II Calendar No. 565 112th CONGRESS 2d Session S. 1546 [Report No. 112–249] IN THE SENATE OF THE UNITED STATES September 13, 2011 Mr. Lieberman (for himself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs December 13, 2012 Reported by Mr. Lieberman, with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To authorize certain programs of the Department of Homeland Security, and for other purposes.

1.

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.

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.

. (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. .

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:

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.

.

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 .

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. .

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:

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. .

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.

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.

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.

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. .

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.

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.

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,.

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.

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.

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: ; (B)in subtitle A, by amending the subtitle heading to read as follows: 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:

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. .

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Department of Homeland Security Authorization Act of 2012. (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. Sec. 117. Reversion to Treasury of excess funds. Sec. 118. Prohibition on collection of political information. Sec. 119. Format of plans and reports submitted to Congress. Sec. 120. Travel expenses of political appointees. Sec. 121. Elimination of duplicative fellowship programs. Sec. 122. Information of subgrantees. Sec. 123. Improving financial accountability and management. Sec. 124. Limitation on use of cost-plus contracts. Sec. 125. Safeguarding constitutionally protected activity. Sec. 126. Secretary guidelines for protecting constitutional rights and civil liberties. TITLE II—Structure and organization Sec. 201. Under Secretary for Policy. Sec. 202. Office of International Affairs. Sec. 203. Chief Medical Officer. Sec. 204. Quadrennial homeland security review. Sec. 205. Designation of foreign terrorist organizations. Sec. 206. Office for Domestic Preparedness termination. Sec. 207. State and Local Government Coordination. Sec. 208. Termination of Office of Counternarcotics Enforcement. Sec. 209. Reorganization authority. Sec. 210. Chief Information Officer. Sec. 211. Department of Homeland Security headquarters. Sec. 212. Future Years Homeland Security Program. Sec. 213. Countering homegrown terrorism. Sec. 214. Office of Cargo Security Policy. Sec. 215. Reports on emergency communications and interoperability functions. Sec. 216. Technical and conforming amendments. TITLE III—Infrastructure protection and resilience Sec. 301. Infrastructure Protection and Resilience Directorate. Sec. 302. Federal Protective Service. TITLE IV—Preparedness, response, and recovery Sec. 401. Catastrophic incident planning. Sec. 402. Preparedness of individuals and communities. Sec. 403. Federal response and recovery preparedness officials. Sec. 404. Recovery. Sec. 405. Enhancing response and recovery operations and programs. Sec. 406. Department and agency officials. Sec. 407. Infrastructure protection assistance. Sec. 408. Federal-State border security cooperation. Sec. 409. Emergency management assistance compact. Sec. 410. Repeal of emergency operations center grant program. Sec. 411. Performance measures. Sec. 412. Communications planning. Sec. 413. Guidelines concerning weapons of mass destruction. Sec. 414. Plume modeling. Sec. 415. Identification of disaster management resources. Sec. 416. Antifraud training. Sec. 417. Information technology. Sec. 418. Metropolitan Medical Response System. Sec. 419. Regional Catastrophic Grant Program. Sec. 420. Report on consolidation of grant programs. Sec. 421. Grant program contingency plans. Sec. 422. National mitigation framework. Sec. 423. Nonemergency personnel hiring freeze. TITLE V—Border Security Sec. 501. Workforce staffing plan. Sec. 502. Border technology and infrastructure plan. Sec. 503. Surge deployment. Sec. 504. Enhanced training for Border Patrol agents. Sec. 505. Outbound inspections. Sec. 506. Situational awareness of the northern border. Sec. 507. Office of International Travel Security and Screening. Sec. 508. Visa security. Sec. 509. Report on border security task forces, drug intelligence centers, and State and major urban area fusion centers. Sec. 510. Enhanced agriculture inspection. Sec. 511. Report on status of unobligated balances in U.S. Customs and Border Protection Customs User Fee Account. Sec. 512. Government Accountability Office report. Sec. 513. Border security on certain Federal land. Sec. 514. Z backscatter van technology report. Sec. 515. Refugee status report. TITLE VI—Intelligence and information-sharing provisions Sec. 601. Authorization of intelligence activities. Sec. 602. Classified National Security Information Program for States, local governments, Indian tribes, and private sector entities. Sec. 603. Flexible personnel management at the Office of Intelligence and Analysis. Sec. 604. Under Secretary for Intelligence and Analysis technical correction. Sec. 605. Fusion center funding report. Sec. 606. Report on fusion centers. Sec. 607. GAO report on analytical capabilities. Sec. 608. Audit on privacy and civil liberties and update on privacy and civil liberties impact assessments. TITLE VII—Science and technology provisions Sec. 701. Directorate of science and technology. Sec. 702. Director of testing and evaluation. Sec. 703. Five-year research and development investment plan; technology readiness assessment process; and availability of testing facilities and equipment. Sec. 704. National academy of sciences report. Sec. 705. Domestic nuclear detection office. Sec. 706. Flexible personnel management at the Science and Technology Directorate. Sec. 707. Technical and conforming amendment.

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.

. (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 890A, as added by section 118, the following: Sec. 890B. Treatment of charitable trusts for members of the Armed Forces of the United States and other governmental organizations. . (d)

Report

Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States 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 Office of Policy of the Department (referred to in this subsection as the Office), which shall focus on— (1)any efforts or activities of the Office or related policy efforts or activities throughout the Department that are duplicative; (2)whether the Office is effectively using the budgetary resources of the Office; and (3)whether the Office is appropriately and efficiently organized, including whether the number of supervisory and political positions is appropriate for the size and scope of the Office.

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:

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.

.

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 .

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) and (c) 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 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— (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. .

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 890B, as redesignated and transferred by section 201(a)(1), the following:

890C.

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 890B, as added by section 201(c)(2), the following: Sec. 890C. Designation of foreign terrorist organizations. .

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.

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.

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 the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives 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.

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. .

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 date of 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.

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 Capital Region that do not relocate to the West Campus or East Campus of Saint Elizabeths Hospital to as few locations within the National Capital 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. (d)

Reports on total costs

(1)

Initial report

Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of General Services, shall submit a report on the total costs to complete each of the 3 phases of construction for the Department Headquarters Consolidation project within the National Capital Region 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. (2)

Subsequent reports

Not later than 60 days after final appropriations are provided for each of the fiscal years that the project is funded starting with fiscal year 2012, the Secretary, in consultation with the Administrator of General Services, shall submit an updated report to the committees described under paragraph (1). (3)

Contents

The reports submitted under this subsection shall— (A)include the full costs for the facility to be operational, including information technology costs; (B)include the amount of all funding expended or obligated by the Department or the General Services Administration on the project for the most recent fiscal year and each of the preceding fiscal years; (C)include fiscal implications for the delay of the project; and (D)provide estimated cost avoidances as calculated by the most recent completion schedule and for each previous completion schedule.

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,.

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, including 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), the 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, including 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, including the ideology that gives rise to Islamist terrorism as identified in the 9/11 Commission Report; (3)the number of employees of the Department whose time is fully or partially dedicated and the amount of funding dedicated by the Department to countering violent extremism in the United States, including 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, including 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, including 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, including 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.

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 enactment of this Act, shall be transferred to appropriate officials within the Office of Policy.

215.

Reports on emergency communications and interoperability functions

(a)

Report by Secretary

Not later than 90 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 and the Government Accountability Office a report reviewing all offices of the Department responsible for emergency communications and interoperability functions. (b)

Report by Government Accountability Office

Not later than 90 days after the date on which the Government Accountability Office receives the report submitted under subsection (a), the Government Accountability Office shall— (1)review the report submitted by the Secretary; 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 on the potential consolidation or partial consolidation of the emergency communication programs.

216.

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: ; (B)in subtitle A, by amending the subtitle heading to read as follows: 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:

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; and (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.; (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 each place such term appears 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. .

December 13, 2012 Reported with an amendment