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[House Report 112-717]
[From the U.S. Government Publishing Office]

112th Congress                                            Rept. 112-717
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
 DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2012

                                _______
                                

               December 20, 2012.--Ordered to be printed

                                _______
                                

    Mr. King of New York, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 3116]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3116) to authorize certain programs of the 
Department of Homeland Security, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................    78
Background and Need for Legislation..............................    79
Hearings.........................................................    80
Committee Consideration..........................................    86
Committee Votes..................................................    98
Committee Oversight Findings.....................................   111
New Budget Authority, Entitlement Authority, and Tax Expenditures   111
Congressional Budget Office Estimate.............................   111
Statement of General Performance Goals and Objectives............   111
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................   112
Federal Mandates Statement.......................................   112
Preemption Clarification.........................................   112
Advisory Committee Statement.....................................   112
Applicability to Legislative Branch..............................   113
Section-by-Section Analysis of the Legislation...................   113
Changes in Existing Law Made by the Bill, as Reported............   162
Committee Correspondence.........................................   245
Minority Views...................................................   247

                               Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Department of Homeland Security 
Authorization Act for Fiscal Year 2012''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Amendment references.

              TITLE I--POLICY, MANAGEMENT, AND EFFICIENCY

Sec. 101. Under Secretary for Policy.
Sec. 102. Countering homegrown radicalization and violent Islamist 
extremism.
Sec. 103. Direct line authority for Chief Operating Officers.
Sec. 104. Department of Homeland Security International Affairs Office.
Sec. 105. Assistant Secretary for Health Affairs.
Sec. 106. Department of Homeland Security reorganization authority.
Sec. 107. Repeal of Office of Domestic Preparedness.
Sec. 108. Quadrennial homeland security review.
Sec. 109. Development of explosives detection canine standards.
Sec. 110. Development of a balanced workforce.
Sec. 111. Danger pay allowances for employees of the Department of 
Homeland Security.
Sec. 112. FLETC reporting requirements on counter-violent extremism 
training.
Sec. 113. Future-years homeland security program.
Sec. 114. Cost of submissions to Congress.
Sec. 115. Protection of name, initials, insignia, and seal.
Sec. 116. Office of Policy.
Sec. 117. Federal vacancy compliance.
Sec. 118. Electronic submissions.
Sec. 119. Chief information officer.
Sec. 120. Cost savings and efficiency reviews.

      TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION POLICY

Sec. 201. Department of Homeland Security acquisitions and procurement 
review.
Sec. 202. Capabilities and Requirements Council.
Sec. 203. Acquisition authorities for the Under Secretary for 
Management.
Sec. 204. Acquisition Professional Career Program.
Sec. 205. Strategic plan for acquisition workforce.
Sec. 206. Notification to Congress of major awards.
Sec. 207. Independent verification and validation.
Sec. 208. Other transaction authority.
Sec. 209. Report on competition.
Sec. 210. Buy American requirement imposed on Department of Homeland 
Security; exceptions.
Sec. 211. Strategic sourcing for marine and aviation assets.
Sec. 212. Strategic sourcing for detection and screening technology.
Sec. 213. Special emergency procurement authority for domestic 
emergency operations.
Sec. 214. Software licensing.
Sec. 215. Financial management.

        TITLE III--INFORMATION SHARING AND INTELLIGENCE ANALYSIS

Sec. 301. Department of Homeland Security National Network of Fusion 
Centers Initiative.
Sec. 302. Homeland security information sharing networks development.
Sec. 303. Authority for flexible personnel management at the Department 
of Homeland Security Intelligence elements.
Sec. 304. Support and oversight of fusion centers.
Sec. 305. Audit on privacy and civil liberties and update on privacy 
and civil liberties impact assessments.

                    TITLE IV--9/11 REVIEW COMMISSION

Sec. 401. Short title.
Sec. 402. Establishment.
Sec. 403. Purposes of the 9/11 Review Commission.
Sec. 404. Composition of the 9/11 Review Commission.
Sec. 405. Authority of 9/11 Review Commission.
Sec. 406. Compensation.
Sec. 407. Appointment of staff.
Sec. 408. Security clearances for Commission members and staff.
Sec. 409. Nonapplicability of Federal Advisory Committee Act.
Sec. 410. Reports of 9/11 Review Commission.
Sec. 411. Funding.

                   TITLE V--PREPAREDNESS AND RESPONSE

               Subtitle A--WMD Preparedness and Response

Sec. 501. Homeland Security Biodefense Strategy.
Sec. 502. Weapons of mass destruction intelligence and information 
sharing.
Sec. 503. Risk assessments.
Sec. 504. Individual and community preparedness.
Sec. 505. Detection of biological threats.
Sec. 506. Rapid biological threat detection and identification at ports 
of entry.
Sec. 507. Communications planning.
Sec. 508. Response guidelines concerning weapons of mass destruction.
Sec. 509. Plume modeling.
Sec. 510. Disaster recovery.

                           Subtitle B--Grants

Sec. 521. Sense of Congress.
Sec. 522. Use of grant funds for projects conducted in conjunction with 
a national laboratory or research facility.
Sec. 523. Notification of homeland security grant awards.
Sec. 524. Transparency in homeland security grant funding.
Sec. 525. Metropolitan Medical Response System.
Sec. 526. Transit security grant program.
Sec. 527. Prioritization.
Sec. 528. Transportation security grant program study.
Sec. 529. Interagency grants working group.

                       Subtitle C--Communications

Sec. 541. Sense of Congress regarding interoperability.
Sec. 542. Roles and responsibilities with respect to policy and 
guidance for communications-related expenditures with grant funds.
Sec. 543. Integrated public alert and warning system modernization.

               Subtitle D--Broadband for First Responders

Sec. 561. Allocation and assignment of public safety licenses.
Sec. 562. Standards.
Sec. 563. Rule of construction.
Sec. 564. Funding.
Sec. 565. Public safety interoperable broadband network construction.
Sec. 566. Public safety interoperable broadband maintenance and 
operation.
Sec. 567. Audits.
Sec. 568. Auction of spectrum to fund the interoperable broadband 
network construction fund and the operation and maintenance fund.
Sec. 569. Extension of auction authority and assurance of open 
auctions.
Sec. 570. Definitions.

                  Subtitle E--Miscellaneous Provisions

Sec. 581. Audit of the National Level Exercise.
Sec. 582. FEMA report to Congress on sourcing and distribution of 
disaster response goods and services.
Sec. 583. Rural resilience initiative.
Sec. 584. National Domestic Preparedness Consortium.
Sec. 585. Technical correction.
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.
Sec. 587. Conforming amendment.
Sec. 588. Delegation of authorities to the regional offices review.
Sec. 589. Lessons learned for national level exercises.
Sec. 590. System assessment and validation for emergency responders.
Sec. 591. National Transportation Security Center of Excellence.
Sec. 592. Mental health counseling for disaster victims.
Sec. 593. Effectiveness of certain disaster preparation.

                  TITLE VI--BORDER SECURITY PROVISIONS

Sec. 601. Definitions.
Sec. 602. Strategy to achieve operational control of the border.
Sec. 603. Maintaining Border Patrol staffing.
Sec. 604. Jaime Zapata Border Enforcement Security Task Force.
Sec. 605. Cost-effective training for Border Patrol agents.
Sec. 606. Prohibition on impeding certain activities of U.S. Customs 
and Border Protection related to border security.
Sec. 607. Border security infrastructure and technology.
Sec. 608. Northern border canine teams.
Sec. 609. Unmanned vehicles pilot program.
Sec. 610. Report on unmanned aerial vehicles.
Sec. 611. Student visa security improvement.
Sec. 612. Asia-Pacific Economic Cooperation Business Travel Cards.
Sec. 613. Border crossing documentation.
Sec. 614. Internal review of adequacy of U.S. Customs and Border 
Protection in busiest international airports.
Sec. 615. Port security grant program.
Sec. 616. Port security grant funding for mandated security personnel.
Sec. 617. Securing the TWIC against use by unauthorized aliens.
Sec. 618. Small vessel threat analysis.
Sec. 619. Customs and Border Protection professionalism and 
transparency.
Sec. 620. Sense of Congress regarding deployment of additional UAV.
Sec. 621. Report on status of unobligated balances in U.S. Customs and 
Border Protection Customs User Fee Account.
Sec. 622. Outbound inspections.
Sec. 623. Deporting criminal aliens.
Sec. 624. Establishment of Immigration and Customs Enforcement.
Sec. 625. Report on drug cartels.
Sec. 626. Increase in unmanned aerial vehicles.
Sec. 627. Border Area Security Initiative.
Sec. 628. Foreign terrorist organizations.
Sec. 629. Border Condition Index.
Sec. 630. Sense of Congress.
Sec. 631. Issuance of visas at designated diplomatic and consular 
posts.
Sec. 632. Private-public partnership for land port of entry project.
Sec. 633. Report to Congress on Immigration Advisory Program.
Sec. 634. Coast Guard deployable special forces assets.
Sec. 635. Implementation of US-VISIT biometric exit.
Sec. 636. Coordination with the Transportation Security Administration 
on Risk-Based Screening of Aviation Passengers.
Sec. 637. Enhanced customer service standards and professionalism 
training.

                   TITLE VII--SCIENCE AND TECHNOLOGY

           Subtitle A--Directorate of Science and Technology

Sec. 701. Directorate of Science and Technology strategic plan.
Sec. 702. 5-year research and development plan.
Sec. 703. Identification and prioritization of research and development 
requirements.
Sec. 704. Research and development progress.
Sec. 705. Acquisition and operations support.
Sec. 706. Operational Test and Evaluation.
Sec. 707. Availability of testing facilities and equipment.
Sec. 708. Bioforensics capabilities.
Sec. 709. Homeland Security Science and Technology Fellows Program.
Sec. 710. Homeland Security Science and Technology Advisory Committee.
Sec. 711. Federally funded research and development centers.
Sec. 712. Criteria for designation as a university-based center for 
homeland security.
Sec. 713. Authority for flexible personnel management at the Science 
and Technology Directorate.
Sec. 714. Independent testing and evaluation of homeland security 
detection technologies.
Sec. 715. Northern border unmanned aerial vehicle pilot project.

             Subtitle B--Domestic Nuclear Detection Office

Sec. 721. Radiological and nuclear detection and countermeasures 
research, development, testing, and evaluation.
Sec. 722. Domestic implementation of the global nuclear detection 
architecture.
Sec. 723. Radiation portal monitor alternatives.
Sec. 724. Contracting and grantmaking authorities.
Sec. 725. Domestic nuclear detection implementation plan.
Sec. 726. Science and technology fellows program outreach.
Sec. 727. Buy American requirement for information technology.
Sec. 728. University-based centers.
Sec. 729. Review of university-based centers.

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

Sec. 801. Short title.
Sec. 802. Amendment to the Homeland Security Act of 2002.

                        TITLE IX--MISCELLANEOUS

Sec. 901. Redesignation and movement of miscellaneous provisions.
Sec. 902. Guidance to and coordination with local educational and 
school districts.
Sec. 903. Federal law enforcement training opportunities for local law 
enforcement personnel with responsibilities for securing ports.
Sec. 904. Security gaps at drinking water and wastewater treatment 
facilities.
Sec. 905. Guidance and coordination for outreach to people with 
disabilities during emergencies.
Sec. 906. TWIC process reform.
Sec. 907. Report on progress toward conducting security vulnerability 
assessments at airports in the United States.
Sec. 908. Regulation of the sale and transfer of ammonium nitrate.
Sec. 909. Sense of Congress on inclusion of the Western Hemisphere in 
the 2012 National Strategy for Counterterrorism's ``Area of Focus''.

SEC. 3. DEFINITIONS.

  In this Act:
          (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.
          (2) Department.--The term ``Department'' means the Department 
        of Homeland Security.
          (3) Function.--The term ``function'' includes authorities, 
        powers, rights, privileges, immunities, programs, projects, 
        activities, duties, and responsibilities.
          (4) Local government.--The term ``local government'' means--
                  (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;
                  (B) an Indian tribe or authorized tribal 
                organization, or in Alaska a Native village or Alaska 
                Regional Native Corporation; and
                  (C) a rural community, unincorporated town or 
                village, or other public entity.
          (5) Personnel.--The term ``personnel'' means officers and 
        employees.
          (6) Secretary.--The term ``Secretary'' means the Secretary of 
        Homeland Security.
          (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.
          (8) Terrorism.--The term ``terrorism'' means any activity 
        that--
                  (A) involves an act that--
                          (i) is dangerous to human life or potentially 
                        destructive of critical infrastructure or key 
                        resources; and
                          (ii) is a violation of the criminal laws of 
                        the United States or of any State or other 
                        subdivision of the United States; and
                  (B) appears to be intended--
                          (i) to intimidate or coerce a civilian 
                        population;
                          (ii) to influence the policy of a government 
                        by intimidation or coercion; or
                          (iii) to affect the conduct of a government 
                        by mass destruction, assassination, or 
                        kidnapping.
          (9) United states.--
                  (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.
                  (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.

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.).

              TITLE I--POLICY, MANAGEMENT, AND EFFICIENCY

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--
          (1) redesignating section 601 (6 U.S.C. 331) as section 890A 
        and transferring that section to appear immediately after 
        section 890; and
          (2) striking the heading for title VI and inserting the 
        following:

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

``SEC. 601. UNDER SECRETARY FOR POLICY.

  ``(a) In General.--There shall be in the Department an Under 
Secretary for Policy, who shall be appointed by the President, by and 
with the advice and consent of the Senate.
  ``(b) Responsibilities.--Subject to the direction and control of the 
Secretary, the Under Secretary for Policy shall--
          ``(1) serve as a principal policy advisor to the Secretary;
          ``(2) supervise policy development for the programs, offices, 
        and activities of the Department;
          ``(3) establish and direct a formal policymaking process for 
        the Department;
          ``(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;
          ``(5) conduct long-range, risk-based, strategic planning for 
        the Department, including overseeing each quadrennial homeland 
        security review required under section 707;
          ``(6) coordinate policy development undertaken by the 
        component agencies and offices of the Department; and
          ``(7) carry out such other functions as the Secretary 
        determines are appropriate, consistent with this section.''.
  (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:

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

``Sec. 601. Under Secretary for Policy.''.

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

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:

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

  ``(a) In General.--The Department's Chief Operating Officers shall 
include--
          ``(1) the Chief Financial Officer;
          ``(2) the Chief Procurement Officer;
          ``(3) the Chief Information Officer;
          ``(4) the Chief Human Capital Officer;
          ``(5) the Chief Administrative Officer; and
          ``(6) the Chief Security Officer.
  ``(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--
          ``(1) the activities of personnel;
          ``(2) planning, operations, and training; and
          ``(3) the budget and other financial resources.
  ``(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.''.
  (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:

``Sec. 602. Direct line authority for Chief Operating Officers.''.

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:

``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.
  ``(b) Responsibilities of the Assistant Secretary.--The Assistant 
Secretary for International Affairs shall--
          ``(1) 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;
          ``(2) advise, inform, and assist the Secretary, in 
        consultation with overseas Department personnel, on strategies, 
        foreign policy matters, and Department international programs;
          ``(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;
          ``(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 and monitor the ability of Department's 
        components to comply with implementation;
          ``(5) develop and distribute guidance on Department policy 
        priorities for overseas functions to personnel deployed 
        overseas that, at a minimum, sets forth the regional and 
        national priorities being advanced by their deployment;
          ``(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;
          ``(7) 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 to ensure that Department personnel deployed abroad 
        have proper resources and receive adequate and timely support;
          ``(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;
          ``(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
          ``(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.
  ``(c) Responsibilities of the Components of the Department.--
          ``(1) Notice of foreign negotiations.--All components of the 
        Department shall coordinate 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.
          ``(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.
  ``(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.
  ``(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.''.

SEC. 105. ASSISTANT SECRETARY FOR HEALTH AFFAIRS.

  Section 516 of the Homeland Security Act of 2002 (6 U.S.C. 321e) is 
amended--
          (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
          (2) in subsection (c)--
                  (A) in paragraph (6), by striking ``and'' after the 
                semicolon at the end;
                  (B) by redesignating paragraph (7) as paragraph (10); 
                and
                  (C) by inserting after paragraph (6) the following:
          ``(7) ensuring that the workforce of the Department has 
        science-based policy, standards, requirements, and metrics for 
        occupational safety and health;
          ``(8) providing medical expertise for the components of the 
        Department with respect to prevention, preparedness, 
        protection, response, and recovery for medical and public 
        health matters;
          ``(9) working in conjunction with appropriate entities of the 
        Department and other appropriate Federal agencies to develop 
        guidance for prevention, preparedness, protection, response, 
        and recovery from catastrophic events with human, animal, and 
        agricultural health consequences; and''.

SEC. 106. DEPARTMENT OF HOMELAND SECURITY REORGANIZATION AUTHORITY.

  Section 872 of the Homeland Security Act of 2002 (6 U.S.C. 452) is 
amended--
          (1) in subsection (a), by striking ``only'' and all that 
        follows through ``(2) after'' and inserting ``only after''; and
          (2) by striking subsection (b) and inserting the following:
  ``(b) Limitations on Other Reorganization Authority.--
          ``(1) In general.--Authority under subsection (a) shall not 
        extend to the discontinuance, abolition, substantial 
        consolidation, alteration, or transfer of any agency, entity, 
        organizational unit, program, or function established or 
        required to be maintained by statute.
          ``(2) Exception.--
                  ``(A) In general.--Notwithstanding paragraph (1), if 
                the President determines it to be necessary because of 
                an imminent threat to homeland security, a function, 
                power, or duty vested by law in the Department, or an 
                officer, official, or agency thereof, may be 
                transferred, reassigned, or consolidated within the 
                Department.
                  ``(B) Notice.--Not later than 30 days after the date 
                on which the President makes a transfer, reassignment, 
                or consolidation under subparagraph (A), the President 
                shall notify the appropriate congressional committees 
                of the transfer, reassignment, or consolidation.
                  ``(C) Duration.--A transfer, reassignment, or 
                consolidation under subparagraph (A) shall remain in 
                effect only until the President determines that the 
                threat to homeland security has terminated or is no 
                longer imminent.
  ``(c) Publication.--Not later than 30 days after the date on which 
the President or the Secretary makes a transfer, allocation, 
assignment, consolidation, alteration, establishment, or discontinuance 
under this section, the President or the Secretary shall publish in the 
Federal Register--
          ``(1) the reasons for the action taken; and
          ``(2) a list of each statutory provision implicated by the 
        action.
  ``(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.''.

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).
  (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.

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--
          (1) in subsection (a)--
                  (A) in paragraph (1), by striking ``fiscal year 
                2009'' and inserting ``calendar year 2013''; and
                  (B) in paragraph (3), by striking ``The Secretary 
                shall conduct each quadrennial homeland security review 
                under this subsection'' and inserting ``In order to 
                ensure that each quadrennial homeland security review 
                conducted under this section is coordinated with the 
                quadrennial defense review conducted by the Secretary 
                of Defense under section 118 of title 10, United States 
                Code, and any other major strategic review relating to 
                diplomacy, intelligence, or other national security 
                issues, the Secretary shall conduct each quadrennial 
                homeland security review''; and
          (2) by striking subsections (b), (c), and (d) and inserting 
        the following:
  ``(b) Scope of Review and Report.--
          ``(1) In general.--In each quadrennial homeland security 
        review, the Secretary shall--
                  ``(A) examine the homeland security aspects of the 
                security environment of the Nation, including existing 
                and potential homeland security threats and challenges, 
                and the effect of laws, Presidential directives, 
                national strategies, and other relevant guidance 
                documents in meeting existing and potential homeland 
                security threats and challenges;
                  ``(B) review the capabilities and capacities across 
                the homeland security enterprise, and the roles of 
                executive agencies, States, local governments, Indian 
                tribes, and private entities in providing those 
                capabilities and capacities;
                  ``(C) evaluate and prioritize the homeland security 
                mission areas of the Nation and associated goals and 
                objectives, and recommend any necessary revisions to 
                the mission areas, goals, and objectives as 
                appropriate;
                  ``(D) examine whether the capabilities and capacities 
                across the homeland security enterprise should be 
                adjusted based on any proposed modifications to the 
                mission areas, goals, or objectives;
                  ``(E) identify additional capabilities and capacities 
                that may be needed across the homeland security 
                enterprise in response to potential homeland security 
                threats and challenges, and the resources required to 
                provide the capabilities and capacities;
                  ``(F) identify redundant, wasteful, or unnecessary 
                capabilities and capacities where resources can be 
                redirected to support capabilities and capacities 
                identified under subparagraph (E);
                  ``(G) evaluate the organization, organizational 
                structure, governance structure, and business processes 
                (including acquisition processes) of the Department, as 
                they relate to the ability of the Department to meet 
                the responsibilities of the Department; and
                  ``(H) review any other matter the Secretary considers 
                appropriate.
          ``(2) Report.--During the year following the year in which a 
        quadrennial homeland security review is conducted, and not 
        later than the date on which the budget of the President for 
        the next fiscal year is submitted to Congress under section 
        1105(a) of title 31, United States Code, the Secretary shall--
                  ``(A) submit to the appropriate congressional 
                committees a report--
                          ``(i) describing the process used in 
                        conducting the quadrennial homeland security 
                        review and explaining any underlying 
                        assumptions used in conducting the quadrennial 
                        homeland security review;
                          ``(ii) describing the findings and 
                        conclusions of the review, including findings 
                        and conclusions relating to each issue 
                        addressed under subparagraphs (A) through (H) 
                        of paragraph (1);
                          ``(iii) detailing any proposed revisions to 
                        the national homeland security strategy, 
                        including any proposed revisions to the 
                        homeland security missions, capabilities and 
                        capacities, goals, or objectives of the Nation;
                          ``(iv) 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;
                          ``(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
                          ``(vi) describing any other matter the 
                        Secretary considers appropriate; and
                  ``(B) consistent with the protection of national 
                security and other sensitive matters, make the report 
                required under subparagraph (A) publicly available on 
                the website of the Department; and
                  ``(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.''.
  (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by striking the item relating to section 707 and 
inserting the following:

``Sec. 707. Quadrennial homeland security review.''.

SEC. 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:
  ``(c) Explosives Detection Canine Accreditation and Minimum 
Certification Standards.--
          ``(1) In general.--To assist in the Department's 
        counterterrorism mission, the Secretary shall--
                  ``(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
                  ``(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.
          ``(2) Included canines and handlers.--The canines and 
        handlers referred to in paragraph (1) include--
                  ``(A) canines that are not bred by the Department;
                  ``(B) canines and handlers that are not trained by 
                the Department; and
                  ``(C) canine and handlers that are obtained by the 
                Department by contract, or funded by the Department by 
                grant or otherwise.
          ``(3) Recommendations.--
                  ``(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.
                  ``(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.
                  ``(C) Review and revision.--After provision of the 
                recommendations, the panel shall meet no less than 
                biennially to review and revise the recommendations.
          ``(4) Authorization of appropriations.--To carry out this 
        subsection there is authorized to be appropriated $300,000 for 
        fiscal year 2012.''.
  (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.

SEC. 110. DEVELOPMENT OF A BALANCED WORKFORCE.

  (a) Component Strategies.--Each component of the Department shall 
coordinate with the Chief Human Capital Officer of the Department to 
develop its own 5-year workforce strategy that will support the 
Department's goals, objectives, and performance measures for 
determining the proper balance of Federal employees and private labor 
resources.
  (b) Strategy Requirements.--The Chief Human Capital Officer shall 
ensure that in the development of the strategy required by subsection 
(a) for a component the head of the component reports to the Chief 
Human Capital Officer on the human resources considerations associated 
with creating additional Federal full-time equivalent positions, 
converting private contractors to Federal employees, or relying on the 
private sector for goods and services, including--
          (1) hiring projections, including occupation and grade level, 
        as well as corresponding salaries, benefits, and hiring or 
        retention bonuses;
          (2) the identification of critical skills requirements over 
        the 5-year period, any current or anticipated deficiency in 
        critical skills required at the Department, and the training or 
        other measures required to address those deficiencies in 
        skills;
          (3) recruitment of qualified candidates and retention of 
        qualified employees;
          (4) supervisory and management requirements;
          (5) travel and related personnel support costs;
          (6) the anticipated cost and impact on mission performance 
        associated with replacing Federal personnel due to their 
        retirement or other attrition; and
          (7) other appropriate factors.
  (c) Annual Submission.--The Department shall provide to the 
appropriate congressional committees, together with submission of the 
annual budget justification, information on the progress within the 
Department of fulfilling the workforce strategies required under 
subsection (a).

SEC. 111. DANGER PAY ALLOWANCES FOR EMPLOYEES OF THE DEPARTMENT OF 
                    HOMELAND SECURITY.

  Section 151 of the Foreign Relations Authorization Act, Fiscal Years 
1990 and 1991 (Public Law 101 09246; 5 U.S.C. 5928 note) is amended by 
striking ``Drug Enforcement Administration or Federal Bureau of 
Investigations'' and inserting ``Drug Enforcement Administration, 
Federal Bureau of Investigation, or the Department of Homeland 
Security''.

SEC. 112. FLETC REPORTING REQUIREMENTS ON COUNTER-VIOLENT EXTREMISM 
                    TRAINING.

  Prior to offering or implementing any program, including any pilot 
program, intended to provide training on increasing awareness relating 
to and countering violent Islamist extremism, the Director of the 
Federal Law Enforcement Training Center (FLETC) shall submit to the 
appropriate congressional committees the following:
          (1) The classified case study information that the Department 
        provided to the National Consortium for the Study of Terrorism 
        and Responses to Terrorism regarding the radicalization process 
        for the goal of violent extremism.
          (2) A detailed description of the training that FLETC intends 
        to implement as part of the program, including all training 
        materials that are being distributed as part of the program.
          (3) An identification of the executive agency or agencies 
        that participated in the development of the training.
          (4) A description of what qualifications will be required for 
        instructors to provide the training, including--
                  (A) whether the instructor has counterterrorism or 
                intelligence experience; and
                  (B) the degree of the instructor's knowledge and 
                expertise on Al Qaeda and radicalization.
          (5) An estimate of the amount of funds the Department will 
        expend for any such program, including a plan for such 
        expenditures and specification of the existing programs from 
        which the funds will be drawn.

SEC. 113. FUTURE-YEARS HOMELAND SECURITY PROGRAM.

  (a) In General.--Section 874 of the Homeland Security Act of 2002 (6 
U.S.C. 454) is amended to read as follows:

``SEC. 874. FUTURE-YEARS HOMELAND SECURITY PROGRAM.

  ``(a) In General.--Not later than the 30 days following the date of 
each fiscal year on which the budget of the President is submitted to 
Congress under section 1105(a) of title 31, United States Code, the 
Secretary shall submit to the appropriate congressional committees a 
future-years homeland security program that provides detailed estimates 
of the projected expenditures and corresponding requests for 
appropriations included in that budget. The future-years homeland 
security program shall cover the fiscal year for which the budget is 
submitted as well as the four succeeding fiscal years.
  ``(b) Consistency of Budget Request With Estimates of Necessary 
Expenditures and Appropriations.--For each fiscal year, the Secretary 
shall endeavor to ensure that the projected amounts specified in 
program and budget information submitted to Congress in support of the 
President's budget request are consistent with the estimates for 
expenditures and proposed appropriations necessary to support the 
programs, projects, and activities of the Department included in the 
budget pursuant to section 1105(a) (5) of title 31, United States Code.
  ``(c) Explanation of Alignment With Strategies and Plans.--Together 
with the detailed estimates of the projected expenditures and 
corresponding requests for appropriations submitted for the future 
years homeland security program, the Secretary shall provide an 
explanation of how those estimates and requests align with the homeland 
security strategies and plans developed and updated as appropriate by 
the Secretary.
  ``(d) Projection of Acquisition Estimates.--Each futures year 
homeland security funding program shall project acquisition estimates 
for a period of 5 fiscal years, with specified estimates for each 
fiscal year, for all technology acquisitions within the Department and 
each component therein, including refresh and sustainment expenses, as 
well as the annual deployment schedule of any acquisition with a total 
cost over the 5-fiscal-year period estimated to exceed $50,000,000.
  ``(e) Contingency Amounts.--Nothing in this section shall be 
construed as prohibiting the inclusion in the future-years homeland 
security program of amounts for management contingencies, subject to 
the requirements of subsection (b).
  ``(f) Availability of Information to the Public.--The Secretary shall 
make available to the public in electronic form the information 
required to be submitted to Congress under this section, except those 
portions that are deemed to be classified in nature under the 
parameters of section 537 of the Department of Homeland Security 
Appropriations Act, 2006 (6 U.S.C. 114).''.
  (b) 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:

``Sec. 874. Future-years homeland security program.''.

SEC. 114. COST OF SUBMISSIONS TO CONGRESS.

  Beginning on the date that is 90 days after the date of the enactment 
of this Act, the Secretary shall include at the front of each plan, 
report, strategy, or other written material provided to the appropriate 
congressional committees pursuant to a congressional mandate, 
information on the costs and the number of full-time equivalent (FTE) 
personnel required for complying with the mandate to the greatest 
extent practical. If the Secretary deems that it is not practical, the 
Secretary shall instead provide an explanatory statement delineating 
why the information cannot be provided.

SEC. 115. PROTECTION OF NAME, INITIALS, INSIGNIA, AND SEAL.

  (a) In General.--Section 875 of the Homeland Security Act of 2002 (6 
U.S.C. 455) is amended by adding at the end the following new 
subsection:
  ``(d) Protection of Name, Initials, Insignia, and Seal.--
          ``(1) Protection.--Except with the written permission of the 
        Secretary, no person may knowingly use, in connection with any 
        advertisement, commercial activity, audiovisual production 
        (including, but not limited to, film or television production), 
        impersonation, Internet domain name, Internet e-mail address, 
        or Internet web site, merchandise, retail product, or 
        solicitation in a manner reasonably calculated to convey the 
        impression that the Department of Homeland Security or any 
        organizational element of the Department has approved endorsed, 
        or authorized such use, any of the following (or any colorable 
        imitation thereof):
                  ``(A) the words `Department of Homeland Security', 
                the initials `DHS', or the insignia seal of the 
                Department; or
                  ``(B) any `DHS visual identities' meaning DHS or DHS 
                Component name, initials, seal, insignia, trade or 
                certification marks of DHS or any DHS Component or any 
                combination, variation, or colorable imitation of 
                indicia alone or in combination with other words to 
                convey the impression of affiliation, connection, 
                approval, or endorsement by DHS or any DHS component; 
                or
                  ``(C) the name, initials, insignia, or seal of any 
                organizational element/component (including any former 
                such element/component) of the Department.
          ``(2) Civil proceedings.--Whenever it appears to the Attorney 
        General that any person is engaged or is about to engage in an 
        act or practice which constitutes or will constitute conduct 
        prohibited by subsection (d)(1), the Attorney General may 
        initiate a civil proceeding in a district court of the United 
        State to enjoin such at or practice. Such court shall proceed 
        as soon as practicable to the hearing and determination of such 
        action and may, at any time before final determination, enter 
        such retraining orders or prohibitions, or take such other 
        actions as is warranted, to prevent injury to the United State 
        or to any person or class of persons for whose protection the 
        act is brought.
          ``(3) Definition.--For the purpose of this subsection, the 
        term `audiovisual production' means the production of a work 
        that consists of a series of related images which are 
        intrinsically intended to be shown by the use of machines or 
        devices such as projectors, viewers, or electronic equipment, 
        together with accompanying sounds, if any, regardless of the 
        nature of the material objects, such as films or taps, in which 
        the work is embodied.''.
  (b) Penalties.--Section 709 of title 18, United States Code, is 
amended by inserting after ``authorized by the Federal Bureau of 
Investigation; or'' the following new paragraph:
  ``Whoever, except with the written permission of the Secretary of the 
Department of Homeland Security, knowingly uses the words ``Department 
of Homeland Security,'' the initials ``DHS,'' or any colorable 
imitation of such words or initials, or the words, initials, seals, or 
colorable imitations relating to any subcomponents thereof, in 
connection with any advertisement, circular, book, pamphlet or other 
publication, play, motion picture, broadcast, telecast, or other 
production, in a manner reasonably calculated to convey the impression 
that such advertisement, circular, book, pamphlet or other publication, 
play, motion picture, broadcast telecast, or other production, is 
approved, endorsed, or authorized by the Department of Homeland 
Security; or''.

SEC. 116. OFFICE OF POLICY.

  (a) In General.--Title VI of the Homeland Security Act of 2002 (6 
U.S.C. 201 et seq.) is further amended by inserting after section 602 
the following:

``SEC. 603. OFFICE OF POLICY.

  ``(a) Establishment.--There is established in the Department the 
Office of Policy, to be headed by the Under Secretary for Policy as 
authorized under the Department of Homeland Security Authorization Act 
for Fiscal Year 2012.
  ``(b) Functions of the Office of Policy.--The Office of Policy 
shall--
          ``(1) develop Department policies, programs, and planning, 
        consistent with the quadrennial homeland security review, to 
        promote and ensure quality, consistency, and integration for 
        the programs, offices, and activities of the Department across 
        all homeland security missions;
          ``(2) develop and articulate the long-term strategic view of 
        the Department and translate the Secretary's strategic 
        priorities into capstone planning products that drive increased 
        operational effectiveness through integration, prioritization, 
        and resource allocation;
          ``(3) lead Departmental international engagement and 
        activities;
          ``(4) represent the Department position to other Federal 
        Agencies and the President; and
          ``(5) coordinate with policy officials in Departmental 
        components to ensure the effective and efficient implementation 
        of policy.''.
  (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 602 the following:

``Sec. 603. Office of Policy.''.

SEC. 117. FEDERAL VACANCY COMPLIANCE.

  For a position at the Department that is subject to sections 3345 
through 3349d of title 5, United States Code (referred to as the 
``Vacancies Reform Act of 1998''), the Secretary shall notify the 
appropriate congressional committees of any position held by an 
individual on a temporary or acting basis for 210 days. Such 
notification shall include--
          (1) the duration of the vacancy as of the date of the 
        notification;
          (2) information on whether a nomination to fill the vacancy 
        is pending before the Senate and, if so, the status of that 
        nomination within the Senate; and
          (3) what actions, if any, the Secretary intends to take to 
        bring the Department in compliance with such sections.

SEC. 118. ELECTRONIC SUBMISSIONS.

  Beginning on the date that is 90 days after the date of the enactment 
of this Act, the Secretary shall, to the greatest extent practicable, 
submit each plan, report, strategy, or other written material provided 
to the appropriate congressional committees pursuant to a congressional 
mandate in an electronic format.

SEC. 119. CHIEF INFORMATION OFFICER.

  Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is 
amended--
          (1) by redesignating subsection (b) as subsection (c); and
          (2) by inserting after subsection (a) the following:
  ``(b) Responsibilities.--The Chief Information Officer shall--
          ``(1) advise and assist the Secretary, heads of the 
        components of the Department, and other senior officers in 
        carrying out the responsibilities of the Department for all 
        activities relating to the programs and operations of the 
        information technology functions of the Department;
          ``(2) establish the information technology priorities, 
        policies, processes, standards, guidelines, and procedures of 
        the Department;
          ``(3) coordinate and ensure implementation of information 
        technology priorities, policies, processes, standards, 
        guidelines, and procedures within the Department;
          ``(4) be responsible for information technology capital 
        planning and investment management in accordance with sections 
        11312 and 11313 of title 40, United States Code;
          ``(5) in coordination with the Chief Procurement Officer of 
        the Department, assume responsibility for information systems 
        acquisition, development, and integration as required by 
        section 11312 of title 40, United States Code;
          ``(6) in coordination with the Chief Procurement Officer of 
        the Department, review and approve any information technology 
        acquisition with a total value greater than a threshold level 
        to be determined by the Secretary;
          ``(7) in coordination with relevant officials of the 
        Department, ensure that information technology systems meet the 
        standards established under the information sharing 
        environment, as defined in section 1016 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);
          ``(8) perform other responsibilities required under section 
        3506 of title 44, United States Code, and section 11315 of 
        title 40, United States Code; and
          ``(9) perform such other responsibilities as the Secretary 
        may prescribe.''.

SEC. 120. COST SAVINGS AND EFFICIENCY REVIEWS.

  The Secretary, acting through the Under Secretary for Management of 
the Department, shall submit to the appropriate congressional 
committees the following:
          (1) A report that provides a detailed accounting of the 
        management and administrative expenditures and activities of 
        the components of the Department and identifies potential cost 
        savings and efficiencies for those expenditures and activities 
        of each component of the Department.
          (2) The findings of a study that examines the size, 
        experience level, and geographic distribution of the 
        operational personnel of the Department, including U.S. Customs 
        and Border Protection officers, Border Patrol agents, U.S. 
        Customs and Border Protection Air and Marine agents, U.S. 
        Customs and Border Protection Agriculture Specialists, Federal 
        Protective Service Law Enforcement Security Officers, U.S. 
        Immigration and Customs Enforcement agents, Transportation 
        Security Officers, Federal air marshals, and members of the 
        Coast Guard, and recommendations for adjustments that would 
        reduce deficiencies in the Department's capabilities, reduce 
        costs, and enhance efficiencies.

      TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION POLICY

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:

``SEC. 708. DEPARTMENT ACQUISITIONS AND PROCUREMENT REVIEW.

  ``(a) In General.--The Secretary shall review the proposed 
acquisitions and procurements by the Department.
  ``(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.
  ``(c) Acquisition Review Board.--
          ``(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).
          ``(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.
          ``(3) Subordinate boards and councils.--The Secretary may 
        establish subordinate boards and councils to support the 
        Acquisition Review Board.
  ``(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.
  ``(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.
  ``(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.''.
  (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).
  (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:

``Sec. 708. Department acquisitions and procurement review.''.

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:

``SEC. 709. CAPABILITIES AND REQUIREMENTS COUNCIL.

  ``(a) Establishment.--There is established a Capabilities and 
Requirements Council in the Department.
  ``(b) Mission.--The Capabilities and Requirements Council shall 
provide recommendations and assistance to the Secretary for the 
following:
          ``(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.
          ``(2) Harmonizing common investments and requirements across 
        Department organizational elements.
          ``(3) Reviewing the mission need associated with each 
        proposed investment or acquisition requirement identified under 
        paragraph (1).
          ``(4) Reviewing major investments across the Department to 
        ensure consistency with homeland security strategic goals and 
        objectives.
          ``(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).
          ``(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).
          ``(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.
          ``(8) Proposing schedules for delivery of the operational 
        capability needed to meet each homeland security requirement 
        identified under paragraph (1).
          ``(9) Identifying alternatives to any acquisition program 
        that meet homeland security requirements identified under 
        paragraph (1).
          ``(10) Providing recommendations to the Acquisition Review 
        Board established under section 708.
          ``(11) Performing any other duties established by the 
        Secretary.
  ``(c) Composition.--The Capabilities and Requirements Council is 
composed of--
          ``(1) the Under Secretary for Management of the Department, 
        who shall act as the Chairman of the Council; and
          ``(2) appropriate representatives from the components and 
        organizational elements of the Department, as determined by the 
        Secretary.
  ``(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).''.
  (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:

``Sec. 709. Capabilities and Requirements Council.''.

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--
          (1) in subsection (a)(2), by striking ``Procurement'' and 
        inserting ``Acquisition, as provided in subsection (d)''; and
          (2) by adding at the end the following:
  ``(d) Acquisition and Related Responsibilities.--
          ``(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--
                  ``(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;
                  ``(B) directing all of the Department's components 
                with regard to the Under Secretary's responsibility 
                under this subsection;
                  ``(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;
                  ``(D) establishing policies for logistics, 
                maintenance, and sustainment support for all components 
                of the Department;
                  ``(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
                  ``(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.
          ``(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.''.
  (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--
          (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;
          (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 or time delays;
          (3) ensure regular communication with and support from State 
        and local entities when developing program requirements and 
        modifying program requirements;
          (4) provide increased oversight and management on identified 
        high-risk acquisitions;
          (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
          (6) evaluate the time it takes between first developing 
        program requirements, through the acquisition review process, 
        up until a contract award is made.

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:

``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.
  ``(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.
  ``(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.
  ``(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.''.
  (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:

``Sec. 710. Acquisition Professional Career Program.''.

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.
  (b) Elements of Plan.--The plan required under subsection (a) shall--
          (1) designate the acquisition positions that will be 
        necessary to support the Department acquisition requirements, 
        including in the fields of--
                  (A) program management;
                  (B) systems planning, research, development, 
                engineering, and testing;
                  (C) procurement, including contracting;
                  (D) industrial property management;
                  (E) logistics;
                  (F) quality control and assurance;
                  (G) manufacturing and production;
                  (H) business, cost estimating, financial management, 
                and auditing;
                  (I) education, training, and career development;
                  (J) construction; and
                  (K) joint projects with other Government agencies and 
                foreign countries;
          (2) identify acquisition workforce needs of each Department 
        component performing acquisition functions and develop a 
        schedule for filling those needs;
          (3) include departmental guidance and risk-based policies on 
        the use of contractors to perform acquisition functions;
          (4) summarize the recruitment, hiring, training, and 
        retention of the workforce identified in paragraph (2); and
          (5) establish goals for achieving integration and consistency 
        with Governmentwide training and accreditation standards, 
        acquisition training tools, and training facilities.
  (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.

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:

``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--
          ``(1) making a contract award, other transaction agreement, 
        or task and delivery order exceeding $10,000,000; or
          ``(2) announcing the intention to make such an award.
  ``(b) Exception.--If the Secretary determines that compliance with 
this section would pose a substantial risk to 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.''.
  (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:

``Sec. 711. Notification to Congress of major procurement awards.''.

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:

``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.
  ``(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:
          ``(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.
          ``(2) Procedures for ensuring the managerial, financial, and 
        technical independence of providers of independent verification 
        and validation.
          ``(3) Methods for integrating independent verification and 
        validation results into program management.
  ``(c) Reporting to Congress.--The annual report required by section 
708(e) shall--
          ``(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
          ``(2) provide an explanation of the decision not to employ 
        independent verification and validation.''.
  (b) Deadline.--The Under Secretary for Management shall establish the 
process required by the amendment made by subsection (a) not later than 
180 days after the date of the enactment of this Act.
  (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:

``Sec. 712. Independent verification and validation.''.

SEC. 208. OTHER TRANSACTION AUTHORITY.

   Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) is 
amended--
          (1) in subsection (a), by striking ``Until September 30, 
        2011'' and inserting ``Until September 30, 2016'';
          (2) in subsection (b), by striking ``Not later than 2 years 
        after the effective date of this Act, and annually thereafter'' 
        and inserting ``Not later than September 30, 2015''; and
          (3) in subsection (d)(1), by striking ``September 30, 2011'' 
        and inserting ``September 30, 2016''.

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--
          (1) for each component of the Department--
                  (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
                  (B) of that total number, the number of contracts 
                that were either--
                          (i) entered into without full and open 
                        competition; or
                          (ii) awarded under competition after receipt 
                        of only one offer;
          (2) a statistical analysis of statutory exceptions used to 
        enter contracts without full and open competition;
          (3) a discussion of the trends in competition in each 
        component of the Department; and
          (4) a comparison of the percentage of contracts awarded under 
        full and open competition by the Department and the percentage 
        of contracts awarded under full and open competition by other 
        Federal departments and agencies.

SEC. 210. BUY AMERICAN REQUIREMENT IMPOSED ON DEPARTMENT OF HOMELAND 
                    SECURITY; EXCEPTIONS.

  (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the 
following new section:

``SEC. 890B. BUY AMERICAN REQUIREMENT; EXCEPTIONS.

  ``(a) Requirement.--Except as provided in subsections (c) through 
(e), the Secretary may not procure an item described in subsection (b) 
if the item is not grown, reprocessed, reused, or produced in the 
United States.
  ``(b) Covered Items.--
          ``(1) In general.--An item referred to in subsection (a) is 
        any item described in paragraph (2), if the item is directly 
        related to the national security interests of the United 
        States.
          ``(2) Items described.--An item described in this paragraph 
        is any article or item of--
                  ``(A) clothing and the materials and components 
                thereof, other than sensors, electronics, or other 
                items added to, and not normally associated with, 
                clothing (and the materials and components thereof);
                  ``(B) tents, tarpaulins, or covers;
                  ``(C) cotton and other natural fiber products, woven 
                silk or woven silk blends, spun silk yarn for cartridge 
                cloth, synthetic fabric or coated synthetic fabric 
                (including all textile fibers and yarns that are for 
                use in such fabrics), canvas products, or wool (whether 
                in the form of fiber or yarn or contained in fabrics, 
                materials, or manufactured articles); or
                  ``(D) any item of individual equipment manufactured 
                from or containing such fibers, yarns, fabrics, or 
                materials.
  ``(c) Availability Exception.--Subsection (a) does not apply to the 
extent that the Secretary determines that satisfactory quality and 
sufficient quantity of any such article or item described in subsection 
(b)(2) grown, reprocessed, reused, or produced in the United States 
cannot be procured as and when needed.
  ``(d) Exception for Certain Procurements Outside the United States.--
Subsection (a) does not apply to the following:
          ``(1) Procurements by vessels in foreign waters.
          ``(2) Emergency procurements.
  ``(e) Exception for Small Purchases.--Subsection (a) does not apply 
to purchases for amounts not greater than the simplified acquisition 
threshold referred to in section 2304(g) of title 10, United States 
Code.
  ``(f) Applicability to Contracts and Subcontracts for Procurement of 
Commercial Items.--This section is applicable to contracts and 
subcontracts for the procurement of commercial items notwithstanding 
section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 
430).
  ``(g) Geographic Coverage.--In this section, the term `United States' 
includes the possessions of the United States.
  ``(h) Notification Required Within 7 Days After Contract Award if 
Certain Exceptions Applied.--In the case of any contract for the 
procurement of an item described in subsection (b)(2), if the Secretary 
applies an exception set forth in subsection (c) with respect to that 
contract, the Secretary shall, not later than 7 days after the award of 
the contract, post a notification that the exception has been applied.
  ``(i) Training.--
          ``(1) In general.--The Secretary shall ensure that each 
        member of the acquisition workforce who participates personally 
        and substantially in the acquisition of textiles on a regular 
        basis receives training on the requirements of this section and 
        the regulations implementing this section.
          ``(2) Inclusion of information in new training programs.--The 
        Secretary shall ensure that any training program for the 
        acquisition workforce developed or implemented after the date 
        of the enactment of this section includes comprehensive 
        information on the requirements described in paragraph (1).
  ``(j) Consistency With International Agreements.--This section shall 
be applied in a manner consistent with United States obligations under 
international agreements.''.
  (b) Effective Date.--Section 890B of the Homeland Security Act of 
2002, as added by subsection (a), shall apply with respect to contracts 
entered into by the Department of Homeland Security on and after the 
date occurring 180 days after the date of the enactment of this Act.
  (c) 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:

``Sec. 890B. Buy American requirement; exceptions.''.

SEC. 211. STRATEGIC SOURCING FOR MARINE AND AVIATION ASSETS.

  (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:

``SEC. 714. STRATEGIC SOURCING FOR MARINE AND AVIATION ASSETS.

  ``Before the development and procurement by the Department of any 
marine or aviation asset or equipment, the Chief Procurement Officer 
for the Department shall coordinate with the chief procurement officers 
of the Department's components, as appropriate--
          ``(1) to identify common mission requirements; and
          ``(2) to the extent practicable, to standardize equipment 
        purchases, streamline the acquisition process, improve 
        efficiencies, and conduct best practices for strategic sourcing 
        that would unify purchasing, address procurement issues, and 
        improve control and oversight of asset purchases.''.
  (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:

``Sec. 714. Strategic sourcing for marine and aviation assets.''.

SEC. 212. STRATEGIC SOURCING FOR DETECTION AND SCREENING TECHNOLOGY.

  (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:

``SEC. 715. STRATEGIC SOURCING FOR DETECTION AND SCREENING TECHNOLOGY.

  ``(a) In General.--Before the development and procurement by the 
Department of any detection or screening technology, the Chief 
Procurement Officer for the Department shall coordinate with the chief 
procurement officers of the Department's components, as appropriate--
          ``(1) to identify common mission requirements; and
          ``(2) to the extent practicable, to standardize equipment 
        purchases, streamline the acquisition of security screening 
        technologies, improve efficiencies, and conduct best practices 
        for strategic sourcing that would unify purchasing, address 
        procurement issues, and improve control and oversight of 
        technology assets.
  ``(b) Detection or Screening Technology Defined.--In this section the 
term `detection or screening technology' includes x-ray equipment, 
metal detectors, and radiation detectors.''.
  (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:

``Sec. 715. Strategic sourcing for detection and screening 
technology.''.

SEC. 213. SPECIAL EMERGENCY PROCUREMENT AUTHORITY FOR DOMESTIC 
                    EMERGENCY OPERATIONS.

  (a) In General.--Title V of the Homeland Security Act of 2002 is 
amended by adding at the end the following new section:

``SEC. 526. SPECIAL EMERGENCY PROCUREMENT AUTHORITY FOR DOMESTIC 
                    EMERGENCY OPERATIONS.

  ``(a) In General.--Notwithstanding any other provision of law, the 
Secretary is authorized to permit a class deviation to the Federal 
Acquisition Regulation with respect to the micropurchase threshold and 
may do so in such official's sole discretion to support domestic 
emergency operations and response activities related to acts of 
terrorism.
  ``(b) Delegation of Authority.--The Secretary may carry out this 
section by acting through the Under Secretary for Management.
  ``(c) Limitation.--In any class deviation under subsection (a), the 
micropurchase threshold may not exceed $15,000.
  ``(d) Domestic Emergency Operation Defined.--In this section, the 
term `domestic emergency operation' means assistance activities carried 
out in support of or in response to--
          ``(1) an emergency or major disaster, as those terms are 
        defined in section 102 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5122);
          ``(2) any occasion or instance for which the Secretary 
        determines Federal assistance is needed to supplement State and 
        local efforts and capabilities to save lives and to protect 
        property and public health and safety, or to lessen or avert 
        the threat of a catastrophe in any part of the United States;
          ``(3) any natural catastrophe (including any hurricane, 
        tornado, storm, high water, wind-driven water, tidal wave, 
        tsunami, earthquake, volcanic eruption, landslide, mudslide, 
        snowstorm, or drought), or, regardless of cause, any fire, 
        flood, or explosion, in any part of the United States, that in 
        the determination of the Secretary causes damage of sufficient 
        severity and magnitude to warrant major disaster assistance to 
        supplement the efforts and available resources of States, local 
        governments, and disaster relief organizations in alleviating 
        the damage, loss, hardship, or suffering caused thereby; or
          ``(4) any act of terrorism, in any part of the United States, 
        that in the determination of the Secretary causes damage of 
        sufficient severity and magnitude to warrant major disaster 
        assistance to supplement the efforts and available resources of 
        States, local governments, and disaster relief organizations in 
        alleviating the damage, loss, hardship, or suffering caused 
        thereby.''.
  (b) 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 title 
V the following new item:

``Sec. 526. Special emergency procurement authority for domestic 
emergency operations.''.

SEC. 214. SOFTWARE LICENSING.

  (a) In General.--Not later than 180 days after the enactment of this 
Act, and every 2 years thereafter, the Chief Information Officer of the 
Department, in consultation with Department component chief information 
officers, shall--
          (1) conduct a Department-wide inventory of all existing 
        software licenses including utilized and unutilized licenses;
          (2) assess the needs of the Department and the components of 
        the Department for software licenses for the upcoming 2 fiscal 
        years; and
          (3) examine how the Department can achieve the greatest 
        possible economies of scale and cost-savings in the procurement 
        of software licenses.
  (b) Excess Software Licenses.--
          (1) Plan to reduce software licenses.--If the Chief 
        Information Officer determines through the inventory conducted 
        under subsection (a) that the number of existing software 
        licenses of the Department and the components of the Department 
        exceeds the needs of the Department as assessed under 
        subsection (a), the Secretary, not later than 90 days after the 
        date on which the inventory is completed under subsection (a), 
        shall establish a plan for bringing the number of software 
        licenses into balance with such needs of the Department.
          (2) Prohibition on procurement of new software licenses.--
                  (A) In general.--Except as provided in subparagraph 
                (A), upon completion of a plan established under 
                paragraph (1), no additional resources may be obligated 
                for the procurement of new software licenses until such 
                time as the need of the Department exceeds the number 
                of existing and unused licenses.
                  (B) Exception.--The Chief Information Officer of the 
                Department may allow the purchase of additional 
                licenses and amend the number of needed licenses as 
                necessary.
  (c) GAO Review.--The Comptroller General of the United States shall 
review the inventory conducted under subsection (a) and the plan 
established under subsection (b).
  (d) Submission to Congress.--A copy of each inventory conducted under 
subsection (a) and each plan established under subsection (b) shall be 
submitted to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Security of the 
House of Representatives.

SEC. 215. FINANCIAL MANAGEMENT.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees a Departmentwide financial management 
strategy.
  (b) Contents.--The plan developed and submitted under subsection (a) 
shall--
          (1) clearly define and document a Departmentwide financial 
        management strategy which shall integrate the financial 
        operations of all Department components;
          (2) leverage existing best practices from component legacy 
        systems that meet expected performance and functionality 
        targets;
          (3) include a detailed plan for consolidating and migrating 
        various Department components to the new system;
          (4) implement specific processes to minimize project risk, 
        including requirements management, testing, data conversion and 
        system interfaces, risk management, configuration management, 
        project management, quality assurance and internal controls;
          (5) consider key human capital practices to ensure that 
        financial management transformation efforts are properly 
        staffed with appropriately skilled employees;
          (6) clearly define the Department's strategy for obtaining 
        reliable auditable financial reporting and compliance with 
        Federal financial laws and regulations; and
          (7) develop an approach for obtaining reliable information on 
        the costs of its financial management systems investments.
  (c) Government Accountability Office.--Not later than 270 days after 
the date of the enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report that contains--
          (1) the review and comments of the Comptroller General on the 
        plan under subsection (a);
          (2) an evaluation of whether the plan under subsection (a) 
        complies with and includes the implementation of prior 
        Government Accountability Office recommendations regarding 
        Department financial management; and
          (3) recommendations regarding any additional actions 
        necessary to address existing financial internal control 
        weaknesses and achieve financial management integration.

        TITLE III--INFORMATION SHARING AND INTELLIGENCE ANALYSIS

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

  (a) Amendments to Establish Network.--
          (1) Amendments.--Section 210A of the Homeland Security Act of 
        2002 (6 U.S.C. 124h) is amended--
                  (A) by striking the section heading and inserting the 
                following:

``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'';
                  (C) by amending subsection (b) to read as follows:
  ``(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--
          ``(1) coordinate with other Federal departments and agencies 
        to provide operational and intelligence advice and assistance 
        to the National Network of Fusion Centers;
          ``(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;
          ``(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;
          ``(4) reduce inefficiencies and maximize the effectiveness of 
        Federal resource support;
          ``(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;
          ``(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;
          ``(7) provide management guidance and assistance to the 
        National Network of Fusion Centers;
          ``(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;
          ``(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;
          ``(10) provide the National Network of Fusion Centers with 
        expertise on Department resources and operations;
          ``(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;
          ``(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;
          ``(13) ensure that each fusion center in such network has a 
        privacy policy approved by the Chief Privacy Officer of the 
        Department; and
          ``(14) carry out such other duties as the Secretary 
        determines are appropriate.'';
                  (D) in subsection (c), by striking so much as 
                precedes paragraph (3)(B) and inserting the following:
  ``(c) Resource Allocation.--
          ``(1) Responsibilities of under secretary.--
                  ``(A) In general.--The Under Secretary for 
                Intelligence and Analysis shall--
                          ``(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
                          ``(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.
                  ``(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.
          ``(2) Sources of support.--
                  ``(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:
                          ``(i) The Office of Intelligence and 
                        Analysis.
                          ``(ii) The Office of Infrastructure 
                        Protection.
                          ``(iii) The Transportation Security 
                        Administration.
                          ``(iv) U.S. Customs and Border Protection.
                          ``(v) U.S. Immigration and Customs 
                        Enforcement.
                          ``(vi) The Coast Guard.
                          ``(vii) The Privacy Office of the Department.
                          ``(viii) The Office for Civil Rights and 
                        Civil Liberties of the Department.
                          ``(ix) Other components or offices of the 
                        Department, as determined by the Secretary.
                  ``(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.
          ``(3) Resource allocation criteria.--
                  ``(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.'';
                  (E) 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:
                          ``(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.'';
                  (F) in subsection (e)--
                          (i) by amending paragraph (1) to read as 
                        follows:
          ``(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
                          (ii) in paragraph (2), by striking 
                        ``participating State, local, and regional 
                        fusion centers'' and inserting ``participating 
                        State and major urban area fusion centers'';
                  (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:
  ``(f) Mass Transit Intelligence Priority.--
          ``(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.
          ``(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--
                  ``(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;
                  ``(B) promote consistent and timely sharing of mass 
                transit security-relevant information among 
                jurisdictions with mass transit systems; and
                  ``(C) enhance the Department's situational awareness 
                of the threat of acts of terrorism at or involving mass 
                transit systems.
          ``(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.'';
                  (H) by amending subsection (j), as so redesignated, 
                to read as follows:
  ``(j) Guidelines.--The Secretary, in consultation with the Attorney 
General, shall--
          ``(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
          ``(2) ensure that such guidance aligns with and is mutually 
        supportive of the role of fusion centers in the National 
        Prevention Framework.''; and
                  (I) in subsection (l), as so redesignated, by 
                striking ``subsection (i)'' and inserting ``subsection 
                (j)''.
          (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:

``Sec. 210A. Department of Homeland Security National Network of Fusion 
Centers Initiative.''.

  (b) Memorandum of Understanding on Fusion Centers.--
          (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:

``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.''.
          (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:

``Sec. 210G. Memorandum of understanding on fusion centers.''.

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.
  (b) Plan.--
          (1) In general.--The strategy under subsection (a) shall 
        include a comprehensive plan for the further development, 
        acquisition, and deployment, and continual operations of--
                  (A) the Homeland Security Information Network;
                  (B) the Homeland Secure Data Network; and
                  (C) the Homeland Top Secret Network.
          (2) Contents.--The plan shall include the following:
                  (A) cost estimates for the further development of the 
                networks identified in paragraph (1);
                  (B) development and acquisition schedules;
                  (C) a schedule for the decommissioning the legacy C 
                09LAN system and transition to the Homeland Top Secret 
                Network;
                  (D) a comprehensive list of systems requirements that 
                meet strategic goals and Department-wide operational 
                and analytical mission requirements;
                  (E) a plan for standardizing and properly 
                disseminating the networks across the Department;
                  (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
                  (G) a comprehensive plan for the coordinated 
                deployment of the systems listed in paragraph (1), as 
                considered appropriate by the Secretary, to--
                          (i) the Department of Homeland Security 
                        Headquarters offices;
                          (ii) the Department of Homeland Security 
                        component headquarters;
                          (iii) the field elements of Department of 
                        Homeland Security components;
                          (iv) the National Network of Fusion Centers;
                          (v) State and local government entities; and
                          (vi) other Federal departments and agencies.
  (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.

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:

``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.
  ``(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.''.
  (b) Reporting.--The Secretary shall include information, together 
with submission of the annual budget justification, on the following:
          (1) the challenge with filling vacancies of the positions 
        referenced in subsection (a);
          (2) the extent to which the authority provided under 
        subsection (a) was utilized to fill those positions; and
          (3) any impact that the exercise of that authority had on 
        diversity within the Department.
  (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:

``Sec. 846. Authority to establish excepted service positions within 
the intelligence components of the Department of Homeland Security.''.

SEC. 304. SUPPORT AND OVERSIGHT OF FUSION CENTERS.

  To ensure that the Department, as the lead Federal agency with 
responsibility for supporting fusion centers, is maximizing the utility 
of Federal funding awarded to fusion centers through the Homeland 
Security Grant Program, as a means of justifying support to fusion 
centers in subsequent fiscal years, the Inspector General shall, within 
180 days of the date of the enactment of this Act, submit to Congress a 
report. The report shall include each of the following:
          (1) An audit of Federal homeland security grant funding 
        awarded to fusion centers, to measure the extent to which the 
        funding is used to achieve measurable homeland security 
        outcomes, including filling gaps in critical baseline 
        capabilities.
          (2) An assessment of the processes in place at the Department 
        designed to track and measure the effectiveness of grant 
        funding to fusion centers, including an evaluation of the 
        extent to which the Office of Intelligence and Analysis and the 
        Federal Emergency Management Agency coordinate to design and 
        implement effective grant guidance and conduct proper oversight 
        of the grant funding to fusion centers.
          (3) An assessment of the processes in place at the Department 
        designed to track and measure the effectiveness of grant 
        funding to fusion centers, including an evaluation of the 
        extent to which the fusion center considers privacy, civil 
        rights, and civil liberties in the selection of contractors, 
        trainers, and other personnel that provide advice and guidance 
        to the fusion centers.
          (4) An assessment to determine whether each 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 enactment.
          (5) Recommendations on the development and implementation of 
        a metrics program for the Federal Emergency Management Agency 
        to measure the efficacy of grant funding to fusion centers.

SEC. 305. AUDIT ON PRIVACY AND CIVIL LIBERTIES AND UPDATE ON PRIVACY 
                    AND CIVIL LIBERTIES IMPACT ASSESSMENTS.

  (a) Inspector General Audit.--Not later than 1 year after the date of 
the enactment of this Act, the Inspector General of the Department 
shall--
          (1) conduct an audit on the activities of the Department to 
        ensure that State and local fusion centers take appropriate 
        measures to protect privacy and civil liberties, including 
        through the implementation of training programs and support for 
        the development of fusion center privacy policies; and
          (2) submit a report on the results of that audit to the 
        Homeland Security and Governmental Affairs Committee of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives.
  (b) Privacy Impact Assessment.--Not later than 180 days after the 
date of the enactment of this Act, the Privacy Officer of the 
Department shall--
          (1) update the Privacy Impact Assessment for the State, 
        Local, and Regional Fusion Center Initiative completed in 2008 
        in accordance with the requirements of section 511(d)(2) of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        in order to reflect the evolution of State and local fusion 
        centers since that date; and
          (2) submit the updated assessment to the Homeland Security 
        and Governmental Affairs Committee of the Senate and the 
        Committee on Homeland Security of the House of Representatives.
  (c) Civil Liberties Impact Assessment.--Not later than 180 days after 
the date of the enactment of this Act, the Officer for Civil Liberties 
and Civil Rights of the Department shall--
          (1) update the Civil Liberties Impact Assessment for the 
        State, Local and Regional Fusion Center Initiative completed in 
        2008 in accordance with the requirements of section 511(d)(2) 
        of the Implementing Recommendations of the 9/11 Commission Act 
        of 2007 in order to reflect the evolution of State and local 
        fusion centers since that date; and
          (2) submit the updated assessment to the Homeland Security 
        and Governmental Affairs Committee of the Senate and the 
        Committee on Homeland Security of the House of Representatives.

                    TITLE IV--9/11 REVIEW COMMISSION

SEC. 401. SHORT TITLE.

  This title may be cited as the ``9/11 Review Commission Act''.

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'').

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 09306). The review of the 9/11 Review Commission 
shall--
          (1) assess the progress and challenges in carrying out the 
        recommendations of the 9/11 Commission, including any relevant 
        legislation, executive order, regulation, plan, policy, 
        practice, or procedure implemented since the attacks of 
        September 11, 2001;
          (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;
          (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
          (4) provide additional recommendations with regard to 
        protecting United States homeland security, ensuring 
        interagency intelligence sharing, and other matters relating to 
        counterterrorism policy.

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.

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--
          (1) hold hearings, take testimony, receive evidence, and 
        administer oaths; and
          (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.
  (b) Subpoena Authority.--
          (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.
          (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.
          (3) Enforcement.--
                  (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.
                  (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 09194).
  (c) Information From Federal Agencies.--
          (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.
          (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.
  (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.
  (e) Contracting.--The 9/11 Review Commission may, to such extent and 
in such amounts as are provided by appropriations, enter into contracts 
to enable the Commission to discharge its duties under this title.
  (f) Assistance From Federal Agencies.--
          (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.
          (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 determine advisable and as may 
        be authorized by law.
  (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.

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 under section 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.

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 under section 5316 of title 5, United 
States Code.
  (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 under section 5703(b) of title 5, United States Code.
  (c) Staff as Federal Employees.--
          (1) In general.--Any staff receiving compensation under this 
        section shall be employees under section 2105 of title 5, 
        United States Code, for purposes of chapters 63, 81, 83, 84, 
        85, 87, 89, and 90 of such title.
          (2) Members of commission.--Paragraph (1) shall not be 
        construed to apply to the chairman or vice chairman.
  (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.
  (e) Consultant Services.--The 9/11 Review Commission is authorized to 
procure the services of experts and consultants in accordance with 
section 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.

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.

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.
  (b) Public Meetings and Release of Public Versions of Reports.--The 
9/11 Review Commission shall--
          (1) hold public hearings and meetings to the extent 
        appropriate; and
          (2) release public versions of the reports required under 
        this title.
  (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.

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.
  (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.
  (c) Termination.--
          (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).
          (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.

SEC. 411. FUNDING.

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

                   TITLE V--PREPAREDNESS AND RESPONSE

               Subtitle A--WMD Preparedness and Response

SEC. 501. HOMELAND SECURITY BIODEFENSE STRATEGY.

  (a) Biodefense Review and Strategy.--
          (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:

                ``TITLE XXI--WEAPONS OF MASS DESTRUCTION

``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.
  ``(b) Components.--The strategy shall--
          ``(1) delineate those areas of biodefense for which the 
        Department is explicitly responsible;
          ``(2) include an inventory of the Department's biodefense 
        capabilities and assets;
          ``(3) be sufficiently detailed to guide prioritization of 
        Department investments in and strategic approach to biodefense-
        related research, development, planning, and preparedness; and
          ``(4) include an implementation plan to enable the Department 
        to carry out the objectives contained in the strategy.
  ``(c) Annual Review.--
          ``(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.
          ``(2) Consideration of biodefense policy.--Each review 
        shall--
                  ``(A) identify continuing gaps or vulnerabilities in 
                the Department's biodefense posture;
                  ``(B) make recommendations for refining the 
                Department's biodefense investments; and
                  ``(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.

``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.''.
          (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end the following:

                ``TITLE XXI--WEAPONS OF MASS DESTRUCTION

``Sec. 2101. Biodefense strategy.
``Sec. 2102. Submissions to Congress.''.

  (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.

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:

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

  ``(a) In General.--The Office of Intelligence and Analysis of the 
Department shall--
          ``(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;
          ``(2) support homeland security-focused intelligence analysis 
        of global infectious disease, public health, food, 
        agricultural, and veterinary issues;
          ``(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;
          ``(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;
          ``(5) share information and provide tailored analytical 
        support on these threats to State, local, and tribal 
        authorities; and
          ``(6) perform other responsibilities, as assigned by the 
        Secretary.
  ``(b) Coordination.--Where appropriate, the Office of Intelligence 
and Analysis shall--
          ``(1) coordinate with other relevant Department components;
          ``(2) consult with others in the Intelligence Community, 
        including State, local, and tribal authorities, in particular 
        officials from high-threat areas; and
          ``(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.
  ``(c) Report.--
          ``(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--
                  ``(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
                  ``(B) the Department's activities in accordance with 
                relevant intelligence strategies.
          ``(2) Assessment of implementation.--The report shall 
        include--
                  ``(A) a description of methods established to assess 
                progress of the Office of Intelligence and Analysis in 
                implementing this section; and
                  ``(B) such assessment.''.
  (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:

``Sec. 2103. Weapons of mass destruction intelligence and information 
sharing.''.

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:

``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--
          ``(1) produce and update periodically a terrorism risk 
        assessment of chemical, biological, radiological, and nuclear 
        threats; and
          ``(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.
  ``(b) Methodology.--
          ``(1) In general.--The Secretary shall--
                  ``(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;
                  ``(B) conduct sensitivity analysis on each assessment 
                to identify and prioritize research activities to close 
                knowledge gaps; and
                  ``(C) consider the evolving threat from an 
                intelligent adversary.
          ``(2) Inclusion in assessment.--Each assessment under 
        subsection (a) shall include a description of the methodology 
        used for the assessment.
  ``(c) Usage.--The assessments required under subsection (a) shall be 
used to inform and guide risk management decisions, including--
          ``(1) the threat assessments and determinations by the 
        Secretary regarding agents and toxins pursuant to section 319F 
        092 of the Public Health Service Act;
          ``(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;
          ``(3) prioritization of medical countermeasure research, 
        development, acquisition, and distribution activities and other 
        national strategic biodefense research;
          ``(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
          ``(5) other homeland security activities as determined 
        appropriate by the Secretary and the heads of other agencies.
  ``(d) Input and Sharing.--The Secretary shall, for each assessment 
required under subsection (a)--
          ``(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;
          ``(2) ensure that written procedures are in place to guide 
        the development and review of risk assessments through 
        coordinated efforts of relevant Federal agencies;
          ``(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
          ``(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.''.
  (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:

``Sec. 2104. Risk assessments.''.

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:

``SEC. 527. 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--
          ``(1) developing guidance and checklists of recommended 
        actions for individual and community prevention and 
        preparedness efforts and disseminating such guidance and 
        checklists to communities and individuals;
          ``(2) updating new and existing guidance and checklists as 
        appropriate;
          ``(3) disseminating the guidance developed under section 510 
        to communities and individuals, as appropriate;
          ``(4) providing information and training materials in support 
        of individual and community preparedness efforts;
          ``(5) conducting individual and community preparedness 
        outreach efforts; and
          ``(6) such other actions as the Secretary determines 
        appropriate.
  ``(b) Coordination.--Where appropriate, the Secretary shall 
coordinate with private sector and nongovernmental organizations to 
promote individual and community preparedness and collective response 
to weapons of mass destruction and terrorist attacks involving 
chemical, biological, radiological, and nuclear materials against the 
United States.
  ``(c) Best Practices.--In compiling guidance for individual and 
community preparedness in order to carry out subsection (a)(4), the 
Secretary shall give due regard to best practices based on the 
experience of other agencies and countries and the expertise of 
academic institutions and nongovernmental organizations.''.
  (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 adding at the end of the items relating to such title the following:

``Sec. 527. Individual and community preparedness.''.

SEC. 505. DETECTION OF BIOLOGICAL THREATS.

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

``SEC. 2105. DETECTION OF BIOLOGICAL ATTACKS.

  ``(a) Program.--The Secretary shall carry out a program to detect a 
biological attack or event that poses a high risk to homeland security. 
Through such program, the Secretary shall--
          ``(1) deploy detection capabilities to areas, based on risks 
        identified by Department assessments, to indicate the presence 
        of biological agents;
          ``(2) consider multiple deployment strategies including surge 
        capability;
          ``(3) provide information to participating laboratories and 
        programs for their use in monitoring public health, and 
        biological material or other data from those detectors to 
        participating laboratories and programs for testing and 
        evaluation;
          ``(4) regularly communicate with, and provide information 
        about the presence of biological agents to, appropriate 
        Federal, State, and local agencies responsible for public 
        health, law enforcement, and emergency services, in a manner 
        that ensures transparency with the governments served by such 
        personnel;
          ``(5) provide advanced planning tools, concepts of operations 
        (including alarm resolution protocols and response guidance), 
        and training exercises (including in collaboration with 
        relevant national level exercises) for collective response to 
        and recovery from biological attacks; and
          ``(6) provide technical assistance to jurisdictions hosting 
        the program to improve their ability to respond to a detected 
        pathogen.
  ``(b) Program Requirements.--Under the program required under 
subsection (a), the Secretary shall--
          ``(1) enter into memoranda of agreement or interagency 
        agreements under the Economy Act of 1933 (31 U.S.C. 1535 et 
        seq.) with the Director of the Centers of Disease Control and 
        Prevention and the Administrator of the Environmental 
        Protection Agency, and the heads of other Federal departments 
        and agencies, setting forth roles and responsibilities, 
        including with respect to validating performance and developing 
        testing protocols for participating laboratories and 
        coordination with appropriate State, local, and tribal 
        agencies;
          ``(2) establish criteria for determining whether plans for 
        biological detector capabilities and coverage sufficiently 
        protect the United States population, and make such 
        determinations on an annual basis;
          ``(3) acting through the Under Secretary for Science and 
        Technology, and in consultation with the heads of other 
        relevant departments and agencies, implement a process for 
        establishing assay performance standards and evaluation for 
        equivalency for biological threat assays, that--
                  ``(A) evaluates biological threat detection assays, 
                their protocols for use, and their associated response 
                algorithms for confirmation of biological threat 
                agents, taking performance measures and concepts of 
                operation into consideration;
                  ``(B) develops peer-reviewed assay performance and 
                equivalency standards based on the findings of the 
                evaluation under subparagraph (A);
                  ``(C) requires implementation of the standards 
                developed under subparagraph (B) for all Department 
                biological detection programs;
                  ``(D) makes such standards available and promotes 
                their use to support all other Federal biological 
                detection programs; and
                  ``(E) is updated as necessary;
          ``(4) prior to obligating funds to acquire biodetection 
        systems for purposes of operational testing and evaluation, 
        require--
                  ``(A) a determination of the sensitivity and 
                specificity of the currently deployed biodetection 
                system;
                  ``(B) an assessment of the sensitivity and 
                specificity of the next generation biodetection system 
                or systems under consideration for acquisition and 
                whether it meets established operational requirements;
                  ``(C) provision of all raw data to the Science and 
                Technology Directorate to enable the Under Secretary 
                to--
                          ``(i) conduct a trade-off study comparing the 
                        results of subparagraphs (A) and (B); and
                          ``(ii) perform a technical readiness 
                        assessment in accordance with section 308(b); 
                        and
                  ``(D) that the findings under subparagraph (C) inform 
                the cost-benefit analysis under paragraph (5)(A) and 
                any acquisition decision made by the Acquisition Review 
                Board under section 708(c) of the biodetection system 
                or systems under consideration; and
          ``(5) prior to acquiring and deploying biodetection 
        technology, require--
                  ``(A) a cost-benefit analysis, including an analysis 
                of alternatives, that shall be informed by the 
                terrorism risk assessments under section 503;
                  ``(B) operational testing and evaluation;
                  ``(C) operational assessment by the end users of the 
                technology; and
                  ``(D) the Department, other relevant executive 
                agencies, and local jurisdictions intended to host the 
                systems to agree on concepts of operations for 
                resolving alarms.
  ``(c) Contract Authority.--The Secretary may enter into contracts 
with participating laboratories and programs for--
          ``(1) the provision of laboratory services or other 
        biosurveillance activities as appropriate for purposes of this 
        section on a fee-for-service basis or on a prepayment or other 
        similar basis; and
          ``(2) administrative and other costs related to hosting 
        program personnel and equipment in these laboratories or 
        programs.
  ``(d) Definitions.--In this section:
          ``(1) The term `participating laboratory' means a laboratory 
        that has been accepted as a member of the Laboratory Response 
        Network for Bioterrorism that--
                  ``(A) is fully equipped to detect and respond quickly 
                to acts of biological terrorism;
                  ``(B) provides biocontainment and microbiological 
                analysis in support of the Department and relevant law 
                enforcement agencies with responsibilities for 
                investigating biological incidents; and
                  ``(C) supports threat agent characterization studies 
                and assay evaluation, research and development.
          ``(2) The term `assay' means any scientific test that is 
        designed to detect the presence of a biological threat agent 
        that is of a type selected under criteria established by the 
        Secretary.''.
  (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:

``Sec. 2105. Detection of biological attacks.''.

SEC. 506. RAPID BIOLOGICAL THREAT DETECTION AND IDENTIFICATION AT PORTS 
                    OF ENTRY.

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

``SEC. 2106. RAPID BIOLOGICAL THREAT DETECTION AND IDENTIFICATION AT 
                    PORTS OF ENTRY.

  ``(a) In General.--The Secretary of Homeland Security shall require 
the Under Secretary for Science and Technology, in consultation with 
the heads of other relevant operational components of the Department of 
Homeland Security, to assess whether the development of technological 
screening capabilities for biological agents, pandemic influenza, and 
other infectious diseases should be undertaken by the Science and 
Technology Directorate to support entry and exit screening at ports of 
entry and for other homeland security purposes.
  ``(b) Development of Methods.--If the Under Secretary determines that 
the development of such screening capabilities should be undertaken, 
the Secretary shall, to the extent possible, initiate development of 
safe and effective methods to--
          ``(1) rapidly screen incoming persons at ports of entry for 
        biological agents, pandemic influenza, and other infectious 
        diseases; and
          ``(2) obtain results of such screening near the point of 
        entry.''.
  (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:

``Sec. 2106. Rapid biological threat detection and identification at 
ports of entry.''.

SEC. 507. COMMUNICATIONS PLANNING.

  (a) In General.--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:

``SEC. 528. COMMUNICATIONS PLANNING.

  ``(a) Communications Plan.--
          ``(1) In general.--The Administrator shall develop a 
        communications plan designed to provide information to the 
        public related to preventing, protecting against, responding 
        to, and recovering from chemical, biological, radiological, and 
        nuclear attacks;
          ``(2) Pre-scripted messages and message templates.--
                  ``(A) In general.--The Administrator shall develop 
                and disseminate, through the Federal Emergency 
                Management Agency, a public alerts and warnings system, 
                and prescripted messages and message templates to be 
                provided to State, local, and tribal authorities so 
                that those authorities can quickly and rapidly 
                disseminate critical information to the public in 
                anticipation of, during, or in the immediate aftermath 
                of a chemical, biological, radiological, or nuclear 
                attack, and to be included in the Department of 
                Homeland Security's lessons learned information sharing 
                system.
                  ``(B) Development and design.--The pre-scripted 
                messages or message templates shall--
                          ``(i) be developed in consultation with 
                        State, local, and tribal authorities and in 
                        coordination with other appropriate Federal 
                        departments and agencies;
                          ``(ii) be designed to provide accurate, 
                        essential, and appropriate information and 
                        instructions to the population directly 
                        affected by an incident, including information 
                        regarding an evacuation, sheltering in place, 
                        hospital surge operations, health, and safety;
                          ``(iii) be designed to provide accurate, 
                        essential, and appropriate information and 
                        instructions to emergency response providers 
                        and medical personnel responding to an 
                        incident; and
                          ``(iv) include direction for the coordination 
                        of Federal, State, local, and tribal 
                        communications teams.
                  ``(C) Communications formats.--The Administrator 
                shall develop pre-scripted messages or message 
                templates under this paragraph in multiple formats to 
                ensure delivery--
                          ``(i) in cases where the usual communications 
                        infrastructure is unusable; and
                          ``(ii) to individuals with disabilities or 
                        other special needs and individuals with 
                        limited English proficiency.
                  ``(D) Dissemination and technical assistance.--The 
                Administrator shall ensure that all pre-scripted 
                messages and message templates developed under this 
                paragraph are made available to State, local, and 
                tribal authorities so that those authorities may 
                incorporate them, as appropriate, into their emergency 
                plans. The Administrator shall also make available 
                relevant technical assistance to those authorities to 
                support communications planning.
                  ``(E) Exercises.--To ensure that the pre-scripted 
                messages or message templates developed under this 
                paragraph can be effectively utilized in a disaster or 
                incident, the Administrator shall incorporate Federal, 
                State, local, and tribal communications teams that 
                deliver such pre-scripted messages or message templates 
                into exercises, including those conducted under the 
                National Exercise Program.
  ``(b) Terrorism Threat Awareness.--
          ``(1) Terrorism threat awareness.--The Secretary, in 
        consultation with the heads of appropriate Federal departments 
        and agencies, shall for purposes of preparedness and collective 
        response to terrorism and for other purposes--
                  ``(A) ensure that homeland security information 
                concerning terrorist threats is provided to State, 
                local, and tribal authorities and the public within the 
                United States, as appropriate; and
                  ``(B) establish a process to optimize opportunities 
                for qualified heads of State, local, and tribal 
                government entities to obtain appropriate security 
                clearances so that they may receive classified threat 
                information when appropriate.
          ``(2) Threat bulletins.--
                  ``(A) In general.--Consistent with the requirements 
                of paragraph (1), the Secretary shall, on a timely 
                basis, prepare unclassified threat bulletins on 
                chemical, biological, radiological, and nuclear 
                threats.
                  ``(B) Requirements.--Each assessment required under 
                subparagraph (A) shall--
                          ``(i) include guidance to the public for 
                        preventing and responding to acts of terrorism 
                        arising from such threats; and
                          ``(ii) be made available on the Internet Web 
                        site of the Department and other publicly 
                        accessible Internet Web sites, communication 
                        systems, and information networks.
          ``(3) Guidance to state, local, and tribal authorities.--The 
        Secretary, using information provided by the terrorism risk 
        assessments required under section 2104 and other threat 
        assessments available to the Department--
                  ``(A) shall provide to State, local, and tribal 
                authorities written guidance on communicating 
                terrorism-related threats and risks to the public 
                within their jurisdictions; and
                  ``(B) shall identify the governmental rationale for 
                identifying particular communities as being at 
                heightened risk of exploitation.''.
  (b) Report.--Not later than one year after the date of the enactment 
of this Act, the Administrator shall submit to the appropriate 
congressional committees the communications plans required to be 
developed under the amendments made by subsection (a), including pre-
scripted messages or message templates developed in conjunction with 
the plans and a description of the means that will be used to deliver 
these messages during such incidents.
  (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:

``Sec. 528. Communications planning.''.

SEC. 508. RESPONSE GUIDELINES CONCERNING WEAPONS OF MASS DESTRUCTION.

  (a) Establishment of Voluntary Guidance.--Not later than one year 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, in consultation with the heads of other relevant Federal 
departments and agencies, shall--
          (1) develop for police, fire, emergency medical services, 
        emergency management, and medical and public health personnel, 
        voluntary guidance for responding to chemical, biological, 
        radiological, or nuclear attacks;
          (2) make such guidance available to State, local, and tribal 
        authorities, educational institutions, nongovernmental 
        organizations, the private sector, and the public; and
          (3) in developing the guidance under paragraph (1)--
                  (A) review the experiences of other countries and the 
                expertise of academic institutions and nongovernmental 
                organizations; and
                  (B) consider the unique needs of children and other 
                vulnerable populations.
  (b) Contents.--The guidance developed under subsection (a)(1) shall 
be voluntary, risk-based guidance that shall include--
          (1) protective action guidance for ensuring the security, 
        health, and safety of emergency response providers and their 
        families and household contacts;
          (2) specific information regarding the effects of the 
        chemical, biological, radiological, or nuclear material on 
        those exposed to the agent; and
          (3) best practices for emergency response providers to 
        effectively diagnose, handle, and otherwise manage individuals 
        affected by an incident involving chemical, biological, 
        radiological, or nuclear material.
  (c) Review and Revision of Guidance.--The Secretary shall--
          (1) review the guidance developed under subsection (a)(1) at 
        least once every 2 years;
          (2) make revisions to the guidance as appropriate; and
          (3) make any revised guidance available to State, local, and 
        tribal authorities, nongovernmental organizations, the private 
        sector, and the public.
  (d) Procedures for Developing and Revising Guidance.--In carrying out 
the requirements of this section, the Secretary shall establish 
procedures to--
          (1) enable members of the first responder and first provider 
        community to submit recommendations of areas in which guidance 
        is needed and could be developed under subsection (a)(1);
          (2) determine which entities should be consulted in 
        developing or revising the guidance;
          (3) prioritize, on a regular basis, guidance that should be 
        developed or revised; and
          (4) develop and disseminate the guidance in accordance with 
        the prioritization under paragraph (3).

SEC. 509. PLUME MODELING.

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

``SEC. 2107. PLUME MODELING.

  ``(a) Development.--
          ``(1) In general.--The Secretary shall acquire, use, and 
        disseminate the best available integrated plume models to 
        enable rapid response activities following a chemical, 
        biological, nuclear, or radiological attack or event.
          ``(2) Scope.--The Secretary shall--
                  ``(A) identify Federal, State, and local needs 
                regarding plume models and ensure the rapid development 
                and distribution of integrated plume models that meet 
                those needs to appropriate officials of the Federal 
                Government and State, local, and tribal authorities to 
                enable immediate response to a chemical, biological, or 
                radiological attack or event;
                  ``(B) establish mechanisms for dissemination by 
                appropriate emergency response officials of the 
                integrated plume models described in paragraph (1) to 
                nongovernmental organizations and the public to enable 
                appropriate collective response activities;
                  ``(C) ensure that guidance and training in how to 
                appropriately use such models are provided; and
                  ``(D) ensure that lessons learned from assessing the 
                development and dissemination of integrated plume 
                models during exercises administered by the Department 
                are put into the lessons learned information sharing 
                system maintained by the Department.
  ``(b) Definitions.--For purposes of this section:
          ``(1) Plume model.--The term `plume model' means the 
        assessment of the location and prediction of the spread of 
        agents following a chemical, biological, radiological, or 
        nuclear attack or event.
          ``(2) Integrated plume model.--The term `integrated plume 
        model' means a plume model that integrates protective action 
        guidance and other information as the Secretary determines 
        appropriate.''.
  (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:

``Sec. 2107. Plume modeling.''.

SEC. 510. DISASTER RECOVERY.

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

``SEC. 2108. IDENTIFYING AND ADDRESSING GAPS IN RECOVERY CAPABILITIES.

  ``(a) Risk Assessment.--
          ``(1) Tailored risk assessment.--The Secretary, acting 
        through the Under Secretary for Science and Technology, shall 
        conduct tailored risk assessments to inform prioritization of 
        national recovery activities for chemical, biological, 
        radiological, and nuclear incidents, to be updated as 
        necessary.
          ``(2) Considerations.--In conducting the risk assessments 
        under paragraph (1), the Secretary shall--
                  ``(A) consult with the heads of other relevant 
                Federal departments and agencies;
                  ``(B) consider recovery of both indoor areas and 
                outdoor environments; and
                  ``(C) consider relevant studies previously prepared 
                by other Federal agencies, or other appropriate 
                stakeholders.
          ``(3) Collaboration.--Upon completion of the risk assessments 
        required by this section, the Secretary shall provide the 
        findings to the heads of relevant Federal agencies in order to 
        inform ongoing and future work, including research and guidance 
        development, undertaken by those agencies in recovery and 
        remediation from chemical, biological, radiological, or nuclear 
        incidents.
  ``(b) Research.--The results of the risk assessment under this 
section shall inform appropriate Federal research to address the high-
risk capability gaps uncovered by each assessment.

``SEC. 2109. RECOVERY FROM CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 
                    NUCLEAR ATTACKS OR INCIDENTS.

  ``(a) Establishment of Guidance.--Within 24 months from the date of 
enactment of this Act, the Secretary, in consultation with the heads of 
other appropriate Federal departments and agencies, shall develop and 
issue guidance for clean-up and restoration of indoor and outdoor 
areas, including subways and other mass transportation facilities, that 
have been exposed to chemical, biological, radiological, or nuclear 
materials.
  ``(b) Contents.--The guidance developed under subsection (a) shall 
clarify Federal roles and responsibilities for assisting State, local, 
and tribal authorities and include risk-based recommendations for--
          ``(1) standards for effective decontamination of affected 
        sites;
          ``(2) standards for safe post-event occupancy of affected 
        sites, including for vulnerable populations such as children 
        and individuals with health concerns;
          ``(3) requirements to ensure that the decontamination 
        procedures for responding organizations do not conflict;
          ``(4) requirements that each responding organization uses a 
        uniform system for tracking costs and performance of clean-up 
        contractors;
          ``(5) maintenance of negative air pressure in buildings;
          ``(6) standards for proper selection and use of personal 
        protective equipment;
          ``(7) air sampling procedures;
          ``(8) development of occupational health and safety plans 
        that are appropriate for the specific risk to responder health; 
        and
          ``(9) waste disposal.
  ``(c) Review and Revision of Guidance.--The Secretary shall--
          ``(1) not less frequently than once every two years, review 
        the guidance developed under subsection (a);
          ``(2) make revisions to the guidance as appropriate; and
          ``(3) make the revised guidance available to the Federal 
        Government, State, local, and tribal authorities, 
        nongovernmental organizations, the private sector, and the 
        public.
  ``(d) Procedures for Developing and Revising Guidance.--In carrying 
out the requirements of this section, the Secretary shall establish 
procedures to--
          ``(1) prioritize issuance of guidance based on the results of 
        the risk assessment conducted pursuant to section 2108;
          ``(2) inventory existing relevant guidance;
          ``(3) enable the public to submit recommendations of areas in 
        which guidance is needed;
          ``(4) determine which entities should be consulted in 
        developing or revising the guidance;
          ``(5) prioritize, on a regular basis, guidance that should be 
        developed or revised; and
          ``(6) develop and disseminate the guidance in accordance with 
        the prioritization under paragraph (5).
  ``(e) Consultations.--The Secretary shall develop and revise the 
guidance developed under subsection (a), and the procedures required 
under subsection (d), in consultation with--
          ``(1) the heads of other Federal departments and agencies, as 
        appropriate;
          ``(2) State, local, and tribal authorities; and
          ``(3) nongovernmental organizations and private industry.

``SEC. 2110. EXERCISES.

  ``To facilitate environmental recovery from a chemical, biological, 
radiological, or nuclear attack or other incident involving chemical, 
biological, radiological, or nuclear materials and to foster collective 
response to terrorism, the Secretary shall develop exercises in 
consultation with State, local, and tribal authorities and other 
appropriate Federal agencies, and, as appropriate, in collaboration 
with national level exercises, including exercises that address, to the 
best knowledge available at the time, analysis, indoor environmental 
cleanup methods, and decontamination standards, including those 
published in the guidance documents required by section 2109.''.
  (b) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to such 
title the following:

``Sec. 2108. Identifying and addressing gaps in recovery capabilities.
``Sec. 2109. Recovery from chemical, biological, radiological, and 
nuclear attacks or incidents.
``Sec. 2110. Exercises.''.

                           Subtitle B--Grants

SEC. 521. SENSE OF CONGRESS.

  (a) Findings.--Congress finds the following:
          (1) Terrorism preparedness grant programs administered by the 
        Department of Homeland Security since the attacks of September 
        11, 2001, including the State Homeland Security Grant Program, 
        Urban Area Security Initiative, Transit Security Grant Program, 
        and Port Security Grant Program, have contributed to increased 
        preparedness, resilience, and response capabilities at the 
        State and local levels.
          (2) State and local governments have utilized grant funding 
        to, among other things, conduct planning, training, and 
        exercises, improve information sharing, and enhance 
        communications.
          (3) More than a decade after the terrorist attacks of 
        September 11, 2001, the United States remains the top target of 
        Al Qaeda and its affiliates, and faces increasing threats of 
        domestic radicalization and from lone wolf extremists.
          (4) Continued Federal assistance to States and localities is 
        necessary to maintain the increased preparedness and response 
        capabilities developed over the past decade in order to address 
        this continuing threat.
  (b) Sense of Congress.--It is the sense of Congress that grant 
programs such as the State Homeland Security Grant Program, Urban Area 
Security Initiative, Transit Security Grant Program, and Port Security 
Grant Program, should be funded consistent with their previously 
authorized levels to ensure that States and localities build and 
sustain the necessary capabilities to prevent, prepare for, and respond 
to terrorist attacks or other emergencies.

SEC. 522. USE OF GRANT FUNDS FOR PROJECTS CONDUCTED IN CONJUNCTION WITH 
                    A NATIONAL LABORATORY OR RESEARCH FACILITY.

  Section 2008(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
609(a)(2)) is amended by inserting ``training conducted in conjunction 
with a national laboratory or research facility and'' after 
``including''.

SEC. 523. NOTIFICATION OF HOMELAND SECURITY GRANT AWARDS.

  Section 2002 of the Homeland Security Act of 2002 is amended by 
adding at the end the following new subsection:
  ``(d) Notification.--The Administrator of the Federal Emergency 
Management Agency shall report to the Committee on Homeland Security of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate not less than three business days in 
advance of announcing publicly an allocation or award made pursuant to 
section 2003 or 2004.''.

SEC. 524. TRANSPARENCY IN HOMELAND SECURITY GRANT FUNDING.

  (a) In General.--Subtitle B of title XX of the Homeland Security Act 
of 2002 is amended by adding at the end the following new section:

``SEC. 2024. TRANSPARENCY IN HOMELAND SECURITY GRANT FUNDING.

  ``(a) In General.--The Assistant Administrator of the Grant Programs 
Directorate, or an official otherwise designated by the Administrator, 
shall serve as the Authorization Liaison Officer within the Federal 
Emergency Management Agency.
  ``(b) Reporting to Congress.--The Authorization Liaison Officer shall 
provide timely information on all grants administered by the Federal 
Emergency Management Agency upon request to the appropriate 
congressional committees.
  ``(c) Semiannual Reporting.--
          ``(1) In general.--The Administrator of the Federal Emergency 
        Management Agency shall submit a written report to the 
        appropriate congressional committees, on not less than a 
        semiannual basis, that provides a full accounting of funds 
        awarded by the Department under all homeland security grant 
        programs administered by the Federal Emergency Management 
        Agency for the previous five fiscal years, ending with the year 
        in which the report is provided.
          ``(2) Scope of reports.--The Authorization Liaison Officer 
        shall ensure, to the greatest extent practicable, that each 
        report under this subsection includes a full accounting of 
        funds awarded by the Department under all homeland security 
        grant programs administered by the Federal Emergency Management 
        Agency for the previous five fiscal years, ending with the year 
        in which the report is provided, including--
                  ``(A) the number and type of projects approved, by 
                grantee;
                  ``(B) the amount of funds awarded for each project;
                  ``(C) the amount of funds available for each project;
                  ``(D) the date on which those funds were made 
                available;
                  ``(E) the amount of funds not yet released by the 
                Department, by project; and
                  ``(F) the reasons funds have not been released, by 
                project.
  ``(d) Measures and Metrics.--
          ``(1) Quarterly provision of information to congress.--The 
        Assistant Administrator of the Grant Programs Directorate shall 
        provide information quarterly to the appropriate congressional 
        committees on its efforts to develop performance measures and 
        metrics for the Homeland Security Grant Program pursuant to 
        section 2023 of the Homeland Security Act of 2002 (6 U.S.C. 
        613), until the development and implementation of such 
        performance measures and metrics.
          ``(2) Biannual briefings.--After the development and 
        implementation of such performance measures and metrics, the 
        Assistant Administrator shall provide biannual briefings to the 
        appropriate congressional committees on the expenditure of 
        grant funds and the Assistant Administrator's findings based on 
        the metrics, including an assessment of the extent which 
        funding under the Homeland Security Grant Program has 
        contributed to building and sustaining State and local 
        preparedness and response capabilities to address terrorism 
        threats and other emergencies.''.
  (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 subtitle the following new item:

``Sec. 2024. Transparency in homeland security grant funding.''.

SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM.

  (a) In General.--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 new section:

``SEC. 529. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.

  ``(a) In General.--The Secretary shall conduct a Metropolitan Medical 
Response System Program, that shall assist State and local governments 
in preparing for and responding to public health and mass casualty 
incidents resulting from acts of terrorism and natural disasters.
  ``(b) Financial Assistance.--
          ``(1) Authorization of grants.--
                  ``(A) In general.--The Secretary, through the 
                Administrator, may make grants under this section to 
                State and local governments to assist in preparing for 
                and responding to mass casualty incidents resulting 
                from acts of terrorism and natural disasters.
                  ``(B) Consultation.--In developing guidance for 
                grants authorized under this section, the Administrator 
                shall consult with the Assistant Secretary for Health 
                Affairs of the Department.
          ``(2) Use of funds.--A grant made under this section may be 
        used to support the integration of emergency management, 
        health, and medical systems into a coordinated response to mass 
        casualty incidents caused by any hazard, including--
                  ``(A) to strengthen medical surge capacity;
                  ``(B) to strengthen mass prophylaxis capabilities 
                including development and maintenance of an initial 
                pharmaceutical stockpile sufficient to protect first 
                responders, their families, and immediate victims from 
                a chemical or biological event;
                  ``(C) to strengthen chemical, biological, 
                radiological, nuclear, and explosive detection, 
                response, and decontamination capabilities;
                  ``(D) to develop and maintain mass triage and pre-
                hospital treatment plans and capabilities;
                  ``(E) for planning;
                  ``(F) to support efforts to strengthen information 
                sharing and collaboration capabilities of regional, 
                State, and urban areas in support of public health and 
                medical preparedness;
                  ``(G) for medical supplies management and 
                distribution;
                  ``(H) for training and exercises;
                  ``(I) for integration and coordination of the 
                activities and capabilities of public health personnel 
                and medical care providers with those of other 
                emergency response providers as well as other Federal 
                agencies, the private sector, and nonprofit 
                organizations, for the forward movement of patients; 
                and
                  ``(J) for such other activities as the Administrator 
                provides.
          ``(3) Eligibility.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), any jurisdiction that received funds through the 
                Metropolitan Medical Response System Program in fiscal 
                year 2010 shall be eligible to receive a grant under 
                this section.
                  ``(B) Performance requirement after fiscal year 
                2012.--A jurisdiction shall not be eligible for a grant 
                under this subsection from funds available after fiscal 
                year 2012 unless the Secretary determines that the 
                jurisdiction maintains a sufficient measured degree of 
                capability in accordance with the performance measures 
                issued under subsection (c).
          ``(4) Distribution of funds.--
                  ``(A) In general.--The Administrator shall distribute 
                grant funds under this section to the State in which 
                the jurisdiction receiving a grant under this section 
                is located.
                  ``(B) Pass through.--Subject to subparagraph (C), not 
                later than 45 days after the date on which a State 
                receives grant funds under subparagraph (A), the State 
                shall provide the jurisdiction receiving the grant 100 
                percent of the grant funds, and not later than 45 days 
                after the State releases the funds, all fiscal agents 
                shall make the grant funds available for expenditure.
                  ``(C) Exception.--The Administrator may permit a 
                State to provide to a jurisdiction receiving a grant 
                under this section 97 percent of the grant funds 
                awarded if doing so would not result in any 
                jurisdiction eligible for a grant under paragraph 
                (3)(A) receiving less funding than such jurisdiction 
                received in fiscal year 2009.
          ``(5) Regional coordination.--The Administrator shall ensure 
        that each jurisdiction that receives a grant under this 
        section, as a condition of receiving such grant, is actively 
        coordinating its preparedness efforts with surrounding 
        jurisdictions, with the official with primary responsibility 
        for homeland security (other than the Governor) of the 
        government of the State in which the jurisdiction is located, 
        and with emergency response providers from all relevant 
        disciplines, as determined by the Administrator, to effectively 
        enhance regional preparedness.
  ``(c) Performance Measures.--The Administrator, in coordination with 
the Assistant Secretary for Health Affairs, and the National 
Metropolitan Medical Response System Working Group, shall issue 
performance measures within one year after the date of enactment of 
this section that enable objective evaluation of the performance and 
effective use of funds provided under this section in any jurisdiction.
  ``(d) Metropolitan Medical Response System Working Group Defined.--In 
this section, the term `National Metropolitan Medical Response System 
Working Group' means--
          ``(1) 10 Metropolitan Medical Response System Program grant 
        managers, who shall--
                  ``(A) include one such grant manager from each region 
                of the Agency;
                  ``(B) comprise a population-based cross section of 
                jurisdictions that are receiving grant funds under the 
                Metropolitan Medical Response System Program; and
                  ``(C) include--
                          ``(i) 3 selected by the Administrator; and
                          ``(ii) 3 selected by the Chief Medical 
                        Officer of the Department; and
          ``(2) 3 State officials who are responsible for 
        administration of State programs that are carried out with 
        grants under this section, who shall be selected by the 
        Administrator.
  ``(e) Authorization of Appropriations.--From the total amount 
authorized to be appropriated under this Act, $42,000,000 shall be 
authorized for appropriations to carry out the program for each of 
fiscal years 2012 through 2016.''.
  (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:

``Sec. 529. Metropolitan Medical Response System Program.''.

  (c) Metropolitan Medical Response Program Review.--
          (1) In general.--The Administrator of the Federal Emergency 
        Management Agency, the Assistant Secretary for Health Affairs 
        of the Department, and the National Metropolitan Medical 
        Response System Working Group shall conduct a review of the 
        Metropolitan Medical Response System Program authorized under 
        this section, including an examination of--
                  (A) the extent to which the goals and objectives are 
                being met;
                  (B) the performance metrics that can best help assess 
                whether the Metropolitan Medical Response System 
                Program is succeeding;
                  (C) how the Metropolitan Medical Response System 
                Program can be improved;
                  (D) how the Metropolitan Medical Response System 
                Program complements and enhances other preparedness 
                programs supported by the Department of Homeland 
                Security and the Department of Health and Human 
                Services;
                  (E) the degree to which the strategic goals, 
                objectives, and capabilities of the Metropolitan 
                Medical Response System Program are incorporated in 
                State and local homeland security plans;
                  (F) how eligibility for financial assistance, and the 
                allocation of financial assistance, under the 
                Metropolitan Medical Response System Program should be 
                determined, including how allocation of assistance 
                could be based on risk;
                  (G) implications for the Metropolitan Medical 
                Response System Program if it were managed as a 
                contractual agreement; and
                  (H) the resource requirements of the Metropolitan 
                Medical Response System Program.
          (2) Report.--Not later than one year after the date of 
        enactment of this Act, the Administrator and the Assistant 
        Secretary for Health Affairs shall submit to the appropriate 
        congressional committees a report on the results of the review 
        under this section.
          (3) Consultation.--The Administrator of the Federal Emergency 
        Management Agency shall consult with the heads of other 
        relevant departments and agencies in the implementation of 
        subsection (a)(5).
          (4) Definition.--In this subsection the term ``National 
        Metropolitan Medical Response System Working Group'' has the 
        meaning that term has in section 529 of the Homeland Security 
        Act of 2002, as added by subsection (a) of this section.
  (c) Conforming Amendment.--Section 635 of the Post-Katrina Management 
Reform Act of 2006 (6 U.S.C. 723) is repealed.

SEC. 526. TRANSIT SECURITY GRANT PROGRAM.

  (a) Security Assistance Program.--Section 1406(a) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135(a)) 
is amended--
          (1) in paragraph (1) by inserting ``and law enforcement'' 
        after ``public transportation''; and
          (2) by adding at the end the following:
          ``(3) Law enforcement agency eligibility.--A law enforcement 
        agency is eligible for a grant under this section if the agency 
        enters into a memorandum of agreement or other arrangement with 
        a public transportation agency that is eligible for a grant 
        under paragraph (2) to oversee, direct, and command the 
        security operations of that public transportation agency.''.
  (b) Uses of Funds.--Section 1406(b)(1) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
1135(b)(1)) is amended--
          (1) in subparagraph (J), by striking ``evacuation 
        improvements'' and inserting ``consequence management 
        investments, including investments with respect to evacuation 
        improvements, route designation and signage, and public 
        assistance materials'';
          (2) in subparagraph (N), by striking ``and'' at the end;
          (3) by redesignating subparagraph (O) as subparagraph (P); 
        and
          (4) by inserting after subparagraph (N) the following new 
        subparagraph (O):
                  ``(O) systems for identity verification for access 
                control, including biometrics; and''.
  (c) Operational Allowances.--Section 1406(m)(1) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
1135(m)(1)) is amended--
          (1) in subparagraph (D) by striking ``and'' at the end;
          (2) in subparagraph (E)--
                  (A) by striking ``10 percent'' and inserting ``50 
                percent''; and
                  (B) by striking ``subsection (b)(2).'' and inserting 
                ``subsection (b)(2); and''; and
          (3) by adding at the end the following:
                  ``(F) $400,000,000 for fiscal year 2012, except that 
                not more than 50 percent of such funds may be used for 
                operational costs under subsection (b)(2).''.

SEC. 527. PRIORITIZATION.

  (a) Cruise Ship Passengers and Border Crossings.--Section 2007(a)(1) 
of the Homeland Security Act of 2002 (6 U.S.C. 608(a)(1)) is amended--
          (1) in subparagraph (A), by inserting ``(including cruise 
        ship passengers)'' after ``tourist''; and
          (2) by redesignating subparagraphs (H) through (K) as 
        subparagraphs (I) through (L) and inserting after subparagraph 
        (G) the following:
                  ``(H) the number of border crossings at land, air, 
                and maritime ports of entry;''.
  (b) Conforming Amendment.--Section 2003(b)(2)(A)(i) of such Act (6 
U.S.C. 604(a)(2)(A)(i)) is amended by striking ``(H) and (K)'' and 
inserting ``(I) and (L)''.

SEC. 528. TRANSPORTATION SECURITY GRANT PROGRAM STUDY.

  (a) In General.--The Comptroller General of the United States shall 
conduct a study evaluating the homeland security impacts of 
transportation security grant program funding levels in States located 
on the west coast of the United States. In carrying out the study, the 
Comptroller General shall review--
          (1) how funding under the grant program has been distributed 
        in correlation to locations near critical infrastructure 
        sectors, eligible metropolitan areas, and high risk urban areas 
        in such States; and
          (2) the level of coordination in the disbursements of such 
        funds with the risk determinations based on State and local 
        entities.
  (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Comptroller General shall submit to the appropriate 
congressional committees a report on the results of the study required 
under this section.

SEC. 529. INTERAGENCY GRANTS WORKING GROUP.

  (a) In General.--The Secretary shall, in coordination with relevant 
Department components and other appropriate Federal departments and 
agencies, establish an interagency working group to better coordinate 
Federal preparedness grants.
  (b) Membership.--The working group shall be chaired by the Secretary 
and be composed of the Secretary and representatives from the 
Department of Health and Human Services, Department of Transportation, 
Department of Justice, and other Federal agencies as determined 
appropriate by the Secretary.
  (c) Responsibilities.--The working group shall--
          (1) meet regularly to coordinate, as appropriate, development 
        of grant guidance, application and award timelines, monitoring, 
        and assessments;
          (2) seek input from State, local, and tribal officials 
        involved in grant management in order to inform grant 
        processes, allocations, and awards;
          (3) promote coordinated grant timelines; and
          (4) ensure all preparedness grant programs employ a common 
        Internet Web portal.
  (d) Report.--Not later than 1 year after the date of enactment of 
this section, the Secretary shall submit to the appropriate 
congressional committees a report on the activities of the working 
group.

                       Subtitle C--Communications

SEC. 541. SENSE OF CONGRESS REGARDING INTEROPERABILITY.

   (a) Findings.--Congress finds the following:
          (1) The National Commission on Terrorist Attacks Upon the 
        United States (in this section referred to as the ``9/11 
        Commission'') determined that the inability of first responders 
        to communicate effectively on September 11, 2001 was a critical 
        obstacle to an effective multijurisdictional response.
          (2) More than 10 years have passed since the terrorist 
        attacks of September 11, 2001, and many jurisdictions across 
        the country still experience difficulties communicating that 
        may contribute to confusion, delays, or added risks when 
        responding to a terrorist attack or natural disaster.
          (3) In the years since September 11, 2001, the need for a 
        national wireless first responder interoperable communications 
        network has remained, but the Nation has not yet completed 
        building this vital resource for public safety.
          (4) The earthquake that originated in Virginia on August 23, 
        2011, and affected areas throughout the East Coast jammed 
        commercial communications and data networks, making them 
        incapable of handling the mission critical communications needs 
        of first responders even if provided with priority access.
  (b) Sense of Congress.--It is the sense of Congress that Federal 
resources should be allocated to improve first responder interoperable 
communications and the D Block spectrum should be reallocated for the 
construction of a national interoperable public safety wireless 
broadband network as expeditiously as possible.

SEC. 542. ROLES AND RESPONSIBILITIES WITH RESPECT TO POLICY AND 
                    GUIDANCE FOR COMMUNICATIONS-RELATED EXPENDITURES 
                    WITH GRANT FUNDS.

  (a) Responsibilities of the Director of the Office of Emergency 
Communications.--Section 1801(c) of the Homeland Security Act of 2002 
(6 U.S.C. 571(c)) is amended by striking ``and'' after the semicolon at 
the end of paragraph (14), striking the period at the end of paragraph 
(15) and inserting ``; and'', and adding at the end the following:
          ``(16) provide guidance on interoperable emergency 
        communications to the Administrator of the Federal Emergency 
        Management Agency in accordance with the memorandum of 
        understanding required under section 1811.''.
  (b) Authorization for Memorandum of Understanding on Emergency 
Communications.--
          (1) In general.--Title XVIII of the Homeland Security Act of 
        2002 is amended by adding at the end the following new section:

``SEC. 1811. MEMORANDUM OF UNDERSTANDING ON EMERGENCY COMMUNICATIONS.

  ``The Administrator of the Federal Emergency Management Agency shall 
execute a memorandum of understanding with the Director of the Office 
of Emergency Communications delineating the roles and responsibilities 
of each office with respect to policy and guidance for communications-
related expenditures with grant funds.''.
          (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 title the following:

``Sec. 1811. Memorandum of understanding on emergency 
communications.''.

SEC. 543. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.

  (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is further amended by adding at the end of the 
following new section:

``SEC. 530. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
                    MODERNIZATION.

  ``(a) In General.--In order to provide timely and effective warnings 
and disseminate homeland security and other information, the Secretary 
shall--
          ``(1) establish a national integrated public alert and 
        warning system (in this section referred to as `the system') 
        not later than one year after the date of the enactment of this 
        section; and
          ``(2) designate an agency within the Department to receive, 
        aggregate, validate, and authenticate homeland security and 
        other information originated by authorized Federal, State, 
        local, and tribal governments to facilitate the transmission of 
        the Personalized Localized Alerting Network.
  ``(b) Implementation Requirements.--In carrying out subsection (a), 
the Secretary shall--
          ``(1) establish, as appropriate, common alerting and warning 
        protocols, standards of performance, and terminology for the 
        system established under subsection (a)(1) by adopting, where 
        appropriate, mechanisms that integrate various approaches 
        developed by key stakeholders;
          ``(2) include in the system the capability to adapt the 
        dissemination of homeland security and other information and 
        the content of communications on the basis of geographic 
        location, risks, or user preferences, as appropriate;
          ``(3) include in the system the capability to alert and warn 
        individuals with disabilities and access and functional needs;
          ``(4) ensure that the system is incorporated into the 
        training and exercise programs of the Department; and
          ``(5) coordinate, to the extent practicable, with other 
        Federal agencies and departments and with State, local, and 
        tribal governments, and other key stakeholders to leverage 
        existing alert and warning capabilities.
  ``(c) System Requirements.--The Secretary shall ensure that the 
system--
          ``(1) incorporates redundant and diverse modes to disseminate 
        homeland security and other information in warning messages to 
        the public so as to reach the greatest number of individuals;
          ``(2) can be adapted to incorporate future technologies;
          ``(3) is resilient, secure, and can withstand acts of 
        terrorism and other external attacks;
          ``(4) delivers alerts to populations in remote areas; and
          ``(5) promotes State, local, tribal, and regional 
        partnerships to enhance coordination.
  ``(d) Report.--Not later than one year after the date on which the 
system established under subsection (a) is fully functional and every 
six months thereafter, the Secretary shall report to the Committee on 
Homeland Security of the House of Representatives and the Homeland 
Security and Governmental Affairs Committee of the Senate on the 
functionality and performance of the integrated public alert and 
warning system, including--
          ``(1) an assessment of the accomplishments and deficiencies 
        of the system;
          ``(2) recommendations for improvements to the system; and
          ``(3) information on the feasibility and effectiveness of 
        disseminating homeland security and other information, notices, 
        and alerts prior to and following an incident requiring use of 
        the system.''.
  (b) 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 
title the following:

``Sec. 530. National integrated public alert and warning system 
modernization.''.

  (c) Limitation on Statutory Construction.--Nothing in this Act 
(including the amendment made by this Act) shall be construed to affect 
the authority of the Department of Commerce, the Federal Communications 
Commission, or the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act.
  (d) Homeland Security Grants.--Section 2008(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)) is amended--
          (1) in paragraph (12), by striking ``and'' at the end;
          (2) by redesignating paragraph (13) as paragraph (14); and
          (3) by inserting after paragraph (12) the following new 
        paragraph:
          ``(13) improving public alert and warning capabilities; 
        and''.

               Subtitle D--Broadband for First Responders

SEC. 561. ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES.

  (a) Spectrum Allocation.--Section 337(a) of the Communications Act of 
1934 (47 U.S.C. 337(a)) is amended--
          (1) in paragraph (1), by striking ``24'' and inserting 
        ``34''; and
          (2) in paragraph (2), by striking ``36'' and inserting 
        ``26''.
  (b) Assignment.--Section 337(b) of the Communications Act of 1934 (47 
U.S.C. 337(b)) is amended to read as follows:
  ``(b) Assignment.--
          ``(1) In general.--Not later than 60 days after the date of 
        enactment of the Department of Homeland Security Authorization 
        Act for Fiscal Year 2012, the Commission shall allocate the 
        paired electromagnetic spectrum bands of 758 09763 megahertz 
        and 788 09793 megahertz for public safety broadband 
        communications and shall license such paired bands to the 
        public safety broadband licensee.
          ``(2) Establishment of rules.--
                  ``(A) In general.--The Commission shall establish 
                rules to permit the public safety broadband licensee to 
                authorize providers of public safety services to 
                construct and operate a wireless public safety 
                broadband network in the spectrum licensed to the 
                public safety broadband licensee if the public safety 
                broadband licensee determines that such authorization 
                would expedite the deployment of public safety 
                broadband communications.
                  ``(B) Network requirements.--The Commission shall 
                require that any such wireless public safety broadband 
                network shall--
                          ``(i) be fully interoperable and remain 
                        interoperable with, and in conformance with the 
                        same broadband technology standards as, all 
                        other public safety broadband systems deployed 
                        or authorized;
                          ``(ii) provide for roaming by local, State, 
                        tribal, and Federal governments and other 
                        authorized users of the spectrum licensed to 
                        the public safety broadband licensee;
                          ``(iii) provide priority access to public 
                        safety agencies;
                          ``(iv) be built to survive most large-scale 
                        disasters;
                          ``(v) ensure that networks of such systems 
                        have the appropriate level of cyber security;
                          ``(vi) ensure that authorized users have 
                        control over all local network uses consistent 
                        with rules established by the Commission; and
                          ``(vii) be consistent with the Statewide 
                        Interoperable Communications Plans adopted by 
                        each State and the National Emergency 
                        Communications Plan, as adopted by the 
                        Department of Homeland Security.
                  ``(C) Deadlines.--
                          ``(i) Rules.--The Commission shall establish 
                        rules under this paragraph not later than 9 
                        months after the date of enactment of the 
                        Department of Homeland Security Authorization 
                        Act for Fiscal Year 2012.
                          ``(ii) Report.--
                                  ``(I) In general.--Not later than 60 
                                days after the date of enactment of the 
                                Department of Homeland Security 
                                Authorization Act for Fiscal Year 2012, 
                                the public safety broadband licensee 
                                shall submit a report to the 
                                appropriate committees of Congress on 
                                the phased network deployment plan of 
                                such spectrum bands.
                                  ``(II) Definitions.--For purposes of 
                                subclause (I), the term `appropriate 
                                committees of Congress' means the 
                                Committee on Homeland Security of the 
                                House of Representatives and any other 
                                committee of the House of 
                                Representatives or the Senate having 
                                legislative jurisdiction under the 
                                Rules of the House of Representatives 
                                or the Senate, respectively, over the 
                                matter concerned.''.
  (c) Network-Sharing Agreements.--Section 337 of the Communications 
Act of 1934 (47 U.S.C. 337) is amended--
          (1) by redesignating subsection (f) as subsection (g); and
          (2) by inserting after subsection (e) the following:
  ``(f) Rulemaking Required.--The Commission shall establish 
regulations to--
          ``(1) authorize the shared use of the public safety broadband 
        spectrum and network infrastructure by entities that are not 
        defined as public safety services in subsection (g)(1), subject 
        to the requirement that public safety services retain priority 
        access to the spectrum, pursuant to procedures adopted by the 
        Commission, so long as the needs of other governmental entities 
        needs are considered before commercial entities; and
          ``(2) allow use of the public safety broadband spectrum by 
        emergency response providers, as defined in section 2 of the 
        Homeland Security Act of 2002 (6 U.S.C. 101).''.
  (d) Definition.--Section 337(g) of the Communications Act of 1934 (as 
so redesignated) is amended--
          (1) by redesignating paragraphs (1) and (2) as paragraphs (3) 
        and (4), respectively; and
          (2) by inserting before paragraph (3), as so redesignated, 
        the following:
          ``(1) Public safety broadband licensee.--The term `public 
        safety broadband licensee' means a licensee as defined by the 
        Commission in its Second Report and Order adopted July 31, 2007 
        (FCC 07 09132), and selected in the Commission's Order adopted 
        November 19, 2007 (FCC 07 09199), by the Commission to be the 
        licensee for spectrum between 763 09768 and 793 09798 
        megahertz.
          ``(2) Public safety broadband spectrum.--The term `public 
        safety broadband spectrum' means the electromagnetic spectrum 
        between 758 megahertz and 768 megahertz, inclusive, and 788 
        megahertz and 798 megahertz, inclusive, and any additional 
        electromagnetic frequencies allocated by the Commission for 
        public safety broadband use.''.

SEC. 562. STANDARDS.

  (a) Interoperability Requirements.--To enhance domestic preparedness 
for and collective response to a catastrophic incident, not later than 
180 days after the date of enactment of this Act, the Chairman of the 
Federal Communications Commission, in coordination with the Secretary 
and in consultation with the Director of the National Institute of 
Standards and Technology, the Attorney General, and local, State, 
tribal, and Federal public safety agencies, shall develop a public 
safety agency statement of requirements that enables nationwide 
interoperability and roaming across any communications system using 
public safety broadband spectrum, as defined in section 337(g) of the 
Communications Act of 1934.
  (b) Specifications.--The Secretary, in coordination with the Director 
of the National Institute of Standards and Technology, shall establish 
an appropriate standard, or set of standards, for enhancing domestic 
preparedness for and collective response to a catastrophic incident and 
meeting the public safety agency statement requirements developed under 
subsection (a), taking into consideration--
          (1) the extent to which particular technologies and user 
        equipment are, or are likely to be, available in the commercial 
        marketplace;
          (2) the availability of necessary technologies and equipment 
        on reasonable and nondiscriminatory licensing terms;
          (3) the ability to evolve with technological developments in 
        the commercial marketplace;
          (4) the ability to accommodate prioritization for public 
        safety transmissions;
          (5) the ability to accommodate appropriate security measures 
        for public safety transmissions; and
          (6) any other considerations the Federal Communications 
        Commission deems appropriate.

SEC. 563. RULE OF CONSTRUCTION.

  Nothing in this Act, or the amendments made by this Act, shall be 
construed to overturn, supersede, or otherwise preempt the Federal 
Communication Commission's Order adopted on November 19, 2007 (FCC 07 
09199), setting forth the roles and responsibilities of the public 
safety broadband licensee (as such term is defined in section 337(g) of 
the Communications Act of 1934) and the Federal Communications 
Commission, except that the following may, by rule or order, be 
modified by the Commission:
          (1) Any organization seeking membership to the board of 
        directors of the public safety broadband licensee may be voted 
        in by a simple majority of the then serving members of the 
        board of directors.
          (2) The board of directors of the public safety broadband 
        licensee shall include the following organizations:
                  (A) International Association of Chiefs of Police.
                  (B) International Association of Fire Chiefs.
                  (C) National Sheriffs' Association.
                  (D) International Association of Fire Fighters.
                  (E) National Volunteer Fire Council.
                  (F) Fraternal Order of Police.
                  (G) Major Cities Chiefs Association.
                  (H) Metropolitan Fire Chiefs Association.
                  (I) Major County Sheriffs' Association.
                  (J) Association of Public-Safety Communications 
                Officials, International.
                  (K) National Emergency Management Association.
                  (L) International Association of Emergency Managers.
                  (M) Police Executive Research Forum.
                  (N) National Criminal Justice Association.
                  (O) National Association of Police Organizations.
                  (P) National Organization of Black Law Enforcement 
                Executives.
                  (Q) Association of Air Medical Services.
                  (R) Advocates for Emergency Medical Services.
                  (S) Emergency Nurses Association.
                  (T) National Association of Emergency Medical 
                Services Physicians.
                  (U) National Association of Emergency Medical 
                Technicians.
                  (V) National Association of State Emergency Medical 
                Service Officials.
                  (W) National Emergency Medical Services Management 
                Association.
                  (X) International Municipal Signal Association.
                  (Y) American Probation and Parole Association.
                  (Z) National Governors Association.
                  (AA) National Association of Counties.
                  (BB) National League of Cities.
                  (CC) United States Conference of Mayors.
                  (DD) Council of State Governments.
                  (EE) International City/County Managers Association.
                  (FF) National Conference of State Legislatures.
                  (GG) National Association of Regional Councils.
                  (HH) Utilities Telecom Council.
                  (II) American Association of State Highway 
                Transportation Officials.
                  (JJ) American Hospital Association.
                  (KK) Forestry Conservation Communications 
                Association.
                  (LL) National Association of State 911 
                Administrators.
                  (MM) National Troopers Coalition.
                  (NN) National Emergency Numbers Association.

SEC. 564. FUNDING.

  (a) Establishment of Funds.--
          (1) Construction fund.--
                  (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                Public Safety Interoperable Broadband Network 
                Construction Fund.
                  (B) Purpose.--The Secretary shall establish and 
                administer the grant program under section 565 using 
                the funds deposited in the Construction Fund.
                  (C) Credit.--
                          (i) Borrowing authority.--The Secretary may 
                        borrow from the general fund of the Treasury 
                        beginning on October 1, 2011, such sums as may 
                        be necessary, but not to exceed $2,000,000,000, 
                        to implement section 565.
                          (ii) Reimbursement.--The Secretary of the 
                        Treasury shall reimburse the general fund of 
                        the Treasury, without interest, for any amounts 
                        borrowed under clause (i) as funds are 
                        deposited into the Construction Fund, but in no 
                        case later than December 31, 2014.
          (2) Maintenance and operation fund.--
                  (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                Public Safety Interoperable Broadband Network 
                Maintenance and Operation Fund.
                  (B) Purpose.--The Secretary shall use the funds 
                deposited in the Maintenance and Operation Fund to 
                carry out section 566 and section 569(c).
  (b) Initial Distribution of Auction Proceeds in Funds.--
Notwithstanding subparagraphs (A) and (D) of section 309(j)(8) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Secretary of the 
Treasury shall deposit the proceeds (including deposits and upfront 
payments from successful bidders) from the auction of the spectrum 
described in section 568 in the following manner:
          (1) All proceeds less than or equal to $5,500,000,000 shall 
        be deposited in the Construction Fund and shall be made 
        available to the Secretary without further appropriations.
          (2) Any proceeds exceeding $5,500,000,000 shall be deposited 
        in the Maintenance and Operation Fund and shall be made 
        available to the Secretary without further appropriations.
  (c) Transfer of Funds at Completion of Construction.--The Secretary 
of the Treasury shall transfer to the Maintenance and Operation Fund 
any funds remaining in the Construction Fund after the date of the 
completion of the construction phase, as determined by the Secretary.
  (d) Transfer of Funds to Treasury.--The Secretary of the Treasury 
shall transfer to the general fund of the Treasury any funds remaining 
in the Maintenance and Operation Fund after the end of the 10-year 
period following receipt of notice by the Secretary that construction 
of the nationwide public safety interoperable broadband network has 
been completed.
  (e) Authorization of Appropriations.--
          (1) Construction fund.--There are authorized to be 
        appropriated to the Secretary for deposit in the Construction 
        Fund in and after fiscal year 2012 an amount not to exceed the 
        amount set forth in paragraph (3).
          (2) Maintenance and operation fund.--There are authorized to 
        be appropriated to the Secretary for deposit in the Maintenance 
        and Operation Fund in and after fiscal year 2012 an amount not 
        to exceed the amount set forth in paragraph (3).
          (3) Limitation.--The authorization of appropriations under 
        paragraphs (1) and (2) may not exceed a total of 
        $5,500,000,000.

SEC. 565. PUBLIC SAFETY INTEROPERABLE BROADBAND NETWORK CONSTRUCTION.

  (a) Construction Grant Program Establishment.--To enhance domestic 
preparedness for and collective response to a catastrophic incident, 
the Secretary shall take such action as is necessary to establish a 
grant program to assist public safety entities to establish a 
nationwide public safety interoperable broadband network in the 700 
megahertz band.
  (b) Projects.--The projects for which construction grants may be made 
under this section are the following:
          (1) Construction of a new public safety interoperable 
        broadband network using public safety infrastructure or 
        commercial infrastructure, or both, in the 700 megahertz band.
          (2) Improvement of the existing public safety and commercial 
        networks and construction of new infrastructure to meet public 
        safety requirements.
  (c) Matching Requirements.--
          (1) Federal share.--The Federal share of the cost of carrying 
        out a project under this section may not exceed 80 percent of 
        the eligible costs of carrying out a project, as determined by 
        the Secretary in consultation with the Chairman of the Federal 
        Communications Commission.
          (2) Non-federal share.--The non-Federal share of the cost of 
        carrying out a project under this section may be provided 
        through an in-kind contribution.
  (d) Requirements.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall establish grant program 
requirements including the following:
          (1) Defining entities that are eligible to receive a grant 
        under this section.
          (2) Defining eligible costs for purposes of subsection 
        (c)(1).
          (3) Determining the scope of network infrastructure eligible 
        for grant funding under this section.
          (4) Conditioning grant funding on compliance with the Federal 
        Communications Commission's license terms.
          (5) Ensuring that all grant funds are in compliance with and 
        support the goals of the National Emergency Communications Plan 
        and the Statewide Communication Interoperability Plans for each 
        State and territory.
  (e) Technical Assistance.--The Secretary shall enhance the Office of 
Emergency Communications Technical Assistance Program to assist 
grantees with best practices and guidance in implementing these 
projects.

SEC. 566. PUBLIC SAFETY INTEROPERABLE BROADBAND MAINTENANCE AND 
                    OPERATION.

  (a) Maintenance and Operation Reimbursement Program.--The Secretary 
shall administer a program through which not more than 50 percent of 
maintenance and operational expenses associated with the public safety 
interoperable broadband network may be reimbursed from the Maintenance 
and Operation Fund for those expenses that are attributable to the 
maintenance, operation, and improvement of the public safety 
interoperable broadband network.
  (b) Report.--Not later than 7 years after the commencement of the 
reimbursement program established under subsection (a), the Secretary 
shall submit to Congress a report on whether to continue to provide 
funding for the Maintenance and Operation Fund following completion of 
the period provided for under section 564(d).

SEC. 567. AUDITS.

  (a) In General.--Not later than 3 years after the date of enactment 
of this Act, and every 3 years thereafter, the Comptroller General of 
the United States shall perform an audit of the financial statements, 
records, and accounts of the--
          (1) Public Safety Interoperable Broadband Network 
        Construction Fund established under section 564(a)(1);
          (2) Public Safety Interoperable Broadband Network Maintenance 
        and Operation Fund established under section 564(a)(2);
          (3) construction grant program established under section 565; 
        and
          (4) maintenance and operation grant program established under 
        section 566.
  (b) GAAP.--Each audit required under subsection (a) shall be 
conducted in accordance with generally accepted accounting procedures.
  (c) Report to Congress.--A copy of each audit required under 
subsection (a) shall be submitted to the appropriate committees of 
Congress.

SEC. 568. AUCTION OF SPECTRUM TO FUND THE INTEROPERABLE BROADBAND 
                    NETWORK CONSTRUCTION FUND AND THE OPERATION AND 
                    MAINTENANCE FUND.

  (a) Reallocation of Spectrum.--Not later than 1 year after the date 
of enactment of this Act, the Assistant Secretary shall reallocate for 
commercial use electromagnetic spectrum at 1755 091780 megahertz.
  (b) Auction.--Not later than 18 months after the date of enactment of 
this Act, the Federal Communications Commission shall establish rules 
for pairing electromagnetic spectrum bands at 1755 091780 megahertz and 
2155 092180 megahertz, inclusive, and auction the licenses for such 
paired spectrum in accordance with section 309(j) of the Communications 
Act of 1934.

SEC. 569. EXTENSION OF AUCTION AUTHORITY AND ASSURANCE OF OPEN 
                    AUCTIONS.

  (a) Extension of Auction Authority.--Section 309(j)(11) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by 
striking ``2012'' and inserting ``2020''.
  (b) Eligibility.--The Federal Communications Commission shall ensure 
that no bidder is deemed ineligible for or otherwise excluded from an 
auction specified in this Act, or any other competitive bidding process 
under section 309(j) of the Communications Act of 1934, on account of 
its size or the amount of its other spectrum holdings.

SEC. 570. DEFINITIONS.

  In this subtitle:
          (1) The term ``Assistant Secretary'' means the Assistant 
        Secretary of Commerce for Communications and Information.
          (2) The term ``appropriate committees of Congress'' means the 
        Committee on Homeland Security of the House of Representatives 
        and any other committee of the House of Representatives or the 
        Senate having legislative jurisdiction under the Rules of the 
        House of Representatives or the Senate, respectively, over the 
        matter concerned.
          (3) The term ``catastrophic incident'' has the meaning given 
        such term in section 501(3) of the Homeland Security Act of 
        2002 (6 U.S.C. 311(3)).
          (4) The term ``Construction Fund'' means the Public Safety 
        Interoperable Broadband Network Construction Fund established 
        under section 564(a)(1).
          (5) The term ``Maintenance and Operation Fund'' means the 
        Public Safety Interoperable Broadband Network Maintenance and 
        Operation Fund established under section 564(a)(2).
          (6) The term ``Secretary'' means the Secretary of Homeland 
        Security unless otherwise indicated.

                  Subtitle E--Miscellaneous Provisions

SEC. 581. AUDIT OF THE NATIONAL LEVEL EXERCISE.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Inspector General of the Department of Homeland 
Security shall conduct--
          (1) an audit of expenses associated with the 2010 and 2011 
        National Level Exercises, including costs of planning and 
        executing the exercise scenario; and
          (2) a review of whether the Federal Emergency Management 
        Agency is incorporating lessons learned from national exercises 
        into training, planning, and other operations.
  (b) Report.--The Inspector General shall submit a report on the 
findings of the audit and review to the appropriate congressional 
committees.

SEC. 582. FEMA REPORT TO CONGRESS ON SOURCING AND DISTRIBUTION OF 
                    DISASTER RESPONSE GOODS AND SERVICES.

  Not later than 90 days after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall submit 
to the appropriate congressional committees a report on the Agency's 
progress in improving sourcing for disaster response goods and 
services, including on--
          (1) the adoption of a single-point ordering concept as 
        recommended by the Department of Homeland Security Inspector 
        General;
          (2) investment in information technology systems to support 
        single-point ordering and make sourcing and supply movement 
        transparent as recommended by the Department of Homeland 
        Security Inspector General;
          (3) development of an overarching strategy for the sourcing 
        of disaster response goods and services; and
          (4) other steps taken by the Agency to promote efficiency in 
        sourcing and distribution, and to eliminate duplication and 
        waste of essential goods and services during response to a 
        disaster.

SEC. 583. RURAL RESILIENCE INITIATIVE.

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

``SEC. 2111. RURAL RESILIENCE INITIATIVE.

  ``(a) In General.--The Under Secretary for Science and Technology of 
the Department of Homeland Security shall conduct research intended to 
assist State, local, and tribal leaders and the private sector in 
developing the tools and methods to enhance rural preparation for, and 
response and resilience to, terrorist attacks and other incidents.
  ``(b) Included Activities.--Activities under this section may 
include--
          ``(1) research and implementation through outreach activities 
        with rural communities;
          ``(2) an examination of how communities employ resilience 
        capabilities and response assets;
          ``(3) development and use of a community resilience baseline 
        template for determining the resilience capacity of a rural 
        community;
          ``(4) a plan to address community needs for resilience;
          ``(5) an education program for community leaders and first 
        responders about their resilience capacity and mechanisms for 
        mitigation, including via distance learning; and
          ``(6) a mechanism by which this research can serve as a model 
        for adoption by communities across the Nation.''.
  (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:

``Sec. 2111. Rural resilience initiative.''.

SEC. 584. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

  Section 1204 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1102) is amended--
          (1) in subsection (b)(6), by striking ``the Transportation 
        Technology Center, Incorporated, in Pueblo, Colorado'' and 
        inserting ``the Railroad Research Foundation'';
          (2) in subsection (c), by inserting ``(including medical 
        readiness training)'' after ``deliver training'';
          (3) in subsection (d)(1)--
                  (A) in subparagraph (C), by striking ``and'' at the 
                end; and
                  (B) by inserting after subparagraph (D) the following 
                new subparagraph:
                  ``(E) $62,500,000 for fiscal year 2012; and''; and
          (4) in subsection (d)(2)--
                  (A) in subparagraph (C), by striking ``and'' at the 
                end;
                  (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                  (C) by adding at the end the following new 
                subparagraph:
                  ``(E) $22,000,000 for fiscal year 2012.''.

SEC. 585. TECHNICAL CORRECTION.

  Section 525(a) of the Homeland Security Act of 2002 (6 U.S.C. 
321n(a)) is amended by inserting ``, acting through the 
Administrator,'' after ``Secretary''.

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.

  The Administrator of the Federal Emergency Management Agency, or the 
Administrator's duly appointed representative, shall certify to the 
Department of the Treasury that any recipient of disaster funds subject 
to recoupment received a notice of debt and opportunity to appeal prior 
to the Federal Emergency Management Agency forwarding the debt to the 
Department of the Treasury.

SEC. 587. CONFORMING AMENDMENT.

  Section 316 of the Homeland Security Act of 2002 (6 U.S.C. 195b), and 
the item relating to such section in section 1(b) of such Act, are 
repealed.

SEC. 588. DELEGATION OF AUTHORITIES TO THE REGIONAL OFFICES REVIEW.

  (a) In General.--The Inspector General of the Department shall audit 
how all regional offices within the Federal Emergency Management Agency 
are carrying out delegated authorities pursuant to the Post-Katrina 
Emergency Management and Reform Act of 2006 and a memorandum executed 
in July 2009 by the Administrator.
  (b) Contents.--The audit shall assess, at a minimum, the following:
          (1) The ability of each regional office to--
                  (A) coordinate, on an ongoing basis, with State, 
                local, and tribal governments, emergency response 
                providers, and other appropriate entities to identify 
                and address regional priorities;
                  (B) foster better regional operable and interoperable 
                emergency communications capabilities;
                  (C) support coordinated and integrated Federal 
                preparedness, protection, response, recovery, and 
                mitigation capabilities to respond to natural 
                disasters, acts of terrorism, and other manmade 
                disasters within that region;
                  (D) identify critical gaps in regional capabilities 
                to respond to populations with special needs;
                  (E) conduct all procurements in a timely and secure 
                manner that prevents waste and fraud and is consistent 
                with Federal Emergency Management Agency procurement 
                policies and programs;
                  (F) engage in employment practices that are 
                consistent with Federal requirements and are 
                transparent, efficient, and ethical; and
                  (G) effectively conduct ongoing oversight of the use 
                of homeland security grants and funding within the 
                region to promote greater preparedness and response 
                capabilities and prevent waste and fraud.
          (2) The impact of the delegation of authorities on the 
        Administrator's ability to achieve consistency throughout the 
        regions.
          (3) The adequacy of oversight by the Administrator of how the 
        regions are executing the delegated authorities and carrying 
        out assigned responsibilities.
          (4) The impact of the delegation of authorities on the 
        Federal Emergency Management Agency and specific regions to 
        address the recommendations of the Office of Inspector General 
        and the Comptroller General of the United States in a timely 
        manner.

SEC. 589. LESSONS LEARNED FOR NATIONAL LEVEL EXERCISES.

  The Administrator of the Federal Emergency Management Agency shall 
provide electronically, to the maximum extent practicable, lessons 
learned reports to each designated representative of participating 
State, local, and tribal jurisdictions and private sector entities that 
participate in National Level Exercises of the Department. At the time 
the Administrator provides such reports to participating jurisdictions, 
the Administrator shall also provide the reports electronically to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate. 
Each lessons learned report shall be tailored to convey information on 
that exercise that could be leveraged to enhance preparedness and 
response.

SEC. 590. SYSTEM ASSESSMENT AND VALIDATION FOR EMERGENCY RESPONDERS.

  The Under Secretary for Science and Technology of the Department 
shall establish and maintain a program for system assessment and 
validation of emergency responder equipment, which shall be known as 
the ``SAVER Program''. The Under Secretary shall ensure that such 
program--
          (1) conducts objective, impartial, practitioner-relevant, and 
        operationally oriented assessments and validations of 
        commercial emergency responder equipment and systems;
          (2) is supported by a network of technical entities that 
        coordinate emergency responder participation to perform the 
        assessment and validation activities using robust scientific 
        and testing protocols;
          (3) in coordination with the Administrator of the Federal 
        Emergency Management Agency, identifies emergency responder 
        equipment information needs and prioritizes equipment to be 
        assessed;
          (4) provides quantitative results along with other relevant 
        equipment information to the emergency response provider 
        community in an operationally useful form;
          (5) provides information on equipment that falls within the 
        categories listed in the Department's authorized equipment 
        list;
          (6) provides information that enables decision-makers and 
        responders to better select, procure, use, and maintain 
        emergency responder equipment; and
          (7) shares such information nationally with the emergency 
        response provider community at the Federal, State, and local 
        levels.

SEC. 591. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE.

  Section 1205(d) of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1103(d)) is amended--
          (1) in paragraph (3), by striking ``and'' at the end;
          (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
          (3) by adding at the end the following new paragraphs:
          ``(5) $18,000,000 for fiscal year 2012;
          ``(6) $18,000,000 for fiscal year 2013; and
          ``(7) $18,000,000 for fiscal year 2014.''.

SEC. 592. MENTAL HEALTH COUNSELING FOR DISASTER VICTIMS.

  The Secretary shall conduct a review on the activities associated 
with mental health counseling for disaster victims to ensure that 
policies, procedures, and coordination efforts of the Department are 
adequate and serve the interests of disaster victims.

SEC. 593. EFFECTIVENESS OF CERTAIN DISASTER PREPARATION.

  The Comptroller General of the United States shall conduct a study 
evaluating the effectiveness of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) relating to 
disaster housing programs and collaboration and coordination between 
the Federal Emergency Management Agency and the Department of Housing 
and Urban Development.

                  TITLE VI--BORDER SECURITY PROVISIONS

SEC. 601. DEFINITIONS.

  In this title:
          (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection of the 
        Department of Homeland Security.
          (2) Major violator.--The term ``major violator'' means a 
        person or entity that is or has engaged in serious criminal 
        activities at any land, air, or sea port of entry, including 
        possession of narcotics, smuggling of prohibited products, 
        human smuggling, weapons possession, use of fraudulent United 
        States documents, and other offenses serious enough to result 
        in arrest.
          (3) Northern border.--The term ``northern border'' means the 
        international border between the United States and Canada.
          (4) Operational control.--The term ``operational control'' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109 09367).
          (5) Southern border.--The term ``southern border'' means the 
        international border between the United States and Mexico.

SEC. 602. STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF THE BORDER.

  (a) Strategy to Secure the Border Between the Ports of Entry.--Not 
later than 180 days after the date of the enactment of this Act, the 
Secretary shall submit to the appropriate congressional committees a 
comprehensive strategy for gaining, within five years, operational 
control of the international borders between the ports of entry of the 
United States. The strategy shall include an analysis of the following:
          (1) Staffing requirements for all border security functions.
          (2) Investment in infrastructure, including pedestrian 
        fencing, vehicle barriers, and roads.
          (3) The use of unmanned aerial vehicles, camera technology, 
        sensors, and other innovative technology as the Secretary may 
        determine.
          (4) Cooperative agreements with international, State, local, 
        tribal, and other Federal law enforcement agencies that have 
        jurisdiction on the northern border and southern border.
          (5) Other means designed to detect, respond to, and interdict 
        unlawful cross-border activity and to reduce the level of 
        violence.
          (6) A schedule for implementing security measures, including 
        a prioritization for future investments.
          (7) A comprehensive technology plan for major surveillance 
        and detection technology programs, including a justification 
        and rationale for technology choices and deployment locations.
          (8) The feasibility of using existing Tethered Aerostat Radar 
        Systems for use along the southwest border.
  (b) Securing the Border at Ports of Entry.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary shall 
develop metrics to measure the effectiveness of security at ports of 
entry, which shall consider, at minimum, the following:
          (1) The number of infractions related to personnel and cargo 
        committed by major violators who are apprehended by U.S. 
        Customs and Border Protection at such ports of entry.
          (2) The estimated number of such infractions committed by 
        major violators who are not so apprehended.
          (3) The required number of U.S. Customs and Border Protection 
        Officers, Agricultural Specialists, and Canine Enforcement 
        Officers necessary to achieve operational control at such ports 
        of entry.
          (4) Infrastructure improvements required to achieve 
        operational control at such ports of entry, including the 
        installation of nonintrusive detection equipment, radiation 
        portal monitors, biometrics, and other sensors and technology 
        that the Secretary determines necessary.
          (5) The deployment of resources based on the overall 
        commercial and passenger traffic, cargo volume, and threat 
        environment at such ports of entry.
  (c) Evaluation by National Laboratory.--The Secretary shall submit a 
request to a Department of Energy national laboratory with appropriate 
expertise in border security to evaluate the suitability and 
statistical validity of the measurement system required under 
subsection (b) for analyzing progress in the interdiction of unlawful 
crossings and contraband at ports of entry.
  (d) Consideration of Alternative Border Security Standards.--If in 
developing the strategic plan required under subsection (a) the 
Secretary determines to measure security between ports of entry by a 
standard other than operational control, the Secretary shall submit a 
request to a Department of Energy national laboratory with appropriate 
expertise in border security to evaluate the suitability and 
statistical validity of the measurement system required under 
subsection (b) for analyzing progress in the interdiction of unlawful 
crossings and contraband at ports of entry.
  (e) Reports.--Not later than 90 days after the date of the enactment 
of this Act and annually thereafter, the Secretary shall submit to the 
appropriate congressional committees a report on the following:
          (1) A resource allocation model for current and future year 
        staffing requirements that includes optimal staffing levels at 
        all land, air, and sea ports of entry and an explanation of 
        U.S. Customs and Border Protection methodology for aligning 
        staffing levels and workload to threats and vulnerabilities 
        across all mission areas.
          (2) Detailed information on the level of manpower data 
        available at all land, air, and sea ports of entry, including 
        the number of canine and agricultural officers assigned to each 
        such port of entry.
  (f) Priority.--In making infrastructure improvements at ports of 
entry in accordance with subsection (b)(4), the Commissioner of U.S. 
Customs and Border Protection, in coordination with the heads of 
relevant Federal departments and agencies, shall give priority to those 
ports of entry determined to be in most need of repair in order to 
improve border security and for other purposes in accordance with port 
of entry infrastructure assessment studies required in section 603 of 
the Border Infrastructure and Technology Modernization Act of 2007 
(enacted as title VI of division E of the Consolidated Appropriations 
Act, 2008 (Public Law 110 09161)).

SEC. 603. MAINTAINING BORDER PATROL STAFFING.

  (a) In General.--Subject to the availability of appropriations, for 
each of fiscal years 2012 and 2013, the Secretary shall maintain a 
force of not fewer than 21,300 Border Patrol agents and sufficient 
support staff for such agents, including mechanics, administrative 
support, and surveillance personnel.
  (b) Northern Border.--Of the Border Patrol agents referred to in 
subsection (a), not fewer than 2,200 of such agents shall be assigned 
to the northern border.
  (c) Deployment.--The Commissioner of U.S. Customs and Border 
Protection shall take into account apprehension rates, unlawful border 
crossings, and the number of apprehensions of aliens unlawfully present 
in the United States per Border Patrol agent when determining the 
deployment locations of the Border Patrol agents referred to in 
subsection (a).

SEC. 604. JAIME ZAPATA BORDER ENFORCEMENT SECURITY TASK FORCE.

  (a) Establishment.--There is established in United States Immigration 
and Customs Enforcement (ICE) a program known as a Border Enforcement 
Security Task Force (referred to as ``BEST'').
  (b) Purpose.--The purpose of the BEST program is to establish units 
to enhance border security by addressing and reducing border security 
threats and violence by--
          (1) facilitating collaboration among Federal, State, local, 
        tribal, and foreign law enforcement agencies to execute 
        coordinated activities in furtherance of border security, and 
        homeland security; and
          (2) enhancing information-sharing, including the 
        dissemination of homeland security information among such 
        agencies.
  (c) Composition and Designation.--
          (1) Composition.--BEST units may be comprised of personnel 
        from--
                  (A) United States Immigration and Customs 
                Enforcement;
                  (B) United States Customs and Border Protection;
                  (C) the Coast Guard;
                  (D) other Federal agencies, as appropriate;
                  (E) appropriate State law enforcement agencies;
                  (F) foreign law enforcement agencies, as appropriate;
                  (G) local law enforcement agencies from affected 
                border cities and communities; and
                  (H) appropriate tribal law enforcement agencies.
          (2) Designation.--The Secretary is authorized to establish 
        BEST units in jurisdictions where such units can contribute to 
        the BEST program's missions. Prior to establishing a BEST unit, 
        the Assistant Secretary shall consider the following factors:
                  (A) Whether the area where the BEST unit would be 
                established is significantly impacted by cross-border 
                threats.
                  (B) The availability of Federal, State, local, 
                tribal, and foreign law enforcement resources to 
                participate in the BEST unit.
                  (C) The extent to which border security threats are 
                having a significant harmful impact in the jurisdiction 
                in which the BEST unit is to be established, and other 
                jurisdictions of the country.
                  (D) Whether or not an Integrated Border Enforcement 
                Team already exists in the area where the BEST unit 
                would be established.
  (d) Operation.--After making a designation under subsection (d)(2), 
and in order to provide Federal assistance to the area so designated, 
the Secretary may--
          (1) obligate such sums as are appropriated for the BEST 
        program;
          (2) direct the assignment of Federal personnel to the BEST 
        program, subject to the approval of the head of the department 
        or agency that employs such personnel; and
          (3) take other actions to assist State, local, tribal, and 
        foreign jurisdictions to participate in the BEST program.
  (e) Report.--Not later than 180 days after the date of the 
establishment of the BEST program under subsection (b) and annually 
thereafter, the Secretary shall submit to Congress a report on the 
effectiveness of the BEST program in enhancing border security and 
reducing the drug trafficking, arms smuggling, illegal alien 
trafficking and smuggling, violence, and kidnapping along and across 
the international borders of the United States as measured by crime 
statistics, including violent deaths, incidents of violence, and drug-
related arrests.
  (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $15,400,000 for 
fiscal year 2012 over amounts that are otherwise authorized to be 
appropriated for this purpose. The $15,400,000 in funds utilized to 
fund U.S. Immigration and Customs Enforcement's border enforcement 
security task force, better known as ``BEST Teams'', will be taken from 
the cancellation of the Department's Advanced Spectroscopic Portal 
Program, or ASP.

SEC. 605. COST-EFFECTIVE TRAINING FOR BORDER PATROL AGENTS.

  (a) Government Accountability Office Review.--Not later than 90 days 
after the date of the enactment of this Act, the Comptroller General of 
the United States shall conduct a review of the basic training provided 
by United States Customs and Border Protection to Border Patrol agents 
to ensure that such training is being conducted as efficiently and 
cost-effectively as possible.
  (b) Contents of Review.--The review shall include the following:
          (1) An evaluation of the appropriateness of the length and 
        content of the basic training curriculum provided by the 
        Federal Law Enforcement Training Center to new Border Patrol 
        agents.
          (2) An evaluation of the appropriateness and a detailed 
        breakdown of the costs incurred by United States Customs and 
        Border Protection and the Federal Law Enforcement Training 
        Center to train one new Border Patrol agent.
          (3) A cost and effectiveness of training comparison with 
        other similar law enforcement training programs provided by 
        State and local agencies, non-profit organizations, 
        universities, and the private sector.
          (4) Recommendations to increase the number of Border Patrol 
        agents trained per year, and to reduce the per-agent costs of 
        basic training--
                  (A) through utilization of comparable training 
                programs sponsored by State and local agencies, non-
                profit organizations, universities, and the private 
                sector;
                  (B) by allowing Border Patrol agents to take 
                proficiency tests, enroll in long distance learning 
                programs, and waive such courses as Spanish language 
                instruction or physical fitness; or
                  (C) by any other means the Comptroller General 
                considers appropriate.

SEC. 606. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES OF U.S. CUSTOMS 
                    AND BORDER PROTECTION RELATED TO BORDER SECURITY.

  (a) Prohibition on Secretaries of the Interior and Agriculture.--The 
Secretary of the Interior or the Secretary of Agriculture shall not 
impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on land that is located within 100 miles of the 
international land borders of the United States that would otherwise be 
under the jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture in order to achieve operational control over 
the international land borders of the United States.
  (b) Authorized Activities of U.S. Customs and Border Protection.--
Notwithstanding any other provision of law, U.S. Customs and Border 
Protection shall have access to land under the jurisdiction of the 
Secretary of the Interior or the Secretary of Agriculture that is 
located within 100 miles of the international land borders of the 
United States for purposes of conducting the following activities on 
such land that assist in securing the international land borders of the 
United States:
          (1) Construction and maintenance of roads.
          (2) Construction and maintenance of fences.
          (3) Use vehicles to patrol.
          (4) Installation, maintenance, and operation of surveillance 
        equipment and sensors.
          (5) Use of aircraft.
          (6) Deployment of temporary tactical infrastructure, 
        including forward operating bases.
  (c) Protection of Natural and Cultural Resources.--The activities 
described in subsection (b) shall be conducted, to the maximum extent 
practicable, in a manner that the Commissioner of U.S. Customs and 
Border Protection determines will best protect the natural and cultural 
resources on Federal lands.
  (d) Protection of Legal Uses.--This section shall not be construed to 
provide--
          (1) authority to restrict legal uses, such as grazing, 
        hunting, or mining, on land under the jurisdiction of the 
        Secretary of the Interior or the Secretary of Agriculture; or
          (2) any additional authority to restrict legal access to such 
        land.
  (e) Limitation Regarding Intermingled Private and State Land.--This 
section shall not apply to any private or State-owned land within the 
boundaries of Federal lands.

SEC. 607. BORDER SECURITY INFRASTRUCTURE AND TECHNOLOGY.

  (a) In General.--The Commissioner, in collaboration with the Under 
Secretary for Science and Technology, shall identify equipment and 
technology described in subsection (b) that would enhance the security 
of the northern and southern borders.
  (b) Equipment and Technology Described.--The equipment and technology 
referred to in subsection (a) shall include equipment and technology 
designed to--
          (1) detect anomalies such as tunnels and breaches in 
        perimeter security;
          (2) detect the use of unauthorized vehicles;
          (3) detect low-flying aircraft;
          (4) employ unmanned vehicles; or
          (5) otherwise strengthen the ability to detect and deter 
        unlawful entries at and between ports of entry.
  (c) Consultation.--In carrying out this section, the Commissioner 
shall consult with the Assistant Secretary of Defense for Research and 
Engineering to leverage existing research and development of relevant 
equipment and technologies.
  (d) Off-the-Shelf Technology.--In identifying equipment and 
technology under subsection (a), the Secretary shall endeavor to 
integrate equipment technology that has already been acquired and 
deployed on the northern and southern border, including cameras, 
sensors, unmanned aerial vehicles, radar, and other technologies, along 
with the emerging technology, using commercial off-the-shelf software 
products in order to establish a common operating picture that can 
autonomously process data, identify threats, and initiate an 
appropriate response.

SEC. 608. NORTHERN BORDER CANINE TEAMS.

  (a) Deployment of Canines.--Not later than one year after the date of 
the enactment of this Act, the Secretary shall deploy no less than one 
additional canine enforcement team, capable of detecting narcotics, at 
each of the 5 busiest northern ports of entry as determined by traffic 
volume, and at other ports of entry as the Secretary determines 
appropriate.
  (b) Acquisition of Canines.--In acquiring canine assets required 
under subsection (a), the Secretary shall, to the greatest extent 
possible, acquire canines that are bred in the United States.
  (c) Reporting Requirement.--One year after the deployment of 
additional canines under subsection (a), the Secretary shall provide 
information to the appropriate congressional committees analyzing the 
effectiveness of the canine enforcement teams in enhancing operational 
control and reducing the unlawful trafficking of drugs, or for other 
homeland security missions, with comparisons to relevant statistics 
measuring similar activity in prior years.
  (d) Authorization of Appropriations.--There is authorized to be 
appropriated $1,000,000 to carry out this section.

SEC. 609. UNMANNED VEHICLES PILOT PROGRAM.

  (a) In General.--Not later than six months after the date of the 
enactment of this Act, the Commissioner, in cooperation with the Under 
Secretary of Homeland Security for Science and Technology, shall 
initiate a six-month pilot program to test the use of autonomous 
unmanned vehicles.
  (b) Location.--The pilot program shall, at a minimum, test the 
effectiveness of autonomous unmanned vehicles to patrol--
          (1) the maritime environment along the northern border; and
          (2) the land environment along the southern border.
  (c) Report.--Not later than six months after the date of the 
completion of the pilot program, the Under Secretary of Homeland 
Security for Science and Technology shall submit to the appropriate 
congressional committees a report on the effectiveness and scalability 
of the use of autonomous unmanned vehicles to patrol the locations 
described in subsection (b).
  (d) Use of Available Funding.--The Secretary may use funding already 
appropriated for the Innovative Technology Pilot Program to pay for the 
pilot described in this section.
  (e) Rule of Construction.--Nothing in this section shall be 
constructed as authorizing flight testing of autonomous unmanned 
vehicles that are unmanned aerial vehicles in any area except for 
segregated airspace.

SEC. 610. REPORT ON UNMANNED AERIAL VEHICLES.

  (a) In General.--Not later than 270 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the appropriate congressional committees a report that 
analyzes and compares the costs and missions of different aviation 
assets, including unmanned aerial vehicles, utilized by U.S. Customs 
and Border Protection and the Coast Guard, to assess the cost 
efficiencies and operational advantages provided by unmanned aerial 
vehicles as compared to manned aerial vehicles.
  (b) Required Data.--The report required under subsection (a) shall 
include a detailed assessment of costs for operating each type of asset 
described in such report, including--
          (1) fuel costs;
          (2) crew and staffing costs;
          (3) maintenance costs;
          (4) communication and satellite bandwidth costs;
          (5) costs associated with the acquisition of each type of 
        such asset; and
          (6) any other relevant costs necessary to provide a holistic 
        analysis and to identify potential cost savings.

SEC. 611. STUDENT VISA SECURITY IMPROVEMENT.

  (a) Enhanced Student Visa Background Checks.--Section 428(e) of the 
Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended by adding at 
the end the following new paragraph:
          ``(9) Student visas.--In administering the program under this 
        subsection, the Secretary, not later than 180 days after the 
        date of the enactment of the Student Visa Security Improvement 
        Act, shall--
                  ``(A) prescribe regulations to require employees 
                assigned under paragraph (1) to review the applications 
                of all applicants recommended by Department of State 
                personnel for visas under subparagraph (F), (J), or (M) 
                of section 101(a)(15) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)), and conduct in-
                person interviews where appropriate, prior to final 
                adjudication, with special emphasis on determining 
                whether applicants are inadmissible under section 
                212(a)(3)(B) of such Act (8 U.S.C. 1182(a)(3)(B)) 
                (relating to terrorist activities);
                  ``(B) ensure that employees assigned under paragraph 
                (1) conduct on-site reviews of any applications and 
                supporting documentation for visas under subparagraph 
                (F), (J), or (M) of section 101(a)(15) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) 
                that they deem appropriate prior to final adjudication; 
                and
                  ``(C) update, in consultation with the Secretary of 
                State, the memorandum of understanding between the 
                Department of Homeland Security and the Department of 
                State regarding implementation of this section to 
                clarify the roles and responsibilities of employees 
                assigned under paragraph (1) specifically with regard 
                to the duties prescribed by this paragraph.''.
  (b) Student and Exchange Visitor Program.--Section 442 of the 
Homeland Security Act of 2002 (6 U.S.C. 252) is amended--
          (1) in subsection (a)--
                  (A) by redesignating paragraph (5) as paragraph (11); 
                and
                  (B) by inserting after paragraph (4) the following 
                new paragraph:
          ``(5) Student and exchange visitor program.--In administering 
        the program under paragraph (4), the Secretary shall, not later 
        than one year after the date of the enactment of the Student 
        Visa Security Improvement Act--
                  ``(A) prescribe regulations to require an institution 
                or exchange visitor program sponsor participating in 
                the Student and Exchange Visitor Program to ensure that 
                each covered student or exchange visitor enrolled at 
                the institution or attending the exchange visitor 
                program--
                          ``(i) is an active participant in the program 
                        for which the covered student or exchange 
                        visitor was issued a visa to enter the United 
                        States;
                          ``(ii) is not unobserved for any period--
                                  ``(I) exceeding 30 days during any 
                                academic term or program in which the 
                                covered student or exchange visitor is 
                                enrolled; or
                                  ``(II) exceeding 60 days during any 
                                period not described in subclause (I); 
                                and
                          ``(iii) is reported to the Department within 
                        10 days of--
                                  ``(I) transferring to another 
                                institution or program;
                                  ``(II) changing academic majors; or
                                  ``(III) any other changes to 
                                information required to be maintained 
                                in the system described in paragraph 
                                (4);
                  ``(B) notwithstanding subparagraph (A), require each 
                covered student or exchange visitor to be observed at 
                least once every 60 days; and
                  ``(C) prescribe regulations defining what constitutes 
                the commencement of participation of a covered student 
                in a designated exchange visitor program (as defined in 
                section 641(h) of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 
                1372(h))).
          ``(6) Enhanced access.--The Secretary shall provide access to 
        the Student and Exchange Visitor Information System 
        (hereinafter in this subsection referred to as the `SEVIS'), or 
        other equivalent or successor program or system, to appropriate 
        employees of an institution or exchange visitor program sponsor 
        participating in the Student and Exchange Visitor Program if--
                  ``(A) at least two authorized users are identified at 
                each participating institution or exchange visitor 
                sponsor;
                  ``(B) at least one additional authorized user is 
                identified at each such institution or sponsor for 
                every 200 covered students or exchange visitors 
                enrolled at the institution or sponsor; and
                  ``(C) each authorized user is certified by the 
                Secretary as having completed an appropriate training 
                course provided by the Department for the program or 
                system.
          ``(7) Program support.--The Secretary shall provide 
        appropriate technical support options to facilitate use of the 
        program or system described in paragraph (4) by authorized 
        users.
          ``(8) SEVIS data.--The system described in paragraph (4) 
        shall include--
                  ``(A) verification that a covered student's 
                performance meets the minimum academic standards of the 
                institution in which such student is enrolled; and
                  ``(B) timely entry of any information required by 
                paragraph (5) regarding covered students and exchange 
                visitors enrolled at institutions or exchange program 
                sponsors.
          ``(9) Savings clause.--Nothing in this section shall prohibit 
        the Secretary or any institution or exchange program sponsor 
        participating in the Student Exchange Visitor Program from 
        requiring more frequent observations of covered students or 
        exchange visitors.
          ``(10) Decertification.--The Secretary is authorized, without 
        notice, to decertify any approved institution or exchange 
        visitor program sponsor if such institution or exchange visitor 
        program sponsor is engaged in egregious criminal activities or 
        is a threat to national security.''; and
          (2) by adding at the end the following new subsection:
  ``(d) Definitions.--For purposes of this section:
          ``(1) The term `covered student' means a student who is a 
        nonimmigrant pursuant to subparagraph (F), (J), or (M) of 
        section 101(a)(15) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)).
          ``(2) The term `observed' means positively identified by 
        physical or electronic means.
          ``(3) The term `authorized user' means an individual 
        nominated by an institution participating in the Student and 
        Exchange Visitor Program and confirmed by the Secretary as not 
        appearing on any terrorist watch list.''.
  (c) Comptroller General Review.--The Comptroller General shall 
conduct a review of the fees for the Student and Exchange Visitor 
Program of the Department of Homeland Security. The Comptroller General 
shall include in such review data from fiscal years 2007 through 2011 
and shall consider fees collected by the Department and all expenses 
associated with the review, issuance, maintenance, data collection, and 
enforcement functions of the Student and Exchange Visitor Program.

SEC. 612. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS.

  (a) In General.--The Secretary of Homeland Security, in coordination 
with the Secretary of State, may issue Asia-Pacific Economic 
Cooperation Business Travel Cards (in this section referred to as ``ABT 
Cards'') to any eligible person, including--
          (1) business leaders; and
          (2) United States Government officials engaged in Asia-
        Pacific Economic Cooperation (APEC) business.
  (b) Eligibility.--To be eligible for an ABT Card under this section, 
an individual must be approved and in good standing in an international 
trusted traveler program of the Department of Homeland Security, 
including NEXUS, SENTRI, and Global Entry.
  (c) Integration With Existing Travel Programs.--The Secretary shall, 
to the extent practicable, integrate application procedures for, and 
issuance, suspension, and revocation of, ABT Cards with other 
appropriate international trusted traveler programs conducted by the 
Department, including NEXUS, SENTRI, and Global Entry.
  (d) Cooperation With Private Entities.--In carrying out this section, 
the Secretary may consult with appropriate private sector entities.
  (e) Regulations.--The Secretary may prescribe such regulations as may 
be necessary to implement this section.
  (f) Fees.--
          (1) In general.--The Secretary may charge a fee for the 
        issuance of ABT Cards and any associated costs which shall be 
        set at a level that will ensure recovery of the full costs of 
        providing and administering the ABT Cards.
          (2) Account for collections.--The Secretary may establish a 
        fund for the collection of fees under paragraph (1), which 
        shall be made available to pay the costs incurred to 
        administer.
          (3) Limitation.--The Secretary shall ensure that the total 
        amount of any fee available to be used under paragraph (4) in 
        any fiscal year does not exceed the costs associated with 
        carrying out this section in such fiscal year.
  (g) Termination of Program.--The Secretary, in consultation with the 
Secretary of State, may terminate activities under this section if the 
Secretary deems it in the interest of the United States to do so.

SEC. 613. BORDER CROSSING DOCUMENTATION.

  The Commissioner of U.S. Customs and Border Protection shall carry 
out the NEXUS, SENTRI, Global Entry, and ABT Card (as described in 
section 612) programs of U.S. Customs and Border Protection.

SEC. 614. INTERNAL REVIEW OF ADEQUACY OF U.S. CUSTOMS AND BORDER 
                    PROTECTION IN BUSIEST INTERNATIONAL AIRPORTS.

  The Secretary, acting through U.S. Customs and Border Protection, 
shall within 180 days after the date of enactment of this Act conduct 
an internal review to ensure that there enough U.S. Customs and Border 
Protection agents in each of the 10 international airports in the 
United States with the largest volume of international travelers.

SEC. 615. PORT SECURITY GRANT PROGRAM.

  Section 70107(l) of title 46, United States Code, is amended by 
striking ``2013'' and inserting ``2014''.

SEC. 616. PORT SECURITY GRANT FUNDING FOR MANDATED SECURITY PERSONNEL.

  Section 70107(b)(1) of title 46, United States Code, is amended by 
striking the period and inserting the following: ``, including overtime 
and backfill costs incurred in support of other expenditures authorized 
under this subsection, except that not more than 50 percent of amounts 
received by a grantee under this section for a fiscal year may be used 
under this paragraph.''.

SEC. 617. SECURING THE TWIC AGAINST USE BY UNAUTHORIZED ALIENS.

  (a) Process.--
          (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a process 
        to ensure, to the maximum extent practicable, that aliens 
        unlawfully present in the United States are unable to obtain or 
        use a Transportation Worker Identification Credential (in this 
        section referred to as ``TWIC'').
          (2) Components.--Under the process, the Secretary shall--
                  (A) publish a list of documents that will identify 
                TWIC applicants and verify their immigration statuses 
                by requiring each applicant to produce a document or 
                documents that demonstrate--
                          (i) identity; and
                          (ii) proof of United States citizenship or 
                        authorization to work in the United States; and
                  (B) establish training requirements to ensure that 
                trusted agents at TWIC enrollment centers receive 
                training to identify fraudulent documents.
  (b) Expiration of TWICs.--A TWIC expires 5 years after the date it is 
issued, except that if an individual is in a lawful nonimmigrant status 
category--
          (1) the term of any TWIC issued to the applicant shall not to 
        exceed the expiration of the visa held by the applicant; and
          (2) a TWIC issued to the individual expires on the date of 
        the expiration of such status, notwithstanding the expiration 
        date on the face of the TWIC.

SEC. 618. SMALL VESSEL THREAT ANALYSIS.

  Not later than 1 year after the date of enactment of this Act, the 
Secretary shall submit to the appropriate congressional committees a 
report analyzing the threat of, vulnerability to, and consequence of an 
act of terrorism using a small vessel to attack United States vessels, 
ports, or maritime interests.

SEC. 619. CUSTOMS AND BORDER PROTECTION PROFESSIONALISM AND 
                    TRANSPARENCY.

  To increase professionalism and transparency U.S. Customs and Border 
Protection shall--
          (1) publish live wait times at all United States air ports of 
        entry, as determined by calculating the time elapsed between an 
        individual's entry into the U.S. Customs and Border Protection 
        inspection area and the individual's clearance by a U.S. 
        Customs and Border Protection officer;
          (2) make information about such wait times available to the 
        public in real time through the U.S. Customs and Border 
        Protection Web site;
          (3) submit monthly reports to Congress that include 
        compilations of all such wait times and that ranking all United 
        States international airports by wait times; and
          (4) increase staffing at the U.S. Customs and Border 
        Protection INFO center to reduce wait times to under ten 
        minutes for travelers attempting to submit comments or speak 
        with a representative about their entry experience.

SEC. 620. SENSE OF CONGRESS REGARDING DEPLOYMENT OF ADDITIONAL UAV.

  It is the sense of Congress that, due to frequently changing weather 
conditions and strict air regulations, the Secretary should deploy an 
additional unmanned aerial vehicle (UAV) over the number of such UAVs 
that are so deployed as of the date of the enactment of this Act, at a 
southwest border airfield between Department operations located at Fort 
Huachuca in Sierra Vista, Arizona, and the Naval Air Station (NAS) in 
Corpus Christi, Texas, in order to reduce the frequent weather-related 
lapses in constant surveillance that weaken security along the 
international borders of the United States and to allow U.S. Customs 
and Border Protection to work with other Federal departments and 
agencies, such as the Air National Guard, to operate such missions.

SEC. 621. REPORT ON STATUS OF UNOBLIGATED BALANCES IN U.S. CUSTOMS AND 
                    BORDER PROTECTION CUSTOMS USER FEE ACCOUNT.

  Not later than 90 days after the date of the enactment of this Act, 
the Secretary shall submit to the appropriate congressional committees 
a report regarding the status of $640,000,000 in unobligated balances 
in the Customs User Fee Account, as reported by the Government 
Accountability Office in report GAO 0911 09318SP. The report required 
under this section shall include a final determination on the total 
amount of unobligated balances available.

SEC. 622. OUTBOUND INSPECTIONS.

  (a) In General.--Not later than two years after the date of the 
enactment of this Act, the Secretary shall ensure that U.S. Customs and 
Border Protection has instituted an outbound inspections program at 
land ports of entry.
  (b) Program Components.--In executing the outbound inspections 
program under this section, the Secretary shall leverage existing 
resources and capabilities within the Department to--
          (1) ensure that risk-based outbound inspections are routinely 
        conducted;
          (2) provide for such inspections to be conducted in a safe 
        and efficient manner;
          (3) direct appropriate resources to areas that demonstrate a 
        higher risk of outbound violations;
          (4) include a strategy for mitigating efforts by smuggling 
        organizations to circumvent such inspections; and
          (5) collect information concerning aliens exiting the United 
        States, pursuant to section 110 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
        1365a).
  (c) Wait Times.--The Secretary shall ensure that outbound inspections 
carried out under this section do not add significantly to wait times 
for crossing the border.

SEC. 623. DEPORTING CRIMINAL ALIENS.

  There is authorized to be appropriated to U.S. Customs and 
Immigration Enforcement $1,600,000,000 for each of fiscal years 2012 
and 2013 to--
          (1) identify aliens who--
                  (A) have been convicted of a crime; or
                  (B) may pose a serious risk to public safety or 
                national security; and
          (2) remove from the United States any aliens identified under 
        paragraph (1) who may be deportable.

SEC. 624. ESTABLISHMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT.

  (a) In General.--Section 442 of the Homeland Security Act of 2002 (6 
U.S.C. 252), as amended by section 611(b), is further amended to read 
as follows:

``SEC. 442. ESTABLISHMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT.

  ``(a) Establishment.--There is established within the Department an 
agency to be known as Immigration and Customs Enforcement.
  ``(b) Functions.--The primary functions of the agency are the 
following:
          ``(1) To conduct criminal investigations relating to homeland 
        security, particularly investigations relating to border 
        security, customs, immigration, naturalization, trade, travel, 
        and transportation security.
          ``(2) To enforce Federal immigration and naturalization laws, 
        particularly those laws relating to arrest, detention, removal, 
        employment verification, and fraud.
  ``(c) Director.--
          ``(1) In general.--The head of Immigration and Customs 
        Enforcement shall be the Director of Immigration and Customs 
        Enforcement. The Director shall--
                  ``(A) be appointed by the President, by and with the 
                advice and consent of the Senate;
                  ``(B) exercise the duties and powers described in 
                this section, prescribed by other law, or delegated by 
                the Secretary; and
                  ``(C) report directly to the Secretary.
          ``(2) Compensation.--The Director shall be compensated at the 
        rate of pay for level III of the Executive Schedule as provided 
        in section 5314 of title 5, United States Code.
  ``(d) Duties and Powers of the Director.--Subject to the supervision 
of the Secretary, the Director shall be responsible for the direction, 
management, and administration of the Immigration and Customs 
Enforcement, its employees, and its programs.
          ``(1) Criminal investigation.--The Director shall have the 
        power to investigate and, where appropriate, refer for 
        prosecution, any criminal violation of Federal law relating to 
        or involving--
                  ``(A) border control and security (including ports of 
                entry), including the prevention of the entry or 
                residence of terrorists, criminals, and human rights 
                violators;
                  ``(B) customs, trade, import, or export control, 
                including the illicit possession, movement of, or trade 
                in goods, services, property, contraband, arms, items 
                controlled or prohibited from export, pornography, 
                intellectual property, or monetary instruments;
                  ``(C) transnational money laundering or bulk cash 
                smuggling;
                  ``(D) immigration or naturalization;
                  ``(E) alien gangs or criminal syndicates;
                  ``(F) possession of a firearm or explosive by an 
                alien;
                  ``(G) the employment or abuse of an alien, including 
                trafficking and peonage, labor violations, sexual 
                exploitation, pornography, prostitution, and sex 
                tourism;
                  ``(H) identification, travel, or employment 
                documents;
                  ``(I) identity theft or misuse of social security 
                account numbers or information when such theft relates 
                to or affects border security, customs, immigration, 
                naturalization, trade, travel, and transportation 
                security;
                  ``(J) travel and transportation security;
                  ``(K) any other authorities previously held by the 
                Commissioner of Customs, the Commissioner of the 
                Immigration and Naturalization Service, and the Under 
                Secretary for Border and Transportation Security; and
                  ``(L) such other authorities of the Department as the 
                Secretary may prescribe.
          ``(2) Civil immigration and naturalization enforcement.--The 
        Director shall have the power to enforce the civil immigration 
        and naturalization laws of the United States, including the 
        civil and administrative power to--
                  ``(A) investigate, locate, and arrest any alien 
                subject to exclusion, deportation, or removal from the 
                United States;
                  ``(B) remove any alien subject to exclusion, 
                deportation, or removal from the United States through 
                appropriate administrative removal proceedings;
                  ``(C) detain an alien for purposes of exclusion, 
                deportation, or removal, or as otherwise provided by 
                law;
                  ``(D) enforce Federal law relating to the unlawful 
                employment of aliens and to immigration document fraud; 
                and
                  ``(E) exercise such other authorities relating to the 
                enforcement of the immigration and naturalization laws 
                that the Secretary may prescribe.
          ``(3) Enforcement policy.--The Director shall--
                  ``(A) establish and direct the policies of the 
                Immigration and Customs Enforcement;
                  ``(B) advise the Secretary and other senior officers 
                of the Department on policy matters relating to 
                Immigration and Customs Enforcement and its duties;
                  ``(C) coordinate, on behalf of the Department, with 
                Federal, State, tribal, and foreign agencies to promote 
                the efficient--
                          ``(i) investigation of criminal violations of 
                        the border security, customs, immigration, 
                        naturalization, trade, travel, and 
                        transportation laws of the United States; and
                          ``(ii) civil enforcement of the immigration 
                        and naturalization laws of the United States.
          ``(4) General enforcement powers.--The Director may authorize 
        agents and officers of Immigration and Customs Enforcement to--
                  ``(A) execute warrants issued under the laws of the 
                United States;
                  ``(B) carry firearms;
                  ``(C) make arrests without warrant for any offense 
                against the United States committed in their presence, 
                or for any felony cognizable under the laws of the 
                United States if they have reasonable grounds to 
                believe that the person to be arrested has committed or 
                is committing such felony;
                  ``(D) offer and pay rewards for services and 
                information leading to the apprehension of persons 
                involved in the violation or potential violation of 
                those provisions of law which Immigration and Customs 
                Enforcement is authorized to enforce; and
                  ``(E) issue civil detainers for purposes of 
                immigration enforcement.
          ``(5) Additional duties and powers.--
                  ``(A) In general.--The Director shall exercise any 
                other powers prescribed by law and such ancillary 
                powers as are necessary to carry out the duties and 
                powers described in this section, including the 
                relevant powers previously held by the Commissioner of 
                Customs, the Commissioner of the Immigration and 
                Naturalization Service, and the Under Secretary for 
                Border and Transportation Security.
                  ``(B) Inspection, seizure, and search.--In carrying 
                out the duties prescribed in this section, the Director 
                may exercise the inspection, seizure, and search 
                authorities previously held by the Commissioner of 
                Customs, the Commissioner of the Immigration and 
                Naturalization Service, and the Under Secretary for 
                Border and Transportation Security.
                  ``(C) Immigration enforcement.--In carrying out the 
                immigration enforcement duties of this section, the 
                Director shall have the authority to identify aliens in 
                the criminal justice system who have been charged with 
                or convicted of criminal offenses and are subject to 
                removal.
                  ``(D) Intellectual property protection.--The Director 
                shall establish and administer a National Intellectual 
                Property Rights Coordination Center to promote Federal 
                and international investigation of intellectual 
                property offenses.
                  ``(E) Limitation.--Notwithstanding the authority in 
                paragraph (1)(A) relating to terrorists, primary 
                responsibility for investigating acts of terrorism 
                shall rest with the Federal, State, and local law 
                enforcement agencies with jurisdiction over the acts in 
                question.
                  ``(F) Vesting.--All functions of all officers, 
                employees, and organizational units of Immigration and 
                Customs Enforcement are vested in the Director.
                  ``(G) Delegation.--Except as otherwise prohibited by 
                law, the Director may delegate any of the Director's 
                duties and powers to any employee or organizational 
                unit of Immigration and Customs Enforcement.
          ``(6) Overseas offices.--In coordination with the Department 
        of State, the Director shall establish and staff liaison 
        offices in appropriate foreign countries to support the 
        international activities and relationships of Immigration and 
        Customs Enforcement.
  ``(e) Additional Agency Officers.--In addition to such officers as 
the Secretary or Director may provide, Immigration and Customs 
Enforcement shall have the following officers to assist the Director in 
the performance of the Director's duties:
          ``(1) A Deputy Director, who shall assist the Director in the 
        management of Immigration and Customs Enforcement and who shall 
        act for the Director in the Director's absence or disability.
          ``(2) A Chief Counsel, who shall provide the Director 
        specialized legal advice and represent the Director in all 
        administrative proceedings before the Executive Office for 
        Immigration Review.
  ``(f) Other Law Enforcement Agencies.--Nothing in this section shall 
be construed to limit the existing authority of any other Federal law 
enforcement agency.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by striking the item relating to section 442 and 
inserting the following:

``Sec. 442. Establishment of Immigration and Customs Enforcement.''.

  (c) Conforming Amendment.--Section 5314 of title 5, United States 
Code, is amended by inserting ``Director of Immigration and Customs 
Enforcement.'' as a new item after ``Director of the Bureau of 
Citizenship and Immigration Services.''.
  (d) Transportation.--Section 1344(b)(6) of title 31, United States 
Code, is amended by striking ``the Administrator of the Drug 
Enforcement Administration,'' and inserting ``, the Administrator of 
the Drug Enforcement Administration, the Director of Immigration and 
Customs Enforcement, and the Commissioner of Customs and Border 
Protection,''.
  (e) Continuation in Office.--The individual serving as Assistant 
Secretary for Immigration and Customs Enforcement in the Department of 
Homeland Security on the day before the date of the enactment of this 
Act may continue to serve as the Director of Immigration and Customs 
Enforcement in the Department of Homeland Security in accordance with 
section 442 of the Homeland Security Act of 2002 (as amended by 
subsection (a) of this section) until the earlier of--
          (1) the date on which such individual is no longer eligible 
        to serve as Director; or
          (2) the date on which a person nominated by the President to 
        be the Director is confirmed by the Senate in accordance with 
        such section 442.

SEC. 625. REPORT ON DRUG CARTELS.

  (a) In General.--The Secretary shall submit to the appropriate 
congressional committees a report on the activities of the entities 
identified in subsection (b) that are--
          (1) designated as foreign terrorist organizations under 
        section 219 of the Immigration and Nationality Act (8 U.S.C. 
        1189); or
          (2) involved in international terrorism (as such term is 
        defined in section 2331 of title 18, United States Code).
  (b) Identification.--The entities referred to in subsection (a) are 
the following:
          (1) The Arellano Feliz Organization.
          (2) The Los Zetas Cartel.
          (3) The Beltran Leyva Organization
          (4) La Familia Michoacana.
          (5) The Sinaloa Cartel.
          (6) The Gulf Cartel/New Federation.
          (7) The Juarez Cartel.

SEC. 626. INCREASE IN UNMANNED AERIAL VEHICLES.

  (a) In General.--The Secretary shall increase by at least two the 
number of unmanned aerial vehicles for use along the southwest border 
over the number of such vehicles in existence as of the date of the 
enactment of this Act.
  (b) Funding.--To carry out this section, the Secretary shall use 
amounts appropriated or otherwise made available to U.S. Customs and 
Border Protection.

SEC. 627. BORDER AREA SECURITY INITIATIVE.

  (a) Redesignation.--Operation Stonegarden of the Department is hereby 
redesignated as the Border Area Security Initiative.
  (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the Border Area Security 
Initiative $54,890,000 for fiscal year 2012.
  (c) Allocation.--The Secretary shall ensure that 80.7 percent of the 
amounts authorized to be appropriated pursuant to subsection (b) are 
allocated for activities along the southern border.

SEC. 628. FOREIGN TERRORIST ORGANIZATIONS.

  Not later than 120 days after the date of the enactment of this Act, 
the Secretary, in consultation with appropriate members of the 
intelligence community, shall submit to the appropriate congressional 
committees a report, including classified and unclassified sections, 
assessing the presence, activity, capability, and information-sharing 
between Hezbollah, other Department of State-designated foreign 
terrorist organizations, and Mexican drug traffic organizations along 
the southern border of the United States.

SEC. 629. BORDER CONDITION INDEX.

  In developing the Border Condition Index, the Secretary shall take 
into consideration the following:
          (1) Flow estimates by Border Patrol sector of aliens who are 
        unlawfully present in the United States.
          (2) Interdiction efficiency measuring, with respect to aliens 
        who are unlawfully present in the United States, the difference 
        between apprehensions and known estimates of nonapprehensions.
          (3) Recidivism data relating to repeat apprehensions of 
        aliens who are unlawfully present in the United States.

SEC. 630. SENSE OF CONGRESS.

  (a) Findings.--Congress finds the following:
          (1) The Secure Fence Act of 2006 defined operational control 
        as the ``prevention of all unlawful entries into the United 
        States'' and required the Secretary of Homeland Security to 
        ``construct reinforced fencing along not less than 700 miles of 
        the southwest border where fencing would be most practical and 
        effective''.
          (2) A recent GAO report found that in fiscal year 2011, U.S. 
        Customs and Border Protection had 61,000 personnel, a budget 
        authority of $11.3 billion, and had constructed more than 600 
        miles of fencing.
          (3) A May 2011 poll conducted by Rasmussen Reports found that 
        just 30 percent of likely United States voters believe that the 
        United States border with Mexico is even somewhat secure while 
        64 percent believe that the border is not secure.
  (b) Sense of Congress.--It is the sense of Congress that the 
Secretary should complete at least 700 miles of reinforced fencing 
along the southwest border where it is geographically feasible to 
construct the fence.

SEC. 631. ISSUANCE OF VISAS AT DESIGNATED DIPLOMATIC AND CONSULAR 
                    POSTS.

  (a) In General.--Subsection (i) of section 428 of the Homeland 
Security Act of 2002 (6 U.S.C. 236) is amended to read as follows:
  ``(i) Visa Issuance at Designated Consular Posts and Embassies.--
Notwithstanding any other provision of law, the Secretary--
          ``(1) shall conduct an on-site review of all visa 
        applications and supporting documentation before adjudication 
        at the 20 highest-risk visa issuing diplomatic and consular 
        posts, as determined by the Secretary; and
          ``(2) is authorized to assign employees of the Department to 
        each diplomatic and consular post at which visas are issued 
        unless, in the Secretary's sole and unreviewable discretion, 
        the Secretary determines that such an assignment at a 
        particular post would not promote national or homeland 
        security.''.
  (b) Expedited Clearance and Placement of Department of Homeland 
Security Personnel at Diplomatic and Consular Posts.--The Secretary of 
State shall accommodate and ensure that--
          (1) not later than one year after the date of the enactment 
        of this Act, Department personnel assigned by the Secretary 
        under section 428(i)(1) of the Homeland Security Act (as 
        amended by subsection (a) of this section) have been stationed 
        at a diplomatic or consular post such that the post is fully 
        operational; and
          (2) not later than one year after the date on which the 
        Secretary designates an additional diplomatic or consular post 
        for personnel under section 428(i)(2) of the Homeland Security 
        Act (as amended by subsection (a) of this section), Department 
        personnel assigned to such diplomatic or consular post have 
        been stationed at such post such that such post is fully 
        operational.

SEC. 632. PRIVATE-PUBLIC PARTNERSHIP FOR LAND PORT OF ENTRY PROJECT.

  (a) In General.--Subject to subsection (b), the Secretary may enter 
into a private-public partnership to accept funding or a donation of 
real or personal property or services from any private sector entity or 
any State, county, or other municipal entity for the purpose of the 
construction of a designated project at a designated land border port 
of entry, to be approved by the Secretary, designed to reduce wait 
times at such port of entry.
  (b) Consultation.--To enter into a partnership described in 
subsection (a), the Secretary shall consult with the private sector 
entity or State, county, or other municipal entity referred to in such 
subsection that is providing the funding or donation at issue and 
provide such entity with a description of the designated project to be 
undertaken.
  (c) Nontransferrable.--Any funding or donation received by the 
Secretary pursuant to subsection (a) may be used only for the 
designated project that was subject of the consultation carried out in 
accordance with subsection (b), unless the private sector entity or 
State, county, or other municipal entity at issue consents to an 
alternate use of such funding or donation.
  (d) Return of Funding.--If the Secretary of Homeland Security does 
not undertake the designated project described in subsection (a) and 
the private sector entity or State, county, or other municipal entity 
that provided the funding or donation for such project does not consent 
to an alternate use for such funding or donation, the Secretary shall 
return to such entity such funding or donation.
  (e) Rule of Construction.--Nothing in this section may be construed 
as modifying the authorities of the Department of Homeland Security.
  (f) Authority To Agree to Amendments to the Border Environment 
Cooperation Agreement.--Section 545 of the North American Free Trade 
Agreement Implementation Act (22 U.S.C. 290m 094) is amended--
          (1) in paragraph (1), by striking ``and'' at the end;
          (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(3) change the purposes and functions of the Bank, 
        including changes that would allow the Bank to finance 
        infrastructure projects in the border region that promote 
        growth in trade and commerce between the United States and 
        Mexico, support sustainable economic development, reduce 
        poverty, foster job creation, and promote social development in 
        the region.''.

SEC. 633. REPORT TO CONGRESS ON IMMIGRATION ADVISORY PROGRAM.

  Not later than 90 days after the date of the enactment of this Act, 
the Secretary shall submit to the appropriate congressional committees 
a report regarding--
          (1) the top 20 highest-risk foreign airports that are last 
        points of departure to the United States;
          (2) the current status of U.S. Customs and Border 
        Protection's Immigration Advisory Program at such airports; and
          (3) the number of Immigration Advisory Program personnel 
        required to carry out operations in any location where such 
        personnel are not currently present.

SEC. 634. COAST GUARD DEPLOYABLE SPECIAL FORCES ASSETS.

  In order to assure readiness and meet training needs for the Coast 
Guard's enhanced deployable specialized forces, the Secretary shall 
establish and maintain at each Maritime Security Response Team location 
a minimum of one dedicated medium range air responder that is capable 
of offshore operations and can provide shore-based aviation 
surveillance capability and transport.

SEC. 635. IMPLEMENTATION OF US-VISIT BIOMETRIC EXIT.

  Not later than 180 days after the date of the enactment of this Act, 
the Secretary shall submit to the appropriate congressional committees 
a plan to implement, not later than two years after such date of 
enactment, a biometric exit capability at airports under the US-VISIT 
program, in accordance with the Enhanced Security and Visa Entry Reform 
Act of 2002 (Public Law 107 0973). If the Secretary determines that 
development of such a system is not feasible, the Secretary shall, not 
later than 180 days after the date of the enactment of this Act, submit 
to the appropriate congressional committees a plan for implementing, 
not later than two years after such date of enactment, an alternative 
program to provide the same level of security.

SEC. 636. COORDINATION WITH THE TRANSPORTATION SECURITY ADMINISTRATION 
                    ON RISK-BASED SCREENING OF AVIATION PASSENGERS.

  (a) In General.--The Commissioner of U.S. Customs and Border 
Protection shall work with the Assistant Secretary of Homeland Security 
(Transportation Security Administration) to designate persons enrolled 
in trusted passengers programs operated by U.S. Customs and Border 
Protection as trusted passengers in programs established pursuant to 
section 109(a)(3) of the Aviation Transportation Security Act (Public 
Law 107 0971; 115 Stat. 613; 49 U.S.C. 114 note), as long as such 
passengers meet the standards and requirements set by the Assistant 
Secretary.
  (b) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Commissioner shall submit to the 
Committee on Homeland Security of the House of Representatives, the 
Committee on Homeland Security and Government Affairs of the Senate, 
and the Committee on Commerce, Science, and Transportation of the 
Senate, a report on progress in implementing subsection (a), 
including--
          (1) any obstacles to cross-enrolling U.S. Customs and Border 
        Protection trusted passengers in trusted passenger programs 
        established by the Transportation Security Administration; and
          (2) the rate of enrollment of persons enrolled in trusted 
        passengers programs operated by U.S. Customs and Border 
        Protection as trusted passengers in programs operated by the 
        Transportation Security Administration.

SEC. 637. ENHANCED CUSTOMER SERVICE STANDARDS AND PROFESSIONALISM 
                    TRAINING.

  (a) Plans Required.--The Secretary shall ensure that a comprehensive 
plan for each of the U.S. Customs and Border Protection, the 
Transportation Security Administration, and U.S. Immigration and 
Customs Enforcement is developed and implemented to improve, based on 
publicly communicated metrics, professionalism, and customer service.
  (b) Plan Component.--The plan for each agency shall include each of 
the following:
          (1) An initial report on the metrics the agency proposes to 
        use to measure customer service.
          (2) An initial report on the metrics the agency will use to 
        measure professionalism.
          (3) The implementation of a system to improve customer 
        service by soliciting customer comments combining in person, 
        phone, and online solutions.
          (4) A requirement that the agency submit to Congress 
        quarterly reports on the agency's performance against the 
        customer service metrics referred to in paragraph (1).
          (5) The establishment of customer service best practices 
        based on such metrics.
          (6) The establishment of professionalism best practices based 
        on the metrics referred to in paragraph (2).
  (c) Annual Reports to Congress.--At least once each year, the 
Secretary shall submit to Congress a report on each agency for which a 
plan is required under this section. Each such report shall include--
          (1) an assessment of the agency's customer service 
        performance based on the metrics referred to in subsection 
        (b)(1);
          (2) detailed description of customer service improvements 
        demanded by customers;
          (3) customer service improvements demanded by Department 
        metrics, the costs associated with those improvements;
          (4) the security and efficiency benefits derived from such 
        improvements;
          (5) an assessment of the agency's professionalism performance 
        based on the metrics referred to in subsection (b)(1);
          (6) a description of any improvements in the agency's 
        professionalism;
          (7) the costs associated with such improvements; and
          (8) the security and efficiency benefits derived from such 
        improvements.
  (d) Oversight.--The Department's Office of Civil Rights and Civil 
Liberties shall have oversight of--
          (1) the customer service and professionalism efforts at each 
        agency for which a plan is required under this section to 
        ensure that comments are collected, analyzed, and responded to 
        in a timely manner; and
          (2) the development of monthly reports detailing the number 
        and types of comments submitted by the public, which shall be 
        made available to the public through the Department's Web site.

                   TITLE VII--SCIENCE AND TECHNOLOGY

           Subtitle A--Directorate of Science and Technology

SEC. 701. DIRECTORATE OF SCIENCE AND TECHNOLOGY STRATEGIC PLAN.

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

``SEC. 318. STRATEGIC PLAN.

  ``(a) Requirement for Strategy.--The Under Secretary for Science and 
Technology shall develop, and update as necessary, a strategy to guide 
the activities of the Directorate of Science and Technology. The 
strategy shall be risk-based and aligned with other strategic guidance 
provided by--
          ``(1) the National Strategy for Homeland Security;
          ``(2) the Quadrennial Homeland Security Review;
          ``(3) the Capabilities and Requirements Council established 
        under section 709; and
          ``(4) other relevant strategic planning documents, as 
        determined by the Under Secretary.
  ``(b) Contents.--The strategy required by subsection (a) shall be 
prepared in accordance with applicable Federal requirements and 
guidelines, and shall include the following:
          ``(1) Long-term strategic goals, objectives, and metrics of 
        the Directorate.
          ``(2) Analysis of how the research programs of the 
        Directorate support achievement of those strategic goals and 
        objectives.
          ``(3) A description of how the activities and programs of the 
        Directorate meet the requirements or homeland security 
        capability gaps identified by customers within and outside of 
        the Department, including the first responder community.
          ``(4) The role of the Department's risk analysis activities 
        and programs of the Directorate.
          ``(5) A technology transition strategy for the programs of 
        the Directorate.
          ``(6) A description of the policies of the Directorate on the 
        management, organization, and personnel of the Directorate.
          ``(7) Short- and long-term strategic goals, and objectives 
        for significantly increasing the number of designations and 
        certificates issued under subtitle G of title VIII, as well as 
        identification of the specific metrics to be used to determine 
        whether a designation or a certificate will be awarded.
  ``(c) Submission of Plan to Congress.--The Secretary shall submit to 
the appropriate congressional committees the strategy developed under 
subsection (a) and any update to the strategy.''.
  (b) Deadline.--The Under Secretary for Science and Technology shall 
develop and submit to the appropriate congressional committees the 
initial strategy required under the amendment made by subsection (a) by 
not later than 1 year after the date of enactment of this Act.
  (c) Clerical Amendment.--The table of contents in section 1(b) is 
amended by adding at the end of the items relating to title III the 
following new item:

``Sec. 318. Strategic plan.''.

SEC. 702. 5-YEAR RESEARCH AND DEVELOPMENT PLAN.

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

``SEC. 319. 5-YEAR RESEARCH AND DEVELOPMENT PLAN.

  ``(a) In General.--The Under Secretary for Science and Technology 
shall develop, and revise at least every 5 years, a 5-year research and 
development plan for the activities of the Directorate of Science and 
Technology.
  ``(b) Contents.--The 5-year research and development plan developed 
under subsection (a) shall--
          ``(1) define the Directorate's research, development, 
        testing, and evaluation activities, priorities, performance 
        metrics, and key milestones and deliverables for the 5-fiscal-
        year period from 2013 through 2017, and for each 5-fiscal-year 
        period thereafter;
          ``(2) link the activities identified in paragraph (1) to the 
        goals and objectives described in the strategic plan developed 
        under section 318, the research requirements established in 
        section 320, and the operational capability needs as determined 
        by the Capabilities and Requirements Council established under 
        section 709;
          ``(3) describe, for each activity of the strategic plan, the 
        planned annual funding levels for the period covered by the 
        plan; and
          ``(4) indicate joint investments with other Federal partners 
        where applicable.
  ``(c) Scope of the Plan.--The Under Secretary shall ensure that each 
plan developed under subsection (a)--
          ``(1) reflects input from a wide range of stakeholders; and
          ``(2) takes into account how research and development by 
        other Federal, State, private sector, and nonprofit 
        institutions contributes to the achievement of the priorities 
        identified in the plan, and avoids unnecessary duplication with 
        these efforts.
  ``(d) Reports.--At the time the President submits each annual budget 
request, the Under Secretary shall provide a report to the appropriate 
congressional committees on the status and results to date of 
implementation of the current 5-year research and development plan, 
including--
          ``(1) a summary of the research and development activities 
        for the previous fiscal year in each topic area;
          ``(2) the annual expenditures in each topic area;
          ``(3) an assessment of progress of the research and 
        development activities based on the performance metrics and 
        milestones set forth in the plan; and
          ``(4) any changes to the plan.''.
  (b) Deadline.--The Under Secretary for Science and Technology shall 
develop and submit to the appropriate congressional committees the 
first 5-year homeland security research and development plan required 
under subsection (a), for fiscal years 2013 through 2017, by not later 
than 1 year after the date of enactment of this Act.
  (c) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 319. 5-year research and development plan.''.

SEC. 703. IDENTIFICATION AND PRIORITIZATION OF RESEARCH AND DEVELOPMENT 
                    REQUIREMENTS.

  (a) In General.--Title III (6 U.S.C. 181 et seq.) is further amended 
by adding at the end the following new section:

``SEC. 320. IDENTIFICATION AND PRIORITIZATION OF RESEARCH AND 
                    DEVELOPMENT REQUIREMENTS.

  ``(a) In General.--The Under Secretary for Science and Technology 
shall establish and implement a process to identify, prioritize, fund, 
and task the basic and applied homeland security research and 
development activities of the Directorate of Science and Technology.
  ``(b) Process.--The process established under subsection (a) shall--
          ``(1) account for Department-wide priorities as defined by 
        the Capabilities and Requirements Council established under 
        section 709;
          ``(2) be responsive to near-, mid-, and long-term needs, 
        including unanticipated needs to address emerging threats;
          ``(3) utilize gap analysis and risk assessment tools where 
        available and applicable;
          ``(4) include protocols to assess--
                  ``(A) off-the-shelf technology to determine if an 
                identified homeland security capability gap can be 
                addressed through the acquisition process instead of 
                commencing research and development of technology to 
                address that capability gap; and
                  ``(B) research and development activities pursued by 
                other executive agencies, to determine if technology 
                can be leveraged to address an identified homeland 
                security capability gap;
          ``(5) provide for documented and validated research and 
        development requirements;
          ``(6) establish roles and responsibilities for the Under 
        Secretary for Science and Technology, the Under Secretary for 
        Policy, the Under Secretary for Management, and the heads of 
        operational components of the Department;
          ``(7) strengthen first responder participation in identifying 
        and prioritizing homeland security technological gaps, 
        including by--
                  ``(A) soliciting feedback from appropriate national 
                associations and advisory groups representing the first 
                responder community and first responders within the 
                components of the Department; and
                  ``(B) establishing and promoting a publicly 
                accessible portal to allow the first responder 
                community to help the Directorate develop homeland 
                security research and development goals;
          ``(8) institute a mechanism to publicize the Department's 
        funded and unfunded homeland security technology priorities for 
        the purpose of informing the Federal, State, and local 
        governments, first responders, and the private sector;
          ``(9) establish considerations to be used by the Directorate 
        in selecting appropriate research entities, including the 
        national laboratories, federally funded research and 
        development centers, university-based centers, and the private 
        sector, to carry out research and development requirements; and
          ``(10) include any other criteria or measures the Secretary 
        considers necessary for the identification and prioritization 
        of research requirements.''.
  (b) Deadline.--The Under Secretary for Science and Technology shall 
establish and begin implementing the process required by the amendment 
made by subsection (a) by not later than 180 days after the date of 
enactment of this Act.
  (c) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 320. Identification and prioritization of research and 
development requirements.''.

SEC. 704. RESEARCH AND DEVELOPMENT PROGRESS.

  (a) In General.--Title III (6 U.S.C. 181 et seq.) is further amended 
by adding at the end the following new section:

``SEC. 321. MONITORING PROGRESS.

  ``(a) In General.--The Under Secretary for Science and Technology 
shall monitor the progress of the research, development, testing, and 
evaluation activities undertaken by the Directorate of Science and 
Technology, and shall provide, at a minimum on a biannual basis, 
regular updates on that progress to relevant customers of those 
activities.
  ``(b) Requirements of Progress Updates.--In order to provide the 
progress updates required under subsection (a), the Under Secretary 
shall develop a system that--
          ``(1) monitors progress toward project milestones identified 
        by the Under Secretary;
          ``(2) maps progress toward deliverables identified in the 5-
        year plan required under section 319;
          ``(3) generates up-to-date reports to customers that 
        transparently disclose the status and progress of research, 
        development, testing, and evaluation efforts of the 
        Directorate;
          ``(4) evaluates the extent to which a technology or service 
        produced as a result of the Directorate's programs has 
        addressed homeland security capability gaps and requirements as 
        determined by the Capabilities and Requirements Council 
        established under section 709; and
          ``(5) allows the Under Secretary to report the number of 
        products and services developed by the Directorate that have 
        been transitioned into acquisition programs and resulted in 
        successfully fielded technologies.
  ``(c) Evaluation Methods.--
          ``(1) External input, consultation, and review.--The Under 
        Secretary shall implement procedures to engage outside experts 
        in assisting in the evaluation of the progress of research and 
        development programs or activities of the Directorate, 
        including through--
                  ``(A) consultation with experts, including scientists 
                and practitioners, to gather independent expert peer 
                opinion and advice on a project or on specific issues 
                or analyses conducted by the Directorate; and
                  ``(B) periodic, independent, external review to 
                assess the quality and relevance of the Directorate's 
                programs and projects.
          ``(2) Customer feedback.--The Under Secretary shall establish 
        a formal process to collect feedback from customers of the 
        Directorate on the performance of the Directorate, that 
        includes--
                  ``(A) appropriate methodologies through which 
                customers can assess the quality and usefulness of 
                technology and services delivered by the Directorate;
                  ``(B) development of metrics for measuring customer 
                satisfaction and the usefulness of any technology or 
                service provided by the Directorate; and
                  ``(C) standards for high-quality customer service.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 321. Monitoring progress.''.

SEC. 705. ACQUISITION AND OPERATIONS SUPPORT.

  (a) Responsibilities and Authorities of the Under Secretary.--Section 
302 (6 U.S.C. 183) is amended by striking ``and'' after the semicolon 
at the end of paragraph (13), by striking the period at the end of 
paragraph (14) and inserting ``; and'', and by adding at the end the 
following new paragraph:
          ``(15) providing science-based, analytic capability and 
        capacity across the Department to--
                  ``(A) support technological assessments of major 
                acquisition programs throughout the acquisition 
                lifecycle;
                  ``(B) help define appropriate technological 
                requirements and perform feasibility analysis;
                  ``(C) assist in evaluating new and emerging 
                technologies against capability gaps;
                  ``(D) support evaluation of alternatives; and
                  ``(E) improve the use of technology 
                Departmentwide.''.
  (b) Technology Readiness Assessment Process.--Section 308 (6 U.S.C. 
188) is amended by adding at the end the following new subsection:
  ``(d) Technology Readiness Assessment Process.--
          ``(1) In general.--The Under Secretary for Science and 
        Technology shall establish a formal, systematic, metrics-based 
        process to comprehensively evaluate technology maturity and 
        reduce technical risks, that includes--
                  ``(A) an independent assessment of the performance, 
                maturity, suitability, and supportability of a 
                technology and associated risks;
                  ``(B) technology readiness evaluations to establish 
                technology readiness levels as a measure of the 
                maturity of the technology; and
                  ``(C) provision of a report containing the findings 
                and conclusions of each assessment conducted under the 
                process provided, to the appropriate customers and 
                personnel of the Department.
          ``(2) Application.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), the process shall be applied to--
                          ``(i) technology developed by the 
                        Directorate; and
                          ``(ii) technology being procured or 
                        considered by any component of the Department 
                        as part of a major acquisition program.
                  ``(B) Limitation.--The Under Secretary shall not 
                apply the process to--
                          ``(i) radiological or nuclear detection and 
                        countermeasure technologies developed or 
                        procured by the Department; and
                          ``(ii) procurement of information 
                        technology.''.

SEC. 706. OPERATIONAL TEST AND EVALUATION.

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

``SEC. 713. OPERATIONAL TEST AND EVALUATION.

  ``(a) Establishment.--There is established within the Department a 
Director of Operational Test and Evaluation.
  ``(b) Responsibilities, Authorities, and Functions.--The Director of 
Operational Test and Evaluation--
          ``(1) shall advise the Secretary, the Under Secretary for 
        Management, the Under Secretary for Science and Technology, and 
        the heads of other relevant components of the Department 
        regarding all activities related to operational test and 
        evaluation in the Department; and
          ``(2) shall--
                  ``(A) prescribe operational test and evaluation 
                policies and procedures for the Department, which shall 
                include policies to ensure that operational testing is 
                done at facilities that already have relevant and 
                appropriate safety and material certifications to the 
                extent such facilities are available;
                  ``(B) ensure the effectiveness, reliability, and 
                suitability of operational testing and evaluation 
                activities planned and conducted by or on behalf of 
                components of the Department in major acquisition 
                programs of the Department;
                  ``(C) review and approve all operational test plans 
                and evaluation procedures for major acquisition 
                programs of the Department;
                  ``(D) provide the Department with independent and 
                objective assessments of the adequacy of operational 
                testing and evaluation activities conducted by or on 
                behalf of the Department for major acquisition programs 
                of the Department; and
                  ``(E) coordinate operational testing conducted 
                jointly by more than one component of the Department.
  ``(c) Access to Information.--The Director of Operational Test and 
Evaluation--
          ``(1) shall have prompt and full access to test and 
        evaluation and acquisition documents, data, and test results of 
        the Department that the Director considers necessary in order 
        to carry out the duties under this section; and
          ``(2) may designate observers to be present during the 
        preparation for and the conducting of any operational test and 
        evaluation within the Department.
  ``(d) Limitation.--The Director is not required to carry out 
operational testing.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to such 
title the following:

``Sec. 713. Operational test and evaluation.''.

SEC. 707. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.

  (a) In General.--Title III (6 U.S.C. 181 et seq.) is further amended 
by adding at the end the following new section:

``SEC. 322. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.

  ``(a) In General.--The Under Secretary for Science and Technology may 
make available to any person, for an appropriate fee, the services of 
any testing facility owned by the Federal Government and operated by 
the Directorate for Science and Technology for the testing of 
materials, equipment, models, computer software, and other items 
designed to advance the homeland security mission.
  ``(b) Interference With Federal Programs.--The Under Secretary shall 
ensure that the testing at such facilities of materials, equipment, 
models, computer software, or other items not owned by the Federal 
Government do not cause personnel or other resources of the Federal 
Government to be diverted from scheduled Federal Government tests or 
otherwise interfere with Federal Government mission requirements.
  ``(c) Confidentiality of Test Results.--The results of tests 
performed by a person with services made available under subsection (a) 
and any associated data provided by the person for the conduct of the 
tests--
          ``(1) are trade secrets and commercial or financial 
        information that is privileged or confidential within the 
        meaning of section 552(b)(4) of title 5, United States Code; 
        and
          ``(2) may not be disclosed outside the Federal Government 
        without the consent of the person for which the tests are 
        performed.
  ``(d) Fees.--The fee for using the services of a facility under 
subsection (a) may not exceed the amount necessary to recoup the direct 
and indirect costs involved, such as direct costs of utilities, 
contractor support, and salaries of personnel, that are incurred by the 
Federal Government to provide for the testing.
  ``(e) Use of Fees.--Any fee collected under subsection (a) shall be 
credited to the appropriations or other funds of the Directorate of 
Science and Technology and shall be used to directly support the 
research and development activities of the Department.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 322. Availability of testing facilities and equipment.''.

SEC. 708. BIOFORENSICS CAPABILITIES.

  (a) In General.--Title III (6 U.S.C. 181 et seq.) is further amended 
by adding at the end the following new section:

``SEC. 323. BIOFORENSICS CAPABILITIES.

  ``(a) Bioforensics Analysis Center.--There is authorized in the 
Department a bioforensics analysis center to provide support for law 
enforcement and intelligence-related investigations and actions to--
          ``(1) provide definitive bioforensics analysis in support of 
        the executive agencies with primary responsibilities for 
        preventing, deterring, responding to, attributing, and 
        recovering from biological attacks; and
          ``(2) undertake other related bioforensics activities.
  ``(b) Payment for Services.--The center shall charge and retain fees 
to reimburse the cost of any service provided to an executive agency 
that requested such service.
  ``(c) Detailee Program.--Subject to the availability of 
appropriations, the Secretary may implement a program under which 
executive agencies as considered appropriate by the Secretary provide 
personnel, on a reimburseable basis, to the center for the purpose of--
          ``(1) providing training and other educational benefits for 
        such stakeholders to help them to better understand the 
        policies, procedures, and laws governing national bioforensics 
        activities; and
          ``(2) bolstering the capabilities and information sharing 
        activities of the bioforensics analysis center authorized under 
        subsection (a) with national biosecurity and biodefense 
        stakeholders.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 323. Bioforensics capabilities.''.

SEC. 709. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

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

``SEC. 324. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

  ``(a) Establishment.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall establish a fellows 
program, to be known as the Homeland Security Science and Technology 
Fellows Program, under which the Under Secretary shall facilitate the 
temporary placement of scientists in relevant scientific or 
technological fields for up to 2 years in components of the Department 
with a need for scientific and technological expertise.
  ``(b) Utilization of Fellows.--
          ``(1) In general.--Under the Program, the Under Secretary may 
        employ fellows--
                  ``(A) for the use of the Directorate of Science and 
                Technology; or
                  ``(B) for the use of a Department component outside 
                such Directorate, under an agreement with the head of 
                such a component under which the component will 
                reimburse the Directorate for the costs of such 
                employment.
          ``(2) Responsibilities.--Under such an agreement--
                  ``(A) the Under Secretary shall--
                          ``(i) solicit and accept applications from 
                        individuals who are currently enrolled in or 
                        who are graduates of postgraduate programs in 
                        scientific and engineering fields related to 
                        the promotion of securing the homeland, 
                        including--
                                  ``(I) biological, chemical, physical, 
                                behavioral, social, health, medical, 
                                and computational sciences;
                                  ``(II) geosciences;
                                  ``(III) all fields of engineering; 
                                and
                                  ``(IV) such other disciplines as are 
                                determined relevant by the Secretary;
                          ``(ii) screen applicant candidates and 
                        interview them as appropriate to ensure that 
                        they possess the appropriate level of 
                        scientific and engineering expertise and 
                        qualifications;
                          ``(iii) provide a list of qualified 
                        applicants to the heads of Department 
                        components seeking to utilize qualified 
                        fellows;
                          ``(iv) subject to the availability of 
                        appropriations, pay financial compensation to 
                        such fellows;
                          ``(v) coordinate with the Chief Security 
                        Officer to facilitate and expedite provision of 
                        security clearances to fellows, as appropriate; 
                        and
                          ``(vi) otherwise administer all aspects of 
                        the employment of fellows with the Department; 
                        and
                  ``(B) the head of the component utilizing a fellow 
                shall--
                          ``(i) select the fellow from the list of 
                        qualified applicants provided by the Under 
                        Secretary;
                          ``(ii) reimburse the Under Secretary for the 
                        costs of employing the fellow selected, 
                        including administrative costs; and
                          ``(iii) be responsible for the day-to-day 
                        management of the fellow.
  ``(c) Applications From Nonprofit Organizations.--The Under Secretary 
may accept an application under subsection (b)(2)(A) that is submitted 
by a nonprofit organization on behalf of individuals whom such 
nonprofit organization has determined may be qualified applicants under 
the program.''.
  (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 III the following new item:

``Sec. 324. Homeland Security Science and Technology Fellows 
Program.''.

SEC. 710. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.

  Section 311 of the Homeland Security Act of 2002 (6 U.S.C. 191) is 
amended--
          (1) by striking subsection (a) and inserting the following:
  ``(a) Establishment.--There is established within the Directorate of 
Science and Technology a Science and Technology Advisory Committee (in 
this section referred to as the `Advisory Committee'). The Advisory 
Committee shall meet no fewer than 2 times each year and make 
recommendations with respect to the activities of the Under Secretary 
for Science and Technology, including--
          ``(1) identifying research and development areas of potential 
        importance to the security of the Nation; and
          ``(2) providing advice in developing and updating the 
        strategic plan under section 318 and the 5-year homeland 
        security research and development plan under section 319.''; 
        and
          (2) in subsection (j), by striking ``December 31, 2008'' and 
        inserting ``7 years after the date of enactment of the 
        Department of Homeland Security Authorization Act for Fiscal 
        Year 2012''.

SEC. 711. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

  Section 305 (6 U.S.C. 184) is amended--
          (1) by inserting ``(a) Establishment.--'' before the first 
        sentence; and
          (2) by adding at the end the following new subsections:
  ``(b) Conflicts of Interest.--The Secretary shall review and revise, 
as appropriate, the policies of the Department relating to personnel 
conflicts of interest to ensure that such policies specifically address 
employees of federally funded research and development centers 
established under this section who are in a position to make or 
materially influence research findings or agency decisionmaking.
  ``(c) Annual Reports.--Each federally funded research and development 
center established under this section shall transmit to the Secretary 
and appropriate congressional committees an annual report describing 
the activities of the center in support of the Department.''.

SEC. 712. CRITERIA FOR DESIGNATION AS A UNIVERSITY-BASED CENTER FOR 
                    HOMELAND SECURITY.

   Section 308(b)(2)(B) (6 U.S.C. 188(b)(2)(B)) is amended--
          (1) in the matter preceding clause (i), by striking ``in--'' 
        and inserting ``in one or more of the following:'';
          (2) in clause (iii), by inserting before the period at the 
        end the following: ``, including medical readiness training and 
        research, and community resiliency for public health and 
        healthcare critical infrastructure''; and
          (3) in clause (iv), by striking ``and nuclear'' and inserting 
        ``nuclear, and explosive''.

SEC. 713. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT AT THE SCIENCE 
                    AND TECHNOLOGY DIRECTORATE.

  (a) In General.--Subtitle E of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 411 et seq.) is further amended by adding at the 
end the following:

``SEC. 847. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT AT THE SCIENCE 
                    AND TECHNOLOGY DIRECTORATE.

  ``(a) In General.--To the extent necessary to ensure that the 
Department has the personnel required to carry out the mission of the 
Science and Technology Directorate, the Secretary may--
          ``(1) make appointments to scientific or engineering 
        positions within such Directorate that require an advanced 
        degree without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        other than sections 3303 and 3328 of such title; and
          ``(2) fix the pay of any personnel appointed under paragraph 
        (1) 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.
  ``(b) Limitation.--
          ``(1) In general.--Not more than 5 percent of the occupied 
        positions within the Directorate of Science and Technology may 
        at any time consist of positions occupied by personnel 
        appointed under this section.
          ``(2) Counting rule.--For purposes of applying the limitation 
        set forth in paragraph (1), determinations under this 
        subsection shall be made on a full-time equivalent basis.
  ``(c) Termination.--The authority to make appointments under this 
section shall cease to be available after January 1, 2017.''.
  (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 further amended by 
adding at the end of the items relating to such subtitle the following:

``Sec. 847. Authority for flexible personnel management at the Science 
and Technology Directorate.''.

SEC. 714. INDEPENDENT TESTING AND EVALUATION OF HOMELAND SECURITY 
                    DETECTION TECHNOLOGIES.

  Section 308 (6 U.S.C. 188) is further amended by adding at the end 
the following new subsection:
  ``(e) Test and Evaluation Program for Commercially Available Chemical 
and Biological Detection Equipment.--
          ``(1) In general.--The Secretary shall implement a test and 
        evaluation program for commercially available chemical and 
        biological detection equipment.
          ``(2) Functions.--The program established under paragraph (1) 
        shall--
                  ``(A) evaluate, against national consensus standards 
                and homeland security specific technical capability 
                standards or performance metrics adopted by the 
                Department to the greatest extent practicable, the 
                capability of commercially available chemical and 
                biological detection equipment to detect high risk 
                biological agents and toxins and chemical agents and 
                meet homeland security mission requirements;
                  ``(B) facilitate the accreditation or Department 
                acceptance of laboratories to be used for the testing 
                and evaluation under subparagraph (A);
                  ``(C) standardize test and reporting protocols and 
                procedures to be used by the laboratories under 
                accredited under subparagraph (B);
                  ``(D) provide for cost-sharing with technology 
                manufacturers whereby manufacturers may pay for the 
                testing and evaluation under subparagraph (A) by the 
                laboratories accredited under subparagraph (B);
                  ``(E) inform and enable expedited consideration of 
                compliant technology for designation or certification 
                under subtitle G of title VIII;
                  ``(F) inform Federal, State, local, tribal, and 
                territorial government procurement and grant decisions, 
                including detection equipment placed on the authorized 
                equipment list; and
                  ``(G) provide, with permission from the manufacturer, 
                results of the testing and evaluation under 
                subparagraph (A) and operationally relevant technical 
                information on detection equipment to Department 
                components, and other Federal, State, local, tribal, 
                and territorial governments and first responders, 
                including unclassified information through the 
                Responder Knowledge Base.''.

SEC. 715. NORTHERN BORDER UNMANNED AERIAL VEHICLE PILOT PROJECT.

  (a) Research and Development.--The Under Secretary for Science and 
Technology, in conjunction with the Commissioner of U.S. Customs and 
Border Protection, shall research and develop technologies to allow 
routine operation of medium-sized unmanned aerial vehicles, including 
autonomously piloted drones, within the national airspace for border 
and maritime security missions without any degradation of existing 
levels of security-related surveillance or of safety for all national 
airspace system users.
  (b) Pilot Project.--No later than 180 days after the date of 
enactment of this Act, the Secretary shall commence a pilot project in 
segregated airspace along the northern border to conduct experiments 
and collect data in order to accelerate the safe integration of medium-
sized unmanned aircraft systems into the national airspace system.

             Subtitle B--Domestic Nuclear Detection Office

SEC. 721. RADIOLOGICAL AND NUCLEAR DETECTION AND COUNTERMEASURES 
                    RESEARCH, DEVELOPMENT, TESTING, AND EVALUATION.

  (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 591 et seq.) is amended by adding at the end the following new 
sections:

``SEC. 1908. RADIOLOGICAL AND NUCLEAR DETECTION AND COUNTERMEASURES 
                    RESEARCH, DEVELOPMENT, TESTING, AND EVALUATION.

  ``In carrying out radiological and nuclear research, development, 
testing and evaluation activities required under section 1902, the 
Director for the Domestic Nuclear Detection Office shall--
          ``(1) have authorities and carry out responsibilities 
        consistent with those established under sections 302, 305, 308, 
        309, 320, and 321 for all radiological and nuclear research, 
        development, testing, and evaluation programs of the 
        Department; and
          ``(2) utilize an appropriate iterative combination of 
        physical tests and computer modeling to provide an analytical 
        basis for assessing detector performance of major radiological 
        and nuclear detection acquisition programs of the Department.

``SEC. 1909. AWARENESS OF THE GLOBAL NUCLEAR DETECTION ARCHITECTURE.

  ``(a) In General.--In carrying out the responsibilities under 
paragraphs (3), (5), (8), and (9) of section 1902(a), the Director 
shall maintain awareness of the Global Nuclear Detection Architecture 
(in this section referred to as `GNDA') and its assets, including 
availability of equipment and trained personnel, types of equipment, 
equipment detection events and data, relevant intelligence information, 
and other information as needed.
  ``(b) Data Exchange.--To support the activities under subsection (a), 
the Director and heads of agencies in the GNDA shall ensure that widely 
accepted, consensus-based data exchange standards are applied to 
detection and communications systems incorporated into the GNDA, to the 
extent practicable.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) is 
amended by adding at the end of the items relating to such title the 
following:

``Sec. 1908. Radiological and nuclear detection and countermeasures 
research, development, testing, and evaluation.
``Sec. 1909. Awareness of the Global Nuclear Detection Architecture.''.

SEC. 722. DOMESTIC IMPLEMENTATION OF THE GLOBAL NUCLEAR DETECTION 
                    ARCHITECTURE.

  (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 591 et seq.) is further amended by adding at the end the 
following:

``SEC. 1910. DOMESTIC IMPLEMENTATION OF THE GLOBAL NUCLEAR DETECTION 
                    ARCHITECTURE.

  ``(a) In General.--In carrying out the responsibilities of the office 
under section 1902(a)(4)(A), the Director shall provide support for 
planning, organization and sustainment, equipment, training, exercises, 
and operational assessments, to State, local, and tribal entities to 
assist in implementing preventive radiological and nuclear detection 
capabilities.
  ``(b) Domestic Interior Programs.--
          ``(1) Securing the cities.--The Director for Domestic Nuclear 
        Detection shall establish and maintain a program to enhance, 
        through State, local, tribal, and private entities, the 
        Nation's ability to detect and prevent a radiological or 
        nuclear attack in high-risk United States cities, as determined 
        by the Secretary.
          ``(2) Surge capabilities.--The Director shall coordinate 
        development of a surge capability for radiological and nuclear 
        detection systems that can be deployed within the United States 
        rapidly in response to intelligence or warnings that includes 
        procurement of appropriate technology, training, exercises, 
        operational assessments, maintenance, and support.
          ``(3) Integration.--The programs under subsections (a) and 
        (b) shall be integrated into the global nuclear detection 
        architecture and inform architecture studies, technology gaps, 
        and research activities of the Domestic Nuclear Detection 
        Office.''.
  (b) Conforming Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to such 
title the following:

``Sec. 1910. Domestic implementation of the global nuclear detection 
architecture.''.

SEC. 723. RADIATION PORTAL MONITOR ALTERNATIVES.

  The Director of the Domestic Nuclear Detection Office shall analyze 
and report to the appropriate congressional committees by not later 
than 90 days after the date of enactment of this Act on existing and 
developmental alternatives that could provide an enhanced capability to 
currently deployed radiation portal monitors, the criteria to measure 
the operational effectiveness of those alternatives, and the expected 
timeframe and costs to fully develop and deploy those alternatives.

SEC. 724. CONTRACTING AND GRANTMAKING AUTHORITIES.

  Section 1906 of the Homeland Security Act of 2002 (6 U.S.C. 596) is 
amended by striking ``paragraphs (6) and (7) of'' each place it 
appears.

SEC. 725. DOMESTIC NUCLEAR DETECTION IMPLEMENTATION PLAN.

  (a) In General.--The Secretary shall develop a 5-year plan of 
investments necessary to implement the Department of Homeland 
Security's responsibilities under the domestic component of the global 
nuclear detection architecture.
  (b) Contents.--The 5-year plan developed under subsection (a) shall--
          (1) define the roles and responsibilities of each component 
        of the Department in support of the domestic detection 
        architecture, including any existing or planned programs to 
        prescreen cargo or conveyances overseas;
          (2) identify and describe the specific investments being made 
        or planned by the Department components for the 5-year fiscal 
        period to support the domestic architecture and the security of 
        sea, land, and air pathways into the United States;
          (3) describe the investments necessary to address known 
        vulnerabilities and gaps, including associated costs and 
        timeframes;
          (4) explain how the Department's research and development 
        funding is furthering the implementation of the domestic 
        nuclear detection architecture, including specific investments 
        planned for the 5-year fiscal period; and
          (5) explain the process used to define, analyze, and enhance 
        the future domestic component of the global nuclear detection 
        architecture.
  (c) Deadline.--The Secretary shall submit to the appropriate 
congressional committees the plan required under subsection (a) by not 
later than 180 days after the date of enactment of this Act.

SEC. 726. SCIENCE AND TECHNOLOGY FELLOWS PROGRAM OUTREACH.

  Within 90 days of enactment of this Act, the Secretary of Homeland 
Security shall implement outreach to enhance awareness and increase 
participation of qualified students at institutes of higher education, 
including minority serving institutions such as historically black 
colleges and universities, hispanic serving institutions, and tribal 
colleges and universities, in the Department of Homeland Security's 
Science and Technology Directorate Fellows program.

SEC. 727. BUY AMERICAN REQUIREMENT FOR INFORMATION TECHNOLOGY.

  The Secretary shall contract for procurement of information 
technology products or services only with a United States-owned 
corporation or other entity, unless within 15 days after entering into 
a contract with a non-United States-owned corporation or other entity 
the Secretary provides to the Committee on Homeland Security of the 
House of Representatives--
          (1) notification of the contract, including the name of the 
        corporation or entity, the value of the contract, the nature of 
        the product or services to be procured, and information 
        regarding contract provisions that will be used to ensure 
        security of United States data; and
          (2) certification that no comparable product or service was 
        available from a United States-owned corporation or other 
        entity at a comparable cost.

SEC. 728. UNIVERSITY-BASED CENTERS.

  There is authorized to be appropriated $36,600,000 for fiscal year 
2012 to the Secretary to carry out the university-based centers program 
of the Department.

SEC. 729. REVIEW OF UNIVERSITY-BASED CENTERS.

  (a) GAO Study of University-Based Centers.--Not later than 120 days 
after the date of enactment of this Act, the Comptroller General of the 
United States shall initiate a study to assess the university-based 
centers for homeland security program authorized by section 308(b)(2) 
of the Homeland Security Act of 2002 (6 U.S.C. 188(b)(2)), and provide 
recommendations to the appropriate congressional committees for 
appropriate improvements.
  (b) Subject Matters.--The study under subsection (a) shall include 
the following:
          (1) A review of the Department's efforts to identify key 
        areas of study needed to support the homeland security mission, 
        and criteria that the Department utilized to determine those 
        key areas for which the Department should maintain, establish, 
        or eliminate university-based centers.
          (2) A review of the method by which university-based centers, 
        federally funded research and development centers, and 
        Department of Energy national laboratories receive tasking from 
        the Department, including a review of how university-based 
        research is identified, prioritized, and funded.
          (3) A review of selection criteria for designating 
        university-based centers and a weighting of such criteria.
          (4) An examination of best practices from other agencies 
        efforts to organize and use university-based research to 
        support their missions.
          (5) A review of the Department's criteria and metrics to 
        measure demonstrable progress achieved by university-based 
        centers in fulfilling Department taskings, and mechanisms for 
        delivering and disseminating the research results of designated 
        university-based centers within the Department and to other 
        Federal, State, and local agencies.
          (6) An examination of the means by which academic 
        institutions that are not designated or associated with the 
        designated university-based centers can optimally contribute to 
        the research mission of the Directorate.
          (7) An assessment of the interrelationship between the 
        different university-based centers.
          (8) A review of any other essential elements of the programs 
        determined in the conduct of the study.
  (c) Moratorium on New University-based Centers.--The Secretary may 
not designate any new university-based centers to research new areas in 
homeland security prior to the completion of the Comptroller General's 
review.

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

SEC. 801. SHORT TITLE.

  This title may be cited as the ``See Something, Say Something Act of 
2011''.

SEC. 802. AMENDMENT TO THE HOMELAND SECURITY ACT OF 2002.

  (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 451 et seq.) is further amended by adding at the 
end the following:

``SEC. 890C. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR 
                    SUSPICIOUS BEHAVIOR AND RESPONSE.

  ``(a) Immunity for Reports of Suspected Terrorist Activity or 
Suspicious Behavior and Response.--
          ``(1) In general.--Any person who, in good faith and based on 
        objectively reasonable suspicion, makes, or causes to be made, 
        a voluntary report of covered activity to an authorized 
        official shall be immune from civil liability under Federal, 
        State, and local law for such report.
          ``(2) False reports.--Paragraph (1) shall not apply to any 
        report that the person knew to be false or was made with 
        reckless disregard for the truth at the time that the person 
        made that report.
  ``(b) Immunity for Response.--
          ``(1) In general.--Any authorized official who observes, or 
        receives a report of, covered activity and takes reasonable 
        action in good faith to respond to such activity shall have 
        qualified immunity from civil liability for such action, 
        consistent with applicable law in the relevant jurisdiction. An 
        authorized official as defined by section (d)(1)(A) not 
        entitled to assert the defense of qualified immunity shall 
        nonetheless be immune from civil liability under Federal, 
        State, and local law if such authorized official takes 
        reasonable action, in good faith, to respond to the reported 
        activity.
          ``(2) Savings clause.--Nothing in this subsection shall--
                  ``(A) affect the ability of any authorized official 
                to assert any defense, privilege, or immunity that 
                would otherwise be available; and
                  ``(B) be construed as affecting any such defense, 
                privilege, or immunity.
  ``(c) Attorney Fees and Costs.--Any authorized official or other 
person found to be immune from civil liability under this section shall 
be entitled to recover from the plaintiff all reasonable costs and 
attorney fees.
  ``(d) Definitions.--In this section:
          ``(1) Authorized official.--The term `authorized official' 
        means--
                  ``(A) any officer, employee, or agent of the Federal 
                government with responsibility for preventing, 
                protecting against, disrupting, or responding to a 
                `covered activity;' or
                  ``(B) any Federal, State, or local law enforcement 
                officer.
          ``(2) Covered activity.--
                  ``(A) In general.--Subject to subparagraph (B), the 
                term `covered activity' means any suspicious 
                transaction, activity, or occurrence indicating that an 
                individual may be engaging, or preparing to engage, in 
                a violation of law relating to an act of terrorism (as 
                that term is defined in section 3077 of title 18, 
                United States Code).
                  ``(B) Maritime-related acts.--The term includes any 
                act of terrorism directed against a vessel, facility 
                (as that term is defined in section 70101 of title 46, 
                United States Code), port, or waterway, whether or not 
                a passenger is threatened, indicating that an 
                individual may be engaging, or preparing to engage, in 
                a violation of law relating to--
                          ``(i) a threat to a vessel, facility (as so 
                        defined), port, or waterway; or
                          ``(ii) an act of terrorism against a vessel, 
                        facility (as so defined), port, or waterway.''.
  (b) Amendment to the Table of Contents.--The table of contents for 
the Homeland Security Act of 2002 is further amended by adding at the 
end of the items relating to such subtitle the following:

``Sec. 890C. Immunity for reports of suspected terrorist activity or 
suspicious behavior and response.''.

                        TITLE IX--MISCELLANEOUS

SEC. 901. REDESIGNATION AND MOVEMENT OF MISCELLANEOUS PROVISIONS.

  (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is further amended--
          (1) by redesignating subtitle H of title VIII (relating to 
        miscellaneous provisions) as title XXIII of such Act;
          (2) by transferring such title to appear at the end of the 
        Act;
          (3) by amending the heading for such title to read as 
        follows:

             ``TITLE XXIII--MISCELLANEOUS PROVISIONS''; and

          (4) by striking sections 889 and 890 (consisting of 
        amendments to existing law, which have executed), and 
        redesignating the other sections of such title as section 2301 
        through 2321, respectively.
  (b) Conforming Amendments.--Such Act is further amended--
          (1) in section 506(b) (6 U.S.C. 316(b)), by striking 
        ``Section 872'' and inserting ``Section 2302'';
          (2) in section 508(a) (6 U.S.C. 318(a)), by striking 
        ``section 871'' and inserting ``section 2301'';
          (3) in section 508(d)(1) (6 U.S.C. 318(d)), by striking 
        ``section 871(a)'' and inserting ``section 2301(a)'';
          (4) in section 702(b)(2) (6 U.S.C. 432(b)(2)), by striking 
        ``section 874(b)(2)'' each place it appears and inserting 
        ``section 2304(b)(2)'';
          (5) in section 702(b)(2)(E) (6 U.S.C. 432(b)(2)), by striking 
        ``section 874'' and inserting ``section 2304'';
          (6) in section 702(b)(4)(A) (6 U.S.C. 432(b)(4)(A)), by 
        striking ``section 872(a)'' and inserting ``section 2302(a)'';
          (7) in section 702(b)(4)(B) (6 U.S.C. 432(b)(4)(B)), by 
        striking ``Section 872(b)'' and inserting ``Section 2302(b)'';
          (8) in section 707(a)(4) (6 U.S.C. 347(a)(4)), by striking 
        ``section 874'' and inserting ``section 2304''; and
          (9) in section 843(b)(1)(B)(i) (6 U.S.C. 413(b)(1)(B)(i)), by 
        striking ``section 878'' and inserting ``section 2308''.
  (c) 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--
          (1) by striking the items relating to subtitle H of title 
        VIII; and
          (2) by adding at the end the following new items:

                ``TITLE XXIII--MISCELLANEOUS PROVISIONS

``Sec. 2301. Advisory committees.
``Sec. 2302. Reorganization.
``Sec. 2303. Use of appropriated funds.
``Sec. 2304. Future-years homeland security program.
``Sec. 2305. Miscellaneous authorities.
``Sec. 2306. Military activities.
``Sec. 2307. Regulatory authority and preemption.
``Sec. 2308. Office of Counternarcotics Enforcement.
``Sec. 2309. Office of International Affairs.
``Sec. 2310. Prohibition of the Terrorism Information and Prevention 
System.
``Sec. 2311. Review of pay and benefit plans.
``Sec. 2312. Office for National Capital Region Coordination.
``Sec. 2313. Requirement to comply with laws protecting equal 
employment opportunity and providing whistleblower protections.
``Sec. 2314. Federal Law Enforcement Training Center.
``Sec. 2315. Joint Interagency Task Force.
``Sec. 2316. Sense of Congress reaffirming the continued importance and 
applicability of the Posse Comitatus Act.
``Sec. 2317. Coordination with the Department of Health and Human 
Services under the Public Health Service Act.
``Sec. 2318. Preserving Coast Guard mission performance.
``Sec. 2319. Treatment of charitable trusts for members of the Armed 
Forces of the United States and other governmental organizations.
``Sec. 2320. Buy American requirement; exceptions.
``Sec. 2321. Immunity for reports of suspected terrorist activity or 
suspicious behavior and response.''.

SEC. 902. GUIDANCE TO AND COORDINATION WITH LOCAL EDUCATIONAL AND 
                    SCHOOL DISTRICTS.

  To enhance domestic preparedness for and collective response to 
terrorism, natural disasters, and public health emergencies, the 
Secretary shall provide guidance to and coordinate with local 
educational and school districts that are at a high risk of acts of 
terrorism, natural disasters, or public heath emergencies.

SEC. 903. FEDERAL LAW ENFORCEMENT TRAINING OPPORTUNITIES FOR LOCAL LAW 
                    ENFORCEMENT PERSONNEL WITH RESPONSIBILITIES FOR 
                    SECURING PORTS.

  The Secretary shall endeavor to make available Federal law 
enforcement training opportunities, including through the Federal Law 
Enforcement Training Center, to local law enforcement personnel with 
responsibilities for securing ports.

SEC. 904. SECURITY GAPS AT DRINKING WATER AND WASTEWATER TREATMENT 
                    FACILITIES.

  (a) In General.--To enhance domestic preparedness for an act of 
terrorism, the Secretary shall enter into a memorandum of understanding 
with the Administrator of the Environmental Protection Agency to 
establish a plan to address security gaps at drinking water treatment 
facilities and wastewater treatment facilities.
  (b) Contents.--The memorandum shall include a plan to provide to 
operators of such facilities--
          (1) guidance that is substantially similar to the Chemical 
        Facility Anti-Terrorism Standards Interim Final Rule issued by 
        the Department (6 C.F.R. Part 27), as amended by the appendix 
        to such standards published by the Department (72 Fed. Reg. 
        65396); and
          (2) technical assistance to enhance security at such 
        facilities in accordance with such guidance.

SEC. 905. GUIDANCE AND COORDINATION FOR OUTREACH TO PEOPLE WITH 
                    DISABILITIES DURING EMERGENCIES.

  To enhance domestic preparedness for and collective response to 
terrorism, natural disasters, and public health emergencies, the 
Secretary shall provide guidance to and coordinate with appropriate 
individuals, officials, and organizations in implementing plans for 
outreach to people with disabilities during emergencies.

SEC. 906. TWIC PROCESS REFORM.

  (a) Sense of Congress.--To avoid further imposing unnecessary and 
costly regulatory burdens on United States workers and businesses, it 
is the sense of Congress that it is urgent that the Transportation 
Worker Identification Credential (TWIC) application process be reformed 
by not later than the end of 2012, when hundreds of thousands of 
current TWIC holders will begin to face the requirement to renew their 
TWICs.
  (b) TWIC Application Reform.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall reform the process 
for the enrollment, activation, issuance, and renewal of a TWIC to 
require, in total, not more than one in-person visit to a designated 
enrollment center except in cases in which there are extenuating 
circumstances, as determined by the Secretary, requiring more than one 
such in-person visit.

SEC. 907. REPORT ON PROGRESS TOWARD CONDUCTING SECURITY VULNERABILITY 
                    ASSESSMENTS AT AIRPORTS IN THE UNITED STATES.

  (a) Findings.--The Congress finds the following:
          (1) According to a July 2011 interview with the Government 
        Accountability Office, the Transportation Security Authority 
        (TSA) admitted to not having conducted security vulnerability 
        assessments at 83 percent of airports in the United States. 
        This figure increased from 87 percent in 2009, but shows little 
        progress on the matter and leaves airport perimeters throughout 
        the United States vulnerable to security breaches.
          (2) TSA identified security vulnerability assessments, along 
        with professional judgment, as TSA's primary mechanism for 
        assessing airport security vulnerabilities in accordance with 
        National Infrastructure Protection Plan requirements.
          (3) The Federal Government reports that between 1996 and 
        November 2010, there have been 86 stowaways involving 76 
        flights, of which 68 were fatal and 18 survived.
          (4) In November 2011, Delvonte Tisdale stowed away on a 
        commercial jet at the Charlotte-Douglas International Airport 
        in Charlotte, North Carolina, and fell out of the aircraft as 
        it neared Boston's Logan Airport. To this day, no comprehensive 
        reasoning has been provided as to how Mr. Tisdale was able to 
        stow away in the wheel well of the aircraft.
  (b) Report.--
          (1) No later than 180 days after the date of enactment of 
        this Act, the Secretary shall issue a report to Congress and 
        the appropriate congressional committees, detailing TSA's 
        progress toward conducting security vulnerability assessments 
        at 100 percent of airports in the United States. The report 
        shall detail the reasoning behind why TSA has currently 
        conducted these assessments at only 17 percent of airports 
        nationwide and how it will bring this figure up to 100 percent 
        in the next two years.
          (2) The report shall include steps taken to increase 
        perimeter security since the incident involving Delvonte 
        Tisdale in November 2010.
          (3) The report shall include a thorough explanation of the 
        conclusions reached by TSA during the Tisdale investigation.

SEC. 908. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM NITRATE.

  Section 899B (6 U.S.C. 488a) is amended--
          (1) in subsection (a), by inserting ``of ownership rights'' 
        after ``sale and transfer'' and inserting ``and transfer of 
        possession to entities that provide application services for 
        ammonium nitrate'' after ``ammonium nitrate facility'';
          (2) by redesignating subsections (f) through (i) as 
        subsections (g) through (j), respectively; and
          (3) by inserting after subsection (e) the following new 
        subsection (f):
  ``(f) Exemption for Transportation Providers.--The Secretary shall 
exempt from this subtitle persons engaged in transportation activities 
covered by chapter 51 or section 114(d) of title 49, United States 
Code, who, in the determination of the Secretary, do no pose a security 
threat to homeland security based on existing security programs.''.

SEC. 909. SENSE OF CONGRESS ON INCLUSION OF THE WESTERN HEMISPHERE IN 
                    THE 2012 NATIONAL STRATEGY FOR COUNTERTERRORISM'S 
                    ``AREA OF FOCUS''.

  (a) Findings.--Congress finds the following:
          (1) A 2009 Department of State Country Report on Terrorism 
        found that Hezbollah is the most technically capable terrorist 
        group in the world with thousands of supporters, several 
        thousand members, and a few hundred terrorist operatives.
          (2) Officials from the Iranian Islamic Revolutionary Guard 
        Corps' (IRGC) Qods Force have been working in concert with 
        Iran's chief global terrorist proxy, Lebanese Hezbollah, since 
        the 1990s, and they have developed networks in the Western 
        Hemisphere that encompass more than 80 operatives in at least 
        12 countries throughout the region.
          (3) Hezbollah's chief sponsors, Iran and Syria, have been 
        forging relationships with the governments in Latin America to 
        achieve state cover and effective immunity for their 
        activities, and Hezbollah has established a working 
        relationship with the Revolutionary Armed Forces of Colombia 
        (FARC) in arms and drug trafficking.
          (4) Hezbollah has demonstrated its ability to cooperate with 
        Mexican drug cartels to utilize smuggling techniques and routes 
        in order to bring drugs and people into the United States. 
        Sophisticated narco-tunneling resembling the types used by 
        Hezbollah in Lebanon have been found along the United States-
        Mexican border, and arrested Mexican gang members entering the 
        United States with Farsi tattoos also support a Hezbollah 
        influence.
  (b) Sense of Congress.--It is the sense of Congress there exists a 
significant cause for concern and for further investigation of 
potential counterterrorism threats to the United States from Iran's 
growing presence and influence in the Western Hemisphere. The Secretary 
of Homeland Security, in coordination with other related agencies, 
should include the Western Hemisphere in the 2012 National Strategy for 
Counterterrorism's ``Area of Focus'', with specific attention on the 
counterterrorism threat to the homeland emanating from Iran's growing 
presence and influence in the Western Hemisphere.

                          Purpose and Summary

    As reported by the Committee on the Homeland Security, the 
purpose of H.R. 3116, the Department of Homeland Security 
Authorization Act for Fiscal Year 2012, is to authorize certain 
programs of the Department of Homeland Security, eliminate 
waste and redundancy and encourage efficiencies within the 
Department, and maximize the security benefits of the 
Department's programs.

                  Background and Need for Legislation

    Pursuant to the Homeland Security Act of 2002 (HSA) (Pub. 
L. 107-296) the Department of Homeland Security (Department or 
DHS) was charged with the mission of preventing terrorist 
attacks within the United States; reducing vulnerability; 
minimize resulting damages and assisting in the recovery from 
domestic terrorist attacks. The HSA also specified major 
responsibilities for the Department, including coordinating the 
protection of critical infrastructure; coordinating efforts to 
develop countermeasures against chemical, biological, 
radiological, and nuclear terrorist threats; and securing the 
borders and transportation systems.
    To address these critical missions, the Department combined 
22 diverse agencies, which presented an enormous challenge for 
the organization and has evolved through a slow maturation. 
Moreover, as the Department notes in its Quadrennial Homeland 
Security Review, the Department's homeland security missions 
are enterprise-wide, and not limited to the Department of 
Homeland Security, requiring coordination among hundreds of 
thousands of people from across the Federal Government, State, 
local, tribal, and territorial governments, the private sector, 
and other nongovernmental organizations. Moreover, since its 
creation in March 2003, DHS has experienced tremendous growth 
in its size, budget and capabilities in order to secure our 
Nation from terrorist attacks.
    The Committee recognizes the progress that the Department 
has achieved in establishing, operating, and coordinating 
essential security programs. However, the Committee 
acknowledges that the growth of the Department has at times 
resulted in wasteful spending, insufficient focusing of 
resources and redundancies. The Committee believes that these 
concerns, added to the criticality of the Department's security 
missions, underscore the need for the Committee to enact 
authorizing legislation in order to address the vital issues of 
the Department.
    H.R. 3116 authorizes several existing components and 
positions of the Department to strengthen and provide metrics 
for critical work accomplished by the Department. In addition, 
H.R. 3116 clarifies authorities among various operating 
officers and policy offices in order to promote greater 
coordination among DHS programs.
    H.R. 3116 also proposes several measures that would 
strengthen the Department by improving fiscal discipline. For 
example, H.R. 3116 requires Department-wide cost and efficiency 
reviews to improve existing expenditures. When making 
purchases, the Department will be required to analyze the need 
of each purchase across its many components, rather than 
proceed in a piecemeal approach. Further, H.R. 3116 provides 
for third-party validations and reporting to Congress on major 
acquisitions undertaken by the Department.
    H.R. 3116 provides extensive direction and metrics carried 
out in the fields of border security, information sharing, 
preparedness and response to terrorist attacks and natural 
disasters and science and technology research and development.
    Moreover, H.R. 3116 authorizes pragmatic improvements for 
security, including providing liability protections for 
citizens who make good faith reports of suspected terrorist 
activity and establishing a commission to reevaluate the causes 
of the September 11, 2001 attacks and the Federal Government's 
ability to carry out the resulting recommendations.
    The Committee believes that in the ten years following the 
attacks of September 11, 2001, our Nation has made great 
progress toward improving its vigilance and preparation for all 
forms of terrorist attacks, including those of al Qaeda and the 
related organizations or sympathizers who identify with its 
Islamist-extremist ideology. Nevertheless, crucial work 
remains, and it must be carried out with finite resources. The 
Committee supports the Department in its endeavors to preserve 
homeland security and believes that H.R. 3116 is one important 
step in building a partnership with the Department to achieve 
those goals.

                                Hearings

    No hearings were held on H.R. 3116. However, the Committee 
held oversight hearings relating to programs contained within 
H.R. 3116, these hearings are listed below.

Full Committee

    On February 9, 2011, the Committee held a hearing entitled 
``Understanding the Homeland Threat Landscape Considerations 
for the 112th Congress.'' The Committee received testimony from 
Hon. Janet Napolitano, Secretary, Department of Homeland 
Security; and Hon. Michael E. Leiter, Director, National 
Counterterrorism Center.
    On March 3, 2011, the Committee held a hearing entitled 
``The President's Fiscal Year 2012 Budget Request for the 
Department of Homeland Security.'' The Committee received 
testimony from Hon. Janet Napolitano, Secretary, Department of 
Homeland Security.
    On March 10, 2011, the Committee held a hearing entitled 
``The Extent of Radicalization in the American Muslim Community 
and That Community's Response.'' The Committee received 
testimony from Hon. John D. Dingell, a Representative in 
Congress from the 15th District of Michigan; Hon. Keith 
Ellison, a Representative in Congress from the 5th District of 
Minnesota; Hon. Frank Wolf, a Representative in Congress from 
the 10th District of Virginia; Dr. M. Zuhdi Jasser, President 
and Founder, American Islamic Forum for Democracy; Mr. 
Abdirizak Bihi, Director, Somali Education and Social Advocacy 
Center; Mr. Melvin Bledsoe, Private Citizen; and Sheriff Leroy 
Baca, Los Angeles County Sheriff's Department.
    On March 30, 2011, the Committee held a hearing entitled 
``Public Safety Communications: Are the Needs of Our First 
Responders Being Met?'' The Committee received testimony from 
Mr. William ``Bill'' D. Carrow, President, The Association of 
Public-Safety Communications Officials (APCO) International; 
Sheriff Paul H. Fitzgerald, First Vice President, National 
Sheriffs' Association; Chief John E. ``Jack'' Parow (Ret.), 
President and Chairman of the Board, International Association 
of Fire Chiefs; and Mr. Gregory L. Simay, At-Large Director, 
Los Angeles Regional Interoperable Communication System.
    On May 4, 2011, the Committee held a hearing entitled 
``Securing Our Nation's Mass Transit Systems Against a 
Terrorist Attack.'' The Committee received testimony from Hon. 
John S. Pistole, Administrator, Transportation Security 
Administration, Department of Homeland Security; Hon. W. Craig 
Fugate, Administrator, Federal Emergency Management Agency, 
Department of Homeland Security; Mr. Richard Daddario, Deputy 
Commissioner for Counterterrorism, New York City Police 
Department; Mr. Richard L. Rodriguez, President, Chicago 
Transit Authority; and Mr. Daniel O. Hartwig, Deputy Chief-
Operations, BART Police Department, San Francisco Bay Area 
Rapid Transit (BART).
    On July 27, 2011, the Committee held a hearing entitled 
``Al Shabaab: Recruitment and Radicalization within the Muslim 
American Community and the Threat to the Homeland.'' The 
Committee received testimony from Mr. Ahmed Hussen, Canadian 
Somali Congress National President; Mr. Thomas Joscelyn, Senior 
Fellow, Foundation for Defense of Democracies; Mr. William 
Anders Folk, Former Assistant United States Attorney, District 
of Minnesota; and Mr. Thomas E. Smith, Chief of Police, Saint 
Paul, Minnesota.
    On September 8, 2011, the Committee held a hearing entitled 
``The Attacks of September 11th: Where are We Today.'' The 
Committee received testimony from Hon. Lee Hamilton, Former 
Vice-Chairman, The National Commission on Terrorist Attacks 
Upon the United States; Hon. Tom J. Ridge, Former Secretary of 
Homeland Security; and Hon. Eugene L. Dodaro, Comptroller 
General of the United States.

Subcommittee on Cybersecurity, Infrastructure Protection, and Security 
        Technologies

    On February 11, 2011, the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies held a 
hearing entitled ``Preventing Chemical Terrorism: Building a 
Foundation of Security at Our Nation's Chemical Facilities.'' 
The Subcommittee received testimony from Hon. Rand Beers, Under 
Secretary, National Protection and Programs Directorate, 
Department of Homeland Security; Mr. Timothy J. Scott, Chief 
Security Officer, The Dow Chemical Company (testifying on 
behalf of the American Chemistry Council); Dr. M. Sam Mannan, 
PhD, PE, CSP, Regents Professor and Director, Mary Kay O'Connor 
Process Safety Center, Texas A&M University System; and Mr. 
George S. Hawkins, General Manager, District of Columbia Water 
and Sewer Authority.
    On May 26, 2011, the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies held a 
hearing entitled ``Unlocking the SAFETY Act's Potential to 
Promote Technology and Combat Terrorism.'' The Subcommittee 
received testimony from Mr. Paul Benda, Acting Deputy Under 
Secretary, Science & Technology Directorate, Department of 
Homeland Security; Mr. Marc Pearl, President and Chief 
Executive Officer, Homeland Security and Defense Business 
Counsel; Mr. Brian Finch, Partner, Dickstein Shapiro LLP; Mr. 
Scott Boylan, Vice President and General Counsel, Morpho 
Detection, Inc.; and Mr. Craig Harvey, Chief Operations Officer 
and Executive Vice President, NVision Solutions, Inc.
    On June 23, 2011, the Subcommittee on Cybersecurity, 
Infrastructure Protection and Security Technologies and the 
Subcommittee on Emergency Preparedness, Response, and 
Communications held a joint hearing on H.R. _, the ``WMD 
Prevention and Preparedness Act of 2011.'' The Subcommittees 
received testimony from Hon. William J. Pascrell, Jr. a 
Representative in Congress from the 8th District of New Jersey; 
Senator Jim Talent, Vice Chairman, The Bipartisan WMD Center; 
Dr. Robert P. Kadlec, Former Special Assistant to the President 
for Biodefense; and Mr. Richard H. Berdnik, Sheriff, Passaic 
County, New Jersey.

Subcommittee on Transportation Security

    On February 10, 2011, the Subcommittee on Transportation 
Security held a hearing entitled ``Terrorism and Transportation 
Security.'' The Subcommittee received testimony from Hon. John 
S. Pistole, Administrator, Transportation Security 
Administration, Department of Homeland Security.
    On June 2, 2011, the Subcommittee on Transportation 
Security held a hearing entitled ``Authorizing the 
Transportation Security Administration for Fiscal Years 2012 
and 2013.'' The Subcommittee received testimony from Hon. John 
S. Pistole.
    On July 12, 2011, the Subcommittee on Transportation 
Security held a hearing entitled ``Industry Perspectives: 
Authorizing the Transportation Security Administration for FY 
2012 and 2013.'' The Subcommittee received testimony from Mr. 
Tom Farmer, Assistant Vice President, Security Safety & 
Operations, American Association of Railroads; Mr. Martin 
Rojas, Vice President, Security & Operations, American Trucking 
Association; Ms. Wanda Dunham, Chief of Police and Emergency 
Management, Metropolitan Atlanta Rapid Transit Authority, MARTA 
Police Headquarters; Mr. Raymond Reese, Corporate Health, 
Safety and Security Leader, Colonial Pipeline Company; Mr. John 
Risch, Alternate National Legislative Director, United 
Transportation Union; Mr.Peter J. Bunce, President and Chief 
Executive Officer, General Aviation Manufacturers Association; 
Mr. Nicholas E. Calio, President & Chief Executive Officer, Air 
Transport Association; Mr. Steve Alterman, President, Cargo 
Airline Association; and Mr.Christopher Witkowski, Director, 
Air Safety, Health and Security, Association of Flight 
Attendants--CWA.

Subcommittee on Oversight, Investigations, and Management

    On July 7, 2011, the Subcommittee on Oversight, 
Investigations, and Management held a hearing entitled 
``Homeland Security Investigations: Examining DHS's Efforts to 
Protect American Jobs and Secure the Homeland.'' The 
Subcommittee received testimony from Mr. Brian Toohey, 
President, Semiconductor Industry Association; Mr. Michael 
Russo, Director of Global Security and Product Protection, Eli 
Lilly and Company; Mr. Mario Mancuso, Partner, Fried, Frank, 
Harris, Shriver & Jacobson, LLP; and Ms. Jena Baker-McNeill, 
Private Citizen.
    On July 15, 2011, the Subcommittee on Oversight, 
Investigations, and Management held a hearing entitled 
``Homeland Security Contracting: Does the Department 
Effectively Leverage Emerging Technologies?'' The Subcommittee 
received testimony from Mr. Charles K. Edwards, Acting 
Inspector General, Department of Homeland Security; Mr. David 
Maurer, Director, Homeland Security and Justice Team, 
Government Accountability Office; Mr. Rafael Borras, Under 
Secretary for Management and Chief Acquisition Officer, 
Department of Homeland Security; Dr. Tara O'Toole, Under 
Secretary, Science and Technology Directorate, Department of 
Homeland Security; Mr. Jim Williams, Vice Chair, Homeland 
Security Committee, TechAmerica; Mr. Marc Pearl, President and 
CEO, Homeland Security & Defense Business Council; and Mr. 
Scott Amey, General Counsel, Project On Government Oversight.

Subcommittee on Emergency Preparedness, Response, and Communications

    On March 9, 2011, the Subcommittee on Emergency 
Preparedness, Response, and Communications held a hearing 
entitled ``Ensuring Effective Preparedness and Response-An 
Assessment of the Fiscal Year 2012 Budget Request for the 
Federal Emergency Management Agency.'' The Subcommittee 
received testimony from Hon. W. Craig Fugate, Administrator, 
Federal Emergency Management Agency, Department of Homeland 
Security.
    On March 17, 2011, the Subcommittee on Emergency 
Preparedness, Response, and Communications held a hearing 
entitled ``Ensuring Effective Preparedness, Response, and 
Recovery for Events Impacting Health Security.'' The 
Subcommittee received testimony from Dr. Alexander G. Garza, 
MD, MPH, Assistant Secretary for Health Affairs, Chief Medical 
Officer, Department of Homeland Security.
    On April 13, 2011, the Subcommittee on Emergency 
Preparedness, Response, and Communications held a hearing 
entitled ``Taking Measure of Countermeasures: A Review of 
Government and Industry Efforts to Protect the Homeland Through 
Accelerated Research, Development, and Acquisition of Chemical, 
Biological, Radiological, and Nuclear Medical 
Countermeasures.'' The Subcommittee received testimony from Ms. 
Cynthia Bascetta, Managing Director, Health Care, Government 
Accountability Office; Dr. Segaran P. Pillai, Chief Medical and 
Science Advisor, Chemical and Biological Division, Science and 
Technology Directorate, Department of Homeland Security; Dr. 
Richard J. Hatchett, Chief Medical Officer and Deputy Director, 
Strategic Sciences and Management, Department of Health and 
Human Services; Dr. Gerald W. Parker, Deputy Assistant to the 
Secretary of Defense, Chemical and Biological Defense, 
Department of Defense; Ms. Phyllis Arthur, Senior Director, 
Vaccines, Immunotherapeutics, and Diagnostics Policy, 
Biotechnology Industry Organization; Mr. John M. Clerici, 
Principal, Tiber Creek Partners LLC; and Dr. Daniel Fagbuyi, 
Medical Director, Disaster Preparedness and Emergency 
Management, Children's National Medical Center.
    On May 12, 2011, the Subcommittee on Emergency 
Preparedness, Response, and Communications held a hearing 
entitled ``Taking Measure of Countermeasures: A Review of 
Efforts to Protect the Homeland Through Distribution and 
Dispensing of CBRN Medical Countermeasures.'' The Subcommittee 
received testimony from Dr. Alexander Garza, Assistant 
Secretary for Health Affairs and Chief Medical Officer, Office 
of Health Affairs, Department of Homeland Security; Rear 
Admiral Ali Khan, Director, Office of Public Health 
Preparedness and Response, Centers for Disease Control and 
Prevention, Department of Health and Human Services; Mr. Mike 
McHargue, Director of Emergency Operations, Division of 
Emergency Medical Operations; Florida Department of Health; Mr. 
David Starr, Director, Countermeasures Response Unit; New York 
City Department of Health and Mental Hygiene; Chief Lawrence E. 
Tan, Emergency Medical Services Division, New Castle County, 
Delaware (testifying on behalf of the Emergency Services Sector 
Coalition on Medical Countermeasures); and Dr. Jeffrey Levi, 
Executive Director, Trust for America's Health.
    On June 23, 2011, the Subcommittee on Cybersecurity, 
Infrastructure Protection and Security Technologies and the 
Subcommittee on Emergency Preparedness, Response, and 
Communications held a joint hearing on H.R. _, the ``WMD 
Prevention and Preparedness Act of 2011.'' The Subcommittees 
received testimony from Hon. William J. Pascrell Jr. a 
Representative in Congress from the 8th District of New Jersey; 
Senator Jim Talent, Vice Chairman, The Bipartisan WMD Center; 
Dr. Robert P. Kadlec, Former Special Assistant to the President 
for Biodefense; and Mr. Richard H. Berdnik, Sheriff, Passaic 
County, New Jersey.
    On July 8, 2011, the Subcommittee on Emergency 
Preparedness, Response, and Communications held a hearing 
entitled ``Communicating With the Public During Emergencies: An 
Update on Federal Alert and Warnings.'' The Subcommittee 
received testimony from Mr. Damon Penn, Assistant 
Administrator, National Continuity Programs, Federal Emergency 
Management Agency, Department of Homeland Security; RADM James 
A. Barnett, Chief, Public Safety and Homeland Security Bureau, 
Federal Communications Commission; Mr. Christopher Guttman-
McCabe, Vice President, Regulatory Affairs, CTIA--The Wireless 
Association; Ms. Suzanne D. Goucher, President and CEO, Maine 
Association of Broadcasters, testifying on behalf of the 
National Alliance of State Broadcasting Associations; and Mr. 
Allen W. Kniphfer, Emergency Coordinator, Jefferson County, 
Alabama.

Subcommittee on Border and Maritime Security

    On February 15, 2011, the Subcommittee on Border and 
Maritime Security held a hearing entitled ``Securing Our 
Borders--Operational Control and the Path Forward.'' The 
Subcommittee received testimony from Mr. Michael J. Fisher, 
Chief, the Border Patrol, U.S. Customs and Border Protection, 
Department of Homeland Security; Mr. Richard M. Stana, 
Director, Homeland Security and Justice, Government 
Accountability Office; and Hon. Raul G. Salinas, Mayor, City of 
Laredo, Texas.
    On March 15, 2011, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Strengthening the Border--
Finding the Right Mix of Personnel, Infrastructure, and 
Technology.'' The Subcommittee received testimony from Mr. 
Michael J. Fisher, Chief, the Border Patrol, U.S. Customs and 
Border Protection, Department of Homeland Security; Mr. Mark 
Borkowski, Assistant Commissioner, Office of Technology 
Innovation and Acquisition, U.S. Customs and Border Protection, 
Department of Homeland Security; Mr. Michael C. Kostelnik, 
(Maj. Gen. Ret.) Assistant Commissioner, Office of CBP Air & 
Marine, U.S. Customs and Border Protection, Department of 
Homeland Security; Major General Hugo E. Salazar, Adjutant 
General, Arizona National Guard; and Mr. Richard M. Stana, 
Director, Homeland Security and Justice, Government 
Accountability Office.
    On April 5, 2011, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Using Resources Effectively 
to Secure Our Border at Ports of Entry--Stopping the Illicit 
Flow of Money, Guns, and Drugs.'' The Subcommittee received 
testimony from Mr. Thomas Winkowski, Assistant Commissioner, 
U.S. Customs and Border Protection, Department of Homeland 
Security; Mr. Stan Korosec, Vice President, Operations, Blue 
Water Bridge Canada; Mr. Timothy J. Koerner, Vice President & 
Chief Security Officer, Canadian National Railway Company; and 
Hon. Richard F. Cortez, Mayor, City of McAllen, Texas.
    On May 3, 2011, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Border Security and 
Enforcement--Department of Homeland Security's Cooperation with 
State and Local Law Enforcement Stakeholders.'' The 
Subcommittee received testimony from Mr. Kumar Kibble, Deputy 
Director, U.S. Immigration and Customs Enforcement, Department 
of Homeland Security; Mr. Ronald Vitiello, Deputy Chief, U.S. 
Customs and Border Protection, Department of Homeland Security; 
Sheriff Larry Dever, Cochise County Sheriff's Office, Arizona; 
Sheriff Todd Entrekin, Etowah County Sheriff's Office, Alabama; 
and Mr. Gomecindo Lopez, Commander, Special Operations Bureau, 
El Paso County Sheriff's Office, Texas.
    On September 13, 2011, the Subcommittee on Border and 
Maritime Security held a hearing entitled ``Ten Years after 9/
11: Can Terrorists Still Exploit our Visa System?'' The 
Subcommittee received testimony from Mr. Thomas Winkowski, 
Assistant Commissioner, Office of Field Operations, U.S. 
Customs and Border Protection, Department of Homeland Security; 
Mr. Edward Ramotowski, Acting Deputy Assistant Secretary, 
Bureau of Consular Affairs, U.S. Department of State; Mr. John 
Cohen, Deputy Counter-Terrorism Coordinator, Department of 
Homeland Security; Mr. Peter T. Edge, Deputy Associate 
Director, Homeland Security Investigations, U.S. Immigration 
and Customs Enforcement, Department of Homeland Security; and 
Mr. Richard M. Stana, Director, Homeland Security and Justice, 
Government Accountability Office.

Subcommittee on Counterterrorism and Intelligence

    On March 2, 2011, the Subcommittee on Counterterrorism and 
Intelligence held a hearing entitled ``Terrorist Threat to the 
U.S. Homeland-al Qaeda in the Arabian Peninsula (AQAP).'' The 
Subcommittee received testimony from Dr. Jarret Brachman, 
Managing Director, Cronus Global; Dr. Christopher Boucek, 
Associate, Carnegie Endowment for International Peace; and Mr. 
Barak Barfi, Research Fellow, New America Foundation. The 
Subcommittee hearing was followed by a classified Member-only 
briefing from the National Counterterrorism Center, the 
Department of Homeland Security, and the Federal Bureau of 
Investigation.
    On June 1, 2011, the Subcommittee on Counterterrorism and 
Intelligence held a hearing entitled ``The DHS Intelligence 
Enterprise_Past, Present, and Future.'' The Subcommittee 
received testimony from the Honorable Caryn Wagner, Under 
Secretary for the Office of Intelligence and Analysis, 
Department of Homeland Security;  Rear Admiral Thomas Atkin, 
Assistant Commandant for Intelligence and Criminal 
investigation, U.S. Coast Guard; Mr. Daniel Johnson, Assistant 
Administrator for Intelligence, U.S. Transportation Security 
Administration; Mr. James Chaparro, Assistant Director for 
Intelligence, U.S. Immigration and Customs Enforcement; and Ms. 
Susan Mitchell, Deputy Assistant Commissioner, Office of 
Intelligence and Operations Coordination, U.S. Customs and 
Border Protection.
    On July 7, 2011, the Subcommittee on Counterterrorism and 
Intelligence held a hearing entitled ``Hezbollah in Latin 
America--Implications for U.S. Homeland Security.'' The 
Subcommittee received testimony from Hon. Roger F. Noriega, 
Visiting Fellow, The American Enterprise Institute; Mr. Douglas 
Farah, Senior Fellow, The International Assessment and Strategy 
Center; Mr. Ilan Berman, Vice President, American Foreign 
Policy Council; and Dr. Melani Cammett, Director, Middle East 
Studies Program, Brown University.

                        Committee Consideration

    The Committee met on October 12 and 13, 2011, to consider 
H.R. 3116, and ordered the measure to be reported to the House 
with a favorable recommendation, amended, by a recorded vote of 
20 yeas and 12 nays (Roll Call Vote No. 37).
    The Committee adopted H.R. 3116, as amended, by a recorded 
vote of 19 yeas and 13 nays. (Roll Call Vote No. 36).
    The following amendments were offered:
      An Amendment in the Nature of a Substitute offered by Mr. 
King (#1) was AGREED TO, as amended, by a recorded vote of 18 
yeas and 14 nays (Roll Call Vote No. 35).
      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson (#1A) was NOT AGREED TO by a 
recorded vote of 13 yeas and 19 nays (Roll Call Vote No. 13).

  After section 4 insert a new section entitled ``Sec. _. Authorization 
of Appropriations.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Clarke (#1B) was NOT AGREED TO, by a 
recorded vote of 14 yeas and 19 nays (Roll Call Vote No. 14).

Strike section 102.

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson (#1C) was NOT AGREED TO, by 
a recorded vote of 14 yeas and 19 nays (Roll Call Vote No. 15).

Before section 101 insert the new section entitled ``Sec. _. 
Counterterrorism Coordination.'' and make appropriate conforming 
changes.

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Clarke of New York (#1D) was NOT 
AGREED TO, by a recorded vote of 14 yeas and 19 nays (Roll Call 
Vote No. 16).

Before section 101 insert a new section and make conforming changes 
``Sec. 101. Directorate of Infrastructure Protection and 
Cybersecurity.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Davis (#1E) was NOT AGREED TO by a 
recorded vote of 14 yeas and 19 nays (Roll Call Vote No. 17).

At the appropriate place in title I, insert a new section entitled 
``Sec. _. Oversight of Department of Homeland Security.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Cuellar (#1F) was AGREED TO, by a 
recorded vote of 33 yeas and 0 nays (Roll Call Vote No. 18).

At the appropriate place in title I, insert a new section entitled 
``Sec. 1_. Danger Pay Allowances for Employees of the Department of 
Homeland Security.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Cuellar (#1G) was WITHDRAWN by 
unanimous consent.

At the end of title I, add a new section entitled ``Sec. 1_. U.S. 
Immigration and Customs Enforcement Special Agents.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Duncan (#1H) was AGREED TO by voice 
vote.

At the end of title I add a new section entitled ``Sec. _. FLETC 
Reporting Requirements on Counter-violent Extremism Training.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Duncan (#1I) was AGREED TO by voice 
vote.

At the end of title I add a new section entitled ``Sec. _. Future-years 
Homeland Security Program.''

          A unanimous consent request by Mr. Duncan to have Mr. 
        Clarke of Michigan added as a co-sponsor of the 
        amendment, was not objected to.

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Lungren (#1J) was AGREED TO by voice 
vote.

In section 201(a), in the quoted section 708, after subsection (d) 
insert the following (and redesignate the subsequent section 
accordingly): ``(d) SAFETY Act.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Hochul (#1K) was AGREED TO, by a 
recorded vote of 32 yeas and 0 nays (Roll Call Vote No. 19).

At the appropriate place in title II, insert a new section entitled 
``Sec. 2_. Buy American Requirements Imposed on Department of Homeland 
Security; Exceptions.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. McCaul (#1L) was AGREED TO by voice 
vote.

At the end of title II add a new section entitled ``Sec. _. Strategic 
Sourcing for Marine and Aviation Assets.'';

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. McCaul (#1M) was AGREED TO by voice 
vote.

At the end of title II add a new section entitled ``Sec. _. Strategic 
Sourcing for Detection and Screening Technology.'';

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Long (#1N) was AGREED TO by voice 
vote.

At the end of title II insert a new section entitled ``Sec. 2_. Special 
Emergency Procurement Authority for Domestic Emergency Operations.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Clarke of Michigan (#1O) was NOT 
AGREED TO, by a recorded vote of 14 yeas and 19 nays (Roll Call 
Vote No. 20).

At the end of title II, add a new section entitled ``Sec. _. Preference 
for Vendors in Enterprise Zones, HUB Zones, and High Unemployment 
Areas.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Walsh (#1P) was AGREED TO by voice 
vote.

At the end of title II add a new section entitled ``Sec. _. Software 
Licensing.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Cuellar (#1Q) was WITHDRAWN by 
unanimous consent.

In section 301(a)(1)(B); 301(a)(1)C); 301(a)(1)C); 301(a)(1)(D); 
301(a)(1)(F); and 301(a)(1)(G) relating to major urban area fusion 
centers, and border fusion centers in high-risk areas.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson (#1R) was NOT AGREED TO by 
voice vote.

Page 59, line 11, strike ``domestic'' and insert ``homegrown violent''.
Page 59, strike lines 15 though 20.
Page 59, line 21, strike ``(4)'' and insert ``(3)''.
Page 60. Line 1, strike section 404 and insert a new section 404 
entitled ``Composition of the 9/11 Commission.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Clarke of New York (#1S) was NOT 
AGREED TO, by a recorded vote of 14 yeas and 19 nays (Roll Call 
Vote No. 21).

At the appropriate place in title III, insert a new section entitled 
``Sec. 3_. Cybersecurity Training Pilot Program.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Lungren (#1T) was AGREED TO by voice 
vote.

In section 505, in the quoted section 2105(b), strike ``and'' after the 
semicolon at the end of paragraph (3), and insert after paragraph (3) 
the following (and redesignate the subsequent paragraph accordingly):
        ``(4) prior to obligating funds to acquire biodetection systems 
        for purposes of operational testing and evaluation, require--
                ``(A) a determination of the sensitivity and 
                specificity of the currently deployed biodetection 
                system;
                ``(B) an assessment of the sensitivity and specificity 
                of the next generation biodetection system or systems 
                under consideration for acquisition and whether it 
                meets established operational requirements;
                ``(C) provision of all raw data to the Science and 
                Technology Directorate to enable the Under Secretary 
                to--
                        ``(I) conduct a trade-off study comparing the 
                        results of subparagraphs (A) and (B); and
                        ``(ii) perform a technical readiness assessment 
                        in accordance with section 308(b); and
                ``(D) that the findings under subparagraph C) inform 
                the cost-benefit analysis under paragraph (5)(A) and 
                any acquisition decision made by the Acquisition Review 
                Board under section 708C) of the biodetection system or 
                systems under consideration; and
In section 505, in the quoted section 2105(b)(5) (as so redesignated), 
strike ``and'' after the semicolon at the end of subparagraph (B), 
strike the period at the end of subparagraph C) and insert ``; and'', 
and after subparagraph C) add a new paragraph ``(D)''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Richardson (#1U) was WITHDRAWN by 
unanimous consent.

In section 507, in the quoted section 527(a)(1)(B)(i), strike ``and 
tribal authorities'' and insert ``tribal, and port authorities''.

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Richmond (#1V) was NOT AGREED TO, by 
a recorded vote of 14 yeas and 19 nays (Roll Call Vote No. 22).

At the end of title IX add a new section entitled ``Sec. _. Prohibition 
of Requirement of Budgetary Offsets for Emergency Disaster Assistance 
During 2011 and 2012.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson (#1W) was NOT AGREED TO, by 
a recorded vote of 14 yeas and 19 nays (Roll Call Vote No. 23).

Strike section 521 and insert a new section entitled ``Sec. 521. Sense 
of Congress Regarding Homeland Security Grant Funding.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Higgins (#1X) was NOT AGREED TO, by a 
recorded vote of 14 yeas and 19 nays (Roll Call Vote No. 24).

In title V, at the end of subtitle B add the following new sections:
        ``Sec. _. Assistance to Firefighters Grant Program 
        Reauthorization.'';
        ``Sec. _. Expansion of Pre-September 11, 2001, Fire Grant 
        Program Reauthorization.''; and
        ``Sec. _. Study and Report.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Higgins (#1Y) was NOT AGREED TO, by a 
recorded vote of 12 yeas and 17 nays (Roll Call Vote No. 25).

In title V, at the end of subtitle B add a new section entitled ``Sec. 
_. Preservation of Urban Area Security Initiative Security Gains.''

      An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Lungren (#1Z) was AGREED TO by 
unanimous consent. The en bloc amendment consisted of the 
following:
        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Keating;

          Strike and replace section 104 a new section entitled ``Sec. 
        104. Department of Homeland Security International Affairs 
        Office.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Keating;

          At the appropriate place in title I, insert a new section 
        entitled ``Sec. _. Cost of Submissions to Congress.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Keating;

          At the appropriate place in title I, insert a new section 
        entitled ``Sec. _. Protection of Name, Initials, Insignia, and 
        Seal.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Keating;

          At the appropriate place in title I, insert a new section 
        entitled ``Sec. _. Office of Policy.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Davis;

          At the appropriate place in title I, insert a new section 
        entitled ``Sec. _. Federal Vacancy Compliance.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Hahn;

          At the appropriate place in title I, insert a new section 
        entitled Sec. _. Electronic Submissions.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Jackson Lee;

          Section 18, line 17, insert a new paragraph entitled ``(d) 
        Submittal of Notification to Congress.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Lungren;

          At the end of title I add a new section entitled ``Sec. _. 
        Chief Information Officer.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Meehan;

          At the end of title I add a new section entitled ``Sec. _. 
        Cost Savings and Efficiency Reviews.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Thompson;

          At the appropriate place in title II, insert a new section 
        entitled ``Sec. 3._ Support and Oversight of Fusion Centers.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Speier;

          At the appropriate place in title III, insert a new section 
        entitled ``Sec. 2._ Audit on Privacy and Civil Liberties and 
        Update on Privacy and Civil Liberties Impact Assessments.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Richardson;

          In section 504, on page 77, line 15, after ``materials'' and 
        before ``against'' and insert ``, including those that cause 
        mass fatalities.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Richardson;

          At the end of title IX add a new section entitled ``Sec. _. 
        Guidance to and Coordination with Local Educational and School 
        Districts.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Richmond;

          At the appropriate place in the bill, insert a new section 
        entitled ``Sec. _. Certification that Disaster Fund Recipients 
        Subject to Recoupment Receive a Notice of Debt and Opportunity 
        to Appeal Before Debt is Forwarded to Department of 
        Treasury.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Davis;

          Page 113, beginning on line 22, strike subsection (b) and 
        insert a new subsection entitled ``(b) Uses of Funds.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Bilirakis;

          In title V, at the end of subtitle B add a new section 
        entitled ``Sec. _. Prioritization.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Sanchez;

          At the appropriate place in the bill, insert a new section 
        entitled ``Sec. _. Transportation Security Grant Program 
        Study.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Richardson;

          In title V, at the end of subtitle B add a new section 
        entitled ``Sec. _. Interagency Grants Working Group.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Richardson;

          In title V, at the end of subtitle C add a new section 
        entitled ``Sec. _. Integrated Public Alert and Warning System 
        Modernization.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Rogers;

          Page 120, after line 15, insert a new paragraph (1) (and 
        renumber the subsequent paragraphs accordingly.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Bilirakis;

          In title V, at the end of subtitle D add a new section 
        entitled ``Sec. _. Conforming Amendment.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Richardson;

          In title V, at the end of subtitle D add a new section 
        entitled ``Sec. _. Delegation of Authorities to the Regional 
        Offices Review.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Cuellar;

          In title V, at the end of subtitle D add a new section 
        entitled ``Sec. _. Lessons Learned for National Level 
        Exercises.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Hahn;

          In section 612(b), insert before the period at the end the 
        following ``, including NEXUS, SENTRI, and Global Entry''. In 
        section 612(C), insert before the period at the end the 
        following: ``, including NEXUS, SENTRI, and Global Entry''. At 
        the end of title VI, insert a new section entitled ``Sec. 6_. 
        Border crossing Documentation.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Hahn;

          At the end of title VI add a new section entitled ``Sec. _. 
        Internal Review of Adequacy of U.S. Customs and Border 
        Protection in Busiest International Airports.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Hahn;

          At the end of title VI add a new section entitled ``Sec. _. 
        Port Security Grant Program.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Hahn;

          At the end of title IX add a new section entitled ``Sec. _. 
        Federal Law Enforcement Training opportunities for State and 
        Local Law Enforcement Personnel with Responsibilities for 
        Securing Ports.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Richardson;

          At the end of title VI, add a new section entitled ``Sec. _. 
        Port Security Grant Funding for Mandated Security Personnel.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Sanchez;

          At the end of title VI add a new section entitled ``Sec, _. 
        Securing the TWIC Against use by Unauthorized Aliens.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Sanchez;

          At the end of title VI add a new section entitled ``Sec. _. 
        Small Vessel Threat Analysis.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Sanchez;

          At the appropriate place in the bill, insert a new section 
        entitled ``Sec. _. Customs and Border Protection 
        Professionalism and Transparency.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Richmond;

          Within 90 days of enactment of this Act, the Secretary of 
        Homeland Security shall implement outreach to enhance awareness 
        and increase participation of qualified students at Institutes 
        of Higher Education, including Minority Serving Institutions 
        such as Historically Black Colleges and Universities, Hispanic 
        Serving Institutions, and Tribal Colleges and Universities, in 
        the Department of Homeland Security's Science and Technology 
        Directorate Fellows program.;

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Clarke of Michigan;

          At the end of title IX add a new section entitled ``Sec. _. 
        Security Gaps at Drinking Water and Wastewater Treatment 
        Facilities.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Richardson;

          At the end of title IX add a new section entitled ``Sec. _. 
        Guidance and Coordination for Outreach to People with 
        Disabilities During Emergencies.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Ms. Richardson;

          In title V, redesignate subtitle D as subtitle E, redesignate 
        the section of such subtitle as section 581 through 585, and 
        before such subtitle insert a new Subtitle S entitled 
        ``Subtitle D-Broadband for First Responders.''; were AGREED TO 
        by unanimous consent.

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Marino (#1AA) was AGREED TO by voice 
vote.

In title V, at the end of subtitle D add a new section entitled ``Sec. 
_. System Assessment and Validation for Emergency Responders.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. McCaul (#1BB) was AGREED TO by voice 
vote.

In section 602(a), insert at the end the following: (8) The feasibility 
of using existing Tethered Aerostat Radar Systems for use along the 
southwest border.

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. McCaul (#1CC) was AGREED TO, as 
amended, by voice vote.

In section 604, add at the end a new subsection entitled ``(f) 
Authorization of Appropriations.''

          A unanimous consent request by Mr. McCaul to modify 
        the amendment so as to read ``The $15.4 million in 
        funds utilized to fund ICE's border enforcement 
        security task force, better known as ``BEST Teams'', 
        will be taken from the cancellation of the Department's 
        Advanced Spectroscopic Portal Program, or ASP.''; was 
        not objected to.

      An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Cuellar; (#1DD) was AGREED TO by 
unanimous consent. The en bloc amendment consisted of the 
following:

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Cuellar;

          In section 602, add at the end a new subsection entitled 
        ``(f) Priority.'';
        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Cuellar;

          In section 607(b)(5), insert ``at and'' after ``entries''.;

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Cuellar;

          In section 603, add a new subsection entitled ``C) 
        Deployment.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Cuellar;

          At the end of title VI, add a new section entitled ``Sec. 6_. 
        Sense of Congress Regarding Deployment of Additional UAV.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Cuellar;

          At the end of title VI add a new section entitled ``Sec. 6_. 
        Report on Status of Unobligated Balances in U.S. Customs and 
        Border Protection Customs User Fee Account.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Cuellar;

          At the end of title VI add a new section entitled ``Sec. 6_. 
        Outbound Inspections.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Cuellar;

          At the end of title VI add a new section entitled ``Sec. 6_. 
        Deporting Criminal Aliens.'';

        An amendment to the Amendment in the Nature of a 
        Substitute offered by Mr. Cuellar;

          At the end of title VI, add a new section entitled ``Sec. 6_. 
        Establishment of Immigration and Customs Enforcement.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Quayle (#1EE) was AGREED TO by voice 
vote.

Strike section 606 and insert a new section entitled ``Sec. 606. 
Prohibition on Impeding Certain Activities of U.S. Customs and Border 
Protection Related to Border Security.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Long (#1FF) was AGREED TO, by voice 
vote.

At the end of section 607 add at the end a new subsection entitled 
``(d) Off-the-shelf Technology.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. McCaul (#1GG) was AGREED TO by voice 
vote.

At the end of title VI, insert a new section entitled ``Sec. 6_. Report 
on Drug Cartels.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. McCaul (#1HH) was AGREED TO by voice 
vote.

At the end of title VI, insert a new section entitled ``Sec 6_. 
Increase in Unmanned Aerial Vehicles.'';

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. McCaul (#1II) was AGREED TO by voice 
vote.

At the end of title VI, insert a new section entitled ``Sec. 6_. Border 
Area Security Initiative.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Clarke of Michigan (#1JJ) was 
WITHDRAWN by unanimous consent.

At the end of title VI add a new section entitled ``Sec. _. Northern 
Border Security Test Bed.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Duncan (#1KK) was AGREED TO by voice 
vote.

At the end of title VI, insert a new section entitled ``Sec. 6_. 
Foreign Terrorist Organizations.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Duncan (#1LL) was AGREED TO by voice 
vote.

At the end of title VI, insert a new section entitled ``Sec. 6_. Border 
Condition Index.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Duncan (#1MM) was AGREED TO by voice 
vote.

At the end of title VI, add new section entitled ``Sec. 6_. Sense of 
Congress.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Rigell (#1NN) was WITHDRAWN by 
unanimous consent.

At the end to title VI, insert a new section entitled ``Sec. 6_. GAO 
Review of Costs and Deployment of VISA Security Program Operations and 
Personnel.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson (#1OO) was AGREED TO by 
voice vote.

At the end of title VI add a new section entitled ``Sec. 6_. Issuance 
of Visas at Designated Diplomatic and Consular Posts.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Cravaack (#1PP) was AGREED TO by 
voice vote.

In section 609, add at the end a new subsection entitled ``(e) Rule of 
Construction.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Cravaack (#1QQ) was AGREED TO, as 
amended, by voice vote.

At the end of title VI, insert a new section entitled ``Sec. 6_. 
Private-Public Partnership for Land Port of Entry Project.''

          An amendment offered by Mr. Cuellar to the amendment 
        offered by Mr. Cravaack to the Amendment in the Nature 
        of a Substitute (#1QQ1) was AGREED TO by voice vote.

        Page 2, after line 18, insert a new subsection entitled ``(f) 
        Authority to Agree to Amendment to the Border Environment 
        Cooperation Agreement.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Jackson Lee (#1RR) was AGREED TO, by 
a recorded vote of 31 yeas and 0 nays (Roll Call Vote No. 26).

At the end of title VI, add a new section entitled ``Sec. _. Report to 
Congress on Immigration Advisory Program.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Jackson Lee (#1SS) was NOT AGREED TO, 
by a recorded vote of 14 yeas and 17 nays (Roll Call Vote No. 
27).

Insert at the appropriate place a new section entitled ``Sec. _. 
Increased Border Patrol Staffing.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Keating (#1TT) was AGREED TO, as 
amended, by voice vote.

At the end of title VI add a new section entitled ``Sec. _. Coast Guard 
Deployable Special Forces Assets.''

          A unanimous consent request by Mr. Keating to amend 
        his amendment by striking on line 6 ``Safety and'' and 
        inserting after ``Security'', ``Response''; was not 
        objected to.

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson (#1UU) was NOT AGREED TO, by 
a recorded vote of 14 yeas and 17 nays (Roll Call Vote No. 28).

At the end of title VI add a new section entitled ``Sec. _. Expiration 
of Certain Transportation Worker Identification Credentials.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Richmond (#1VV) was AGREED TO by 
voice vote.

At the end of title IX add a new section entitled ``Sec. _. TWIC 
Process Reform.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Sanchez (#1WW) was AGREED TO, by a 
recorded vote of 31 yeas and 0 nays (Roll Call Vote No. 29).

At the end of title VI, add a new section entitled ``Sec. 6_. 
Implementation of US-VISIT Biometric Exit.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Sanchez (#1XX) was WITHDRAWN by 
unanimous consent.

At the appropriate place in the bill, insert a new section entitled 
``Sec. _. Pilot Program on Security Screening of Passengers on 
Commercial Flights Originating Outside the United States.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Sanchez (#1YY) was AGREED TO by voice 
vote.

At the appropriate place in the bill, insert a new section entitled 
``Sec. _. Coordination with the Transportation Security Administration 
on Risk-Based Screening of Aviation Passengers.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Sanchez (#1ZZ) was WITHDRAWN by 
unanimous consent.

At the appropriate place in the bill, insert a new section entitled 
``Sec. _. Pilot Program on Border Connectivity.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Sanchez (#1AAA) was NOT AGREED TO, by 
a recorded vote of 15 yeas and 16 nays (Roll Call Vote No. 30).

At the appropriate place in the bill, insert a new section entitled 
``Sec. _. Border Security Searches of Electronic Devices.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Sanchez (#1BBB) was AGREED TO by 
voice vote.

At the appropriate place in the bill, insert a new section entitled 
``Sec. _. Enhanced Customer Service Standards and Professionalism 
Training.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Speier (#1CCC) was NOT AGREED TO, by 
a recorded vote of 14 yeas and 17 nays (Roll Call Vote No. 31).

Page 42, line 25, strike ``or''.
Page 43, line 2, after the semicolon, insert ``or'' and
Page 43, after line 2, insert a new subparagraph (iii) Page 43, line 7, 
strike ``and''.
Page 43, line 12, strike the period and insert ``; and''.
Page 43, after line 12, insert a new paragraph (5).

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Speier (#1DDD) was AGREED TO by voice 
vote.

At the end of title II, insert a new section entitled ``Sec. 2_. 
Financial Management.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Cuellar (#1EEE) was WITHDRAWN by 
unanimous consent.

At the end of title VI add a new section entitled ``Sec. 6_. Customs 
and Border Protection Officers.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Lungren (#1FFF) was AGREED TO by 
voice vote.

In section 701(a), in the quoted section 318(b), add at the end a new 
paragraph (7).

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Davis (#1GGG) was NOT AGREED TO, by a 
recorded vote of 14 yeas and 18 nays (Roll Call Vote No. 32).

At the end of title VII add a new section entitled ``Sec. _. Office of 
Public-Private Partnerships.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Rigell (#1HHH) was AGREED TO by voice 
vote.

In section 802, in the quoted section 890B(d)(2), strike ``The term'' 
and insert a new paragraph entitled ``(A) In General.''
In section 802, in the quoted section 890(d)(2), add at the end a new 
paragraph entitled ``(B) Maritime-Related Acts.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Turner (#1III) was AGREED TO by voice 
vote.

In title VII, at the end of subtitle A add a new section entitled 
``Sec. _. Independent Testing and Evaluation of Homeland Security 
Detection Technologies.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Clarke of New York (#1JJJ) was AGREED 
TO by voice vote.

At the end of title VII add a new section entitled ``Sec. _. Buy 
American Requirement for Information Technology.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Keating (#1KKK) was AGREED TO by 
voice vote.

At the end of title IX add a new section entitled ``Sec. _. Report on 
Progress Toward Conducting Security Vulnerability Assessments at 
airports in the United States.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson (#1LLL) was AGREED TO, as 
amended, by voice vote.

At the end of title VII add a new sections entitled ``Sec. _. 
University-Based Centers.''; ``Sec. _. Review of University-Based 
Centers.''

          A unanimous consent request by Mr. Thompson to strike 
        ``$41,200,000'' on line 3 and insert ``$36,600,000''; 
        was not objected to.

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Jackson Lee (#1MMM) was NOT AGREED 
TO, by a recorded vote of 14 yeas and 18 nays (Roll Call Vote 
No. 33).

Page 17, after line 6, insert a new subsection entitled ``(e) Rule of 
Construction.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Jackson Lee (#1NNN) was NOT AGREED TO 
by voice vote.

In section 526, strike subsection (a).

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Clarke of Michigan (#1OOO) was AGREED 
TO by voice vote.

At the end of title VII add a new section entitled ``Sec. _. Northern 
Border Unmanned Aerial Vehicle Pilot Project.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson (#1PPP) was NOT AGREED TO, 
by a recorded vote of 14 yeas and 18 nays (Roll Call Vote No. 
34).

At the appropriate place in title IX, insert a new subtitle entitled 
``Subtitle _-Federal Protective Service.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson (#1QQQ) was AGREED TO by 
voice vote.

At the appropriate place in title IX, insert a new section entitled 
``Sec. _. Regulation of the Sale and Transfer of Ammonium Nitrate.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Duncan (#1RRR) was AGREED TO by voice 
vote.

At the appropriate place insert a new section entitled ``Sec. _. Sense 
of Congress on Inclusion of the Western Hemisphere in the 2012 National 
Strategy for Counterterrorism's ``Area of Focus''.

      An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Clarke of Michigan (#1SSS) was NOT 
AGREED TO by voice vote.

In title V, at the end of subtitle B insert a new section entitled 
``Sec. _. Treatment of Detroit Urban Area as Tier I Area.''

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Jackson Lee (#1TTT) was AGREED TO by 
voice vote.

At the end of subtitle D of title V insert a new section entitled 
``Sec. 5_. National Transportation Security Center of Excellence.'';

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Jackson Lee (#1UUU) was AGREED TO by 
voice vote.

At the end of subtitle D of Title V, insert a new section entitled 
``Sec. 5_. Mental Health Counseling for Disaster Victims.

      An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Jackson Lee (#1VVV) was AGREED TO by 
voice vote.

At the end of subtitle D of title V, insert a new section entitled 
``Sec. _. Effectiveness of Certain Disaster Preparation.''

    A unanimous consent request by Mr. Thompson that, prior to 
the vote on the Amendment in the Nature of a Substitute, that 
there be inserted a new title ``Port and Maritime Security''; 
and to integrate all port and maritime security sections into 
the title; was objected to.
    A unanimous consent request by Mr. Thompson that, the 
Committee postpone the vote on reporting H.R. 3116 to the House 
until after the Committee has received a score of the measure 
by the Congressional Budget Office; was objected to.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    The Committee on Homeland Security considered H.R. 3116 on 
October 12 and 13, 2011, and took the following recorded votes:

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Thompson (#1A); After section 4 insert a new 
section entitled ``Sec. _. Authorization of Appropriations.''; 
was NOT AGREED TO by a recorded vote of 13 yeas and 19 nays 
(Roll Call Vote No. 13). The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Mr. Cedric L. Richmond              Mr. Tim Walberg
Mr. Hansen Clarke                   Mr. Chip Cravaack
Mr. William R. Keating              Mr. Joe Walsh
Ms. Kathleen C. Hochul              Mr. Patrick Meehan
Ms. Janice Hahn                     Mr. Benjamin Quayle
                                    Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Clarke (#1B); Strike section 102.; was NOT 
AGREED TO, by a recorded vote of 14 yeas and 19 nays (Roll Call 
Vote No. 14). The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Thompson (#1C); Before section 101 insert the 
new section entitled ``Sec. _. Counterterrorism Coordination.'' 
and make appropriate conforming changes.; was NOT AGREED TO, by 
a recorded vote of 14 yeas and 19 nays (Roll Call Vote No. 15). 
The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Clarke of New York (#1D); Before section 101 
insert a new section and make conforming changes ``Sec. 101. 
Directorate of Infrastructure Protection and Cybersecurity.''; 
was NOT AGREED TO, by a recorded vote of 14 yeas and 19 nays 
(Roll Call Vote No. 16). The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Davis (#1E); At the appropriate place in title 
I, insert a new section entitled ``Sec. _. Oversight of 
Department of Homeland Security.''; was NOT AGREED TO by a 
recorded vote of 14 yeas and 19 nays (Roll Call Vote No. 17). 
The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Cuellar (#1F); At the appropriate place in title 
I, insert a new section entitled ``Sec. 1_. Danger Pay 
Allowances for Employees of the Department of Homeland 
Security.''; was AGREED TO, by a recorded vote of 33 yeas and 0 
nays (Roll Call Vote No. 18). The vote was as follows:
        YEAS                          NAYS
Mr. Peter T. King
Mr. Lamar Smith
Mr. Daniel E. Lungren
Mr. Mike Rogers
Mr. Michael T. McCaul
Mr. Gus M. Bilirakis
Mr. Paul C. Broun
Mrs. Candice S. Miller
Mr. Tim Walberg
Mr. Chip Cravaack
Mr. Joe Walsh
Mr. Patrick Meehan
Mr. Benjamin Quayle
Mr. E. Scott Rigell
Mr. Billy Long
Mr. Jeff Duncan
Mr. Tom Marino
Mr. Blake Farenthold
Mr. Robert L. Turner
Mr. Bennie G. Thompson
Ms. Loretta Sanchez
Ms. Sheila Jackson Lee
Mr. Henry Cuellar
Ms. Yvette D. Clarke
Ms. Laura Richardson
Mr. Danny K. Davis
Mr. Brian Higgins
Ms. Jackie Speier
Mr. Cedric L. Richmond
Mr. Hansen Clarke
Mr. William R. Keating
Ms. Kathleen C. Hochul
Ms. Janice Hahn

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Hochul (#1K); At the appropriate place in title 
II, insert a new section entitled ``Sec. 2_. Buy American 
Requirements Imposed on Department of Homeland Security; 
Exceptions.''; was AGREED TO, by a recorded vote of 32 yeas and 
0 nays (Roll Call Vote No. 19). The vote was as follows:
        YEAS                          NAYS
Mr. Peter T. King
Mr. Lamar Smith
Mr. Mike Rogers
Mr. Michael T. McCaul
Mr. Gus M. Bilirakis
Mr. Paul C. Broun
Mrs. Candice S. Miller
Mr. Tim Walberg
Mr. Chip Cravaack
Mr. Joe Walsh
Mr. Patrick Meehan
Mr. Benjamin Quayle
Mr. E. Scott Rigell
Mr. Billy Long
Mr. Jeff Duncan
Mr. Tom Marino
Mr. Blake Farenthold
Mr. Robert L. Turner
Mr. Bennie G. Thompson
Ms. Loretta Sanchez
Ms. Sheila Jackson Lee
Mr. Henry Cuellar
Ms. Yvette D. Clarke
Ms. Laura Richardson
Mr. Danny K. Davis
Mr. Brian Higgins
Ms. Jackie Speier
Mr. Cedric L. Richmond
Mr. Hansen Clarke
Mr. William R. Keating
Ms. Kathleen C. Hochul
Ms. Janice Hahn

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Clarke of Michigan (#1O); At the end of title 
II, add a new section entitled ``Sec. _. Preference for Vendors 
in Enterprise Zones, HUB Zones, and High Unemployment Areas.''; 
was NOT AGREED TO, by a recorded vote of 14 yeas and 19 nays 
(Roll Call Vote No. 20). The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Clarke of New York (#1S); At the appropriate 
place in title III, insert a new section entitled ``Sec. 3_. 
Cybersecurity Training Pilot Program.''; was NOT AGREED TO, by 
a recorded vote of 14 yeas and 19 nays (Roll Call Vote No. 21). 
The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Richmond (#1V); At the end of title IX add a new 
section entitled ``Sec. _. Prohibition of Requirement of 
Budgetary Offsets for Emergency Disaster Assistance During 2011 
and 2012.''; was NOT AGREED TO, by a recorded vote of 14 yeas 
and 19 nays (Roll Call Vote No. 22). The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Thompson (#1W); Strike section 521 and insert a 
new section entitled ``Sec. 521. Sense of Congress Regarding 
Homeland Security Grant Funding.''; was NOT AGREED TO, by a 
recorded vote of 14 yeas and 19 nays (Roll Call Vote No. 23). 
The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Higgins (#1X); In title V, at the end of 
subtitle B add the following new sections: ``Sec. _. Assistance 
to Firefighters Grant Program Reauthorization.''; Sec. _. 
Expansion of Pre-September 11, 2001, Fire Grant Program 
Reauthorization.''; and ``Sec. _. Study and Report.''; was NOT 
AGREED TO, by a recorded vote of 14 yeas and 19 nays (Roll Call 
Vote No. 24). The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Higgins (#1Y); In title V, at the end of 
subtitle B add a new section entitled ``Sec. _. Preservation of 
Urban Area Security Initiative Security Gains.''; was NOT 
AGREED TO, by a recorded vote of 12 yeas and 17 nays (Roll Call 
Vote No. 25). The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Yvette D. Clarke                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner
                                    Ms. Laura Richardson

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Jackson Lee (#1RR); At the end of title VI, add 
a new section entitled ``Sec. _. Report to Congress on 
Immigration Advisory Program.''; was AGREED TO, by a recorded 
vote of 31 yeas and 0 nays (Roll Call Vote No. 26). The vote 
was as follows:
        YEAS                          NAYS
Mr. Peter T. King
Mr. Lamar Smith
Mr. Mike Rogers
Mr. Michael T. McCaul
Mr. Gus M. Bilirakis
Mr. Paul C. Broun
Mrs. Candice S. Miller
Mr. Tim Walberg
Mr. Chip Cravaack
Mr. Patrick Meehan
Mr. Benjamin Quayle
Mr. E. Scott Rigell
Mr. Billy Long
Mr. Jeff Duncan
Mr. Tom Marino
Mr. Blake Farenthold
Mr. Robert L. Turner
Mr. Bennie G. Thompson
Ms. Loretta Sanchez
Ms. Sheila Jackson Lee
Mr. Henry Cuellar
Ms. Yvette D. Clarke
Ms. Laura Richardson
Mr. Danny K. Davis
Mr. Brian Higgins
Ms. Jackie Speier
Mr. Cedric L. Richmond
Mr. Hansen Clarke
Mr. William R. Keating
Ms. Kathleen C. Hochul
Ms. Janice Hahn

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Jackson Lee (#1SS); Insert at the appropriate 
place a new section entitled ``Sec. _. Increased Border Patrol 
Staffing.''; was NOT AGREED TO, by a recorded vote of 14 yeas 
and 17 nays (Roll Call Vote No. 27). The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Yvette D. Clarke                Mr. Gus M. Bilirakis
Ms. Laura Richardson                Mr. Paul C. Broun
Mr. Danny K. Davis                  Mrs. Candice S. Miller
Mr. Brian Higgins                   Mr. Tim Walberg
Ms. Jackie Speier                   Mr. Chip Cravaack
Mr. Cedric L. Richmond              Mr. Patrick Meehan
Mr. Hansen Clarke                   Mr. Benjamin Quayle
Mr. William R. Keating              Mr. E. Scott Rigell
Ms. Kathleen C. Hochul              Mr. Billy Long
Ms. Janice Hahn                     Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Thompson (#1UU); At the end of title VI add a 
new section entitled ``Sec. _. Expiration of Certain 
Transportation Worker Identification Credentials.''; was NOT 
AGREED TO, by a recorded vote of 14 yeas and 17 nays (Roll Call 
Vote No. 28). The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Yvette D. Clarke                Mr. Gus M. Bilirakis
Ms. Laura Richardson                Mr. Paul C. Broun
Mr. Danny K. Davis                  Mrs. Candice S. Miller
Mr. Brian Higgins                   Mr. Tim Walberg
Ms. Jackie Speier                   Mr. Chip Cravaack
Mr. Cedric L. Richmond              Mr. Patrick Meehan
Mr. Hansen Clarke                   Mr. Benjamin Quayle
Mr. William R. Keating              Mr. E. Scott Rigell
Ms. Kathleen C. Hochul              Mr. Billy Long
Ms. Janice Hahn                     Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Sanchez (#1WW); At the end of title VI, add a 
new section entitled ``Sec. 6_. Implementation of US-VISIT 
Biometric Exit.''; was AGREED TO, by a recorded vote of 31 yeas 
and 0 nays (Roll Call Vote No. 29). The vote was as follows:
        YEAS                          NAYS
Mr. Peter T. King
Mr. Lamar Smith
Mr. Mike Rogers
Mr. Michael T. McCaul
Mr. Gus M. Bilirakis
Mr. Paul C. Broun
Mrs. Candice S. Miller
Mr. Tim Walberg
Mr. Chip Cravaack
Mr. Patrick Meehan
Mr. Benjamin Quayle
Mr. E. Scott Rigell
Mr. Billy Long
Mr. Jeff Duncan
Mr. Tom Marino
Mr. Blake Farenthold
Mr. Robert L. Turner
Mr. Bennie G. Thompson
Ms. Loretta Sanchez
Ms. Sheila Jackson Lee
Mr. Henry Cuellar
Ms. Yvette D. Clarke
Ms. Laura Richardson
Mr. Danny K. Davis
Mr. Brian Higgins
Ms. Jackie Speier
Mr. Cedric L. Richmond
Mr. Hansen Clarke
Mr. William R. Keating
Ms. Kathleen C. Hochul
Ms. Janice Hahn

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Sanchez (#1AAA); At the appropriate place in the 
bill, insert a new section entitled ``Sec. _. Border Security 
Searches of Electronic Devices.''; was NOT AGREED TO, by a 
recorded vote of 15 yeas and 16 nays (Roll Call Vote No. 30). 
The vote was as follows:
        YEAS                          NAYS
Mr. Blake Farenthold                Mr. Peter T. King
Mr. Bennie G. Thompson              Mr. Lamar Smith
Ms. Loretta Sanchez                 Mr. Mike Rogers
Ms. Sheila Jackson Lee              Mr. Michael T. McCaul
Mr. Henry Cuellar                   Mr. Gus M. Bilirakis
Ms. Yvette D. Clarke                Mr. Paul C. Broun
Ms. Laura Richardson                Mrs. Candice S. Miller
Mr. Danny K. Davis                  Mr. Tim Walberg
Mr. Brian Higgins                   Mr. Chip Cravaack
Ms. Jackie Speier                   Mr. Patrick Meehan
Mr. Cedric L. Richmond              Mr. Benjamin Quayle
Mr. Hansen Clarke                   Mr. E. Scott Rigell
Mr. William R. Keating              Mr. Billy Long
Ms. Kathleen C. Hochul              Mr. Jeff Duncan
Ms. Janice Hahn                     Mr. Tom Marino
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Speier (#1CCC); Page 42, line 25, strike ``or''.
    Page 43, line 2, after the semicolon, insert ``or'' and
    Page 43, after line 2, insert a new subparagraph (iii) Page 
43, line 7, strike ``and''.
    Page 43, line 12, strike the period and insert ``; and''.
    Page 43, after line 12, insert a new paragraph (5).; was 
NOT AGREED TO, by a recorded vote of 14 yeas and 17 nays (Roll 
Call Vote No. 31). The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Yvette D. Clarke                Mr. Gus M. Bilirakis
Ms. Laura Richardson                Mr. Paul C. Broun
Mr. Danny K. Davis                  Mrs. Candice S. Miller
Mr. Brian Higgins                   Mr. Tim Walberg
Ms. Jackie Speier                   Mr. Chip Cravaack
Mr. Cedric L. Richmond              Mr. Patrick Meehan
Mr. Hansen Clarke                   Mr. Benjamin Quayle
Mr. William R. Keating              Mr. E. Scott Rigell
Ms. Kathleen C. Hochul              Mr. Billy Long
Ms. Janice Hahn                     Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Davis (#1GGG); At the end of title VII add a new 
section entitled ``Sec. _. Office of Public-Private 
Partnerships.''; was NOT AGREED TO, by a recorded vote of 14 
yeas and 18 nays (Roll Call Vote No. 32). The vote was as 
follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Patrick Meehan
Mr. William R. Keating              Mr. Benjamin Quayle
Ms. Kathleen C. Hochul              Mr. E. Scott Rigell
Ms. Janice Hahn                     Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Jackson Lee (#1MMM) Page 17, after line 6, 
insert a new subsection entitled ``(e) Rule of Construction.''; 
was NOT AGREED TO, by a recorded vote of 14 yeas and 18 nays 
(Roll Call Vote No. 33). The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Patrick Meehan
Mr. William R. Keating              Mr. Benjamin Quayle
Ms. Kathleen C. Hochul              Mr. E. Scott Rigell
Ms. Janice Hahn                     Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Thompson (#1PPP); At the appropriate place in 
title IX, insert a new subtitle entitled ``Subtitle _-Federal 
Protective Service.''; was NOT AGREED TO, by a recorded vote of 
14 yeas and 18 nays (Roll Call Vote No. 34). The vote was as 
follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Lamar Smith
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Yvette D. Clarke                Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Ms. Jackie Speier                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Patrick Meehan
Mr. William R. Keating              Mr. Benjamin Quayle
Ms. Kathleen C. Hochul              Mr. E. Scott Rigell
Ms. Janice Hahn                     Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Tom Marino
                                    Mr. Blake Farenthold
                                    Mr. Robert L. Turner

    An Amendment in the Nature of a Substitute offered by Mr. 
King (#1) was AGREED TO, as amended, by a recorded vote of 18 
yeas and 14 nays (Roll Call Vote No. 35). The vote was as 
follows:
        YEAS                          NAYS
Mr. Peter T. King                   Mr. Bennie G. Thompson
Mr. Lamar Smith                     Ms. Loretta Sanchez
Mr. Daniel E. Lungren               Ms. Sheila Jackson Lee
Mr. Mike Rogers                     Mr. Henry Cuellar
Mr. Michael T. McCaul               Ms. Yvette D. Clarke
Mr. Gus M. Bilirakis                Ms. Laura Richardson
Mr. Paul C. Broun                   Mr. Danny K. Davis
Mrs. Candice S. Miller              Mr. Brian Higgins
Mr. Tim Walberg                     Ms. Jackie Speier
Mr. Chip Cravaack                   Mr. Cedric L. Richmond
Mr. Patrick Meehan                  Mr. Hansen Clarke
Mr. Benjamin Quayle                 Mr. William R. Keating
Mr. E. Scott Rigell                 Ms. Kathleen C. Hochul
Mr. Billy Long                      Ms. Janice Hahn
Mr. Jeff Duncan
Mr. Tom Marino
Mr. Blake Farenthold
Mr. Robert L. Turner

    The Committee adopted H.R. 3116, as amended, by a recorded 
vote of 19 yeas and 13 nays. (Roll Call Vote No. 36). The vote 
was as follows:
        YEAS                          NAYS
Mr. Peter T. King                   Mr. Bennie G. Thompson
Mr. Lamar Smith                     Ms. Loretta Sanchez
Mr. Daniel E. Lungren               Ms. Sheila Jackson Lee
Mr. Mike Rogers                     Ms. Yvette D. Clarke
Mr. Michael T. McCaul               Ms. Laura Richardson
Mr. Gus M. Bilirakis                Mr. Danny K. Davis
Mr. Paul C. Broun                   Mr. Brian Higgins
Mrs. Candice S. Miller              Ms. Jackie Speier
Mr. Tim Walberg                     Mr. Cedric L. Richmond
Mr. Chip Cravaack                   Mr. Hansen Clarke
Mr. Patrick Meehan                  Mr. William R. Keating
Mr. Benjamin Quayle                 Ms. Kathleen C. Hochul
Mr. E. Scott Rigell
Mr. Billy Long
Mr. Jeff Duncan
Mr. Tom Marino
Mr. Blake Farenthold
Mr. Robert L. Turner
Mr. Henry Cuellar

    H.R. 3116, to authorize certain programs of the Department 
of Homeland Security, and for other purposes.; was ordered to 
be reported to the House with a favorable recommendation, 
amended, by a recorded vote of 20 yeas and 12 nays (Roll Call 
Vote No. 37). The vote was as follows:
        YEAS                          NAYS
Mr. Peter T. King                   Mr. Bennie G. Thompson
Mr. Lamar Smith                     Ms. Loretta Sanchez
Mr. Daniel E. Lungren               Ms. Sheila Jackson Lee
Mr. Mike Rogers                     Ms. Yvette D. Clarke
Mr. Michael T. McCaul               Ms. Laura Richardson
Mr. Gus M. Bilirakis                Mr. Danny K. Davis
Mr. Paul C. Broun                   Mr. Brian Higgins
Mrs. Candice S. Miller              Ms. Jackie Speier
Mr. Tim Walberg                     Mr. Cedric L. Richmond
Mr. Chip Cravaack                   Mr. Hansen Clarke
Mr. Patrick Meehan                  Mr. William R. Keating
Mr. Benjamin Quayle                 Ms. Kathleen C. Hochul
Mr. E. Scott Rigell
Mr. Billy Long
Mr. Jeff Duncan
Mr. Tom Marino
Mr. Blake Farenthold
Mr. Robert L. Turner
Mr. Henry Cuellar
Ms. Janice Hahn

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3116, the Department of Homeland Security Authorization Act for 
Fiscal Year 2012, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 3116 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    The purpose of H.R. 3116, the Department of Homeland 
Security Authorization Act for Fiscal Year 2012, is to improve 
coordination in the programs of the Department of Homeland 
Security, eliminate waste and redundancy and encourage 
efficiencies within the Department, and maximize the security 
benefits of the Department's programs.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 3116 does 
not preempt any State, local, or Tribal law.

                      Advisory Committee Statement

    In compliance with section 5(b) of the Federal Advisory 
Committee Act, requiring the report of any Committee 
establishing, or authorizing the establishment of any advisory 
committee to include a statement as to whether the functions of 
the proposed advisory committee are being or could be performed 
by one or more agencies or by an advisory committee already in 
existence, or by enlarging the mandate of an existing advisory 
committee. The Committee finds:
    Section 201 requires the Secretary of Homeland Security to 
establish the DHS Acquisition Review Board (ARB) to perform a 
quarterly review of the Department's proposed acquisitions and 
procurements to strengthen oversight and improve resource 
management and steer major investments for the Department.
    Section 202 requires the Department of Homeland Security to 
create a Capabilities and Requirements Council of currently-
serving DHS personnel that would advise the Acquisition Review 
Board and the Under Secretary for Management on capabilities 
needed by end-users, which in turn would inform the 
Department's budget decisions for major investments.
    Section 529 establishes the Interagency Grants Working 
Group to better coordinate Federal preparedness grants.
    Section 710 establishes a Science and Technology Advisory 
Committee within the Department of Homeland Security's 
Directorate of Science and Technology to identify research and 
development areas of potential importance to the security of 
the Nation and make recommendations to the Under Secretary for 
Science and Technology.
    In the determination of the Committee, H.R. 3116 
sufficiently specifies the purpose and membership of each 
advisory committee, each of which would fulfill a need of the 
Department of Homeland Security that is not being addressed by 
another agency or advisory committee.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Sec. 1.  Short title.

    This section provides that this act shall be cited as the 
``Department of Homeland Security Authorization Act for Fiscal 
Year 2012.''

Sec. 2.  Table of contents.

    This section provides a table of contents for the 
Department of Homeland Security Authorization Act for Fiscal 
Year 2012.

Sec. 3.  Definitions.

    This section defines certain terms to be used for the 
Department of Homeland Security Authorization Act for Fiscal 
Year 2012.

Sec. 4.  Amendment references.

    This section provides that unless as otherwise specifically 
provided, references to amendment or repeal of a provision 
shall be considered to be made to a provision of the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.).

              TITLE I--POLICY, MANAGEMENT, AND EFFICIENCY

Sec. 101.  Under Secretary for Policy.

    Section 101 authorizes the Under Secretary of Policy for 
the Department of Homeland Security (DHS or Department). The 
section directs the Under Secretary of Policy to lead the 
Department's efforts for developing and maintaining policy 
making to ensure effective budgetary and strategic planning. In 
addition, the Under Secretary for Policy would coordinate the 
policy development of the Department's component agencies and 
offices. Since the formation of the Department, these 
responsibilities have been carried out primarily by offices led 
by individuals nominated by the President and confirmed by the 
Senate for the positions of Assistant Secretary for Border and 
Transportation Security Policy and Planning and then Assistant 
Secretary for Policy.
    The Committee believes that the redesignation and elevation 
of the lead policy making official from an assistant secretary 
position to an under secretary position reflects two important 
considerations. First, the coordination for policy making of 
the Department, including oversight for policy of 27 difference 
offices and agencies, is a complex and critical tasking that 
requires persistent supervision and guidance. The official 
leading those efforts should be afforded a ranking within the 
Department that acknowledges the gravity of his or her 
responsibilities. Second, the responsibilities of the Under 
Secretary of Policy contribute equally to the successes and 
failures of the Department to those undertaken by the Under 
Secretaries for Management, Science and Technology and 
Intelligence and Analysis. Accordingly, the title of Under 
Secretary for Policy confers the parity of importance for the 
missions of those officers.

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

    Section 102 requires the Secretary of Homeland Security to 
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. Consequently, section 102 requires the official 
to submit to the appropriate Congressional committees a report 
detailing (1) the strategy and activities of the Department to 
counter homegrown violent Islamist extremism; (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; (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; (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; (5) the type of Department-sponsored 
activities and training provided to State and local 
governments, including products and activities associated with 
State and major urban area fusion centers, for countering 
homegrown violent Islamist extremism; and (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.
    The threat from homegrown violent Islamist extremism 
(including the violent ideology of al Qaeda and its affiliated 
groups) currently presents the most critical danger to the 
security of American citizens. According to the Congressional 
Research Service, there have been 43 homegrown jihadist 
terrorist plots and attacks since September 11, 2001, including 
22 plots or attacks since May 2009 and that number has 
continued to grow in recent months.
    Due to the gravity of the threat, the Committee believes 
that it is critical for DHS to execute a comprehensive strategy 
to counter homegrown violent Islamist extremism. Consistent 
with that view, the Department has advised that it approaches 
counter violent extremism (CVE) by working with ``a broad range 
of partners to gain a better understanding of the behaviors, 
tactics, and other indicators that could point to potential 
terrorist activity within the United States, and the best ways 
to mitigate or prevent that activity.'' The Committee believes 
that to achieve effective CVE strategy, there must be a lead 
official who implements clearly defined objectives.

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

    This section confers authority to the Chief Financial 
Officer, the Chief Procurement Officer, the Chief Information 
Officer, the Chief Human Capital Officer, the Chief 
Administrative Officer, and the Chief Security Officer, 
referred to here as the Department's Chief Operating Officers, 
over their counterparts in the Department of Homeland 
Security's components to ensure that planning, operations, and 
training, as well as personnel and budgetary activities, remain 
consistent with Department-wide policies and plans. This 
section requires the Chief Operating Officers to coordinate 
with the heads of the component agencies when executing 
authorities conferred by this provision. The Committee believes 
that the authority conveyed pursuant to this section will 
promote further integration within the still evolving 
Department and will result in better planning for procurements 
and operations.

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

    Section 104 authorizes the Department of Homeland 
Security's Office of International Affairs (OIA), as well as 
the position of Assistant Secretary for International Affairs, 
who is responsible for coordinating the international 
activities for the various offices and components of the 
Department. This section mandates the Department components to 
advise the Assistant Secretary of their international 
negotiations and travel of senior officers, and for providing 
an inventory of their assets and personnel deployed overseas. 
In addition, this section requires the Office of International 
Affairs to develop a strategy for overseas activity, including 
international cooperation for immigration policy, visa 
security, aviation security, border security and training, law 
enforcement, and cargo security. The Committee believes that 
these requirements comport with the recommendations made by the 
Department's Inspector General to address challenges OIA, which 
has called for greater controls and metrics for the 
Department's overall international activities carried out by 
the various components. Recognizing that the homeland security 
of the United States relies on close cooperation with our 
allies globally, the Committee believes that the requirements 
of this section will ensure that integration of the 
Department's international efforts is given sufficient 
priority.

Sec. 105.  Assistant Secretary for Health Affairs.

    This section authorizes the Department of Homeland 
Security's Assistant Secretary for Health Affairs as the Chief 
Medical Officer of the Department. It also establishes that 
this individual shall: (1) ensure that science-based policy is 
used to protect the Department workforce; (2) provide medical 
expertise to Department components for medical and public 
health matters; and (3) work within the Department and with 
other Federal agencies to develop preparedness guidance for 
catastrophic health events with human, animal, and agricultural 
health consequences.
    The Committee recognizes that health security is a critical 
mission area in homeland security. Because the health and 
economic consequences could be severe if terrorists targeted 
the public health, agriculture, and food critical 
infrastructure sectors, an official at the level of Assistant 
Secretary must have responsibility and authority for 
coordinating these issues. A single individual at the 
Department has always served as the Chief Medical Officer and 
as the Assistant Secretary for Health Affairs. However, 
existing statute codifies only the position of Chief Medical 
Officer. This section aligns the statute with existing 
practice, while also establishing additional statutory 
responsibilities with the Chief Medical Officer to ensure that 
they are adequately addressed.

Sec. 106.  Department of Homeland Security reorganization authority.

    Section 106 limits the Department of Homeland Security's 
ability to reorganize in a manner that would contradict a 
structure mandated by the U.S. Code. The limitation will not 
apply when the President determines that the reorganization is 
necessitated by an imminent threat. The Committee does not 
intend for this limitation to prevent the Department from 
carrying out routine or small reallocations of personnel or 
functions within its components. However, the Committee 
believes that any large-scale reorganization of the Department 
should be statutorily authorized after proper congressional 
oversight in order to assure that the Department is effectively 
deploying its resources and not expanding unnecessarily.

Sec. 107.  Repeal of Office of Domestic Preparedness.

    This section modifies the Homeland Security Act of 2002 
(Pub. L. 107-296) to more accurately reflect the current 
structure of the Department by eliminating the statutory 
authorization for the now defunct Office of Domestic 
Preparedness.

Sec. 108.  Quadrennial homeland security review.

    Section 108 modifies the requirements of the quadrennial 
homeland security review to require the Department of Homeland 
Security to examine more broadly the scope of the Department's 
homeland security functions and capabilities, identify 
priorities, integrate planning and reduce waste. With the 
revised requirements, the Committee intends that the Department 
will use this strategic document to focus the use of its finite 
resources more effectively.

Sec. 109.  Development of explosives detection canine standards.

    This section requires that the Secretary of Homeland 
Security develop and implement standards for explosives 
detection canine teams owned or funded by the Department. 
Specifically, it requires the Secretary to issue mission-
specific accreditation and minimum certification standards for 
all explosives detection canines and their handlers that are 
used or funded by the Department. This section ensures that 
these teams are trained by persons who have met and utilize 
those standards which are to be developed by a Department panel 
of experts, along with representatives from the private sector 
and academia, and shall be reviewed no less frequently than 
every two years.
    Many DHS components (including the U.S. Coast Guard, U.S. 
Customs and Border Protection, the Federal Protective Service, 
the Transportation Security Administration, and the U.S. Secret 
Service) employ explosives detection canine teams as critical 
assets in the interdiction of explosives as well as other 
items. Department-wide baseline standards that are flexible 
enough to meet the mission needs will ensure that DHS canine 
teams have the capacity to detect explosives to a required 
level for any Department component for which they are acquired.

Sec. 110.  Development of a balanced workforce.

    According to the Department of Homeland Security's FY2011 
Budget Request, the Department has undertaken a Department-wide 
Efficiency Review Initiative to ensure that resources were 
being optimally expended. In part, the review includes a 
Balanced Workforce Strategy, which seeks to convert contractor 
positions to Federal jobs, thereby realizing more than $100 
million in savings. The Committee supports the Department's 
objective for achieving the greatest efficient use of 
resources, however, the Committee continues to be concerned 
about the resulting increases in Federal positions. 
Accordingly, this section directs the Department's components, 
in coordination with the Chief Human Capital Officer, to 
develop a 5-year workforce strategy for reaching an optimum 
balance of Federal employees and contractors for supporting the 
Department's mission. By providing this level of detail and 
subjecting the Department's personnel planning to congressional 
oversight, the Committee remains hopeful that the Department 
will better optimize planning for the expenditure of its finite 
funding.

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

    Section 111 amends existing law to preclude the Secretary 
of State from denying a request for danger pay allowance for 
Department of Homeland Security (DHS) personnel who serve in a 
foreign area under conditions that threaten physical harm or 
imminent danger to the health or well being of the employee. 
This section provides equal status to DHS personnel with 
similarly situated counterparts in the Federal Bureau of 
Investigation and the Drug Enforcement Agency.

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

    Section 112 addresses the Department of Homeland Security's 
development of a law enforcement curriculum designed to counter 
violent extremism. In testimony before the Committee in 
February 2011, Secretary Napolitano described the curriculum as 
designed to counter violent extremism, which will ultimately be 
disseminated and taught at Federal Law Enforcement Training 
Center (FLETC). Secretary Napolitano testified that the 
Department's program developed for FLETC would seek ``to 
counter violent extremism here at home by helping law 
enforcement use many of the same techniques and strategies that 
have proven successful in combating violence in American 
communities.''
    This section requires that the Department, prior to the 
implementation of any such program, provide to the Committee 
materials related to the curriculum, including the classified 
case-study information that the Department utilized to analyze 
the radicalization process; a detailed description of the 
training that DHS intends to implement as part of the program; 
a listing of the executive agencies that participated in its 
development; and descriptions of the qualifications required 
for instructors.

Sec. 113.  Future-years homeland security program.

    As shrinking Federal resources exacerbate funding 
challenges, the Committee believes that the Department of 
Homeland Security must prioritize long-term budgetary planning 
in coordination with private sector stakeholders to most 
effectively channel scarce research, development, testing and 
evaluation resources. Section 113 directs the Department to 
include a five-year budget estimate, to be updated annually in 
conjunction with its annual Congressional budget justification, 
beginning with its FY 2013 submission. This process mimics a 
similar planning tool already utilized by the Department of 
Defense and is designed to instill discipline in developing the 
Department of Homeland Security projections.
    Currently, the Department provides the Future Years 
Homeland Security Program and Performance Budget Overview to 
the Committee. However, numerous homeland security industry 
stakeholders have reported to the Committee that the 
Department's projections lack adequate detail for efficient 
private sector research and development planning and contain 
unclear assumptions about future fiscal years. The overall lack 
of clarity and planning discipline detrimentally affects 
stakeholders by allowing for wholesale changes in acquisition 
plans after substantial investment decisions have been made. 
This can, and does, discourage private sector stakeholders from 
making educated research and development investment decisions. 
The Committee recognizes that the Department's future needs and 
resource allocation estimates may change as circumstances and 
assumptions evolve. However, a more disciplined and detailed 
process of providing a five-year estimate should allow the 
Department to devote greater attention to providing guidance to 
industry stakeholders in budget forecasts, and should be 
accompanied by greater stakeholder engagement earlier in the 
planning process.

Sec. 114.  Cost of submissions to Congress.

    Section 114 requires the Department of Homeland Security to 
include along with any plan, report, strategy, or other 
material submitted to Congress, a summary of the cost and 
personnel for producing the material. With the Department 
facing an increasingly complex mission and using finite 
resources, the Committee remains aware that excessive reporting 
requirements will drain resources away from the Department. The 
Committee intends to avoid excessive reporting and provide 
greater awareness of the reporting demands placed upon the 
Department. This section allows for flexibility in instances 
where the Secretary deems it not practical to comply with the 
reporting requirement.

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

    This section protects against the unauthorized use of the 
intellectually property of the Department of Homeland Security 
and its components, including the use of its name, initials, 
insignia and seal.

Sec. 116.  Office of Policy.

    The section establishes within the Department of Homeland 
Security an Office of Policy, headed by the Under Secretary of 
Policy referenced in Section 101. The Office of Policy is 
designed to lead the Department in the development of programs 
and engagement in strategic planning. The Office of Policy's 
mission encompasses a broad spectrum of homeland security 
issues, including customs and immigration, cybersecurity, visa 
security, aviation security, border security and training, law 
enforcement, and cargo security.
    The Committee supports the Office of Policy mission to 
coordinate Department-wide policies, programs and planning, 
which fosters integrated operational readiness among DHS 
components and eliminate duplication of effort. Moreover, the 
Committee believes that the Office of Policy should 
increasingly serve as a single point of contact for external 
stakeholders. Under the leadership of the Under Secretary for 
Policy authorized in Section 101, the Office of Policy should 
seek to integrate strategic, Department-wide priorities with 
the policies of its components, as well as with State and local 
officials and international partners, in order to better 
allocate finite resources.

Sec. 117.  Federal vacancy compliance.

    This section requires the Secretary of Homeland Security to 
notify the Committee about, and provide certain information 
regarding, any position that is subject to the Federal 
Vacancies Reform Act of 1998 (Pub. L. 105-277) that is held by 
an individual on a temporary or acting basis for 210 days.

Sec. 118.  Electronic submissions.

    Section 118 requires the Secretary of Homeland Security, to 
the greatest extent practicable, to distribute Congressionally 
mandated materials in an electronic format.

Sec. 119.  Chief information officer.

    Section 119 authorizes the Chief Information Officer of the 
Department of Homeland Security to assist and advise the 
Secretary and other officers of the Department on all 
activities relating to the information technology functions of 
the Department. The Chief Information Officer shall establish, 
prioritize, and coordinate the information technology policies, 
processes, and standards of the Department. The Chief 
Information Officer shall be responsible for information 
technology capital planning and investment and in coordination 
with the Chief Procurement Officer assume responsibility for 
information technology acquisition, development and integration 
across the Department, including reviewing all information 
technology acquisitions over a threshold level determined by 
the Secretary.

Sec. 120.  Cost savings and efficiency reviews.

    Section 120 requires the Secretary of Homeland Security to 
conduct an efficiency review of the Department's managerial, 
administrative, and operational programs for potential cost 
savings. The Department must comprehensively address its 
overall spending, especially to identify overlap between the 
components in management of common assets, such as fleets of 
vehicles, office supplies, building services, and scores of 
other costs. The Committee recognizes that, in light of the 
enormous National deficit we face, Congress and the Executive 
Branch share a common responsibility to reduce costs, prevent 
waste, and spend the Nation's assets efficiently.

      TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION POLICY

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

    Section 201 requires the Secretary of Homeland Security to 
perform a quarterly review of the Department's proposed 
acquisitions and procurements to strengthen oversight and 
improve resource management. Additionally, this section 
authorizes the Department of Homeland Security Acquisition 
Review Board (ARB) to guide this process, which will steer 
major investments for the Department and report to Congress. 
The Committee believes that this structure is needed in light 
of the Department's struggles and mishandling of several major 
investments, including the aborted Transformation and Systems 
Consolidation program, for which the Department provided 
consistent assurances.
    Moreover, Section 201 adds requirements for the ARB 
proactively integrate the SAFETY Act (Support Anti-terrorism by 
Fostering Effective Technologies Act of 2002; Sec. 861 of Pub. 
L. 107-296) into procurements managed by the Department. The 
Committee recognizes that while there has been some use of the 
SAFETY Act prequalification and block processes, such 
implementation has been inconsistent across the Department and 
insufficiently emphasized. The Committee expects the ARB not 
only to identify acquisitions for implementing SAFETY Act 
prequalification and block approvals, but also to work closely 
with the acquiring entity to ensure that such processes are 
regularly implemented.

Sec. 202.  Capabilities and Requirements Council.

    Section 202 requires the Department of Homeland Security 
(DHS) to create a Council of currently-serving DHS personnel to 
advise the Acquisition Review Board established under Section 
201 and the Under Secretary for Management on capabilities 
needed by end-users, which in turn would inform the 
Department's budget decisions. Since the termination of the 
Joint Requirements Council in 2006, many major programs 
received funding without Department-level reviews to validate 
mission needs and requirements. By instituting the Capabilities 
and Requirements Council, the Committee intends to instill the 
proper oversight and rigor to the acquisition review process to 
better inform DHS's annual budget process for funding major 
programs. The Committee intends for this Council to identify 
crosscutting opportunities and overlapping or common 
requirements and inform how DHS would best utilize its 
resources. With the ability to intervene early, and throughout 
the acquisition process, the Committee expects that the Council 
will ensure projects remain responsive to homeland security 
needs before funding decisions are made.

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

    Section 203 codifies the Department of Homeland Security's 
Under Secretary for Management as the official responsible for 
directing the Department's acquisition programs. The section 
requires the Under Secretary to support the mission of the 
Department through a risk-based acquisition strategy. The 
Committee recognizes that since the Department was established 
in 2003, its acquisitions have grown increasingly complex--
growing to approximately $20 billion. Accordingly, the 
Committee supports the establishment of the Under Secretary for 
Management as the lead officer at the Department for 
acquisition programs, who will be responsible for oversight of 
the acquisitions of all components.

Sec. 204.  Acquisition Professional Career Program.

    The Committee agrees with the Department of Homeland 
Security's efforts to create a trained acquisition workforce, 
which will be critical in avoiding expensive failures that 
result from a lack of adequate planning. Section 204 authorizes 
the Department's career program for training for acquisition 
professionals and requires that they rotate through various 
components of the Department in order to integrate the 
Department's procurement functions.

Sec. 205.  Strategic plan for acquisition workforce.

    Section 205 requires the Department of Homeland Security to 
project what staffing will be required to be commensurate with 
the increasing complexity and scope of the Department's 
procurements.

Sec. 206.  Notification to Congress of major awards.

    Section 206 requires the Department of Homeland Security to 
notify Congress three days prior to awarding a contract valued 
in excess of $10 million, unless the Secretary determines that 
the notification would create a delay that would threaten 
homeland security. The Committee believes that greater 
disclosure of its major contracting awards will further inform 
the Congress and improve the Committee's ability to monitor the 
Department's progress with prior Department of Homeland 
Security Acquisition Review Board decisions and the milestones, 
schedules, budgets, or requirements set forth by the 
Department.

Sec. 207.  Independent verification and validation.

    Section 207 requires the Department of Homeland Security's 
Under Secretary of Management to create a transparent 
acquisition process that provides guidance on Departmental 
criteria for independently evaluating its acquisition 
contracts. The Independent Verification and Validation (IV&V) 
process would utilize independent subject matter experts to 
endure that unbiased reviews of acquisitions occur. The 
Committee believes that the IV&V process will ensure the 
integrity and quality of major acquisitions, and strengthen its 
capacity for large-scale procurements.

Sec. 208.  Other transaction authority.

    Section 208 extends, until 2016, the Secretary of Homeland 
Security's authority to initiate research and development 
projects using ``other transaction authority'' (OTA), which 
enables the Department to expedite the Federal procurement 
process in instances where a need exists to introduce 
innovative technology without delay. OTA is a useful and 
necessary tool in acquiring cutting-edge technologies from 
private sector entities that traditionally have declined to do 
business with the Government--typically high-technology firms. 
In this fiscally constrained environment, the Committee intends 
for the Department to be creative in attracting private-sector 
entities with the requisite expertise and technologies, and 
promoting the business of homeland security by using such 
acquisition tools as OTA judiciously. The Committee expects the 
Department to adhere to management policies and provide 
training to ensure that agency officials adequately assess the 
utility of other acquisition vehicles--such as the Federal 
Acquisition Regulation, contracts, grants, or cooperative 
agreements, prior to using the OTA authority for research.

Sec. 209.  Report on competition.

    Section 209 requires the Inspector General of the 
Department of Homeland Security to report on the total number 
of contracts awarded by the Department without full and open 
competition or that were awarded under open competition but 
received only one offer, and to provide analysis of the 
instances where open competition was not used. The Committee 
commends the Department for its improvement of the competitive 
process and supports continuing the progress.

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

    Section 210 precludes the Secretary of Homeland Security 
from procuring certain goods, including clothing or textile 
items from specified fabrics, unless they are ``grown, 
reprocessed, reused, or produced in the United States.'' With 
this provision, the Committee intends to express its continued 
support for American manufacturing. However, given the 
realization of a global economy, Section 210 also provides 
flexibility for the Department. For example, the item being 
procured must be ``directly related to the homeland security 
interests of the United States'' for this requirement to apply. 
Furthermore, the requirement will not apply if the Secretary 
determines that it would result in an unsatisfactory quality or 
sufficient quantity of any such procurement. The requirement 
cannot be applied in any manner that would contradict any 
bilateral trade agreements or other similar obligation. Section 
210 provides exceptions for emergency purchases, purchases by 
vessels in foreign waters, or purchases that are less than a 
specified acquisition threshold. By including those 
limitations, the Committee intends to provide the Secretary 
with the necessary leeway to maintain acquisition policies that 
remain in the best interests of the security of the Nation.

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

    While strategic sourcing principals will typically apply to 
purchases of items like office supplies, firearms, and 
ammunition, the Committee believes that it can be more 
expansively practiced. Aviation and marine assets, which are 
extremely expensive and used by several components, are rarely 
strategically sourced, which may lead to inefficient purchasing 
among the individual components. Section 211 directs the 
Department of Homeland Security to give consideration to 
strategic sourcing principles for the purchase of these assets, 
primarily for the U.S. Coast Guard and the U.S. Customs and 
Border Protection's Air and Marine Operations.

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

    Section 212 requires the Department of Homeland Security to 
coordinate with those components that purchase detection or 
screening technology to ensure that the purchases are made 
efficiently. This requirement responds to the recommendations 
by the Department's Inspector General (DHS IG), who found that 
approximately $170 million worth of small x-ray machines, metal 
detectors, and personal and hand-held radiation detectors could 
be acquired through strategic sourcing. The DHS IG concluded 
that standardizing equipment purchases would result in greater 
buying power and streamline the acquisition process.

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

    Currently, Federal rules restrict the Federal Emergency 
Management Agency (FEMA) to a $3,000 ``micro-purchase'' limit 
that requires FEMA to seek approval from a designated contract 
officer for purchases that exceed the limit. Purchases 
exceeding $3,000 may require a competitive bid, purchases from 
businesses registered to do business with the Government, and a 
contracting officer's approval. During emergency response, the 
first 48 hours of a disaster are extremely critical. 
Recognizing the need for quick purchasing power, FEMA maintains 
numerous contracts for many emergency items, such as tarps, 
bottled water and generic medicines. Unpredictable 
contingencies inevitably arise where purchases exceed $3,000, 
but do not warrant a nationwide pre-approved contract. 
Accordingly, Section 213 provides the Secretary of Homeland 
Security the authority to raise the $3,000 limit to $15,000 
during emergency operations.

Sec. 214.  Software licensing.

    Section 214 requires the Chief Information Officer of the 
Department of Homeland Security (DHS), authorized under Section 
119, to conduct a Department-wide inventory of all existing 
software licenses--including utilized and un-utilized 
licenses--and assess the needs of Department components for 
software licenses for the upcoming two fiscal years. The 
Committee believes that, like many large organizations, DHS 
potentially does not optimize its software purchases and fails 
to track its usability once it has been procured. Accordingly, 
this section requires procurement officials and Chief 
Information Officers to take an ``enterprise wide'' view of 
software purchases to achieve continual software license 
optimization and to realize true economies of scale.

Sec. 215.  Financial management.

    Section 215 directs the Department of Homeland Security to 
submit to the Congress a financial management strategy that 
would integrate the financial operations of all Department 
components. The strategy would leverage best practices from the 
components' legacy systems that meet expected performance, and 
implement specific processes to minimize the project risk 
associated with integration, including reliable auditing of 
financial reporting. This section requires the Comptroller 
General of the United States to review the Department's 
financial strategy and provide recommendations for any actions 
necessary to address existing financial internal control 
weaknesses and achieve financial management integration.

        TITLE III--INFORMATION SHARING AND INTELLIGENCE ANALYSIS

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

    The Committee intends for fusion centers to fulfill an 
essential role in sharing intelligence with State, local, 
Tribal, and regional authorities. Section 301 reflects that 
policy by requiring the Department of Homeland Security to 
coordinate and support Federal efforts for the National Network 
of Fusion Centers Initiative; serve as the primary Federal 
contact for the Network; and provide training and grant 
guidance. The Secretary of Homeland Security shall, to the 
extent practicable, assign personnel from the U.S. Customs and 
Border Protection, U.S. Immigration and Customs Enforcement, 
the U.S. Coast Guard, and experts in mass transit security to 
fusion centers. In addition, Under Secretary for Intelligence 
and Analysis would assist the Federal Emergency Management 
Agency with guidance on fusion center grants. The Committee 
believes that fusion centers will play an important role for 
coordinating the Department's border security efforts and 
believes the Department should give consideration to the 
benefits of including fusion centers located at high-risk areas 
on the Northern or Southern borders within the Department's 
National Network of Fusion Centers Initiative.
Sec. 302.  Homeland security information sharing networks 
        development.
    The Committee remains concerned that redundant information-
sharing mechanisms create confusion for stakeholders and result 
in unnecessary duplication. Section 302 requires the Secretary 
of Homeland Security to develop a strategy for coordinating the 
development of unclassified, sensitive but unclassified, and 
classified information sharing computer networks of the 
Department. These systems incorporate the current operations of 
the Homeland Security Information Network; the Homeland Secure 
Data Network; and the Homeland Top Secret Network. The strategy 
would address cost estimates, acquisition schedules, and 
systems requirements.

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

    Section 303 provides the Department of Homeland Security's 
Office of Intelligence and Analysis (I&A) with greater 
flexibility to hire personnel pertaining to the intelligence 
functions in the Department. The Committee supports this hiring 
flexibility as necessary for making the Department as 
competitive as its counterparts within the civilian 
Intelligence Community, which already hold comparable hiring 
authority. The Committee's goal is to make the I&A equivalent 
to its counterparts in hiring skilled analysts.

Sec. 304.  Support and oversight of fusion centers.

    Section 304 requires the Inspector General (IG) for the 
Department of Homeland Security to submit to the Committee an 
audit of fusion center grant funding. In conducting the study, 
the IG must assess the Department's capabilities for tracking 
the effectiveness of grant funding expenditures--including the 
degree of coordination among Departmental components and 
consideration of privacy and civil liberties; and provide 
recommendations for measuring the effectiveness of grant 
funding.

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

    Section 305 requires the Inspector General of the 
Department of Homeland Security to submit a report to the 
appropriate Congressional committees on what measures the 
Department undertakes to assure that State and local fusion 
centers take the appropriate measures to protect privacy and 
civil liberties.

                    TITLE IV--9/11 REVIEW COMMISSION

    Title IV, which was previously introduced as H.R. 2623, 
authorizes a 9/11 Review Commission to re-examine the findings 
of the National Commission on Terrorist Attacks Against the 
United States (the 9/11 Commission) and review the challenges 
in fulfilling its recommendations. Additionally, the 9/11 
Review Commission would investigate whether additional factors 
contributed to the terrorist attacks of September 11, 2001, and 
what those factors may be.

Sec. 401.  Short title.

    Title IV may be referred to as the ``9/11 Commission Review 
Act''.

Sec. 402.  Establishment.

    Section 402 establishes the 9/11 Review Commission.

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

    Section 403 sets out the statutory mandate of the 9/11 
Review Commission, which includes a comprehensive review of the 
progress realized and challenges confronted in carrying the 
recommendations of the 9/11 Review Commission. Additionally, 
the 9/11 Review Commission will examine how radicalization 
within the United States has spawned terrorist attacks since 9/
11. According to the Congressional Research Service, there have 
been 43 ``homegrown jihadist terrorist plots and attacks since 
September 11, 2001,'' including 22 plots or attacks since May 
2009 and that number has continued to grow in recent months. 
The 9/11 Review Commission will examine whether, in retrospect, 
any actors not considered by the 9/11 Commission contributed to 
the facilitation and execution of the attacks of September 11, 
2001.

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

    Section 404 provides that the 9/11 Review Commission will 
include one appointed from the Senate and one appointed from 
the House of Representatives.

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

    Section 405 provides for authorities of the 9/11 Review 
Commission to carry out its mandate, including the authority to 
hold hearings, take testimony and receive evidence, issue and 
enforce subpoenas, solicit assistance from other Federal 
agencies and establish advisory panels.

Sec. 406.  Compensation.

    Section 406 establishes parameters for appropriate 
compensation of the 9/11 Review Commission's chairman and vice-
chairman.

Sec. 407.  Appointment of staff.

    Section 407 authorizes the 9/11 Review Commission to retain 
staff and detailees.

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

    Section 408 pertains to the security clearances provided to 
staff.

Sec. 409.  Nonapplicability of Federal Advisory Committee Act.

    Section 409 requires the 9/11 Review Commission to hold 
public hearings and release public reports.

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

    Section 410 provides for the 9/11 Review Commission to 
issue interim and final reports.

Sec. 411.  Funding.

    Section 411 authorizes $1 million to fund the 9/11 Review 
Commission.

                   TITLE V--PREPAREDNESS AND RESPONSE

               Subtitle A--WMD Preparedness and Response

Sec. 501.  Homeland Security Biodefense Strategy.

    Despite significant expenditures in biodefense, the 
Department of Homeland Security does not have a dedicated 
strategy or implementation plan for its biodefense investments. 
The Committee seeks assurances that the Department's 
investments are prioritized (and risk-based) so that the 
greatest needs are being met with the current funds available. 
Section 501 requires the Secretary to issue to the Committee--
at least once every four years--a Department-wide biodefense 
strategy that contains an implementation plan. The strategy 
will clarify the responsibilities of the Department, catalogue 
its capabilities and assets, and be used to prioritize 
Department investments in biodefense. This section requires the 
Secretary to conduct an annual review of the plan and identify 
continuing gaps in the Department's biodefense posture and 
makes recommendations on refining the Department's investments.
    All ongoing and planned activities, including those 
biodefense activities called for in H.R. 3116, shall be taken 
into consideration for the strategy. The Committee also intends 
that in developing the strategy, the Department will assess 
existing strategic documents from elsewhere within the Federal 
Government and coordinate its own strategy with them, to the 
extent appropriate.

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

    Section 502 requires the Department of Homeland Security's 
Office of Intelligence and Analysis (I&A) to conduct chemical, 
biological, radiological, and nuclear (CBRN) intelligence and 
information sharing activities. Such activities will support 
homeland security-focused intelligence analysis of terrorist 
actors and plots to conduct attacks involving CBRN materials, 
as well as global infectious disease in the human and animal 
health sectors. These activities will provide information for 
Departmental risk assessments; tailored analytical support to 
State, local and Tribal partners; and leverage existing and 
emerging homeland security capabilities such as fusion centers.
    Section 502 also requires the Department to maintain 
adequate expertise in its intelligence division to analyze CBRN 
intelligence and information, which can be highly technical, 
and to effectively disseminate that analysis to partners. The 
Committee notes that information sharing has long been one of 
the greatest challenges in homeland security, and, therefore, 
Section 502 emphasizes that effective sharing remains a 
priority. The Committee expects that I&A will work to ensure 
that all entities with the need for this information 
participate in an open discussion about the appropriate 
framework for this type of collaboration. The Committee intends 
that I&A will work to the greatest extent possible with other 
Department components, headquarters elements, and State, local, 
and Tribal authorities to advance the Department's counter-WMD 
(weapons of mass destruction) activities. State, local, and 
tribal participation, in particular, should include officials 
from high threat areas. The Committee does not intend for this 
unit to duplicate the activities already conducted by the 
National Counterterrorism Center, the Federal Bureau of 
Investigation, or other members of the Intelligence Community. 
The Committee believes that strict adherence to relevant 
National intelligence strategies will ensure clarity of 
mission.

Sec. 503.  Risk assessments.

    The Committee believes that risk assessments are critical 
for the Department of Homeland Security to determine the 
greatest risks and most appropriate responses for investment of 
its finite budget resources. Such assessments must be used to 
inform Departmental priorities, investments, and activities, as 
well as other Governmental chemical, biological, radiological, 
and nuclear (CBRN) activities, such as development of medical 
countermeasures.
    Section 503 requires the Secretary, acting through the 
Under Secretary for Science and Technology and in coordination 
with other appropriate Federal departments and agencies, to 
produce and periodically update a terrorism risk assessment for 
CBRN threats, as well as an integrated risk assessment that 
assesses all of the above threats and compares them against one 
another according to their relative risk. Each assessment shall 
describe the methodologies used, and an interagency task force 
shall assess the adequacy of the methodologies. The Secretary 
shall conduct sensitivity analyses on each assessment and 
consider the threat from an intelligent adversary. The 
assessments shall be used to inform and guide DHS material 
threat assessments and determinations; prioritization of 
medical countermeasure research, development, acquisition, and 
distribution and other National strategic biodefense research; 
and other homeland security activities. In developing the 
assessments, the Secretary shall seek input from Federal, 
State, local and Tribal stakeholders, and share the final 
assessments with those partners with appropriate clearances and 
a need for the information in a classified version. 
Unclassified formats shall be made available to partners 
without appropriate clearances--to the extent practicable.

Sec. 504.  Individual and community preparedness.

    Section 504 requires the Administrator of the Federal 
Emergency Management Agency (FEMA) to assist State, local, and 
Tribal governments 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 (CBRN) materials by 
developing, disseminating, and updating guidance and checklists 
of recommended actions for individual and community prevention 
and preparedness efforts; providing information and training 
materials for such actions; and conducting individual and 
community preparedness outreach efforts.
    Preparedness is not solely a Federal responsibility. 
States, localities and individuals must participate to ensure 
adequate preparation for terrorist events and disasters. 
Section 504 requires FEMA to provide guidance to ensure that 
all relevant parties have the information they need to 
establish their own measures of preparedness. The Committee is 
aware that FEMA has undertaken efforts to build a toolkit that 
includes checklists, good practices, and outreach efforts for 
government at all levels to engage the whole community in all-
hazards preparedness, including CBRN attacks. The Committee 
also recognizes that FEMA is undertaking activities in 
association with Presidential Preparedness Directive-8 and the 
National Preparedness Goal that are relevant to the directives 
in this section. The Committee recommends that these efforts be 
coordinated and consolidated in a way that clearly defines the 
roles and responsibilities of individuals and communities, in 
the ``whole of community'' context, and contains all necessary 
guidelines, checklists, training, and other tools for CBRN 
preparedness and response.

Sec. 505.  Detection of biological threats.

    Section 505 requires the Secretary of Homeland Security to 
conduct a program to detect biological attacks or other such 
events that threaten homeland security. Detection capabilities 
shall be deployed, in a risk-based manner, to indicate the 
presence of biological agents and to provide advanced planning 
tools, concepts of operation, training exercises and technical 
assistance to jurisdictions hosting the program. This section 
also directs the Secretary to: (1) enter into memoranda of 
agreement with the Centers for Disease Control and Prevention 
and the Environmental Protection Agency, and other Federal 
departments and agencies, to set forth roles and 
responsibilities; (2) establish criteria to determine whether 
coverage is sufficient; and (3) implement an assay equivalency 
program. Section 505 allows for the Secretary to contract with 
participating laboratories to provide services on a fee-for-
service basis or on a prepayment or other similar basis, and 
for administrative and costs related to hosting program 
personnel and equipment. This section also requires that, prior 
to any obligation of funds to acquire a new system beyond that 
which is already deployed, the Secretary shall determine the 
sensitivity and specificity of the current system and the new 
system(s) under consideration, provide the data to the Science 
and Technology Directorate to develop a trade-off study, and 
complete a cost-benefit analysis based on this information. 
Section 505 also requires the development of concepts of 
operations for alarm resolution.
    While an early warning detection system is not the sole 
means to detect a bioterror event, the Committee believes that 
the Nation should have an early detection capability. The 
detection system called for in this section could currently be 
met via the BioWatch system, although its mandates could be met 
through other solutions as threats evolve over time. The 
Department must work with its Federal partners to ensure 
consensus on matters such as assay selection and standards. The 
Committee recognizes that the success of the BioWatch program 
depends on effective interaction with host State and local 
public health laboratories. Finally, any efforts to improve 
detection technologies must be balanced with cost, and to do 
this, a cost-benefit analysis is required. The fiscal costs of 
developing a new system may be too great if no or minimal 
increase in system sensitivity is achieved; alternatively, if 
an increase in capability along with a decrease in cost per 
data point can be accomplished, this might be a good 
investment. Thorough analysis of the capabilities of the 
existing system must be undertaken prior to obligation of funds 
for a new system.

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

    Section 506 requires the Under Secretary for Science and 
Technology (S&T) of the Department of Homeland Security to 
assess whether to undertake the development of technological 
screening capabilities for biological agents, pandemic 
influenza, and other infectious diseases in support of entry 
and exit screening at ports of entry. If the Under Secretary 
determines such a capability would be of value, the Secretary 
of Homeland Security is directed to initiate the development of 
safe and effective methods to rapidly screen incoming persons 
at ports of entry.
    When the 2009 H1N1 influenza pandemic originated in the 
United Mexican States and crossed over the U.S. border, it 
surprised U.S. officials who had expected that the next 
pandemic would emanate from Asia. The border remained open and 
thousands continued to cross every day with no system for 
border officials to determine who was infected. That experience 
demonstrated that international borders offer very little 
protection from the spread of infectious disease due to the 
inability to quickly and effectively screen travelers. Section 
506 requires the Department to determine if a rapid screening 
capability could be deployed at ports of entry for infectious 
diseases and could be operationally feasible and useful in 
controlling the spread of disease or the trafficking of 
biological weapons. If the Department believes that such 
screening tools are necessary, the Committee intends for the 
S&T Directorate to develop these screening capabilities.

Sec. 507.  Communications planning.

    Section 507 requires the Administrator of the Federal 
Emergency Management Agency (FEMA) to develop a communications 
plan for providing information to the public related to 
preventing, preparing for, responding to, and recovering from 
chemical, biological, radiological, and nuclear (CBRN) attacks. 
The Administrator shall develop and disseminate pre-scripted 
messages and message templates to State, local, and Tribal 
officials so that the messages can be incorporated into 
emergency plans, and quickly disseminate critical information 
to the public and emergency responders in anticipation of or in 
the immediate aftermath of CBRN attacks. The Administrator 
shall incorporate such message templates into exercises, 
including those conducted under the National Exercise Program. 
This section directs the Secretary of Homeland Security, in 
consultation with the heads of appropriate Federal departments 
and agencies, to ensure that homeland security information 
concerning terrorist threats is provided, as appropriate, to 
State, local, and Tribal authorities, and to the general 
public, and establish a process to optimize opportunities for 
qualified heads of State, local, and Tribal governments to 
obtain appropriate security clearances for access to classified 
threat information. This section also requires the Secretary to 
prepare unclassified CBRN threat bulletins in a timely manner. 
Using the risk assessments mandated under Section 503 and other 
sources, the Secretary shall provide guidance to State, local 
and Tribal authorities as to why certain communities are 
identified as being at heightened risk of exploitation and how 
to best communicate terrorism-related threats and risks to the 
public within their jurisdiction.
    FEMA must disseminate as much information as possible in 
advance of a CBRN event. This practice will minimize the amount 
of work and information sharing that must occur post-incident. 
Pre-scripted messages and templates will allow State, local, 
and Tribal authorities to exercise their own plans in advance 
for sharing information with the public. Unclassified threat 
bulletins will ensure that the public has sufficient knowledge 
of the nature of a CBRN attack that has occurred, without 
compromising classified information and on-going 
investigations. Messaging that provides strong guidance on the 
responsibility of individuals in the early stages of an attack, 
and the most appropriate actions they should take to help 
themselves and those around them, must be part of this 
planning. The Integrated Public Alerts and Warning System 
(IPAWS) should be leveraged in these efforts. The Committee 
recognizes that FEMA is already undertaking work in this area, 
such as in its pre-event improvised nuclear device 
communications planning, and expects this work to continue 
under the guidance of this section.

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

    Section 508 requires the Secretary of Homeland Security to 
develop voluntary, risk-based guidance, in consultation with 
the heads of other executive agencies, for emergency and public 
health personnel for responding to a release of chemical, 
biological, radiological, and nuclear (CBRN) material, and to 
make such guidance available to State, local, and Tribal 
governments, nongovernmental organizations and the private 
sector. This guidance shall contain protective actions for 
ensuring the security, health, and safety of emergency response 
providers and their families and household contacts; specific 
information regarding the effects of the CBRN agent on those 
exposed; and best practices for emergency response providers to 
effectively diagnose, handle, and otherwise manage individuals 
affected by an incident involving such an agent. In carrying 
out the requirements of this section, the Secretary shall 
enable the first responder and first provider community to 
submit recommendations for areas for which guidance could be 
developed.
    Stakeholders have advised the Committee that current 
guidance is disparate, can be difficult to follow, and applies 
to normal response environments rather than an emergency CBRN 
situation. The Committee believes it is necessary that a 
resource be developed to serve as a comprehensive emergency 
response standard, which addresses the full range of hazards or 
concerns currently facing emergency responders. The Committee 
furthermore intends that the Department will standardize a 
process that will involve appropriate individuals from the 
emergency responder communities to participate in the reviews 
and provide material that is quickly accessible and easily up-
datable. The Committee hopes that the inclusion of the 
community in the process will result in universal guidance of 
considerable utility. The Committee intends that the Department 
will review relevant existing Federal, non-Federal, 
international, academic, and nongovernmental materials when 
developing the guidance. The Committee believes that guidance 
promulgated under this section should be integrated into 
curricula for first responder training provided by the Center 
for Domestic Preparedness and other such accredited facilities 
to enhance weapons of mass destruction (WMD) capabilities among 
our Nation's first responders. The Committee recognizes the 
importance of aligning response throughout the chain of 
leadership in response to a WMD attack or incident.
    The Committee expects the Department to work closely with 
other Executive departments and agencies, such as the 
Department of Labor, the Department of Health and Human 
Services, and the Environmental Protection Agency, on the 
development and dissemination of this guidance. The Committee 
recognizes that reaching ``perfect'' standards may be 
impossible. The Committee expects, however, that the Department 
will inventory existing standards and will reconcile those 
standards using the best available science to provide better 
guidance and a framework that enhances safety to the greatest 
extent possible in an area of considerable risk.

Sec. 509.  Plume modeling.

    Section 509 requires the Secretary of Homeland Security to 
develop and disseminate integrated plume models to enable rapid 
response activities following a chemical, biological, 
radiological, or nuclear (CBRN) release. The Secretary shall 
identify Federal, State, local, and tribal needs regarding 
plume models; establish mechanisms for dissemination of these 
models to nongovernmental organizations and the public to 
enable appropriate collective response activities; ensure that 
guidance and training for the use of such models are provided; 
and ensure that lessons learned from assessing the development 
and dissemination of integrated plume models during exercises 
are put into the lessons learned information sharing system.
    The Committee believes plume models must be integrated with 
protective action guidelines and other appropriate information 
so they present a comprehensive picture of how to respond to a 
CBRN event. The Committee recognizes the considerable work 
already underway for plume modeling for assisting government at 
all levels, including the Federal Emergency Management Agency's 
work with National laboratories and academia to support local 
government planning needs. The Committee also recognizes that 
agencies other than the Department of Homeland Security (such 
as the Department of Energy and the Department of Defense) have 
produced many plume models for a variety of theoretical and 
real-world events. The Committee does not intend for the 
Department of Homeland Security to duplicate this work. 
Instead, the Committee intends for the Department of Homeland 
Security to acquire plume models from these agencies, work with 
them to integrate protective action guidelines and other 
appropriate information, and subsequently use and disseminate 
them.

Sec. 510.  Disaster recovery.

    Section 510 establishes three new provisions to the 
Homeland Security Act of 2002 (Pub. L. 107-296) to enhance 
disaster recovery:
            Sec. 2108.  Identifying and addressing gaps in recovery 
                    capabilities.
          This section requires the Secretary of Homeland 
        Security to conduct risk assessments to inform 
        prioritization of recovery activities for chemical, 
        biological, radiological, and nuclear (CBRN) incidents. 
        The results of the assessments shall inform Federal 
        research to address the capability gaps uncovered by 
        each assessment. The ability to recover from a CBRN 
        event is as critical as other activities, such as 
        response. If we cannot resume commerce and provide a 
        safe and secure environment for living, basic standards 
        of living grind to a halt. The Department has 
        undertaken some work in this area, but not enough. The 
        Committee intends that these risk assessments be 
        conducted in coordination with the heads of appropriate 
        departments and agencies, such as the Department of 
        Health and Human Services and the Environmental 
        Protection Agency. The results shall inform recovery 
        research and the development of recovery guidelines by 
        the Environmental Protection Agency.
            Sec. 2109.  Recovery from CBRN attacks and incidents.
          This provision requires the Secretary of Homeland 
        Security, in consultation with the heads of other 
        Executive departments and agencies, to develop guidance 
        for restoring areas that have been affected by a 
        chemical, biological, radiological, and nuclear (CBRN) 
        attack or incident. The guidance shall clarify Federal 
        roles and responsibilities for assisting State, local, 
        and tribal authorities, and shall include risk-based 
        recommendations for matters such as standards for 
        effective decontamination and means for developing 
        health and safety plans to address first responder 
        health risks. In carrying out the guidance development, 
        existing guidance shall be inventoried, and the public 
        shall be invited to submit recommendations. The 
        guidance should be prioritized based on the risk 
        assessments performed pursuant to Section 503.
          The bill authorizes this already existing activity 
        within the Science and Technology Directorate and adds 
        additional requirements to address clean-up and 
        restoration of pseudo-internal/outdoor areas, such as 
        subways; produce a decision framework for local 
        officials to determine how much of an organism growing 
        in specimens taken from places that have been cleaned 
        is acceptable; establish effective clean-up standards; 
        and establish standards for safe occupancy of affected 
        sites. The guidance should be straightforward and 
        sufficiently detailed to help local officials restore 
        their communities and ensure that affected areas are 
        appropriately sampled, assessed, characterized, and 
        cleaned. The guidance developed under this section 
        should be consistent with existing and planned efforts 
        in other Federal departments and agencies, such as 
        decontamination and disposal requirements being 
        developed by the Department of Agriculture, and 
        interagency work on the National Disaster Recovery 
        Framework. The Committee recognizes that the Department 
        is not the sole Federal authority in recovery, but 
        views it as the best-suited agency to coordinate the 
        efforts of other agencies in developing much needed 
        guidance. The Department should, through this process, 
        help to clarify roles and responsibilities among 
        Federal departments and agencies, as well as with the 
        States.
            Sec. 2110.  Exercises.
          This provision requires the Secretary of Homeland 
        Security to develop exercises in consultation with 
        State, local, and tribal authorities to facilitate 
        recovery from a chemical, biological, radiological, and 
        nuclear (CBRN) attack or incident. The goal of this 
        section is to ensure that the guidance developed and 
        promulgated under Section 2109 is sufficiently 
        exercised by State and local stakeholders. Exercises 
        may be conducted in coordination with the National 
        Exercise Program.

                           Subtitle B--Grants

Sec. 521.  Sense of Congress.

    Section 521 expresses the Sense of Congress that continued 
support of homeland security grant programs is necessary to 
ensure that State and local governments build and sustain 
necessary capabilities to prevent, prepare for, and respond to 
terrorist attacks. This section expresses the Committee's 
continued support of terrorism preparedness grants at their 
authorized levels. Grant recipients have used these funds to 
establish and staff fusion centers, purchase equipment, enhance 
preparedness and response plans, conduct training and 
exercises, and enhance first responder training and exercises. 
These Federal assistance programs are necessary to maintain the 
increased preparedness and response capabilities developed 
since the attacks of September 11, 2001 and assist States and 
localities in addressing continually evolving threats, 
including those from domestic radicalization and lone wolf 
extremists.

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

    Section 522 permits recipients of grant funds under the 
State Homeland Security Grant Program and Urban Area Security 
Initiative to use those funds to work with a National 
laboratory when designing, conducting, and evaluating training 
and exercises. Limitations imposed by the Federal Emergency 
Management Agency on funds under these programs have prevented 
State and local grant recipients from using Federal grant money 
to pay for training and technical assistance from National 
laboratories and Federally funded research facilities. In this 
fiscal environment, State and local governments need access to 
training and assistance programs that can leverage limited 
Federal dollars. National laboratories and Federal facilities 
can offer those high-quality programs.

Sec. 523.  Notification of homeland security grant awards.

    Section 523 requires the Federal Emergency Management 
Agency to provide notification to the Committee on grant 
funding awards not less than 3 days prior to public 
announcement of those grants.

Sec. 524.  Transparency in homeland security grant funding.

    Section 524 requires the Federal Emergency Management 
Agency (FEMA) to designate an Authorization Liaison Officer who 
must provide regular reporting to the Committee on grant 
funding. It also requires the Assistant Administrator of FEMA 
to report on FEMA's efforts to develop measures and metrics for 
grant programs. This provision will enhance the transparency of 
grant programs administered by the Department of Homeland 
Security and enhance the Committee's ability to conduct 
oversight by ensuring the regular and prompt provision of 
information on grant programs to the Committee. In addition, 
the provision requires FEMA to regularly update the Committee 
on its efforts to develop measures and metrics for grant 
programs, an issue on which the Committee has been conducting 
oversight for some time.

Sec. 525.  Metropolitan Medical Response System.

    This section authorizes the Metropolitan Medical Response 
System Program (MMRS), which assists State, local and tribal 
governments in preparing for and responding to public health 
and mass casualty incidents resulting from acts of terrorism 
and natural disasters. The Secretary of Homeland Security is 
authorized to provide grants through the Administrator of the 
Federal Emergency Management Agency to State, local, and tribal 
governments to strengthen medical surge capacity; strengthen 
mass prophylaxis capabilities; enhance detection capabilities; 
develop mass triage plans; support information sharing and 
collaboration; conduct training and exercises; and strengthen 
decontamination capabilities. Jurisdictions that received 
funding in Fiscal Year 2010 are eligible for continued funding. 
After Fiscal Year 2012, a jurisdiction shall not be eligible 
unless the Secretary determines that the jurisdiction maintains 
a sufficient measured degree of capability in accordance with 
outlined performance measures. The provision also requires a 
review of the program to provide recommendations going forward. 
For each of fiscal years 2012 through 2016, $42 million is 
authorized.
    The Committee believes that MMRS is an important grant 
program for the first responder community. Authorizing it at 
appropriate levels will ensure that it remains a stand-alone 
program with dedicated funding, thereby providing localities 
with the resources they require to meet critical medical 
preparedness needs. Activities for which MMRS provides 
resources include response training, equipment purchases, 
dispensing of medical countermeasures, and overall coordination 
for catastrophic incident response. These activities are 
resource intensive and require continual equipment maintenance, 
exercises, and other resources.

Sec. 526.  Transit security grant program.

    Section 526 authorizes funding for the Transit Security 
Grant Program (TSGP) and allows those law enforcement agencies 
with the primary responsibility for securing a transit system 
to apply directly for TSGP funds. The section also permits 
grant recipients to use 50 percent of TSGP funds for 
operational expenses. Under current law, only transit agencies 
may apply for TSGP funding. Section 526 would permit a law 
enforcement agency that has entered into an agreement, such as 
a memorandum of understanding, with a transit agency to provide 
security for transit systems to apply for those funds directly; 
thus removing the bureaucratic step of having to apply through 
the eligible transit system and wait for funding to be passed 
through that system. This provision will eliminate bureaucracy 
and reduce the amount of time it takes to get grant funding 
into the hands of those providing security for transit systems. 
Moreover, the increased percentage provided for operational 
expenses will enhance security by permitting greater use of 
funds for canine teams, exercises, and the deployment of 
counterterrorism teams.

Sec. 527.  Prioritization.

    This provision clarifies the factors that the Federal 
Emergency Management Agency (FEMA) must consider in its risk 
formula when allocating grants under the State Homeland 
Security Grant Program (SHSGP) and Urban Area Security 
Initiative (UASI), specifically requiring DHS to count cruise 
ship passengers when considering an area's tourist population 
and air and maritime entries when considering border crossings. 
The Implementing Recommendations of the 9/11 Commission Act of 
2007 (9/11 Act; Pub. L. 110-53) authorized SHSGP and UASI and 
set forth the factors that FEMA must consider in allocating 
funds to States and high-risk urban areas under those programs. 
The Administrator of FEMA is currently required to consider an 
area's population, including military, tourist, and commuter 
populations. However, when considering tourist populations, 
FEMA does not include passengers of cruise ships. This decision 
is contrary to Congressional intent. Congress intended the 9/11 
Act to include all tourists, not just tourists staying in 
stationary hotels. FEMA also considers the number of lawful 
border entries as one of the factors. However, it only 
considers the number of entries at land ports of entry--to the 
exclusion of air and maritime ports of entry. With this 
provision, the Committee clarified that when FEMA is 
considering tourist populations and border crossings of a 
jurisdiction, it is considering all the facts.

Sec. 528.  Transportation security grant program study.

    This section requires the Comptroller General of the United 
States to conduct a study and report to the Committee on the 
Homeland Security in the House of Representatives on the 
impacts of the Transit Security Grant Program on western 
States.

Sec. 529.  Interagency grants working group.

    This section requires the Secretary of Homeland Security, 
in coordination with relevant departments and agencies, to 
establish an interagency working group to coordinate Federal 
preparedness grants. This section further requires the 
Secretary to report to the Committee on the activities of the 
working group within one year from the date of enactment of 
this Act.

                       Subtitle C--Communications

Sec. 541.  Sense of Congress regarding interoperability.

    This section calls for improvement of public safety 
communications and the construction of a first responder 
interoperable communications network.

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

    This section requires the Administrator of the Federal 
Emergency Management Agency (FEMA) to execute a memorandum of 
understanding (MOU) with the Director of the Office of 
Emergency Communications (OEC) in the National Protection and 
Programs Directorate of the Department of Homeland Security to 
delineate the roles and responsibilities of each party with 
respect to the development of policy and guidance for 
communications related expenditures using grant funds. The 
Committee intends this requirement to help to ensure that FEMA 
leverages OEC's communications policy expertise during the 
development of grant guidance.

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

    This section requires the Secretary to establish a 
National, integrated public alert and warning system (IPAWS) 
within one year of the date of enactment of this Act.

               Subtitle D--Broadband for First Responders

    Subtitle D was derives from H.R. 607, the ``Broadband for 
First Responders Act.'' The Committee believes this legislation 
comprehensively accounts for the three major issues surrounding 
public safety interoperable communications: (1) spectrum, (2) 
funding, and (3) governance. Subtitle D allocates the paired 
electromagnetic spectrum bands of 758-763 MHz and 788-793 MHz, 
otherwise known as the `D Block', for public safety broadband 
communications.
    The Committee intends for allocation of the D Block to 
public safety to provide our Nation's first responders with 
sufficient spectrum to develop a wireless broadband network. 
Moreover, Subtitle D authorizes funding for the construction of 
a National interoperable public safety wireless broadband 
network and a governance component for the said network. This 
section allocates to public safety agencies an adequate amount 
of contiguous broadband spectrum--specifically the D Block, 
which reserves 10Mhz for public safety use--to provide the 
highest speed and quality for transmitting mission-critical 
voice, video, and data services. This section establishes two 
grant programs to fund the capital and operational expenses of 
a National interoperable public safety wireless broadband 
network. The Department of Homeland Security would administer 
both grant programs, which would be funded by the auction of 
Federally occupied spectrum. The Committee supports the mission 
of first responders and public safety officials, who must have 
access to new interoperable technologies to perform 
increasingly complex duties. Moreover, the Committee believes 
that these technologies will require dedicated spectrum that is 
managed and controlled by public safety to ensure that the 
technologies will be more secure and reliable than those in 
commercial systems.

Sec. 561.  Allocation and assignment of public safety licenses.

    This section requires the Federal Communications Commission 
to license the paired electromagnetic spectrum bands of 758-763 
MHz and 788-793 MHz, otherwise known as `D Block', to public 
safety for broadband communications within 60 days of 
enactment.

Sec. 562.  Standards.

    This section requires the FCC, in consultation with other 
departments, to develop a public safety agency state of 
requirements that enables nationwide interoperability and 
roaming across any communications system using public safety 
broadband spectrum.

Sec. 563.  Rule of construction.

    This section provides a governance structure to the single 
public safety broadband licensee.

Sec. 564.  Funding.

    This section establishes two grant programs: the first 
providing up to $5.5 billion for a construction fund to assist 
in the cost of local agencies constructing networks. The 
second, up to $5.5 billion for an operation and maintenance 
fund to assist in the ongoing operation of such networks. Both 
grant programs would be administered by the Department of 
Homeland Security.

Sec. 565.  Public safety interoperable broadband network construction.

    This section establishes the projects, matching 
requirements, rules, and technical assistance guidelines by 
which funds from the construction fund can be used.

Sec. 566.  Public safety interoperable broadband maintenance and 
        operation.

    This section establishes a maintenance and operation 
reimbursement program and provides rules on the expenses 
attributable to the maintenance and operation of the network.

Sec. 567.  Audits.

    This section requires the Government Accountability Office 
to audit the grant programs every three years.

Sec. 568.  Auction of spectrum to fund the interoperable broadband 
        network construction fund and the operation and maintenance 
        fund.

    This section requires the auction of the electromagnetic 
spectrum bands at 1755-1780 megahertz and 2155-2180 megahertz.

Sec. 569.  Extension of auction authority and assurance of open 
        auctions.

    This section extends the Federal Communications 
Commission's auction authority until 2020.

Sec. 570.  Definitions.

    This section provides definitions for all terms and title 
used in Subtitle D.

                  Subtitle E--Miscellaneous Provisions

Sec. 581.  Audit of the National Level Exercise.

    This section directs the Department of Homeland Security's 
Inspector General to conduct an audit of the expenses 
associated with National Level Exercises and the Federal 
Emergency Management Agency's application of lessons learned 
from those exercises.

Sec. 582.  FEMA report to Congress on sourcing and distribution of 
        disaster response goods and services.

    This section requires the Federal Emergency Management 
Agency (FEMA) to report on how it has reduced waste and sought 
efficiencies for purchasing disaster goods and services. In 
August 2009, the Inspector General (IG) of the Department of 
Homeland Security released a report regarding FEMA's sourcing 
for disaster response goods and services. The IG found that 
FEMA's sourcing is stove-piped and limits FEMA's ability to 
implement an overarching sourcing strategy, minimize redundancy 
and provide transparency over the entire resource ordering 
process. The IG recommended that FEMA adopt a single-point 
ordering concept, which is coordinated through the Logistics 
Section, consistent with the requirements of the National 
Incident Management System (NIMS). The IG has further 
recommended that FEMA invest in information technology systems 
to support single-point ordering and provide greater 
transparency. FEMA concurred with both recommendations and is 
in the process of implementing them, which may take five years. 
FEMA has established a Single Point Ordering Working Group and 
a single point ordering training course at the Emergency 
Management Institute. Single point ordering requirements will 
also be included in the update to the Logistics Supply Chain 
Management System. This provision requires FEMA to report to 
the Committee on this and other efforts to create efficiencies 
and eliminate waste in purchasing disaster goods and services.

Sec. 583.  Rural resilience initiative.

    Section 583 requires the Under Secretary for Science and 
Technology (S&T) of the Department of Homeland Security to 
conduct research to assist State, local, and tribal leaders and 
the private sector in developing tools and methods to enhance 
rural preparation for, and response and resilience to, 
terrorist attacks and other incidents. Activities include 
outreach with rural communities, examination of how rural 
communities employ resilience capabilities and response assets; 
development of a community resilience baseline template; and 
plans to educate communities and address community needs in 
this area. The Committee believes that the ongoing work by the 
S&T Directorate in this area is critical to ensuring that rural 
communities are capable of rebounding from disastrous events, 
including chemical, biological, radiological, or nuclear 
incidents. The results of the research should be used to 
promote resilience capabilities in rural communities across the 
Nation.

Sec. 584.  National Domestic Preparedness Consortium.

    This section authorizes the current activities of the 
National Domestic Preparedness Consortium (NDPC). The NDPC, 
made up of university partners, provides education and training 
to first responders for explosive and incendiary attacks; 
incident management; and radiological and nuclear attacks. 
Since its establishment in 1998, the NDPC has trained more than 
1.6 million participants from areas throughout the United 
States. The Committee supports the efforts of the NDPC to train 
first responders and urges the NDPC to develop medical 
readiness training as part of the curriculum, including through 
the addition of new consortium partners as necessary.

Sec. 585.  Technical correction.

    This section authorizes the Administrator of the Federal 
Emergency Management Agency to accept donations of real 
property on behalf of the Center for Domestic Preparedness for 
its use in training programs.

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.

    This section requires the Administrator of the Federal 
Emergency Management Agency to certify to the Department of the 
Treasury that individuals subject to the recoupment of 
previously issued disaster assistance receive a notice of debt 
letter and opportunity to appeal before the debt is forwarded 
to the Department of the Treasury for collection.

Sec. 587.  Conforming amendment.

    This section repeals the authorization of the National 
Biosurveillance Integration Center (NBIC). The Implementing 
Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 
110-53) required the Secretary of Homeland Security to 
establish and operate the NBIC to rapidly identify and track a 
biological event of National concern. While a variety of 
systems exist at the Federal, State, and local levels to 
retrieve some of this information, none actually integrates all 
of the data from all sectors--human, animal, plant, food, and 
the environment. This lack of integration has prevented the 
Government from quickly discovering an agent--such as anthrax--
that might hit two sectors at once, or that is detected in two 
States which use different databases.
    Unfortunately, the Department has been unable to achieve 
its mandate. While reasons for this shortcoming have included 
technological difficulties and poor management, the Committee 
believes that the most important failing was refusal by other 
agencies to share their data in the absence of a legal mandate. 
The Committee believes that until there is a clear legal 
mandate to share data, the $7 million annual cost of the 
program is wasted taxpayer dollars. The Committee recognizes 
that the President is currently working on a new strategy for 
biosurveillance. The Committee looks forward to receiving this 
plan, and hopes that it harnesses the authority of the 
President to require the dozen agencies with this kind of data 
to share the needed information. Although the Department must 
play a coordinating role, it has not succeeded in being the 
prime integrator. The Committee believes that the anticipated 
approach is necessary.

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

    This section requires the Inspector General of the 
Department of Homeland Security to review how the Federal 
Emergency Management Agency's (FEMA) 10 regional offices are 
implementing the delegated authorities pursuant to the Post 
Katrina Emergency Management Reform Act of 2006 (Title VI of 
Pub. L. 109-295) and the FEMA Administrator's July 2009 
memorandum.

Sec. 589.  Lessons learned for National Level Exercises.

    Section 589 requires the Administrator of the Federal 
Emergency Management Agency to provide reports electronically 
on lessons learned from the National Level Exercises. The 
report should be provided to exercise participants and be 
tailored to convey information that could enhance preparedness 
and response capabilities. This section further requires the 
Administrator to share the lessons learned reports to the 
Committee on Homeland Security in the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs 
in the Senate.

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

    Section 590 directs the Secretary of Homeland Security, 
acting through the Under Secretary for Science and Technology 
(S&T), to assess and validate commercial emergency responder 
equipment and systems (including hand-held detectors for 
chemical, biological, radiological, and nuclear agents); 
provide results to the emergency response provider community in 
an operationally useful form; provide information about 
equipment on the departmental authorized equipment list; enable 
decision-makers and responders to better select, procure, use, 
and maintain emergency responder equipment; and share this 
information nationally with the emergency response provider 
community.
    This section authorizes ongoing activity within the S&T 
Directorate. The Committee is concerned that some equipment and 
systems that are commercially available for first responders 
have not been operationally tested, and manufacturer claims may 
provide insufficient information to assure that the equipment 
will perform reliably in the field. The Committee supports the 
System Assessment and Validation for Emergency Responders 
(SAVER) program because it objectively validates the 
reliability of these systems and equipment and provides first 
responders with the information necessary for better purchasing 
decisions. The Committee urges the SAVER program to consult 
with the Federal Bureau of Investigation and other Federal 
agencies that have conducted evaluations of such equipment and 
systems for other purposes for their relevant input, and 
intends that SAVER will undertake coordination with other 
Federal efforts to develop minimum standards of detection.

Sec. 591.  National Transportation Security Center of Excellence.

    This section authorizes funding for the National 
Transportation Security Center of Excellence (Center). The 
Committee recognizes the Center as an elite group of seven 
diverse institutions providing critical research and 
development for technologies, tools, and methods to defend, 
protect and increase the resilience of our Nation's various 
transportation systems. These institutions are a vital partner 
in our efforts to encourage collaboration and innovation, by 
drawing on skilled experts from across the country, in order to 
enhance transportation security.

Sec. 592.  Mental health counseling for disaster victims.

    This section requires the Secretary of Homeland Security to 
conduct a review of the Department's mental health counseling 
activities for disaster victims.

Sec. 593.  Effectiveness of certain disaster preparation.

    This section directs the Comptroller General of the United 
States to evaluate the effectiveness of Federal disaster 
housing programs and the collaboration and coordination between 
the Federal Emergency Management Agency and the Department of 
Housing and Urban Development on these programs.

                  TITLE VI--BORDER SECURITY PROVISIONS

Sec. 601.  Definitions.

    Section 601 defines certain terms used in Title VI, 
including ``operational control.''

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

    The Committee remains extremely concerned about the status 
of our Nation's borders. Notably, a recent Government 
Accountability Office report indicated that only 44 percent of 
the Southwest Border was under operational control; an earlier 
report indicated that only 32 of the nearly 4,000 Northern 
border miles in Fiscal Year 2010 had reached an acceptable 
level of security. Congress has devoted billions of dollars to 
secure the border through investments in personnel, technology 
and infrastructure. However, at times the Department has 
realized only partial successes in securing the border. In the 
FY2012 Budget Justification, DHS indicated it had no plan to 
gain additional miles of operational control during FY 2011 or 
2012. Accordingly, Section 602, derives from H.R. 1299, the 
``Secure Border Act of 2011,'' which was reported out of the 
Full Committee on September 21, 2011. This section directs the 
Secretary of Homeland Security to submit to the Committee a 
comprehensive strategy for gaining operational control of the 
Nation's borders and ports of entry within five years. This 
reflects the Committee's belief that the Department should 
produce a comprehensive and coherent plan to gain and maintain 
operational control, as defined by the Secure Fence Act of 2006 
(Pub. L. 109-367), and to guide future investments for the 
Nation's border security efforts.

Sec. 603.  Maintaining Border Patrol staffing.

    This section authorizes the current staffing level of 
21,700 Border Patrol agents to continue for the next two years 
to continue to deter, detect, and respond to illegal entries. 
The Committee supports the Border Patrol's efforts to maintain 
a force of highly trained Agents, especially in light of the 
cancellation of SBInet. Since 2002, Congress has provided 
funding to increase the Border Patrol with an additional 10,000 
Agents.

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

    Section 604 derives from H.R. 916, ``The Jaime Zapata 
Border Enforcement Security Task Force Act.'' This section 
would establish a Border Enforcement Security Task Force (BEST) 
program to reduce drug trafficking, arms smuggling, illegal 
alien trafficking and smuggling, violence, and kidnapping along 
and across U.S. borders by creating task-force units of several 
Federal, State, local and international law enforcement 
agencies. This section authorizes task forces created by U.S. 
Immigration and Customs Enforcement (ICE) with Federal, State, 
local, and foreign law enforcement counterparts, to identify, 
disrupt, and dismantle criminal organizations posing 
significant threats to border security. BEST teams incorporate 
personnel from ICE; U.S. Customs and Border Protection; the 
Drug Enforcement Administration; the Bureau of Alcohol, 
Tobacco, Firearms and Explosives; the Federal Bureau of 
Investigation; the U.S. Coast Guard; and the U.S. Attorney's 
Office along with other key Federal, State, local, and foreign 
law enforcement agencies.

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

    Section 605 requires a review of the training curricula for 
Border Patrol Agents with regard to effectiveness and 
efficiency. In light of the Border Patrol's significant growth 
over the last decade, the Committee remains cognizant of the 
training costs that must be dedicated to maintaining a 
professional force. Accordingly, this section directs the 
Government Accountability Office to review the cost 
effectiveness and efficiency of the basic training provided to 
Border Patrol Agents.

Sec. 606.  Prohibition on impeding certain activities of U.S. Customs 
        and Border Protection related to border security.

    Section 606 authorizes the U.S. Customs and Border 
Protection to enter Federal lands for security activities, 
including routine motorized patrols, the deployment of 
temporary tactical infrastructure, and to provide 
recommendations for reducing the cost of training. Currently, 
the Border Patrol must obtain permission from the Department of 
the Interior and the Department of Agriculture before its 
agents may undertake certain activities on Federal border 
lands--such as maintaining roads and installing surveillance 
infrastructure. To address these delays, the Department of 
Homeland Security signed a Memorandum of Understanding (MOU) 
with the Departments of the Interior and Agriculture in 2006. 
The MOU is designed to set a framework for access to Federal 
lands. However, the Committee believes that the interagency 
application of that MOU remains uncertain for various types of 
patrols. Accordingly, the Committee intends for Section 606 to 
clarify the parameters under which the U.S. Border Patrol may 
gain access to Federal lands for routine vehicle patrols, 
construction and maintenance of roads, and deployment of 
infrastructure.

Sec. 607.  Border security infrastructure and technology.

    Section 607 directs the Commissioner of the U.S. Customs 
and Border Protection to collaborate with the Science and 
Technology Directorate of the Department of Homeland Security 
to identify equipment that would detect tunnels; the use of 
unauthorized vehicles; low-flying aircraft; unmanned vehicles; 
and unlawful entries between the ports of entry. The 
Commissioner must also consult with the Assistant Secretary of 
Defense for Research and Engineering to leverage existing 
research and development of relevant equipment and 
technologies. The requirements within this section reflect the 
Committee's view that cooperation among Department components 
and with the various Executive agencies is vital to producing 
solutions for the Department's multiple homeland security 
missions.

Sec. 608.  Northern border canine teams.

    Section 608 requires the Department of Homeland Security to 
deploy canine enforcement teams to at least five ports of entry 
for not less than one year after the date of enactment. Studies 
estimate that an overwhelming percentage of drugs and other 
contraband are trafficked through ports of entry. The Committee 
believes that canines trained to detect narcotics and concealed 
humans are one of the more effective solutions for addressing 
smuggling. Accordingly, Section 608 authorizes further use of 
canine units along the Northern border, which regularly 
receives only a fraction of resources devoted to border 
security.

Sec. 609.  Unmanned vehicles pilot program.

    This section directs the Commissioner of the U.S. Customs 
and Border Protection, in coordination with the Science and 
Technology Directorate, to test the effectiveness of autonomous 
unmanned vehicles patrolling the maritime and land environments 
of the Northern and Southern borders.

Sec. 610.  Report on unmanned aerial vehicles.

    This section requires the Government Accountability Office 
to submit a report to analyze various costs and missions of 
aviation assets, including unmanned aerial vehicles (UAV), used 
by the U.S. Customs and Border Protection and the U.S. Coast 
Guard. The Committee recognizes that in the near future, the 
Department of Homeland Security may be operating as many as 10 
UAVs along the Northern, Southern and coastal borders, with 
plans to perhaps more than double that number. With a growing 
reliance on UAV technology, the Committee will continue 
oversight over the Department's UAV program.

Sec. 611.  Student visa security improvement.

    Section 611 directs the Secretary of Homeland Security to 
review applications and conduct in-person interviews, where 
appropriate, of the student and exchange program visa 
applicants to determine whether an applicant is inadmissible 
due to terrorist-related activities. Participating schools in 
the Student and Exchange Visitor Program must ensure that each 
covered student or exchange visitor is an active program 
participant and is reported to the Department if the student 
transfers institutions or changes academic majors. This 
provision also introduces reforms to the Student and Exchange 
Visitor Information System.

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

    This section provides the Department of Homeland Security 
with the legal authority to issue Asia-Pacific Economic 
Cooperation (APEC) business travel cards, which would provide 
fee-based frequent traveler cards for travelers to and from 
certain nations. The Committee endorses the use of APEC cards 
to expedite screening for these travelers; to reduce wait 
times; and enhance security. Accordingly, the Committee urges 
the Department, acting through the U.S. Customs and Border 
Protection, to commence the APEC business travel card program 
as soon as possible and, as indicated by Section 613, to 
integrate that program with similar programs conducted by the 
U.S. Customs and Border Protection, such as Global Entry, 
NEXUS, or SENTRI, to the greatest extent possible.

Sec. 613.  Border crossing documentation.

    This section directs the Commissioner of the U.S. Customs 
and Border Protection to carry out the NEXUS, SENTRI, Global 
Entry and Asia-Pacific Economic Cooperation (APEC) business 
travel card programs.

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

    This section directs the Secretary of Homeland Security, 
acting through the U.S. Customs and Border Protection, to 
conduct an internal staffing review for each of the 10 
international airports located in the United States with the 
largest volume of international travelers.

Sec. 615.  Port security grant program.

    This section extends the authorization of the Port Security 
Grant program at a level of $400,000,000 per year through 
Fiscal Year 2014.

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

    This section allows Port Security Grant funding to be 
utilized to fund overtime and backfill costs for personnel in 
support of Port Security Grant program expenditures, so long as 
these costs do not exceed 50 percent of the total grant funding 
a grantee receives in one fiscal year.

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

    This section directs the Secretary of Homeland Security to 
modify the Transportation Worker Identification Credential 
(TWIC) enrollment and distribution process to prevent 
unauthorized aliens from being able to acquire a TWIC by 
requiring an applicant to present proof of U.S. citizenship or 
authorization to work in the U.S. when applying for a TWIC. 
Furthermore, the Secretary shall modify the TWIC enrollment 
process so that a TWIC card would expire upon the same date 
that a TWIC holder's work authorization or visa will expire, 
whichever comes sooner, so long as the work authorization or 
visa is set to expire within five years of the TWIC 
application.

Sec. 618.  Small vessel threat analysis.

    This section directs the Secretary of Homeland Security to 
analyze and submit a report on the threat of, vulnerability to, 
and consequence of an act of terrorism using a small vessel 
against United States registered vessels, ports, or maritime 
interests.

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

    To further efforts to enhance transparency and enhance the 
oversight of the Department of Homeland Security, Section 619 
requires the U.S. Customs and Border Protection to report, and 
make readily available, information on wait times at each 
international air port of entry.

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

    This section provides for a sense of Congress reaffirming 
its commitment to securing the Southern border by expressing 
support for the Secretary of Homeland Security to deploy an 
additional unmanned aerial vehicle (UAV) that could compensate 
for surveillance lapses by current UAVs created by frequently 
changing weather conditions and to facilitate the ability of 
the U.S. Customs and Border Protection to collaborate with the 
U.S. Air National Guard.

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

    This section directs the Secretary of Homeland Security to 
report on the status of unobligated funds in its Customs User 
Fee Account, which was the subject of a prior report from the 
Government Accountability Office. Based on the outcome of the 
Secretary's report, the Committee will endeavor to determine 
whether that funding should be rededicated to fund additional 
measures to support border security, including the potential of 
adding of as many as 500 of U.S. Customs and Border Protection 
officers per year in FY 2012 and FY 2013.

Sec. 622.  Outbound inspections.

    This section directs the Secretary of Homeland Security to 
ensure that the U.S. Customs and Border Protection (CBP) has 
instituted a program to perform inspections at ports of entry 
on the Nation's Northern and Southern land borders. According 
to the Department, CBP officers currently perform a limited 
number of outbound inspections. The Committee supports those 
efforts and encourages their further expansion, using its 
already allocated level of appropriations, to increase CBP's 
ability to interdict firearms and other contraband.

Sec. 623.  Deporting criminal aliens.

    Section 623 authorizes appropriations for the U.S. 
Immigrations and Customs Enforcement in the amount of $1.6 
billion for each of Fiscal Year 2012 and 2013 for the purpose 
of deporting aliens found to be deportable for either 
conviction of a crime; or being found to pose a serious risk to 
public safety or National security. The Committee supports the 
implementation of a comprehensive plan to secure the Nation's 
borders, incorporating the necessary staffing, fencing, and 
technology to address the illegal aliens currently within the 
Nation as priorities.

Sec. 624.  Establishment of Immigration and Customs Enforcement.

    Pursuant to Section 402 of the Homeland Security Act of 
2002 (Pub. L. 107-296), the Department of Homeland Security 
assumed the legal authorities and became responsible for the 
mission of immigration enforcement. Thereafter, in March 2003, 
the Department designated U.S. Immigration and Customs 
Enforcement (ICE) to carry out those functions. Today, ICE is 
the largest law enforcement component of the Department and is 
responsible for enforcing immigration and customs laws. In 
furtherance of the Committee's continuing support for the law 
enforcement mission of ICE and the devoted personnel who carry 
out that mission, Section 624 codifies the authorization for 
ICE. The Director of ICE is responsible for overseeing ICE's 
criminal investigations and enforcement of Federal law, 
particularly those relating to immigration and customs law, and 
for the deportation of illegal aliens who are eligible for 
deportation or removal. The Director is also responsible for 
developing and determining policy for ICE, subject to the 
approval of the Secretary of Homeland Security.

Sec. 625.  Report on drug cartels.

    Section 625 requires the Secretary of Homeland Security to 
submit a report to the Committee regarding the terrorist 
activities of specific drug cartels that are active along the 
Southern border of the United States.

Sec. 626.  Increase in unmanned aerial vehicles.

    Section 626 provides for greater security along the 
Southern border by directing the Secretary of Homeland Security 
to deploy two additional unmanned aerial vehicles, which shall 
be paid for out of current funding appropriated to the U.S. 
Customs and Border Protection.

Sec. 627.  Border Area Security Initiative.

    Section 627 renames `Operation Stonegarden' as the `Border 
Area Security Initiative' and authorizes funding at the Fiscal 
Year 2011 level of $54,890,000. The Committee intends no affect 
on the function of the program, which pursuant to Fiscal Year 
2011 grant guidance is to provide ``funding to enhance 
cooperation and coordination among local, tribal, territorial, 
State, and Federal law enforcement agencies in a joint mission 
to secure the United States' borders along routes of ingress 
from international borders to include travel corridors in 
states bordering the United Mexican States and Canada, as well 
as states and territories with international water borders.'' 
However, this also codifies the approximate current ratio for 
allocating grant funding by providing that 80.7 percent of such 
funding be allocated for activities along the Southern border.

Sec. 628.  Foreign terrorist organizations.

    Section 628 requires the Secretary of Homeland Security to 
submit a report to the Committee on the presence of Hezbollah, 
or other foreign terrorist organizations, along the Southern 
border.

Sec. 629.  Border Condition Index.

    In May 2011, the Department of Homeland Security advised 
that it was developing an index to comprehensively measure 
security along the Southern border, which would replace the 
current metrics used to measure security including the metric 
of ``operational control.'' In the Secure Fence Act of 2006 
(Pub. L. 109-367), Congress set forth the mandate that the 
Department achieve operation control over the entire 
international land and maritime borders of the United States. 
In doing so, Congress defined ``operational control'' as ``the 
prevention of all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, 
instruments of terrorism, narcotics, and other contraband.'' 
The Committee remains supportive of the current mandate that 
requires the Department to achieve operational control over our 
Nation's international borders and urges the Department to 
remain cognizant of that mandate in developing any further 
metric, including the Border Condition Index. Accordingly, 
Section 629 directs that in developing the Border Condition 
Index, the Secretary must consider: the flow estimates of 
aliens who are unlawfully present in the United States; the 
ratio comparing the number of apprehensions of unlawful aliens 
versus the estimated number of unlawful aliens that are not 
apprehended; and the percentage of apprehended unlawful aliens 
who are recidivists in their illegal entry into the United 
States.

Sec. 630.  Sense of Congress.

    Section 630 expresses the sense of Congress that the 
Department of Homeland Security should complete at least 700 
miles of reinforced fencing along the Southwest border, as 
mandated by the Secure Fence Act of 2006 (Pub. L. 109-367), 
where construction would be geographically feasible.

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

    Section 631 mandates inspection of all visa applications 
and supporting documentation by the Department of Homeland 
Security before the adjudication of that application at the 20 
highest-risk visa issuing posts, as determined by the 
Secretary, and authorizes the Secretary to assign employees to 
those diplomatic and consular posts.

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

    Section 632 authorizes the U.S. Customs and Border 
Protection (CBP) to enter into partnerships wherein CBP could 
work with investors on projects to improve infrastructure at 
the ports of entry. Following the attacks of September 11, 
2001, the Federal Government carried out several crucial 
measures that bolstered security at our Nation's borders. 
However, the Committee recognizes that increases in border wait 
times, which can result from a thickened border, creates 
negative economic impacts. Accordingly, it is critical to 
expedite the flow of legitimate traffic through the ports of 
entry. The extensive trade that the United States carries out 
with Canada, our largest trade partner, and the United Mexican 
States affirms that conclusion. The Committee intends for this 
measure to expedite commerce at the ports of entry, which 
facilitates trade and creates jobs.

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

    Section 633 requires the Secretary of Homeland Security to 
submit a report to the Committee regarding the Immigration 
Advisory Program (IAP) as it pertains to the top 20 highest-
risk foreign airports that are last points of departure to the 
United States. The IAP posts U.S. Customs and Border Protection 
(CBP) officers at foreign airports to screen passengers bound 
for the United States and make ``no board'' recommendations for 
high-risk individuals who may have connections to terrorism or 
crime, or are otherwise inadmissible into the United States. 
The Committee intends the Department's analysis to include a 
cost-benefit analysis that compares the value derived from a 
CBP officer deployed abroad pursuant to the IAP, with a CBP 
officer deployed domestically.

Sec. 634.  Coast Guard deployable special forces assets.

    This section directs the Secretary of Homeland Security to 
procure two new HH-60 Jayhawk medium-range helicopters for the 
U.S. Coast Guard. These two new helicopters are to be stationed 
with the enhanced deployable teams required under Section 804 
of the U.S. Coast Guard Authorization Act of 2010 (Pub. L. 111-
281) and utilized to meet readiness and training requirements 
for these teams.

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

    Section 635 requires the Secretary of Homeland Security to 
develop a plan for the implementation of a system to record 
biometric records of non-U.S. citizens prior to departing the 
United States from airports, in accordance with the Enhanced 
Security and Visa Entry Reform Act of 2002 (Pub. L. 107-173). 
If the Secretary determines that the United States Visitor and 
Immigrant Status Indicator Technology (US-VISIT) biometric exit 
program is not feasible, then the Secretary will be required to 
propose an alternative program that provides the same level of 
security. The Committee recognizes that biometrics can be used 
to provide greater security at the border. As the use of 
biometric technologies expands among Federal, State, and local 
operators, the Department should develop standard training and 
operations for their use to assure consistency in collection 
and retention of biometric data. Where practicable, the 
Department should leverage ongoing work at Federal and private 
sector research facilities, Centers of Excellence or 
universities to carry out this work. Moreover, the use of 
biometrics should be developed in coordination with State and 
local stakeholders and the private sector.

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

    Section 636 requires the Commissioner of the U.S. Customs 
and Border Protection to coordinate with the Administrator of 
the Transportation Security Administration to cross-designate 
passengers from one another's trusted-traveler programs, to the 
greatest extent practicable, and to report to the Committee on 
their progress. The Committee believes that trusted traveler 
programs effectively expedite legitimate travelers while also 
enhancing security. Accordingly, those programs should be 
operated in a manner that encourages participation by 
travelers.

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

    Section 637 directs the Secretary of Homeland Security to 
develop a comprehensive plan that measures the effectiveness of 
customer service programs conducted by Immigration and Customs 
Enforcement, the U.S. Customs and Border Protection, and the 
Transportation Security Administration.

                   TITLE VII--SCIENCE AND TECHNOLOGY

           Subtitle A--Directorate of Science and Technology

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

    Section 701 requires the Department of Homeland Security's 
Under Secretary of Science and Technology (S&T) to submit to 
the Committee, and update annually, a strategic plan. The 
strategic plan will include S&T's long-term strategic goals, 
objectives and metrics; a list of programs that support these 
goals; S&T's response to homeland security capability gaps 
identified by customers; risk analysis conducted for S&T 
programs; a technology transition strategy; a description of 
policies on management, organization, and personnel; and goals, 
objectives and metrics for the SAFETY Act (Support Anti-
terrorism by Fostering Effective Technologies Act of 2002; Sec. 
861 of Pub. L. 107-296) program. The Committee believes 
strategic planning is a necessary management tool that will 
enable the Under Secretary of S&T to make more informed 
decisions and will be especially useful in navigating the 
challenges that come with unpredictable environments. The 
Committee recommends that S&T prepare the strategic plan in 
accordance with other applicable Federal requirements and in 
alignment with other applicable strategic guidance. The 
Committee intends for S&T to use this planning process as the 
basis for making future strategic decisions, including finding 
efficiencies in its operations to support cost-savings.
    The Committee is encouraged by the progress being made in 
implementing the SAFETY Act and urges the Under Secretary to 
continue improving this program to award Designations and 
Certifications to applicants and to promote more broadly the 
use of the SAFETY Act in solicitations and private sector 
programs administered by the Department, including, for 
example: Project Einstein and the Chemical Facility Anti-
Terrorism Standards. The Committee intends for the Under 
Secretary to specifically identify the criteria used to 
determine whether an award is granted and the mechanisms 
established to ensure that no additional criteria or metrics 
could be imposed to deny an award without the specific approval 
of the Under Secretary.

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

    Section 702 requires the Department of Homeland Security's 
Under Secretary for Science and Technology (S&T) to develop, 
and revise at least every five years, a research and 
development (R&D) plan for S&T. This section requires the S&T 
Directorate to report to the Committee on its progress toward 
implementing the plan when the President submits his annual 
budget request. The Committee intends for S&T's five-year R&D 
Plan to build upon the Strategic Plan in section 701 and serve 
as the blueprint for its investment portfolio, outlining S&T's 
research and development priorities, programs, and key 
milestones for the next five years. The Committee believes this 
five-year R&D plan will yield significant benefits for S&T 
ranging from a clear focus, established priorities, consensus 
on high-impact homeland security programs, a basis for 
measuring progress and impact, and cost-savings. The Committee 
also expects the plan to facilitate Congressional oversight by 
enhancing S&T's transparency and accountability, which has been 
lacking in recent years. While S&T must contend with difficult 
challenges--including evolving threats, technologies, and 
fiscal pressures--the Committee believes a disciplined planning 
process will be vital in such a changing environment to prepare 
for the uncertainties ahead and enable S&T to make informed 
choices.

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

    Section 703 requires the Department of Homeland Security's 
Under Secretary for Science and Technology (S&T) to implement a 
process, within 180 days of enactment, for identifying 
priorities in homeland research and development (R&D), 
allocating funding, and tasking requirements. The Committee 
believes S&T needs an improved process to better focus S&T's 
activities on high priority needs of its customers. While S&T 
has improved its relationship with its customers and taken 
steps toward a customer-driven technology development process 
by establishing the Capstone Integrated Product Teams (IPTs), 
the Committee finds this process to be insular, not equipped to 
address DHS-wide priorities, nor flexible to meet changing 
Department priorities. This section would address this 
deficiency by requiring S&T's research priorities to be driven 
by Department-wide priorities as identified by the Capabilities 
and Requirements Council in section 202 and informed by risk 
assessments, intelligence reports on emerging threats and 
National strategic guidance documents. The Committee expects 
S&T to evaluate Department-wide priorities and needs to 
determine which ones could be met with technological solutions, 
either through commercially available technology, technology 
adapted from another Federal agency or international partner, 
or through pursuit of a R&D program. This section also 
strengthens the participation of technology end-users, such as 
first responders. The Committee believes for S&T to be 
successful in promoting technology development it must 
identify, update, and disseminate technology priorities to 
provide invaluable visibility to Federal, State, local, first 
responder, and private sector partners.

Sec. 704.  Research and development progress.

    Section 704 requires the Department of Homeland Security's 
Under Secretary for Science and Technology (S&T) to monitor the 
progress of its research, development, testing, and evaluation 
activities by establishing a method that accounts for project 
milestones and deliverables, keeps customers updated on 
progress, collaborates with outside experts to evaluate 
progress, and collects feedback from customers on the quality 
and utility of products delivered by S&T.
    The Committee believes that increased engagement of S&T 
with its customers throughout the development lifecycle will 
deter unforeseen problems at an earlier stage and will focus 
S&T's programs toward meeting customer needs. The Committee 
also notes that S&T has not consistently applied expert peer 
review practices. By requiring greater input from external 
experts in decisions about S&T's programs, the Committee 
believes greater accountability at S&T will be created. The 
Committee expects customer feedback and input from outside 
experts will increase S&T's likelihood of transitioning 
technologies that are successfully fielded.

Sec. 705.  Acquisition and operations support.

    Section 705 requires the Department of Homeland Security's 
Under Secretary for Science and Technology (S&T) to provide 
science-based, analytic capabilities across the Department to 
examine major technology acquisition programs, define 
technological requirements, and support evaluation of 
alternatives. The Committee believes S&T needs to be an 
integral part at every stage of the Acquisition Review Board's 
deliberations regarding the Department's major technology 
investments.
    This section further requires the Under Secretary to assess 
technology readiness to determine whether technologies are 
sufficiently mature to proceed through the acquisition process. 
The Committee encourages S&T to use and modify, if necessary, 
Technology Readiness Assessment models successfully developed 
and routinely used by other Departments and agencies, such as 
the Department of Defense. The Committee believes 
implementation of such a process will avoid repeating some of 
the costly failures in the past few years related to 
acquisition of flawed or insufficiently mature technology. For 
radiological and nuclear detection technologies, the Committee 
intends for the Domestic Nuclear Detection Office to undertake 
any technology assessments, not S&T. Section 705 does not apply 
to information technology that is being acquired for use on 
internal DHS networks.

Sec. 706.  Operational Test and Evaluation.

    This section establishes a Director of Operational Test and 
Evaluation (OT&E) within the Department of Homeland Security. 
The Director would prescribe OT&E policies for the Department 
and review and approve all operational test plans for major 
acquisition programs. OT&E is a critical stage in the 
acquisition lifecycle presenting an opportunity to detect 
problems with technology, before DHS makes substantial 
investments in full-scale procurement. Because of this 
criticality, the Committee believes an independent agent must 
validate whether OT&E for major DHS acquisition programs is 
sufficient to confirm operational effectiveness and suitability 
of the Department's technologies. The difficulties experienced 
by the Department with the Advanced Spectroscopic Portal, 
SBInet, and the Deepwater programs underscore the need for an 
independent agent to oversee operational testing.
    The Committee recognizes that this function currently 
resides within the DHS S&T. Just as the Committee believes a 
single entity should not be responsible for procurement and 
operational testing due to potential conflicts, the Committee 
also cautions DHS regarding any potential conflicts that could 
arise between the Directorate of Science and Technology's 
research and development mission and its OT&E function. The 
Committee expects the independent and objective nature of the 
Director of OT&E to be maintained, free from influence by 
either the procurement entity or the developmental entity.

Sec. 707.  Availability of testing facilities and equipment.

    Section 707 authorizes the Department of Homeland 
Security's Under Secretary of Science and Technology (S&T) to 
make available, for a fee, Federally owned testing facilities 
operated by the S&T Directorate for the testing of materials, 
equipment, models, computer software, and other items designed 
to advance homeland security. The Committee recognizes S&T has 
unique laboratory testing capabilities that the private sector 
can only access through established collaborative partnerships 
with the Government. In certain cases, vendors may not be able 
to test their systems to validate whether they meet DHS 
requirements or other applicable standards unless such 
expertise, material, and equipment are made available to them.
    The Committee believes S&T should provide the needed access 
and services through a fee-for-service approach, as long as 
such testing will not interfere with Federal Government mission 
requirements.

Sec. 708.  Bioforensics capabilities.

    Section 708 authorizes a bioforensics analysis center 
within the Department of Homeland Security's Science and 
Technology Directorate that supports law enforcement and 
intelligence-related investigations via bioforensics analysis. 
This mandate could be met by the National Bioforensics and 
Analysis Center (NBFAC). Such analysis is intended to support 
the executive agencies responsible for preventing, deterring, 
responding to, attributing and recovering from biological 
attacks. A detailee program is also authorized for the purposes 
of training and information sharing.
    The Committee supports funding a strong bioforensics 
capability that enables law enforcement to investigate and 
attribute attacks and respond appropriately. Section 708 
authorizes ongoing activities, but also requires that executive 
agencies pay for the forensic analysis and capability, 
exclusive of overhead, rather than having the Department bear 
all of the costs. The Committee expects that the implementation 
of a user fee-based system will cover the costs of running 
casework and foster greater oversight by the executive agencies 
that are NFBAC customers.

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

    Section 709 authorizes a fellowship program within the 
Department of Homeland Security's Science and Technology (S&T) 
Directorate that would place scientists within S&T and other 
components of the Department for up to two years. Program 
participants must be currently enrolled in or be graduates of 
post-graduate scientific or engineering programs. The Under 
Secretary of S&T is directed to coordinate with the Chief 
Security Officer of the Department to facilitate and expedite 
the provision of security clearances to fellows, as 
appropriate.
    The Committee notes that science and engineering challenges 
to homeland security are becoming increasingly complex. At the 
same time, the Committee is concerned that American students 
are falling behind in the essential subjects of math and 
science, putting our Nation's position in the global economy at 
further risk. The Committee believes a decline in levels of 
expertise in science and technology would have a detrimental 
impact on homeland security capabilities. DHS needs the best 
available scientific and technical information to develop best 
policies and practices.
    The Committee intends for this Fellows program to support 
placement, development, and advancement of American scientists 
and engineers within the field of homeland security. The 
Committee believes this program will provide a pipeline into 
the Department of scientists and engineers with cutting edge 
knowledge who can provide the Department with the most credible 
and objective scientific information upon which to base 
decisions.

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

    Section 710 extends the authority for a Homeland Security 
Science and Technology Advisory Committee within the Department 
of Homeland Security's Science and Technology (S&T) Directorate 
for seven years. Within S&T, the Advisory Committee make 
recommendations regarding R&D areas of potential importance to 
homeland security, as well provide input to S&T's strategic and 
5-year R&D plans. The Committee recognizes the Advisory 
Committee as a source of independent expert advice that should 
be utilized by the Under Secretary of S&T when considering new 
developments in systems engineering, cybersecurity, knowledge 
management and how best to leverage related technologies funded 
by other Federal agencies and by the private sector. The 
Committee also expects the Under Secretary to seek the Advisory 
Committee's input on policies, management processes, and 
organizational constructs to help optimize the functioning of 
the Directorate.

Sec. 711.  Federally funded research and development centers.

    Section 711 requires the Secretary of Homeland Security to 
ensure that the Department's conflict of interest policies 
address employees of Federally funded R&D centers who could 
materially influence research findings or agency decision-
making. This section also requires each of these centers to 
submit an annual report to the Department and to the Congress 
on activities conducted in support of the Department.

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

    Section 712 expands the criteria for colleges and 
universities to be designated as Department of Homeland 
Security Centers of Excellence to include: those with expertise 
in medical readiness training and research, community 
resiliency for public health, and healthcare critical 
infrastructure. Additionally, this section broadens the field 
of eligible expertise to include explosives detection.

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

    Section 713 provides the Department of Homeland Security's 
Science and Technology (S&T) Directorate with the authority to 
expedite hiring of personnel into positions that require 
advanced scientific degrees, but limited to 5 percent of the 
overall scientific workforce in S&T. Similar authority has been 
used successfully across government, including at: the 
Department of Defense, the Department of Health and Human 
Services, the National Institute of Standards and Technology, 
and within the Department of Homeland Security at the Domestic 
Nuclear Detection Office, to recruit and hire skilled personnel 
to mission-critical scientific and technology positions. The 
Committee is concerned that the vacancies in S&T have gone 
unfilled leaving the existing staff wearing multiple hats, 
impeding S&T's ability to achieve its mission. These positions 
are for scientific and technical experts who, despite the 
current climate, have job choices. The Committee believes the 
hiring authority provided in this section will allow S&T to 
compete more effectively with other scientifically oriented 
organizations to attract a skilled and high-quality workforce 
into these hard-to-fill positions.

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

    Section 714 directs the Secretary of Homeland Security to 
implement a test program that would evaluate the capabilities 
of commercially available chemical and biological detection 
equipment designed to detect high risk biological agents and 
toxins and chemical agents, and also facilitate accreditation 
of the laboratories used to test such equipment, standardize 
test and reporting protocols and procedures to be used by those 
laboratories under accredited under subparagraph and provide 
for cost-sharing of the testing with technology manufacturers. 
The results of the testing would be used to inform grant and 
procurement decisions. The Committee intends for the Science 
and Technology Directorate to focus resources on this type of 
testing and evaluation as rigorously as possible to determine 
the value of existing technologies. This program should be 
coordinated with the activities of the System Assessment and 
Validation for Emergency Responders (SAVER) program, and also 
with the Stakeholder Panel on Agent Detection Assays and other 
standards work.
    The Committee intends that test results are confidential 
and shall not be disclosed outside of the Federal Government 
without the consent of the persons or companies for whom the 
tests are performed.

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

    Section 715 directs the Department of Homeland Security's 
Under Secretary for Science and Technology, in conjunction with 
the U.S. Customs and Border Protection, to research and develop 
technologies that allow routine operation of medium-sized 
unmanned aerial vehicles, including autonomously piloted 
drones, within the National airspace for border and maritime 
security missions to improve security-related surveillance of 
the border. The section mandates the Department conduct a pilot 
project along the northern border to collect data to accelerate 
integration of medium-sized unmanned aircraft systems into the 
National Airspace System.

             Subtitle B--Domestic Nuclear Detection Office

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

    This section adds two new provisions to the Homeland 
Security Act of 2002 (Pub. L. 107-296):
            Sec. 1908.  Radiological and Nuclear Detection and 
                    Countermeasures Research, Development, Testing, and 
                    Evaluation.
          This provision reaffirms that the Director of the 
        Domestic Nuclear Detection Office (DNDO) has the 
        authority and responsibility for all radiological and 
        nuclear research, development, testing and evaluation 
        consistent with the authorities of the Department of 
        Homeland Security's Science and Technology Directorate 
        for non-radiological/nuclear activities. This section 
        requires the DNDO to identify, prioritize, and evaluate 
        its research and development activities. Congress 
        codified the DNDO in the SAFE Port Act of 2006 
        (Security and Accountability For Every Port Act of 
        2006; Pub. L. 109-347) as the single focal point in the 
        Department for all radiological and nuclear activities. 
        The Committee has supported the creation of DNDO based 
        on the catastrophic nature of radiological and nuclear 
        threats and the previously ineffective fragmented 
        approach of the Department in addressing these threats. 
        The Committee notes that these threats continue to 
        evolve and, thus, a concerted, unified effort to detect 
        and prevent a radiological or nuclear terrorist attack 
        against the U.S. should remain a priority of the 
        Department. Finally, this provision requires that the 
        DNDO utilize an appropriate iterative combination of 
        physical tests and computer modeling to provide an 
        analytical basis for assessing detector performance 
        when carrying out the development and testing of 
        radiological and nuclear detection systems, consistent 
        with a recommendation from the National Academies of 
        Science.
            Sec. 1909.  Awareness of the Global Nuclear Detection 
                    Architecture.
          This section requires the Director of the Domestic 
        Nuclear Detection Office to maintain situational 
        awareness of the Global Nuclear Detection Architecture 
        (GNDA) and clarifies that this ``awareness'' extends 
        beyond detection events and data to include 
        availability of equipment and trained personnel, types 
        of equipment, and relevant intelligence. The Committee 
        expects the integration of this information to yield a 
        more comprehensive picture of the GNDA from which gaps 
        can be more readily identified and addressed. This 
        section also requires the heads of agencies 
        participating in the GNDA to adopt consensus-based data 
        exchange standards for detection and communications 
        systems incorporated into the GNDA. The Committee 
        intends for standardized reporting formats to 
        facilitate information sharing across the participating 
        agencies.

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

    This section authorizes the Securing the Cities (STC) 
program to detect and prevent a radiological or nuclear attack 
in high-risk United States cities. The Director of the Domestic 
Nuclear Detection Office (DNDO) is also instructed to focus 
efforts on coordinating the development of surge capabilities 
for radiological and nuclear detection systems that can be 
deployed within the United States rapidly in response to 
intelligence or warnings. This includes support to State and 
local entities with equipment, training and exercises. The 
Committee has supported the Securing the Cities Initiative in a 
bipartisan manner since its inception. The detonation of an 
improvised nuclear device or a radiological dispersal device in 
a metropolitan area of the United States would have devastating 
consequences due to loss of life, destruction of property, and 
economic repercussions that ripple across the Nation. Recent 
events continue to demonstrate that New York City, New York, 
remains a top terrorist target. The Committee finds that STC 
has substantially increased preventive radiological and nuclear 
detection awareness and capabilities in the New York area and 
is an effective strategy for addressing the domestic layer of 
the Global Nuclear Detection Architecture.
    The Committee believes STC should be recognized as a 
National capability with sustained Federal funding. The 
Committee supports STC because this vital program has fostered 
unprecedented collaboration and coordination among its many 
Federal, State, and local partners. Law enforcement agencies in 
New York, New Jersey, and Connecticut have all benefited from 
this collaboration. The Committee believes the experience in 
New York City should be used as a template for expanding the 
program to other high-risk cities that are part of the Urban 
Area Security Initiative and that the program's record of 
success will yield benefits for the security of urban areas 
against radiological and other types of threats. The Committee 
commends DNDO for its development and oversight of this unified 
strategy. The Securing the Cities Initiative is the only DHS 
program dedicated specifically to reducing the risk of 
radiological and nuclear terrorism through targeted detection.
    The Committee also intends for DNDO to complement its STC 
work with the ability to surge Federal, State, and local 
radiological and nuclear detection capabilities in a 
coordinated fashion in response to suspected threats. The 
Committee believes the combination of both fixed and agile 
detection components into a flexible architecture is the most 
cost-effective, risk-based strategy for the domestic prevention 
of radiological and nuclear terrorism.

Sec. 723.  Radiation portal monitor alternatives.

    This section requires a report to the Committee on 
alternatives to the recently terminated Advanced Spectroscopic 
Portal (ASP) monitor program and the expected timeframes and 
costs to develop and deploy such alternatives. Despite the five 
years and millions of dollars lost to the ASP program, the 
Committee is pleased to see the Domestic Nuclear Detection 
Office (DNDO) reach a decision and articulate plans to move on 
from this beleaguered program and examine other technologies 
that have since matured since the ASP program was initiated. 
While the Committee encourages enhancements to the currently 
deployed portal monitors, as well as deployment of improved 
hand-held detectors, the Committee is concerned these 
capabilities are not the optimal, long-term solution and will 
not be as effective as a spectroscopic system. The Committee 
expects DNDO to pursue long-term solutions to minimize time-
consuming secondary inspections in order to determine whether a 
material is dangerous. Further, the Committee directs DNDO to 
learn from the ASP experience and utilize a robust and reliable 
testing regimen to evaluate performance of any future systems.

Sec. 724.  Contracting and grantmaking authorities.

    This section expands the Secretary's ability to enter into 
grants, contracts, cooperative agreements, and other 
transactions for purposes beyond radiological and nuclear 
research, development, testing, and evaluation (RDT&E). Section 
1806 of the SAFE Port Act (Pub. L. 109-347; 6 U.S.C. 596), 
Contracting and Grant Making Authorities, provides the Domestic 
Nuclear Detection Office (DNDO) with the authority to enter 
into these types of arrangements when carrying out its RDT&E 
responsibilities, specifically, under paragraphs (6) and (7) of 
section 1802. The Committee recognizes that the DNDO has other 
mission-related activities such as maintaining the global 
nuclear detection architecture and conducting exercises and 
training. The Committee believes the DNDO contracting and 
grant-making authorities should not be narrowly construed to 
limit the types of assistance the DNDO may provide to State, 
local, and tribal governments, and the private sector to 
enhance and coordinate their nuclear detection efforts. This 
section thus broadens the DNDO's assistance authority to apply 
to the DNDO's entire mission, without limiting it to RDT&E, 
which the Committee expects will better position the DNDO to 
achieve its mission-related goals in partnership with its 
stakeholders.

Sec. 725.  Domestic nuclear detection implementation plan.

    This section calls for a five-year plan of investments 
necessary to implement the Department of Homeland Security's 
responsibilities under the domestic component of the Global 
Nuclear Detection Architecture (GNDA). Under the SAFE Port Act 
(Security and Accountability For Every Port Act of 2006; Pub. 
L. 109-347), the Domestic Nuclear Detection Office (DNDO) was 
given the responsibility to implement the domestic portion of 
the GNDA. The Committee commends the DNDO for the long-awaited 
delivery of the GNDA Strategic Plan in December 2010 and the 
subsequent improvements made to the GNDA Joint Annual 
Interagency Review 2011. However, the Committee is concerned 
that neither the strategic plan nor the annual report addressed 
key elements needed to guide development and implementation of 
the GNDA. For example, neither document identified the funding 
needed to achieve the GNDA's objectives or metrics or 
monitoring mechanisms to determine programmatic progress and 
identify needed improvements. The Committee intends for the 
Implementation Plan called for in this section to address these 
missing elements and outline programs, technologies, execution, 
and timelines in greater detail with respect to Department-wide 
activities in support of the domestic portion of the GNDA. The 
Committee expects other Departments who are partners in the 
GNDA to follow suit and also develop implementation plans for 
their respective responsibilities under the GNDA.

Sec. 726.  Science and technology fellows program outreach.

    Section 726 requires the Secretary of Homeland Security to 
provide outreach to institutes of higher education to enhance 
awareness and increase participation of qualified individuals 
in the Fellows program authorized in section 709. The Committee 
recognizes the Science and Technology Directorate has existing 
mechanisms to conduct such outreach and encourages the 
Department to maximize use of these mechanisms to satisfy this 
requirement.

Sec. 727.  Buy American requirement for information technology.

    Section 727 requires the Department of Homeland Security to 
procure only information technology products only from U.S.-
owned corporations, unless the Secretary provides notice to the 
Committee of any purchase from a non-U.S. company, together 
with a certification that no comparable product was available 
from a U.S. owned corporations.

Sec. 728.  University-based centers.

    This section authorizes $36,600,000 for the university-
based centers program for Fiscal Year 2012, equal to the Fiscal 
Year 2011 appropriated amount.

Sec. 729.  Review of university-based centers.

    Section 729 requires the Comptroller General of the United 
States (CG) to initiate, not later than 120 days after 
enactment, a study of the university-based centers for homeland 
security program and provide recommendations for improvements. 
Topics to be addressed by the CG include: the method of tasking 
university centers (compared to the method by which the 
Department of Homeland Security tasks federally funded research 
and development centers and National Laboratories); key areas 
of study for centers; the selection criteria for designating 
centers; optimal organization and role of the centers; and 
metrics for measuring center successes.
    This section places a moratorium on the creation of new 
university-based centers until completion of this CG review. 
The Committee has a strong interest in realizing more effective 
utilization of the institutions that participate in the 
university-based centers program by the Science and Technology 
Directorate (S&T) to meet homeland security needs. The 
Committee is concerned that S&T still has not maximized the 
potential of the Centers of Excellence as a resource that 
should be more closely linked and responsive to S&T's 
customers. The Committee intends, upon review of the findings 
of this study, to work with S&T to put the program on a path to 
realizing its full potential.

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

Sec. 801.  Short title.

    Title VIII may be referred to as the ``See Something, Say 
Something Act of 2011.''

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

    Section 802 provides immunity from lawsuits to individuals 
who, acting in good faith, report terrorist threats to law 
enforcement. The need for this protection was realized in 2007 
after six Imams who were removed from a U.S. Airways flight 
filed lawsuits against passengers who reported the Imams' 
suspicious behavior. Congress responded to those lawsuits in 
the Implementing Recommendations of the 9/11 Commission Act of 
2007 (Pub. L. 110-53), which included an immunity provision 
that was limited in its scope to reports pertaining to 
transportation systems. Recognizing that terrorist threats 
exist well beyond the transportation sector, Section 801 
extends the scope of immunity to cover all `good faith' 
reporting related to terrorist activity. Notably, the 
Department of Homeland Security regularly promotes its `See 
Something, Say Something' awareness campaign throughout the 
Nation to encourage individuals to report suspicious behavior. 
The Committee believes that the next logical step is to protect 
those citizens who show continued vigilance and report 
suspicious activity.

                        TITLE IX--MISCELLANEOUS

Sec. 901.  Redesignation and movement of miscellaneous provisions.

    This section reorganizes the structure of the Homeland 
Security Act of 2002 (Pub. L. 107-296) to provide a section for 
miscellaneous provisions.

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

    Section 902 directs the Secretary of Homeland Security to 
provide guidance to local educational and school districts that 
are at a high risk of terrorism, natural disasters, and public 
health emergencies.

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

    Section 903 requires the Secretary of Homeland Security to 
make Federal law enforcement training opportunities available 
to local law enforcement entities whose responsibilities 
include security at a port facility.

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

    Section 904 requires the Secretary of Homeland Security to 
enter into an agreement with the Administrator of the 
Environmental Protection Agency (EPA) to develop a plan to 
address security gaps at drinking water and wastewater 
treatment facilities and to provide guidance and technical 
assistance. The Committee recognizes that the water sector is 
prioritized among the Nation's critical infrastructures--so 
vital that damage to, or destruction of, drinking water or 
wastewater treatment utilities could have a debilitating effect 
on homeland security and public health. The Department of 
Homeland Security's (DHS) engagement with the water sector has 
grown along with its responsibilities to secure the Nation's 
critical infrastructure under Homeland Security Presidential 
Directive-7. Nevertheless, the EPA remains the lead Federal 
agency for the protection of drinking water and wastewater 
utility systems. However, with respect to chemical security, 
neither DHS nor the EPA has the sole authority to mandate 
security standards such as the Chemical Facility Anti-Terrorism 
Standards (CFATS) for the protection of the water sector. 
Through the continued examination of chemical security gaps, 
including those at drinking water and wastewater treatment 
facilities, the Committee aims to identify solutions that 
improve security and minimize risks to homeland security, 
public health, and the economy, while reducing duplication and 
regulatory burdens. The Committee intends to examine the plan 
that is required by this section to determine whether it meets 
these criteria.

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

    Section 905 directs the Secretary of Homeland Security to 
provide guidance and coordinate planning for performing 
outreach to persons with disabilities during emergencies--
including terrorist attacks, public health emergencies and 
natural disasters.

Sec. 906.  TWIC process reform.

    Section 906 directs the Secretary of Homeland Security to 
reform the process for enrollment, activation, issuance and 
renewal of the Transportation Worker Identification Credential 
(TWIC) so that in order to receive a TWIC, a person shall be 
required to conduct one in-person visit to a TWIC enrollment 
center, unless there are extenuating circumstances. The 
Secretary is further directed to ensure that the costs for this 
process reform shall only be borne by those TWIC applicants who 
chose to visit a TWIC enrollment center once. Thus the cost for 
a TWIC for an applicant who chooses to visit a TWIC enrollment 
twice, as is currently done, shall not change as a result of 
this process reform.

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

    Section 907 requires the Secretary of Homeland Security to 
issue a report that details the Transportation Security 
Administration's progress in conducting security vulnerability 
assessments at U.S. airports, in accordance with National 
Infrastructure Protection Plan requirements. The report shall 
include TSA's plans for having 100 percent of U.S. airports 
assessed, and shall include detail on airport perimeter 
security.

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

    Section 908 clarifies a crucial provision being developed 
by the Department of Homeland Security for the ammonium nitrate 
regulations mandated by Subtitle J of the Homeland Security Act 
of 2002 (Pub. L. 107-296; 6 U.S.C. 488). Section 908 specifies 
that the regulations shall apply to instances involving the 
transfer of ownership of ammonium nitrate, but not simply to 
taking possession, unless that transfer is to any that provides 
application services. Section 908 exempts from the regulations 
any transportation provider who is already subject to a 
security program that the Secretary determines to be 
sufficient. The Committee is concerned that the Department 
could overreach the Committee's intent if it were to regulate a 
broader community and regulate the entire chain of custody of 
ammonium nitrate. Instead, the Committee intended to regulate 
transactions of ammonium nitrate at the point of sale where it 
is most vulnerable to misappropriation by potential terrorists.
    The Committee recognizes that alternative regulations and 
security programs often exist to address additional portions of 
the supply chain, such as transportation. Thus, the Committee 
believes that broader regulations could result in duplicative 
programs that are unnecessarily burdensome and costly. In 
developing the final rule, Committee urges the Department to 
examine approaches that would narrow the scope of the 
regulations and would not impose security requirements on 
stakeholders that will yield no additional security benefit.

Sec. 909.  Sense of Congress on inclusion of the Western Hemisphere in 
        the 2012 National Strategy for Counterterrorism's ``Area of 
        Focus''.

    This section includes the Sense of Congress to include the 
Western Hemisphere in the 2012 National Strategy for 
Counterterrorism's ``Area of Focus''.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
     * * * * * * *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
                          Access to Information

     * * * * * * *
[Sec. 210A. Department of Homeland Security State, Local, and Regional 
          Information Fusion Center Initiative.]
Sec. 210A. Department of Homeland Security National Network of Fusion 
          Centers Initiative.
     * * * * * * *
Sec. 210G. Memorandum of understanding on fusion centers.

    TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

     * * * * * * *
[Sec. 316. National Biosurveillance Integration Center.]
     * * * * * * *
Sec. 318. Strategic plan.
Sec. 319. 5-year research and development plan.
Sec. 320. Identification and prioritization of research and development 
          requirements.
Sec. 321. Monitoring progress.
Sec. 322. Availability of testing facilities and equipment.
Sec. 323. Bioforensics capabilities.
Sec. 324. Homeland Security Science and Technology Fellows Program.

       TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

     * * * * * * *

                  Subtitle C--Miscellaneous Provisions

     * * * * * * *
[Sec. 430. Office for Domestic Preparedness.]
     * * * * * * *

              Subtitle D--Immigration Enforcement Functions

     * * * * * * *
[Sec. 442. Establishment of Bureau of Border Security.]
Sec. 442. Establishment of Immigration and Customs Enforcement.
     * * * * * * *

                 TITLE V--NATIONAL EMERGENCY MANAGEMENT

     * * * * * * *
Sec. 526. Special emergency procurement authority for domestic emergency 
          operations.
Sec. 527. Individual and community preparedness.
Sec. 528. Communications planning.
Sec. 529. Metropolitan Medical Response System Program.
Sec. 530. National integrated public alert and warning system 
          modernization.

   [TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED 
    FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS

[Sec. 601. Treatment of charitable trusts for members of the Armed 
          Forces of the United States and other governmental 
          organizations.]

         TITLE VI--POLICY, PLANNING, AND OPERATIONS COORDINATION

Sec. 601. Under Secretary for Policy.
Sec. 602. Direct line authority for Chief Operating Officers.
Sec. 603. Office of Policy.

                          TITLE VII--MANAGEMENT

     * * * * * * *
[Sec. 707. Quadrennial Homeland Security Review.]
Sec. 707. Quadrennial homeland security review.
Sec. 708. Department acquisitions and procurement review.
Sec. 709. Capabilities and Requirements Council.
Sec. 710. Acquisition Professional Career Program.
Sec. 711. Notification to Congress of major procurement awards.
Sec. 712. Independent verification and validation.
Sec. 713. Operational test and evaluation.
Sec. 714. Strategic sourcing for marine and aviation assets.
Sec. 715. Strategic sourcing for detection and screening technology.

 TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
      UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

     * * * * * * *

                 Subtitle E--Human Resources Management

     * * * * * * *
Sec. 846. Authority to establish excepted service positions within the 
          intelligence components of the Department of Homeland 
          Security.
Sec. 847. Authority for flexible personnel management at the Science and 
          Technology Directorate.
     * * * * * * *

                  [Subtitle H--Miscellaneous Provisions

[Sec. 871. Advisory committees.
[Sec. 872. Reorganization.
[Sec. 873. Use of appropriated funds.
[Sec. 874. Future Year Homeland Security Program.
[Sec. 875. Miscellaneous authorities.
[Sec. 876. Military activities.
[Sec. 877. Regulatory authority and preemption.
[Sec. 878. Counternarcotics officer.
[Sec. 879. Office of International Affairs.
[Sec. 880. Prohibition of the Terrorism Information and Prevention 
          System.
[Sec. 881. Review of pay and benefit plans.
[Sec. 882. Office for National Capital Region Coordination.
[Sec. 883. Requirement to comply with laws protecting equal employment 
          opportunity and providing whistleblower protections.
[Sec. 884. Federal Law Enforcement Training Center.
[Sec. 885. Joint Interagency Task Force.
[Sec. 886. Sense of Congress reaffirming the continued importance and 
          applicability of the Posse Comitatus Act.
[Sec. 887. Coordination with the Department of Health and Human Services 
          under the Public Health Service Act.
[Sec. 888. Preserving Coast Guard mission performance.
[Sec. 889. Homeland security funding analysis in President's budget.
[Sec. 890. Air Transportation Safety and System Stabilization Act.]
     * * * * * * *

                  TITLE XVIII--EMERGENCY COMMUNICATIONS

     * * * * * * *
Sec. 1811. Memorandum of understanding on emergency communications.

              TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

     * * * * * * *
Sec. 1908. Radiological and nuclear detection and countermeasures 
          research, development, testing, and evaluation.
Sec. 1909. Awareness of the Global Nuclear Detection Architecture.
Sec. 1910. Domestic implementation of the global nuclear detection 
          architecture.

                   TITLE XX--HOMELAND SECURITY GRANTS

     * * * * * * *

                    Subtitle B--Grants Administration

Sec. 2021. Administration and coordination.
     * * * * * * *
Sec. 2024. Transparency in homeland security grant funding.
     * * * * * * *

                 TITLE XXI--WEAPONS OF MASS DESTRUCTION

Sec. 2101. Biodefense strategy.
Sec. 2102. Submissions to Congress.
Sec. 2103. Weapons of mass destruction intelligence and information 
          sharing.
Sec. 2104. Risk assessments.
Sec. 2105. Detection of biological attacks.
Sec. 2106. Rapid biological threat detection and identification at ports 
          of entry.
Sec. 2107. Plume modeling.
Sec. 2108. Identifying and addressing gaps in recovery capabilities.
Sec. 2109. Recovery from chemical, biological, radiological, and nuclear 
          attacks or incidents.
Sec. 2110. Exercises.
Sec. 2111. Rural resilience initiative.

                  TITLE XXIII--MISCELLANEOUS PROVISIONS

Sec. 2301. Advisory committees.
Sec. 2302. Reorganization.
Sec. 2303. Use of appropriated funds.
Sec. 2304. Future-years homeland security program.
Sec. 2305. Miscellaneous authorities.
Sec. 2306. Military activities.
Sec. 2307. Regulatory authority and preemption.
Sec. 2308. Office of Counternarcotics Enforcement.
Sec. 2309. Office of International Affairs.
Sec. 2310. Prohibition of the Terrorism Information and Prevention 
          System.
Sec. 2311. Review of pay and benefit plans.
Sec. 2312. Office for National Capital Region Coordination.
Sec. 2313. Requirement to comply with laws protecting equal employment 
          opportunity and providing whistleblower protections.
Sec. 2314. Federal Law Enforcement Training Center.
Sec. 2315. Joint Interagency Task Force.
Sec. 2316. Sense of Congress reaffirming the continued importance and 
          applicability of the Posse Comitatus Act.
Sec. 2317. Coordination with the Department of Health and Human Services 
          under the Public Health Service Act.
Sec. 2318. Preserving Coast Guard mission performance.
Sec. 2319. Treatment of charitable trusts for members of the Armed 
          Forces of the United States and other governmental 
          organizations.
Sec. 2320. Buy American requirement; exceptions.
Sec. 2321. Immunity for reports of suspected terrorist activity or 
          suspicious behavior and response.

           *       *       *       *       *       *       *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
Access to Information

           *       *       *       *       *       *       *

[SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL 
                    FUSION CENTER INITIATIVE.]

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

  (a) Establishment.--The Secretary, in consultation with the 
program manager of the information sharing environment 
established under section 1016 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney 
General, the Privacy Officer of the Department, the Officer for 
Civil Rights and Civil Liberties of the Department, and the 
Privacy and Civil Liberties Oversight Board established under 
section 1061 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish [a 
Department of Homeland Security State, Local, and Regional 
Fusion Center Initiative to establish partnerships with State, 
local, and regional fusion centers] a Department of Homeland 
Security National Network of Fusion Centers Initiative to 
establish partnerships with State and major urban area fusion 
centers.
  [(b) Department Support and Coordination.--Through the 
Department of Homeland Security State, Local, and Regional 
Fusion Center Initiative, and in coordination with the 
principal officials of participating State, local, or regional 
fusion centers and the officers designated as the Homeland 
Security Advisors of the States, the Secretary shall--
          [(1) provide operational and intelligence advice and 
        assistance to State, local, and regional fusion 
        centers;
          [(2) support efforts to include State, local, and 
        regional fusion centers into efforts to establish an 
        information sharing environment;
          [(3) conduct tabletop and live training exercises to 
        regularly assess the capability of individual and 
        regional networks of State, local, and regional fusion 
        centers to integrate the efforts of such networks with 
        the efforts of the Department;
          [(4) coordinate with other relevant Federal entities 
        engaged in homeland security-related activities;
          [(5) provide analytic and reporting advice and 
        assistance to State, local, and regional fusion 
        centers;
          [(6) review information within the scope of the 
        information sharing environment, including homeland 
        security information, terrorism information, and 
        weapons of mass destruction information, that is 
        gathered by State, local, and regional fusion centers, 
        and to incorporate such information, as appropriate, 
        into the Department's own such information;
          [(7) provide management assistance to State, local, 
        and regional fusion centers;
          [(8) serve as a point of contact to ensure the 
        dissemination of information within the scope of the 
        information sharing environment, including homeland 
        security information, terrorism information, and 
        weapons of mass destruction information;
          [(9) facilitate close communication and coordination 
        between State, local, and regional fusion centers and 
        the Department;
          [(10) provide State, local, and regional fusion 
        centers with expertise on Department resources and 
        operations;
          [(11) provide training to State, local, and regional 
        fusion centers and encourage such fusion centers to 
        participate in terrorism threat-related exercises 
        conducted by the Department; and
          [(12) carry out such other duties as the Secretary 
        determines are appropriate.]
  (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--
          (1) coordinate with other Federal departments and 
        agencies to provide operational and intelligence advice 
        and assistance to the National Network of Fusion 
        Centers;
          (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;
          (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;
          (4) reduce inefficiencies and maximize the 
        effectiveness of Federal resource support;
          (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;
          (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;
          (7) provide management guidance and assistance to the 
        National Network of Fusion Centers;
          (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;
          (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;
          (10) provide the National Network of Fusion Centers 
        with expertise on Department resources and operations;
          (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;
          (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;
          (13) ensure that each fusion center in such network 
        has a privacy policy approved by the Chief Privacy 
        Officer of the Department; and
          (14) carry out such other duties as the Secretary 
        determines are appropriate.
  [(c) Personnel Assignment.--
          [(1) In general.--The Under Secretary for 
        Intelligence and Analysis shall, to the maximum extent 
        practicable, assign officers and intelligence analysts 
        from components of the Department to participating 
        State, local, and regional fusion centers.
          [(2) Personnel sources.--Officers and intelligence 
        analysts assigned to participating fusion centers under 
        this subsection may be assigned from the following 
        Department components, in coordination with the 
        respective component head and in consultation with the 
        principal officials of participating fusion centers:
                  [(A) Office of Intelligence and Analysis.
                  [(B) Office of Infrastructure Protection.
                  [(C) Transportation Security Administration.
                  [(D) United States Customs and Border 
                Protection.
                  [(E) United States Immigration and Customs 
                Enforcement.
                  [(F) United States Coast Guard.
                  [(G) Other components of the Department, as 
                determined by the Secretary.
          [(3) Qualifying criteria.--
                  [(A) In general.--The Secretary shall develop 
                qualifying criteria for a fusion center to 
                participate in the assigning of Department 
                officers or intelligence analysts under this 
                section.]
  (c) Resource Allocation.--
          (1) Responsibilities of under secretary.--
                  (A) In general.--The Under Secretary for 
                Intelligence and Analysis shall--
                          (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
                          (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.
                  (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.
          (2) Sources of support.--
                  (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:
                          (i) The Office of Intelligence and 
                        Analysis.
                          (ii) The Office of Infrastructure 
                        Protection.
                          (iii) The Transportation Security 
                        Administration.
                          (iv) U.S. Customs and Border 
                        Protection.
                          (v) U.S. Immigration and Customs 
                        Enforcement.
                          (vi) The Coast Guard.
                          (vii) The Privacy Office of the 
                        Department.
                          (viii) The Office for Civil Rights 
                        and Civil Liberties of the Department.
                          (ix) Other components or offices of 
                        the Department, as determined by the 
                        Secretary.
                  (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.
          (3) Resource allocation criteria.--
                  (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.
                  (B) Criteria.--Any criteria developed under 
                subparagraph (A) may include--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iv) whether the fusion center is 
                        adequately funded by the State, local, 
                        or regional government to support its 
                        counterterrorism mission; [and]
                          (v) the relevancy of the mission of 
                        the fusion center to the particular 
                        source component of Department officers 
                        or intelligence analysts[.]; and
                          (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.

           *       *       *       *       *       *       *

  (e) Border Intelligence Priority.--
          [(1) In general.--The Secretary shall make it a 
        priority to assign officers and intelligence analysts 
        under this section from United States Customs and 
        Border Protection, United States Immigration and 
        Customs Enforcement, and the Coast Guard to 
        participating State, local, and regional 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.]
          (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.
          (2) Border intelligence products.--When performing 
        the responsibilities described in subsection (d), 
        officers and intelligence analysts assigned to 
        [participating State, local, and regional fusion 
        centers] participating State and major urban area 
        fusion centers under this section shall have, as a 
        primary responsibility, the creation of border 
        intelligence products that--
                  (A) * * *

           *       *       *       *       *       *       *

  (f) Mass Transit Intelligence Priority.--
          (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.
          (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--
                  (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;
                  (B) promote consistent and timely sharing of 
                mass transit security-relevant information 
                among jurisdictions with mass transit systems; 
                and
                  (C) enhance the Department's situational 
                awareness of the threat of acts of terrorism at 
                or involving mass transit systems.
          (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.
  [(f)] (g) Database Access.--In order to fulfill the 
objectives described under subsection (d), each officer or 
intelligence analyst assigned to a fusion center under this 
section shall have appropriate access to all relevant Federal 
databases and information systems, consistent with any 
policies, guidelines, procedures, instructions, or standards 
established by the President or, as appropriate, the program 
manager of the information sharing environment for the 
implementation and management of that environment.
  [(g)] (h) Consumer Feedback.--
          (1) * * *

           *       *       *       *       *       *       *

  [(h)] (i) Rule of Construction.--
          (1) * * *

           *       *       *       *       *       *       *

  [(i) Guidelines.--The Secretary, in consultation with the 
Attorney General, shall establish guidelines for fusion centers 
created and operated by State and local governments, to include 
standards that any such fusion center shall--
          [(1) collaboratively develop a mission statement, 
        identify expectations and goals, measure performance, 
        and determine effectiveness for that fusion center;
          [(2) create a representative governance structure 
        that includes law enforcement officers and other 
        emergency response providers and, as appropriate, the 
        private sector;
          [(3) create a collaborative environment for the 
        sharing of intelligence and information among Federal, 
        State, local, and tribal government agencies (including 
        law enforcement officers and other emergency response 
        providers), the private sector, and the public, 
        consistent with any policies, guidelines, procedures, 
        instructions, or standards established by the President 
        or, as appropriate, the program manager of the 
        information sharing environment;
          [(4) leverage the databases, systems, and networks 
        available from public and private sector entities, in 
        accordance with all applicable laws, to maximize 
        information sharing;
          [(5) develop, publish, and adhere to a privacy and 
        civil liberties policy consistent with Federal, State, 
        and local law;
          [(6) provide, in coordination with the Privacy 
        Officer of the Department and the Officer for Civil 
        Rights and Civil Liberties of the Department, 
        appropriate privacy and civil liberties training for 
        all State, local, tribal, and private sector 
        representatives at the fusion center;
          [(7) ensure appropriate security measures are in 
        place for the facility, data, and personnel;
          [(8) select and train personnel based on the needs, 
        mission, goals, and functions of that fusion center;
          [(9) offer a variety of intelligence and information 
        services and products to recipients of fusion center 
        intelligence and information; and
          [(10) incorporate law enforcement officers, other 
        emergency response providers, and, as appropriate, the 
        private sector, into all relevant phases of the 
        intelligence and fusion process, consistent with the 
        mission statement developed under paragraph (1), either 
        through full time representatives or liaison 
        relationships with the fusion center to enable the 
        receipt and sharing of information and intelligence.]
  (j) Guidelines.--The Secretary, in consultation with the 
Attorney General, shall--
          (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
          (2) ensure that such guidance aligns with and is 
        mutually supportive of the role of fusion centers in 
        the National Prevention Framework.
  [(j)] (k) Definitions.--In this section--
          (1) * * *

           *       *       *       *       *       *       *

  [(k)] (l) Authorization of Appropriations.--There is 
authorized to be appropriated $10,000,000 for each of fiscal 
years 2008 through 2012, to carry out this section, except for 
[subsection (i)] subsection (j), including for hiring officers 
and intelligence analysts to replace officers and intelligence 
analysts who are assigned to fusion centers under this section.

           *       *       *       *       *       *       *

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.

           *       *       *       *       *       *       *

TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *

SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR 
                    SCIENCE AND TECHNOLOGY.

  The Secretary, acting through the Under Secretary for Science 
and Technology, shall have the responsibility for--
          (1) * * *

           *       *       *       *       *       *       *

          (13) coordinating with other appropriate executive 
        agencies in developing and carrying out the science and 
        technology agenda of the Department to reduce 
        duplication and identify unmet needs; [and]
          (14) developing and overseeing the administration of 
        guidelines for merit review of research and development 
        projects throughout the Department, and for the 
        dissemination of research conducted or sponsored by the 
        Department[.]; and
          (15) providing science-based, analytic capability and 
        capacity across the Department to--
                  (A) support technological assessments of 
                major acquisition programs throughout the 
                acquisition lifecycle;
                  (B) help define appropriate technological 
                requirements and perform feasibility analysis;
                  (C) assist in evaluating new and emerging 
                technologies against capability gaps;
                  (D) support evaluation of alternatives; and
                  (E) improve the use of technology 
                Departmentwide.

           *       *       *       *       *       *       *

SEC. 305. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

   (a) Establishment.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall have the authority 
to establish or contract with 1 or more federally funded 
research and development centers to provide independent 
analysis of homeland security issues, or to carry out other 
responsibilities under this Act, including coordinating and 
integrating both the extramural and intramural programs 
described in section 308.
  (b) Conflicts of Interest.--The Secretary shall review and 
revise, as appropriate, the policies of the Department relating 
to personnel conflicts of interest to ensure that such policies 
specifically address employees of federally funded research and 
development centers established under this section who are in a 
position to make or materially influence research findings or 
agency decisionmaking.
  (c) Annual Reports.--Each federally funded research and 
development center established under this section shall 
transmit to the Secretary and appropriate congressional 
committees an annual report describing the activities of the 
center in support of the Department.

           *       *       *       *       *       *       *

SEC. 308. CONDUCT OF RESEARCH, DEVELOPMENT, DEMONSTRATION, TESTING AND 
                    EVALUATION.

  (a) * * *
  (b) Extramural Programs.--
          (1) * * *
          (2) University-based centers for homeland security.--
                  (A) * * *
                  (B) Criteria for designation.--Criteria for 
                the designation of colleges or universities as 
                a center for homeland security, shall include, 
                but are not limited to, demonstrated expertise 
                [in--] in one or more of the following:
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) Emergency and diagnostic 
                        medical services, including medical 
                        readiness training and research, and 
                        community resiliency for public health 
                        and healthcare critical infrastructure.
                          (iv) Chemical, biological, 
                        radiological, [and nuclear] nuclear, 
                        and explosive countermeasures or 
                        detection.

           *       *       *       *       *       *       *

  (d) Technology Readiness Assessment Process.--
          (1) In general.--The Under Secretary for Science and 
        Technology shall establish a formal, systematic, 
        metrics-based process to comprehensively evaluate 
        technology maturity and reduce technical risks, that 
        includes--
                  (A) an independent assessment of the 
                performance, maturity, suitability, and 
                supportability of a technology and associated 
                risks;
                  (B) technology readiness evaluations to 
                establish technology readiness levels as a 
                measure of the maturity of the technology; and
                  (C) provision of a report containing the 
                findings and conclusions of each assessment 
                conducted under the process provided, to the 
                appropriate customers and personnel of the 
                Department.
          (2) Application.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the process shall be applied 
                to--
                          (i) technology developed by the 
                        Directorate; and
                          (ii) technology being procured or 
                        considered by any component of the 
                        Department as part of a major 
                        acquisition program.
                  (B) Limitation.--The Under Secretary shall 
                not apply the process to--
                          (i) radiological or nuclear detection 
                        and countermeasure technologies 
                        developed or procured by the 
                        Department; and
                          (ii) procurement of information 
                        technology.
  (e) Test and Evaluation Program for Commercially Available 
Chemical and Biological Detection Equipment.--
          (1) In general.--The Secretary shall implement a test 
        and evaluation program for commercially available 
        chemical and biological detection equipment.
          (2) Functions.--The program established under 
        paragraph (1) shall--
                  (A) evaluate, against national consensus 
                standards and homeland security specific 
                technical capability standards or performance 
                metrics adopted by the Department to the 
                greatest extent practicable, the capability of 
                commercially available chemical and biological 
                detection equipment to detect high risk 
                biological agents and toxins and chemical 
                agents and meet homeland security mission 
                requirements;
                  (B) facilitate the accreditation or 
                Department acceptance of laboratories to be 
                used for the testing and evaluation under 
                subparagraph (A);
                  (C) standardize test and reporting protocols 
                and procedures to be used by the laboratories 
                under accredited under subparagraph (B);
                  (D) provide for cost-sharing with technology 
                manufacturers whereby manufacturers may pay for 
                the testing and evaluation under subparagraph 
                (A) by the laboratories accredited under 
                subparagraph (B);
                  (E) inform and enable expedited consideration 
                of compliant technology for designation or 
                certification under subtitle G of title VIII;
                  (F) inform Federal, State, local, tribal, and 
                territorial government procurement and grant 
                decisions, including detection equipment placed 
                on the authorized equipment list; and
                  (G) provide, with permission from the 
                manufacturer, results of the testing and 
                evaluation under subparagraph (A) and 
                operationally relevant technical information on 
                detection equipment to Department components, 
                and other Federal, State, local, tribal, and 
                territorial governments and first responders, 
                including unclassified information through the 
                Responder Knowledge Base.

           *       *       *       *       *       *       *

SEC. 311. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.

  [(a) Establishment.--There is established within the 
Department a Homeland Security Science and Technology Advisory 
Committee (in this section referred to as the ``Advisory 
Committee''). The Advisory Committee shall make recommendations 
with respect to the activities of the Under Secretary for 
Science and Technology, including identifying research areas of 
potential importance to the security of the Nation.]
  (a) Establishment.--There is established within the 
Directorate of Science and Technology a Science and Technology 
Advisory Committee (in this section referred to as the 
``Advisory Committee''). The Advisory Committee shall meet no 
fewer than 2 times each year and make recommendations with 
respect to the activities of the Under Secretary for Science 
and Technology, including--
          (1) identifying research and development areas of 
        potential importance to the security of the Nation; and
          (2) providing advice in developing and updating the 
        strategic plan under section 318 and the 5-year 
        homeland security research and development plan under 
        section 319.

           *       *       *       *       *       *       *

  (j) Termination.--The Department of Homeland Security Science 
and Technology Advisory Committee shall terminate on [December 
31, 2008] 7 years after the date of enactment of the Department 
of Homeland Security Authorization Act for Fiscal Year 2012.

           *       *       *       *       *       *       *

[SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

  [(a) Establishment.--The Secretary shall establish, operate, 
and maintain a National Biosurveillance Integration Center 
(referred to in this section as the ``NBIC''), which shall be 
headed by a Directing Officer, under an office or directorate 
of the Department that is in existence as of the date of the 
enactment of this section.
  [(b) Primary Mission.--The primary mission of the NBIC is 
to--
          [(1) enhance the capability of the Federal Government 
        to--
                  [(A) rapidly identify, characterize, 
                localize, and track a biological event of 
                national concern by integrating and analyzing 
                data relating to human health, animal, plant, 
                food, and environmental monitoring systems 
                (both national and international); and
                  [(B) disseminate alerts and other information 
                to Member Agencies and, in coordination with 
                (and where possible through) Member Agencies, 
                to agencies of State, local, and tribal 
                governments, as appropriate, to enhance the 
                ability of such agencies to respond to a 
                biological event of national concern; and
          [(2) oversee development and operation of the 
        National Biosurveillance Integration System.
  [(c) Requirements.--The NBIC shall detect, as early as 
possible, a biological event of national concern that presents 
a risk to the United States or the infrastructure or key assets 
of the United States, including by--
          [(1) consolidating data from all relevant 
        surveillance systems maintained by Member Agencies to 
        detect biological events of national concern across 
        human, animal, and plant species;
          [(2) seeking private sources of surveillance, both 
        foreign and domestic, when such sources would enhance 
        coverage of critical surveillance gaps;
          [(3) using an information technology system that uses 
        the best available statistical and other analytical 
        tools to identify and characterize biological events of 
        national concern in as close to real-time as is 
        practicable;
          [(4) providing the infrastructure for such 
        integration, including information technology systems 
        and space, and support for personnel from Member 
        Agencies with sufficient expertise to enable analysis 
        and interpretation of data;
          [(5) working with Member Agencies to create 
        information technology systems that use the minimum 
        amount of patient data necessary and consider patient 
        confidentiality and privacy issues at all stages of 
        development and apprise the Privacy Officer of such 
        efforts; and
          [(6) alerting Member Agencies and, in coordination 
        with (and where possible through) Member Agencies, 
        public health agencies of State, local, and tribal 
        governments regarding any incident that could develop 
        into a biological event of national concern.
  [(d) Responsibilities of the Directing Officer of the NBIC.--
          [(1) In general.--The Directing Officer of the NBIC 
        shall--
                  [(A) on an ongoing basis, monitor the 
                availability and appropriateness of 
                surveillance systems used by the NBIC and those 
                systems that could enhance biological 
                situational awareness or the overall 
                performance of the NBIC;
                  [(B) on an ongoing basis, review and seek to 
                improve the statistical and other analytical 
                methods used by the NBIC;
                  [(C) receive and consider other relevant 
                homeland security information, as appropriate; 
                and
                  [(D) provide technical assistance, as 
                appropriate, to all Federal, regional, State, 
                local, and tribal government entities and 
                private sector entities that contribute data 
                relevant to the operation of the NBIC.
          [(2) Assessments.--The Directing Officer of the NBIC 
        shall--
                  [(A) on an ongoing basis, evaluate available 
                data for evidence of a biological event of 
                national concern; and
                  [(B) integrate homeland security information 
                with NBIC data to provide overall situational 
                awareness and determine whether a biological 
                event of national concern has occurred.
          [(3) Information sharing.--
                  [(A) In general.--The Directing Officer of 
                the NBIC shall--
                          [(i) establish a method of real-time 
                        communication with the National 
                        Operations Center;
                          [(ii) in the event that a biological 
                        event of national concern is detected, 
                        notify the Secretary and disseminate 
                        results of NBIC assessments relating to 
                        that biological event of national 
                        concern to appropriate Federal response 
                        entities and, in coordination with 
                        relevant Member Agencies, regional, 
                        State, local, and tribal governmental 
                        response entities in a timely manner;
                          [(iii) provide any report on NBIC 
                        assessments to Member Agencies and, in 
                        coordination with relevant Member 
                        Agencies, any affected regional, State, 
                        local, or tribal government, and any 
                        private sector entity considered 
                        appropriate that may enhance the 
                        mission of such Member Agencies, 
                        governments, or entities or the ability 
                        of the Nation to respond to biological 
                        events of national concern; and
                          [(iv) share NBIC incident or 
                        situational awareness reports, and 
                        other relevant information, consistent 
                        with the information sharing 
                        environment established under section 
                        1016 of the Intelligence Reform and 
                        Terrorism Prevention Act of 2004 (6 
                        U.S.C. 485) and any policies, 
                        guidelines, procedures, instructions, 
                        or standards established under that 
                        section.
                  [(B) Consultation.--The Directing Officer of 
                the NBIC shall implement the activities 
                described in subparagraph (A) consistent with 
                the policies, guidelines, procedures, 
                instructions, or standards established under 
                section 1016 of the Intelligence Reform and 
                Terrorism Prevention Act of 2004 (6 U.S.C. 485) 
                and in consultation with the Director of 
                National Intelligence, the Under Secretary for 
                Intelligence and Analysis, and other offices or 
                agencies of the Federal Government, as 
                appropriate.
  [(e) Responsibilities of the NBIC Member Agencies.--
          [(1) In general.--Each Member Agency shall--
                  [(A) use its best efforts to integrate 
                biosurveillance information into the NBIC, with 
                the goal of promoting information sharing 
                between Federal, State, local, and tribal 
                governments to detect biological events of 
                national concern;
                  [(B) provide timely information to assist the 
                NBIC in maintaining biological situational 
                awareness for accurate detection and response 
                purposes;
                  [(C) enable the NBIC to receive and use 
                biosurveillance information from member 
                agencies to carry out its requirements under 
                subsection (c);
                  [(D) connect the biosurveillance data systems 
                of that Member Agency to the NBIC data system 
                under mutually agreed protocols that are 
                consistent with subsection (c)(5);
                  [(E) participate in the formation of strategy 
                and policy for the operation of the NBIC and 
                its information sharing;
                  [(F) provide personnel to the NBIC under an 
                interagency personnel agreement and consider 
                the qualifications of such personnel necessary 
                to provide human, animal, and environmental 
                data analysis and interpretation support to the 
                NBIC; and
                  [(G) retain responsibility for the 
                surveillance and intelligence systems of that 
                department or agency, if applicable.
  [(f) Administrative Authorities.--
          [(1) Hiring of experts.--The Directing Officer of the 
        NBIC shall hire individuals with the necessary 
        expertise to develop and operate the NBIC.
          [(2) Detail of personnel.--Upon the request of the 
        Directing Officer of the NBIC, the head of any Federal 
        department or agency may detail, on a reimbursable 
        basis, any of the personnel of that department or 
        agency to the Department to assist the NBIC in carrying 
        out this section.
  [(g) NBIC Interagency Working Group.--The Directing Officer 
of the NBIC shall--
          [(1) establish an interagency working group to 
        facilitate interagency cooperation and to advise the 
        Directing Officer of the NBIC regarding recommendations 
        to enhance the biosurveillance capabilities of the 
        Department; and
          [(2) invite Member Agencies to serve on that working 
        group.
  [(h) Relationship to Other Departments and Agencies.--The 
authority of the Directing Officer of the NBIC under this 
section shall not affect any authority or responsibility of any 
other department or agency of the Federal Government with 
respect to biosurveillance activities under any program 
administered by that department or agency.
  [(i) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.
  [(j) Definitions.--In this section:
          [(1) The terms ``biological agent'' and ``toxin'' 
        have the meanings given those terms in section 178 of 
        title 18, United States Code.
          [(2) The term ``biological event of national 
        concern'' means--
                  [(A) an act of terrorism involving a 
                biological agent or toxin; or
                  [(B) a naturally occurring outbreak of an 
                infectious disease that may result in a 
                national epidemic.
          [(3) The term ``homeland security information'' has 
        the meaning given that term in section 892.
          [(4) The term ``Member Agency'' means any Federal 
        department or agency that, at the discretion of the 
        head of that department or agency, has entered a 
        memorandum of understanding regarding participation in 
        the NBIC.
          [(5) The term ``Privacy Officer'' means the Privacy 
        Officer appointed under section 222.]

           *       *       *       *       *       *       *

SEC. 318. STRATEGIC PLAN.

  (a) Requirement for Strategy.--The Under Secretary for 
Science and Technology shall develop, and update as necessary, 
a strategy to guide the activities of the Directorate of 
Science and Technology. The strategy shall be risk-based and 
aligned with other strategic guidance provided by--
          (1) the National Strategy for Homeland Security;
          (2) the Quadrennial Homeland Security Review;
          (3) the Capabilities and Requirements Council 
        established under section 709; and
          (4) other relevant strategic planning documents, as 
        determined by the Under Secretary.
  (b) Contents.--The strategy required by subsection (a) shall 
be prepared in accordance with applicable Federal requirements 
and guidelines, and shall include the following:
          (1) Long-term strategic goals, objectives, and 
        metrics of the Directorate.
          (2) Analysis of how the research programs of the 
        Directorate support achievement of those strategic 
        goals and objectives.
          (3) A description of how the activities and programs 
        of the Directorate meet the requirements or homeland 
        security capability gaps identified by customers within 
        and outside of the Department, including the first 
        responder community.
          (4) The role of the Department's risk analysis 
        activities and programs of the Directorate.
          (5) A technology transition strategy for the programs 
        of the Directorate.
          (6) A description of the policies of the Directorate 
        on the management, organization, and personnel of the 
        Directorate.
          (7) Short- and long-term strategic goals, and 
        objectives for significantly increasing the number of 
        designations and certificates issued under subtitle G 
        of title VIII, as well as identification of the 
        specific metrics to be used to determine whether a 
        designation or a certificate will be awarded.
  (c) Submission of Plan to Congress.--The Secretary shall 
submit to the appropriate congressional committees the strategy 
developed under subsection (a) and any update to the strategy.

SEC. 319. 5-YEAR RESEARCH AND DEVELOPMENT PLAN.

  (a) In General.--The Under Secretary for Science and 
Technology shall develop, and revise at least every 5 years, a 
5-year research and development plan for the activities of the 
Directorate of Science and Technology.
  (b) Contents.--The 5-year research and development plan 
developed under subsection (a) shall--
          (1) define the Directorate's research, development, 
        testing, and evaluation activities, priorities, 
        performance metrics, and key milestones and 
        deliverables for the 5-fiscal-year period from 2013 
        through 2017, and for each 5-fiscal-year period 
        thereafter;
          (2) link the activities identified in paragraph (1) 
        to the goals and objectives described in the strategic 
        plan developed under section 318, the research 
        requirements established in section 320, and the 
        operational capability needs as determined by the 
        Capabilities and Requirements Council established under 
        section 709;
          (3) describe, for each activity of the strategic 
        plan, the planned annual funding levels for the period 
        covered by the plan; and
          (4) indicate joint investments with other Federal 
        partners where applicable.
  (c) Scope of the Plan.--The Under Secretary shall ensure that 
each plan developed under subsection (a)--
          (1) reflects input from a wide range of stakeholders; 
        and
          (2) takes into account how research and development 
        by other Federal, State, private sector, and nonprofit 
        institutions contributes to the achievement of the 
        priorities identified in the plan, and avoids 
        unnecessary duplication with these efforts.
  (d) Reports.--At the time the President submits each annual 
budget request, the Under Secretary shall provide a report to 
the appropriate congressional committees on the status and 
results to date of implementation of the current 5-year 
research and development plan, including--
          (1) a summary of the research and development 
        activities for the previous fiscal year in each topic 
        area;
          (2) the annual expenditures in each topic area;
          (3) an assessment of progress of the research and 
        development activities based on the performance metrics 
        and milestones set forth in the plan; and
          (4) any changes to the plan.

SEC. 320. IDENTIFICATION AND PRIORITIZATION OF RESEARCH AND DEVELOPMENT 
                    REQUIREMENTS.

  (a) In General.--The Under Secretary for Science and 
Technology shall establish and implement a process to identify, 
prioritize, fund, and task the basic and applied homeland 
security research and development activities of the Directorate 
of Science and Technology.
  (b) Process.--The process established under subsection (a) 
shall--
          (1) account for Departmentwide priorities as defined 
        by the Capabilities and Requirements Council 
        established under section 709;
          (2) be responsive to near-, mid-, and long-term 
        needs, including unanticipated needs to address 
        emerging threats;
          (3) utilize gap analysis and risk assessment tools 
        where available and applicable;
          (4) include protocols to assess--
                  (A) off-the-shelf technology to determine if 
                an identified homeland security capability gap 
                can be addressed through the acquisition 
                process instead of commencing research and 
                development of technology to address that 
                capability gap; and
                  (B) research and development activities 
                pursued by other executive agencies, to 
                determine if technology can be leveraged to 
                address an identified homeland security 
                capability gap;
          (5) provide for documented and validated research and 
        development requirements;
          (6) establish roles and responsibilities for the 
        Under Secretary for Science and Technology, the Under 
        Secretary for Policy, the Under Secretary for 
        Management, and the heads of operational components of 
        the Department;
          (7) strengthen first responder participation in 
        identifying and prioritizing homeland security 
        technological gaps, including by--
                  (A) soliciting feedback from appropriate 
                national associations and advisory groups 
                representing the first responder community and 
                first responders within the components of the 
                Department; and
                  (B) establishing and promoting a publicly 
                accessible portal to allow the first responder 
                community to help the Directorate develop 
                homeland security research and development 
                goals;
          (8) institute a mechanism to publicize the 
        Department's funded and unfunded homeland security 
        technology priorities for the purpose of informing the 
        Federal, State, and local governments, first 
        responders, and the private sector;
          (9) establish considerations to be used by the 
        Directorate in selecting appropriate research entities, 
        including the national laboratories, federally funded 
        research and development centers, university-based 
        centers, and the private sector, to carry out research 
        and development requirements; and
          (10) include any other criteria or measures the 
        Secretary considers necessary for the identification 
        and prioritization of research requirements.

SEC. 321. MONITORING PROGRESS.

  (a) In General.--The Under Secretary for Science and 
Technology shall monitor the progress of the research, 
development, testing, and evaluation activities undertaken by 
the Directorate of Science and Technology, and shall provide, 
at a minimum on a biannual basis, regular updates on that 
progress to relevant customers of those activities.
  (b) Requirements of Progress Updates.--In order to provide 
the progress updates required under subsection (a), the Under 
Secretary shall develop a system that--
          (1) monitors progress toward project milestones 
        identified by the Under Secretary;
          (2) maps progress toward deliverables identified in 
        the 5-year plan required under section 319;
          (3) generates up-to-date reports to customers that 
        transparently disclose the status and progress of 
        research, development, testing, and evaluation efforts 
        of the Directorate;
          (4) evaluates the extent to which a technology or 
        service produced as a result of the Directorate's 
        programs has addressed homeland security capability 
        gaps and requirements as determined by the Capabilities 
        and Requirements Council established under section 709; 
        and
          (5) allows the Under Secretary to report the number 
        of products and services developed by the Directorate 
        that have been transitioned into acquisition programs 
        and resulted in successfully fielded technologies.
  (c) Evaluation Methods.--
          (1) External input, consultation, and review.--The 
        Under Secretary shall implement procedures to engage 
        outside experts in assisting in the evaluation of the 
        progress of research and development programs or 
        activities of the Directorate, including through--
                  (A) consultation with experts, including 
                scientists and practitioners, to gather 
                independent expert peer opinion and advice on a 
                project or on specific issues or analyses 
                conducted by the Directorate; and
                  (B) periodic, independent, external review to 
                assess the quality and relevance of the 
                Directorate's programs and projects.
          (2) Customer feedback.--The Under Secretary shall 
        establish a formal process to collect feedback from 
        customers of the Directorate on the performance of the 
        Directorate, that includes--
                  (A) appropriate methodologies through which 
                customers can assess the quality and usefulness 
                of technology and services delivered by the 
                Directorate;
                  (B) development of metrics for measuring 
                customer satisfaction and the usefulness of any 
                technology or service provided by the 
                Directorate; and
                  (C) standards for high-quality customer 
                service.

SEC. 322. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.

  (a) In General.--The Under Secretary for Science and 
Technology may make available to any person, for an appropriate 
fee, the services of any testing facility owned by the Federal 
Government and operated by the Directorate for Science and 
Technology for the testing of materials, equipment, models, 
computer software, and other items designed to advance the 
homeland security mission.
  (b) Interference With Federal Programs.--The Under Secretary 
shall ensure that the testing at such facilities of materials, 
equipment, models, computer software, or other items not owned 
by the Federal Government do not cause personnel or other 
resources of the Federal Government to be diverted from 
scheduled Federal Government tests or otherwise interfere with 
Federal Government mission requirements.
  (c) Confidentiality of Test Results.--The results of tests 
performed by a person with services made available under 
subsection (a) and any associated data provided by the person 
for the conduct of the tests--
          (1) are trade secrets and commercial or financial 
        information that is privileged or confidential within 
        the meaning of section 552(b)(4) of title 5, United 
        States Code; and
          (2) may not be disclosed outside the Federal 
        Government without the consent of the person for which 
        the tests are performed.
  (d) Fees.--The fee for using the services of a facility under 
subsection (a) may not exceed the amount necessary to recoup 
the direct and indirect costs involved, such as direct costs of 
utilities, contractor support, and salaries of personnel, that 
are incurred by the Federal Government to provide for the 
testing.
  (e) Use of Fees.--Any fee collected under subsection (a) 
shall be credited to the appropriations or other funds of the 
Directorate of Science and Technology and shall be used to 
directly support the research and development activities of the 
Department.

SEC. 323. BIOFORENSICS CAPABILITIES.

  (a) Bioforensics Analysis Center.--There is authorized in the 
Department a bioforensics analysis center to provide support 
for law enforcement and intelligence-related investigations and 
actions to--
          (1) provide definitive bioforensics analysis in 
        support of the executive agencies with primary 
        responsibilities for preventing, deterring, responding 
        to, attributing, and recovering from biological 
        attacks; and
          (2) undertake other related bioforensics activities.
  (b) Payment for Services.--The center shall charge and retain 
fees to reimburse the cost of any service provided to an 
executive agency that requested such service.
  (c) Detailee Program.--Subject to the availability of 
appropriations, the Secretary may implement a program under 
which executive agencies as considered appropriate by the 
Secretary provide personnel, on a reimburseable basis, to the 
center for the purpose of--
          (1) providing training and other educational benefits 
        for such stakeholders to help them to better understand 
        the policies, procedures, and laws governing national 
        bioforensics activities; and
          (2) bolstering the capabilities and information 
        sharing activities of the bioforensics analysis center 
        authorized under subsection (a) with national 
        biosecurity and biodefense stakeholders.

SEC. 324. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

  (a) Establishment.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall establish a fellows 
program, to be known as the Homeland Security Science and 
Technology Fellows Program, under which the Under Secretary 
shall facilitate the temporary placement of scientists in 
relevant scientific or technological fields for up to 2 years 
in components of the Department with a need for scientific and 
technological expertise.
  (b) Utilization of Fellows.--
          (1) In general.--Under the Program, the Under 
        Secretary may employ fellows--
                  (A) for the use of the Directorate of Science 
                and Technology; or
                  (B) for the use of a Department component 
                outside such Directorate, under an agreement 
                with the head of such a component under which 
                the component will reimburse the Directorate 
                for the costs of such employment.
          (2) Responsibilities.--Under such an agreement--
                  (A) the Under Secretary shall--
                          (i) solicit and accept applications 
                        from individuals who are currently 
                        enrolled in or who are graduates of 
                        postgraduate programs in scientific and 
                        engineering fields related to the 
                        promotion of securing the homeland, 
                        including--
                                  (I) biological, chemical, 
                                physical, behavioral, social, 
                                health, medical, and 
                                computational sciences;
                                  (II) geosciences;
                                  (III) all fields of 
                                engineering; and
                                  (IV) such other disciplines 
                                as are determined relevant by 
                                the Secretary;
                          (ii) screen applicant candidates and 
                        interview them as appropriate to ensure 
                        that they possess the appropriate level 
                        of scientific and engineering expertise 
                        and qualifications;
                          (iii) provide a list of qualified 
                        applicants to the heads of Department 
                        components seeking to utilize qualified 
                        fellows;
                          (iv) subject to the availability of 
                        appropriations, pay financial 
                        compensation to such fellows;
                          (v) coordinate with the Chief 
                        Security Officer to facilitate and 
                        expedite provision of security 
                        clearances to fellows, as appropriate; 
                        and
                          (vi) otherwise administer all aspects 
                        of the employment of fellows with the 
                        Department; and
                  (B) the head of the component utilizing a 
                fellow shall--
                          (i) select the fellow from the list 
                        of qualified applicants provided by the 
                        Under Secretary;
                          (ii) reimburse the Under Secretary 
                        for the costs of employing the fellow 
                        selected, including administrative 
                        costs; and
                          (iii) be responsible for the day-to-
                        day management of the fellow.
  (c) Applications From Nonprofit Organizations.--The Under 
Secretary may accept an application under subsection (b)(2)(A) 
that is submitted by a nonprofit organization on behalf of 
individuals whom such nonprofit organization has determined may 
be qualified applicants under the program.

TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *

Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *

SEC. 428. VISA ISSUANCE.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Assignment of Homeland Security Employees to Diplomatic 
and Consular Posts.--
          (1) * * *

           *       *       *       *       *       *       *

          (9) Student visas.--In administering the program 
        under this subsection, the Secretary, not later than 
        180 days after the date of the enactment of the Student 
        Visa Security Improvement Act, shall--
                  (A) prescribe regulations to require 
                employees assigned under paragraph (1) to 
                review the applications of all applicants 
                recommended by Department of State personnel 
                for visas under subparagraph (F), (J), or (M) 
                of section 101(a)(15) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)), and 
                conduct in-person interviews where appropriate, 
                prior to final adjudication, with special 
                emphasis on determining whether applicants are 
                inadmissible under section 212(a)(3)(B) of such 
                Act (8 U.S.C. 1182(a)(3)(B)) (relating to 
                terrorist activities);
                  (B) ensure that employees assigned under 
                paragraph (1) conduct on-site reviews of any 
                applications and supporting documentation for 
                visas under subparagraph (F), (J), or (M) of 
                section 101(a)(15) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)) that 
                they deem appropriate prior to final 
                adjudication; and
                  (C) update, in consultation with the 
                Secretary of State, the memorandum of 
                understanding between the Department of 
                Homeland Security and the Department of State 
                regarding implementation of this section to 
                clarify the roles and responsibilities of 
                employees assigned under paragraph (1) 
                specifically with regard to the duties 
                prescribed by this paragraph.

           *       *       *       *       *       *       *

  [(i) Visa Issuance Program for Saudi Arabia.--Notwithstanding 
any other provision of law, after the date of the enactment of 
this Act all third party screening programs in Saudi Arabia 
shall be terminated. On-site personnel of the Department of 
Homeland Security shall review all visa applications prior to 
adjudication.]
  (i) Visa issuance at designated consular posts and 
embassies.--Notwithstanding any other provision of law, the 
Secretary--
          (1) shall conduct an on-site review of all visa 
        applications and supporting documentation before 
        adjudication at the 20 highest-risk visa issuing 
        diplomatic and consular posts, as determined by the 
        Secretary; and
          (2) is authorized to assign employees of the 
        Department to each diplomatic and consular post at 
        which visas are issued unless, in the Secretary's sole 
        and unreviewable discretion, the Secretary determines 
        that such an assignment at a particular post would not 
        promote national or homeland security.

           *       *       *       *       *       *       *

[SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.

  [(a) In General.--The Office for Domestic Preparedness shall 
be within the Directorate of Border and Transportation 
Security.
  [(b) Director.--There shall be a Director of the Office for 
Domestic Preparedness, who shall be appointed by the President, 
by and with the advice and consent of the Senate. The Director 
of the Office for Domestic Preparedness shall report directly 
to the Under Secretary for Border and Transportation Security.
  [(c) Responsibilities.--The Office for Domestic Preparedness 
shall have the primary responsibility within the executive 
branch of Government for the preparedness of the United States 
for acts of terrorism, including--
          [(1) coordinating preparedness efforts at the Federal 
        level, and working with all State, local, tribal, 
        parish, and private sector emergency response providers 
        on all matters pertaining to combating terrorism, 
        including training, exercises, and equipment support;
          [(2) coordinating or, as appropriate, consolidating 
        communications and systems of communications relating 
        to homeland security at all levels of government;
          [(3) directing and supervising terrorism preparedness 
        grant programs of the Federal Government (other than 
        those programs administered by the Department of Health 
        and Human Services) for all emergency response 
        providers;
          [(4) incorporating the Strategy priorities into 
        planning guidance on an agency level for the 
        preparedness efforts of the Office for Domestic 
        Preparedness;
          [(5) providing agency-specific training for agents 
        and analysts within the Department, other agencies, and 
        State and local agencies and international entities;
          [(6) as the lead executive branch agency for 
        preparedness of the United States for acts of 
        terrorism, cooperating closely with the Federal 
        Emergency Management Agency, which shall have the 
        primary responsibility within the executive branch to 
        prepare for and mitigate the effects of nonterrorist-
        related disasters in the United States;
          [(7) assisting and supporting the Secretary, in 
        coordination with other Directorates and entities 
        outside the Department, in conducting appropriate risk 
        analysis and risk management activities of State, 
        local, and tribal governments consistent with the 
        mission and functions of the Directorate;
          [(8) those elements of the Office of National 
        Preparedness of the Federal Emergency Management Agency 
        which relate to terrorism, which shall be consolidated 
        within the Department in the Office for Domestic 
        Preparedness established under this section; and
          [(9) helping to ensure the acquisition of 
        interoperable communication technology by State and 
        local governments and emergency response providers.
  [(d) Fiscal Years 2003 and 2004.--During fiscal year 2003 and 
fiscal year 2004, the Director of the Office for Domestic 
Preparedness established under this section shall manage and 
carry out those functions of the Office for Domestic 
Preparedness of the Department of Justice (transferred under 
this section) before September 11, 2001, under the same terms, 
conditions, policies, and authorities, and with the required 
level of personnel, assets, and budget before September 11, 
2001.]

           *       *       *       *       *       *       *

Subtitle D--Immigration Enforcement Functions

           *       *       *       *       *       *       *

[SEC. 442. ESTABLISHMENT OF BUREAU OF BORDER SECURITY.

  [(a) Establishment of Bureau.--
          [(1) In general.--There shall be in the Department of 
        Homeland Security a bureau to be known as the ``Bureau 
        of Border Security''.
          [(2) Assistant secretary.--The head of the Bureau of 
        Border Security shall be the Assistant Secretary of the 
        Bureau of Border Security, who--
                  [(A) shall report directly to the Under 
                Secretary for Border and Transportation 
                Security; and
                  [(B) shall have a minimum of 5 years 
                professional experience in law enforcement, and 
                a minimum of 5 years of management experience.
          [(3) Functions.--The Assistant Secretary of the 
        Bureau of Border Security--
                  [(A) shall establish the policies for 
                performing such functions as are--
                          [(i) transferred to the Under 
                        Secretary for Border and Transportation 
                        Security by section 441 and delegated 
                        to the Assistant Secretary by the Under 
                        Secretary for Border and Transportation 
                        Security; or
                          [(ii) otherwise vested in the 
                        Assistant Secretary by law;
                  [(B) shall oversee the administration of such 
                policies; and
                  [(C) shall advise the Under Secretary for 
                Border and Transportation Security with respect 
                to any policy or operation of the Bureau of 
                Border Security that may affect the Bureau of 
                Citizenship and Immigration Services 
                established under subtitle E, including 
                potentially conflicting policies or operations.
          [(4) Program to collect information relating to 
        foreign students.--The Assistant Secretary of the 
        Bureau of Border Security shall be responsible for 
        administering the program to collect information 
        relating to nonimmigrant foreign students and other 
        exchange program participants described in section 641 
        of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1372), including 
        the Student and Exchange Visitor Information System 
        established under that section, and shall use such 
        information to carry out the enforcement functions of 
        the Bureau.
          [(5) Managerial rotation program.--
                  [(A) In general.--Not later than 1 year after 
                the date on which the transfer of functions 
                specified under section 441 takes effect, the 
                Assistant Secretary of the Bureau of Border 
                Security shall design and implement a 
                managerial rotation program under which 
                employees of such bureau holding positions 
                involving supervisory or managerial 
                responsibility and classified, in accordance 
                with chapter 51 of title 5, United States Code, 
                as a GS-14 or above, shall--
                          [(i) gain some experience in all the 
                        major functions performed by such 
                        bureau; and
                          [(ii) work in at least one local 
                        office of such bureau.
                  [(B) Report.--Not later than 2 years after 
                the date on which the transfer of functions 
                specified under section 441 takes effect, the 
                Secretary shall submit a report to the Congress 
                on the implementation of such program.
  [(b) Chief of Policy and Strategy.--
          [(1) In general.--There shall be a position of Chief 
        of Policy and Strategy for the Bureau of Border 
        Security.
          [(2) Functions.--In consultation with Bureau of 
        Border Security personnel in local offices, the Chief 
        of Policy and Strategy shall be responsible for--
                  [(A) making policy recommendations and 
                performing policy research and analysis on 
                immigration enforcement issues; and
                  [(B) coordinating immigration policy issues 
                with the Chief of Policy and Strategy for the 
                Bureau of Citizenship and Immigration Services 
                (established under subtitle E), as appropriate.
  [(c) Legal Advisor.--There shall be a principal legal advisor 
to the Assistant Secretary of the Bureau of Border Security. 
The legal advisor shall provide specialized legal advice to the 
Assistant Secretary of the Bureau of Border Security and shall 
represent the bureau in all exclusion, deportation, and removal 
proceedings before the Executive Office for Immigration 
Review.]

SEC. 442. ESTABLISHMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT.

  (a) Establishment.--There is established within the 
Department an agency to be known as Immigration and Customs 
Enforcement.
  (b) Functions.--The primary functions of the agency are the 
following:
          (1) To conduct criminal investigations relating to 
        homeland security, particularly investigations relating 
        to border security, customs, immigration, 
        naturalization, trade, travel, and transportation 
        security.
          (2) To enforce Federal immigration and naturalization 
        laws, particularly those laws relating to arrest, 
        detention, removal, employment verification, and fraud.
  (c) Director.--
          (1) In general.--The head of Immigration and Customs 
        Enforcement shall be the Director of Immigration and 
        Customs Enforcement. The Director shall--
                  (A) be appointed by the President, by and 
                with the advice and consent of the Senate;
                  (B) exercise the duties and powers described 
                in this section, prescribed by other law, or 
                delegated by the Secretary; and
                  (C) report directly to the Secretary.
          (2) Compensation.--The Director shall be compensated 
        at the rate of pay for level III of the Executive 
        Schedule as provided in section 5314 of title 5, United 
        States Code.
  (d) Duties and Powers of the Director.--Subject to the 
supervision of the Secretary, the Director shall be responsible 
for the direction, management, and administration of the 
Immigration and Customs Enforcement, its employees, and its 
programs.
          (1) Criminal investigation.--The Director shall have 
        the power to investigate and, where appropriate, refer 
        for prosecution, any criminal violation of Federal law 
        relating to or involving--
                  (A) border control and security (including 
                ports of entry), including the prevention of 
                the entry or residence of terrorists, 
                criminals, and human rights violators;
                  (B) customs, trade, import, or export 
                control, including the illicit possession, 
                movement of, or trade in goods, services, 
                property, contraband, arms, items controlled or 
                prohibited from export, pornography, 
                intellectual property, or monetary instruments;
                  (C) transnational money laundering or bulk 
                cash smuggling;
                  (D) immigration or naturalization;
                  (E) alien gangs or criminal syndicates;
                  (F) possession of a firearm or explosive by 
                an alien;
                  (G) the employment or abuse of an alien, 
                including trafficking and peonage, labor 
                violations, sexual exploitation, pornography, 
                prostitution, and sex tourism;
                  (H) identification, travel, or employment 
                documents;
                  (I) identity theft or misuse of social 
                security account numbers or information when 
                such theft relates to or affects border 
                security, customs, immigration, naturalization, 
                trade, travel, and transportation security;
                  (J) travel and transportation security;
                  (K) any other authorities previously held by 
                the Commissioner of Customs, the Commissioner 
                of the Immigration and Naturalization Service, 
                and the Under Secretary for Border and 
                Transportation Security; and
                  (L) such other authorities of the Department 
                as the Secretary may prescribe.
          (2) Civil immigration and naturalization 
        enforcement.--The Director shall have the power to 
        enforce the civil immigration and naturalization laws 
        of the United States, including the civil and 
        administrative power to--
                  (A) investigate, locate, and arrest any alien 
                subject to exclusion, deportation, or removal 
                from the United States;
                  (B) remove any alien subject to exclusion, 
                deportation, or removal from the United States 
                through appropriate administrative removal 
                proceedings;
                  (C) detain an alien for purposes of 
                exclusion, deportation, or removal, or as 
                otherwise provided by law;
                  (D) enforce Federal law relating to the 
                unlawful employment of aliens and to 
                immigration document fraud; and
                  (E) exercise such other authorities relating 
                to the enforcement of the immigration and 
                naturalization laws that the Secretary may 
                prescribe.
          (3) Enforcement policy.--The Director shall--
                  (A) establish and direct the policies of the 
                Immigration and Customs Enforcement;
                  (B) advise the Secretary and other senior 
                officers of the Department on policy matters 
                relating to Immigration and Customs Enforcement 
                and its duties;
                  (C) coordinate, on behalf of the Department, 
                with Federal, State, tribal, and foreign 
                agencies to promote the efficient--
                          (i) investigation of criminal 
                        violations of the border security, 
                        customs, immigration, naturalization, 
                        trade, travel, and transportation laws 
                        of the United States; and
                          (ii) civil enforcement of the 
                        immigration and naturalization laws of 
                        the United States.
          (4) General enforcement powers.--The Director may 
        authorize agents and officers of Immigration and 
        Customs Enforcement to--
                  (A) execute warrants issued under the laws of 
                the United States;
                  (B) carry firearms;
                  (C) make arrests without warrant for any 
                offense against the United States committed in 
                their presence, or for any felony cognizable 
                under the laws of the United States if they 
                have reasonable grounds to believe that the 
                person to be arrested has committed or is 
                committing such felony;
                  (D) offer and pay rewards for services and 
                information leading to the apprehension of 
                persons involved in the violation or potential 
                violation of those provisions of law which 
                Immigration and Customs Enforcement is 
                authorized to enforce; and
                  (E) issue civil detainers for purposes of 
                immigration enforcement.
          (5) Additional duties and powers.--
                  (A) In general.--The Director shall exercise 
                any other powers prescribed by law and such 
                ancillary powers as are necessary to carry out 
                the duties and powers described in this 
                section, including the relevant powers 
                previously held by the Commissioner of Customs, 
                the Commissioner of the Immigration and 
                Naturalization Service, and the Under Secretary 
                for Border and Transportation Security.
                  (B) Inspection, seizure, and search.--In 
                carrying out the duties prescribed in this 
                section, the Director may exercise the 
                inspection, seizure, and search authorities 
                previously held by the Commissioner of Customs, 
                the Commissioner of the Immigration and 
                Naturalization Service, and the Under Secretary 
                for Border and Transportation Security.
                  (C) Immigration enforcement.--In carrying out 
                the immigration enforcement duties of this 
                section, the Director shall have the authority 
                to identify aliens in the criminal justice 
                system who have been charged with or convicted 
                of criminal offenses and are subject to 
                removal.
                  (D) Intellectual property protection.--The 
                Director shall establish and administer a 
                National Intellectual Property Rights 
                Coordination Center to promote Federal and 
                international investigation of intellectual 
                property offenses.
                  (E) Limitation.--Notwithstanding the 
                authority in paragraph (1)(A) relating to 
                terrorists, primary responsibility for 
                investigating acts of terrorism shall rest with 
                the Federal, State, and local law enforcement 
                agencies with jurisdiction over the acts in 
                question.
                  (F) Vesting.--All functions of all officers, 
                employees, and organizational units of 
                Immigration and Customs Enforcement are vested 
                in the Director.
                  (G) Delegation.--Except as otherwise 
                prohibited by law, the Director may delegate 
                any of the Director's duties and powers to any 
                employee or organizational unit of Immigration 
                and Customs Enforcement.
          (6) Overseas offices.--In coordination with the 
        Department of State, the Director shall establish and 
        staff liaison offices in appropriate foreign countries 
        to support the international activities and 
        relationships of Immigration and Customs Enforcement.
  (e) Additional Agency Officers.--In addition to such officers 
as the Secretary or Director may provide, Immigration and 
Customs Enforcement shall have the following officers to assist 
the Director in the performance of the Director's duties:
          (1) A Deputy Director, who shall assist the Director 
        in the management of Immigration and Customs 
        Enforcement and who shall act for the Director in the 
        Director's absence or disability.
          (2) A Chief Counsel, who shall provide the Director 
        specialized legal advice and represent the Director in 
        all administrative proceedings before the Executive 
        Office for Immigration Review.
  (f) Other Law Enforcement Agencies.--Nothing in this section 
shall be construed to limit the existing authority of any other 
Federal law enforcement agency.

           *       *       *       *       *       *       *

TITLE V--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *

SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

  (a) * * *
  (b) Reorganization.--Section [872] 2302 shall not apply to 
the Agency, including any function or organizational unit of 
the Agency.

           *       *       *       *       *       *       *

SEC. 508. NATIONAL ADVISORY COUNCIL.

  (a) Establishment.--Not later than 60 days after the date of 
enactment of the Post-Katrina Emergency Management Reform Act 
of 2006, the Secretary shall establish an advisory body under 
section [871] 2301(a) to ensure effective and ongoing 
coordination of Federal preparedness, protection, response, 
recovery, and mitigation for natural disasters, acts of 
terrorism, and other man-made disasters, to be known as the 
National Advisory Council.

           *       *       *       *       *       *       *

  (d) Applicability of Federal Advisory Committee Act.--
          (1) In general.--Notwithstanding [section 871(a)] 
        section 2301(a) and subject to paragraph (2), the 
        Federal Advisory Committee Act (5 U.S.C. App.), 
        including subsections (a), (b), and (d) of section 10 
        of such Act, and section 552b(c) of title 5, United 
        States Code, shall apply to the National Advisory 
        Council.

           *       *       *       *       *       *       *

SEC. 516. CHIEF MEDICAL OFFICER.

  (a) In General.--There is in the Department a Chief Medical 
Officer, who shall be appointed by the President, by and with 
the advice and consent of the Senate[.], and who shall also 
have the title of Assistant Secretary for Health Affairs.

           *       *       *       *       *       *       *

  (c) Responsibilities.--The Chief Medical Officer shall have 
the primary responsibility within the Department for medical 
issues related to natural disasters, acts of terrorism, and 
other man-made disasters, including--
          (1) * * *

           *       *       *       *       *       *       *

          (6) discharging, in coordination with the Under 
        Secretary for Science and Technology, the 
        responsibilities of the Department related to Project 
        Bioshield; [and]
          (7) ensuring that the workforce of the Department has 
        science-based policy, standards, requirements, and 
        metrics for occupational safety and health;
          (8) providing medical expertise for the components of 
        the Department with respect to prevention, 
        preparedness, protection, response, and recovery for 
        medical and public health matters;
          (9) working in conjunction with appropriate entities 
        of the Department and other appropriate Federal 
        agencies to develop guidance for prevention, 
        preparedness, protection, response, and recovery from 
        catastrophic events with human, animal, and 
        agricultural health consequences; and
          [(7)] (10) performing such other duties relating to 
        such responsibilities as the Secretary may require.

           *       *       *       *       *       *       *

SEC. 525. ACCEPTANCE OF GIFTS.

  (a) Authority.--The Secretary, acting through the 
Administrator, may accept and use gifts of property, both real 
and personal, and may accept gifts of services, including from 
guest lecturers, for otherwise authorized activities of the 
Center for Domestic Preparedness that are related to efforts to 
prevent, prepare for, protect against, or respond to a natural 
disaster, act of terrorism, or other man-made disaster, 
including the use of a weapon of mass destruction.

           *       *       *       *       *       *       *

SEC. 526. SPECIAL EMERGENCY PROCUREMENT AUTHORITY FOR DOMESTIC 
                    EMERGENCY OPERATIONS

  (a) In general.--Notwithstanding any other provision of law, 
the Secretary is authorized to permit a class deviation to the 
Federal Acquisition Regulation with respect to the 
micropurchase threshold and may do so in such official's sole 
discretion to support domestic emergency operations and 
response activities related to acts of terrorism.
  (b) Delegation of authority.--The Secretary may carry out 
this section by acting through the Under Secretary for 
Management.
  (c) Limitation.--In any class deviation under subsection (a), 
the micropurchase threshold may not exceed $15,000.
  (d) Domestic emergency operation defined.--In this section, 
the term ``domestic emergency operation'' means assistance 
activities carried out in support of or in response to--
          (1) an emergency or major disaster, as those terms 
        are defined in section 102 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5122);
          (2) any occasion or instance for which the Secretary 
        determines Federal assistance is needed to supplement 
        State and local efforts and capabilities to save lives 
        and to protect property and public health and safety, 
        or to lessen or avert the threat of a catastrophe in 
        any part of the United States;
          (3) any natural catastrophe (including any hurricane, 
        tornado, storm, high water, wind-driven water, tidal 
        wave, tsunami, earthquake, volcanic eruption, 
        landslide, mudslide, snowstorm, or drought), or, 
        regardless of cause, any fire, flood, or explosion, in 
        any part of the United States, that in the 
        determination of the Secretary causes damage of 
        sufficient severity and magnitude to warrant major 
        disaster assistance to supplement the efforts and 
        available resources of States, local governments, and 
        disaster relief organizations in alleviating the 
        damage, loss, hardship, or suffering caused thereby; or
          (4) any act of terrorism, in any part of the United 
        States, that in the determination of the Secretary 
        causes damage of sufficient severity and magnitude to 
        warrant major disaster assistance to supplement the 
        efforts and available resources of States, local 
        governments, and disaster relief organizations in 
        alleviating the damage, loss, hardship, or suffering 
        caused thereby.

SEC. 527. 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--
          (1) developing guidance and checklists of recommended 
        actions for individual and community prevention and 
        preparedness efforts and disseminating such guidance 
        and checklists to communities and individuals;
          (2) updating new and existing guidance and checklists 
        as appropriate;
          (3) disseminating the guidance developed under 
        section 510 to communities and individuals, as 
        appropriate;
          (4) providing information and training materials in 
        support of individual and community preparedness 
        efforts;
          (5) conducting individual and community preparedness 
        outreach efforts; and
          (6) such other actions as the Secretary determines 
        appropriate.
  (b) Coordination.--Where appropriate, the Secretary shall 
coordinate with private sector and nongovernmental 
organizations to promote individual and community preparedness 
and collective response to weapons of mass destruction and 
terrorist attacks involving chemical, biological, radiological, 
and nuclear materials against the United States.
  (c) Best practices.--In compiling guidance for individual and 
community preparedness in order to carry out subsection (a)(4), 
the Secretary shall give due regard to best practices based on 
the experience of other agencies and countries and the 
expertise of academic institutions and nongovernmental 
organizations.

SEC. 528. COMMUNICATIONS PLANNING.

  (a) Communications Plan.--
          (1) In general.--The Administrator shall develop a 
        communications plan designed to provide information to 
        the public related to preventing, protecting against, 
        responding to, and recovering from chemical, 
        biological, radiological, and nuclear attacks;
          (2) Pre-scripted messages and message templates.--
                  (A) In general.--The Administrator shall 
                develop and disseminate, through the Federal 
                Emergency Management Agency, a public alerts 
                and warnings system, and prescripted messages 
                and message templates to be provided to State, 
                local, and tribal authorities so that those 
                authorities can quickly and rapidly disseminate 
                critical information to the public in 
                anticipation of, during, or in the immediate 
                aftermath of a chemical, biological, 
                radiological, or nuclear attack, and to be 
                included in the Department of Homeland 
                Security's lessons learned information sharing 
                system.
                  (B) Development and design.--The pre-scripted 
                messages or message templates shall--
                          (i) be developed in consultation with 
                        State, local, and tribal authorities 
                        and in coordination with other 
                        appropriate Federal departments and 
                        agencies;
                          (ii) be designed to provide accurate, 
                        essential, and appropriate information 
                        and instructions to the population 
                        directly affected by an incident, 
                        including information regarding an 
                        evacuation, sheltering in place, 
                        hospital surge operations, health, and 
                        safety;
                          (iii) be designed to provide 
                        accurate, essential, and appropriate 
                        information and instructions to 
                        emergency response providers and 
                        medical personnel responding to an 
                        incident; and
                          (iv) include direction for the 
                        coordination of Federal, State, local, 
                        and tribal communications teams.
                  (C) Communications formats.--The 
                Administrator shall develop pre-scripted 
                messages or message templates under this 
                paragraph in multiple formats to ensure 
                delivery--
                          (i) in cases where the usual 
                        communications infrastructure is 
                        unusable; and
                          (ii) to individuals with disabilities 
                        or other special needs and individuals 
                        with limited English proficiency.
                  (D) Dissemination and technical assistance.--
                The Administrator shall ensure that all pre-
                scripted messages and message templates 
                developed under this paragraph are made 
                available to State, local, and tribal 
                authorities so that those authorities may 
                incorporate them, as appropriate, into their 
                emergency plans. The Administrator shall also 
                make available relevant technical assistance to 
                those authorities to support communications 
                planning.
                  (E) Exercises.--To ensure that the pre-
                scripted messages or message templates 
                developed under this paragraph can be 
                effectively utilized in a disaster or incident, 
                the Administrator shall incorporate Federal, 
                State, local, and tribal communications teams 
                that deliver such pre-scripted messages or 
                message templates into exercises, including 
                those conducted under the National Exercise 
                Program.
  (b) Terrorism Threat Awareness.--
          (1) Terrorism threat awareness.--The Secretary, in 
        consultation with the heads of appropriate Federal 
        departments and agencies, shall for purposes of 
        preparedness and collective response to terrorism and 
        for other purposes--
                  (A) ensure that homeland security information 
                concerning terrorist threats is provided to 
                State, local, and tribal authorities and the 
                public within the United States, as 
                appropriate; and
                  (B) establish a process to optimize 
                opportunities for qualified heads of State, 
                local, and tribal government entities to obtain 
                appropriate security clearances so that they 
                may receive classified threat information when 
                appropriate.
          (2) Threat bulletins.--
                  (A) In general.--Consistent with the 
                requirements of paragraph (1), the Secretary 
                shall, on a timely basis, prepare unclassified 
                threat bulletins on chemical, biological, 
                radiological, and nuclear threats.
                  (B) Requirements.--Each assessment required 
                under subparagraph (A) shall--
                          (i) include guidance to the public 
                        for preventing and responding to acts 
                        of terrorism arising from such threats; 
                        and
                          (ii) be made available on the 
                        Internet Web site of the Department and 
                        other publicly accessible Internet Web 
                        sites, communication systems, and 
                        information networks.
          (3) Guidance to state, local, and tribal 
        authorities.--The Secretary, using information provided 
        by the terrorism risk assessments required under 
        section 2104 and other threat assessments available to 
        the Department--
                  (A) shall provide to State, local, and tribal 
                authorities written guidance on communicating 
                terrorism-related threats and risks to the 
                public within their jurisdictions; and
                  (B) shall identify the governmental rationale 
                for identifying particular communities as being 
                at heightened risk of exploitation.

SEC. 529. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.

  (a) In General.--The Secretary shall conduct a Metropolitan 
Medical Response System Program, that shall assist State and 
local governments in preparing for and responding to public 
health and mass casualty incidents resulting from acts of 
terrorism and natural disasters.
  (b) Financial Assistance.--
          (1) Authorization of grants.--
                  (A) In General.--The Secretary, through the 
                Administrator, may make grants under this 
                section to State and local governments to 
                assist in preparing for and responding to mass 
                casualty incidents resulting from acts of 
                terrorism and natural disasters.
                  (B) Consultation.--In developing guidance for 
                grants authorized under this section, the 
                Administrator shall consult with the Assistant 
                Secretary for Health Affairs of the Department.
          (2) Use of funds.--A grant made under this section 
        may be used to support the integration of emergency 
        management, health, and medical systems into a 
        coordinated response to mass casualty incidents caused 
        by any hazard, including--
                  (A) to strengthen medical surge capacity;
                  (B) to strengthen mass prophylaxis 
                capabilities including development and 
                maintenance of an initial pharmaceutical 
                stockpile sufficient to protect first 
                responders, their families, and immediate 
                victims from a chemical or biological event;
                  (C) to strengthen chemical, biological, 
                radiological, nuclear, and explosive detection, 
                response, and decontamination capabilities;
                  (D) to develop and maintain mass triage and 
                pre-hospital treatment plans and capabilities;
                  (E) for planning;
                  (F) to support efforts to strengthen 
                information sharing and collaboration 
                capabilities of regional, State, and urban 
                areas in support of public health and medical 
                preparedness;
                  (G) for medical supplies management and 
                distribution;
                  (H) for training and exercises;
                  (I) for integration and coordination of the 
                activities and capabilities of public health 
                personnel and medical care providers with those 
                of other emergency response providers as well 
                as other Federal agencies, the private sector, 
                and nonprofit organizations, for the forward 
                movement of patients; and
                  (J) for such other activities as the 
                Administrator provides.
          (3) Eligibility.--
                  (A) In general.--Except as provided in 
                subparagraph (B), any jurisdiction that 
                received funds through the Metropolitan Medical 
                Response System Program in fiscal year 2010 
                shall be eligible to receive a grant under this 
                section.
                  (B) Performance requirement after fiscal year 
                2012.--A jurisdiction shall not be eligible for 
                a grant under this subsection from funds 
                available after fiscal year 2012 unless the 
                Secretary determines that the jurisdiction 
                maintains a sufficient measured degree of 
                capability in accordance with the performance 
                measures issued under subsection (c).
          (4) Distribution of funds.--
                  (A) In general.--The Administrator shall 
                distribute grant funds under this section to 
                the State in which the jurisdiction receiving a 
                grant under this section is located.
                  (B) Pass through.--Subject to subparagraph 
                (C), not later than 45 days after the date on 
                which a State receives grant funds under 
                subparagraph (A), the State shall provide the 
                jurisdiction receiving the grant 100 percent of 
                the grant funds, and not later than 45 days 
                after the State releases the funds, all fiscal 
                agents shall make the grant funds available for 
                expenditure.
                  (C) Exception.--The Administrator may permit 
                a State to provide to a jurisdiction receiving 
                a grant under this section 97 percent of the 
                grant funds awarded if doing so would not 
                result in any jurisdiction eligible for a grant 
                under paragraph (3)(A) receiving less funding 
                than such jurisdiction received in fiscal year 
                2009.
          (5) Regional coordination.--The Administrator shall 
        ensure that each jurisdiction that receives a grant 
        under this section, as a condition of receiving such 
        grant, is actively coordinating its preparedness 
        efforts with surrounding jurisdictions, with the 
        official with primary responsibility for homeland 
        security (other than the Governor) of the government of 
        the State in which the jurisdiction is located, and 
        with emergency response providers from all relevant 
        disciplines, as determined by the Administrator, to 
        effectively enhance regional preparedness.
  (c) Performance Measures.--The Administrator, in coordination 
with the Assistant Secretary for Health Affairs, and the 
National Metropolitan Medical Response System Working Group, 
shall issue performance measures within one year after the date 
of enactment of this section that enable objective evaluation 
of the performance and effective use of funds provided under 
this section in any jurisdiction.
  (d) Metropolitan Medical Response System Working Group 
Defined.--In this section, the term ``National Metropolitan 
Medical Response System Working Group'' means--
          (1) 10 Metropolitan Medical Response System Program 
        grant managers, who shall--
                  (A) include one such grant manager from each 
                region of the Agency;
                  (B) comprise a population-based cross section 
                of jurisdictions that are receiving grant funds 
                under the Metropolitan Medical Response System 
                Program; and
                  (C) include--
                          (i) 3 selected by the Administrator; 
                        and
                          (ii) 3 selected by the Chief Medical 
                        Officer of the Department; and
          (2) 3 State officials who are responsible for 
        administration of State programs that are carried out 
        with grants under this section, who shall be selected 
        by the Administrator.
  (e) Authorization of Appropriations.--From the total amount 
authorized to be appropriated under this Act, $42,000,000 shall 
be authorized for appropriations to carry out the program for 
each of fiscal years 2012 through 2016.

SEC. 530. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
                    MODERNIZATION

  (a) In general.--In order to provide timely and effective 
warnings and disseminate homeland security and other 
information, the Secretary shall--
          (1) establish a national integrated public alert and 
        warning system (in this section referred to as ``the 
        system'') not later than one year after the date of the 
        enactment of this section; and
          (2) designate an agency within the Department to 
        receive, aggregate, validate, and authenticate homeland 
        security and other information originated by authorized 
        Federal, State, local, and tribal governments to 
        facilitate the transmission of the Personalized 
        Localized Alerting Network.
  (b) Implementation requirements.--In carrying out subsection 
(a), the Secretary shall--
          (1) establish, as appropriate, common alerting and 
        warning protocols, standards of performance, and 
        terminology for the system established under subsection 
        (a)(1) by adopting, where appropriate, mechanisms that 
        integrate various approaches developed by key 
        stakeholders;
          (2) include in the system the capability to adapt the 
        dissemination of homeland security and other 
        information and the content of communications on the 
        basis of geographic location, risks, or user 
        preferences, as appropriate;
          (3) include in the system the capability to alert and 
        warn individuals with disabilities and access and 
        functional needs;
          (4) ensure that the system is incorporated into the 
        training and exercise programs of the Department; and
          (5) coordinate, to the extent practicable, with other 
        Federal agencies and departments and with State, local, 
        and tribal governments, and other key stakeholders to 
        leverage existing alert and warning capabilities.
  (c) System requirements.--The Secretary shall ensure that the 
system--
          (1) incorporates redundant and diverse modes to 
        disseminate homeland security and other information in 
        warning messages to the public so as to reach the 
        greatest number of individuals;
          (2) can be adapted to incorporate future 
        technologies;
          (3) is resilient, secure, and can withstand acts of 
        terrorism and other external attacks;
          (4) delivers alerts to populations in remote areas; 
        and
          (5) promotes State, local, tribal, and regional 
        partnerships to enhance coordination.
  (d) Report.--Not later than one year after the date on which 
the system established under subsection (a) is fully functional 
and every six months thereafter, the Secretary shall report to 
the Committee on Homeland Security of the House of 
Representatives and the Homeland Security and Governmental 
Affairs Committee of the Senate on the functionality and 
performance of the integrated public alert and warning system, 
including--
          (1) an assessment of the accomplishments and 
        deficiencies of the system;
          (2) recommendations for improvements to the system; 
        and
          (3) information on the feasibility and effectiveness 
        of disseminating homeland security and other 
        information, notices, and alerts prior to and following 
        an incident requiring use of the system.

  TITLE VI--[TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED 
   FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS] 
             POLICY, PLANNING, AND OPERATIONS COORDINATION

SEC. 601. UNDER SECRETARY FOR POLICY.

  (a) In General.--There shall be in the Department an Under 
Secretary for Policy, who shall be appointed by the President, 
by and with the advice and consent of the Senate.
  (b) Responsibilities.--Subject to the direction and control 
of the Secretary, the Under Secretary for Policy shall--
          (1) serve as a principal policy advisor to the 
        Secretary;
          (2) supervise policy development for the programs, 
        offices, and activities of the Department;
          (3) establish and direct a formal policymaking 
        process for the Department;
          (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;
          (5) conduct long-range, risk-based, strategic 
        planning for the Department, including overseeing each 
        quadrennial homeland security review required under 
        section 707;
          (6) coordinate policy development undertaken by the 
        component agencies and offices of the Department; and
          (7) carry out such other functions as the Secretary 
        determines are appropriate, consistent with this 
        section.

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

  (a) In General.--The Department's Chief Operating Officers 
shall include--
          (1) the Chief Financial Officer;
          (2) the Chief Procurement Officer;
          (3) the Chief Information Officer;
          (4) the Chief Human Capital Officer;
          (5) the Chief Administrative Officer; and
          (6) the Chief Security Officer.
  (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--
          (1) the activities of personnel;
          (2) planning, operations, and training; and
          (3) the budget and other financial resources.
  (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.

SEC. 603. OFFICE OF POLICY.

  (a) Establishment.--There is established in the Department 
the Office of Policy, to be headed by the Under Secretary for 
Policy as authorized under the Department of Homeland Security 
Authorization Act for Fiscal Year 2012.
  (b) Functions of the Office of Policy.--The Office of Policy 
shall--
          (1) develop Department policies, programs, and 
        planning, consistent with the quadrennial homeland 
        security review, to promote and ensure quality, 
        consistency, and integration for the programs, offices, 
        and activities of the Department across all homeland 
        security missions;
          (2) develop and articulate the long-term strategic 
        view of the Department and translate the Secretary's 
        strategic priorities into capstone planning products 
        that drive increased operational effectiveness through 
        integration, prioritization, and resource allocation;
          (3) lead Departmental international engagement and 
        activities;
          (4) represent the Department position to other 
        Federal Agencies and the President; and
          (5) coordinate with policy officials in Departmental 
        components to ensure the effective and efficient 
        implementation of policy.

                         TITLE VII--MANAGEMENT

SEC. 701. UNDER SECRETARY FOR MANAGEMENT.

  (a) In General.--The Under Secretary for Management shall 
serve as the Chief Management Officer and principal advisor to 
the Secretary on matters related to the management of the 
Department, including management integration and transformation 
in support of homeland security operations and programs. The 
Secretary, acting through the Under Secretary for Management, 
shall be responsible for the management and administration of 
the Department, including the following:
          (1) * * *
          (2) [Procurement] Acquisition, as provided in 
        subsection (d).

           *       *       *       *       *       *       *

  (d) Acquisition and Related Responsibilities.--
          (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--
                  (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;
                  (B) directing all of the Department's 
                components with regard to the Under Secretary's 
                responsibility under this subsection;
                  (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;
                  (D) establishing policies for logistics, 
                maintenance, and sustainment support for all 
                components of the Department;
                  (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
                  (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.
          (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.

SEC. 702. CHIEF FINANCIAL OFFICER.

  (a) * * *
  (b) Program Analysis and Evaluation Function.--
          (1) * * *
          (2) Responsibilities.--The Office shall perform the 
        following functions:
                  (A) Analyze and evaluate plans, programs, and 
                budgets of the Department in relation to United 
                States homeland security objectives, projected 
                threats, vulnerability assessments, estimated 
                costs, resource constraints, and the most 
                recent homeland security strategy developed 
                pursuant to [section 874(b)(2)] section 
                2304(b)(2).
                  (B) Develop and perform analyses and 
                evaluations of alternative plans, programs, 
                personnel levels, and budget submissions for 
                the Department in relation to United States 
                homeland security objectives, projected 
                threats, vulnerability assessments, estimated 
                costs, resource constraints, and the most 
                recent homeland security strategy developed 
                pursuant to [section 874(b)(2)] section 
                2304(b)(2).

           *       *       *       *       *       *       *

                  (E) Provide guidance for, and oversee the 
                development of, the Future Years Homeland 
                Security Program of the Department, as 
                specified under [section 874] section 2304.

           *       *       *       *       *       *       *

          (4) Reorganization.--
                  (A) In general.--The Secretary may allocate 
                or reallocate the functions of the Office, or 
                discontinue the Office, in accordance with 
                [section 872(a)] section 2302(a).
                  (B) Exemption from limitations.--[Section 
                872(b)] Section 2302(b) shall not apply to any 
                action by the Secretary under this paragraph.

           *       *       *       *       *       *       *

SEC. 703. CHIEF INFORMATION OFFICER.

  (a) * * *
  (b) Responsibilities.--The Chief Information Officer shall--
          (1) advise and assist the Secretary, heads of the 
        components of the Department, and other senior officers 
        in carrying out the responsibilities of the Department 
        for all activities relating to the programs and 
        operations of the information technology functions of 
        the Department;
          (2) establish the information technology priorities, 
        policies, processes, standards, guidelines, and 
        procedures of the Department;
          (3) coordinate and ensure implementation of 
        information technology priorities, policies, processes, 
        standards, guidelines, and procedures within the 
        Department;
          (4) be responsible for information technology capital 
        planning and investment management in accordance with 
        sections 11312 and 11313 of title 40, United States 
        Code;
          (5) in coordination with the Chief Procurement 
        Officer of the Department, assume responsibility for 
        information systems acquisition, development, and 
        integration as required by section 11312 of title 40, 
        United States Code;
          (6) in coordination with the Chief Procurement 
        Officer of the Department, review and approve any 
        information technology acquisition with a total value 
        greater than a threshold level to be determined by the 
        Secretary;
          (7) in coordination with relevant officials of the 
        Department, ensure that information technology systems 
        meet the standards established under the information 
        sharing environment, as defined in section 1016 of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (6 U.S.C. 485);
          (8) perform other responsibilities required under 
        section 3506 of title 44, United States Code, and 
        section 11315 of title 40, United States Code; and
          (9) perform such other responsibilities as the 
        Secretary may prescribe.
  [(b)] (c) Geospatial Information Functions.--
          (1) * * *

           *       *       *       *       *       *       *

SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.

  (a) Requirement.--
          (1) Quadrennial reviews required.--In [fiscal year 
        2009] calendar year 2013, and every 4 years thereafter, 
        the Secretary shall conduct a review of the homeland 
        security of the Nation (in this section referred to as 
        a ``quadrennial homeland security review'').

           *       *       *       *       *       *       *

          (3) Consultation.--[The Secretary shall conduct each 
        quadrennial homeland security review under this 
        subsection] In order to ensure that each quadrennial 
        homeland security review conducted under this section 
        is coordinated with the quadrennial defense review 
        conducted by the Secretary of Defense under section 118 
        of title 10, United States Code, and any other major 
        strategic review relating to diplomacy, intelligence, 
        or other national security issues, the Secretary shall 
        conduct each quadrennial homeland security review in 
        consultation with--
                  (A) * * *

           *       *       *       *       *       *       *

          (4) Relationship with future years homeland security 
        program.--The Secretary shall ensure that each review 
        conducted under this section is coordinated with the 
        Future Years Homeland Security Program required under 
        [section 874] section 2304.
  [(b) Contents of Review.--In each quadrennial homeland 
security review, the Secretary shall--
          [(1) delineate and update, as appropriate, the 
        national homeland security strategy, consistent with 
        appropriate national and Department strategies, 
        strategic plans, and Homeland Security Presidential 
        Directives, including the National Strategy for 
        Homeland Security, the National Response Plan, and the 
        Department Security Strategic Plan;
          [(2) outline and prioritize the full range of the 
        critical homeland security mission areas of the Nation;
          [(3) describe the interagency cooperation, 
        preparedness of Federal response assets, 
        infrastructure, budget plan, and other elements of the 
        homeland security program and policies of the Nation 
        associated with the national homeland security 
        strategy, required to execute successfully the full 
        range of missions called for in the national homeland 
        security strategy described in paragraph (1) and the 
        homeland security mission areas outlined under 
        paragraph (2);
          [(4) identify the budget plan required to provide 
        sufficient resources to successfully execute the full 
        range of missions called for in the national homeland 
        security strategy described in paragraph (1) and the 
        homeland security mission areas outlined under 
        paragraph (2);
          [(5) include an assessment of the organizational 
        alignment of the Department with the national homeland 
        security strategy referred to in paragraph (1) and the 
        homeland security mission areas outlined under 
        paragraph (2); and
          [(6) review and assess the effectiveness of the 
        mechanisms of the Department for executing the process 
        of turning the requirements developed in the 
        quadrennial homeland security review into an 
        acquisition strategy and expenditure plan within the 
        Department.
  [(c) Reporting.--
          [(1) In general.--Not later than December 31 of the 
        year in which a quadrennial homeland security review is 
        conducted, the Secretary shall submit to Congress a 
        report regarding that quadrennial homeland security 
        review.
          [(2) Contents of report.--Each report submitted under 
        paragraph (1) shall include--
                  [(A) the results of the quadrennial homeland 
                security review;
                  [(B) a description of the threats to the 
                assumed or defined national homeland security 
                interests of the Nation that were examined for 
                the purposes of that review;
                  [(C) the national homeland security strategy, 
                including a prioritized list of the critical 
                homeland security missions of the Nation;
                  [(D) a description of the interagency 
                cooperation, preparedness of Federal response 
                assets, infrastructure, budget plan, and other 
                elements of the homeland security program and 
                policies of the Nation associated with the 
                national homeland security strategy, required 
                to execute successfully the full range of 
                missions called for in the applicable national 
                homeland security strategy referred to in 
                subsection (b)(1) and the homeland security 
                mission areas outlined under subsection (b)(2);
                  [(E) an assessment of the organizational 
                alignment of the Department with the applicable 
                national homeland security strategy referred to 
                in subsection (b)(1) and the homeland security 
                mission areas outlined under subsection (b)(2), 
                including the Department's organizational 
                structure, management systems, budget and 
                accounting systems, human resources systems, 
                procurement systems, and physical and technical 
                infrastructure;
                  [(F) a discussion of the status of 
                cooperation among Federal agencies in the 
                effort to promote national homeland security;
                  [(G) a discussion of the status of 
                cooperation between the Federal Government and 
                State, local, and tribal governments in 
                preventing terrorist attacks and preparing for 
                emergency response to threats to national 
                homeland security;
                  [(H) an explanation of any underlying 
                assumptions used in conducting the review; and
                  [(I) any other matter the Secretary considers 
                appropriate.
          [(3) Public availability.--The Secretary shall, 
        consistent with the protection of national security and 
        other sensitive matters, make each report submitted 
        under paragraph (1) publicly available on the Internet 
        website of the Department.
  [(d) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section.]
  (b) Scope of Review and Report.--
          (1) In general.--In each quadrennial homeland 
        security review, the Secretary shall--
                  (A) examine the homeland security aspects of 
                the security environment of the Nation, 
                including existing and potential homeland 
                security threats and challenges, and the effect 
                of laws, Presidential directives, national 
                strategies, and other relevant guidance 
                documents in meeting existing and potential 
                homeland security threats and challenges;
                  (B) review the capabilities and capacities 
                across the homeland security enterprise, and 
                the roles of executive agencies, States, local 
                governments, Indian tribes, and private 
                entities in providing those capabilities and 
                capacities;
                  (C) evaluate and prioritize the homeland 
                security mission areas of the Nation and 
                associated goals and objectives, and recommend 
                any necessary revisions to the mission areas, 
                goals, and objectives as appropriate;
                  (D) examine whether the capabilities and 
                capacities across the homeland security 
                enterprise should be adjusted based on any 
                proposed modifications to the mission areas, 
                goals, or objectives;
                  (E) identify additional capabilities and 
                capacities that may be needed across the 
                homeland security enterprise in response to 
                potential homeland security threats and 
                challenges, and the resources required to 
                provide the capabilities and capacities;
                  (F) identify redundant, wasteful, or 
                unnecessary capabilities and capacities where 
                resources can be redirected to support 
                capabilities and capacities identified under 
                subparagraph (E);
                  (G) evaluate the organization, organizational 
                structure, governance structure, and business 
                processes (including acquisition processes) of 
                the Department, as they relate to the ability 
                of the Department to meet the responsibilities 
                of the Department; and
                  (H) review any other matter the Secretary 
                considers appropriate.
          (2) Report.--During the year following the year in 
        which a quadrennial homeland security review is 
        conducted, and not later than the date on which the 
        budget of the President for the next fiscal year is 
        submitted to Congress under section 1105(a) of title 
        31, United States Code, the Secretary shall--
                  (A) submit to the appropriate congressional 
                committees a report--
                          (i) describing the process used in 
                        conducting the quadrennial homeland 
                        security review and explaining any 
                        underlying assumptions used in 
                        conducting the quadrennial homeland 
                        security review;
                          (ii) describing the findings and 
                        conclusions of the review, including 
                        findings and conclusions relating to 
                        each issue addressed under 
                        subparagraphs (A) through (H) of 
                        paragraph (1);
                          (iii) detailing any proposed 
                        revisions to the national homeland 
                        security strategy, including any 
                        proposed revisions to the homeland 
                        security missions, capabilities and 
                        capacities, goals, or objectives of the 
                        Nation;
                          (iv) 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;
                          (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
                          (vi) describing any other matter the 
                        Secretary considers appropriate; and
                  (B) consistent with the protection of 
                national security and other sensitive matters, 
                make the report required under subparagraph (A) 
                publicly available on the website of the 
                Department; and
                  (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.

SEC. 708. DEPARTMENT ACQUISITIONS AND PROCUREMENT REVIEW.

  (a) In General.--The Secretary shall review the proposed 
acquisitions and procurements by the Department.
  (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.
  (c) Acquisition Review Board.--
          (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).
          (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.
          (3) Subordinate boards and councils.--The Secretary 
        may establish subordinate boards and councils to 
        support the Acquisition Review Board.
  (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.
  (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.
  (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.

SEC. 709. CAPABILITIES AND REQUIREMENTS COUNCIL.

  (a) Establishment.--There is established a Capabilities and 
Requirements Council in the Department.
  (b) Mission.--The Capabilities and Requirements Council shall 
provide recommendations and assistance to the Secretary for the 
following:
          (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.
          (2) Harmonizing common investments and requirements 
        across Department organizational elements.
          (3) Reviewing the mission need associated with each 
        proposed investment or acquisition requirement 
        identified under paragraph (1).
          (4) Reviewing major investments across the Department 
        to ensure consistency with homeland security strategic 
        goals and objectives.
          (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).
          (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).
          (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.
          (8) Proposing schedules for delivery of the 
        operational capability needed to meet each homeland 
        security requirement identified under paragraph (1).
          (9) Identifying alternatives to any acquisition 
        program that meet homeland security requirements 
        identified under paragraph (1).
          (10) Providing recommendations to the Acquisition 
        Review Board established under section 708.
          (11) Performing any other duties established by the 
        Secretary.
  (c) Composition.--The Capabilities and Requirements Council 
is composed of--
          (1) the Under Secretary for Management of the 
        Department, who shall act as the Chairman of the 
        Council; and
          (2) appropriate representatives from the components 
        and organizational elements of the Department, as 
        determined by the Secretary.
  (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).

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.
  (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.
  (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.
  (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.

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--
          (1) making a contract award, other transaction 
        agreement, or task and delivery order exceeding 
        $10,000,000; or
          (2) announcing the intention to make such an award.
  (b) Exception.--If the Secretary determines that compliance 
with this section would pose a substantial risk to 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.

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.
  (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:
          (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.
          (2) Procedures for ensuring the managerial, 
        financial, and technical independence of providers of 
        independent verification and validation.
          (3) Methods for integrating independent verification 
        and validation results into program management.
  (c) Reporting to Congress.--The annual report required by 
section 708(e) shall--
          (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
          (2) provide an explanation of the decision not to 
        employ independent verification and validation.

SEC. 713. OPERATIONAL TEST AND EVALUATION.

  (a) Establishment.--There is established within the 
Department a Director of Operational Test and Evaluation.
  (b) Responsibilities, Authorities, and Functions.--The 
Director of Operational Test and Evaluation--
          (1) shall advise the Secretary, the Under Secretary 
        for Management, the Under Secretary for Science and 
        Technology, and the heads of other relevant components 
        of the Department regarding all activities related to 
        operational test and evaluation in the Department; and
          (2) shall--
                  (A) prescribe operational test and evaluation 
                policies and procedures for the Department, 
                which shall include policies to ensure that 
                operational testing is done at facilities that 
                already have relevant and appropriate safety 
                and material certifications to the extent such 
                facilities are available;
                  (B) ensure the effectiveness, reliability, 
                and suitability of operational testing and 
                evaluation activities planned and conducted by 
                or on behalf of components of the Department in 
                major acquisition programs of the Department;
                  (C) review and approve all operational test 
                plans and evaluation procedures for major 
                acquisition programs of the Department;
                  (D) provide the Department with independent 
                and objective assessments of the adequacy of 
                operational testing and evaluation activities 
                conducted by or on behalf of the Department for 
                major acquisition programs of the Department; 
                and
                  (E) coordinate operational testing conducted 
                jointly by more than one component of the 
                Department.
  (c) Access to Information.--The Director of Operational Test 
and Evaluation--
          (1) shall have prompt and full access to test and 
        evaluation and acquisition documents, data, and test 
        results of the Department that the Director considers 
        necessary in order to carry out the duties under this 
        section; and
          (2) may designate observers to be present during the 
        preparation for and the conducting of any operational 
        test and evaluation within the Department.
  (d) Limitation.--The Director is not required to carry out 
operational testing.

SEC. 714. STRATEGIC SOURCING FOR MARINE AND AVIATION ASSETS.

  Before the development and procurement by the Department of 
any marine or aviation asset or equipment, the Chief 
Procurement Officer for the Department shall coordinate with 
the chief procurement officers of the Department's components, 
as appropriate--
          (1) to identify common mission requirements; and
          (2) to the extent practicable, to standardize 
        equipment purchases, streamline the acquisition 
        process, improve efficiencies, and conduct best 
        practices for strategic sourcing that would unify 
        purchasing, address procurement issues, and improve 
        control and oversight of asset purchases.

SEC. 715. STRATEGIC SOURCING FOR DETECTION AND SCREENING TECHNOLOGY.

  (a) In General.--Before the development and procurement by 
the Department of any detection or screening technology, the 
Chief Procurement Officer for the Department shall coordinate 
with the chief procurement officers of the Department's 
components, as appropriate--
          (1) to identify common mission requirements; and
          (2) to the extent practicable, to standardize 
        equipment purchases, streamline the acquisition of 
        security screening technologies, improve efficiencies, 
        and conduct best practices for strategic sourcing that 
        would unify purchasing, address procurement issues, and 
        improve control and oversight of technology assets.
  (b) Detection or Screening Technology Defined.--In this 
section the term ``detection or screening technology'' includes 
x-ray equipment, metal detectors, and radiation detectors.

TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *

                        Subtitle D--Acquisitions

SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS.

  (a) Authority.--[Until September 30, 2011] Until September 
30, 2016, and subject to subsection (d), the Secretary may 
carry out a pilot program under which the Secretary may 
exercise the following authorities:
          (1) * * *

           *       *       *       *       *       *       *

  (b) Report.--[Not later than 2 years after the effective date 
of this Act, and annually thereafter] Not later than September 
30, 2015, the Comptroller General shall report to the Committee 
on Government Reform of the House of Representatives and the 
Committee on Governmental Affairs of the Senate on--
          (1) * * *

           *       *       *       *       *       *       *

  (d) Additional Requirements.--
          (1) In general.--The authority of the Secretary under 
        this section shall terminate [September 30, 2011] 
        September 30, 2016, unless before that date the 
        Secretary--
                  (A) * * *

           *       *       *       *       *       *       *

Subtitle E--Human Resources Management

           *       *       *       *       *       *       *

SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN 
                    EMPLOYEE PERFORMANCE APPRAISALS.

  (a) * * *
  (b) Definitions.--For purposes of this section--
          (1) the term ``National Drug Control Program Agency'' 
        means--
                  (A) * * *
                  (B) any subdivision of the Department that 
                has a significant counternarcotics 
                responsibility, as determined by--
                          (i) the counternarcotics officer, 
                        appointed under [section 878] section 
                        2308; or

           *       *       *       *       *       *       *

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.
  (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.

SEC. 847. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT AT THE SCIENCE 
                    AND TECHNOLOGY DIRECTORATE.

  (a) In General.--To the extent necessary to ensure that the 
Department has the personnel required to carry out the mission 
of the Science and Technology Directorate, the Secretary may--
          (1) make appointments to scientific or engineering 
        positions within such Directorate that require an 
        advanced degree without regard to the provisions of 
        title 5, United States Code, governing appointments in 
        the competitive service, other than sections 3303 and 
        3328 of such title; and
          (2) fix the pay of any personnel appointed under 
        paragraph (1) 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.
  (b) Limitation.--
          (1) In general.--Not more than 5 percent of the 
        occupied positions within the Directorate of Science 
        and Technology may at any time consist of positions 
        occupied by personnel appointed under this section.
          (2) Counting rule.--For purposes of applying the 
        limitation set forth in paragraph (1), determinations 
        under this subsection shall be made on a full-time 
        equivalent basis.
  (c) Termination.--The authority to make appointments under 
this section shall cease to be available after January 1, 2017.

           *       *       *       *       *       *       *

[Subtitle H--Miscellaneous Provisions]

           *       *       *       *       *       *       *

 [For former sections 874 and 879, as amended and redesignated by H.R. 
 3116 (as reported), see sections 2304 and 2309, respectively, below.]

[SEC. 874. FUTURE YEAR HOMELAND SECURITY PROGRAM.

  [(a) In General.--Each budget request submitted to Congress 
for the Department under section 1105 of title 31, United 
States Code, shall, at or about the same time, be accompanied 
by a Future Years Homeland Security Program.
  [(b) Contents.--The Future Years Homeland Security Program 
under subsection (a) shall--
          [(1) include the same type of information, 
        organizational structure, and level of detail as the 
        future years defense program submitted to Congress by 
        the Secretary of Defense under section 221 of title 10, 
        United States Code;
          [(2) set forth the homeland security strategy of the 
        Department, which shall be developed and updated as 
        appropriate annually by the Secretary, that was used to 
        develop program planning guidance for the Future Years 
        Homeland Security Program; and
          [(3) include an explanation of how the resource 
        allocations included in the Future Years Homeland 
        Security Program correlate to the homeland security 
        strategy set forth under paragraph (2).
  [(c) Effective Date.--This section shall take effect with 
respect to the preparation and submission of the fiscal year 
2005 budget request for the Department and for any subsequent 
fiscal year, except that the first Future Years Homeland 
Security Program shall be submitted not later than 90 days 
after the Department's fiscal year 2005 budget request is 
submitted to Congress.]

           *       *       *       *       *       *       *

[SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS.

  [(a) Establishment.--There is established within the Office 
of the Secretary an Office of International Affairs. The Office 
shall be headed by a Director, who shall be a senior official 
appointed by the Secretary.
  [(b) Duties of the Director.--The Director shall have the 
following duties:
          [(1) To promote information and education exchange 
        with nations friendly to the United States in order to 
        promote sharing of best practices and technologies 
        relating to homeland security. Such exchange shall 
        include the following:
                  [(A) Exchange of information on research and 
                development on homeland security technologies.
                  [(B) Joint training exercises of first 
                responders.
                  [(C) Exchange of expertise on terrorism 
                prevention, response, and crisis management.
          [(2) To identify areas for homeland security 
        information and training exchange where the United 
        States has a demonstrated weakness and another friendly 
        nation or nations have a demonstrated expertise.
          [(3) To plan and undertake international conferences, 
        exchange programs, and training activities.
          [(4) To manage international activities within the 
        Department in coordination with other Federal officials 
        with responsibility for counter-terrorism matters.]

           *       *       *       *       *       *       *

[SEC. 889. HOMELAND SECURITY FUNDING ANALYSIS IN PRESIDENT'S BUDGET.

  [(a) In General.--Section 1105(a) of title 31, United States 
Code, is amended by adding at the end the following:
          [``(33)(A)(i) a detailed, separate analysis, by 
        budget function, by agency, and by initiative area (as 
        determined by the administration) for the prior fiscal 
        year, the current fiscal year, the fiscal years for 
        which the budget is submitted, and the ensuing fiscal 
        year identifying the amounts of gross and net 
        appropriations or obligational authority and outlays 
        that contribute to homeland security, with separate 
        displays for mandatory and discretionary amounts, 
        including--
                  [``(I) summaries of the total amount of such 
                appropriations or new obligational authority 
                and outlays requested for homeland security;
                  [``(II) an estimate of the current service 
                levels of homeland security spending;
                  [``(III) the most recent risk assessment and 
                summary of homeland security needs in each 
                initiative area (as determined by the 
                administration); and
                  [``(IV) an estimate of user fees collected by 
                the Federal Government on behalf of homeland 
                security activities;
          [``(ii) with respect to subclauses (I) through (IV) 
        of clause (i), amounts shall be provided by account for 
        each program, project and activity; and
          [``(iii) an estimate of expenditures for homeland 
        security activities by State and local governments and 
        the private sector for the prior fiscal year and the 
        current fiscal year.
          [``(B) In this paragraph, consistent with the Office 
        of Management and Budget's June 2002 `Annual Report to 
        Congress on Combatting Terrorism', the term `homeland 
        security' refers to those activities that detect, 
        deter, protect against, and respond to terrorist 
        attacks occurring within the United States and its 
        territories.
          [``(C) In implementing this paragraph, including 
        determining what Federal activities or accounts 
        constitute homeland security for purposes of budgetary 
        classification, the Office of Management and Budget is 
        directed to consult periodically, but at least 
        annually, with the House and Senate Budget Committees, 
        the House and Senate Appropriations Committees, and the 
        Congressional Budget Office.''.
  [(b) Repeal of Duplicative Reports.--The following sections 
are repealed:
          [(1) Section 1051 of Public Law 105-85.
          [(2) Section 1403 of Public Law 105-261.
  [(c) Effective Date.--This section and the amendment made by 
this section shall apply beginning with respect to the fiscal 
year 2005 budget submission.

[SEC. 890. AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION ACT.

  [The Air Transportation Safety and System Stabilization Act 
(49 U.S.C. 40101 note) is amended--
          [(1) in section 408 by striking the last sentence of 
        subsection (c); and
          [(2) in section 402 by striking paragraph (1) and 
        inserting the following:
          [``(1) Air carrier.--The term `air carrier' means a 
        citizen of the United States undertaking by any means, 
        directly or indirectly, to provide air transportation 
        and includes employees and agents (including persons 
        engaged in the business of providing air transportation 
        security and their affiliates) of such citizen. For 
        purposes of the preceding sentence, the term `agent', 
        as applied to persons engaged in the business of 
        providing air transportation security, shall only 
        include persons that have contracted directly with the 
        Federal Aviation Administration on or after and 
        commenced services no later than February 17, 2002, to 
        provide such security, and had not been or are not 
        debarred for any period within 6 months from that 
        date.''.]

           *       *       *       *       *       *       *

Subtitle J--Secure Handling of Ammonium Nitrate

           *       *       *       *       *       *       *

SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM NITRATE.

  (a) In General.--The Secretary shall regulate the sale and 
transfer of ownership rights of ammonium nitrate by an ammonium 
nitrate facility and transfer of possession to entities that 
provide application services for ammonium nitrate in accordance 
with this subtitle to prevent the misappropriation or use of 
ammonium nitrate in an act of terrorism.

           *       *       *       *       *       *       *

  (f) Exemption for Transportation Providers.--The Secretary 
shall exempt from this subtitle persons engaged in 
transportation activities covered by chapter 51 or section 
114(d) of title 49, United States Code, who, in the 
determination of the Secretary, do no pose a security threat to 
homeland security based on existing security programs.
  [(f)] (g) Exemption for Explosive Purposes.--The Secretary 
may exempt from this subtitle a person producing, selling, or 
purchasing ammonium nitrate exclusively for use in the 
production of an explosive under a license or permit issued 
under chapter 40 of title 18, United States Code.
  [(g)] (h) Consultation.--In carrying out this section, the 
Secretary shall consult with the Secretary of Agriculture, 
States, and appropriate private sector entities, to ensure that 
the access of agricultural producers to ammonium nitrate is not 
unduly burdened.
  [(h)] (i) Data Confidentiality.--
          (1) * * *

           *       *       *       *       *       *       *

  [(i)] (j) Registration Procedures and Check of Terrorist 
Screening Database.--
          (1) * * *

           *       *       *       *       *       *       *

                 TITLE XVIII--EMERGENCY COMMUNICATIONS

SEC. 1801. OFFICE OF EMERGENCY COMMUNICATIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Responsibilities.--The Director for Emergency 
Communications shall--
          (1) * * *

           *       *       *       *       *       *       *

          (14) perform such other duties of the Department 
        necessary to support and promote the ability of 
        emergency response providers and relevant government 
        officials to continue to communicate in the event of 
        natural disasters, acts of terrorism, and other man-
        made disasters; [and]
          (15) perform other duties of the Department necessary 
        to achieve the goal of and maintain and enhance 
        interoperable emergency communications capabilities[.]; 
        and
          (16) provide guidance on interoperable emergency 
        communications to the Administrator of the Federal 
        Emergency Management Agency in accordance with the 
        memorandum of understanding required under section 
        1811.

           *       *       *       *       *       *       *

SEC. 1811. MEMORANDUM OF UNDERSTANDING ON EMERGENCY COMMUNICATIONS.

  The Administrator of the Federal Emergency Management Agency 
shall execute a memorandum of understanding with the Director 
of the Office of Emergency Communications delineating the roles 
and responsibilities of each office with respect to policy and 
guidance for communications-related expenditures with grant 
funds.

TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

           *       *       *       *       *       *       *

SEC. 1906. CONTRACTING AND GRANT MAKING AUTHORITIES.

  The Secretary, acting through the Director for Domestic 
Nuclear Detection, in carrying out the responsibilities under 
[paragraphs (6) and (7) of] section 1902(a), shall--
          (1) * * *
          (2) ensure that activities under [paragraphs (6) and 
        (7) of] section 1902(a) include investigations of 
        radiation detection equipment in configurations 
        suitable for deployment at seaports, which may include 
        underwater or water surface detection equipment and 
        detection equipment that can be mounted on cranes and 
        straddle cars used to move shipping containers; and

           *       *       *       *       *       *       *

SEC. 1908. RADIOLOGICAL AND NUCLEAR DETECTION AND COUNTERMEASURES 
                    RESEARCH, DEVELOPMENT, TESTING, AND EVALUATION.

  In carrying out radiological and nuclear research, 
development, testing and evaluation activities required under 
section 1902, the Director for the Domestic Nuclear Detection 
Office shall--
          (1) have authorities and carry out responsibilities 
        consistent with those established under sections 302, 
        305, 308, 309, 320, and 321 for all radiological and 
        nuclear research, development, testing, and evaluation 
        programs of the Department; and
          (2) utilize an appropriate iterative combination of 
        physical tests and computer modeling to provide an 
        analytical basis for assessing detector performance of 
        major radiological and nuclear detection acquisition 
        programs of the Department.

SEC. 1909. AWARENESS OF THE GLOBAL NUCLEAR DETECTION ARCHITECTURE.

  (a) In General.--In carrying out the responsibilities under 
paragraphs (3), (5), (8), and (9) of section 1902(a), the 
Director shall maintain awareness of the Global Nuclear 
Detection Architecture (in this section referred to as 
``GNDA'') and its assets, including availability of equipment 
and trained personnel, types of equipment, equipment detection 
events and data, relevant intelligence information, and other 
information as needed.
  (b) Data Exchange.--To support the activities under 
subsection (a), the Director and heads of agencies in the GNDA 
shall ensure that widely accepted, consensus-based data 
exchange standards are applied to detection and communications 
systems incorporated into the GNDA, to the extent practicable.

SEC. 1910. DOMESTIC IMPLEMENTATION OF THE GLOBAL NUCLEAR DETECTION 
                    ARCHITECTURE.

  (a) In General.--In carrying out the responsibilities of the 
office under section 1902(a)(4)(A), the Director shall provide 
support for planning, organization and sustainment, equipment, 
training, exercises, and operational assessments, to State, 
local, and tribal entities to assist in implementing preventive 
radiological and nuclear detection capabilities.
  (b) Domestic Interior Programs.--
          (1) Securing the cities.--The Director for Domestic 
        Nuclear Detection shall establish and maintain a 
        program to enhance, through State, local, tribal, and 
        private entities, the Nation's ability to detect and 
        prevent a radiological or nuclear attack in high-risk 
        United States cities, as determined by the Secretary.
          (2) Surge capabilities.--The Director shall 
        coordinate development of a surge capability for 
        radiological and nuclear detection systems that can be 
        deployed within the United States rapidly in response 
        to intelligence or warnings that includes procurement 
        of appropriate technology, training, exercises, 
        operational assessments, maintenance, and support.
          (3) Integration.--The programs under subsections (a) 
        and (b) shall be integrated into the global nuclear 
        detection architecture and inform architecture studies, 
        technology gaps, and research activities of the 
        Domestic Nuclear Detection Office.

TITLE XX--HOMELAND SECURITY GRANTS

           *       *       *       *       *       *       *

         Subtitle A--Grants to States and High-Risk Urban Areas

SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Notification.--The Administrator of the Federal Emergency 
Management Agency shall report to the Committee on Homeland 
Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate not 
less than three business days in advance of announcing publicly 
an allocation or award made pursuant to section 2003 or 2004.

SEC. 2003. URBAN AREA SECURITY INITIATIVE.

  (a) * * *
  (b) Assessment and Designation of High-Risk Urban Areas.--
          (1) * * *
          (2) Initial assessment.--
                  (A) In general.--For each fiscal year, the 
                Administrator shall conduct an initial 
                assessment of the relative threat, 
                vulnerability, and consequences from acts of 
                terrorism faced by each eligible metropolitan 
                area, including consideration of--
                          (i) the factors set forth in 
                        subparagraphs (A) through [(H) and (K)] 
                        (I) and (L) of section 2007(a)(1); and

           *       *       *       *       *       *       *

SEC. 2007. PRIORITIZATION.

  (a) In General.--In allocating funds among States and high-
risk urban areas applying for grants under section 2003 or 
2004, the Administrator shall consider, for each State or high-
risk urban area--
          (1) its relative threat, vulnerability, and 
        consequences from acts of terrorism, including 
        consideration of--
                  (A) its population, including appropriate 
                consideration of military, tourist (including 
                cruise ship passengers), and commuter 
                populations;

           *       *       *       *       *       *       *

                  (H) the number of border crossings at land, 
                air, and maritime ports of entry;
                  [(H)] (I) its likely need to respond to acts 
                of terrorism occurring in nearby jurisdictions;
                  [(I)] (J) the extent to which it has unmet 
                target capabilities;
                  [(J)] (K) in the case of a high-risk urban 
                area, the extent to which that high-risk urban 
                area includes--
                          (i) * * *

           *       *       *       *       *       *       *

                  [(K)] (L) such other factors as are specified 
                in writing by the Administrator; and

           *       *       *       *       *       *       *

SEC. 2008. USE OF FUNDS.

  (a) Permitted Uses.--The Administrator shall permit the 
recipient of a grant under section 2003 or 2004 to use grant 
funds to achieve target capabilities related to preventing, 
preparing for, protecting against, and responding to acts of 
terrorism, consistent with a State homeland security plan and 
relevant local, tribal, and regional homeland security plans, 
through--
          (1) * * *
          (2) designing, conducting, and evaluating training 
        and exercises, including training conducted in 
        conjunction with a national laboratory or research 
        facility and training and exercises conducted under 
        section 512 of this Act and section 648 of the Post-
        Katrina Emergency Management Reform Act of 2006 (6 
        U.S.C. 748);

           *       *       *       *       *       *       *

          (12) any activity permitted under the Fiscal Year 
        2007 Program Guidance of the Department for the State 
        Homeland Security Grant Program, the Urban Area 
        Security Initiative (including activities permitted 
        under the full-time counterterrorism staffing pilot), 
        or the Law Enforcement Terrorism Prevention Program; 
        [and]
          (13) improving public alert and warning capabilities; 
        and
          [(13)] (14) any other appropriate activity, as 
        determined by the Administrator.

           *       *       *       *       *       *       *

Subtitle B--Grants Administration

           *       *       *       *       *       *       *

SEC. 2024. TRANSPARENCY IN HOMELAND SECURITY GRANT FUNDING.

  (a) In General.--The Assistant Administrator of the Grant 
Programs Directorate, or an official otherwise designated by 
the Administrator, shall serve as the Authorization Liaison 
Officer within the Federal Emergency Management Agency.
  (b) Reporting to Congress.--The Authorization Liaison Officer 
shall provide timely information on all grants administered by 
the Federal Emergency Management Agency upon request to the 
appropriate congressional committees.
  (c) Semiannual Reporting.--
          (1) In general.--The Administrator of the Federal 
        Emergency Management Agency shall submit a written 
        report to the appropriate congressional committees, on 
        not less than a semiannual basis, that provides a full 
        accounting of funds awarded by the Department under all 
        homeland security grant programs administered by the 
        Federal Emergency Management Agency for the previous 
        five fiscal years, ending with the year in which the 
        report is provided.
          (2) Scope of reports.--The Authorization Liaison 
        Officer shall ensure, to the greatest extent 
        practicable, that each report under this subsection 
        includes a full accounting of funds awarded by the 
        Department under all homeland security grant programs 
        administered by the Federal Emergency Management Agency 
        for the previous five fiscal years, ending with the 
        year in which the report is provided, including--
                  (A) the number and type of projects approved, 
                by grantee;
                  (B) the amount of funds awarded for each 
                project;
                  (C) the amount of funds available for each 
                project;
                  (D) the date on which those funds were made 
                available;
                  (E) the amount of funds not yet released by 
                the Department, by project; and
                  (F) the reasons funds have not been released, 
                by project.
  (d) Measures and Metrics.--
          (1) Quarterly provision of information to congress.--
        The Assistant Administrator of the Grant Programs 
        Directorate shall provide information quarterly to the 
        appropriate congressional committees on its efforts to 
        develop performance measures and metrics for the 
        Homeland Security Grant Program pursuant to section 
        2023 of the Homeland Security Act of 2002 (6 U.S.C. 
        613), until the development and implementation of such 
        performance measures and metrics.
          (2) Biannual briefings.--After the development and 
        implementation of such performance measures and 
        metrics, the Assistant Administrator shall provide 
        biannual briefings to the appropriate congressional 
        committees on the expenditure of grant funds and the 
        Assistant Administrator's findings based on the 
        metrics, including an assessment of the extent which 
        funding under the Homeland Security Grant Program has 
        contributed to building and sustaining State and local 
        preparedness and response capabilities to address 
        terrorism threats and other emergencies.

                 TITLE XXI--WEAPONS OF MASS DESTRUCTION

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.
  (b) Components.--The strategy shall--
          (1) delineate those areas of biodefense for which the 
        Department is explicitly responsible;
          (2) include an inventory of the Department's 
        biodefense capabilities and assets;
          (3) be sufficiently detailed to guide prioritization 
        of Department investments in and strategic approach to 
        biodefense-related research, development, planning, and 
        preparedness; and
          (4) include an implementation plan to enable the 
        Department to carry out the objectives contained in the 
        strategy.
  (c) Annual Review.--
          (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.
          (2) Consideration of biodefense policy.--Each review 
        shall--
                  (A) identify continuing gaps or 
                vulnerabilities in the Department's biodefense 
                posture;
                  (B) make recommendations for refining the 
                Department's biodefense investments; and
                  (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.

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.

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

  (a) In General.--The Office of Intelligence and Analysis of 
the Department shall--
          (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;
          (2) support homeland security-focused intelligence 
        analysis of global infectious disease, public health, 
        food, agricultural, and veterinary issues;
          (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;
          (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;
          (5) share information and provide tailored analytical 
        support on these threats to State, local, and tribal 
        authorities; and
          (6) perform other responsibilities, as assigned by 
        the Secretary.
  (b) Coordination.--Where appropriate, the Office of 
Intelligence and Analysis shall--
          (1) coordinate with other relevant Department 
        components;
          (2) consult with others in the Intelligence 
        Community, including State, local, and tribal 
        authorities, in particular officials from high-threat 
        areas; and
          (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.
  (c) Report.--
          (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--
                  (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
                  (B) the Department's activities in accordance 
                with relevant intelligence strategies.
          (2) Assessment of implementation.--The report shall 
        include--
                  (A) a description of methods established to 
                assess progress of the Office of Intelligence 
                and Analysis in implementing this section; and
                  (B) such assessment.

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--
          (1) produce and update periodically a terrorism risk 
        assessment of chemical, biological, radiological, and 
        nuclear threats; and
          (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.
  (b) Methodology.--
          (1) In general.--The Secretary shall--
                  (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;
                  (B) conduct sensitivity analysis on each 
                assessment to identify and prioritize research 
                activities to close knowledge gaps; and
                  (C) consider the evolving threat from an 
                intelligent adversary.
          (2) Inclusion in assessment.--Each assessment under 
        subsection (a) shall include a description of the 
        methodology used for the assessment.
  (c) Usage.--The assessments required under subsection (a) 
shall be used to inform and guide risk management decisions, 
including--
          (1) the threat assessments and determinations by the 
        Secretary regarding agents and toxins pursuant to 
        section 319F-2 of the Public Health Service Act;
          (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;
          (3) prioritization of medical countermeasure 
        research, development, acquisition, and distribution 
        activities and other national strategic biodefense 
        research;
          (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
          (5) other homeland security activities as determined 
        appropriate by the Secretary and the heads of other 
        agencies.
  (d) Input and Sharing.--The Secretary shall, for each 
assessment required under subsection (a)--
          (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;
          (2) ensure that written procedures are in place to 
        guide the development and review of risk assessments 
        through coordinated efforts of relevant Federal 
        agencies;
          (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
          (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.

SEC. 2105. DETECTION OF BIOLOGICAL ATTACKS.

  (a) Program.--The Secretary shall carry out a program to 
detect a biological attack or event that poses a high risk to 
homeland security. Through such program, the Secretary shall--
          (1) deploy detection capabilities to areas, based on 
        risks identified by Department assessments, to indicate 
        the presence of biological agents;
          (2) consider multiple deployment strategies including 
        surge capability;
          (3) provide information to participating laboratories 
        and programs for their use in monitoring public health, 
        and biological material or other data from those 
        detectors to participating laboratories and programs 
        for testing and evaluation;
          (4) regularly communicate with, and provide 
        information about the presence of biological agents to, 
        appropriate Federal, State, and local agencies 
        responsible for public health, law enforcement, and 
        emergency services, in a manner that ensures 
        transparency with the governments served by such 
        personnel;
          (5) provide advanced planning tools, concepts of 
        operations (including alarm resolution protocols and 
        response guidance), and training exercises (including 
        in collaboration with relevant national level 
        exercises) for collective response to and recovery from 
        biological attacks; and
          (6) provide technical assistance to jurisdictions 
        hosting the program to improve their ability to respond 
        to a detected pathogen.
  (b) Program Requirements.--Under the program required under 
subsection (a), the Secretary shall--
          (1) enter into memoranda of agreement or interagency 
        agreements under the Economy Act of 1933 (31 U.S.C. 
        1535 et seq.) with the Director of the Centers of 
        Disease Control and Prevention and the Administrator of 
        the Environmental Protection Agency, and the heads of 
        other Federal departments and agencies, setting forth 
        roles and responsibilities, including with respect to 
        validating performance and developing testing protocols 
        for participating laboratories and coordination with 
        appropriate State, local, and tribal agencies;
          (2) establish criteria for determining whether plans 
        for biological detector capabilities and coverage 
        sufficiently protect the United States population, and 
        make such determinations on an annual basis;
          (3) acting through the Under Secretary for Science 
        and Technology, and in consultation with the heads of 
        other relevant departments and agencies, implement a 
        process for establishing assay performance standards 
        and evaluation for equivalency for biological threat 
        assays, that--
                  (A) evaluates biological threat detection 
                assays, their protocols for use, and their 
                associated response algorithms for confirmation 
                of biological threat agents, taking performance 
                measures and concepts of operation into 
                consideration;
                  (B) develops peer-reviewed assay performance 
                and equivalency standards based on the findings 
                of the evaluation under subparagraph (A);
                  (C) requires implementation of the standards 
                developed under subparagraph (B) for all 
                Department biological detection programs;
                  (D) makes such standards available and 
                promotes their use to support all other Federal 
                biological detection programs; and
                  (E) is updated as necessary;
          (4) prior to obligating funds to acquire biodetection 
        systems for purposes of operational testing and 
        evaluation, require--
                  (A) a determination of the sensitivity and 
                specificity of the currently deployed 
                biodetection system;
                  (B) an assessment of the sensitivity and 
                specificity of the next generation biodetection 
                system or systems under consideration for 
                acquisition and whether it meets established 
                operational requirements;
                  (C) provision of all raw data to the Science 
                and Technology Directorate to enable the Under 
                Secretary to--
                          (i) conduct a trade-off study 
                        comparing the results of subparagraphs 
                        (A) and (B); and
                          (ii) perform a technical readiness 
                        assessment in accordance with section 
                        308(b); and
                  (D) that the findings under subparagraph (C) 
                inform the cost-benefit analysis under 
                paragraph (5)(A) and any acquisition decision 
                made by the Acquisition Review Board under 
                section 708(c) of the biodetection system or 
                systems under consideration; and
          (5) prior to acquiring and deploying biodetection 
        technology, require--
                  (A) a cost-benefit analysis, including an 
                analysis of alternatives, that shall be 
                informed by the terrorism risk assessments 
                under section 503;
                  (B) operational testing and evaluation;
                  (C) operational assessment by the end users 
                of the technology; and
                  (D) the Department, other relevant executive 
                agencies, and local jurisdictions intended to 
                host the systems to agree on concepts of 
                operations for resolving alarms.
  (c) Contract Authority.--The Secretary may enter into 
contracts with participating laboratories and programs for--
          (1) the provision of laboratory services or other 
        biosurveillance activities as appropriate for purposes 
        of this section on a fee-for-service basis or on a 
        prepayment or other similar basis; and
          (2) administrative and other costs related to hosting 
        program personnel and equipment in these laboratories 
        or programs.
  (d) Definitions.--In this section:
          (1) The term ``participating laboratory'' means a 
        laboratory that has been accepted as a member of the 
        Laboratory Response Network for Bioterrorism that--
                  (A) is fully equipped to detect and respond 
                quickly to acts of biological terrorism;
                  (B) provides biocontainment and 
                microbiological analysis in support of the 
                Department and relevant law enforcement 
                agencies with responsibilities for 
                investigating biological incidents; and
                  (C) supports threat agent characterization 
                studies and assay evaluation, research and 
                development.
          (2) The term ``assay'' means any scientific test that 
        is designed to detect the presence of a biological 
        threat agent that is of a type selected under criteria 
        established by the Secretary.

SEC. 2106. RAPID BIOLOGICAL THREAT DETECTION AND IDENTIFICATION AT 
                    PORTS OF ENTRY.

  (a) In General.--The Secretary of Homeland Security shall 
require the Under Secretary for Science and Technology, in 
consultation with the heads of other relevant operational 
components of the Department of Homeland Security, to assess 
whether the development of technological screening capabilities 
for biological agents, pandemic influenza, and other infectious 
diseases should be undertaken by the Science and Technology 
Directorate to support entry and exit screening at ports of 
entry and for other homeland security purposes.
  (b) Development of Methods.--If the Under Secretary 
determines that the development of such screening capabilities 
should be undertaken, the Secretary shall, to the extent 
possible, initiate development of safe and effective methods 
to--
          (1) rapidly screen incoming persons at ports of entry 
        for biological agents, pandemic influenza, and other 
        infectious diseases; and
          (2) obtain results of such screening near the point 
        of entry.

SEC. 2107. PLUME MODELING.

  (a) Development.--
          (1) In general.--The Secretary shall acquire, use, 
        and disseminate the best available integrated plume 
        models to enable rapid response activities following a 
        chemical, biological, nuclear, or radiological attack 
        or event.
          (2) Scope.--The Secretary shall--
                  (A) identify Federal, State, and local needs 
                regarding plume models and ensure the rapid 
                development and distribution of integrated 
                plume models that meet those needs to 
                appropriate officials of the Federal Government 
                and State, local, and tribal authorities to 
                enable immediate response to a chemical, 
                biological, or radiological attack or event;
                  (B) establish mechanisms for dissemination by 
                appropriate emergency response officials of the 
                integrated plume models described in paragraph 
                (1) to nongovernmental organizations and the 
                public to enable appropriate collective 
                response activities;
                  (C) ensure that guidance and training in how 
                to appropriately use such models are provided; 
                and
                  (D) ensure that lessons learned from 
                assessing the development and dissemination of 
                integrated plume models during exercises 
                administered by the Department are put into the 
                lessons learned information sharing system 
                maintained by the Department.
  (b) Definitions.--For purposes of this section:
          (1) Plume model.--The term ``plume model'' means the 
        assessment of the location and prediction of the spread 
        of agents following a chemical, biological, 
        radiological, or nuclear attack or event.
          (2) Integrated plume model.--The term ``integrated 
        plume model'' means a plume model that integrates 
        protective action guidance and other information as the 
        Secretary determines appropriate.

SEC. 2108. IDENTIFYING AND ADDRESSING GAPS IN RECOVERY CAPABILITIES.

  (a) Risk Assessment.--
          (1) Tailored risk assessment.--The Secretary, acting 
        through the Under Secretary for Science and Technology, 
        shall conduct tailored risk assessments to inform 
        prioritization of national recovery activities for 
        chemical, biological, radiological, and nuclear 
        incidents, to be updated as necessary.
          (2) Considerations.--In conducting the risk 
        assessments under paragraph (1), the Secretary shall--
                  (A) consult with the heads of other relevant 
                Federal departments and agencies;
                  (B) consider recovery of both indoor areas 
                and outdoor environments; and
                  (C) consider relevant studies previously 
                prepared by other Federal agencies, or other 
                appropriate stakeholders.
          (3) Collaboration.--Upon completion of the risk 
        assessments required by this section, the Secretary 
        shall provide the findings to the heads of relevant 
        Federal agencies in order to inform ongoing and future 
        work, including research and guidance development, 
        undertaken by those agencies in recovery and 
        remediation from chemical, biological, radiological, or 
        nuclear incidents.
  (b) Research.--The results of the risk assessment under this 
section shall inform appropriate Federal research to address 
the high-risk capability gaps uncovered by each assessment.

SEC. 2109. RECOVERY FROM CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 
                    NUCLEAR ATTACKS OR INCIDENTS.

  (a) Establishment of Guidance.--Within 24 months from the 
date of enactment of this Act, the Secretary, in consultation 
with the heads of other appropriate Federal departments and 
agencies, shall develop and issue guidance for clean-up and 
restoration of indoor and outdoor areas, including subways and 
other mass transportation facilities, that have been exposed to 
chemical, biological, radiological, or nuclear materials.
  (b) Contents.--The guidance developed under subsection (a) 
shall clarify Federal roles and responsibilities for assisting 
State, local, and tribal authorities and include risk-based 
recommendations for--
          (1) standards for effective decontamination of 
        affected sites;
          (2) standards for safe post-event occupancy of 
        affected sites, including for vulnerable populations 
        such as children and individuals with health concerns;
          (3) requirements to ensure that the decontamination 
        procedures for responding organizations do not 
        conflict;
          (4) requirements that each responding organization 
        uses a uniform system for tracking costs and 
        performance of clean-up contractors;
          (5) maintenance of negative air pressure in 
        buildings;
          (6) standards for proper selection and use of 
        personal protective equipment;
          (7) air sampling procedures;
          (8) development of occupational health and safety 
        plans that are appropriate for the specific risk to 
        responder health; and
          (9) waste disposal.
  (c) Review and Revision of Guidance.--The Secretary shall--
          (1) not less frequently than once every two years, 
        review the guidance developed under subsection (a);
          (2) make revisions to the guidance as appropriate; 
        and
          (3) make the revised guidance available to the 
        Federal Government, State, local, and tribal 
        authorities, nongovernmental organizations, the private 
        sector, and the public.
  (d) Procedures for Developing and Revising Guidance.--In 
carrying out the requirements of this section, the Secretary 
shall establish procedures to--
          (1) prioritize issuance of guidance based on the 
        results of the risk assessment conducted pursuant to 
        section 2108;
          (2) inventory existing relevant guidance;
          (3) enable the public to submit recommendations of 
        areas in which guidance is needed;
          (4) determine which entities should be consulted in 
        developing or revising the guidance;
          (5) prioritize, on a regular basis, guidance that 
        should be developed or revised; and
          (6) develop and disseminate the guidance in 
        accordance with the prioritization under paragraph (5).
  (e) Consultations.--The Secretary shall develop and revise 
the guidance developed under subsection (a), and the procedures 
required under subsection (d), in consultation with--
          (1) the heads of other Federal departments and 
        agencies, as appropriate;
          (2) State, local, and tribal authorities; and
          (3) nongovernmental organizations and private 
        industry.

SEC. 2110. EXERCISES.

  To facilitate environmental recovery from a chemical, 
biological, radiological, or nuclear attack or other incident 
involving chemical, biological, radiological, or nuclear 
materials and to foster collective response to terrorism, the 
Secretary shall develop exercises in consultation with State, 
local, and tribal authorities and other appropriate Federal 
agencies, and, as appropriate, in collaboration with national 
level exercises, including exercises that address, to the best 
knowledge available at the time, analysis, indoor environmental 
cleanup methods, and decontamination standards, including those 
published in the guidance documents required by section 2109.

SEC. 2111. RURAL RESILIENCE INITIATIVE.

  (a) In General.--The Under Secretary for Science and 
Technology of the Department of Homeland Security shall conduct 
research intended to assist State, local, and tribal leaders 
and the private sector in developing the tools and methods to 
enhance rural preparation for, and response and resilience to, 
terrorist attacks and other incidents.
  (b) Included Activities.--Activities under this section may 
include--
          (1) research and implementation through outreach 
        activities with rural communities;
          (2) an examination of how communities employ 
        resilience capabilities and response assets;
          (3) development and use of a community resilience 
        baseline template for determining the resilience 
        capacity of a rural community;
          (4) a plan to address community needs for resilience;
          (5) an education program for community leaders and 
        first responders about their resilience capacity and 
        mechanisms for mitigation, including via distance 
        learning; and
          (6) a mechanism by which this research can serve as a 
        model for adoption by communities across the Nation.

                 TITLE XXIII--MISCELLANEOUS PROVISIONS

SEC. [871] 2301. ADVISORY COMMITTEES.

  (a) * * *

           *       *       *       *       *       *       *

SEC. [872] 2302. REORGANIZATION.

  (a) Reorganization.--The Secretary may allocate or reallocate 
functions among the officers of the Department, and may 
establish, consolidate, alter, or discontinue organizational 
units within the Department, but [only--
          [(1) pursuant to section 1502(b); or
          [(2) after] only after the expiration of 60 days 
        after providing notice of such action to the 
        appropriate congressional committees, which shall 
        include an explanation of the rationale for the action.
  [(b) Limitations.--
          [(1) In general.--Authority under subsection (a)(1) 
        does not extend to the abolition of any agency, entity, 
        organizational unit, program, or function established 
        or required to be maintained by this Act.
          [(2) Abolitions.--Authority under subsection (a)(2) 
        does not extend to the abolition of any agency, entity, 
        organizational unit, program, or function established 
        or required to be maintained by statute.]
  (b) Limitations on Other Reorganization Authority.--
          (1) In general.--Authority under subsection (a) shall 
        not extend to the discontinuance, abolition, 
        substantial consolidation, alteration, or transfer of 
        any agency, entity, organizational unit, program, or 
        function established or required to be maintained by 
        statute.
          (2) Exception.--
                  (A) In general.--Notwithstanding paragraph 
                (1), if the President determines it to be 
                necessary because of an imminent threat to 
                homeland security, a function, power, or duty 
                vested by law in the Department, or an officer, 
                official, or agency thereof, may be 
                transferred, reassigned, or consolidated within 
                the Department.
                  (B) Notice.--Not later than 30 days after the 
                date on which the President makes a transfer, 
                reassignment, or consolidation under 
                subparagraph (A), the President shall notify 
                the appropriate congressional committees of the 
                transfer, reassignment, or consolidation.
                  (C) Duration.--A transfer, reassignment, or 
                consolidation under subparagraph (A) shall 
                remain in effect only until the President 
                determines that the threat to homeland security 
                has terminated or is no longer imminent.
  (c) Publication.--Not later than 30 days after the date on 
which the President or the Secretary makes a transfer, 
allocation, assignment, consolidation, alteration, 
establishment, or discontinuance under this section, the 
President or the Secretary shall publish in the Federal 
Register--
          (1) the reasons for the action taken; and
          (2) a list of each statutory provision implicated by 
        the action.
  (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.

SEC. [873] 2303. USE OF APPROPRIATED FUNDS.

  (a) * * *

           *       *       *       *       *       *       *

 [Showing former section 874, as amended and redesignated by H.R. 3116 
                            (as reported).]

SEC. 2304. FUTURE-YEARS HOMELAND SECURITY PROGRAM.

  (a) In General.--Not later than the 30 days following the 
date of each fiscal year on which the budget of the President 
is submitted to Congress under section 1105(a) of title 31, 
United States Code, the Secretary shall submit to the 
appropriate congressional committees a future-years homeland 
security program that provides detailed estimates of the 
projected expenditures and corresponding requests for 
appropriations included in that budget. The future-years 
homeland security program shall cover the fiscal year for which 
the budget is submitted as well as the four succeeding fiscal 
years.
  (b) Consistency of Budget Request With Estimates of Necessary 
Expenditures and Appropriations.--For each fiscal year, the 
Secretary shall endeavor to ensure that the projected amounts 
specified in program and budget information submitted to 
Congress in support of the President's budget request are 
consistent with the estimates for expenditures and proposed 
appropriations necessary to support the programs, projects, and 
activities of the Department included in the budget pursuant to 
section 1105(a) (5) of title 31, United States Code.
  (c) Explanation of Alignment With Strategies and Plans.--
Together with the detailed estimates of the projected 
expenditures and corresponding requests for appropriations 
submitted for the future years homeland security program, the 
Secretary shall provide an explanation of how those estimates 
and requests align with the homeland security strategies and 
plans developed and updated as appropriate by the Secretary.
  (d) Projection of Acquisition Estimates.--Each futures year 
homeland security funding program shall project acquisition 
estimates for a period of 5 fiscal years, with specified 
estimates for each fiscal year, for all technology acquisitions 
within the Department and each component therein, including 
refresh and sustainment expenses, as well as the annual 
deployment schedule of any acquisition with a total cost over 
the 5-fiscal-year period estimated to exceed $50,000,000.
  (e) Contingency Amounts.--Nothing in this section shall be 
construed as prohibiting the inclusion in the future-years 
homeland security program of amounts for management 
contingencies, subject to the requirements of subsection (b).
  (f) Availability of Information to the Public.--The Secretary 
shall make available to the public in electronic form the 
information required to be submitted to Congress under this 
section, except those portions that are deemed to be classified 
in nature under the parameters of section 537 of the Department 
of Homeland Security Appropriations Act, 2006 (6 U.S.C. 114).

SEC. [875] 2305. MISCELLANEOUS AUTHORITIES.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Protection of Name, Initials, Insignia, and Seal.--
          (1) Protection.--Except with the written permission 
        of the Secretary, no person may knowingly use, in 
        connection with any advertisement, commercial activity, 
        audiovisual production (including, but not limited to, 
        film or television production), impersonation, Internet 
        domain name, Internet e-mail address, or Internet web 
        site, merchandise, retail product, or solicitation in a 
        manner reasonably calculated to convey the impression 
        that the Department of Homeland Security or any 
        organizational element of the Department has approved 
        endorsed, or authorized such use, any of the following 
        (or any colorable imitation thereof):
                  (A) the words ``Department of Homeland 
                Security'', the initials ``DHS'', or the 
                insignia seal of the Department; or
                  (B) any ``DHS visual identities'' meaning DHS 
                or DHS Component name, initials, seal, 
                insignia, trade or certification marks of DHS 
                or any DHS Component or any combination, 
                variation, or colorable imitation of indicia 
                alone or in combination with other words to 
                convey the impression of affiliation, 
                connection, approval, or endorsement by DHS or 
                any DHS component; or
                  (C) the name, initials, insignia, or seal of 
                any organizational element/component (including 
                any former such element/component) of the 
                Department.
          (2) Civil proceedings.--Whenever it appears to the 
        Attorney General that any person is engaged or is about 
        to engage in an act or practice which constitutes or 
        will constitute conduct prohibited by subsection 
        (d)(1), the Attorney General may initiate a civil 
        proceeding in a district court of the United State to 
        enjoin such at or practice. Such court shall proceed as 
        soon as practicable to the hearing and determination of 
        such action and may, at any time before final 
        determination, enter such retraining orders or 
        prohibitions, or take such other actions as is 
        warranted, to prevent injury to the United State or to 
        any person or class of persons for whose protection the 
        act is brought.
          (3) Definition.--For the purpose of this subsection, 
        the term ``audiovisual production'' means the 
        production of a work that consists of a series of 
        related images which are intrinsically intended to be 
        shown by the use of machines or devices such as 
        projectors, viewers, or electronic equipment, together 
        with accompanying sounds, if any, regardless of the 
        nature of the material objects, such as films or taps, 
        in which the work is embodied.

SEC. [876] 2306. MILITARY ACTIVITIES.

  Nothing in this Act shall confer upon the Secretary any 
authority to engage in warfighting, the military defense of the 
United States, or other military activities, nor shall anything 
in this Act limit the existing authority of the Department of 
Defense or the Armed Forces to engage in warfighting, the 
military defense of the United States, or other military 
activities.

SEC. [877] 2307. REGULATORY AUTHORITY AND PREEMPTION.

  (a) * * *

           *       *       *       *       *       *       *

SEC. [878] 2308. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.

  (a) * * *

           *       *       *       *       *       *       *

 [Showing former section 879, as amended and redesignated by H.R. 3116 
                            (as reported).]

SEC. 2309. 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.
  (b) Responsibilities of the Assistant Secretary.--The 
Assistant Secretary for International Affairs shall--
          (1) 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;
          (2) advise, inform, and assist the Secretary, in 
        consultation with overseas Department personnel, on 
        strategies, foreign policy matters, and Department 
        international programs;
          (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;
          (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 and monitor the ability 
        of Department's components to comply with 
        implementation;
          (5) develop and distribute guidance on Department 
        policy priorities for overseas functions to personnel 
        deployed overseas that, at a minimum, sets forth the 
        regional and national priorities being advanced by 
        their deployment;
          (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;
          (7) 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 to ensure that 
        Department personnel deployed abroad have proper 
        resources and receive adequate and timely support;
          (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;
          (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
          (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.
  (c) Responsibilities of the Components of the Department.--
          (1) Notice of foreign negotiations.--All components 
        of the Department shall coordinate 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.
          (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.
  (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.
  (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.

SEC. [880] 2310. PROHIBITION OF THE TERRORISM INFORMATION AND 
                    PREVENTION SYSTEM.

  Any and all activities of the Federal Government to implement 
the proposed component program of the Citizen Corps known as 
Operation TIPS (Terrorism Information and Prevention System) 
are hereby prohibited.

SEC. [881] 2311. REVIEW OF PAY AND BENEFIT PLANS.

  Notwithstanding any other provision of this Act, the 
Secretary shall, in consultation with the Director of the 
Office of Personnel Management, review the pay and benefit 
plans of each agency whose functions are transferred under this 
Act to the Department and, within 90 days after the date of 
enactment, submit a plan to the President of the Senate and the 
Speaker of the House of Representatives and the appropriate 
committees and subcommittees of Congress, for ensuring, to the 
maximum extent practicable, the elimination of disparities in 
pay and benefits throughout the Department, especially among 
law enforcement personnel, that are inconsistent with merit 
system principles set forth in section 2301 of title 5, United 
States Code.

SEC. [882] 2312. OFFICE FOR NATIONAL CAPITAL REGION COORDINATION.

  (a) * * *

           *       *       *       *       *       *       *

SEC. [883] 2313. REQUIREMENT TO COMPLY WITH LAWS PROTECTING EQUAL 
                    EMPLOYMENT OPPORTUNITY AND PROVIDING WHISTLEBLOWER 
                    PROTECTIONS.

  Nothing in this Act shall be construed as exempting the 
Department from requirements applicable with respect to 
executive agencies--
          (1) * * *

           *       *       *       *       *       *       *

SEC. [884] 2314. FEDERAL LAW ENFORCEMENT TRAINING CENTER.

  (a) * * *

           *       *       *       *       *       *       *

SEC. [885] 2315. JOINT INTERAGENCY TASK FORCE.

  (a) * * *

           *       *       *       *       *       *       *

SEC. [886] 2316. SENSE OF CONGRESS REAFFIRMING THE CONTINUED IMPORTANCE 
                    AND APPLICABILITY OF THE POSSE COMITATUS ACT.

  (a) * * *

           *       *       *       *       *       *       *

SEC. [887] 2317. COORDINATION WITH THE DEPARTMENT OF HEALTH AND HUMAN 
                    SERVICES UNDER THE PUBLIC HEALTH SERVICE ACT.

  (a) * * *

           *       *       *       *       *       *       *

SEC. [888] 2318. PRESERVING COAST GUARD MISSION PERFORMANCE.

  (a) * * *

           *       *       *       *       *       *       *

SEC. [601.] 2319. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE 
                    ARMED FORCES OF THE UNITED STATES AND OTHER 
                    GOVERNMENTAL ORGANIZATIONS.

  (a) * * *

           *       *       *       *       *       *       *

SEC. 2320. BUY AMERICAN REQUIREMENT; EXCEPTIONS.

  (a) Requirement.--Except as provided in subsections (c) 
through (e), the Secretary may not procure an item described in 
subsection (b) if the item is not grown, reprocessed, reused, 
or produced in the United States.
  (b) Covered Items.--
          (1) In general.--An item referred to in subsection 
        (a) is any item described in paragraph (2), if the item 
        is directly related to the national security interests 
        of the United States.
          (2) Items described.--An item described in this 
        paragraph is any article or item of--
                  (A) clothing and the materials and components 
                thereof, other than sensors, electronics, or 
                other items added to, and not normally 
                associated with, clothing (and the materials 
                and components thereof);
                  (B) tents, tarpaulins, or covers;
                  (C) cotton and other natural fiber products, 
                woven silk or woven silk blends, spun silk yarn 
                for cartridge cloth, synthetic fabric or coated 
                synthetic fabric (including all textile fibers 
                and yarns that are for use in such fabrics), 
                canvas products, or wool (whether in the form 
                of fiber or yarn or contained in fabrics, 
                materials, or manufactured articles); or
                  (D) any item of individual equipment 
                manufactured from or containing such fibers, 
                yarns, fabrics, or materials.
  (c) Availability Exception.--Subsection (a) does not apply to 
the extent that the Secretary determines that satisfactory 
quality and sufficient quantity of any such article or item 
described in subsection (b)(2) grown, reprocessed, reused, or 
produced in the United States cannot be procured as and when 
needed.
  (d) Exception for Certain Procurements Outside the United 
States.--Subsection (a) does not apply to the following:
          (1) Procurements by vessels in foreign waters.
          (2) Emergency procurements.
  (e) Exception for Small Purchases.--Subsection (a) does not 
apply to purchases for amounts not greater than the simplified 
acquisition threshold referred to in section 2304(g) of title 
10, United States Code.
  (f) Applicability to Contracts and Subcontracts for 
Procurement of Commercial Items.--This section is applicable to 
contracts and subcontracts for the procurement of commercial 
items notwithstanding section 34 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 430).
  (g) Geographic Coverage.--In this section, the term ``United 
States'' includes the possessions of the United States.
  (h) Notification Required Within 7 Days After Contract Award 
if Certain Exceptions Applied.--In the case of any contract for 
the procurement of an item described in subsection (b)(2), if 
the Secretary applies an exception set forth in subsection (c) 
with respect to that contract, the Secretary shall, not later 
than 7 days after the award of the contract, post a 
notification that the exception has been applied.
  (i) Training.--
          (1) In general.--The Secretary shall ensure that each 
        member of the acquisition workforce who participates 
        personally and substantially in the acquisition of 
        textiles on a regular basis receives training on the 
        requirements of this section and the regulations 
        implementing this section.
          (2) Inclusion of information in new training 
        programs.--The Secretary shall ensure that any training 
        program for the acquisition workforce developed or 
        implemented after the date of the enactment of this 
        section includes comprehensive information on the 
        requirements described in paragraph (1).
  (j) Consistency With International Agreements.--This section 
shall be applied in a manner consistent with United States 
obligations under international agreements.

SEC. 2321. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR 
                    SUSPICIOUS BEHAVIOR AND RESPONSE.

  (a) Immunity for Reports of Suspected Terrorist Activity or 
Suspicious Behavior and Response.--
          (1) In general.--Any person who, in good faith and 
        based on objectively reasonable suspicion, makes, or 
        causes to be made, a voluntary report of covered 
        activity to an authorized official shall be immune from 
        civil liability under Federal, State, and local law for 
        such report.
          (2) False reports.--Paragraph (1) shall not apply to 
        any report that the person knew to be false or was made 
        with reckless disregard for the truth at the time that 
        the person made that report.
  (b) Immunity for Response.--
          (1) In general.--Any authorized official who 
        observes, or receives a report of, covered activity and 
        takes reasonable action in good faith to respond to 
        such activity shall have qualified immunity from civil 
        liability for such action, consistent with applicable 
        law in the relevant jurisdiction. An authorized 
        official as defined by section (d)(1)(A) not entitled 
        to assert the defense of qualified immunity shall 
        nonetheless be immune from civil liability under 
        Federal, State, and local law if such authorized 
        official takes reasonable action, in good faith, to 
        respond to the reported activity.
          (2) Savings clause.--Nothing in this subsection 
        shall--
                  (A) affect the ability of any authorized 
                official to assert any defense, privilege, or 
                immunity that would otherwise be available; and
                  (B) be construed as affecting any such 
                defense, privilege, or immunity.
  (c) Attorney Fees and Costs.--Any authorized official or 
other person found to be immune from civil liability under this 
section shall be entitled to recover from the plaintiff all 
reasonable costs and attorney fees.
  (d) Definitions.--In this section:
          (1) Authorized official.--The term ``authorized 
        official'' means--
                  (A) any officer, employee, or agent of the 
                Federal government with responsibility for 
                preventing, protecting against, disrupting, or 
                responding to a ``covered activity;'' or
                  (B) any Federal, State, or local law 
                enforcement officer.
          (2) Covered activity.--
                  (A) In general.--Subject to subparagraph (B), 
                the term ``covered activity'' means any 
                suspicious transaction, activity, or occurrence 
                indicating that an individual may be engaging, 
                or preparing to engage, in a violation of law 
                relating to an act of terrorism (as that term 
                is defined in section 3077 of title 18, United 
                States Code).
                  (B) Maritime-related acts.--The term includes 
                any act of terrorism directed against a vessel, 
                facility (as that term is defined in section 
                70101 of title 46, United States Code), port, 
                or waterway, whether or not a passenger is 
                threatened, indicating that an individual may 
                be engaging, or preparing to engage, in a 
                violation of law relating to--
                          (i) a threat to a vessel, facility 
                        (as so defined), port, or waterway; or
                          (ii) an act of terrorism against a 
                        vessel, facility (as so defined), port, 
                        or waterway.
                              ----------                              

    IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007

           *       *       *       *       *       *       *
TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

           *       *       *       *       *       *       *

SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM

  (a) * * *
  (b) Members.--Members of the National Domestic Preparedness 
Consortium shall consist of--
          (1) * * *

           *       *       *       *       *       *       *

          (6) [the Transportation Technology Center, 
        Incorporated, in Pueblo, Colorado] the Railroad 
        Research Foundation; and

           *       *       *       *       *       *       *

  (c) Duties.--The National Domestic Preparedness Consortium 
shall identify, develop, test, and deliver training (including 
medical readiness training) to State, local, and tribal 
emergency response providers, provide on-site and mobile 
training at the performance and management and planning levels, 
and facilitate the delivery of training by the training 
partners of the Department.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary--
          (1) for the Center for Domestic Preparedness--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) $63,000,000 for fiscal year 2010; [and]

           *       *       *       *       *       *       *

                  (E) $62,500,000 for fiscal year 2012; and
          (2) for the National Energetic Materials Research and 
        Testing Center, the National Center for Biomedical 
        Research and Training, the National Emergency Response 
        and Rescue Training Center, the National Exercise, 
        Test, and Training Center, the Transportation 
        Technology Center, Incorporated, and the National 
        Disaster Preparedness Training Center each--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) $24,000,000 for fiscal year 2010; [and]
                  (D) $25,500,000 for fiscal year 2011[.]; and
                  (E) $22,000,000 for fiscal year 2012.

           *       *       *       *       *       *       *

SEC. 1205. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE

  (a) * * *

           *       *       *       *       *       *       *

  (d) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section--
          (1) * * *

           *       *       *       *       *       *       *

          (3) $18,000,000 for fiscal year 2010; [and]
          (4) $18,000,000 for fiscal year 2011[.];
          (5) $18,000,000 for fiscal year 2012;
          (6) $18,000,000 for fiscal year 2013; and
          (7) $18,000,000 for fiscal year 2014.

           *       *       *       *       *       *       *

TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

           *       *       *       *       *       *       *

SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING PROGRAM.

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Standards for Explosives Detection Canine Teams.--
          [(1) In general.--Based on the feasibility in meeting 
        the ongoing demand for quality explosives detection 
        canine teams, the Secretary shall establish criteria, 
        including canine training curricula, performance 
        standards, and other requirements approved by the 
        Transportation Security Administration necessary to 
        ensure that explosives detection canine teams trained 
        by nonprofit organizations, universities, and private 
        sector entities are adequately trained and maintained.
          [(2) Expansion.--In developing and implementing such 
        curriculum, performance standards, and other 
        requirements, the Secretary shall--
                  [(A) coordinate with key stakeholders, 
                including international, Federal, State, and 
                local officials, and private sector and 
                academic entities to develop best practice 
                guidelines for such a standardized program, as 
                appropriate;
                  [(B) require that explosives detection canine 
                teams trained by nonprofit organizations, 
                universities, or private sector entities that 
                are used or made available by the Secretary be 
                trained consistent with specific training 
                criteria developed by the Secretary; and
                  [(C) review the status of the private sector 
                programs on at least an annual basis to ensure 
                compliance with training curricula, performance 
                standards, and other requirements.]
  (c) Explosives Detection Canine Accreditation and Minimum 
Certification Standards.--
          (1) In general.--To assist in the Department's 
        counterterrorism mission, the Secretary shall--
                  (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
                  (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.
          (2) Included canines and handlers.--The canines and 
        handlers referred to in paragraph (1) include--
                  (A) canines that are not bred by the 
                Department;
                  (B) canines and handlers that are not trained 
                by the Department; and
                  (C) canine and handlers that are obtained by 
                the Department by contract, or funded by the 
                Department by grant or otherwise.
          (3) Recommendations.--
                  (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.
                  (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.
                  (C) Review and revision.--After provision of 
                the recommendations, the panel shall meet no 
                less than biennially to review and revise the 
                recommendations.
          (4) Authorization of appropriations.--To carry out 
        this subsection there is authorized to be appropriated 
        $300,000 for fiscal year 2012.

           *       *       *       *       *       *       *

TITLE XIV--PUBLIC TRANSPORTATION SECURITY

           *       *       *       *       *       *       *

SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE

  (a) Security Assistance Program.--
          (1) In general.--The Secretary shall establish a 
        program for making grants to eligible public 
        transportation and law enforcement agencies for 
        security improvements described in subsection (b).

           *       *       *       *       *       *       *

          (3) Law enforcement agency eligibility.--A law 
        enforcement agency is eligible for a grant under this 
        section if the agency enters into a memorandum of 
        agreement or other arrangement with a public 
        transportation agency that is eligible for a grant 
        under paragraph (2) to oversee, direct, and command the 
        security operations of that public transportation 
        agency.

           *       *       *       *       *       *       *

  (b) Uses of Funds.--A recipient of a grant under subsection 
(a) shall use the grant funds for one or more of the following:
          (1) Capital uses of funds, including--
                  (A) * * *

           *       *       *       *       *       *       *

                  (J) [evacuation improvements] consequence 
                management investments, including investments 
                with respect to evacuation improvements, route 
                designation and signage, and public assistance 
                materials;

           *       *       *       *       *       *       *

                  (N) security improvements for stations and 
                other public transportation infrastructure, 
                including stations and other public 
                transportation infrastructure owned by State or 
                local governments; [and]
                  (O) systems for identity verification for 
                access control, including biometrics; and
                  [(O)] (P) other capital security improvements 
                determined appropriate by the Secretary.

           *       *       *       *       *       *       *

  (m) Authorization of Appropriations.--
          (1) There are authorized to be appropriated to the 
        Secretary to make grants under this section--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) $900,000,000 for fiscal year 2010, except 
                that not more than 20 percent of such funds may 
                be used for operational costs under subsection 
                (b)(2); [and]
                  (E) $1,100,000,000 for fiscal year 2011, 
                except that not more than [10 percent] 50 
                percent of such funds may be used for 
                operational costs under [subsection (b)(2).] 
                subsection (b)(2); and
                  (F) $400,000,000 for fiscal year 2012, except 
                that not more than 50 percent of such funds may 
                be used for operational costs under subsection 
                (b)(2).

           *       *       *       *       *       *       *

                              ----------                              

 SECTION 151 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 
                             1990 AND 1991

SEC. 151. DANGER PAY ALLOWANCE

  The Secretary of State may not deny a request by the [Drug 
Enforcement Administration or Federal Bureau of Investigation] 
Drug Enforcement Administration, Federal Bureau of 
Investigation, or the Department of Homeland Security to 
authorize a danger pay allowance (under section 5928 of title 
5, United States Code) for any employee of such agency.
                              ----------                              

              SECTION 709 OF TITLE 18, UNITED STATES CODE

Sec. 709. False advertising or misuse of names to indicate Federal 
                    agency

           *       *       *       *       *       *       *

  Whoever, except with the written permission of the Director 
of the Federal Bureau of Investigation, knowingly uses the 
words ``Federal Bureau of Investigation'' or the initials 
``F.B.I.'', or any colorable imitation of such words or 
initials, in connection with any advertisement, circular, book, 
pamphlet or other publication, play, motion picture, broadcast, 
telecast, or other production, in a manner reasonably 
calculated to convey the impression that such advertisement, 
circular, book, pamphlet or other publication, play, motion 
picture, broadcast, telecast, or other production, is approved, 
endorsed, or authorized by the Federal Bureau of Investigation; 
or
  Whoever, except with the written permission of the Secretary 
of the Department of Homeland Security, knowingly uses the 
words ``Department of Homeland Security,'' the initials 
``DHS,'' or any colorable imitation of such words or initials, 
or the words, initials, seals, or colorable imitations relating 
to any subcomponents thereof, in connection with any 
advertisement, circular, book, pamphlet or other publication, 
play, motion picture, broadcast, telecast, or other production, 
in a manner reasonably calculated to convey the impression that 
such advertisement, circular, book, pamphlet or other 
publication, play, motion picture, broadcast telecast, or other 
production, is approved, endorsed, or authorized by the 
Department of Homeland Security; or
                              ----------                              

     SECTION 635 OF THE POST-KATRINA MANAGEMENT REFORM ACT OF 2006

[SEC. 635. METROPOLITAN MEDICAL RESPONSE GRANT PROGRAM

  (a) In General.--There is a Metropolitan Medical Response 
Program.
  (b) Purposes.--The program shall include each purpose of the 
program as it existed on June 1, 2006.
  (c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out the program for fiscal year 2008, 
an amount equal to the amount appropriated for the program for 
fiscal year 2007 and an additional $30,000,000.]
                              ----------                              

                       COMMUNICATIONS ACT OF 1934

           *       *       *       *       *       *       *
            TITLE III--SPECIAL PROVISIONS RELATING TO RADIO

PART I--GENERAL PROVISIONS

           *       *       *       *       *       *       *

SEC. 309. ACTION UPON APPLICATIONS; FORM OF AND CONDITIONS ATTACHED TO 
                    LICENSES.

  (a) * * *

           *       *       *       *       *       *       *

  (j) Use of Competitive Bidding.--
          (1) * * *

           *       *       *       *       *       *       *

          (11) Termination.--The authority of the Commission to 
        grant a license or permit under this subsection shall 
        expire September 30, [2012] 2020.

           *       *       *       *       *       *       *

SEC. 337. ALLOCATION AND ASSIGNMENT OF NEW PUBLIC SAFETY SERVICES 
                    LICENSES AND COMMERCIAL LICENSES.

  (a) In General.--Not later than January 1, 1998, the 
Commission shall allocate the electromagnetic spectrum between 
746 megahertz and 806 megahertz, inclusive, as follows:
          (1) [24] 34 megahertz of that spectrum for public 
        safety services according to the terms and conditions 
        established by the Commission, in consultation with the 
        Secretary of Commerce and the Attorney General; and
          (2) [36] 26 megahertz of that spectrum for commercial 
        use to be assigned by competitive bidding pursuant to 
        section 309(j).
  [(b) Assignment.--The Commission shall commence assignment of 
licenses for public safety services created pursuant to 
subsection (a) no later than September 30, 1998.]
  (b) Assignment.--
          (1) In general.--Not later than 60 days after the 
        date of enactment of the Department of Homeland 
        Security Authorization Act for Fiscal Year 2012, the 
        Commission shall allocate the paired electromagnetic 
        spectrum bands of 758-763 megahertz and 788-793 
        megahertz for public safety broadband communications 
        and shall license such paired bands to the public 
        safety broadband licensee.
          (2) Establishment of rules.--
                  (A) In general.--The Commission shall 
                establish rules to permit the public safety 
                broadband licensee to authorize providers of 
                public safety services to construct and operate 
                a wireless public safety broadband network in 
                the spectrum licensed to the public safety 
                broadband licensee if the public safety 
                broadband licensee determines that such 
                authorization would expedite the deployment of 
                public safety broadband communications.
                  (B) Network requirements.--The Commission 
                shall require that any such wireless public 
                safety broadband network shall--
                          (i) be fully interoperable and remain 
                        interoperable with, and in conformance 
                        with the same broadband technology 
                        standards as, all other public safety 
                        broadband systems deployed or 
                        authorized;
                          (ii) provide for roaming by local, 
                        State, tribal, and Federal governments 
                        and other authorized users of the 
                        spectrum licensed to the public safety 
                        broadband licensee;
                          (iii) provide priority access to 
                        public safety agencies;
                          (iv) be built to survive most large-
                        scale disasters;
                          (v) ensure that networks of such 
                        systems have the appropriate level of 
                        cyber security;
                          (vi) ensure that authorized users 
                        have control over all local network 
                        uses consistent with rules established 
                        by the Commission; and
                          (vii) be consistent with the 
                        Statewide Interoperable Communications 
                        Plans adopted by each State and the 
                        National Emergency Communications Plan, 
                        as adopted by the Department of 
                        Homeland Security.
                  (C) Deadlines.--
                          (i) Rules.--The Commission shall 
                        establish rules under this paragraph 
                        not later than 9 months after the date 
                        of enactment of the Department of 
                        Homeland Security Authorization Act for 
                        Fiscal Year 2012.
                          (ii) Report.--
                                  (I) In general.--Not later 
                                than 60 days after the date of 
                                enactment of the Department of 
                                Homeland Security Authorization 
                                Act for Fiscal Year 2012, the 
                                public safety broadband 
                                licensee shall submit a report 
                                to the appropriate committees 
                                of Congress on the phased 
                                network deployment plan of such 
                                spectrum bands.
                                  (II) Definitions.--For 
                                purposes of subclause (I), the 
                                term ``appropriate committees 
                                of Congress'' means the 
                                Committee on Homeland Security 
                                of the House of Representatives 
                                and any other committee of the 
                                House of Representatives or the 
                                Senate having legislative 
                                jurisdiction under the Rules of 
                                the House of Representatives or 
                                the Senate, respectively, over 
                                the matter concerned.

           *       *       *       *       *       *       *

  (f) Rulemaking Required.--The Commission shall establish 
regulations to--
          (1) authorize the shared use of the public safety 
        broadband spectrum and network infrastructure by 
        entities that are not defined as public safety services 
        in subsection (g)(1), subject to the requirement that 
        public safety services retain priority access to the 
        spectrum, pursuant to procedures adopted by the 
        Commission, so long as the needs of other governmental 
        entities needs are considered before commercial 
        entities; and
          (2) allow use of the public safety broadband spectrum 
        by emergency response providers, as defined in section 
        2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
  [(f)] (g) Definitions.--For purposes of this section:
          (1) Public safety broadband licensee.--The term 
        ``public safety broadband licensee'' means a licensee 
        as defined by the Commission in its Second Report and 
        Order adopted July 31, 2007 (FCC 07-132), and selected 
        in the Commission's Order adopted November 19, 2007 
        (FCC 07-199), by the Commission to be the licensee for 
        spectrum between 763-768 and 793-798 megahertz.
          (2) Public safety broadband spectrum.--The term 
        ``public safety broadband spectrum'' means the 
        electromagnetic spectrum between 758 megahertz and 768 
        megahertz, inclusive, and 788 megahertz and 798 
        megahertz, inclusive, and any additional 
        electromagnetic frequencies allocated by the Commission 
        for public safety broadband use.
          [(1)] (3) Public safety services.--The term ``public 
        safety services'' means services--
                  (A) * * *

           *       *       *       *       *       *       *

          [(2)] (4) Qualifying low-power television stations.--
        A station is a qualifying low-power television station 
        if, during the 90 days preceding the date of enactment 
        of the Balanced Budget Act of 1997--
                  (A) * * *

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *
Subtitle VII--Security and Drug Enforcement

           *       *       *       *       *       *       *

CHAPTER 701--PORT SECURITY

           *       *       *       *       *       *       *

SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *

Sec. 70107. Grants

  (a) * * *
  (b) Eligible Costs.--The following costs of funding the 
correction of Coast Guard identified vulnerabilities in port 
security and ensuring compliance with Area Maritime 
Transportation Security Plans and facility security plans are 
eligible to be funded:
          (1) Salary, benefits, overtime compensation, 
        retirement contributions, and other costs of additional 
        Coast Guard mandated security personnel[.], including 
        overtime and backfill costs incurred in support of 
        other expenditures authorized under this subsection, 
        except that not more than 50 percent of amounts 
        received by a grantee under this section for a fiscal 
        year may be used under this paragraph.

           *       *       *       *       *       *       *

  (l) Authorization of Appropriations.--There are authorized to 
be appropriated $400,000,000 for each of the fiscal years 2007 
through [2013] 2014 to carry out this section.

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *

Subpart D--Pay and Allowances

           *       *       *       *       *       *       *

CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *

SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

           *       *       *       *       *       *       *

SEC. 5314. POSITIONS AT LEVEL III

  Level III of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Solicitor General of the United States.

           *       *       *       *       *       *       *

          Director of Immigration and Customs Enforcement.

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 31, UNITED STATES CODE

           *       *       *       *       *       *       *
SUBTITLE II--THE BUDGET PROCESS

           *       *       *       *       *       *       *

CHAPTER 13--APPROPRIATIONS

           *       *       *       *       *       *       *

SUBCHAPTER III--LIMITATIONS, EXCEPTIONS, AND PENALTIES

           *       *       *       *       *       *       *

Sec. 1344. Passenger carrier use

  (a) * * *
  (b) A passenger carrier may be used to transport between 
residence and place of employment the following officers and 
employees of Federal agencies:
          (1) * * *

           *       *       *       *       *       *       *

          (6) the Director of the Central Intelligence Agency, 
        the Director of the Federal Bureau of Investigation, 
        Director of the Bureau of Alcohol, Tobacco, Firearms 
        and Explosives [the Administrator of the Drug 
        Enforcement Administration,], the Administrator of the 
        Drug Enforcement Administration, the Director of 
        Immigration and Customs Enforcement, and the 
        Commissioner of Customs and Border Protection, and the 
        Administrator of the National Aeronautics and Space 
        Administration;

           *       *       *       *       *       *       *

                              ----------                              

 SECTION 545 OF THE NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION 
                                  ACT

SEC. 545. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER 
                    ENVIRONMENT COOPERATION AGREEMENT

  The President may agree to amendments to the Cooperation 
Agreement that--
          (1) enable the Bank to make grants and nonmarket rate 
        loans out of its paid-in capital resources with the 
        approval of its Board; [and]
          (2) amend the definition of ``border region'' to 
        include the area in the United States that is within 
        100 kilometers of the international boundary between 
        the United States and Mexico, and the area in Mexico 
        that is within 300 kilometers of the international 
        boundary between the United States and Mexico[.]; and
          (3) change the purposes and functions of the Bank, 
        including changes that would allow the Bank to finance 
        infrastructure projects in the border region that 
        promote growth in trade and commerce between the United 
        States and Mexico, support sustainable economic 
        development, reduce poverty, foster job creation, and 
        promote social development in the region.
        

        

                             MINORITY VIEWS

    We, the undersigned Committee on Homeland Security (CHS or 
Committee) Democrats, submit our additional views to H.R. 3116, 
the ``Department of Homeland Security Authorization Act for 
Fiscal Year 2012,'' as amended. In general terms, we are 
pleased that the Committee approved many of the amendments 
offered by CHS Democrats over this two-day markup. We believe 
that the bill was significantly improved by the inclusion of 
Democratic provisions that will foster greater accountability, 
transparency, and efficiency at the Department and address a 
broad array of homeland security missions.
    We are concerned, however, that H.R. 3116, as amended, does 
not include a top-line funding level for the Department of 
Homeland Security's (DHS or Department) activities for Fiscal 
Year (FY) 2012. As authorizers, we have an obligation to guide 
the work of the Appropriations Committee by setting spending 
levels in our authorization bills. Given that the Committee 
acted after the House approved H.R. 2017, the ``Department of 
Homeland Security Appropriations Act of FY 2012,'' the failure 
to authorize a top-line funding level in this legislation is 
tantamount to rubber-stamping H.R. 2017, which provides funding 
at 6.9 percent below the amount requested by President Obama 
and 2.6 percent below FY 2011 enacted levels.
    At the markup of H.R. 3116, CHS Democrats supported an 
amendment offered by Ranking Member Bennie G. Thompson (D-MS) 
to fund the Department at $43,224,182,000 for FY 2012, the 
level requested by President Obama and supported in the 
bipartisan Views and Estimates budget recommendations submitted 
by the Committee to the House Budget Committee earlier this 
year. This Thompson amendment was not agreed to by a vote of 13 
yeas and 19 nays.
    Near the end of the two-day markup, after nearly 80 new 
provisions were accepted, Ranking Member Thompson made a 
unanimous consent request to postpone the vote on reporting the 
measure to the House until the bill could be scored by the 
Congressional Budget Office (CBO). This request was made in an 
effort to provide CHS Members with the opportunity to know the 
potential cost of H.R. 3116, as amended, since there was no 
specificity as to top-line funding in this massive bill. The 
request was objected to by the Chairman and the Committee 
proceeded to vote on the measure.
    In the two months since the Committee ordered H.R. 3116, as 
amended, reported to the House, the Committee has yet to secure 
a CBO cost estimate for the reported-version of the bill.
    Despite the absence of a CBO cost estimate, on December 15, 
2011, the Majority informed the Minority that the Committee 
report for H.R. 3116, as amended, would be filed the next day--
December 16, 2011. We have a number of concerns with this 
approach. First, the filing of a Committee Report is a 
statement from the Chairman that the Committee's work is done 
and the legislation is ripe for consideration by the Full 
House. In the absence of a CBO or other cost estimate, how are 
Members of the House of Representatives to know the potential 
cost of the legislation? Second, this approach inhibits the 
ability of CHS Members to submit their views, in their 
entirety, on H.R. 3116, as amended, in this Committee Report. 
Finally, the failure of the Majority to include a CBO cost 
estimate in the Committee Report for H.R. 3116, as amended, as 
required by House rules, stands in stark contrast to the House 
Majority's pledge to legislate in an open and transparent 
manner.
    We are also troubled that, in addition to the omission of a 
CBO cost estimate, the Majority has decided to file the 
Committee report for H.R. 3116, as amended, without the 
inclusion of an estimate of the Federal mandates contained in 
the bill, as required under the Unfunded Mandates Reform Act. 
Specifically, section 423 of the Unfunded Mandates Reform Act 
requires that each Committee Report contain ``an identification 
and description of any Federal mandates in the bill, including 
the direct costs to State, local, and tribal governments, and 
to the private sector, required to comply with the Federal 
mandates; a qualitative, and if practicable, a quantitative 
assessment of costs and benefits anticipated from the Federal 
mandates (including the effects on health and safety and the 
protection of the natural environment); and a statement of the 
degree to which a Federal mandate affects both the public and 
private sectors and the extent to which Federal payment of 
public sector costs or the modification or termination of the 
Federal mandate would affect the competitive balance between 
State, local, or tribal governments and the private sector 
including a description of the actions, if any, taken by the 
committee to avoid any adverse impact on the private sector or 
the competitive balance between the public sector and the 
private sector.''
    The Majority's decision to file the report for H.R. 3116, 
as amended, without including an assessment of potential costs 
to the private sector associated with the Federal mandates 
contained within the bill is particularly troubling. In light 
of the House Majority's insistence throughout the 112th 
Congress that government regulations are stifling job creation, 
it is incredible that the Majority would file the report for 
this massive authorization bill without a full account of the 
Federal mandates contained within the bill and their potential 
costs to the private sector.
    Further, we would note that even as the bill avoids 
including top-level funding, H.R. 3116, as amended, places a 
multitude of new mandates on DHS--most notably on the two 
directorates that would experience the largest percentage cuts 
under H.R. 2017--the Management (Titles I-II) and Science and 
Technology (S&T) (Title VII) Directorates. In particular, we 
are concerned that S&T will not have the resources to carry out 
many of its new responsibilities under H.R. 3116, as amended, 
since the Committee received testimony from S&T that the 
directorate would have to cancel scores of research initiatives 
and lay off scientists in light of anticipated dramatic budget 
cuts.\1\
---------------------------------------------------------------------------
    \1\Testimony from S&T Under Secretary Tara O'Toole before the 
Committee on Homeland Security, Subcommittee on Oversight, 
Investigation, and Management, ``Homeland Security Contracting: Does 
the Department Effectively Leverage Emerging Technologies?'' July 15, 
2011. http://homeland.house.gov/sites/homeland.house.gov/files/
Testimony%20S%26T.pdf;and before the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security, ``S&T on a Budget: Finding 
Smarter Approaches to Spur Innovation, Impose Discipline, Drive Job 
Creation, and Strengthen Homeland Security'' November 17, 2011. http://
homeland.house.gov/sites/homeland.house.gov/files/
Testimony%20O%27Toole.pdf.
---------------------------------------------------------------------------
    Herein are our views on some of the amendments CHS 
Democrats offered to each title of the Amendment in the Nature 
of a Substitute that was considered by the Full Committee.

              TITLE I--POLICY, MANAGEMENT, AND EFFICIENCY

    CBS Democrats offered twelve amendments to Title I of the 
Amendment in the Nature of a Substitute. The following seven 
amendments were approved as part of an en bloc amendment:
     An amendment, offered by Rep. William R. Keating 
(D-MA), the Ranking Member of the Subcommittee on Oversight, 
Investigations and Management (OI&M), to authorize the Office 
of Policy. The Amendment in the Nature of a Substitute 
authorizes an Undersecretary for Policy but failed to authorize 
an office to help the Undersecretary carry out the enumerated 
missions and responsibilities.
     An amendment, offered by OI&M Subcommittee Ranking 
Member Keating, to strengthen the Office of International 
Affairs within the DHS Office of Policy.
     An amendment, offered by OI&M Subcommittee Ranking 
Member Keating, to report the costs for DHS to prepare each 
congressionally-mandated plan and report.
     An amendment, offered by OI&M Subcommittee Ranking 
Member Keating, to protect DHS's seal and insignia from 
misappropriation.
     An amendment, offered by Rep. Sheila Jackson Lee 
(D-TX), the Ranking Member of the Subcommittee on 
Transportation Security (TS), that requires DHS to certify that 
any proposed component reorganization will result in efficiency 
and operational improvements before such action is taken.
     An amendment, offered by Rep. Danny K. Davis (D-
IL), to require DHS to report on leadership vacancies that 
could result in violations of the Vacancy Reform Act of 1998.
     An amendment, offered by Rep. Janice Hahn (D-CA), 
that would make the default format for DHS' written submissions 
to Congress, an electronic format.
    Additionally, an amendment offered by Rep. Henry Cuellar 
(D-TX), the Ranking Member of the Subcommittee on Border and 
Maritime Security (BMS), to grant DHS the authority to provide 
danger pay to DHS personnel that are stationed in dangerous 
overseas posts, as both the Drug Enforcement Administration and 
Federal Bureau of Investigation can do. This amendment was 
unanimously approved by a vote of 33 yeas to 0 nays.
    While we are pleased that the amendments discussed above 
were accepted, we are very troubled that the following critical 
Democratic amendments were rejected.

Authorization of the National Protection and Programs Directorate

    Beyond the failure to set a top-line funding level for the 
Department, the Amendment in the Nature of a Substitute fails 
to authorize the National Protection and Programs Directorate 
(NPPD), which is responsible for DHS' cybersecurity, 
infrastructure protection, emergency communication, biometric 
entry-exit (U.S. VISIT), and Federal building security 
operations. NPPD has operated without specific authorization 
since 2007, when it was established by then-Secretary Michael 
Chertoff in response to the enactment of the Post-Katrina 
Emergency Management Reform Act (PKEMRA) (P.L. 109-295). CHS 
Democrats believe that, as authorizers, we have an obligation 
to authorize NPPD and communicate what programs and activities 
should be pursued and what funding should be available to carry 
them out. In an effort to foster greater accountability, Rep. 
Yvette Clarke (D-NY), the Ranking Member of the Subcommittee on 
Cybersecurity, Infrastructure Protection, and Security 
Technologies (CIPS&T), offered an amendment to authorize NPPD, 
renaming it the ``Directorate of Infrastructure Protection and 
Cybersecurity,'' to more closely track with the Directorate's 
core missions. It was defeated along party lines by a vote of 
14 yeas to 19 nays.

Striking coordinator to counter Homegrown violent islamist extremism

    We believe that attention must be paid to potential violent 
extremism, whether fueled by the violent ideology of the now-
deceased Osama bin Laden or some other ideology. We cannot, 
however, support the approach taken in Section 102, entitled 
``Countering homegrown radicalization and violent Islamist 
extremism.'' As drafted, it dangerously conflates Islam with 
terrorism. In doing so, it implies that the risk of terrorism 
is associated with the practice of Islam. It is irresponsible 
and inappropriate to make blanket assertions about the 2.6 
million Americans that self-identify as Muslim and are, as all 
Americans, afforded First Amendment protections to freely 
practice this religion.
    Further, this provision, if enacted into law, could 
undermine the community engagement efforts undertaken by DHS 
and other Federal partners. We would note that many of the 
recently foiled terrorist plots were the result of patriotic 
Americans, some of whom are in the American Muslim Community, 
raising concerns about suspicious activity with local law 
enforcement. In fact, it has been reported that individuals in 
the American Muslim Community helped thwart 2 out of 5 
terrorist plots since the 2009 attempted Christmas Day 
terrorist attack.\2\
---------------------------------------------------------------------------
    \2\Public Affairs Council, ``Post 9/11 Terrorism Database'', 
November 16, 2009. http://www.mpac.org/publications/policy-papers/post-
911-terrorism-database.php.
---------------------------------------------------------------------------
    CIPS&T Subcommittee Ranking Member Clarke offered an 
amendment to strike Section 102, arguing that a vote in favor 
of her amendment was a vote in favor of the thoughtful approach 
taken by the Obama Administration and against the single-minded 
and wrongheaded ideology that underpins this section. It was 
rejected along party lines, by a vote of 14 yeas to 19 nays.

Coordinator for counterterrorism

    The attempted bombing of Northwest Flight 253 on Christmas 
Day 2009 highlighted the need to better align intelligence and 
law enforcement operations to more effectively combat 
terrorism. In response, DHS Secretary Janet Napolitano 
established the position of ``Coordinator for 
Counterterrorism'' to: (1) coordinate the efforts of the 
Department's operational components to combat and prevent 
terrorism; and (2) better integrate DHS's counterterrorism 
operations with its intelligence and policy-making arms. Then, 
in late 2010, with the release of the Secretary's ``Bottom Up 
Review''--which emphasized the need for increased 
counterterrorism coordination with DHS--Secretary Napolitano 
created the ``Counterterrorism Advisory Board.'' Today, this 
Advisory Board, chaired by the Coordinator for 
Counterterrorism, formally brings DHS's operational components 
together with the critical support offices. One of the key 
roles of the Advisory Board is to provide recommendations for 
the Counterterrorism Coordinator to share with the Secretary 
regarding the National Terror Advisory System.
    The Committee has received testimony that the 
Counterterrorism Coordinator and Counterterrorism Advisory 
Board have played an important role in streamlining and 
maximizing DHS's counterterrorism efforts by aligning the 
intelligence, operational, and policymaking elements in one 
body.\3\ In particular, the Advisory Board is credited with 
streamlining the various screening programs within the 
Department and in the interagency process.
---------------------------------------------------------------------------
    \3\Testimony from Principal Deputy Coordinator for Counterterrorism 
United States Department of Homeland Security, John D. Cohen. Committee 
on Homeland Security, Subcommittee on Border and Maritime Security, 
``Ten Years After 9/11: Can Terrorists Still Exploit Out Visa System?'' 
September 13, 2011. http://homeland.house.gov/sites/homeland.house.gov/
files/Testimonv%20Cohen_0.pdf
---------------------------------------------------------------------------
    In an effort to support DHS' counterterrorism activities, 
Ranking Member Thompson offered an amendment to authorize the 
Counterterrorism Advisory Board and elevate the Coordinator for 
Counterterrorism position from an Undersecretary to the Deputy 
Secretary.\4\ As the #2 official at the Department, the Deputy 
Secretary holds no particular allegiance to any directorate or 
component and, accordingly, can serve as an honest broker 
during internal policy debates. Further, by designating the 
Deputy Secretary, the Committee would send a message that 
counterterrorism is a major DHS focus and strengthen DHS's 
position in the interagency process. After an active debate, 
this amendment was rejected along partisan lines, by a vote of 
14 yeas to 19 nays.
---------------------------------------------------------------------------
    \4\Currently, NPPD Under Secretary Rand Beers serves as DHS' 
counterterrorism coordinator as discussed in the Committee on Homeland 
Security, Subcommittee on Cybersecurity, Infrastructure Protection, and 
Security Technologies hearing entitled ``Preventing Chemical Terrorism: 
Building A Foundation of Security At Our Nation's Chemical 
Facilities,'' held on February 11, 2011.
---------------------------------------------------------------------------

DHS travel oversight

    Last Congress, the Department's Inspector General (OIG) 
issued a report that examined DHS' spending practices with 
respect to travel, conferences, and other off-site activities. 
The OIG found that DHS travel spending data was ``unreliable, 
unverifiable and contained little assurance that components 
properly tracked or accounted for all conferences and related 
costs.''\5\ In particular, the OIG found that DHS lacked 
records to justify and track travel expenditures. In the end, 
the OIG issued twelve recommendations to prevent waste, 
increase accountability, and foster greater transparency. Rep. 
Davis offered an amendment to authorize a centralized DHS 
Office of Travel Resources to establish internal controls, 
travel policies, guidance and informational resources for all 
Department domestic travel. This Davis amendment was defeated 
by a vote of 14 yeas and 19 nays.
---------------------------------------------------------------------------
    \5\Office of Inspector General, OIG Report, 01G-10-19, ``DHS 
Conference Spending Practices and Oversight'' November 2009.
---------------------------------------------------------------------------

      TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION POLICY

    During consideration of Title II of the Amendment in the 
Nature of a Substitute, CHS
    Democrats offered the following four targeted amendments to 
improve DHS acquisitions.
    Rep. Kathleen C. Hochul (D-NY) offered an amendment to 
apply to DHS acquisitions the Buy American procurement 
requirements, known as the Berry Amendment, that have been in 
place since 1941 at the Department of Defense. Since 1941, the 
Berry Amendment has helped protect against the foreign 
misappropriation of U.S. military uniforms by requiring that 
they be ``Made in America.'' From a security standpoint, 
extending Berry Amendment protections to DHS would help guard 
against the improper accessing of Transportation Security 
Administration and Customs and Border Protection uniforms. The 
Committee, by a vote of 32-0, approved this amendment that not 
only would enhance the security of DHS uniforms but could 
potentially protect and help create U.S. jobs.
    Rep. Jackie Speier (D-CA), Ranking Member of the 
Subcommittee on Counterterrorism and Intelligence (CTI) offered 
two amendments. Although her first amendment, which would 
require DHS to report on contracting with Alaska Native 
Corporations (ANCs), was rejected by a vote of 14-17, her 
second amendment, to require DHS to prepare a financial 
management plan, was approved by voice vote.
    To help promote the expenditure of DHS procurement dollars 
to communities in economic need, Rep. Hansen Clarke (D-MI) 
offered an amendment to create a procurement preference for 
vendors located in Enterprise Zones, HUB Zones, and areas that 
have an unemployment rate greater than 10 percent over the last 
year (High Unemployment Areas). It was rejected by a vote of 14 
yeas to 19 nays.

        TITLE III--INFORMATION SHARING AND INTELLIGENCE ANALYSIS

    During consideration of Title III of the Amendment in the 
Nature of a Substitute, CHS Democrats offered the following 
three amendments to enhance the efficacy, oversight of privacy 
and civil liberties compliance, and support for State and Major 
Urban Area Fusion Centers.

Fusion center audits

    CTI Subcommittee Ranking Member Speier offered an amendment 
to require DHS to complete a privacy and civil liberties 
compliance audit of State and Major Urban Area Fusion Centers. 
These fusion centers take a collaborative approach to 
information sharing that promotes better situational awareness 
to inform decision-making at all levels of government. Even as 
fusion centers execute their analytical and counterterrorism 
missions, it is critical that constitutional rights and 
protections be preserved. Section 511 of the Implementing 9/11 
Recommendations Act of 2007 (P.L. 110-53) mandated privacy and 
civil liberties impact assessments and training Reflecting a 
continued interest in ensuring that fusion centers operate in a 
manner that respects privacy and civil liberties protections, 
the Committee, on a bipartisan basis, approved this Speier 
amendment.
    Ranking Member Thompson offered an amendment directing the 
OIG to audit fusion centers to ensure that they are reaching 
their full potential. Specifically, the amendment directs the 
OIG to audit Federal Homeland Security grant funding awarded to 
fusion centers to measure the extent to which the funding is 
used to achieve measurable homeland security outcomes, 
including filling gaps in critical baseline capabilities. 
Additionally, the OIG is directed to assess how well the 
Department tracks and measures the effectiveness of grant 
funding to fusion centers and the extent to which the fusion 
center considers privacy, civil rights, and civil liberties in 
the selection of contractors, trainers, and other personnel 
that provide advice and guidance to the fusion centers. In 
recent months, there have been a number of high profile 
instances where jurisdictions purchased counterterrorism 
training from vendors that appear to encourage profiling and 
propaganda that are of concern.\6\ This Thompson amendment was 
approved unanimously.
---------------------------------------------------------------------------
    \6\Washington Monthly, ``Improving U.S. Counter-Terror Training'' 
Steve Benen. November 29, 2011. http://www.washingtonmonthly.com/
political-animal/2011_11/improving_us_counterterror_tra033785.php; The 
Leadership Conference, ``The Reality of Racial Profiling.'' http://
www.civilrights.org/publications/reports/racialprofiling2011/the-
reality-of-racial.html; The Village Voice, ``NYPD's Cops'' Training 
Included an Anti-Muslim Horror Flick'' Tom Robbins. January 19, 2011. 
http://www.villagevoice.com/2011-01-19/columns/nypd-cops-training-
included-an-anti-muslim-horror-flick/.
---------------------------------------------------------------------------

Cybersecurity assistance

    The third amendment, offered by CIPS&T Subcommittee Ranking 
Member Clarke, directed DHS to undertake a voluntary pilot 
program to test and assess the feasibility, costs, and benefits 
of providing cybersecurity training to personnel at State and 
Major Urban Area Fusion Centers. CIPS&T Ranking Member Clarke 
argued that training fusion centers on proper cybersecurity 
techniques will not only protect the data of our State and 
local law enforcement partners, it will also protect the 
information that the Federal government shares with those 
partners. After an exchange with CIPS&T Chairman Dan Lungren 
(R-CA), in which he argued that this measure would be more 
properly considered in the context of forthcoming comprehensive 
cybersecurity legislation that he was drafting, the Committee 
rejected the amendment by a vote of 14 yeas and 19 nays.

                    TITLE IV--9/11 REVIEW COMMISSION

    Ranking Member Thompson offered an amendment to Title IV to 
address glaring problems with the provision. First, the 
amendment would strike the language to reopen the 9/11 
Commission investigation. By all accounts, the 9/11 Commission 
Report is the seminal account of the devastating attacks of 
September 11, 2001. It was the product of one of the most 
thorough investigations in history, examining the terrorist 
plot itself, its origins, and the failures of our Federal 
system. To produce that Report, the 9/11 Commission and its 
staff spent a year and a half interviewing over 1,200 people 
and reviewing nearly 2.5 million pages of documents. In the 
end, it cost nearly $15 million to operate the 9/11 Commission 
and produce the 9/11 Commission Report. The Amendment in the 
Nature of a Substitute provides just $1 million for a new 
commission. Ranking Member Thompson argued that, in these tight 
budgetary times, when policy leaders and Americans have long-
accepted the 9/11 Commission Report's account as the final 
word, reopening the investigation a decade after the attacks 
would be a wasteful and unnecessary exercise.
    Additionally, this Thompson amendment sought to make the 
selection of leadership for the proposed commission consistent 
with the how the original 9/11 Commission was constituted. The 
appointment process, as set forth in Section 404, completely 
bars any input from the President of the United States. Ranking 
Member Thompson argued that if this Commission is to undertake 
the same review as the 9/11 Commission and work at the 
Executive Branch level, the appointment process should be the 
same as what was used for the 9/11 Commission. This would mean 
that the Commission's Chairman would be appointed by the 
President, and the Vice Chairman would be appointed by the 
Speaker of the House of Representatives.
    This Thompson amendment was rejected by voice vote.

                   TITLE V--PREPAREDNESS AND RESPONSE

    CHS Democrats offered seventeen amendments to Title V of 
the Amendment in the Nature of a Substitute. Unfortunately, the 
Committee rejected six Democratic amendments that would have 
provided State and local governments the resources and guidance 
necessary to acquire critical emergency preparedness and 
response capabilities.

Adequate funding for critical preparedness grant programs

    Repeatedly at numerous hearing held by the Emergency 
Preparedness, Response, and Communications (EPR&C) Subcommittee 
in the first session of the 112th Congress, the Committee 
received consistent testimony from Federal, State, local, and 
nongovernmental stakeholders about the state of emergency 
preparedness and response community: State, local, and tribal 
governments need of Federal support to maintain and improve 
emergency preparedness and response capabilities, particularly 
in light of overwhelming budget crises. Unfortunately, the 
Majority rejected amendments offered by CHS Democrats that 
would have addressed preparedness gaps identified in 
Subcommittee hearings and that would have increased the 
resources available to State and local governments to achieve 
preparedness goals.
    Ranking Member Thompson offered an amendment to strike the 
``Sense of Congress'' at the beginning of the Title, and 
replace it with new language reaffirming Congress' commitment 
to ensuring adequate funding preparedness grants, and 
acknowledging the critical role preparedness grants play in our 
first responders' ongoing efforts to respond to terrorism and 
other potential threats. Ranking Member Thompson's amendment 
stated that it is the ``Sense of Congress'' that the Urban 
Areas Security Initiative and State Homeland Security Grant 
program should be funded at their fiscal year 2012 authorized 
levels, notwithstanding the passage of H.R. 2017, which 
drastically cut both programs. The Committee rejected this 
Thompson amendment by a vote of 14 yeas to 19 nays.

Urban Area Security Initiative

    Representatives for urban areas from across the country 
have communicated to the Committee that capabilities developed 
through the Urban Area Security Initiative (UASI) have 
significantly improved preparedness and security capabilities 
across the Nation. The capabilities developed using UASI funds 
have supplemented local expenditures and allowed urban areas to 
build toward capability levels designed to support Federal 
missions, specifically, counter terrorism and catastrophic 
incident response. The UASI program has ensured that 
preparedness and response capabilities are developed 
efficiently by requiring regional governance, strategic 
planning, and investing by a diverse group of first responder 
stakeholders in order to maximize investments.
    Although representatives from State and local governments 
have made clear that recent cuts to the UASI program risk the 
preservation of these homeland security capabilities, we saw 
thirty-two (32) ``Tier 2'' UASI jurisdictions, including 
Buffalo, Detroit, San Antonio, New Orleans, Sacramento, 
Minneapolis, and Phoenix, either lose or suffer major cuts to 
their funding for FY 2011 because of Federal budget cuts. Since 
this announcement, we have learned that, in less than a year 
since being eliminated from the UASI program, critical first 
responder capabilities have been lost. For example, Tucson's 
Automated Emergency Notification System, which was purchased 
with UASI funds, has been eliminated. That program allowed all 
jurisdictions within the Tucson urban area to notify and advise 
their residents of emergency measures through various modes of 
communications, including: landline telephone, cell phone, 
pager, etc. Similarly, since being eliminated from the UASI 
program, several of Indianapolis' emergency response 
capabilities are at risk of being lost, including its 
interoperable communications systems, real-time Epidemiological 
Surveillance, and mass emergency notification--through multiple 
languages and across multiple platforms. Indeed, UASI funding 
is so critical to the ability of State and local governments to 
maintain emergency preparedness capabilities that Rep. Clarke 
of Michigan sought to protect funding for his district by 
directing the FEMA Administrator to treat Detroit, MI as a 
``highest-risk'' urban area.\7\
---------------------------------------------------------------------------
    \7\Rep. Clarke's amendment was defeated by voice vote.
---------------------------------------------------------------------------
    CHS Democrats believe that we have an obligation, as a 
Nation, not to squander the capabilities developed through the 
Urban Area Security Initiative grant program over the past 
decade. Accordingly, Rep. Brian Higgins (D-NY) offered an 
amendment to establish a grant program that would permit high-
risk jurisdictions dropped from the UASI program to compete for 
funding to preserve homeland security capabilities. 
Applications would be judged on strict criteria and only the 
ones that best presented why this funding was essential and how 
it would be used--including the support of capabilities that 
enhance regional catastrophic planning--would receive funds.
    In the end, the Committee rejected Mr. Higgins' amendment 
by a vote of 12 yeas to 17 nays.

Firefighter grant programs

    As our Nation continues to face the threat of terrorist 
attacks, and communities across the country have cut their fire 
department budgets, laid-off fire fighters, and reduced 
services in the wake of the economic crisis, the Assistance to 
Firefighters (FIRE) and Staffing for Adequate Fire and 
Emergency Response (SAFER) grant programs are more important 
than ever. The Assistance to Firefighters, or FIRE, grant 
allows communities to purchase life-saving safety equipment--
from personal protective gear to breathing apparatus for 
firefighters. The Staffing for Adequate Fire and Emergency 
Response, or SAFER, grant provides funding for fire departments 
throughout the nation to rehire thousands of fire fighters who 
were laid off due to budget reductions on the local level. 
These programs are not only essential to achieving our 
emergency preparedness goals, they do so in a cost-effective 
manner. Both programs are among the most efficient Federal 
grant programs, scored as ``effective'' by an Office of 
Management and Budget analysis. Moreover, according to a recent 
assessment by the U.S. Fire Service, with the help of these 
grant programs, we have made significant progress in providing 
our first responders the equipment necessary to respond to man-
made and natural disasters.
    Yet, despite the important progress made with the help of 
the FIRE and SAFER grant programs, fire departments continue to 
struggle to obtain core preparedness capabilities.
    For example, the U.S. Fire Service assessment revealed that 
over half of all fire departments cannot equip all firefighters 
on a shift with self-contained breathing apparatus. Nearly half 
of all fire departments that are responsible for structural 
firefighting have not provided all of their personnel with the 
appropriate formal training. And over half of all fire 
departments do not have enough portable radios to equip all 
emergency responders on a shift.
    Rep. Higgins offered an amendment that would have 
reauthorized and expanded the FIRE and SAFER grant programs to 
ensure that our communities have the emergency responder 
personnel and resources required to effectively respond to 
major disasters. Although Rep. Higgins' amendment was based on 
legislation cosponsored by Chairman King, the amendment was 
rejected by a party-line vote of 14 yeas to 19 nays.

Protecting the Transit Security Grant Program

    TS Subcommittee Ranking Member Jackson Lee offered an 
amendment to prevent an expansion of eligibility for the 
limited grant dollars administered by the Transit Security 
Grant Program (TGSP). The Amendment in the Nature of a 
substitute would allow law enforcement agencies to access 
funding otherwise reserved for transit operators to pursue 
security enhancements for their systems. In the current 
budgetary climate, it is critical to protect existing funding 
made available to transit agencies for homeland security 
mission enhancements. This Jackson Lee amendment, which sought 
to ensure that TGSP funds are used for purpose of securing 
transit systems against terrorist attack, was defeated by voice 
vote.

Approved preparedness, grants, and communications amendments

    Although the majority rejected several amendments that 
would make DHS's emergency preparedness programs more efficient 
and provide DHS the resources necessary to ensure that 
communities across America are prepared to respond to man-made 
and natural disasters, CHS Democrats successfully secured 
approval of several amendments to improve emergency alert and 
warning systems and improve the services available to disaster 
survivors. The following six amendments offered by CHS 
Democrats were approved as part of an en bloc amendment:
     An amendment, offered by EPR&C Subcommittee 
Ranking Member Laura Richardson (D-CA), to establish an 
Interagency Grants Working Group composed of Federal agencies 
that provide preparedness grants to coordinate the application, 
monitoring, financial, and programmatic requirements of Federal 
grants. This would streamline the grant application and award 
process and reduce redundancies in Federal grant programs.
     An amendment, offered by EPR&C Subcommittee 
Ranking Member Richardson, to authorize the Integrated Public 
Alert Warning System (IPAWS), which would enable emergency 
alerts to be sent via audio, video, text, and data alert 
messages.
     An amendment, offered by EPR&C Subcommittee 
Ranking Member Richardson, to require the FEMA Administrator to 
provide to State, local, and tribal governments guidance to 
promote and improve community preparedness for events resulting 
in mass fatalities.
     An amendment, offered by EPR&C Subcommittee 
Ranking Member Richardson, to authorize the OIG to audit each 
of the ten FEMA Regional Offices on their progress in 
implementing the PKEMRA mandates.
     An amendment, offered by BMS Subcommittee Ranking 
Member Cuellar, to require FEMA to provide ``lessons learned'' 
reports in electronic format to designated representatives of 
each participant in National Level Exercises and require that 
each of the lessons learned reports be tailored to convey 
information on that exercise that could be leveraged to enhance 
preparedness and response.
     An amendment, offered by EPR&C Subcommittee 
Ranking Member Richardson, to reallocate the D-Block's 700 
mega-hertz (MHz) wireless broadband spectrum for public safety 
use and fund the creation of a national network. This is a 
major homeland security priority for the first responder 
community.
     An amendment, offered by Rep. Cedric Richmond (D-
LA), to restore the due process rights of individuals who, 
through no fault of their own, received overpayments from FEMA 
and are now being asked to return the funds. The amendment 
requires that FEMA certify to the Department of Treasury that 
an individual has received a notice of debt and has been 
afforded the opportunity to appeal before the debt enters the 
collection process.
     An amendment, offered by Rep. Davis, to permit 
funds distributed under the Transit Security Grant Program to 
be used for systems for identity verification for access 
control, including biometrics.
     An amendment, offered by Rep. Sanchez, directing 
the GAO to study and evaluate the impact of transportation 
security grant program funding levels in States located on the 
west coast of the United States.
    Additionally, the following three amendments offered by CHS 
Democrats were approved by voice vote:
     An amendment, offered by TS Subcommittee Ranking 
Member Jackson Lee, to authorize the National Transportation 
Security Center of Excellence, which is charged with developing 
new technologies, tools, and advanced methods to defend, 
protect and increase the resilience of the nation's multimodal 
transportation.
     An amendment, offered by TS Subcommittee Ranking 
Member Jackson Lee, directing the Secretary to review the 
Department's activities associated with mental health 
counseling for disaster victims to ensure that adequate 
policies, procedures, and programs are in place.
     An amendment, offered by TS Subcommittee Ranking 
Member Jackson Lee, directing the Government Accountability 
Office to review and evaluate disaster housing programs 
authorized by the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) and the 
coordination 17 c)7(71 between the Federal Emergency Management 
Agency and the Department of Housing and Urban Development in 
providing disaster housing services.

                  TITLE VI--BORDER SECURITY PROVISIONS

    Democratic Members of the Committee have long supported 
authorizing the personnel, technology, and infrastructure 
necessary to strengthen America's border security while 
facilitating legitimate travel and trade through our air, land, 
and sea ports. The Department continues to face challenges 
along our Nation's borders, including the threat of terrorists 
seeking to enter to do us harm; trafficking of drugs, weapons, 
and currency; and illegal immigration. Democratic Members of 
the Committee are supportive of many of the border security-
related provisions in the bill, but are concerned about the 
bill's failure to authorize additional funds for border 
security purposes. In order to refine and enhance the border 
security provisions in the underlying legislation, Democratic 
Members offered the following amendments to Title VI of the 
Amendment in the Nature of a Substitute, which were approved by 
the Committee:
     An amendment, offered by Rep. Hahn, to authorize 
certain travel facilitation programs administered by U.S. 
Customs and Border Protection (CBP), including NEXUS, SENTRI, 
and Global Entry.
     An amendment, offered by Rep. Hahn, to require CBP 
to conduct an internal review to determine whether there is an 
adequate number of CBP officers at the 10 busiest international 
airports in the U.S.
     An amendment, offered by Rep. Loretta Sanchez (D-
CA), to require CBP to enhance its professionalism and 
transparency in dealing with the public.
     An amendment, offered by Ranking Member Thompson, 
to ensure that Immigration and Customs Enforcement (ICE) agents 
are present at the 20 highest-risk overseas visa issuing posts 
in sufficient number to review all visa applications at those 
posts.
     A perfecting amendment, offered by BMS 
Subcommittee Ranking Member Cuellar, to authorize the President 
to agree to amendments to the Border Environment Cooperation 
Agreement between the United States and Mexico to allow the 
financing of infrastructure projects in the border region 
between the two countries that promote growth in trade and 
commerce between them, support sustainable economic 
development, reduce poverty, foster job creation, and promote 
social development in the region.
     An amendment, offered by TS Subcommittee Ranking 
Member Jackson Lee, to require DHS to report to Congress on the 
resources necessary to increase the presence of CBP personnel 
at high-risk airports overseas through expansion of the 
Immigration Advisory Program (TAP).
     An amendment, offered by Rep. Sanchez, requiring 
DHS to implement a plan to deploy a biometric exit program 
under US-VISIT.
     An amendment, offered by Rep. Sanchez, requiring 
CBP to work with the Transportation Security Administration 
(TSA) to designate persons enrolled in CBP's trusted traveler 
programs as trusted passengers in TSA's programs, so long as 
they meet all relevant requirements. The amendment to the 
Amendment in the Nature of a Substitute was approved by voice 
vote.
    An en bloc amendment offered BMS Subcommittee Ranking 
Member Cuellar was approved by voice vote by the Committee. 
That amendment was comprised of the following amendments:
     An amendment to require the appropriate Federal 
agencies to prioritize making infrastructure improvements at 
ports of entry at ports of entry determined to be in the most 
need of repair in order to improve border security.
     An amendment to require the Commissioner of U.S. 
Customs and Border Protection, in collaboration with the Under 
Secretary for Science and Technology, to identify equipment and 
technology to strengthen the ability to detect and deter 
unlawful entries both at and between ports of entry (POEs).
     An amendment to require the Commissioner of U.S. 
Customs and Border Protection account for apprehension rates, 
unlawful border crossings, and the number of apprehensions per 
Border Patrol agent when determining the deployment of Border 
Patrol agents.
     An amendment stating it is the ``Sense of 
Congress'' that the Secretary should deploy an additional 
unmanned aerial vehicle (UAV) at a more centralized location 
immediately along the Southwest border.
     An amendment to require the Secretary to submit to 
Congress a report regarding the status of nearly $640 million 
in unobligated balances in the Customs User Fee Account, as 
reported by the Government Accountability Office (GAO-11-
318SP).
     An amendment to require U.S. Customs and Border 
Protection to institute an outbound inspections program at land 
ports of entry no later than two years after implementation of 
this Act.
     An amendment to authorize $1.6 billion for each of 
fiscal years 2012 and 2013 to identify and remove from the U.S. 
aliens convicted of a crime or who may pose a serious risk to 
public safety or national security and who are judged 
deportable.
     An amendment to authorize ICE as a component of 
the Department of Homeland Security and establish the agency in 
statute. The amendment also set forth the primary functions of 
the agency and specified the duties and authorities of the 
Director of ICE.
    Though we are pleased that the amendments discussed above 
were accepted, we are troubled that that the following critical 
border security amendments were rejected:

Increasing the number of border patrol agents

    While Congress has made significant strides in expanding 
the ranks of the Border Patrol in recent years, more remains to 
be done to secure our Nation's borders. Democratic Members of 
the Committee strongly support more boots on the ground to help 
strengthen border security.
    TS Subcommittee Ranking Member Jackson-Lee offered an 
amendment to increase the number of U.S. Border Patrol agents 
by 1,000 over the next two years. That relatively modest 
increase would have helped ensure that the Border Patrol 
continues to grow its capacity to secure our Nation's borders. 
Unfortunately, the amendment was voted down by the Majority on 
a party-line vote of 14 yeas and 17 nays.
    Additionally, Rep. Sanchez offered an amendment to require 
the Secretary to increase transparency and accountability 
regarding searches of electronic devices at our borders. This 
Sanchez amendment was rejected by a vote of 15 yeas and 16 
nays.

Maritime Security

    Democratic Members of the Committee were greatly dismayed 
that breaking with longstanding precedent, the Chairman did not 
insist on a referral of H.R. 2328, the ``Coast Guard and 
Maritime Transportation Act of 2011,'' a bill that authorizes 
the Coast guard for the next three years. Failure to secure a 
claim to that major authorization bill essentially denied 
Committee Members' the opportunity to provide input on 
important maritime security matters facing the Coast Guard. 
Furthermore, the Majority failed to introduce another 
legislative vehicle for port and maritime security provisions 
to date this Congress. As such, Democratic Members of the 
Committee offered several amendments to H.R. 3116 to help 
strengthen the security of our Nation's ports and waterways and 
to improve administration of the Coast Guard.
    The following port and maritime security amendments were 
adopted:
     An amendment, offered by Rep. Hahn, to authorize 
the Port Security Grant Program through 2015.
     An amendment, offered by EPR&C Subcommittee 
Ranking Member Richardson, to allow grants provided under DHS' 
Port Security Grant Program to be used to pay a portion of the 
salaries for port personnel engaged in security activities.
     An amendment, offered by Rep. Sanchez, to address 
key security vulnerabilities within the Transportation Worker 
Identification Credential (TWIC) program by matching the TWIC's 
expiration with the holder's period of legal presence in the 
U.S. and requiring the Secretary to make improvements to 
document security in the administration of the program.
     An amendment, offered by Ms. Sanchez, to require 
the Department to submit a report to Congress analyzing the 
threat, vulnerability, and consequence of a small boat 
terrorist attack on U.S. ports and maritime vessels and 
facilities.
     An amendment, offered by OI&M Subcommittee Ranking 
Member Keating, to ensure that Coast Guard has the minimum 
number of air assets needed to assure readiness and meet 
training and deployment needs for the Coast Guard's enhanced 
deployable specialized forces.
    Again, while we are pleased that the amendments discussed 
above were accepted, we are troubled that the following 
maritime security amendment, offered by Ranking Member 
Thompson, was rejected:

Transportation Worker Identification Credential

    The SAFE Port Act of 2006, which authorized the TWIC 
Program, is focused on protecting the Nation's maritime 
transportation facilities and vessels by requiring maritime 
workers and other workers who need unescorted access to secure 
port facilities to obtain a biometric identification card. 
After initial delays, all maritime workers were required to 
obtain biometric TWICs by April 2009. The up-front cost to 
workers for these cards is $132.50 per credential, and in the 
event that a card is lost, stolen, or damaged, a replacement 
TWIC costs $60.00. To date, over 1.9 million longshoremen, 
truckers, merchant mariners, and rail and vessel crew members 
have undergone extensive homeland security and criminal 
background checks to secure TWICs.
    However, DHS has made little progress in establishing 
nationwide standards for biometric readers for these 
credentials. In April 2009, TSA commenced a limited pilot 
program that commenced more than two years after the mandated 
start date. The law required DHS to issue final regulations for 
the deployment of TWIC readers based on the results of these 
pilots by April 2011, but that has not yet occurred. Under 
current law, starting in October 2012, workers would be 
required to go through the time and expense of renewing their 
TWICs, even though DHS has yet to hold up its end of the 
bargain by deploying the companion readers.
    Ranking Member Thompson offered this amendment to ensure 
that workers will not be required to renew their TWIC until DHS 
issues a final TWIC reader rule or the end of 2014, whichever 
comes first. The amendment would also serve as an incentive to 
DHS to deploy the readers as soon as possible. Unfortunately, 
the amendment was voted down by the Committee on party lines, 
by a vote of 14 yeas and 17 nays.

                   TITLE VII--SCIENCE AND TECHNOLOGY

    In Title VII, the following amendments, offered by CHS 
Democrats, were considered:
     The Committee approved, by voice vote, an 
amendment, offered by Rep. Clarke of Michigan, to require 
Science and Technology Directorate to conduct research and 
development of technologies to test whether routine operation 
of medium-sized, unmanned aerial vehicles (UAVs) within U.S. 
airspace for border and maritime security missions could be 
undertaken without degrading existing levels of security-
related surveillance or safety in our Nation's airspace. The 
amendment directs DHS to commence a pilot project in a 
sparsely-populated, low-density airspace along the Northern 
border.
     The Committee approved an amendment, as a part of 
an en bloc amendment, offered by Rep. Richmond, requiring DHS 
to implement outreach to enhance awareness and increase 
participation of qualified students at Institutes of Higher 
Education, including Minority Serving Institutions such as 
Historically Black Colleges and Universities, Hispanic Serving 
Institutions, and Tribal Colleges and Universities, in the 
Department of Homeland Security's Science and Technology 
Directorate Fellows program.
     The Committee approved an amendment, by voice 
vote, offered by CIPS&T Subcommittee Ranking Member Clarke, to 
require DHS to obtain information technology products and 
services from U.S.-owned companies. Under this amendment, if 
DHS is unable to procure the necessary Information Technology 
(IT) products and services from a domestic company, the 
Secretary must certify to Congress that no comparable product 
or service was available from a U.S. provider.
     The Committee approved an amendment, by voice 
vote, offered by Ranking Member Thompson, to authorize 
University Programs at $36,600,000, the current funding level. 
University-based Centers provide the main connection between 
the Science & Technology Directorate and the academic 
community. The amendment also required GAO to do a broad review 
of the program and place a moratorium on the creation of new 
university-based centers until completion of this review to 
protect the existing programs that have been targeted for 
significant cuts under H.R. 2017, the ``DHS Appropriation Act 
for FY 2012.''
     By a vote of 14-18, the Committee rejected an 
amendment, offered by Rep. Davis, to establish the Office of 
Public-Private Partnership within the Science and Technology 
Directorate to foster better collaboration between DHS and 
private sector technology firms, and especially small firms. It 
would have authorize $30 million for the office to: (1) provide 
information to persons seeking guidance on pursuing proposals; 
(2) coordinate with Department components to issue 
announcements; and (3) conduct marketplace analysis. 
Additionally, within this Office, a Rapid Review Division would 
have been responsible for establishing an accessible, 
streamlined system to conduct timely reviews of unsolicited 
technology proposals.

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

    After acknowledging that we must have an informed, 
vigilant, and alter public and that suspicious terrorist 
activity should be reported, TS Subcommittee Ranking Member 
Jackson Lee offered an amendment to prevent the conferring of 
civil immunity to any person that provides tips to law 
enforcement based solely on someone's ``race, religion, 
ethnicity, or national origin.'' TS Subcommittee Ranking Member 
Jackson Lee explained that, as drafted, the provision risked 
granting immunity to people that exercise racial or ethnic 
profiling which, in the view of most in law enforcement, is not 
only unconstitutional but also a waste of time and limited 
policing resources. The Committee rejected this amendment on 
party lines, by a vote of 14 yeas to 18 nays.

                        TITLE IX--MISCELLANEOUS

    The Committee approved the following seven amendments, 
offered by CHS Democrats, to the Miscellaneous title:
     An amendment, offered by EPR&C Subcommittee 
Ranking Member Richardson, to require DHS to provide guidance 
to and coordinate with local education and school districts 
that are at a high risk of acts of terrorism, natural 
disasters, or public health emergencies.
     An amendment, offered by Rep. Hahn, directing DHS 
to endeavor to make available Federal law enforcement training 
opportunities, including through the Federal Law Enforcement 
Training Center, to local law enforcement personnel with 
responsibilities for securing the ports.
     An amendment, offered by Rep. Clarke of Michigan, 
to direct DHS to enter into a memorandum of understanding with 
the Environmental Protection Agency to collaborate on a plan to 
address security gaps at drinking water treatment and 
wastewater treatment facilities.
     An amendment, offered by EPR&C Subcommittee 
Ranking Member Richardson, to require DHS to provide guidance 
to and coordinate with appropriate officials and organizations 
to implement plans for outreach to people with disabilities 
during disasters.
     An amendment, offered by Rep. Richmond, to require 
DHS, not later than 90 days after enactment of this Act, to 
reform the process for the enrollment, activation, issuance, 
and renewal of Transportation Worker Identification Credentials 
(TWICs). The amendment requires that these reforms should limit 
the number of required in-person visits to designated 
enrollment centers for any worker to one, except in cases where 
there are extenuating circumstances.
     An amendment, offered by OI&M Subcommittee Ranking 
Member Keating, to require TSA, not later than 180 days after 
enactment of this Act, to issue a report to Congress that 
details TSA's progress toward conducting security vulnerability 
assessments at all U.S. airports. The amendment requires TSA to 
provide the reasoning behind why TSA has, to date, only 
conducted security vulnerability assessments at 17% of the 
Nation's airports and how it plans to complete assessments at 
100% of airports in the next two years. This amendment requires 
TSA to specify what steps have been taken by TSA to enhance 
perimeter security at our Nation's airports since the November 
2010 Delvonte Tisdale stow away incident.
     An amendment, offered by Ranking Member Thompson, 
to clarify congressional intent regarding the scope of the 
regulation envisioned for the Secure Handling of Ammonium 
Nitrate Act of 2007 (as enacted into law as section 563 of 
Public Law 110-161).
    While we are pleased that these amendments were accepted, 
we are troubled that the following two amendments were rejected 
on party lines.

Federal Protective Service

    Ranking Member Thompson offered an amendment to authorize 
and reform the Federal Protective Service (FPS). It was based 
on H.R. 176, the ``Federal Protective Service Improvement and 
Accountability Act of 2011,'' legislation that Rep. Thompson 
introduced to enhance FPS security operations. Among the key 
provisions of the amendment were a pilot training program of up 
to 180 days to determine the potential benefits of converting 
contract guard positions at the highest risk Federal facilities 
to positions held by Federal employees and annual GAO reviews 
of the performance of both contract and Federal facility guards 
taking part in the pilot program. Ranking Member Thompson 
explained that FPS' record of significant security lapses is 
due, in large part, to its limited capacity to manage its 
massive contract guard program. Every year, FPS expends more 
than half of its $1 billion budget on contract guard but 
exercises little oversight or control over the contract guard 
workforce who are principally responsible for protecting the 
workers and citizens that access Federal building every day. 
This amendment was rejected along party lines, by a vote of 14 
yeas to 18 nays.

Eliminating the majority requirement that disaster assistance be offset

    Rep. Richmond offered an amendment that prohibits requiring 
budgetary offsets for emergency disaster assistance for Fiscal 
Years 2011 and 2012. On August 29, 2011, House Majority Leader 
Eric Cantor (R-VA) stated that Federal disaster relief for 
victims of Hurricane Irene and other FY 2011 disasters would 
have to be offset with budget cuts elsewhere.\8\ Subsequently, 
on the question of offsetting disaster aid, former DHS 
Secretary Tom Ridge, in response to a question from Rep. 
Richmond, testified that ``never in the history of the country 
that we worried about the budget around emergency 
appropriations for natural disasters, and frankly in my view we 
shouldn't be worried about it now. I realized you got fiscal 
problems . . . but we're all in as a country when Mother Nature 
devastates the community, we may need appropriate--emergency 
appropriations. We've got to just deal with it then give it to 
fiscal issues later on.\9\ After a lengthy debate, in which 
EPR&C Subcommittee Chairman Bilirakis (R-FL) argued against the 
amendment, the Committee rejected this Richmond amendment by a 
vote of 14 yeas to19 nays.
---------------------------------------------------------------------------
    \8\Appearing on the FOX News Channel, Majority Leader Cantor said 
``Just like any family would operate when it's struck with disaster, it 
finds the money to take care of a sick loved one or what have you, and 
then goes without trying to buy a new car or put an addition onto the 
house,'' as reported by Raymond Hernandez in ``G.O.P. Legislators Balk 
at a Call to Tie Storm Aid to Budget Cuts,'' New York Times, September 
6, 2011.
    \9\Testimony of Former DHS Secretary Thomas Ridge at a Full 
Committee hearing entitled ``The Attacks of September 11th: Where are 
We Today,'' held on September 8, 2011.
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    Submitted by:
                                   Bennie G. Thompson.
                                   Loretta Sanchez.
                                   Sheila Jackson Lee.
                                   Henry Cuellar.
                                   Yvette D. Clarke.
                                   Laura Richardson.
                                   Danny K. Davis.
                                   Brian Higgins.
                                   Jackie Speier.
                                   Cedric Richmond.
                                   Hansen Clarke.
                                   William R. Keating.
                                   Kathleen C. Hochul.
                                   Janice Hahn.

                                  
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