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HR 3116 IH

112th CONGRESS

1stRHCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3116CommentsClose CommentsPermalink

To authorize certain programs of the Department of Homeland Security, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

October 6, 2011CommentsClose CommentsPermalink

Mr. KING of New York (for himself, Mr. DANIEL E. LUNGREN of California, Mr. ROGERS of Alabama, Mr. MCCAUL, Mrs. MILLER of Michigan, Mr. BILIRAKIS, Mr. MEEHAN, Mr. LONG, Mr. MARINO, Mr. QUAYLE, Mr. RIGELL, Mr. WALBERG, and Mr. TURNER of New York) introduced the following bill; which was referred to the Committee on Homeland SecurityCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To authorize certain programs of the Department of Homeland Security, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Department of Homeland Security Authorization Act for Fiscal Year 2012’. CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title. CommentsClose CommentsPermalink





Sec. 2. Table of contents. CommentsClose CommentsPermalink





Sec. 3. Definitions. CommentsClose CommentsPermalink





Sec. 4. Amendment references. CommentsClose CommentsPermalink

TITLE I--POLICY, MANAGEMENT, AND EFFICIENCY

Sec. 101. Under Secretary for Policy. CommentsClose CommentsPermalink





Sec. 102. Countering homegrown radicalization and violent Islamist extremism. CommentsClose CommentsPermalink





Sec. 103. Direct line authority for Chief Operating Officers. CommentsClose CommentsPermalink





Sec. 104. Department of Homeland Security International Affairs Office. CommentsClose CommentsPermalink





Sec. 105. Assistant Secretary for Health Affairs. CommentsClose CommentsPermalink





Sec. 106. Department of Homeland Security reorganization authority. CommentsClose CommentsPermalink





Sec. 107. Repeal of Office of Domestic Preparedness. CommentsClose CommentsPermalink





Sec. 108. Quadrennial homeland security review. CommentsClose CommentsPermalink





Sec. 109. Development of explosives detection canine standards. CommentsClose CommentsPermalink





Sec. 110. Development of a balanced workforce. CommentsClose CommentsPermalink





Sec. 111. Danger pay allowances for employees of the Department of Homeland Security. CommentsClose CommentsPermalink





Sec. 112. FLETC reporting requirements on counter-violent extremism training. CommentsClose CommentsPermalink





Sec. 113. Future-years homeland security program. CommentsClose CommentsPermalink





Sec. 114. Cost of submissions to Congress. CommentsClose CommentsPermalink





Sec. 115. Protection of name, initials, insignia, and seal. CommentsClose CommentsPermalink





Sec. 116. Office of Policy. CommentsClose CommentsPermalink





Sec. 117. Federal vacancy compliance. CommentsClose CommentsPermalink





Sec. 118. Electronic submissions. CommentsClose CommentsPermalink





Sec. 119. Chief information officer. CommentsClose CommentsPermalink





Sec. 120. Cost savings and efficiency reviews. CommentsClose CommentsPermalink

TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION POLICY

Sec. 201. Department of Homeland Security acquisitions and procurement review. CommentsClose CommentsPermalink





Sec. 202. Capabilities and Requirements Council. CommentsClose CommentsPermalink





Sec. 203. Acquisition authorities for the Under Secretary for Management. CommentsClose CommentsPermalink





Sec. 204. Acquisition Professional Career Program. CommentsClose CommentsPermalink





Sec. 205. Strategic plan for acquisition workforce. CommentsClose CommentsPermalink





Sec. 206. Notification to Congress of major awards. CommentsClose CommentsPermalink





Sec. 207. Independent verification and validation. CommentsClose CommentsPermalink





Sec. 208. Other transaction authority. CommentsClose CommentsPermalink





Sec. 209. Report on competition. CommentsClose CommentsPermalink





Sec. 210. Buy American requirement imposed on Department of Homeland Security; exceptions. CommentsClose CommentsPermalink





Sec. 211. Strategic sourcing for marine and aviation assets. CommentsClose CommentsPermalink





Sec. 212. Strategic sourcing for detection and screening technology. CommentsClose CommentsPermalink





Sec. 213. Special emergency procurement authority for domestic emergency operations. CommentsClose CommentsPermalink





Sec. 214. Software licensing. CommentsClose CommentsPermalink





Sec. 215. Financial management. CommentsClose CommentsPermalink

TITLE III--INFORMATION SHARING AND INTELLIGENCE ANALYSIS

Sec. 301. Department of Homeland Security National Network of Fusion Centers Initiative. CommentsClose CommentsPermalink





Sec. 302. Homeland security information sharing networks development. CommentsClose CommentsPermalink





Sec. 303. Authority for flexible personnel management at the Department of Homeland Security Intelligence elements. CommentsClose CommentsPermalink





Sec. 304. Support and oversight of fusion centers. CommentsClose CommentsPermalink





Sec. 305. Audit on privacy and civil liberties and update on privacy and civil liberties impact assessments. CommentsClose CommentsPermalink

TITLE IV--9/11 REVIEW COMMISSION

Sec. 401. Short title. CommentsClose CommentsPermalink





Sec. 402. Establishment. CommentsClose CommentsPermalink





Sec. 403. Purposes of the 9/11 Review Commission. CommentsClose CommentsPermalink





Sec. 404. Composition of the 9/11 Review Commission. CommentsClose CommentsPermalink





Sec. 405. Authority of 9/11 Review Commission. CommentsClose CommentsPermalink





Sec. 406. Compensation. CommentsClose CommentsPermalink





Sec. 407. Appointment of staff. CommentsClose CommentsPermalink





Sec. 408. Security clearances for Commission members and staff. CommentsClose CommentsPermalink





Sec. 409. Nonapplicability of Federal Advisory Committee Act. CommentsClose CommentsPermalink





Sec. 410. Reports of 9/11 Review Commission. CommentsClose CommentsPermalink





Sec. 411. Funding. CommentsClose CommentsPermalink

TITLE V--PREPAREDNESS AND RESPONSE

Subtitle A--WMD Preparedness and Response

Sec. 501. Homeland Security Biodefense Strategy. CommentsClose CommentsPermalink





Sec. 502. Weapons of mass destruction intelligence and information sharing. CommentsClose CommentsPermalink





Sec. 503. Risk assessments. CommentsClose CommentsPermalink





Sec. 504. Individual and community preparedness. CommentsClose CommentsPermalink





Sec. 505. Detection of biological threats. CommentsClose CommentsPermalink





Sec. 506. Rapid biological threat detection and identification at ports of entry. CommentsClose CommentsPermalink





Sec. 507. Communications planning. CommentsClose CommentsPermalink





Sec. 508. Response guidelines concerning weapons of mass destruction. CommentsClose CommentsPermalink





Sec. 509. Plume modeling. CommentsClose CommentsPermalink





Sec. 510. Disaster recovery. CommentsClose CommentsPermalink

Subtitle B--Grants

Sec. 521. Sense of Congress. CommentsClose CommentsPermalink





Sec. 522. Use of grant funds for projects conducted in conjunction with a national laboratory or research facility. CommentsClose CommentsPermalink





Sec. 523. Notification of homeland security grant awards. CommentsClose CommentsPermalink





Sec. 524. Transparency in homeland security grant funding. CommentsClose CommentsPermalink





Sec. 525. Metropolitan Medical Response System. CommentsClose CommentsPermalink





Sec. 526. Transit security grant program. CommentsClose CommentsPermalink





Sec. 527. Prioritization. CommentsClose CommentsPermalink





Sec. 528. Transportation security grant program study. CommentsClose CommentsPermalink





Sec. 529. Interagency grants working group. CommentsClose CommentsPermalink

Subtitle C--Communications

Sec. 541. Sense of Congress regarding interoperability. CommentsClose CommentsPermalink





Sec. 542. Roles and responsibilities with respect to policy and guidance for communications-related expenditures with grant funds. CommentsClose CommentsPermalink





Sec. 543. Integrated public alert and warning system modernization. CommentsClose CommentsPermalink

Subtitle D--Broadband for First Responders

Subtitle E--Miscellaneous Provisions

Sec. 5681. Audit of the National Level Exercise. CommentsClose CommentsPermalink





Sec. 5682. FEMA report to Congress on sourcing and distribution of disaster response goods and services. CommentsClose CommentsPermalink





Sec. 5683. Rural resilience initiative. CommentsClose CommentsPermalink





Sec. 5684. National Domestic Preparedness Consortium. CommentsClose CommentsPermalink





Sec. 5685. Technical correction. CommentsClose CommentsPermalink





Sec. 586. Certification that disaster fund recipients subject to recoupment receive a notice of debt and opportunity to appeal before debt is forwarded to Department of the Treasury. CommentsClose CommentsPermalink





Sec. 587. Conforming amendment. CommentsClose CommentsPermalink





Sec. 588. Delegation of authorities to the regional offices review. CommentsClose CommentsPermalink





Sec. 589. Lessons learned for national level exercises. CommentsClose CommentsPermalink





Sec. 590. System assessment and validation for emergency responders. CommentsClose CommentsPermalink





Sec. 591. National Transportation Security Center of Excellence. CommentsClose CommentsPermalink





Sec. 592. Mental health counseling for disaster victims. CommentsClose CommentsPermalink





Sec. 593. Effectiveness of certain disaster preparation. CommentsClose CommentsPermalink

TITLE VI--BORDER SECURITY PROVISIONS

Sec. 601. Definitions. CommentsClose CommentsPermalink





Sec. 602. Strategy to achieve operational control of the border. CommentsClose CommentsPermalink





Sec. 603. Maintaining Border Patrol staffing. CommentsClose CommentsPermalink





Sec. 604. Jaime Zapata Border Enforcement Security Task Force. CommentsClose CommentsPermalink





Sec. 605. Cost-effective training for Border Patrol agents. CommentsClose CommentsPermalink





Sec. 606. Border security on certain Federal landsProhibition on impeding certain activities of U.S. Customs and Border Protection related to border security. CommentsClose CommentsPermalink





Sec. 607. Border security infrastructure and technology. CommentsClose CommentsPermalink





Sec. 608. Northern border canine teams. CommentsClose CommentsPermalink





Sec. 609. Unmanned vehicles pilot program. CommentsClose CommentsPermalink





Sec. 610. Report on unmanned aerial vehicles. CommentsClose CommentsPermalink





Sec. 611. Student visa security improvement. CommentsClose CommentsPermalink





Sec. 612. Asia-Pacific Economic Cooperation Business Travel Cards. CommentsClose CommentsPermalink





Sec. 613. Border crossing documentation. CommentsClose CommentsPermalink





Sec. 614. Internal review of adequacy of U.S. Customs and Border Protection in busiest international airports. CommentsClose CommentsPermalink





Sec. 615. Port security grant program. CommentsClose CommentsPermalink





Sec. 616. Port security grant funding for mandated security personnel. CommentsClose CommentsPermalink





Sec. 617. Securing the TWIC against use by unauthorized aliens. CommentsClose CommentsPermalink





Sec. 618. Small vessel threat analysis. CommentsClose CommentsPermalink





Sec. 619. Customs and Border Protection professionalism and transparency. CommentsClose CommentsPermalink





Sec. 620. Sense of Congress regarding deployment of additional UAV. CommentsClose CommentsPermalink





Sec. 621. Report on status of unobligated balances in U.S. Customs and Border Protection Customs User Fee Account. CommentsClose CommentsPermalink





Sec. 622. Outbound inspections. CommentsClose CommentsPermalink





Sec. 623. Deporting criminal aliens. CommentsClose CommentsPermalink





Sec. 624. Establishment of Immigration and Customs Enforcement. CommentsClose CommentsPermalink





Sec. 625. Report on drug cartels. CommentsClose CommentsPermalink





Sec. 626. Increase in unmanned aerial vehicles. CommentsClose CommentsPermalink





Sec. 627. Border Area Security Initiative. CommentsClose CommentsPermalink





Sec. 628. Foreign terrorist organizations. CommentsClose CommentsPermalink





Sec. 629. Border Condition Index. CommentsClose CommentsPermalink





Sec. 630. Sense of Congress. CommentsClose CommentsPermalink





Sec. 631. Issuance of visas at designated diplomatic and consular posts. CommentsClose CommentsPermalink





Sec. 632. Private-public partnership for land port of entry project. CommentsClose CommentsPermalink





Sec. 633. Report to Congress on Immigration Advisory Program. CommentsClose CommentsPermalink





Sec. 634. Coast Guard deployable special forces assets. CommentsClose CommentsPermalink





Sec. 635. Implementation of US-VISIT biometric exit. CommentsClose CommentsPermalink





Sec. 636. Coordination with the Transportation Security Administration on Risk-Based Screening of Aviation Passengers. CommentsClose CommentsPermalink





Sec. 637. Enhanced customer service standards and professionalism training. CommentsClose CommentsPermalink

TITLE VII--SCIENCE AND TECHNOLOGY

Subtitle A--Directorate of Science and Technology

Sec. 701. Directorate of Science and Technology strategic plan. CommentsClose CommentsPermalink





Sec. 702. 5-year research and development plan. CommentsClose CommentsPermalink





Sec. 703. Identification and prioritization of research and development requirements. CommentsClose CommentsPermalink





Sec. 704. Research and development progress. CommentsClose CommentsPermalink





Sec. 705. Acquisition and operations support. CommentsClose CommentsPermalink





Sec. 706. Operational Test and Evaluation. CommentsClose CommentsPermalink





Sec. 707. Availability of testing facilities and equipment. CommentsClose CommentsPermalink





Sec. 708. Bioforensics capabilities. CommentsClose CommentsPermalink





Sec. 709. Homeland Security Science and Technology Fellows Program. CommentsClose CommentsPermalink





Sec. 710. Homeland Security Science and Technology Advisory Committee. CommentsClose CommentsPermalink





Sec. 711. Federally funded research and development centers. CommentsClose CommentsPermalink





Sec. 712. Criteria for designation as a university-based center for homeland security. CommentsClose CommentsPermalink





Sec. 713. Authority for flexible personnel management at the Science and Technology Directorate. CommentsClose CommentsPermalink





Sec. 714. Independent testing and evaluation of homeland security detection technologies. CommentsClose CommentsPermalink





Sec. 715. Northern border unmanned aerial vehicle pilot project. CommentsClose CommentsPermalink

Subtitle B--Domestic Nuclear Detection Office

Sec. 721. Radiological and nuclear detection and countermeasures research, development, testing, and evaluation. CommentsClose CommentsPermalink





Sec. 722. Domestic implementation of the global nuclear detection architecture. CommentsClose CommentsPermalink





Sec. 723. Radiation portal monitor alternatives. CommentsClose CommentsPermalink





Sec. 724. Contracting and grantmaking authorities. CommentsClose CommentsPermalink





Sec. 725. Domestic nuclear detection implementation plan. CommentsClose CommentsPermalink





Sec. 726. Science and technology fellows program outreach. CommentsClose CommentsPermalink





Sec. 727. Buy American requirement for information technology. CommentsClose CommentsPermalink





Sec. 728. University-based centers. CommentsClose CommentsPermalink





Sec. 729. Review of university-based centers. CommentsClose CommentsPermalink

TITLE VIII--IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR SUSPICIOUS BEHAVIOR AND RESPONSE

Sec. 801. Short title. CommentsClose CommentsPermalink





Sec. 802. Amendment to the Homeland Security Act of 2002. CommentsClose CommentsPermalink

TITLE IX--MISCELLANEOUS

Sec. 901. Redesignation and movement of miscellaneous provisions. CommentsClose CommentsPermalink





Sec. 902. Guidance to and coordination with local educational and school districts. CommentsClose CommentsPermalink





Sec. 903. Federal law enforcement training opportunities for local law enforcement personnel with responsibilities for securing ports. CommentsClose CommentsPermalink





Sec. 904. Security gaps at drinking water and wastewater treatment facilities. CommentsClose CommentsPermalink





Sec. 905. Guidance and coordination for outreach to people with disabilities during emergencies. CommentsClose CommentsPermalink





Sec. 906. TWIC process reform. CommentsClose CommentsPermalink





Sec. 907. Report on progress toward conducting security vulnerability assessments at airports in the United States. CommentsClose CommentsPermalink





Sec. 908. Regulation of the sale and transfer of ammonium nitrate. CommentsClose CommentsPermalink





Sec. 909. Sense of Congress on inclusion of the Western Hemisphere in the 2012 National Strategy for Counterterrorism’s ‘Area of Focus’. CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, and any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned. CommentsClose CommentsPermalink





(2) DEPARTMENT- The term ‘Department’ means the Department of Homeland Security. CommentsClose CommentsPermalink





(3) FUNCTION- The term ‘function’ includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities. CommentsClose CommentsPermalink





(4) LOCAL GOVERNMENT- The term ‘local government’ means-- CommentsClose CommentsPermalink





(A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; CommentsClose CommentsPermalink





(B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and CommentsClose CommentsPermalink





(C) a rural community, unincorporated town or village, or other public entity. CommentsClose CommentsPermalink





(5) PERSONNEL- The term ‘personnel’ means officers and employees. CommentsClose CommentsPermalink





(6) SECRETARY- The term ‘Secretary’ means the Secretary of Homeland Security. CommentsClose CommentsPermalink





(7) STATE- The term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. CommentsClose CommentsPermalink





(8) TERRORISM- The term ‘terrorism’ means any activity that-- CommentsClose CommentsPermalink





(A) involves an act that-- CommentsClose CommentsPermalink





(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and CommentsClose CommentsPermalink





(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and CommentsClose CommentsPermalink





(B) appears to be intended-- CommentsClose CommentsPermalink





(i) to intimidate or coerce a civilian population; CommentsClose CommentsPermalink





(ii) to influence the policy of a government by intimidation or coercion; or CommentsClose CommentsPermalink





(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping. CommentsClose CommentsPermalink





(9) UNITED STATES- CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘United States’, when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the United States, and any waters within the jurisdiction of the United States. CommentsClose CommentsPermalink





(B) INA NOT AFFECTED- Nothing in this paragraph or any other provision of this Act shall be construed to modify the definition of ‘United States’ for the purposes of the Immigration and Nationality Act or any other immigration or nationality law. CommentsClose CommentsPermalink

SEC. 4. AMENDMENT REFERENCES.

Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.). CommentsClose CommentsPermalink

TITLE I--POLICY, MANAGEMENT, AND EFFICIENCY CommentsClose CommentsPermalink

SEC. 101. UNDER SECRETARY FOR POLICY.

(a) In General- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by-- CommentsClose CommentsPermalink





(1) redesignating section 601 (6 U.S.C. 331) as section 890A and transferring that section to appear immediately after section 890; and CommentsClose CommentsPermalink





(2) striking the heading for title VI and inserting the following: CommentsClose CommentsPermalink

‘TITLE VI--POLICY, PLANNING, AND OPERATIONS COORDINATION CommentsClose CommentsPermalink

‘SEC. 601. UNDER SECRETARY FOR POLICY.

‘(a) In General- There shall be in the Department an Under Secretary for Policy, who shall be appointed by the President, by and with the advice and consent of the Senate. CommentsClose CommentsPermalink





‘(b) Responsibilities- Subject to the direction and control of the Secretary, the Under Secretary for Policy shall-- CommentsClose CommentsPermalink





‘(1) serve as a principal policy advisor to the Secretary; CommentsClose CommentsPermalink





‘(2) supervise policy development for the programs, offices, and activities of the Department; CommentsClose CommentsPermalink





‘(3) establish and direct a formal policymaking process for the Department; CommentsClose CommentsPermalink





‘(4) ensure that the budget of the Department can fulfill the Department’s statutory and regulatory responsibilities and implement strategic plans and policies established by the Secretary in a risk-based manner; CommentsClose CommentsPermalink





‘(5) conduct long-range, risk-based, strategic planning for the Department, including overseeing each quadrennial homeland security review required under section 603707; CommentsClose CommentsPermalink





‘(6) coordinate policy development undertaken by the component agencies and offices of the Department; and CommentsClose CommentsPermalink





‘(7) carry out such other functions as the Secretary determines are appropriate, consistent with this section.’. CommentsClose CommentsPermalink





(b) Clerical Amendments- 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 items relating to title VI and inserting the following: CommentsClose CommentsPermalink

‘TITLE VI--POLICY, PLANNING, AND OPERATIONS COORDINATION

‘Sec. 601. Under Secretary for Policy.’. CommentsClose CommentsPermalink

SEC. 102. COUNTERING HOMEGROWN RADICALIZATION AND VIOLENT ISLAMIST EXTREMISM.

(a) In General- Not later than 90 days after the date of enactment of this Act, the Secretary shall designate an official of the Department to coordinate efforts to counter homegrown violent Islamist extremism, including the violent ideology of Al Qaeda and its affiliated groups, in the United States. CommentsClose CommentsPermalink





(b) Notice- Not later than 15 days after the date on which the Secretary designates an official under subsection (a), the Secretary shall submit to the appropriate congressional committees a written notification of the designation. CommentsClose CommentsPermalink





(c) Report- Not later than 90 days after the date on which the Secretary designates an official under subsection (a), the official designated shall submit to the appropriate congressional committees a report detailing-- CommentsClose CommentsPermalink





(1) the strategy and activities of the Department to counter homegrown violent Islamist extremism; CommentsClose CommentsPermalink





(2) the division of responsibilities within the Department for countering homegrown violent Islamist extremism, including the violent ideology of Al Qaeda and its affiliated groups; CommentsClose CommentsPermalink





(3) the strategy of the Department to monitor open source messaging that incite violence, including Internet websites that disseminate videos, graphics, text calling for violent activities, and to provide counter-messaging to that messaging; CommentsClose CommentsPermalink





(4) the number of employees of the Department and the amount of funding dedicated by the Department to countering homegrown violent Islamist extremism, including the violent ideology of Al Qaeda and its affiliated groups; CommentsClose CommentsPermalink





(5) 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 homegrown violent Islamist extremism; and CommentsClose CommentsPermalink





(6) the metrics used to measure the effectiveness of programs or activities of the Department aimed to counter homegrown violent Islamist extremism, including the violent ideology of Al Qaeda and its affiliated groups. CommentsClose CommentsPermalink

SEC. 103. DIRECT LINE AUTHORITY FOR CHIEF OPERATING OFFICERS.

(a) In General- Title VI of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) is further amended by adding at the end the following: CommentsClose CommentsPermalink

‘SEC. 602. DIRECT LINE AUTHORITY FOR CHIEF OPERATING OFFICERS.

‘(a) In General- The Department’s Chief Operating Officers shall include-- CommentsClose CommentsPermalink





‘(1) the Chief Financial Officer; CommentsClose CommentsPermalink





‘(2) the Chief Procurement Officer; CommentsClose CommentsPermalink





‘(3) the Chief Information Officer; CommentsClose CommentsPermalink





‘(4) the Chief Human Capital Officer; CommentsClose CommentsPermalink





‘(5) the Chief Administrative Officer; and CommentsClose CommentsPermalink





‘(6) the Chief Security Officer. CommentsClose CommentsPermalink





‘(b) Delegation- Subject to the direction and control of the Secretary, the Chief Operating Officers shall have direct authority over their respective counterparts in the components of the Department to ensure that the components comply with the laws, rules, regulations, and departmental policies the Chief Operating Officers are responsible for implementing. In coordination with the head of the relevant component, such authorities shall include, with respect to the Officer’s counterparts within components of the Department, direction of-- CommentsClose CommentsPermalink





‘(1) the activities of personnel; CommentsClose CommentsPermalink





‘(2) planning, operations, and training; and CommentsClose CommentsPermalink





‘(3) the budget and other financial resources. CommentsClose CommentsPermalink





‘(c) Coordination With Heads of Agencies- The chief operating officers of components of the Department shall coordinate with the heads of their respective agencies while fulfilling their responsibilities under subsection (b) to report directly to the Chief Operating Officers.’. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further amended by inserting after the item relating to section 601, as added by section 101 of this Act, the following: CommentsClose CommentsPermalink





‘Sec. 602. Direct line authority for Chief Operating Officers.’. CommentsClose CommentsPermalink

SEC. 104. DEPARTMENT OF HOMELAND SECURITY INTERNATIONAL AFFAIRS OFFICE.

Section 879 of the Homeland Security Act of 2002 (6 U.S.C. 459) is amended to read as follows: CommentsClose CommentsPermalink

‘SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS.

‘(a) Establishment- There is established within the Department an Office of International Affairs. The Office shall be headed by the Assistant Secretary for International Affairs, who shall be appointed by the President, by and with the advice and consent of the Senate. CommentsClose CommentsPermalink





‘(b) Responsibilities of the Assistant Secretary- The Assistant Secretary for International Affairs shall-- CommentsClose CommentsPermalink





‘(1) establish, in consultation with the Under Secretary for Management, minimum requirements for training and supporting staff who are deployed abroad;‘(2) coordinate international coordinate international functions within the Department, including functions carried out by the components of the Department, in consultation with other Federal officials with responsibility for counterterrorism and homeland security matters; CommentsClose CommentsPermalink





‘(32) advise, inform, and assist the Secretary, in consultation with overseas Department personnel, on strategies, foreign policy matters, and Department international programs; CommentsClose CommentsPermalink





‘(3) develop, in consultation with the Under Secretary for Management, for selecting, assigning, training, and monitoring overseas deployments of Department personnel, including minimum standards for predeployment training; CommentsClose CommentsPermalink





‘(4) develop and update, in coordination with all components of the Department engaged in international activities, a strategic plan for the international activities of the Department and establish a process for managing its implementation;‘(4) provide guidance to components of the Department engaged in international activities and to employees of the Department who are and monitor the ability of Department’s components to comply with implementation; CommentsClose CommentsPermalink





‘(5) develop and distribute guidance on Department policy priorities for overseas functions to personnel deployed overseas, as well as their intent to pursue negotiations with foreign government officials and reviewing resulting draft agreements;‘(5 that, at a minimum, sets forth the regional and national priorities being advanced by their deployment; CommentsClose CommentsPermalink





‘(6) maintain awareness regarding the international travel of senior officers of the Department, as well as their intent to pursue negotiations with foreign government officials and reviewing resulting draft agreements; CommentsClose CommentsPermalink





‘(6) develop, in consultation with the components7) develop, in consultation with the components and, where appropriate, with the Science and Technology Directorate, programs to support the overseas programs conducted by the Department, including training, technical assistance, and equipment; and‘(7) promote to ensure that Department personnel deployed abroad have proper resources and receive adequate and timely support; CommentsClose CommentsPermalink





‘(8) conduct exchange of homeland security information and best practices relating to homeland security with foreign nations that, in the determination of the Secretary, reciprocate the sharing of such information in a substantially similar manner; CommentsClose CommentsPermalink





‘(9) ensure that internationally deployed Department personnel have access to, as appropriate for the requirements of their duties, Department systems with the capability of sending and receiving cables or other messages; and CommentsClose CommentsPermalink





‘(10) submit information to the Under Secretary of Policy for oversight and purposes, including preparation of the quadrennial homeland security review, on the status of overseas activities, including training and technical assistance and information exchange activities, and the Department’s resources dedicated to these activities. CommentsClose CommentsPermalink





‘(c) Responsibilities of the Components of the Department- CommentsClose CommentsPermalink





‘(1) NOTICE OF FOREIGN NEGOTIATIONS- All components of the Department shall notifycoordinate with the Office of International Affairs of the intent of the component to pursue negotiations with foreign governments to ensure consistency with the Department’s policy priorities. CommentsClose CommentsPermalink





‘(2) NOTICE OF INTERNATIONAL TRAVEL BY SENIOR OFFICERS- All components of the Departments shall notify the Office of International Affairs about the international travel of senior officers of the Department. CommentsClose CommentsPermalink





‘(d) Inventory of Assets Deployed Abroad- The Office of International Affairs shall provide to the appropriate congressional committees, with the annual budget request for the Department, an annual accounting of all assets of the Department, including personnel, deployed outside the United States on behalf of the Department. CommentsClose CommentsPermalink





‘(e) Exclusions- This section does not apply to international activities related to the protective mission of the United States Secret Service, or to the Coast Guard when operating under the direct authority of the Secretary of Defense or the Secretary of the Navy.’. CommentsClose CommentsPermalink

SEC. 105. ASSISTANT SECRETARY FOR HEALTH AFFAIRS.

Section 516 of the Homeland Security Act of 2002 (6 U.S.C. 321e) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a), by striking the period at the end and inserting ‘, and who shall also have the title of Assistant Secretary for Health Affairs.’; and CommentsClose CommentsPermalink





(2) in subsection (c)-- CommentsClose CommentsPermalink





(A) in paragraph (6), by striking ‘and’ after the semicolon at the end; CommentsClose CommentsPermalink





(B) by redesignating paragraph (7) as paragraph (10); and CommentsClose CommentsPermalink





(C) by inserting after paragraph (6) the following: CommentsClose CommentsPermalink





‘(7) ensuring that the workforce of the Department has science-based policy, standards, requirements, and metrics for occupational safety and health; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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, and agricultural health consequences; and’. CommentsClose CommentsPermalink

SEC. 106. DEPARTMENT OF HOMELAND SECURITY REORGANIZATION AUTHORITY.

Section 872 of the Homeland Security Act of 2002 (6 U.S.C. 452) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘only’ and all that follows through ‘(2) after’ and inserting ‘only after’; and CommentsClose CommentsPermalink





(2) by striking subsection (b) and inserting the following: CommentsClose CommentsPermalink





‘(b) Limitations on Other Reorganization Authority- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(2) EXCEPTION- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(1) the reasons for the action taken; and CommentsClose CommentsPermalink





‘(2) a list of each statutory provision implicated by the action. CommentsClose CommentsPermalink





‘(d) Submittal of Notification to Congress- No reorganization, realignment, consolidation, or other significant organizational change to a component, directorate, or agency of the Department, may take effect before the appropriate congressional committees receive information from the Secretary to support the determination that such reorganization, realignment, consolidation, or other significant organizational change will enhance the component, directorate, or office’s efficiency, operational capabilities, or capacity, balance the numbers of Federal workers in accordance with the balanced workforce strategy, and result in administrative cost saving.’. CommentsClose CommentsPermalink

SEC. 107. REPEAL OF OFFICE OF DOMESTIC PREPAREDNESS.

(a) Termination- Title IV of the Homeland Security Act of 2002 is amended by striking section 430 (6 U.S.C. 238). CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in 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. CommentsClose CommentsPermalink

SEC. 108. QUADRENNIAL HOMELAND SECURITY REVIEW.

(a) In General- Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘fiscal year 2009’ and inserting ‘calendar year 2013’; and CommentsClose CommentsPermalink





(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 undersection 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 CommentsClose CommentsPermalink





(2) by striking subsections (b), (c), and (d) and inserting the following: CommentsClose CommentsPermalink





‘(b) Scope of Review and Report- CommentsClose CommentsPermalink





‘(1) IN GENERAL- In each quadrennial homeland security review, the Secretary shall-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(F) identify redundant, wasteful, or unnecessary capabilities and capacities where resources can be redirected to support capabilities and capacities identified under subparagraph (E); CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(H) review any other matter the Secretary considers appropriate. CommentsClose CommentsPermalink





‘(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 undersection 1105(a) of title 31, United States Code, the Secretary shall-- CommentsClose CommentsPermalink





‘(A) submit to the appropriate congressional committees a report-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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); CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(iv) 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; CommentsClose CommentsPermalink





‘(v) 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 CommentsClose CommentsPermalink





‘(vi) describing any other matter the Secretary considers appropriate; and CommentsClose CommentsPermalink





‘(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; and CommentsClose CommentsPermalink





‘(C) where appropriate, the Secretary may include as an annex to the report materials prepared pursuant to section 306 of title 5, relating to the preparation of an agency strategic plan, to satisfy, in whole or in part, the reporting requirements of this paragraph.’. CommentsClose CommentsPermalink





(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: CommentsClose CommentsPermalink





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

SEC. 109. DEVELOPMENT OF EXPLOSIVES DETECTION CANINE STANDARDS.

(a) In General- Section 1307(c) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1116(c)) is amended to read as follows: CommentsClose CommentsPermalink





‘(c) Explosives Detection Canine Accreditation and Minimum Certification Standards- CommentsClose CommentsPermalink





‘(1) IN GENERAL- To assist in the Department’s counterterrorism mission, the Secretary shall-- CommentsClose CommentsPermalink





‘(A) issue mission-specific accreditation and minimum certification standards for all explosives detection canines, and their handlers, that are used or funded by the Department; and CommentsClose CommentsPermalink





‘(B) ensure that all explosives detection canines used or funded by the Department, and their handlers, are trained by persons who have met those accreditation standards and utilize such minimum certification standards. CommentsClose CommentsPermalink





‘(2) INCLUDED CANINES AND HANDLERS- The canines and handlers referred to in paragraph (1) include-- CommentsClose CommentsPermalink





‘(A) canines that are not bred by the Department; CommentsClose CommentsPermalink





‘(B) canines and handlers that are not trained by the Department; and CommentsClose CommentsPermalink





‘(C) canine and handlers that are obtained by the Department by contract, or funded by the Department by grant or otherwise. CommentsClose CommentsPermalink





‘(3) RECOMMENDATIONS- CommentsClose CommentsPermalink





‘(A) PANEL- The Secretary shall convene a panel that will develop recommendations for the accreditation and minimum certification standards under this subsection, which shall consist of canine training subject matter experts, including representatives from the private sector and academia, as designated by the Secretary. CommentsClose CommentsPermalink





‘(B) RECOMMENDATIONS- The recommendations shall consist of a multitier set of standards designed to provide minimum accreditation and certification standards, as well as a higher level of standards based on mission-critical objectives of the components that use explosives detection canines. The standards shall address both initial and recurrent training and certification. CommentsClose CommentsPermalink





‘(C) REVIEW AND REVISION- After provision of the recommendations, the panel shall meet no less than biennially to review and revise the recommendations. CommentsClose CommentsPermalink





‘(4) AUTHORIZATION OF APPROPRIATIONS- To carry out this subsection there is authorized to be appropriated $300,000 for fiscal year 2012.’. CommentsClose CommentsPermalink





(b) Deadline for Standards- The Secretary of Homeland Security shall issue accreditation and minimum certification standards under the amendment made by subsection (a) by not later than 180 days after the date of enactment of this Act. CommentsClose CommentsPermalink

TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION POLICY CommentsClose CommentsPermalink

SEC. 201. DEPARTMENT OF HOMELAND SECURITY ACQUISITIONS AND PROCUREMENT REVIEW.

(a) In General- Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), is amended by adding at the end the following: CommentsClose CommentsPermalink

‘SEC. 708. DEPARTMENT ACQUISITIONS AND PROCUREMENT REVIEW.

‘(a) In General- The Secretary shall review the proposed acquisitions and procurements by the Department. CommentsClose CommentsPermalink





‘(b) Purpose- The review under subsection (a) shall inform the Department’s investment decisions, evaluate lifecycles of procurements, strengthen acquisition oversight, and improve resource management in a risk-based manner. CommentsClose CommentsPermalink





‘(c) Acquisition Review Board- CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- The Secretary shall establish an Acquisition Review Board for the purpose of carrying out the review of proposed acquisitions and procurements required under subsection (a). CommentsClose CommentsPermalink





‘(2) MEMBERSHIP- The Secretary shall designate appropriate officers from throughout the Department to serve on the Acquisition Review Board, including an appointee to serve as chair of the Board. CommentsClose CommentsPermalink





‘(3) SUBORDINATE BOARDS AND COUNCILS- The Secretary may establish subordinate boards and councils to support the Acquisition Review Board. CommentsClose CommentsPermalink





‘(d) Investment Thresholds- The Secretary may establish materiality thresholds for the review of investments by the Acquisition Review Board or any subordinate board or council. CommentsClose CommentsPermalink





‘(e) SAFETY Act- The Acquisition Review Board shall identify proposed investments and acquisitions across the Department that should utilize the pre-qualification designation notice, the block designation, or the block certification processes available under subtitle G of title VIII, and provide its findings to the Under Secretary for Management, the Under Secretary for Science and Technology, and the relevant acquisition authority for implementation. CommentsClose CommentsPermalink





‘(f) Reporting Requirement- The Secretary shall submit to the appropriate congressional committees an annual report, broken down on a quarterly basis, on the activities of the Acquisition Review Board, including detailed descriptions of and statistics on programs and activities reviewed by the Acquisition Review Board.’. CommentsClose CommentsPermalink





(b) Initial Report- Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the appropriate congressional committees on the processes and protocols implemented to carry out the review required under the amendment made by subsection (a). CommentsClose CommentsPermalink





(c) Clerical 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 adding at the end of the items relating to title VII the following: CommentsClose CommentsPermalink





‘Sec. 708. Department acquisitions and procurement review.’. CommentsClose CommentsPermalink

SEC. 202. CAPABILITIES AND REQUIREMENTS COUNCIL.

(a) In General- Title VII of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is further amended by adding at the end the following new section: CommentsClose CommentsPermalink

‘SEC. 709. CAPABILITIES AND REQUIREMENTS COUNCIL.

‘(a) Establishment- There is established a Capabilities and Requirements Council in the Department. CommentsClose CommentsPermalink





‘(b) Mission- The Capabilities and Requirements Council shall provide recommendations and assistance to the Secretary for the following: CommentsClose CommentsPermalink





‘(1) Identifying, assessing, and approving homeland security investments and acquisition requirements, including investments in and requirements for existing programs, systems, and equipment, to meet homeland security strategic goals and objectives. CommentsClose CommentsPermalink





‘(2) Harmonizing common investments and requirements across Department organizational elements. CommentsClose CommentsPermalink





‘(3) Reviewing the mission need associated with each proposed investment or acquisition requirement identified under paragraph (1). CommentsClose CommentsPermalink





‘(4) Reviewing major investments across the Department to ensure consistency with homeland security strategic goals and objectives. CommentsClose CommentsPermalink





‘(5) Ensuring the use of cost-benefit analyses, giving consideration to factors such as cost, schedule, performance, risk, and operational efficiency, in order to determine the most viable homeland security investments or acquisition requirements identified under paragraph (1). CommentsClose CommentsPermalink





‘(6) Establishing and assigning priority levels for the homeland security investments and requirements identified under paragraph (1), in consultation with advisors to the Council engaged under subsection (d). CommentsClose CommentsPermalink





‘(7) Reviewing the estimated level of resources required to fulfill the homeland security requirements identified under paragraph (1) and to ensure that such resource level is consistent with the level of priority assigned to such requirement. CommentsClose CommentsPermalink





‘(8) Proposing schedules for delivery of the operational capability needed to meet each homeland security requirement identified under paragraph (1). CommentsClose CommentsPermalink





‘(9) Identifying alternatives to any acquisition program that meet homeland security requirements identified under paragraph (1). CommentsClose CommentsPermalink





‘(10) Providing recommendations to the Acquisition Review Board established under section 708. CommentsClose CommentsPermalink





‘(11) Performing any other duties established by the Secretary. CommentsClose CommentsPermalink





‘(c) Composition- The Capabilities and Requirements Council is composed of-- CommentsClose CommentsPermalink





‘(1) the Under Secretary for Management of the Department, who shall act as the Chairman of the Council; and CommentsClose CommentsPermalink





‘(2) appropriate representatives from the components and organizational elements of the Department, as determined by the Secretary. CommentsClose CommentsPermalink





‘(d) Advisors- The Council shall seek and consider input from members of Federal, State, local, and tribal governments, and the private sector, as appropriate, on matters within their authority and expertise in carrying out its mission under subsection (b).’. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to title VII the following: CommentsClose CommentsPermalink





‘Sec. 709. Capabilities and Requirements Council.’. CommentsClose CommentsPermalink

SEC. 203. ACQUISITION AUTHORITIES FOR THE UNDER SECRETARY FOR MANAGEMENT.

(a) In General- Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)(2), by striking ‘Procurement’ and inserting ‘Acquisition, as provided in subsection (d)’; and CommentsClose CommentsPermalink





(2) by adding at the end the following: CommentsClose CommentsPermalink





‘(d) Acquisition and Related Responsibilities- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Under Secretary for Management shall act as the senior acquisition officer for the Department and shall administer functions relating to acquisition, including-- CommentsClose CommentsPermalink





‘(A) supervising the management of Department acquisition activities and acquisition programs, evaluating the performance of those activities and programs, and advising the Secretary regarding the appropriate risk-based acquisition strategy to achieve the mission of the Department; CommentsClose CommentsPermalink





‘(B) directing all of the Department’s components with regard to the Under Secretary’s responsibility under this subsection; CommentsClose CommentsPermalink





‘(C) establishing policies for acquisition that implement a risk-based approach, as appropriate, including investment review, program management, procurement of goods and services, research and development, and contract administration, for all components of the Department; CommentsClose CommentsPermalink





‘(D) establishing policies for logistics, maintenance, and sustainment support for all components of the Department; CommentsClose CommentsPermalink





and‘(E ‘(E) ensuring the procurement activities of the Department’s components consider the applicability of the SAFETY Act in accordance with the procedures in the Federal Acquisition Regulations Subpart 50.205; and CommentsClose CommentsPermalink





‘(F) prescribing policies to ensure that audit and oversight of contractor activities are coordinated and carried out in a risk-based manner that prevents redundancies among the different components of the Department. CommentsClose CommentsPermalink





‘(2) UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY- Nothing in this subsection shall diminish or otherwise affect the authority granted to the Under Secretary for Science and Technology under this Act. The Under Secretary for Management and the Under Secretary for Science and Technology shall cooperate in matters of mutual interest related to the subjects addressed by this subsection.’. CommentsClose CommentsPermalink





(b) Report to Congress- The Under Secretary for Management shall report to Congress within 180 days after the date of the enactment of this Act on a comprehensive acquisition management plan for the Department, including performance metrics, to-- CommentsClose CommentsPermalink





(1) improve collaboration, coordination, and awareness of technologies and capabilities across components of the Department, the Federal Government, universities, and the private sector when developing program requirements for acquisitions by the Department; CommentsClose CommentsPermalink





(2) evaluate the reasons for modifying program requirements after an award of a contract and analyze the need for modifications and whether modifications would lead to contract cost overruns andor time delays; CommentsClose CommentsPermalink





(3) ensure regular communication with and support from State and local entities when developing program requirements and modifying program requirements; CommentsClose CommentsPermalink





(4) provide increased oversight and management on identified high-risk acquisitions; CommentsClose CommentsPermalink





(5) evaluate the turnover rate of program managers and contracting officers throughout a contract and its impact on program requirement modifications, cost overruns, and time delays; and CommentsClose CommentsPermalink





(6) evaluate the time it takes between first developing program requirements, through the acquisition review process, up until a contract award is made. CommentsClose CommentsPermalink

SEC. 204. ACQUISITION PROFESSIONAL CAREER PROGRAM.

(a) In General- Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is further amended by adding at the end the following new section: CommentsClose CommentsPermalink

‘SEC. 710. ACQUISITION PROFESSIONAL CAREER PROGRAM.

‘(a) Establishment- The Secretary may establish at the Department an Acquisition Professional Career Program for the recruitment, training, and retention of acquisition professionals for the Department. CommentsClose CommentsPermalink





‘(b) Program- The program established under subsection (a) shall rotate participants through various headquarters and component acquisition and program offices to assure that participants receive broad experience and developmental training throughout the Department. CommentsClose CommentsPermalink





‘(c) Acquisition Professional- An acquisition professional shall include, but is not limited to, an individual employed by the Department as a contract specialist, program manager, or technical representative of a contracting office. CommentsClose CommentsPermalink





‘(d) Limit- Subject to appropriations, the Secretary may not hire more than 100 participants for the program established under subsection (a) in each fiscal year from 2012 to 2015.’. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such title the following new item: CommentsClose CommentsPermalink





‘Sec. 710. Acquisition Professional Career Program.’. CommentsClose CommentsPermalink

SEC. 205. STRATEGIC PLAN FOR ACQUISITION WORKFORCE.

(a) Strategic Plan- Not later than 180 days after the date of enactment of this Act, the Chief Procurement Officer and the Chief Human Capital Officer of the Department of Homeland Security shall submit to the appropriate congressional committees a 5-year strategic plan for the acquisition workforce of the Department. CommentsClose CommentsPermalink





(b) Elements of Plan- The plan required under subsection (a) shall-- CommentsClose CommentsPermalink





(1) designate the acquisition positions that will be necessary to support the Department acquisition requirements, including in the fields of-- CommentsClose CommentsPermalink





(A) program management; CommentsClose CommentsPermalink





(B) systems planning, research, development, engineering, and testing; CommentsClose CommentsPermalink





(C) procurement, including contracting; CommentsClose CommentsPermalink





(D) industrial property management; CommentsClose CommentsPermalink





(E) logistics; CommentsClose CommentsPermalink





(F) quality control and assurance; CommentsClose CommentsPermalink





(G) manufacturing and production; CommentsClose CommentsPermalink





(H) business, cost estimating, financial management, and auditing; CommentsClose CommentsPermalink





(I) education, training, and career development; CommentsClose CommentsPermalink





(J) construction; and CommentsClose CommentsPermalink





(K) joint projects with other Government agencies and foreign countries; CommentsClose CommentsPermalink





(2) identify acquisition workforce needs of each Department component performing acquisition functions and develop a schedule for filling those needs; CommentsClose CommentsPermalink





(3) include departmental guidance and risk-based policies on the use of contractors to perform acquisition functions; CommentsClose CommentsPermalink





(4) summarize the recruitment, hiring, training, and retention of the workforce identified in paragraph (2); and CommentsClose CommentsPermalink





(5) establish goals for achieving integration and consistency with Governmentwide training and accreditation standards, acquisition training tools, and training facilities. CommentsClose CommentsPermalink





(c) Other Acquisition Positions- The Chief Acquisition Officer of the Department may, as appropriate, designate as acquisition positions those additional positions that perform significant acquisition-related functions within that component of the Department. CommentsClose CommentsPermalink

SEC. 206. NOTIFICATION TO CONGRESS OF MAJOR AWARDS.

(a) In General- Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is further amended by adding at the end the following new section: CommentsClose CommentsPermalink

‘SEC. 711. NOTIFICATION TO CONGRESS OF MAJOR PROCUREMENT AWARDS.

‘(a) Reporting of Significant Contracts- The Secretary shall notify the appropriate congressional committees at least 3 business days prior to-- CommentsClose CommentsPermalink





‘(1) making a contract award, other transaction agreement, or task and delivery order exceeding $10,000,000; or CommentsClose CommentsPermalink





‘(2) announcing the intention to make such an award. CommentsClose CommentsPermalink





‘(b) Exception- If the Secretary determines that compliance with this section would pose a substantial risk to homeland security, an award may be made without the notification required by subsection (a) if the Secretary notifies the appropriate congressional committees by not later than 5 business days after such award is made.’. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such title the following new item: CommentsClose CommentsPermalink





‘Sec. 711. Notification to Congress of major procurement awards.’. CommentsClose CommentsPermalink

SEC. 207. INDEPENDENT VERIFICATION AND VALIDATION.

(a) In General- Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is further amended by adding at the end the following new section: CommentsClose CommentsPermalink

‘SEC. 712. INDEPENDENT VERIFICATION AND VALIDATION.

‘(a) In General- The Under Secretary for Management shall establish a process to provide for the evaluation of the integrity and quality of major acquisitions, to be conducted independently by personnel with no involvement or interest in the underlying acquisitions. CommentsClose CommentsPermalink





‘(b) Requirement for Guidance- The Under Secretary for Management shall create a transparent acquisition process by making available to the public written guidance that provides the following: CommentsClose CommentsPermalink





‘(1) Criteria for applying and planning independent verification and validation, including appropriate thresholds above which acquisitions may not proceed without independent verification and validation unless authorized to do so by the Acquisition Review Board established under section 708. CommentsClose CommentsPermalink





‘(2) Procedures for ensuring the managerial, financial, and technical independence of providers of independent verification and validation. CommentsClose CommentsPermalink





‘(3) Methods for integrating independent verification and validation results into program management. CommentsClose CommentsPermalink





‘(c) Reporting to Congress- The annual report required by section 708(e) shall-- CommentsClose CommentsPermalink





‘(1) identify any acquisition that is granted initial approval to proceed by the Acquisition Review Board without undergoing the process to establish independent verification and validation required under this section; and CommentsClose CommentsPermalink





‘(2) provide an explanation of the decision not to employ independent verification and validation.’. CommentsClose CommentsPermalink





(b) Deadline- The Under Secretary for Management shall establish the process required by the process required by the amendment made by subsection (a) not later than 180 days after the date of the enactment of this Act. CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such title the following new item: CommentsClose CommentsPermalink





‘Sec. 712. Independent verification and validation.’. CommentsClose CommentsPermalink

SEC. 208. OTHER TRANSACTION AUTHORITY.

Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘Until September 30, 20101’ and inserting ‘Until September 30, 2016’; CommentsClose CommentsPermalink





(2) in subsection (b), by striking ‘Not later than 2 years after the effective date of this Act, and annually thereafter’ and inserting ‘Not later than September 30, 2015’; and CommentsClose CommentsPermalink





(3) in subsection (d)(1), by striking ‘September 30, 20101’ and inserting ‘September 30, 2016’. CommentsClose CommentsPermalink

SEC. 209. REPORT ON COMPETITION.

Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall prepare a report analyzing the use of competition in the award of contracts by the Department under the requirements of the Competition in Contracting Act (41 U.S.C. 3301 et seq.), which shall include-- CommentsClose CommentsPermalink





(1) for each component of the Department-- CommentsClose CommentsPermalink





(A) the total number and dollar value of new contracts for each of the last three full fiscal years for which data is available; and CommentsClose CommentsPermalink





(B) of that total number, the number of contracts that were either-- CommentsClose CommentsPermalink





(i) entered into without full and open competition; or CommentsClose CommentsPermalink





(ii) awarded under competition after receipt of only one offer; CommentsClose CommentsPermalink





(2) a statistical analysis of statutory exceptions used to enter contracts without full and open competition; CommentsClose CommentsPermalink





(3) a discussion of the trends in competition in each component of the Department; and CommentsClose CommentsPermalink





(4) a comparison of the percentage of contracts awarded under full and open competition by the Department and the percentage of contracts awarded under full and open competition by other Federal departments and agencies. CommentsClose CommentsPermalink

TITLE III--INFORMATION SHARING AND INTELLIGENCE ANALYSIS CommentsClose CommentsPermalink

SEC. 301. DEPARTMENT OF HOMELAND SECURITY NATIONAL NETWORK OF FUSION CENTERS INITIATIVE.

(a) Amendments Tto Establish Network- CommentsClose CommentsPermalink





(1) AMENDMENTS- Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) is amended-- CommentsClose CommentsPermalink





(A) by striking the section heading and inserting the following: CommentsClose CommentsPermalink

‘SEC. 210A. DEPARTMENT OF HOMELAND SECURITY NATIONAL NETWORK OF FUSION CENTERS INITIATIVE.’;

(B) in subsection (a), by striking ‘a Department of Homeland Security State, Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers’ and inserting ‘a Department of Homeland Security National Network of Fusion Centers Initiative to establish partnerships with State and major urban area fusion centers’; CommentsClose CommentsPermalink





(C) by amending subsection (b) to read as follows: CommentsClose CommentsPermalink





‘(b) Interagency Support and Coordination- Through the Department of Homeland Security National Network of Fusion Centers Initiative, principal officials of participating State and major urban area fusion centers, and the officers designated as the Homeland Security Advisors of the States, the Secretary shall-- CommentsClose CommentsPermalink





‘(1) coordinate with other Federal departments and agencies to provide operational and intelligence advice and assistance to the National Network of Fusion Centers; CommentsClose CommentsPermalink





‘(2) support the integration of State and major urban area fusion centers into the information sharing environment and the National Prevention Framework as required by Presidential Policy Directive 8; CommentsClose CommentsPermalink





‘(3) oversee the maturation and sustainment of the National Network of Fusion Centers, including the development of a fusion center performance management program and exercises to assess the capability of individual fusion centers, the statewide fusion process, and the national network; CommentsClose CommentsPermalink





‘(4) reduce inefficiencies and maximize the effectiveness of Federal resource support; CommentsClose CommentsPermalink





‘(5) develop criteria for designating fusion centers that enables the most effective allocation of Federal resources and aligns with priorities of the Department as determined by the Secretary; CommentsClose CommentsPermalink





‘(6) coordinate with the Nationwide Suspicious Activity Reporting Initiative to ensure information within the scope of the information sharing environment created under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) gathered by the National Network of Fusion Centers is incorporated into the Department’s information resources; CommentsClose CommentsPermalink





‘(7) provide management guidance and assistance to the National Network of Fusion Centers; CommentsClose CommentsPermalink





‘(8) serve as a point of contact for and effective dissemination of information within the scope of such information sharing environment to the National Network of Fusion Centers; CommentsClose CommentsPermalink





‘(9) serve as the single point of contact to ensure the close communication and coordination between the National Network of Fusion Centers and the Department; CommentsClose CommentsPermalink





‘(10) provide the National Network of Fusion Centers with expertise on Department resources and operations; CommentsClose CommentsPermalink





‘(11) coordinate the provision of training and technical assistance to the National Network of Fusion Centers and encourage fusion centers in such Network to participate in terrorism threat-related exercises conducted by the Department; CommentsClose CommentsPermalink





‘(12) ensure, to the greatest extent practicable, that support to fusion centers in such network is reflected as a national priority in all applicable grant guidance; CommentsClose CommentsPermalink





‘(13) ensure that each fusion center in such network has a privacy policy approved by the Chief Privacy Officer of the Department; and CommentsClose CommentsPermalink





‘(14) carry out such other duties as the Secretary determines are appropriate.’; CommentsClose CommentsPermalink





(D) in subsection (c), by striking so much as precedes paragraph (3)(B) and inserting the following: CommentsClose CommentsPermalink





‘(c) Resource Allocation- CommentsClose CommentsPermalink





‘(1) RESPONSIBILITIES OF UNDER SECRETARY- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Under Secretary for Intelligence and Analysis shall-- CommentsClose CommentsPermalink





‘(i) lead Department efforts to ensure fusion centers in the Network are the primary focal points for the sharing of terrorism-related information with State and local entities; and CommentsClose CommentsPermalink





‘(ii) ensure that, as appropriate, operational, programmatic, and administrative resources, including intelligence officers, intelligence analysts, reporting officers, and other liaisons from components of the Department are provided to qualifying State and major urban area fusion centers. CommentsClose CommentsPermalink





‘(B) GRANT GUIDANCE- The Under Secretary for Intelligence and Analysis shall provide guidance on fusion centers to the Administrator of the Federal Emergency Management Agency in accordance with the memorandum of understanding required under section 210F. CommentsClose CommentsPermalink





‘(2) SOURCES OF SUPPORT- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Resources allocated under this subsection to fusion centers in the Network shall be provided by the following Department components and offices, in coordination with the respective component head and in consultation with the principal officials of fusion centers in the Network: CommentsClose CommentsPermalink





‘(i) The Office of Intelligence and Analysis. CommentsClose CommentsPermalink





‘(ii) The Office of Infrastructure Protection. CommentsClose CommentsPermalink





‘(iii) The Transportation Security Administration. CommentsClose CommentsPermalink





‘(iv) U.S. Customs and Border Protection. CommentsClose CommentsPermalink





‘(v) U.S. Immigration and Customs Enforcement. CommentsClose CommentsPermalink





‘(vi) The Coast Guard. CommentsClose CommentsPermalink





‘(vii) The Privacy Office of the Department. CommentsClose CommentsPermalink





‘(viii) The Office for Civil Rights and Civil Liberties of the Department. CommentsClose CommentsPermalink





‘(ix) Other components or offices of the Department, as determined by the Secretary. CommentsClose CommentsPermalink





‘(B) COORDINATION WITH OTHER FEDERAL AGENCIES- The Under Secretary for Intelligence and Analysis shall coordinate with appropriate officials throughout the Federal government to ensure the relevant deployment of representatives of other Federal departments and agencies. CommentsClose CommentsPermalink





‘(3) RESOURCE ALLOCATION CRITERIA- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall make available criteria for allocating resources referred to in paragraph (1)(A)(ii) to any fusion center in the Network.’; CommentsClose CommentsPermalink





(E) by adding the following at the end of subsection (c)(3)(B):‘(vi)in subsection (c)(3)(B), by striking ‘and’ after the semicolon at the end of clause (iv), by striking the period at the end of clause (v) and inserting ‘; and’, and by adding at the end the following: CommentsClose CommentsPermalink





‘(vi) whether the fusion center has privacy protections in place that are determined to be at least as comprehensive as the Federal information sharing environment privacy guidelines in effect on the date of the enactment.’; CommentsClose CommentsPermalink





(F) in subsection (e)-- CommentsClose CommentsPermalink





(i) by amending paragraph (1) to read as follows: CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall make it a priority to allocate resources, including deployed personnel, under this section from U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to participating State and major urban area fusion centers located in jurisdictions along land or maritime borders of the United States in order to enhance the integrity of and security at such borders by helping Federal, State, local, and tribal law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that pose a threat to homeland security.’; and CommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘participating State, local, and regional fusion centers’ and inserting ‘participating State and major urban area fusion centers’; CommentsClose CommentsPermalink





(G) by redesignating subsections (f), (g), (h), (i), (j), and (k) as subsections (g), (h), (i), (j), (k), and (l), respectively, and inserting after subsection (e) the following new subsection: CommentsClose CommentsPermalink





‘(f) Mass Transit Intelligence Priority- CommentsClose CommentsPermalink





‘(1) IN GENERAL- To the greatest extent practicable, the Secretary shall, under this section, assign personnel with expertise in security of mass transit systems to participating State and major urban area fusion centers located in high-risk jurisdictions with mass transit systems. CommentsClose CommentsPermalink





‘(2) MASS TRANSIT INTELLIGENCE PRODUCTS- In performing the responsibilities under subsection (d), officers and intelligence analysts assigned to fusion centers in the Network shall, as a primary responsibility, create mass transit intelligence products that-- CommentsClose CommentsPermalink





‘(A) assist State, local, and tribal law enforcement agencies in detecting and interdicting terrorists, weapons of mass destruction, and related contraband traveling on mass transit systems or targeting mass transit systems; CommentsClose CommentsPermalink





‘(B) promote consistent and timely sharing of mass transit security-relevant information among jurisdictions with mass transit systems; and CommentsClose CommentsPermalink





‘(C) enhance the Department’s situational awareness of the threat of acts of terrorism at or involving mass transit systems. CommentsClose CommentsPermalink





‘(3) DECONFLICTION- In performing the responsibilities under subsection (d), officers and intelligence analysts assigned to fusion centers in the Network shall assist Federal, State, local, and tribal law enforcement authorities overseeing the security of mass transit systems with resolving conflicting threat information provided by Federal Government sources.’; CommentsClose CommentsPermalink





(H) by amending subsection (j), as so redesignated, to read as follows: CommentsClose CommentsPermalink





‘(j) Guidelines- The Secretary, in consultation with the Attorney General, shall-- CommentsClose CommentsPermalink





‘(1) ensure the consistent application of guidance for identifying baseline capabilities and operational standards that must be achieved by a fusion center to participate in the Network; and CommentsClose CommentsPermalink





‘(2) ensure that such guidance aligns with and is mutually supportive of the role of fusion centers in the National Prevention Framework.’; and CommentsClose CommentsPermalink





(I) in subsection (l), as so redesignated, by striking ‘subsection (i)’ and inserting ‘subsection (j)’. CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of contents in section 1(b) of such Act is amended by striking the item relating to such section and inserting the following: CommentsClose CommentsPermalink





‘Sec. 210A. Department of Homeland Security National Network of Fusion Centers Initiative.’. CommentsClose CommentsPermalink





(b) Memorandum of Understanding on Fusion Centers- CommentsClose CommentsPermalink





(1) IN GENERAL- Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: CommentsClose CommentsPermalink

‘SEC. 210G. MEMORANDUM OF UNDERSTANDING ON FUSION CENTERS.

‘The Administrator of the Federal Emergency Management Agency shall enter into a memorandum of understanding with the Under Secretary for Intelligence and Analysis that delineates the roles and responsibilities of their respective organizations with respect to policy and guidance for fusion center-related expenditures with grant funds.’. CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: CommentsClose CommentsPermalink





‘Sec. 21GA0G. Memorandum of understanding on fusion centers.’. CommentsClose CommentsPermalink

SEC. 302. HOMELAND SECURITY INFORMATION SHARING NETWORKS DEVELOPMENT.

(a) Strategy- Within 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop a comprehensive strategy for the coordinated development and deployment of unclassified, sensitive but unclassified, and classified information sharing computer networks of the Department of Homeland Security. CommentsClose CommentsPermalink





(b) Plan- CommentsClose CommentsPermalink





(1) IN GENERAL- The strategy under subsection (a) shall include a comprehensive plan for the further development, acquisition, and deployment, and continual operations of-- CommentsClose CommentsPermalink





(A) the Homeland Security Information Network; CommentsClose CommentsPermalink





(B) the Homeland Secure Data Network; and CommentsClose CommentsPermalink





(C) the Homeland Top Secret Network. CommentsClose CommentsPermalink





(2) CONTENTS- The plan shall include the following: CommentsClose CommentsPermalink





(A) cost estimates for the further development of the networks identified in paragraph (1); CommentsClose CommentsPermalink





(B) development and acquisition schedules; CommentsClose CommentsPermalink





(C) a schedule for the decommissioning the legacy C-LAN system and transition to the Homeland Top Secret Network; CommentsClose CommentsPermalink





(D) a comprehensive list of systems requirements that meet strategic goals and Department-wide operational and analytical mission requirements; CommentsClose CommentsPermalink





(E) a plan for standardizing and properly disseminating the networks across the Department; CommentsClose CommentsPermalink





(F) consideration for any homeland security computer system or database not listed in paragraph (1) that is currently in development or in operation in any component or office of the Department and that should be merged with or incorporated into one of the networks listed in paragraph (1) to eliminate redundancy, and a schedule for such merger or incorporation; and CommentsClose CommentsPermalink





(G) a comprehensive plan for the coordinated deployment of the systems listed in paragraph (1), as considered appropriate by the Secretary, to-- CommentsClose CommentsPermalink





(i) the Department of Homeland Security Headquarters offices; CommentsClose CommentsPermalink





(ii) the Department of Homeland Security component headquarters; CommentsClose CommentsPermalink





(iii) the field elements of Department of Homeland Security components; CommentsClose CommentsPermalink





(iv) the National Network of Fusion Centers; CommentsClose CommentsPermalink





(v) State and local government entities; and CommentsClose CommentsPermalink





(vi) other Federal departments and agencies. CommentsClose CommentsPermalink





(c) Reporting Requirement- The Secretary shall report the strategy required by subsection (a) to the congressional homeland security committees within 30 days after it is completed. CommentsClose CommentsPermalink

SEC. 303. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT AT THE DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE ELEMENTS.

(a) In General- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after section 845 the following: CommentsClose CommentsPermalink

‘SEC. 846. AUTHORITY TO ESTABLISH EXCEPTED SERVICE POSITIONS WITHIN THE INTELLIGENCE COMPONENTS OF THE DEPARTMENT OF HOMELAND SECURITY.

‘(a) Authority- The Secretary of Homeland Security may convert both unencumbered and encumbered competitive service positions, and the incumbents of any such positions, within the elements of the intelligence community within the Department of Homeland Security, to excepted service positions as the Secretary determines necessary to carry out the intelligence functions of the Department. CommentsClose CommentsPermalink





‘(b) Incumbents- Any incumbent currently occupying a position selected to be converted to the excepted service under this section shall have the right to refuse such conversion. Once such individual no longer occupies the position, the position may be converted to the excepted service.’. CommentsClose CommentsPermalink





(b) Reporting- The Secretary shall include information, together with submission of the annual budget justification, on the following: CommentsClose CommentsPermalink





(1) the challenge with filling vacancies of the positions referenced in subsection (a); CommentsClose CommentsPermalink





(2) the extent to which the authority provided under subsection (a) was utilized to fill those positions; and CommentsClose CommentsPermalink





(3) any impact that the exercise of that authority had on diversity within the Department. CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by inserting after the item relating to section 845 the following: CommentsClose CommentsPermalink





‘Sec. 846. Authority to establish excepted service positions within the intelligence components of the Department of Homeland Security.’. CommentsClose CommentsPermalink

TITLE IV--9/11 REVIEW COMMISSION CommentsClose CommentsPermalink

SEC. 401. SHORT TITLE.

This title may be cited as the ‘9/11 Review Commission Act’. CommentsClose CommentsPermalink

SEC. 402. ESTABLISHMENT.

There is established in the legislative branch a National Commission to Review the National Response Since the Terrorist Attacks of September 11, 2001 (referred to as the ‘9/11 Review Commission’). CommentsClose CommentsPermalink

SEC. 403. PURPOSES OF THE 9/11 REVIEW COMMISSION.

The 9/11 Review Commission shall conduct a comprehensive review of the implementation of the recommendations proposed in the report issued by the National Commission on Terrorist Attacks Upon the United States (commonly known as the ‘9/11 Commission’), as established pursuant to section 601 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306). The review of the 9/11 Review Commission shall-- CommentsClose CommentsPermalink





(1) assess the progress and challenges in carrying out the recommendations of the 9/11 Commission, including any relevant legislation, Eexecutive order, regulation, plan, policy, practice, or procedure implemented since the attacks of September 11, 2001; CommentsClose CommentsPermalink





(2) analyze the trends of domestic terror attacks since the attacks of September 11, 2001, including the growing influence of domestic radicalization and its causes, and recommendations on how Federal, State, and local agencies can deter and mitigate such radicalization; CommentsClose CommentsPermalink





(3) investigate whether there exists evidence that was not considered by the 9/11 Commission of any conduct, relationships, or other factors which served in any manner to contribute to, facilitate, support, or assist the hijackers who carried out the terrorist attacks of September 11, 2001; and CommentsClose CommentsPermalink





(4) provide additional recommendations with regard to protecting United States homeland security, ensuring interagency intelligence sharing, and other matters relating to counterterrorism policy. CommentsClose CommentsPermalink

SEC. 404. COMPOSITION OF THE 9/11 REVIEW COMMISSION.

The 9/11 Review Commission shall be composed of a chairman, to be appointed by the Speaker of the House of Representatives, and a vice chairman, to be appointed by the Majority Leader of the Senate. CommentsClose CommentsPermalink

SEC. 405. AUTHORITY OF 9/11 REVIEW COMMISSION.

(a) Hearings and Evidence- The 9/11 Review Commission, or any panel acting on the authority of the 9/11 Review Commission, may-- CommentsClose CommentsPermalink





(1) hold hearings, take testimony, receive evidence, and administer oaths; and CommentsClose CommentsPermalink





(2) subject to subsection (b)(1), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, electronic communications, papers, and documents, as the 9/11 Review Commission or such designated panel may determine advisable. CommentsClose CommentsPermalink





(b) Subpoena Authority- CommentsClose CommentsPermalink





(1) ISSUANCE- Upon the agreement of the chairman and the vice chairman, the chairman may issue a subpoena to compel the production of documents or sworn testimony. CommentsClose CommentsPermalink





(2) PROCESS- Subpoenas issued pursuant to this subsection shall be signed by the chairman or any person designated by the chairman, and may be served by any person designated by the chairman. CommentsClose CommentsPermalink





(3) ENFORCEMENT- CommentsClose CommentsPermalink





(A) IN GENERAL- In the event that any person fails to obey a subpoena issued pursuant to paragraph (1), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any person failing to obey the order of the court may be held in contempt of the court. CommentsClose CommentsPermalink





(B) ADDITIONAL ENFORCEMENT- In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the chairman may certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192-194). CommentsClose CommentsPermalink





(c) Information From Federal Agencies- CommentsClose CommentsPermalink





(1) IN GENERAL- The 9/11 Review Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this title. Each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the 9/11 Review Commission, upon request made by the chairman or the vice chairman. CommentsClose CommentsPermalink





(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION- Information shall only be received, handled, stored, and disseminated by the 9/11 Review Commission, including its staff, in accordance with all applicable statutes, regulations, and Executive orders. CommentsClose CommentsPermalink





(d) Advisory Panels- The chairman may establish advisory panels composed of individuals, including such experts as the chairman determines appropriate, who may undertake investigations, evaluate evidence, make findings, and provide recommendations to the 9/11 Review Commission. CommentsClose CommentsPermalink





(e) Contracting- The 9/11 Review Commission may, to such extent and in such amounts as are provided in by by appropriations, enter into contracts to enable the Commission to discharge its duties under this title. CommentsClose CommentsPermalink





(f) Assistance From Federal Agencies- CommentsClose CommentsPermalink





(1) GENERAL SERVICES ADMINISTRATION- The Administrator of General Services shall provide to the 9/11 Review Commission, on a reimbursable basis, administrative support and other services for the performance of the 9/11 Review Commission’s functions. CommentsClose CommentsPermalink





(2) OTHER DEPARTMENTS AND AGENCIES- In addition to the assistance prescribed in paragraph (1), the heads of Federal departments and agencies may provide to the 9/11 Review Commission such services, funds, facilities, staff, and other support services as such heads may determine advisable and as may be authorized by law. CommentsClose CommentsPermalink





(g) Postal Services- The 9/11 Review Commission may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. CommentsClose CommentsPermalink

SEC. 406. COMPENSATION.

The chairman and vice chairman of the 9/11 Review Commission may receive compensation in an amount not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule undersection 5315 of title 5, United States Code, for each day during which the chairman or vice chairman, as the case may be, is engaged in the actual performance of the duties of the 9/11 Review Commission. CommentsClose CommentsPermalink

SEC. 407. APPOINTMENT OF STAFF.

(a) In General- The chairman, in consultation with the vice chairman and in accord with any rule agreed upon by the 9/11 Review Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the 9/11 Review Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule undersection 5316 of title 5, United States Code. CommentsClose CommentsPermalink





(b) Travel Expenses- While away from their homes or regular places of business in the performance of services for the 9/11 Review Commission, members and staff of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses undersection 5703(b) of title 5, United States Code. CommentsClose CommentsPermalink





(c) Staff as Federal Employees- CommentsClose CommentsPermalink





(1) IN GENERAL- Any staff receiving compensation under this section shall be employees undersection 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. CommentsClose CommentsPermalink





(2) MEMBERS OF COMMISSION- Paragraph (1) shall not be construed to apply to the chairman or vice chairman. CommentsClose CommentsPermalink





(d) Detailees- Any Federal Government employee may be detailed to the 9/11 Review Commission without reimbursement from the 9/11 Review Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. CommentsClose CommentsPermalink





(e) Consultant Services- The 9/11 Review Commission is authorized to procure the services of experts and consultants in accordance withsection 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. CommentsClose CommentsPermalink

SEC. 408. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

The appropriate Federal agencies or departments shall provide to the 9/11 Review Commission, to the extent possible, personnel with appropriate security clearances. No person shall be provided with access to classified information under this title without the appropriate security clearances. CommentsClose CommentsPermalink

SEC. 409. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

(a) In General- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 9/11 Review Commission. CommentsClose CommentsPermalink





(b) Public Meetings and Release of Public Versions of Reports- The 9/11 Review Commission shall-- CommentsClose CommentsPermalink





(1) hold public hearings and meetings to the extent appropriate; and CommentsClose CommentsPermalink





(2) release public versions of the reports required under this title. CommentsClose CommentsPermalink





(c) Public Hearings- Any public hearings of the 9/11 Review Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the 9/11 Review Commission as required by any applicable statute, regulation, or Executive order. CommentsClose CommentsPermalink

SEC. 410. REPORTS OF 9/11 REVIEW COMMISSION.

(a) Interim Reports- The 9/11 Review Commission may submit to the President and provide to Congress interim reports containing its findings, conclusions, and recommendations, and may submit with such reports any classified annexes. CommentsClose CommentsPermalink





(b) Final Report- Not later than 12 months after the date of the enactment of this Act, the 9/11 Review Commission shall submit to the President and appropriate congressional committees (as such term is defined in section 101 of the Homeland Security Act of 2002 (6 U.S.C. 101)) a final report, together with a classified annex if such is determined appropriate, containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by the chairman and vice chairman. CommentsClose CommentsPermalink





(c) Termination- CommentsClose CommentsPermalink





(1) IN GENERAL- The 9/11 Review Commission, and all the authorities of this title, shall terminate 30 days after the date on which the final report is submitted under subsection (b). CommentsClose CommentsPermalink





(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION- The 9/11 Review Commission may use the 30-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to Congress concerning its reports and disseminating the final report. CommentsClose CommentsPermalink

SEC. 411. FUNDING.

(a) Authorization of Appropriations- There is authorized to be appropriated $1,000,000 to carry out this title. CommentsClose CommentsPermalink





(b) Duration of Availability- Amounts made available to the 9/11 Review Commission under this section shall remain available until the termination of the 9/11 Review Commission. CommentsClose CommentsPermalink

TITLE V--PREPAREDNESS AND RESPONSE CommentsClose CommentsPermalink

Subtitle A--WMD Preparedness and Response CommentsClose CommentsPermalink

SEC. 501. HOMELAND SECURITY BIODEFENSE STRATEGY.

(a) Biodefense Review and Strategy- CommentsClose CommentsPermalink





(1) IN GENERAL- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following new title: CommentsClose CommentsPermalink

‘TITLE XXI--WEAPONS OF MASS DESTRUCTION CommentsClose CommentsPermalink

‘SEC. 2101. BIODEFENSE STRATEGY.

‘(a) In General- The Secretary shall issue, at least once every four years, a biodefense strategy that establishes detailed strategic biodefense objectives for the Department’s mission areas. CommentsClose CommentsPermalink





‘(b) Components- The strategy shall-- CommentsClose CommentsPermalink





‘(1) delineate those areas of biodefense for which the Department is explicitly responsible; CommentsClose CommentsPermalink





‘(2) include an inventory of the Department’s biodefense capabilities and assets; CommentsClose CommentsPermalink





‘(3) be sufficiently detailed to guide prioritization of Department investments in and strategic approach to biodefense-related research, development, planning, and preparedness; and CommentsClose CommentsPermalink





‘(4) include an implementation plan to enable the Department to carry out the objectives contained in the strategy. CommentsClose CommentsPermalink





‘(c) Annual Review- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall annually review the most recent biodefense strategy under this section to determine any necessary major adjustments to the strategy. CommentsClose CommentsPermalink





‘(2) CONSIDERATION OF BIODEFENSE POLICY- Each review shall-- CommentsClose CommentsPermalink





‘(A) identify continuing gaps or vulnerabilities in the Department’s biodefense posture; CommentsClose CommentsPermalink





‘(B) make recommendations for refining the Department’s biodefense investments; and CommentsClose CommentsPermalink





‘(C) include a detailed analysis of how well the implementation plan included in the most recent biodefense strategy is allowing the Department to meet the objectives of the biodefense strategy, with special emphasis on unmet objectives and proposed mechanisms to eliminate shortfalls in meeting those objectives, through budgetary, management, or other refinements. CommentsClose CommentsPermalink

‘SEC. 2102. SUBMISSIONS TO CONGRESS.

‘The Secretary shall submit each biodefense strategy and annual biodefense strategy review under this title to the appropriate congressional committees.’. CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of contents in section 1(b) of such Act is amended by adding at the end the following: CommentsClose CommentsPermalink

‘TITLE XXI--WEAPONS OF MASS DESTRUCTION

‘Sec. 2101. Biodefense strategy. CommentsClose CommentsPermalink





‘Sec. 2102. Submissions to Congress.’. CommentsClose CommentsPermalink





(b) Deadline for First Strategy- The Secretary of Homeland Security shall complete the first biodefense strategy under section 2101 of the Homeland Security Act of 2002, as amended by this section, by not later than one year after the date of enactment of this Act. CommentsClose CommentsPermalink

SEC. 502. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION SHARING.

(a) In General- Title XXI of the Homeland Security Act of 2002, as added by section 501 of this Act, is amended by adding at the end the following: CommentsClose CommentsPermalink

‘SEC. 2103. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION SHARING.

‘(a) In General- The Office of Intelligence and Analysis of the Department shall-- CommentsClose CommentsPermalink





‘(1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, and nuclear materials against the Nation; CommentsClose CommentsPermalink





‘(2) support homeland security-focused intelligence analysis of global infectious disease, public health, food, agricultural, and veterinary issues; CommentsClose CommentsPermalink





‘(3) support homeland-security focused risk analysis and risk assessments of the homeland security hazards described in paragraphs (1) and (2) by providing relevant quantitative and nonquantitative threat information; CommentsClose CommentsPermalink





‘(4) leverage existing and emerging homeland security capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; CommentsClose CommentsPermalink





‘(5) share information and provide tailored analytical support on these threats to State, local, and tribal authorities; and CommentsClose CommentsPermalink





‘(6) perform other responsibilities, as assigned by the Secretary. CommentsClose CommentsPermalink





‘(b) Coordination- Where appropriate, the Office of Intelligence and Analysis shall-- CommentsClose CommentsPermalink





‘(1) coordinate with other relevant Department components; CommentsClose CommentsPermalink





‘(2) consult with others in the Intelligence Community, including State, local, and tribal authorities, in particular officials from high-threat areas; and CommentsClose CommentsPermalink





‘(3) enable such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of classified information, and on how they can provide information to the Department. CommentsClose CommentsPermalink





‘(c) Report- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than one year after the date of the enactment of this section and annually thereafter, the Secretary shall report to the appropriate congressional committees on-- CommentsClose CommentsPermalink





‘(A) the intelligence and information sharing activities under subsection (a) and of all relevant entities within the Department to counter the threat from weapons of mass destruction; and CommentsClose CommentsPermalink





‘(B) the Department’s activities in accordance with relevant intelligence strategies. CommentsClose CommentsPermalink





‘(2) ASSESSMENT OF IMPLEMENTATION- The report shall include-- CommentsClose CommentsPermalink





‘(A) a description of methods established to assess progress of the Office of Intelligence and Analysis in implementing this section; and CommentsClose CommentsPermalink





‘(B) such assessment.’. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such title the following: CommentsClose CommentsPermalink





‘Sec. 2103. Weapons of mass destruction intelligence and information sharing.’. CommentsClose CommentsPermalink

SEC. 503. RISK ASSESSMENTS.

(a) In General- Title XXI of the Homeland Security Act of 2002, as added by section 501 of this Act, is amended by adding at the end the following: CommentsClose CommentsPermalink

‘SEC. 2104. RISK ASSESSMENTS.

‘(a) In General- The Secretary, acting through the Under Secretary for Science and Technology and in coordination with relevant Department components and other appropriate Federal departments and agencies, shall-- CommentsClose CommentsPermalink





‘(1) produce and update periodically a terrorism risk assessment of chemical, biological, radiological, and nuclear threats; and CommentsClose CommentsPermalink





‘(2) produce and update periodically an integrated terrorism risk assessment that assesses all of those threats and compares them against one another according to their relative risk. CommentsClose CommentsPermalink





‘(b) Methodology- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall-- CommentsClose CommentsPermalink





‘(A) convene an interagency task force of relevant subject matter experts to assess the proposed methodology to be used for assessments required under subsection (a), and to provide recommendations to the Secretary as to the adequacy of such methodology; CommentsClose CommentsPermalink





‘(B) conduct sensitivity analysis on each assessment to identify and prioritize research activities to close knowledge gaps; and CommentsClose CommentsPermalink





‘(C) consider the evolving threat from an intelligent adversary. CommentsClose CommentsPermalink





‘(2) INCLUSION IN ASSESSMENT- Each assessment under subsection (a) shall include a description of the methodology used for the assessment. CommentsClose CommentsPermalink





‘(c) Usage- The assessments required under subsection (a) shall be used to inform and guide risk management decisions, including-- CommentsClose CommentsPermalink





‘(1) the threat assessments and determinations by the Secretary regarding agents and toxins pursuant to section 319F-2 of the Public Health Service Act; CommentsClose CommentsPermalink





‘(2) allocation of resources for research and development for prevention of, protection against, response to, and recovery from a chemical, biological, radiological, or nuclear attack; CommentsClose CommentsPermalink





‘(3) prioritization of medical countermeasure research, development, acquisition, and distribution activities and other national strategic biodefense research; CommentsClose CommentsPermalink





‘(4) tailored risk assessments and risk mitigation studies, as appropriate, on topics such as radiological materials security or the economic risks of a biological attack; and CommentsClose CommentsPermalink





‘(5) other homeland security activities as determined appropriate by the Secretary and the heads of other agencies. CommentsClose CommentsPermalink





‘(d) Input and Sharing- The Secretary shall, for each assessment required under subsection (a)-- CommentsClose CommentsPermalink





‘(1) seek input from Federal, State, local, and tribal officials involved in efforts to prevent, protect against, respond to, and recover from chemical, biological, radiological, and nuclear threats; CommentsClose CommentsPermalink





‘(2) ensure that written procedures are in place to guide the development and review of risk assessments through coordinated efforts of relevant Federal agencies; CommentsClose CommentsPermalink





‘(3) share the risk assessments with Federal, State, local and tribal officials with appropriate security clearances and a need for the information in the classified version; and CommentsClose CommentsPermalink





‘(4) to the extent practicable, make available an unclassified version for Federal, State, local, and tribal officials involved in prevention and preparedness for chemical, biological, radiological, and nuclear events.’. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such title the following: CommentsClose CommentsPermalink





‘Sec. 2104. Risk Aassessments.’. CommentsClose CommentsPermalink

SEC. 504. INDIVIDUAL AND COMMUNITY PREPAREDNESS.

(a) Individual and Community Preparedness- Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is further amended by adding at the end the following: CommentsClose CommentsPermalink

‘SEC. 5267. INDIVIDUAL AND COMMUNITY PREPAREDNESS.

‘(a) In General- The Administrator shall assist State, local, and tribal authorities in improving and promoting individual and community preparedness and collective response to weapons of mass destruction and terrorist attacks involving chemical, biological, radiological, and nuclear materials, including those that cause mass fatalities, against the United States, by-- CommentsClose CommentsPermalink