[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>