(iii) to receive a course in interview
and fraud detection techniques; and
``(iv) to be stationed, to the extent
feasible, for a minimum of 3 years in a post.
``(B) Promotion preferences.--The Secretary of
Homeland Security shall ensure that employees of the
Department assigned to perform functions described in
subparagraph (A) be given preference in promotions and
in subsequent postings if they meet the minimum
standards set by the Secretary for their
performance.''.
SEC. 508. REPORT ON BORDER SECURITY TASK FORCES AND DRUG INTELLIGENCE
CENTERS.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall--
(1) conduct a study on interagency border security task
forces and drug intelligence and information sharing centers;
and
(2) submit a report containing the results of the study
conducted under paragraph (1) to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives.
(b) Contents.--The report submitted under subsection (a) shall--
(1) detail--
(A) the number of information sharing and
intelligence centers that address counternarcotics; and
(B) the level and source of Federal funding for
such centers;
(2) detail--
(A) the number of border-security-focused task
forces that address human smuggling and counter
terrorism activities; and
(B) the level and source of Federal funding for
such task forces;
(3) evaluate--
(A) the missions and functions of information
sharing and intelligence centers and interagency border
security task forces;
(B) the extent to which such centers and task
forces are distinct or duplicative; and
(C) whether there are any opportunities for
consolidation or cost efficiencies; and
(4) analyze the views of selected entities that use
information and products from such centers and task forces on--
(A) the benefits provided by such centers and task
forces;
(B) the weaknesses in operations and focus areas of
in such centers and task forces; and
(C) any solutions or improvements from which such
centers and task forces could benefit.
TITLE VI--INTELLIGENCE AND INFORMATION-SHARING PROVISIONS
SEC. 601. AUTHORIZATION OF INTELLIGENCE ACTIVITIES.
(a) In General.--Funds authorized or made available for
intelligence activities of the Department are deemed to be specifically
authorized by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2012.
(b) Rule of Construction.--The authorization under this Act for
intelligence activities of the Department shall not be deemed to
constitute authority for the conduct of any intelligence activity which
is not otherwise authorized by the Constitution or the laws of the
United States.
SEC. 602. CLASSIFIED NATIONAL SECURITY INFORMATION PROGRAM FOR STATES,
LOCAL GOVERNMENTS, INDIAN TRIBES, AND PRIVATE SECTOR
ENTITIES.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
``SEC. 210G. CLASSIFIED NATIONAL SECURITY INFORMATION PROGRAM FOR
STATES, LOCAL GOVERNMENTS, INDIAN TRIBES, AND PRIVATE
SECTOR ENTITIES.
``(a) Definitions.--In this section--
``(1) the term `classified information' means information
that is classified or classifiable under Executive Order 13526
(75 Fed. Reg. 707) or any successor thereto; and
``(2) the term `Program' means the Classified National
Security Information Program established under subsection (b).
``(b) Establishment.--There is established a Classified National
Security Information Program, which shall be designed to safeguard and
govern access to classified information shared by the Federal
Government with States, local governments, Indian tribes, and private
sector entities.
``(c) Responsibilities of the Secretary.--The Secretary shall
manage the Program and be responsible for--
``(1) oversight of the Program;
``(2) accreditation, periodic inspection, and monitoring of
all facilities where classified information is used or store
that are owned or operated by a State, local government, or
Indian tribe, unless there is an agreement in effect between
another executive agency and the Secretary to perform some or
all of these functions;
``(3) upon request by the head of an executive agency,
processing an application for a security clearance for an
employee of a State, local government, Indian tribe, or private
entity, which shall be processed on a reimbursable basis unless
determined otherwise by the Secretary and the head of the
executive agency making the request;
``(4) in consultation with the Director of the Office of
Personnel Management, the Secretary of Defense, and the
Director of National Intelligence, documenting and tracking the
final status of all applications for a security clearance for
an employee of a State, local government, Indian tribe, or
private entity;
``(5) developing and maintaining a security profile of
facilities owned or operated by a State, local government, or
Indian tribe that have access to classified information;
``(6) developing training for all employees of a State,
local government, Indian tribe, or private entity who have been
determined eligible for access to classified information, which
shall address the proper safeguarding of classified information
and sanctions for unauthorized disclosure of classified
information; and
``(7) any other responsibilities provided to the Secretary
by the President.
``(d) Annual Report.--
``(1) In general.--Not later than December 31, 2012, and
every year thereafter until December 31, 2024, the Secretary
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report of
the activities of the Department under Executive Order 13549,
or any successor thereto, and this section.
``(2) Requirements of annual report.--Each annual report
under paragraph (1) shall include--
``(A) a general description of the progress made in
satisfying the requirements under this section and
under Executive Order 13549, or any successor thereto;
``(B) a description of funds expended by the
Department to carry this section and to carry out
Executive Order 13549, or any successor thereto;
``(C) annual statistical information on the
Program, including--
``(i) the number of employees of a State,
local government, Indian tribe, or private
entity for whom an application for a security
clearance was submitted to the Federal
Government;
``(ii) the number of security clearance
applications processed under the Program; and
``(iii) the number of facilities described
in subsection (c)(2);
``(D) a description of the training carried out
under the Program;
``(E) information regarding performance measures
under the Program;
``(F) an assessment of whether executive agencies
are complying with the security clearance reciprocity
requirement under section 1.3(c) of Executive Order
13549, or any successor thereto;
``(G) information relating to the inspection and
monitoring of facilities described in subsection
(c)(2), including information on security violations
discovered as a result of the inspection and
monitoring; and
``(H) an assessment of any counterintelligence
threats and risks associated with the Program.
``(3) Consistency.--To the extent possible, each report
submitted under paragraph (1) shall be consistent in the
collection and analysis of relevant statistical information and
the use of performance measures.
``(4) Classification.--Each report submitted under
paragraph (1) shall be in unclassified form, but may include a
classified annex.
``(e) Report on Security Clearance Verification Processes.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary, in coordination with
the Secretary of Defense, the Director of National
Intelligence, and the Director of the Office of Personnel
Management, shall submit to Congress a report on the activities
conducted by the Federal Government to support the efficient
management and verification of security clearances, including
by employees of States, local governments, Indian tribes, and
private sector entities.''.
(b) Technical and Conforming Amendment.--The table of contents
under section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
101(b)) is amended by inserting 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.''.
SEC. 603. FLEXIBLE PERSONNEL MANAGEMENT AT THE OFFICE OF INTELLIGENCE
AND ANALYSIS.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after section 845 the following:
``SEC. 846. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT AT THE OFFICE
OF INTELLIGENCE AND ANALYSIS.
``(a) Authority To Establish Positions in Excepted Service.--
``(1) In general.--With the concurrence of the Director of
National Intelligence and in coordination with the Director of
the Office of Personnel Management, the Secretary may--
``(A) convert competitive service positions, and
the incumbents of such positions, within the Office of
Intelligence and Analysis to excepted service positions
as the Secretary determines necessary to carry out the
intelligence functions of the Department; and
``(B) establish new positions within the Office of
Intelligence and Analysis in the excepted service, if
the Secretary determines such positions are necessary
to carry out the intelligence functions of the
Department.
``(2) Classification and pay ranges.--In coordination with
the Director of National Intelligence, the Secretary may
establish the classification and ranges of rates of basic pay
for any position converted under paragraph (1)(A) or
established under paragraph (1)(B), notwithstanding otherwise
applicable laws governing the classification and rates of basic
pay for such positions.
``(3) Appointment and compensation.--The Secretary may
appoint individuals for service in positions converted under
paragraph (1)(A) or established under paragraph (1)(B) without
regard to the provisions of chapter 33 of title 5, United
States Code, governing appointments in the competitive service,
and to fix the compensation of such individuals within the
applicable ranges of rates of basic pay established under
paragraph (2).
``(4) Maximum rate of basic pay.--The maximum rate of basic
pay the Secretary may establish under this subsection is the
rate for level III of the Executive Schedule under section 5314
of title 5, United States Code.
``(b) Extension of Flexible Personnel Management Authorities.--
``(1) Definitions.--In this subsection--
``(A) the term `compensation authority'--
``(i) means authority involving basic pay
(including position classification), premium
pay, awards, bonuses, incentives, allowances,
differentials, student loan repayments, and
special payments; and
``(ii) shall not include--
``(I) authorities relating to
benefits such as leave, severance pay,
retirement, and insurance;
``(II) authority to grant a rank
award by the President under section
4507, 4507a, or 3151(c) of title 5,
United States Code, or any other
provision of law; or
``(III) compensation authorities
and performance management authorities
provided under provisions of law
relating to the Senior Executive
Service; and
``(B) the term `intelligence community' has the
meaning given under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
``(2) In general.--Notwithstanding any other provision of
law, in order to ensure the equitable treatment of employees
across the intelligence community, the Secretary, with the
concurrence of the Director of National Intelligence, or for
those matters that fall under the responsibilities of the
Office of Personnel Management under statute or executive
order, in coordination with the Director of the Office of
Personnel Management, may authorize the Office of Intelligence
and Analysis to adopt compensation authority, performance
management authority, and scholarship authority that have been
authorized for another element of the intelligence community if
the Secretary and the Director of National Intelligence--
``(A) determine that the adoption of that authority
would improve the management and performance of the
intelligence community; and
``(B) not later than 60 days before that authority
is to take effect, submit notice of the adoption of
that authority by the Office of Intelligence and
Analysis, including the authority to be so adopted, and
an estimate of the costs associated with the adoption
of that authority to--
``(i) the Committee on Homeland Security
and Governmental Affairs of the Senate and the
Select Committee on Intelligence of the Senate;
and
``(ii) the Committee on Homeland Security
of the House of Representatives and the
Permanent Select Committee on Intelligence of
the House of Representatives.
``(3) Equivalent application of compensation authority.--To
the extent that a compensation authority within the
intelligence community is limited to a particular category of
employees or a particular situation, the authority may be
adopted by the Office of Intelligence and Analysis under this
subsection only for employees in an equivalent category or in
an equivalent situation.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 845
the following:
``Sec. 846. Authority for flexible personnel management at the Office
of Intelligence and Analysis.''.
SEC. 604. UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS TECHNICAL
CORRECTION.
Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C.
113(a)) is amended--
(1) by redesignating paragraphs (9) and (10) as paragraphs
(10) and (11), respectively; and
(2) by inserting after paragraph (8) the following:
``(9) An Under Secretary for Intelligence and Analysis.''.
TITLE VII--SCIENCE AND TECHNOLOGY PROVISIONS
SEC. 701. DIRECTORATE OF SCIENCE AND TECHNOLOGY.
(a) In General.--
(1) Directorate.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.), is amended by striking section 301
and inserting the following:
``SEC. 301. DIRECTORATE OF SCIENCE AND TECHNOLOGY.
``(a) In General.--There shall be in the Department a Directorate
of Science Technology headed by an Under Secretary for Science and
Technology.
``(b) Responsibilities.--The Directorate of Science and Technology
shall serve as the primary research, development, testing, and
evaluation agency in the Department.''.
(2) Technical and conforming amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended by striking the item relating
to section 301 and inserting the following:
``Sec. 301. Directorate of Science and Technology.''.
(b) Responsibilities and Authorities.--Section 302 of the Homeland
Security Act of 2002 (6 U.S.C. 182) is amended--
(1) in paragraph (5)(A), by striking the second comma after
``biological'' and inserting ``radiological, nuclear,'';
(2) in paragraph (12), by inserting ``, including
conducting strategic planning and providing technical
assistance for such activities within the Department'' after
``activities of the Department'';
(3) in paragraph (13), by striking ``and'' at the end;
(4) in paragraph (14), by striking the period and inserting
``; and''; and
(5) by adding after paragraph (14) the following:
``(15) supporting the acquisition of technologies and
systems by the Department by providing--
``(A) the Secretary with independent assessments;
and
``(B) technical assistance within the Department
for development, testing and evaluation;
``(16) conducting strategic planning within the Department
for basic, advanced and applied research and development; and
``(17) providing technical assistance within the Department
for the development, testing, evaluation and acquisition of
technologies.''.
(c) Homeland Security Advanced Research Projects.--Section
307(b)(3)(B) of the Homeland Security Act of 2002 (6 U.S.C.
187(b)(3)(B)) is amended by inserting ``to strengthen border and
maritime security, cyber security, aviation security, transportation
security, catastrophic response and recovery capabilities, and other
homeland security missions'' after ``technologies''.
SEC. 702. DIRECTOR OF TESTING AND EVALUATION.
Section 308 of the Homeland Security Act of 2002 (6 U.S.C. 188) is
amended by adding at the end the following:
``(d) Director of Testing and Evaluation.--
``(1) Definition.--In this subsection, the term
`operational testing and evaluation activity' means--
``(A) any field test, under realistic conditions,
of technologies, equipment, or systems for the purpose
of determining the performance, effectiveness and
operational suitability of the technologies, equipment,
or systems for use by the Department; and
``(B) the evaluation of the results of such tests
against established operational requirements.
``(2) Establishment.--There is established in the
Directorate of Science and Technology a Director of Testing and
Evaluation.
``(3) Responsibilities, authorities, and functions.--
``(A) Principle adviser.--The Director of Testing
and Evaluation is the principal adviser to the Under
Secretary for Science and Technology for all testing
and evaluation, including operational testing and
evaluation activities in the Department.
``(B) Other responsibilities, authorities, and
functions.--The Director of Testing and Evaluation
shall--
``(i) establish testing and evaluation
policies, procedures, standards and practices
for the Department;
``(ii) monitor and review all operational
testing and evaluation activities within the
Department;
``(iii) provide support to the Acquisition
Review Board, established under section 836,
including by preparing a Letter of Assessment
for any investment reviewed by the Acquisition
Review Board, that sets forth an assessment of
the technology and the testing and evaluation
activity.
``(C) Access to information.--The Director of
Testing and Evaluation--
``(i) shall have access to all acquisition
records and data within the Department that the
Director determines are necessary to carry out
the duties authorized under this subsection;
``(ii) may designate observers to be
present during the preparation for, and the
execution of, any operational testing and
evaluation activity within the Department; and
``(iii) shall have prompt access to the
results of any operational testing and
evaluation activity.''.
SEC. 703. FIVE-YEAR RESEARCH AND DEVELOPMENT INVESTMENT PLAN;
TECHNOLOGY READINESS ASSESSMENT PROCESS; AND AVAILABILITY
OF TESTING FACILITIES AND EQUIPMENT.
Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.) is amended by inserting after section 318, as added by section
414(a), the following:
``SEC. 319. FIVE-YEAR RESEARCH AND DEVELOPMENT INVESTMENT PLAN.
``(a) Definition.--In this section the term `Plan' means the Five-
year Research and Development Investment Plan developed under this
section.
``(b) In General.--Acting through the Under Secretary of Science
and Technology, the Secretary shall develop a Five-Year Research and
Development Investment Plan that shall guide all expenditures by the
Department for basic, advanced, or applied research and technology
development activities.
``(c) Contents.--The Plan shall--
``(1) set forth anticipated annual expenditures for each
fiscal year from 2012 through 2017;
``(2) set forth annual milestones and objectives that shall
be--
``(A) for all basic, advanced, applied research and
development; and
``(B) aligned with the operational requirements of
the Department, including the improvement and
development of technologies to--
``(i) combat chemical, biological, nuclear,
and radiological and high-explosive terrorist
attacks;
``(ii) strengthen border and maritime
security, cyber security, aviation security,
transportation security, and response and
recovery capabilities; and
``(iii) address other needs as determined
by the Secretary; and
``(3) take into account the operational requirements of
State and local governments.
``(d) Submissions of the Plan and Updates.--
``(1) Initial plan.--Not later than 180 days after the date
of enactment of the Department of Homeland Security
Authorization Act of 2011, the Secretary shall submit the Plan
to the Committee on Homeland Security and Government Affairs of
the Senate and the Committee on Homeland Security of the House
of Representatives.
``(2) Annual updates.--The Secretary shall submit an annual
update of the Plan that sets forth each expenditure in the
preceding fiscal year to the Committee on Homeland Security and
Government Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives.
``SEC. 320. ESTABLISHING A TECHNOLOGY EVALUATION AND READINESS
ASSESSMENT PROCESS.
``Acting through the Under Secretary for Science and Technology,
the Secretary shall establish a process for evaluating the readiness,
performance, and suitability of any technologies or systems that the
Department acquires or develops to carry out the missions of the
Department.
``SEC. 321. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.
``(a) Authority.--The Under Secretary for Science and Technology
may make available to any person or entity, for an appropriate fee, the
services of any center or other testing facility owned and operated by
the Department for the testing of materials, equipment, models,
computer software, and other items designed to advance the homeland
security mission.
``(b) Interference With Federal Programs.--The Under Secretary for
Science and Technology shall ensure that the testing of materials,
equipment, models, computer software, or other items not owned by the
Federal Government shall not cause personnel or other resources of the
Federal Government to be diverted from scheduled Federal Government
tests or otherwise interfere with Federal Government mission
requirements.
``(c) Confidentiality of Test Results.--The results of tests
performed with services made available under subsection (a) and any
associated data provided by the person or entity for the conduct of the
tests may not be disclosed outside the Federal Government without the
consent of the person or entity for whom the tests are performed.
``(d) Use of Fees.--Any fee collected under subsection (a) shall be
used to recoup the direct and indirect costs incurred by the Federal
Government to provide for testing and any remaining funds shall be used
by the Secretary to support research and development activities within
the Department.''.
SEC. 704. NATIONAL ACADEMY OF SCIENCES REPORT.
(a) Definition.--In this section--
(1) the term ``2002 report'' means the report prepared by
the National Research Council entitled ``Making the Nation
Safer: The Role of Science and Technology in Countering
Terrorism (2002)''; and
(2) the term ``National Research Council'' means the
National Research Council of the National Academy of Sciences.
(b) Agreement.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall enter into an agreement with the
National Research Council to update the 2002 report.
(c) Contents of Report.--The report described under subsection (b)
shall--
(1) update the 2002 report to assess progress made towards
the recommendations in that report; and
(2) make recommendations to guide the Federal government to
strengthen and improve homeland security over the next decade.
(d) Submission of Report.--Not later than 1 year after the date of
enactment of this Act, the National Research Council shall submit the
report described under subsection (b) to the Committee on Homeland
Security and Government Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives.
(e) Form of Report.--The report submitted under subsection (d)
shall be submitted in unclassified form, but may contain a classified
annex.
SEC. 705. DOMESTIC NUCLEAR DETECTION OFFICE.
(a) Mission.--Section 1902(a) of the Homeland Security Act of 2002
(6 U.S.C. 592(a)) is amended--
(1) by striking paragraph (6);
(2) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(3) by inserting after paragraph (1) the following:
``(2) coordinate strategic planning and investments, within
the Department and with other Federal agencies and State and
local governments--
``(A) to detect and prevent illegal trafficking in
nuclear weapons-making materials or technologies; and
``(B) to reduce the risk of a nuclear terrorist
attack;''; and
(4) in paragraph (8), by striking ``government agencies''
and inserting ``Federal, State, and local entities''.
(b) Domestic Nuclear Threat Detection and Prevention Plan.--Title
XIX of the Homeland Security Act of 2002 (6 U.S.C. 591 et seq.) is
amended by adding at the end the following:
``SEC. 1908. DOMESTIC NUCLEAR THREAT DETECTION AND PREVENTION PLAN.
``(a) In General.--Not later than 270 days after the effective date
of the Department of Homeland Security Authorization Act of 2011, the
Secretary, acting through the Director of the Domestic Nuclear
Detection Office, in coordination with relevant Federal agencies, as
determined by the Secretary, shall develop a plan to integrate and
strengthen the Nation's capabilities to deter, detect, and prevent
nuclear terrorist threats in the domestic portion of the global nuclear
detection architecture within 10 years.
``(b) Contents.--The plan developed under subsection (a) shall--
``(1) set forth national strategic goals;
``(2) set forth initiatives to integrate and strengthen the
domestic portion of the global nuclear detection architecture;
``(3) describe steps to monitor and assess the development
and execution of the plan;
``(4) set forth the investments, expenditures, and
schedules for the deployment of nuclear and radiological
detection equipment and countermeasures within the Department;
``(5) assess the investments, expenditures, or deployments
that the Department makes to substantially reduce the illegal
trafficking of nuclear weapons making materials and to
measurably reduce the risk of a nuclear terrorist attack
occurring inside the United States; and
``(6) set forth annual milestones and schedules for the
deployment of advanced, commercially-available nuclear
detection technologies and countermeasures by the Department.
``(c) Classified Information.--The plan developed under subsection
(a) shall be submitted in unclassified form, but may contain an
unclassified annex.
``(d) Submission of Plan.--
``(1) Initial submission.--Not later than 270 days after
the effective date of the Department of Homeland Security
Authorization Act of 2011, the Secretary shall submit the plan
developed under subsection (a) to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives.
``(2) Update.--Not later than 2 years after submitting the
plan under paragraph (1), the Secretary shall submit an update
of the plan to the committees set forth in paragraph (1).''.
(c) Contracting Authority.--Section 1906 of the Homeland Security
Act of 2002 (6 U.S.C. 596) is amended by striking ``paragraphs (6) and
(7) of section 1902(a)'' each place it appears and inserting ``section
1902(a)(7)''.
(d) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 (6 U.S.C. 101 note) is amended by adding after the
item relating to section 1907 the following:
``Sec. 1908. Domestic nuclear threat detection and prevention plan.''.
SEC. 706. FLEXIBLE PERSONNEL MANAGEMENT AT THE SCIENCE AND TECHNOLOGY
DIRECTORATE.
(a) Definition.--In this subsection, the term ``employee'' has the
meaning given that term under section 2105 of title 5, United States
Code.
(b) Authority.--The Secretary may make appointments to a position
described under paragraph (3) without regard to the provisions of
subchapter I of chapter 33 of title 5, United States Code, other than
sections 3303 and 3328 of that title.
(c) Positions.--This subsection applies with respect to any
scientific or engineering position within the Science and Technology
Directorate which requires an advanced degree.
(d) Limitation.--
(1) In general.--Authority under this subsection may not,
in any calendar year and with respect to any laboratory, be
exercised with respect to a number of positions greater than
the number equal to 2 percent of the total number of positions
within that laboratory that are filled as of the end of the
most recent fiscal year before the start of that calendar year.
(2) Full-time equivalent basis.--For purposes of this
paragraph, positions shall be counted on a full-time equivalent
basis.
(e) Termination.--The authority to make appointments under this
subsection shall terminate on January 1, 2014.
SEC. 707. TECHNICAL AND CONFORMING AMENDMENT.
The table of contents in section 1(b) of the Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item
relating to section 318, as added 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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Began consideration of.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 112-249.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 112-249.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 565.
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