I 

111TH CONGRESS 

2D SESSION H. R. 5590 

To strengthen measures to protect the United States from terrorist attacks 

and to authorize appropriations for the Department of Homeland Security for fiscal year 2011, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2010 

Mr. KING of New York (for himself, Mr. DANIEL E. LUNGREN of California, 

Mr. ROGERS of Alabama, Mr. MCCAUL, Mr. DENT, Mr. BILIRAKIS, Mr. 

BROUN of Georgia, Mrs. MILLER of Michigan, Mr. OLSON, Mr. CAO, and 

Mr. AUSTRIA) introduced the following bill; which was referred to the 

Committee on Homeland Security, and in addition to the Committees on 

Armed Services, Rules, the Judiciary, Energy and Commerce, and Transportation and Infrastructure, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To strengthen measures to protect the United States from 

terrorist attacks and to authorize appropriations for the 

Department of Homeland Security for fiscal year 2011, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Counterterrorism Enhancement and Department of 

4 Homeland Security Authorization Act of 2010’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Definitions. 

TITLE I—COUNTERTERRORISM, INTELLIGENCE, AND 

INFORMATION SHARING 

Sec. 101. Prohibition on use of Department of Justice funds to prosecute individuals detained at Naval Station, Guantanamo Bay, Cuba, in 

the United States. 

Sec. 102. Presidential certification. 

Sec. 103. Provision of classified files. 

Sec. 104. Ensuring the collection of critical intelligence. 

Sec. 105. Report on the High Value Detainee Interrogation Group. 

Sec. 106. Covert agent identity protection. 

Sec. 107. Special Interagency Task Force on Detainee Disposition. 

Sec. 108. Threat assessment relating to transfer of Guantanamo detainees to 

the United States or its territories. 

Sec. 109. Habeas corpus. 

Sec. 110. Violent radicalization and homegrown terrorism prevention. 

TITLE II—AUTHORIZATION OF APPROPRIATIONS 

Sec. 201. Authorization of appropriations. 

TITLE III—CONGRESSIONAL OVERSIGHT 

Sec. 301. Congressional oversight. 

TITLE IV—BORDER SECURITY 

Sec. 401. Strategy to achieve control of the border. 

Sec. 402. Maintaining border patrol staffing. 

Sec. 403. Border technology and infrastructure. 

Sec. 404. Unmanned aerial system deployment. 

Sec. 405. Border security on public lands. 

Sec. 406. Increase in port of entry inspection personnel. 

Sec. 407. Maintaining border inspection expertise. 

Sec. 408. Conversion of certain overseas limited appointments. 

Sec. 409. Civil air patrol study. 

Sec. 410. Implementation of US–VISIT. 

Sec. 411. Northern border canine teams. 

Sec. 412. Visa security program expansion. 

Sec. 413. Visa revocation authority. 

Sec. 414. Improved student visa screening and foreign student monitoring. 


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TITLE V—ENFORCEMENT AND INVESTIGATIONS 

Subtitle A—Border and Immigration Enforcement 

Sec. 501. Increase in full-time immigration and customs enforcement investigators. 

Sec. 502. Mandatory detention for aliens apprehended at or between ports of 

entry. 

Sec. 503. Denial of admission to nationals of countries denying or delaying acceptance of aliens. 

Sec. 504. Alien transfer and reimbursement authority. 

Subtitle B—United States Secret Service 

Sec. 511. Authorization of the homeland security functions of the United States 

Secret Service. 

Sec. 512. Report on the United States Secret Service James J. Rowley Training Center. 

Sec. 513. Communications interoperability. 

Sec. 514. International field offices. 

TITLE VI—TRANSPORTATION SECURITY 

Sec. 601. Short title. 

Sec. 602. Definitions. 

Sec. 603. Authorities vested in Assistant Secretary. 

Subtitle A—Authorization of Appropriations 

Sec. 611. Authorization of appropriations. 

Sec. 612. Risk-based system for allocation of resources. 

Subtitle B—Aviation Security 

CHAPTER 1—AMENDMENTS TO CHAPTER 449 

Sec. 621. Screening air cargo and checked baggage. 

Sec. 622. Prohibition of advance notice of covert testing to security screeners. 

Sec. 623. Secure verification system for law enforcement officers. 

Sec. 624. Ombudsman for Federal Air Marshal Service. 

Sec. 625. Federal flight deck officer program enhancements. 

Sec. 626. Federal air marshals. 

Sec. 627. Assistant Secretary defined. 

Sec. 628. TSA and homeland security information sharing. 

Sec. 629. Aviation security stakeholder participation. 

Sec. 630. General aviation security. 

Sec. 631. Security and self-defense training. 

Sec. 632. Security screening of individuals with metal implants traveling in air 

transportation. 

Sec. 633. Prohibition on outsourcing. 

Sec. 634. Known air traveler credential. 

Sec. 635. Advanced imaging technology. 

CHAPTER 2—OTHER MATTERS

Sec. 636. Security risk assessment of airport perimeter access controls. 

Sec. 637. Advanced passenger prescreening system. 


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Sec. 638. Biometric identifier airport access enhancement demonstration program. 

Sec. 639. Transportation security training programs. 

Sec. 640. Deployment of technology approved by science and technology directorate. 

Sec. 641. In-line baggage screening study. 

Sec. 642. In-line checked baggage screening systems. 

Sec. 643. Inspector General report on certain policies for Federal air marshals. 

Sec. 644. Explosives detection canine teams minimum for aviation security. 

Sec. 645. Assessments and GAO Report of inbound air cargo screening. 

Sec. 646. Status of efforts to promote air cargo shipper certification. 

Sec. 647. Full and open competition in security background screening service. 

Sec. 648. Trusted passenger/Registered Traveler program. 

Sec. 649. Report on cabin crew communication. 

Sec. 650. Air cargo crew training. 

Sec. 651. Reimbursement for airports that have incurred eligible costs. 

Sec. 652. Establishment of appeal and redress process for individuals wrongly 

delayed or prohibited from boarding a flight, or denied a right, 

benefit, or privilege. 

Sec. 653. Personal protective equipment. 

Sec. 654. Security screening for members of the Armed Forces. 

Sec. 655. Report on commercial aviation security plans. 

Sec. 656. Study on combination of facial and iris recognition. 

Sec. 657. Issuance of regulations and security directives using emergency procedures. 

Sec. 658. General aviation negotiated rulemaking. 

Subtitle C—Surface Transportation Security 

Sec. 661. Sense of Congress regarding securing surface transportation systems. 

Sec. 662. Assistant Secretary defined. 

Sec. 663. Surface transportation security inspection program. 

Sec. 664. Visible intermodal prevention and response teams. 

Sec. 665. Surface Transportation Security stakeholder participation. 

Sec. 666. Human capital plan for surface transportation security personnel. 

Sec. 667. Surface transportation security training. 

Sec. 668. Improvement of public transportation security assistance. 

Sec. 669. International lessons learned for securing passenger rail and public 

transportation systems. 

Sec. 670. Underwater tunnel security demonstration project. 

Sec. 671. Passenger rail security demonstration project. 

Sec. 672. Explosives detection canine teams. 

Sec. 673. Deputy Assistant Secretary for surface transportation security. 

Sec. 674. Public hearings on security assistance grant program and the restriction of security improvement priorities. 

Subtitle D—Transportation Security Enhancements 

CHAPTER 1—SECURITY ENHANCEMENTS

Sec. 681. Report and recommendation for uniform security background checks. 

Sec. 682. Animal-propelled vessels. 

Sec. 683. Requirements for issuance of transportation security cards; access 

pending issuance; redundant background checks. 

Sec. 684. Harmonizing security card expirations. 

Sec. 685. Pipeline security study. 


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Sec. 686. Transportation Security Administration centralized training facility. 

CHAPTER 2—SAFE TRUCKERS ACT OF 2010 

Sec. 691. Short title. 

Sec. 692. Surface transportation security. 

Sec. 693. Conforming amendment. 

Sec. 694. Limitation on issuance of HAZMAT licenses. 

Sec. 695. Deadlines and effective dates. 

Sec. 696. Task force on disqualifying crimes. 

TITLE VII—MARITIME SECURITY 

Subtitle A—General Provisions 

Sec. 701. Authorization of appropriations. 

Sec. 702. Authorized levels of military strength and training. 

Sec. 703. Admirals and Vice Admirals. 

Sec. 704. Coast Guard commissioned officers: compulsory retirement. 

Sec. 705. Commissioned officers. 

Sec. 706. Administration of Maritime Security. 

Sec. 707. Maritime security response teams. 

Sec. 708. Maritime safety and security teams. 

Sec. 709. Waterside security of certain dangerous cargo. 

Sec. 710. Coast Guard vessels and aircraft. 

Sec. 711. Laser Training System. 

Sec. 712. Coast Guard detection canine team program expansion. 

Sec. 713. Maritime biometric identification. 

Sec. 714. Review of potential threats. 

Sec. 715. Port security pilot. 

Sec. 716. Seasonal workers. 

Sec. 717. Pilot program for fingerprinting of maritime workers. 

Sec. 718. Transportation security cards on vessels. 

Sec. 719. International labor study. 

Sec. 720. Maritime Security Advisory Committees. 

Sec. 721. Seamen’s shoreside access. 

Sec. 722. Use of force against piracy. 

Sec. 723. Agreements. 

Sec. 724. Risk-based cargo security program. 

Subtitle B—Alien Smuggling and Terrorism Prevention 

Sec. 731. Short title. 

Sec. 732. Findings. 

Sec. 733. Checks against terrorist watchlist. 

Sec. 734. Strengthening prosecution and punishment of alien smugglers. 

Sec. 735. Maritime law enforcement. 

Sec. 736. Amendment to the sentencing guidelines. 

TITLE VIII—INFRASTRUCTURE PROTECTION AND 

CYBERSECURITY 

Subtitle A—Federal Protective Service 

Sec. 801. Authorization of appropriations for Federal Protective Service. 

Sec. 802. Federal Protective Service authority to carry out basic security functions. 


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Sec. 803. Strategic plan requirement. 

Sec. 804. Facility security risk assessments. 

Sec. 805. Contract guard staff. 

Sec. 806. Site inspections. 

Sec. 807. Promotion of Federal Protective Service Technology and Training. 

Sec. 808. Prohibited items list. 

Sec. 809. Report requirement. 

Subtitle B—Chemical Facility Security 

Sec. 811. Extension of chemical facilities antiterrorism security program. 

Subtitle C—Office for Bombing Prevention 

Sec. 821. Bombing prevention. 

Sec. 822. Explosives technology development and transfer. 

Sec. 823. GAO study of explosives detection canine teams. 

Sec. 824. Report on canine procurement activities. 

Subtitle D—Cybersecurity 

Sec. 831. Annual cybersecurity threat assessment. 

Sec. 832. Cybersecurity research and development. 

Sec. 833. National Research Council study of cybersecurity incentives. 

Sec. 834. Research on cyber compromise of infrastructure. 

Sec. 835. Assessments of emerging cyber threats in telecommunications. 

Sec. 836. Department of Homeland Security Cybercrime coordination. 

TITLE IX—PREPAREDNESS AND RESPONSE 

Sec. 901. Center for Domestic Preparedness. 

Sec. 902. Recovery from radiological and nuclear attacks. 

Sec. 903. Citizen and community preparedness. 

Sec. 904. Metropolitan Medical Response System program. 

Sec. 905. Transparency in homeland security grant funding. 

Sec. 906. Sense of Congress regarding interoperability. 

Sec. 907. Audit of the national level exercise. 

Sec. 908. FEMA report to Congress on sourcing and distribution of disaster response goods and services. 

TITLE X—SCIENCE AND TECHNOLOGY 

Sec. 1001. Definitions. 

Sec. 1002. References. 

Subtitle A—Authorization of Appropriations 

Sec. 1011. Authorization of appropriations. 

Subtitle B—Management and Administration 

Sec. 1021. Research prioritization and requirements; professional development; 

milestones and feedback. 

Sec. 1022. Testing, evaluation, and standards. 

Sec. 1023. Peer review. 

Sec. 1024. Directorate of Science and Technology strategic plan. 

Subtitle C—Directorate of Science and Technology Programs 


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Sec. 1031. Limitations on research. 

Sec. 1032. University-based centers. 

Sec. 1033. Review of university-based centers. 

Sec. 1034. Dual-use terrorist risks from synthetic genomics. 

Sec. 1035. Underwater tunnel security demonstration project. 

Sec. 1036. Threats research and development. 

Sec. 1037. Maritime domain awareness and maritime security technology test, 

evaluation, and transition capabilities. 

Sec. 1038. Rapid biological threat detection and identification. 

Sec. 1039. Rural resilience initiative. 

Sec. 1040. Homeland Security Science and Technology Fellows Program. 

Sec. 1041. Biological threat agent assay equivalency. 

Sec. 1042. Study of feasibility and benefit of expanding or establishing program 

to create a new cybersecurity capacity building track at certain 

institutions of higher education. 

Sec. 1043. Assessment, research, testing, and evaluation of technologies to mitigate the threat of small vessel attack. 

Sec. 1044. Other transaction authority. 

Sec. 1045. National Urban Security Technology Laboratory. 

Subtitle D—Domestic Nuclear Detection Office 

Sec. 1051. Authorization of appropriations. 

Sec. 1052. Domestic Nuclear Detection Office oversight. 

Sec. 1053. Strategic plan and funding allocations for global nuclear detection 

architecture. 

Sec. 1054. Radiation portal monitor alternatives. 

Subtitle E—Clarifying Amendments 

Sec. 1061. Federally funded research and development centers. 

Sec. 1062. Elimination of Homeland Security Institute. 

Sec. 1063. GAO study of the implementation of the statutory relationship between the Department and the Department of Energy national 

laboratories. 

Subtitle F—Commission on the Protection of Critical Electric and Electronic 

Infrastructures 

Sec. 1071. Commission on the Protection of Critical Electric and Electronic Infrastructures. 

Subtitle G—Securing the Cities Initiative 

Sec. 1081. Securing the Cities Initiative. 

TITLE XI—MANAGEMENT IMPROVEMENTS 

Sec. 1101. Direct line authority for Chief Operating Officers. 

Sec. 1102. Department of Homeland Security headquarters consolidation 

project. 

Sec. 1103. Acquisition Professional Career Program. 

Sec. 1104. Annuitants for acquisition positions. 

Sec. 1105. Acquisition Review Board. 

Sec. 1106. Office of Inspector General. 

Sec. 1107. Establishment of privacy official within each component of Department of Homeland Security. 


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Sec. 1108. Homeland Secure Data Network. 

Sec. 1109. Congressional access to information. 

TITLE XII—MISCELLANEOUS PROVISIONS 

Sec. 1201. Immunity for reports of suspected terrorist activity or suspicious behavior and response. 

Sec. 1202. Homeland security biodefense strategy. 

Sec. 1203. Civil liability for disclosure of protected security information. 

Sec. 1204. Continuation of authority for Federal Law Enforcement Training 

Center to appoint and maintain a cadre of Federal annuitants. 

Sec. 1205. Rural Policing Institute; rural area defined. 

Sec. 1206. Chief Veterinary Officer. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CYBER.—The term ‘‘cyber’’ means— 

4 (A) any process, program, or protocol re5 lating to the use of the Internet or an Intranet, 

6 automatic data processing or transmission, or 

7 telecommunication via the Internet or an 

8 Intranet; and 

9 (B) any matter relating to, or involving the 

10 use of, computers or computer networks. 

11 (2) CYBER ATTACK.—The term ‘‘cyber attack’’ 

12 means any unauthorized access or use of a cyber 

13 system or network, whether or not directed against 

14 a specific entity or entities, that— 

15 (A) alters, copies, misappropriates, cor16 rupts, destroys, disrupts, deletes, damages, pre17 vents, restricts, or hinders access to a cyber 

18 system or network; 


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1 (B) results in the disclosure of private or 

2 confidential information stored on a cyber sys3 tem or network; 

4 (C) results in the disclosure of private or 

5 confidential information stored on a cyber sys6 tem or network; or 

7 (D) results in theft of data or information. 

8 (3) DEPARTMENT.—The term ‘‘Department’’ 

9 means the Department of Homeland Security. 

10 (4) INTERNATIONAL BORDERS.—The term 

11 ‘‘international borders’’ means the international 

12 boundary lines on both the northern and southern 

13 borders of the United States. 

14 (5) INTERNET.—The term ‘‘Internet’’ has the 

15 meaning given that term by section 4(4) of the High 

16 Performance Computing Act of 1991 (15 U.S.C. 

17 5503(4)). 

18 (6) NATIONAL CRITICAL INFORMATION SYS19 TEMS AND NETWORK.—The term ‘‘national critical 

20 infrastructure information systems and networks’’ 

21 means— 

22 (A) Federal Government information sys23 tems and networks; and 

24 (B) any State, local, or nongovernmental 

25 information systems and networks in the 


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1 United States that is designated by the Presi2 dent as national critical infrastructure informa3 tion systems and networks. 

4 (7) NATIONAL INCIDENT.—The term ‘‘national 

5 incident’’ means an occurrence that actually or po6 tentially jeopardizes national critical infrastructure 

7 information systems and networks or the informa8 tion processed, stored, or transmitted by those sys9 tems and networks. 

10 (8) NETWORK.—The term ‘‘network’’ has the 

11 meaning given that term by section 4(5) of the High 

12 Performance Computing Act of 1991 (15 U.S.C. 

13 5503(5)). 

14 (9) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Homeland Security. 

16 TITLE I—COUNTERTERRORISM, 

17 INTELLIGENCE, AND INFOR18 MATION SHARING 

19 SEC. 101. PROHIBITION ON USE OF DEPARTMENT OF JUS20 TICE FUNDS TO PROSECUTE INDIVIDUALS 

21 DETAINED AT NAVAL STATION, GUANTANAMO 

22 BAY, CUBA, IN THE UNITED STATES. 

23 None of the funds made available to the Department 

24 of Justice may be used to prosecute an individual who was 

25 detained at Naval Station, Guantanamo Bay, Cuba, on or 


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1 after January 22, 2009, in a criminal court located in the 

2 United States or in any territory or possession of the 

3 United States. 

4 SEC. 102. PRESIDENTIAL CERTIFICATION. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that individuals currently detained at Guantanamo 

7 should not be transferred or released into the sovereign 

8 territory of the United States. 

9 (b) REQUIREMENTS RELATING TO THE TRANSFER

10 OR RELEASE OF INDIVIDUALS CURRENTLY DETAINED AT

11 GUANTANAMO TO SOVEREIGN TERRITORY OF UNITED

12 STATES.— 

13 (1) PROHIBITION.—The President or the Presi14 dent’s designee may not transfer or release an indi15 vidual currently detained at Guantanamo to any 

16 State unless 60 days prior to the transfer or release 

17 the President or the President’s designee completes 

18 the requirements in paragraphs (2) and (3). 

19 (2) GOVERNOR AND STATE LEGISLATURE AP20 PROVAL.—The requirement under this paragraph is 

21 that— 

22 (A) the President or the President’s des23 ignee submits to the Governor and legislature of 

24 the State to which the President intends to 

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1 tained at Guantanamo certification in writing 

2 (together with supporting documentation and 

3 justification) that the individual does not pose 

4 a security risk to the United States; and 

5 (B) after receiving the certification pursu6 ant to subparagraph (A), the Governor and 

7 State legislature of that State consent to the 

8 transfer or release of the individual covered 

9 under this section. 

10 (3) PRESIDENTIAL NOTIFICATION AND CERTIFI11 CATION REQUIREMENT.—The requirement under 

12 this paragraph is that the President submits to Con13 gress, in writing, the following information: 

14 (A) The name of any individual to be 

15 transferred or released. 

16 (B) The location and the installation in the 

17 United States where the individual will be 

18 transferred or released. 

19 (C) A justification for why that location 

20 was selected. 

21 (D) The findings of an analysis carried out 

22 by the President describing any risk to the na23 tional security of the United States or the resi24 dents of the United States that is posed by the 

25 transfer or release. 


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1 (E) A certification that the President has 

2 mitigated any risk described in subparagraph 

3 (D). 

4 (F) A certification that the President has 

5 completed the requirements of paragraph (2). 

6 (G) A certification that the President’s 

7 transfer or release under paragraph (1) of an 

8 individual covered by this section will not ad9 versely affect the Federal Government’s ability 

10 to prosecute individuals covered under this sub11 section. 

12 (H) The findings of an analysis carried out 

13 by the President describing any adverse effect 

14 such transfer or release will have on the ability 

15 of the Federal Government to prosecute individ16 uals covered under this subsection. 

17 (I) A certification that the President’s 

18 transfer or release under paragraph (1) of an 

19 individual covered by this subsection will not 

20 adversely affect the Federal Government’s abil21 ity to detain individuals covered under this sub22 section. 

23 (J) The findings of an analysis carried out 

24 by the President describing any adverse affect 

25 such transfer or release will have on the ability 


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1 of the Federal Government to detain individuals 

2 covered under this subsection. 

3 (K) A certification that the President’s 

4 transfer or release under paragraph (1) of an 

5 individual covered by this subsection will not re6 sult in the release of individuals covered under 

7 this subsection into the United States. 

8 (L) The findings of an analysis carried out 

9 by the President describing how the Federal 

10 Government will ensure the transfer or release 

11 described in subparagraph (K) will not result in 

12 the release of individuals covered under this 

13 subsection into the United States. 

14 (c) DEFINITIONS.—For purposes of this section, the 

15 terms ‘‘individual currently detained at Guantanamo’’ and 

16 ‘‘individual covered by this subsection’’ have the meaning 

17 given such terms under section 1(c) of Executive Order 

18 13492. 

19 SEC. 103. PROVISION OF CLASSIFIED FILES. 

20 (a) IN GENERAL.—The President shall submit to the 

21 Committee on Homeland Security of the House of Rep22 resentatives copies of all classified files related to, in whole 

23 or in part, every detainee transferred from the detention 

24 center at United States Naval Station, Guantanamo Bay, 


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1 Cuba, to the United States or to a foreign country on or 

2 after January 20, 2009. 

3 (b) TIMEFRAME.— 

4 (1) DETAINEES TRANSFERRED BEFORE DATE

5 OF ENACTMENT.—Information required to be sub6 mitted under subsection (a) that is related to detain7 ees transferred during the period beginning on Jan8 uary 20, 2009, and ending on the date of the enact9 ment of this Act shall be submitted to the Com10 mittee on Homeland Security of the House of Rep11 resentatives by not later than 60 days after such 

12 date of enactment. 

13 (2) DETAINEES TRANSFERRED AFTER DATE OF

14 ENACTMENT.—Information required to be submitted 

15 under subsection (a) that is related to detainees 

16 transferred after the date of the enactment of this 

17 Act shall be submitted to the Committee on Home18 land Security of the House of Representatives every 

19 90 days after the initial submission of information 

20 under paragraph (1). 

21 (c) SUNSET.—The requirements of this section shall 

22 terminate on the date that is 180 days after the date on 

23 which the last individual detained at the detention center 

24 United States Naval Station, Guantanamo Bay, Cuba, is 

25 transferred to any location outside of such Naval Station. 


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1 SEC. 104. ENSURING THE COLLECTION OF CRITICAL INTEL2 LIGENCE. 

3 (a) REQUIREMENT FOR CONSULTATION.— 

4 (1) IN GENERAL.— 

5 (A) PROSECUTION.—Before any officer or 

6 employee of the Department of Justice insti7 tutes any prosecution of an alien in a United 

8 States district court for a terrorist offense, the 

9 Attorney General, Deputy Attorney General, or 

10 Assistant Attorney General for the Criminal Di11 vision, shall consult with the Director of Na12 tional Intelligence and the Secretary of Defense 

13 about whether the prosecution should take place 

14 in a United States district court or before a 

15 military commission under chapter 47A of title 

16 10, United States Code. 

17 (B) INTERROGATION.—Before any officer 

18 or employee of the Department of Justice en19 gages in any interrogation of an alien in a 

20 criminal investigation or prosecution of a ter21 rorist offense, the Attorney General, Deputy At22 torney General, or Assistant Attorney General 

23 for the Criminal Division, shall consult with the 

24 Director of National Intelligence, the Director 

25 of the Central Intelligence Agency, the Sec26 retary of Homeland Security, and the Secretary 


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1 of Defense about how to proceed in that inter2 rogation so as to enable each such official to 

3 carry out that official’s responsibilities in a 

4 manner consistent with national security. 

5 (2) DEFINITIONS.—In this subsection— 

6 (A) the term ‘‘terrorist offense’’ means any 

7 offense for which the defendant could be tried 

8 by a military commission under chapter 47A of 

9 title 10, United States Code; and 

10 (B) the term ‘‘alien’’ means any person 

11 who is not a citizen of the United States. 

12 SEC. 105. REPORT ON THE HIGH VALUE DETAINEE INTER13 ROGATION GROUP. 

14 (a) REPORT.—The Attorney General, in consultation 

15 with the Director of the Central Intelligence Agency, the 

16 Director of National Intelligence, the Secretary of De17 fense, and the Secretary of Homeland Security, shall sub18 mit to the Chairman and Ranking Minority Member of 

19 the Committee on Homeland Security of the House of 

20 Representatives regular classified reports on the High 

21 Value Detainee Interrogation Group. 

22 (b) CONTENTS.—The report required under sub23 section (a) shall include— 


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1 (1) the number of occasions on which and the 

2 locations where the High Value Detainee Interroga3 tion Group was deployed; 

4 (2) the interrogation tactics and procedures 

5 used by the High Value Detainee Interrogation 

6 Group; and 

7 (3) a description of any analytical intelligence 

8 products produced as a result of the intelligence col9 lected during the interrogations and operations of 

10 the High Value Interrogation Group. 

11 (c) TIMEFRAME.—The reports required under sub12 section (a) shall be submitted not later than 6 months 

13 after the date of enactment of this Act and every 6 months 

14 thereafter until December 31, 2016. 

15 SEC. 106. COVERT AGENT IDENTITY PROTECTION. 

16 (a) INVESTIGATION.—The Inspectors General of the 

17 Department of Defense and the Central Intelligence Agen18 cy shall conduct an investigation into possible violations 

19 of title VI of the National Security Act of 1947 (50 U.S.C. 

20 421 et seq.) at the Detention Center at United States 

21 Naval Station, Guantanamo Bay, Cuba. The investigation 

22 shall be completed not later than one year after the date 

23 of the enactment of this Act 

24 (b) REPORT.—Not later than 30 days after the com25 pletion of the investigation under subsection (a), the InVerDate Mar 15 2010 04:16 Jun 26, 2010 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5590.IH H5590

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1 spectors General of the Department of Defense and the 

2 Central Intelligence Agency shall submit to Congress a re3 port on the findings of the investigation. The report shall 

4 be in unclassified form, but may contain a classified 

5 annex. 

6 SEC. 107. SPECIAL INTERAGENCY TASK FORCE ON DE7 TAINEE DISPOSITION. 

8 The Secretary of Homeland Security shall submit to 

9 the Committee on Homeland Security of the House of 

10 Representatives all documents and correspondence, includ11 ing electronic correspondence, related to the Secretary’s 

12 role in the President’s Special Interagency Task Force on 

13 Detainee Disposition established pursuant to Executive 

14 Order 13493. 

15 SEC. 108. THREAT ASSESSMENT RELATING TO TRANSFER 

16 OF GUANTANAMO DETAINEES TO THE 

17 UNITED STATES OR ITS TERRITORIES. 

18 (a) THREAT ASSESSMENT.—The Secretary of Home19 land Security, in coordination with the heads of related 

20 Federal agencies and in consultation with relevant State, 

21 local, and tribal law enforcement agencies, shall conduct 

22 a terrorist threat assessment on the risk posed by the 

23 transfer of any individual who is detained, as of the date 

24 of the enactment of this Act, at the detention center at 


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1 United States Naval Station, Guantanamo Bay, Cuba, to 

2 the United States or its territories. 

3 (b) CONTENTS.—The assessment required under sub4 section (a) shall include— 

5 (1) an assessment of the effect on homeland se6 curity of such a transfer of any such individual, in7 cluding whether the risk of a terrorist attack against 

8 a facility or location housing detainees or hosting ci9 vilian trials or military commissions in the United 

10 States or its territories would increase; and 

11 (2) a determination of the monetary costs asso12 ciated with the transfer, detention, and civilian trial 

13 or military commission of any such individual to the 

14 United States or its territories. 

15 (c) COMPLETION AND SUBMISSION.—The assessment 

16 required under subsection (a) shall be completed and sub17 mitted to the Committee on Homeland Security of the 

18 House of Representatives not later than 60 days after the 

19 date of the enactment of this Act. 

20 SEC. 109. HABEAS CORPUS. 

21 Section 2241(e)(1) of title 28, United States Code, 

22 is amended by inserting after ‘‘detained by the United 

23 States’’ the following: ‘‘outside the territory of the United 

24 States or of United States Naval Station, Guantanamo 

25 Bay, Cuba, and’’. 


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1 SEC. 110. VIOLENT RADICALIZATION AND HOMEGROWN 

2 TERRORISM PREVENTION. 

3 (a) PREVENTION OF VIOLENT RADICALIZATION AND

4 HOMEGROWN TERRORISM.— 

5 (1) IN GENERAL.—Title VIII of the Homeland 

6 Security Act of 2002 (6 U.S.C. 361 et seq.) is 

7 amended by adding at the end the following new 

8 subtitle: 

9 ‘‘Subtitle J—Prevention of Violent 

10 Radicalization and Homegrown 

11 Terrorism 

12 ‘‘SEC. 899A. DEFINITIONS. 

13 ‘‘For purposes of this subtitle: 

14 ‘‘(1) COMMISSION.—The term ‘Commission’ 

15 means the National Commission on the Prevention 

16 of Violent Radicalization and Homegrown Terrorism 

17 established under section 899C. 

18 ‘‘(2) VIOLENT RADICALIZATION.—The term 

19 ‘violent radicalization’ means the process of adopting 

20 or promoting an extremist belief system for the pur21 pose of facilitating ideologically based violence to ad22 vance political, religious, or social change. 

23 ‘‘(3) HOMEGROWN TERRORISM.—The term 

24 ‘homegrown terrorism’ means the use, planned use, 

25 or threatened use, of force or violence by a group or 

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1 marily within the United States or any possession of 

2 the United States to intimidate or coerce the United 

3 States Government, the civilian population of the 

4 United States, or any segment thereof, in further5 ance of political or social objectives. 

6 ‘‘(4) IDEOLOGICALLY BASED VIOLENCE.—The 

7 term ‘ideologically based violence’ means the use, 

8 planned use, or threatened use of force or violence 

9 by a group or individual to promote the group or in10 dividual’s political, religious, or social beliefs. 

11 ‘‘SEC. 899B. FINDINGS. 

12 ‘‘The Congress finds the following: 

13 ‘‘(1) The development and implementation of 

14 methods and processes that can be utilized to pre15 vent violent radicalization, homegrown terrorism, 

16 and ideologically based violence in the United States 

17 is critical to combating domestic terrorism. 

18 ‘‘(2) The promotion of violent radicalization, 

19 homegrown terrorism, and ideologically based vio20 lence exists in the United States and poses a threat 

21 to homeland security. 

22 ‘‘(3) The Internet has aided in facilitating vio23 lent radicalization, ideologically based violence, and 

24 the homegrown terrorism process in the United 

25 States by providing access to broad and constant 


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1 streams of terrorist-related propaganda to United 

2 States citizens. 

3 ‘‘(4) While the United States must continue its 

4 vigilant efforts to combat international terrorism, it 

5 must also strengthen efforts to combat the threat 

6 posed by homegrown terrorists based and operating 

7 within the United States. 

8 ‘‘(5) Understanding the motivational factors 

9 that lead to violent radicalization, homegrown ter10 rorism, and ideologically based violence is a vital 

11 step toward eradicating these threats in the United 

12 States. 

13 ‘‘(6) Preventing the potential rise of self14 radicalized, unaffiliated terrorists domestically can15 not be easily accomplished solely through traditional 

16 Federal intelligence or law enforcement efforts, and 

17 can benefit from the incorporation of State and local 

18 efforts. 

19 ‘‘(7) Individuals prone to violent radicalization, 

20 homegrown terrorism, and ideologically based vio21 lence span all races, ethnicities, and religious beliefs, 

22 and individuals should not be targeted based solely 

23 on race, ethnicity, or religion. 

24 ‘‘(8) Any measure taken to prevent violent 

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1 cally based violence and homegrown terrorism in the 

2 United States should not violate the constitutional 

3 rights, civil rights, or civil liberties of United States 

4 citizens or lawful permanent residents. 

5 ‘‘(9) Certain governments, including the United 

6 Kingdom, Canada, and Australia have significant ex7 perience with homegrown terrorism and the United 

8 States can benefit from lessons learned by those na9 tions. 

10 ‘‘SEC. 899C. NATIONAL COMMISSION ON THE PREVENTION 

11 OF VIOLENT RADICALIZATION AND IDEO12 LOGICALLY BASED VIOLENCE. 

13 ‘‘(a) ESTABLISHMENT.—There is established within 

14 the legislative branch of the Government the National 

15 Commission on the Prevention of Violent Radicalization 

16 and Homegrown Terrorism. 

17 ‘‘(b) PURPOSE.—The purposes of the Commission are 

18 the following: 

19 ‘‘(1) Examine and report upon the facts and 

20 causes of violent radicalization, homegrown ter21 rorism, and ideologically based violence in the 

22 United States, including United States connections 

23 to non-United States persons and networks, violent 

24 radicalization, homegrown terrorism, and ideologi25 cally based violence in prison, individual or ‘lone 


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1 wolf’ violent radicalization, homegrown terrorism, 

2 and ideologically based violence, and other faces of 

3 the phenomena of violent radicalization, homegrown 

4 terrorism, and ideologically based violence that the 

5 Commission considers important. 

6 ‘‘(2) Build upon and bring together the work of 

7 other entities and avoid unnecessary duplication, by 

8 reviewing the findings, conclusions, and rec9 ommendations of— 

10 ‘‘(A) the Center of Excellence established 

11 or designated under section 899D, and other 

12 academic work, as appropriate; 

13 ‘‘(B) Federal, State, local, or tribal studies 

14 of, reviews of, and experiences with violent 

15 radicalization, homegrown terrorism, and ideo16 logically based violence; and 

17 ‘‘(C) foreign government studies of, re18 views of, and experiences with violent 

19 radicalization, homegrown terrorism, and ideo20 logically based violence. 

21 ‘‘(c) COMPOSITION OF COMMISSION.—The Commis22 sion shall be composed of 10 members appointed for the 

23 life of the Commission, of whom— 

24 ‘‘(1) one member shall be appointed by the 

25 President from among officers or employees of the 


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1 executive branch and private citizens of the United 

2 States; 

3 ‘‘(2) one member shall be appointed by the Sec4 retary; 

5 ‘‘(3) one member shall be appointed by the ma6 jority leader of the Senate; 

7 ‘‘(4) one member shall be appointed by the mi8 nority leader of the Senate; 

9 ‘‘(5) one member shall be appointed by the 

10 Speaker of the House of Representatives; 

11 ‘‘(6) one member shall be appointed by the mi12 nority leader of the House of Representatives; 

13 ‘‘(7) one member shall be appointed by the 

14 Chairman of the Committee on Homeland Security 

15 of the House of Representatives; 

16 ‘‘(8) one member shall be appointed by the 

17 ranking minority member of the Committee on 

18 Homeland Security of the House of Representatives; 

19 ‘‘(9) one member shall be appointed by the 

20 Chairman of the Committee on Homeland Security 

21 and Governmental Affairs of the Senate; and 

22 ‘‘(10) one member shall be appointed by the 

23 ranking minority member of the Committee on 

24 Homeland Security and Governmental Affairs of the 

25 Senate. 


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1 ‘‘(d) CHAIR AND VICE CHAIR.—The Commission 

2 shall elect a Chair and a Vice Chair from among its mem3 bers. 

4 ‘‘(e) QUALIFICATIONS.—Individuals shall be selected 

5 for appointment to the Commission solely on the basis of 

6 their professional qualifications, achievements, public stat7 ure, experience, and expertise in relevant fields, including 

8 behavioral science, constitutional law, corrections, counter9 terrorism, cultural anthropology, education, information 

10 technology, intelligence, juvenile justice, local law enforce11 ment, organized crime, Islam and other world religions, 

12 or sociology. 

13 ‘‘(f) DEADLINE FOR APPOINTMENT.—All members of 

14 the Commission shall be appointed no later than 60 days 

15 after the date of enactment of this subtitle. 

16 ‘‘(g) QUORUM AND MEETINGS.—The Commission 

17 shall meet and begin the operations of the Commission 

18 not later than 30 days after the date on which all members 

19 have been appointed or, if such meeting cannot be mutu20 ally agreed upon, on a date designated by the Speaker of 

21 the House of Representatives. Each subsequent meeting 

22 shall occur upon the call of the Chair or a majority of 

23 its members. A majority of the members of the Commis24 sion shall constitute a quorum, but a lesser number may 

25 hold meetings. 


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1 ‘‘(h) AUTHORITY OF INDIVIDUALS TO ACT FOR COM2 MISSION.—Any member of the Commission may, if au3 thorized by the Commission, take any action that the 

4 Commission is authorized to take under this Act. 

5 ‘‘(i) POWERS OF COMMISSION.—The powers of the 

6 Commission shall be as follows: 

7 ‘‘(1) IN GENERAL.— 

8 ‘‘(A) HEARINGS AND EVIDENCE.—The 

9 Commission or, on the authority of the Com10 mission, any subcommittee or member thereof, 

11 may, for the purpose of carrying out this sec12 tion, hold hearings and sit and act at such 

13 times and places, take such testimony, receive 

14 such evidence, and administer such oaths as the 

15 Commission considers advisable to carry out its 

16 duties. 

17 ‘‘(B) CONTRACTING.—The Commission 

18 may, to such extent and in such amounts as are 

19 provided in appropriation Acts, enter into con20 tracts to enable the Commission to discharge its 

21 duties under this section. 

22 ‘‘(2) INFORMATION FROM FEDERAL AGEN23 CIES.— 

24 ‘‘(A) IN GENERAL.—The Commission may 

25 request directly from any executive department, 


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1 bureau, agency, board, commission, office, inde2 pendent establishment, or instrumentality of the 

3 Government, information, suggestions, esti4 mates, and statistics for the purposes of this 

5 section. The head of each such department, bu6 reau, agency, board, commission, office, inde7 pendent establishment, or instrumentality shall, 

8 to the extent practicable and authorized by law, 

9 furnish such information, suggestions, esti10 mates, and statistics directly to the Commis11 sion, upon request made by the Chair of the 

12 Commission, by the chair of any subcommittee 

13 created by a majority of the Commission, or by 

14 any member designated by a majority of the 

15 Commission. 

16 ‘‘(B) RECEIPT, HANDLING, STORAGE, AND

17 DISSEMINATION.—The Committee and its staff 

18 shall receive, handle, store, and disseminate in19 formation in a manner consistent with the oper20 ative statutes, regulations, and Executive orders 

21 that govern the handling, storage, and dissemi22 nation of such information at the department, 

23 bureau, agency, board, commission, office, inde24 pendent establishment, or instrumentality that 

25 responds to the request. 


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1 ‘‘(j) ASSISTANCE FROM FEDERAL AGENCIES.— 

2 ‘‘(1) GENERAL SERVICES ADMINISTRATION.— 

3 The Administrator of General Services shall provide 

4 to the Commission on a reimbursable basis adminis5 trative support and other services for the perform6 ance of the Commission’s functions. 

7 ‘‘(2) OTHER DEPARTMENTS AND AGENCIES.— 

8 In addition to the assistance required under para9 graph (1), departments and agencies of the United 

10 States may provide to the Commission such services, 

11 funds, facilities, and staff as they may determine ad12 visable and as may be authorized by law. 

13 ‘‘(k) POSTAL SERVICES.—The Commission may use 

14 the United States mails in the same manner and under 

15 the same conditions as departments and agencies of the 

16 United States. 

17 ‘‘(l) NONAPPLICABILITY OF FEDERAL ADVISORY

18 COMMITTEE ACT.—The Federal Advisory Committee Act 

19 (5 U.S.C. App.) shall not apply to the Commission. 

20 ‘‘(m) PUBLIC MEETINGS.— 

21 ‘‘(1) IN GENERAL.—The Commission shall hold 

22 public hearings and meetings to the extent appro23 priate. 

24 ‘‘(2) PROTECTION OF INFORMATION.—Any pub25 lic hearings of the Commission shall be conducted in 


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1 a manner consistent with the protection of informa2 tion provided to or developed for or by the Commis3 sion as required by any applicable statute, regula4 tion, or Executive order including subsection 

5 (i)(2)(B). 

6 ‘‘(n) STAFF OF COMMISSION.— 

7 ‘‘(1) APPOINTMENT AND COMPENSATION.—The 

8 Chair of the Commission, in consultation with the 

9 Vice Chair and in accordance with rules adopted by 

10 the Commission, may appoint and fix the compensa11 tion of a staff director and such other personnel as 

12 may be necessary to enable the Commission to carry 

13 out its functions, without regard to the provisions of 

14 title 5, United States Code, governing appointments 

15 in the competitive service, and without regard to the 

16 provisions of chapter 51 and subchapter III of chap17 ter 53 of such title relating to classification and 

18 General Schedule pay rates, except that no rate of 

19 pay fixed under this subsection may exceed the max20 imum rate of pay for GS–15 under the General 

21 Schedule. 

22 ‘‘(2) STAFF EXPERTISE.—Individuals shall be 

23 selected for appointment as staff of the Commission 

24 on the basis of their expertise in one or more of the 

25 fields referred to in subsection (e). 


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1 ‘‘(3) PERSONNEL AS FEDERAL EMPLOYEES.— 

2 ‘‘(A) IN GENERAL.—The executive director 

3 and any employees of the Commission shall be 

4 employees under section 2105 of title 5, United 

5 States Code, for purposes of chapters 63, 81, 

6 83, 84, 85, 87, 89, and 90 of that title. 

7 ‘‘(B) MEMBERS OF COMMISSION.—Sub8 paragraph (A) shall not be construed to apply 

9 to members of the Commission. 

10 ‘‘(4) DETAILEES.—Any Federal Government 

11 employee may be detailed to the Commission without 

12 reimbursement from the Commission, and during 

13 such detail shall retain the rights, status, and privi14 leges of his or her regular employment without inter15 ruption. 

16 ‘‘(5) CONSULTANT SERVICES.—The Commis17 sion may procure the services of experts and consult18 ants in accordance with section 3109 of title 5, 

19 United States Code, but at rates not to exceed the 

20 daily rate paid a person occupying a position at level 

21 IV of the Executive Schedule under section 5315 of 

22 title 5, United States Code. 

23 ‘‘(6) EMPHASIS ON SECURITY CLEARANCES.— 

24 The Commission shall make it a priority to hire as 

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1 dividuals otherwise authorized by this section who 

2 have active security clearances. 

3 ‘‘(o) COMMISSION PERSONNEL MATTERS.— 

4 ‘‘(1) COMPENSATION OF MEMBERS.—Each 

5 member of the Commission who is not an employee 

6 of the Government shall be compensated at a rate 

7 not to exceed the daily equivalent of the annual rate 

8 of basic pay in effect for a position at level IV of 

9 the Executive Schedule under section 5315 of title 

10 5, United States Code, for each day during which 

11 that member is engaged in the actual performance 

12 of the duties of the Commission. 

13 ‘‘(2) TRAVEL EXPENSES.—While away from 

14 their homes or regular places of business in the per15 formance of services for the Commission, members 

16 of the Commission shall be allowed travel expenses, 

17 including per diem in lieu of subsistence, at rates 

18 authorized for employees of agencies under sub19 chapter I of chapter 57 of title 5, United States 

20 Code, while away from their homes or regular places 

21 of business in the performance of services for the 

22 Commission. 

23 ‘‘(3) TRAVEL ON ARMED FORCES CONVEY24 ANCES.—Members and personnel of the Commission 

25 may travel on aircraft, vehicles, or other conveyances 


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1 of the Armed Forces of the United States when such 

2 travel is necessary in the performance of a duty of 

3 the Commission, unless the cost of commercial 

4 transportation is less expensive. 

5 ‘‘(4) TREATMENT OF SERVICE FOR PURPOSES

6 OF RETIREMENT BENEFITS.—A member of the 

7 Commission who is an annuitant otherwise covered 

8 by section 8344 or 8468 of title 5, United States 

9 Code, by reason of membership on the Commission 

10 shall not be subject to the provisions of such section 

11 with respect to membership on the Commission. 

12 ‘‘(5) VACANCIES.—A vacancy on the Commis13 sion shall not affect its powers and shall be filled in 

14 the manner in which the original appointment was 

15 made. The appointment of the replacement member 

16 shall be made not later than 60 days after the date 

17 on which the vacancy occurs. 

18 ‘‘(p) SECURITY CLEARANCES.—The heads of appro19 priate departments and agencies of the executive branch 

20 shall cooperate with the Commission to expeditiously pro21 vide Commission members and staff with appropriate se22 curity clearances to the extent possible under applicable 

23 procedures and requirements. 

24 ‘‘(q) REPORTS.— 


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1 ‘‘(1) FINAL REPORT.—Not later than 18 

2 months after the date on which the Commission first 

3 meets, the Commission shall submit to the President 

4 and Congress a final report of its findings and con5 clusions, legislative recommendations for immediate 

6 and long-term countermeasures to violent 

7 radicalization, homegrown terrorism, and ideologi8 cally based violence, and measures that can be taken 

9 to prevent violent radicalization, homegrown ter10 rorism, and ideologically based violence from devel11 oping and spreading within the United States, and 

12 any final recommendations for any additional grant 

13 programs to support these purposes. The report may 

14 also be accompanied by a classified annex. 

15 ‘‘(2) INTERIM REPORTS.—The Commission 

16 shall submit to the President and Congress— 

17 ‘‘(A) by not later than 6 months after the 

18 date on which the Commission first meets, a 

19 first interim report on— 

20 ‘‘(i) its findings and conclusions and 

21 legislative recommendations for the pur22 poses described in paragraph (1); and 

23 ‘‘(ii) its recommendations on the fea24 sibility of a grant program established and 

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1 pose of preventing, disrupting, and miti2 gating the effects of violent radicalization, 

3 homegrown terrorism, and ideologically 

4 based violence and, if such a program is 

5 feasible, recommendations on how grant 

6 funds should be used and administered; 

7 and 

8 ‘‘(B) by not later than 6 months after the 

9 date on which the Commission submits the in10 terim report under subparagraph (A), a second 

11 interim report on such matters. 

12 ‘‘(3) INDIVIDUAL OR DISSENTING VIEWS.— 

13 Each member of the Commission may include in 

14 each report under this subsection the individual ad15 ditional or dissenting views of the member. 

16 ‘‘(4) PUBLIC AVAILABILITY.—The Commission 

17 shall release a public version of each report required 

18 under this subsection. 

19 ‘‘(r) AVAILABILITY OF FUNDING.—Amounts made 

20 available to the Commission to carry out this section shall 

21 remain available until the earlier of the expenditure of the 

22 amounts or the termination of the Commission. 

23 ‘‘(s) TERMINATION OF COMMISSION.—The Commis24 sion shall terminate 30 days after the date on which the 

25 Commission submits its final report. 


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1 ‘‘SEC. 899D. CENTER OF EXCELLENCE FOR THE STUDY OF 

2 VIOLENT RADICALIZATION AND HOME3 GROWN TERRORISM IN THE UNITED STATES. 

4 ‘‘(a) ESTABLISHMENT.—The Secretary of Homeland 

5 Security shall establish or designate a university-based 

6 Center of Excellence for the Study of Violent 

7 Radicalization and Homegrown Terrorism in the United 

8 States (hereinafter referred to as ‘Center’) following the 

9 merit-review processes and procedures and other limita10 tions that have been previously established for selecting 

11 and supporting University Programs Centers of Excel12 lence. The Center shall assist Federal, State, local, and 

13 tribal homeland security officials through training, edu14 cation, and research in preventing violent radicalization 

15 and homegrown terrorism in the United States. In car16 rying out this section, the Secretary may choose to either 

17 create a new Center designed exclusively for the purpose 

18 stated herein or identify and expand an existing Depart19 ment of Homeland Security Center of Excellence so that 

20 a working group is exclusively designated within the exist21 ing Center of Excellence to achieve the purpose set forth 

22 in subsection (b). 

23 ‘‘(b) PURPOSE.—It shall be the purpose of the Center 

24 to study the social, criminal, political, psychological, and 

25 economic roots of violent radicalization and homegrown 

26 terrorism in the United States and methods that can be 


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1 utilized by Federal, State, local, and tribal homeland secu2 rity officials to mitigate violent radicalization and home3 grown terrorism. 

4 ‘‘(c) ACTIVITIES.—In carrying out this section, the 

5 Center shall— 

6 ‘‘(1) contribute to the establishment of training, 

7 written materials, information, analytical assistance, 

8 and professional resources to aid in combating vio9 lent radicalization and homegrown terrorism; 

10 ‘‘(2) utilize theories, methods, and data from 

11 the social and behavioral sciences to better under12 stand the origins, dynamics, and social and psycho13 logical aspects of violent radicalization and home14 grown terrorism; 

15 ‘‘(3) conduct research on the motivational fac16 tors that lead to violent radicalization and home17 grown terrorism; and 

18 ‘‘(4) coordinate with other academic institutions 

19 studying the effects of violent radicalization and 

20 homegrown terrorism where appropriate. 

21 ‘‘SEC. 899E. PREVENTING VIOLENT RADICALIZATION AND 

22 HOMEGROWN TERRORISM THROUGH INTER23 NATIONAL COOPERATIVE EFFORTS. 

24 ‘‘(a) INTERNATIONAL EFFORT.—The Secretary shall, 

25 in cooperation with the Department of State, the Attorney 


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1 General, and other Federal Government entities, as appro2 priate, conduct a survey of methodologies implemented by 

3 foreign nations to prevent violent radicalization and home4 grown terrorism in their respective nations. 

5 ‘‘(b) IMPLEMENTATION.—To the extent that meth6 odologies are permissible under the Constitution, the Sec7 retary shall use the results of the survey as an aid in devel8 oping, in consultation with the Attorney General, a na9 tional policy in the United States on addressing 

10 radicalization and homegrown terrorism. 

11 ‘‘(c) REPORTS TO CONGRESS.—The Secretary shall 

12 submit a report to Congress that provides— 

13 ‘‘(1) a brief description of the foreign partners 

14 participating in the survey; and 

15 ‘‘(2) a description of lessons learned from the 

16 results of the survey and recommendations imple17 mented through this international outreach. 

18 ‘‘SEC. 899F. PROTECTING CIVIL RIGHTS AND CIVIL LIB19 ERTIES WHILE PREVENTING IDEOLOGICALLY 

20 BASED VIOLENCE AND HOMEGROWN TER21 RORISM. 

22 ‘‘(a) IN GENERAL.—The Department of Homeland 

23 Security’s efforts to prevent ideologically based violence 

24 and homegrown terrorism as described herein shall not 

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1 erties of United States citizens or lawful permanent resi2 dents. 

3 ‘‘(b) COMMITMENT TO RACIAL NEUTRALITY.—The 

4 Secretary shall ensure that the activities and operations 

5 of the entities created by this subtitle are in compliance 

6 with the Department of Homeland Security’s commitment 

7 to racial neutrality. 

8 ‘‘(c) AUDITING MECHANISM.—The Civil Rights and 

9 Civil Liberties Officer of the Department of Homeland Se10 curity shall develop and implement an auditing mechanism 

11 to ensure that compliance with this subtitle does not vio12 late the constitutional rights, civil rights, or civil liberties 

13 of any racial, ethnic, or religious group, and shall include 

14 the results of audits under such mechanism in its annual 

15 report to Congress required under section 705.’’. 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents in section 1(b) of such Act is amended by in18 serting at the end of the items relating to title VIII 

19 the following: 

‘‘Subtitle J—Prevention of Violent Radicalization and Homegrown Terrorism 

‘‘Sec. 899A. Definitions. 

‘‘Sec. 899B. Findings. 

‘‘Sec. 899C. National Commission on the Prevention of Violent Radicalization 

and Ideologically Based Violence. 

‘‘Sec. 899D. Center of Excellence for the Study of Violent Radicalization and 

Homegrown Terrorism in the United States. 

‘‘Sec. 899E. Preventing violent radicalization and homegrown terrorism 

through international cooperative efforts. 

‘‘Sec. 899F. Protecting civil rights and civil liberties while preventing ideologically based violence and homegrown terrorism.’’. 


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1 TITLE II—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

4 There is authorized to be appropriated to the Sec5 retary $47,474,026,000 for fiscal year 2011 for the nec6 essary expenses of the Department of Homeland Security. 

7 TITLE III—CONGRESSIONAL 

8 OVERSIGHT 

9 SEC. 301. CONGRESSIONAL OVERSIGHT. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) The National Commission on Terrorist At12 tacks Upon the United States (in this section re13 ferred to as the ‘‘9/11 Commission’’) recommended 

14 in its report in 2004 that ‘‘Congress should create 

15 a single, principal point of oversight and review for 

16 homeland security’’. 

17 (2) At the time of that recommendation, there 

18 were 86 committees and subcommittees exercising 

19 oversight of the Department of Homeland Security. 

20 As of the end of the 110th Congress, there were 108 

21 committees and subcommittees exercising such over22 sight. 

23 (3) The 9/11 Commission report further stated 

24 that ‘‘so long as oversight is governed by current 

25 congressional rules and resolutions, we believe the 


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1 American people will not get the security they want 

2 and need’’. 

3 (4) In a 2007 op-ed in the Washington Post, 

4 the former Chairman and Vice Chairman of the 9/ 

5 11 Commission, Governor Thomas Kean and Con6 gressman Lee Hamilton, described how fragmented 

7 congressional oversight of the Department of Home8 land Security results in ‘‘a major drain on senior 

9 management and a source of contradictory guid10 ance’’. 

11 (5) In a September 2007 letter to House of 

12 Representatives Homeland Security Committee 

13 ranking minority member Peter King, former Home14 land Security Secretary Michael Chertoff wrote that 

15 ‘‘arguably, the single most important step Congress 

16 can take to improve operational effectiveness at the 

17 Department of Homeland Security at this juncture 

18 is to streamline Congressional oversight of DHS’’. 

19 (6) On December 20, 2008, The New York 

20 Times published an editorial entitled ‘‘Wayward Eye 

21 on the Homeland’’, commenting on the inability of 

22 Congress to consolidate homeland security jurisdic23 tion, noting that ‘‘This is a comedy that invites fresh 

24 tragedy unless Congressional leaders finally resolve 

25 to streamline down to a few dedicated panels’’. 


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1 (7) The Commission on Weapons of Mass De2 struction Proliferation and Terrorism (in this section 

3 referred to as the ‘‘WMD Commission’’) rec4 ommended in 2008 that Congress ‘‘reform its over5 sight, both structurally and substantively, to better 

6 address intelligence, homeland security, and national 

7 security missions such as the prevention of weapons 

8 of mass destruction proliferation and terrorism’’. 

9 (8) The WMD Commission gave Congress an 

10 ‘‘F’’ on its Prevention of WMD Proliferation and 

11 Terrorism Report Card in January 2010 for failing 

12 to reform Congressional oversight, noting that ‘‘vir13 tually no progress has been made since consolidation 

14 was first recommended by the 9/11 Commission in 

15 2004’’. 

16 (9) On May 19, 2010, the former Chairman 

17 and Vice Chairman of the 9/11 Commission, Gov18 ernor Thomas Kean and Congressman Lee Ham19 ilton, testified before the House Committee on 

20 Homeland Security that ‘‘the jurisdictional melee 

21 among the scores of Congressional committees has 

22 led to conflicting and contradictory tasks and man23 dates for DHS.’’ Adding that ‘‘Without taking seri24 ous action, we fear this unworkable system could 

25 make the country less safe.’’. 


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1 (10) The current structure of oversight over 

2 homeland security and bifurcated Congressional ju3 risdiction has a deleterious effect on the ability of 

4 Congress to provide clear and consistent guidance to 

5 the Department and impedes the timely enactment 

6 of appropriate legislation that will best ensure the 

7 security of our Nation and its citizens. 

8 (b) SENSE OF CONGRESS REGARDING OVERSIGHT OF

9 HOMELAND SECURITY.—It is the sense of Congress that 

10 the House of Representatives and the Senate should fully 

11 implement the recommendations of the National Commis12 sion on Terrorist Attacks Upon the United States for cre13 ating a single, principal point of oversight and review for 

14 homeland security by amending House and Senate rules 

15 relating to committee jurisdiction. 

16 (c) AMENDMENT TO THE HOUSE RULES REGARDING

17 OVERSIGHT OF HOMELAND SECURITY.—Clause 2 of rule 

18 XII of the Rules of the House of Representatives is 

19 amended by redesignating paragraph (c) as paragraph (d) 

20 and inserting after paragraph (b) the following: 

21 ‘‘(c) The Speaker shall consider the recommendations 

22 of the National Commission on Terrorist Attacks Upon 

23 the United States for consolidating oversight and review 

24 of homeland security, and to the maximum extent feasible, 

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1 tees of matters under paragraph (a) related to homeland 

2 security and the Department of Homeland Security will 

3 have on the ability of the House of Representatives to pro4 vide clear and consistent guidance to the Department and 

5 act on such measures in a timely and effective manner 

6 consistent with those recommendations.’’. 

7 TITLE IV—BORDER SECURITY 

8 SEC. 401. STRATEGY TO ACHIEVE CONTROL OF THE BOR9 DER. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Secretary shall submit to the appro12 priate congressional committees a strategy for gaining ef13 fective control of the international borders of the United 

14 States within five years. The strategy shall include the 

15 staffing, technology, infrastructure, and other appropriate 

16 means necessary to achieve such effective control. 

17 SEC. 402. MAINTAINING BORDER PATROL STAFFING. 

18 (a) IN GENERAL.—For each of fiscal years 2011, 

19 2012, 2013, and 2014, the Secretary of Homeland Secu20 rity shall maintain a force of not fewer than 20,000 Bor21 der Patrol agents and sufficient support staff for such 

22 agents, including mechanics, administrative support, and 

23 surveillance personnel. 

24 (b) NORTHERN BORDER.—Of the Border Patrol 

25 agents required under subsection (a), not fewer than 


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1 2,500 of such agents shall be assigned to the northern 

2 border. 

3 SEC. 403. BORDER TECHNOLOGY AND INFRASTRUCTURE. 

4 (a) TECHNOLOGY.—The Secretary shall deploy a sys5 tem of technology to conduct systematic surveillance, de6 tection, and tracking along the international land and 

7 maritime borders of the United States. 

8 (b) COORDINATION.—In deploying technology pursu9 ant to subsection (a), the Secretary shall ensure that the 

10 procurement of independent systems are done in a manner 

11 that allows connectivity into a common operating picture 

12 for the United States Border Patrol and other agencies, 

13 as appropriate. 

14 (c) DETECTION.—The technology deployed pursuant 

15 to subsection (a) shall include the capability to detect low16 flying aircraft. 

17 (d) INFRASTRUCTURE.—The Secretary is authorized 

18 to construct physical fencing and vehicle barriers along the 

19 international land borders of the United States. 

20 SEC. 404. UNMANNED AERIAL SYSTEM DEPLOYMENT. 

21 (a) IN GENERAL.—Not later than one year after the 

22 date of the enactment of this Act, the Secretary of Home23 land Security shall— 

24 (1) identify not fewer than four strategic sec25 tions of the international land borders of the United 


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1 States where the deployment of unmanned aerial 

2 system assets would be beneficial to the Border Pa3 trol in implementing effective control of the border, 

4 in addition any such sections where unmanned aerial 

5 systems have been deployed as of the date of the en6 actment of this Act; and 

7 (2) notify the Federal Aviation Administration, 

8 the Committee on Homeland Security of the House 

9 of Representatives, and the Committee on Homeland 

10 Security and Governmental Affairs of the Senate re11 garding the Department’s intent to use national air 

12 space for unmanned aerial system assets in the stra13 tegic sections identified pursuant to paragraph (1). 

14 (b) DEPLOYMENT TIMELINE.—Not later than— 

15 (1) one year after the date of the enactment of 

16 this Act, the Secretary shall deploy unmanned aerial 

17 system assets to at least 50 percent of the strategic 

18 sections identified pursuant to subsection (a)(1) of 

19 the international land borders of the United States; 

20 and 

21 (2) three years after the date of the enactment 

22 of this Act, the Secretary shall deploy such un23 manned aerial system assets to 100 percent of such 

24 strategic sections. 


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1 (c) DEFINITION.—In this section, the term ‘‘effective 

2 control’’ means the ability to detect, identify, and prevent 

3 unlawful entries into the United States, including entries 

4 by terrorists and other unlawful aliens, instruments of ter5 rorism, narcotics, and other contraband. 

6 SEC. 405. BORDER SECURITY ON PUBLIC LANDS. 

7 On public lands of the United States, neither the Sec8 retary of the Interior nor the Secretary of Agriculture may 

9 impede, prohibit, or restrict activities of the Secretary of 

10 Homeland Security to achieve operational control (as de11 fined in section 2(b) of the Secure Fence Act of 2006 (8 

12 U.S.C. 1701 note; Public Law 109–367)). 

13 SEC. 406. INCREASE IN PORT OF ENTRY INSPECTION PER14 SONNEL. 

15 For each of fiscal years 2011, 2012, 2013, and 2014, 

16 the Secretary of Homeland Security shall, subject to the 

17 availability of appropriations for such purpose, increase by 

18 not fewer than 250 the number of Customs and Border 

19 Protection officers at United States ports of entry over 

20 the number of such officers at such ports for the preceding 

21 fiscal year. 

22 SEC. 407. MAINTAINING BORDER INSPECTION EXPERTISE. 

23 The Secretary, acting through the Commissioner of 

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1 sure that expertise is maintained in all United States Cus2 toms and Border Protection mission areas. 

3 SEC. 408. CONVERSION OF CERTAIN OVERSEAS LIMITED 

4 APPOINTMENTS. 

5 (a) DEFINITIONS.—For purposes of this section— 

6 (1) the term ‘‘Commissioner’’ means the Com7 missioner of United States Customs and Border 

8 Protection; 

9 (2) the term ‘‘United States Customs and Bor10 der Protection’’ means United States Customs and 

11 Border Protection of the Department of Homeland 

12 Security; 

13 (3) the term ‘‘competitive service’’ has the 

14 meaning given such term by section 2102 of title 5, 

15 United States Code; and 

16 (4) the term ‘‘overseas limited appointment’’ 

17 means an appointment under— 

18 (A) subpart B of part 301 of title 5 of the 

19 Code of Federal Regulations, as in effect on 

20 January 1, 2008; or 

21 (B) any similar antecedent or succeeding 

22 authority, as determined by the Commissioner. 

23 (b) AUTHORITY TO CONVERT CERTAIN OVERSEAS

24 LIMITED APPOINTMENTS TO PERMANENT APPOINT25 MENTS.— 


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1 (1) IN GENERAL.—Notwithstanding chapter 33 

2 of title 5, United States Code, or any other provision 

3 of law relating to the examination, certification, and 

4 appointment of individuals in the competitive serv5 ice, the Commissioner may convert an employee 

6 serving under an overseas limited appointment with7 in U.S. Customs and Border Protection to a perma8 nent appointment in the competitive service within 

9 U.S. Customs and Border Protection, if— 

10 (A) as of the time of conversion, the em11 ployee has completed at least 2 years of current 

12 continuous service under 1 or more overseas 

13 limited appointments; and 

14 (B) the employee’s performance has, 

15 throughout the period of continuous service re16 ferred to in subparagraph (A), been rated at 

17 least fully successful or the equivalent. 

18 An employee whose appointment is converted under 

19 the preceding sentence acquires competitive status 

20 upon conversion. 

21 (2) INDEMNIFICATION AND PRIVILEGES.— 

22 (A) INDEMNIFICATION.—The United 

23 States shall, in the case of any individual whose 

24 appointment is converted under paragraph (1), 

25 indemnify and hold such individual harmless 


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1 from any claim arising from any event, act, or 

2 omission— 

3 (i) that arises from the exercise of 

4 such individual’s official duties, including 

5 by reason of such individual’s residency 

6 status, in the foreign country in which 

7 such individual resides at the time of con8 version, 

9 (ii) for which the individual would not 

10 have been liable had the individual enjoyed 

11 the same privileges and immunities in the 

12 foreign country as an individual who either 

13 was a permanent employee, or was not a 

14 permanent resident, in the foreign country 

15 at the time of the event, act, or omission 

16 involved, and 

17 (iii) that occurs before, on, or after 

18 the date of the enactment of this Act, 

19 including any claim for taxes owed to the for20 eign country or a subdivision thereof. 

21 (B) SERVICES AND PAYMENTS.— 

22 (i) IN GENERAL.—In the case of any 

23 individual whose appointment is converted 

24 under paragraph (1), the United States 

25 shall provide to such individual (including 


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1 any dependents) services and monetary 

2 payments— 

3 (I) equivalent to the services and 

4 monetary payments provided to other 

5 Customs and Border Protection em6 ployees in similar positions (and their 

7 dependents) in the same country of 

8 assignment by international agree9 ment, an exchange of notes, or other 

10 diplomatic policy; and 

11 (II) for which such individual (in12 cluding any dependents) was not eligi13 ble by reason of such individual’s 

14 overseas limited appointment. 

15 (ii) APPLICABILITY.—Services and 

16 payments under this subparagraph shall be 

17 provided to an individual (including any 

18 dependents) to the same extent and in the 

19 same manner as if such individual had 

20 held a permanent appointment in the com21 petitive service throughout the period de22 scribed in paragraph (1)(A). The preceding 

23 sentence shall, in the case of any indi24 vidual, be effective as of the first day of 


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1 the period described in paragraph (1)(A) 

2 with respect to such individual. 

3 (3) GUIDANCE ON IMPLEMENTATION.—The 

4 Commissioner shall implement the conversion of an 

5 employee serving under an overseas limited appoint6 ment to a permanent appointment in the competitive 

7 service in a manner that— 

8 (A) meets the operational needs of the 

9 U.S. Customs and Border Protection; and 

10 (B) to the greatest extent practicable, is 

11 not disruptive to the employees affected under 

12 this section. 

13 SEC. 409. CIVIL AIR PATROL STUDY. 

14 (a) STUDY.—The Comptroller General of the United 

15 States shall conduct a study of the functions and capabili16 ties of the Civil Air Patrol to support the homeland secu17 rity missions of State, local, and tribal governments and 

18 the Department of Homeland Security. In conducting the 

19 study, the Comptroller General shall review the process 

20 by which the Civil Air Patrol may provide assistance to 

21 the Secretary of Homeland Security, other Federal agen22 cies, and States to support homeland security missions 

23 by— 

24 (1) providing aerial reconnaissance or commu25 nications capabilities for border security; 


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1 (2) providing capabilities for a collective re2 sponse to an act of terrorism, natural disaster, or 

3 other man-made event by assisting in damage as4 sessment and situational awareness, conducting 

5 search and rescue operations, assisting in evacu6 ations, and transporting time-sensitive medical or 

7 other materials; 

8 (3) providing assistance in the exercise and 

9 training of departmental resources responsible for 

10 the intercept of aviation threats to designated re11 stricted areas; and 

12 (4) carrying out such other activities as may be 

13 determined appropriate by the Comptroller General 

14 in the conduct of this review. 

15 (b) REPORT.—Not later than 180 days after the date 

16 of the enactment of this Act, the Comptroller General shall 

17 submit to the Secretary of Homeland Security, the Com18 mittees on Homeland Security and Transportation and In19 frastructure of the House of Representatives, and the 

20 Committee on Homeland Security and Governmental Af21 fairs of the Senate a report containing the findings of the 

22 review conducted under subsection (a). The report shall 

23 include— 


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1 (1) an assessment of the feasibility and cost ef2 fectiveness of using Civil Air Patrol assets for the 

3 purposes described in subsection (a); and 

4 (2) an assessment as to whether the current 

5 mechanisms for Federal agencies and States to re6 quest support from the Civil Air Patrol are sufficient 

7 or whether new agreements between relevant Federal 

8 agencies and the Civil Air Patrol are necessary. 

9 (c) REPORT TO CONGRESS.—Not later than 90 days 

10 after the date of the receipt of the report required under 

11 subsection (b), the Secretary of Homeland Security shall 

12 review and analyze the study and submit to the Commit13 tees on Homeland Security and Transportation and Infra14 structure of the House of Representatives and the Com15 mittee on Homeland Security and Governmental Affairs 

16 of the Senate a report on such review and analysis, includ17 ing any recommendations of the Secretary for further ac18 tion that could affect the organization and administration 

19 of the Department of Homeland Security. 

20 SEC. 410. IMPLEMENTATION OF US–VISIT. 

21 (a) AIRPORT AND SEAPORT EXIT IMPLEMENTA22 TION.—Not later than June 30, 2011, the Secretary of 

23 Homeland Security shall complete the exit portion of the 

24 integrated entry and exit data system (commonly referred 

25 to as the ‘‘United States Visitor and Immigrant Status 


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1 Indicator Technology system’’ or ‘‘US–VISIT’’) required 

2 under section 110 of the Illegal Immigration Reform and 

3 Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) 

4 for aliens arriving in or departing from the United States 

5 at an airport or seaport. 

6 (b) LAND EXIT IMPLEMENTATION.— 

7 (1) IN GENERAL.—The Secretary shall develop 

8 a strategy for implementation of the exit portion of 

9 such integrated entry and exit data system for aliens 

10 departing from the United States at a land port of 

11 entry. The Secretary shall provide the strategy to 

12 appropriate congressional committees not later than 

13 December 31, 2011. 

14 (2) ADDITIONAL MEASURES FOR DATA CAP15 TURE.—In developing the strategy, the Secretary 

16 shall consider additional measures to enhance the 

17 ability of the Department of Homeland Security to 

18 capture exit data. 

19 SEC. 411. NORTHERN BORDER CANINE TEAMS. 

20 Not later than one year after the date of the enact21 ment of this Act, the Secretary shall establish canine en22 forcement teams at the five busiest northern ports of entry 

23 and at other ports of entry as the Secretary determines 

24 necessary. 


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1 SEC. 412. VISA SECURITY PROGRAM EXPANSION. 

2 (a) ISSUANCE OF VISAS AT DESIGNATED DIPLO3 MATIC AND CONSULAR POSTS.—Section 428(i) of the 

4 Homeland Security Act of 2002 (6 U.S.C. 236(i)) is 

5 amended to read as follows: 

6 ‘‘(i) VISA ISSUANCE AT DESIGNATED CONSULAR

7 POSTS AND EMBASSIES.—Notwithstanding any other pro8 vision of law, the Secretary— 

9 ‘‘(1) shall conduct an on-site review of all visa 

10 applications and supporting documentation before 

11 adjudication at each of the visa adjudicating posts 

12 identified as high-risk, and posts subsequently des13 ignated as such, by the Secretary; and 

14 ‘‘(2) is authorized to assign employees of the 

15 Department to any diplomatic or consular post at 

16 which visas are issued unless, in the Secretary’s sole 

17 and unreviewable discretion, the Secretary deter18 mines that such an assignment at a particular post 

19 would not promote national or homeland security.’’. 

20 (b) EXPEDITED CLEARANCE AND PLACEMENT OF

21 DEPARTMENT OF HOMELAND SECURITY PERSONNEL AT

22 DIPLOMATIC AND CONSULAR POSTS.—The Secretary of 

23 State shall ensure that— 

24 (1) not later than 270 days after the date of 

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1 sonnel assigned by the Secretary of Homeland Secu2 rity under section 428(i)(1) of the Homeland Secu3 rity Act of 2002, as amended by such subsection, 

4 have been stationed at diplomatic and consular posts 

5 as determined by the Secretary of Homeland Secu6 rity; and 

7 (2) not later than 270 days after the date on 

8 which the Secretary of Homeland Security des9 ignates an additional diplomatic or consular post for 

10 personnel under section 428(i)(2) of the Homeland 

11 Security Act of 2002, as amended by subsection (a) 

12 of this section, the Department of Homeland Secu13 rity personnel assigned to such post have been sta14 tioned at such post. 

15 SEC. 413. VISA REVOCATION AUTHORITY. 

16 (a) AUTHORITY OF THE SECRETARY OF HOMELAND

17 SECURITY.—Section 428(b) of the Homeland Security Act 

18 (6 U.S.C. 236) is amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘Notwithstanding’’ and inserting ‘‘(1) AU21 THORITIES OF THE SECRETARY OF HOMELAND SE22 CURITY.—Notwithstanding’’; 

23 (2) by redesignating paragraphs (1) and (2) as 

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1 ing such subparagraphs, as so redesignated, two ems 

2 to the right; 

3 (3) in subparagraph (A), by striking ‘‘and’’ at 

4 the end; 

5 (4) by redesignating subparagraph (B) as sub6 paragraph (C); 

7 (5) by inserting after subparagraph (A) the fol8 lowing new subparagraph: 

9 ‘‘(B) may refuse or revoke any visa to any 

10 alien or class of aliens if the Secretary, or the 

11 Secretary’s designee, determines that such re12 fusal or revocation is necessary or advisable in 

13 the security interests of the United States; 

14 and’’; and 

15 (6) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) EFFECT OF REVOCATION.—The revocation 

18 of any visa of an alien under paragraph (1)(B) shall 

19 take effect immediately and shall automatically can20 cel any other valid visa that is in such alien’s posses21 sion.’’. 

22 (b) AUTHORITY OF THE SECRETARY OF STATE.— 

23 Section 428(c) of the Homeland Security Act (6 U.S.C. 

24 236)— 


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1 (1) by redesignating paragraph (2) as para2 graph (3); and 

3 (2) by inserting after paragraph (1) the fol4 lowing new paragraph: 

5 ‘‘(2) LIMITATION.—No decision by the Sec6 retary of State to approve a visa may override a de7 cision by the Secretary of Homeland Security under 

8 subsection (b).’’. 

9 SEC. 414. IMPROVED STUDENT VISA SCREENING AND FOR10 EIGN STUDENT MONITORING. 

11 (a) ENHANCED STUDENT VISA BACKGROUND

12 CHECKS.—Section 428 of the Homeland Security Act (6 

13 U.S.C. 236) is amended by adding at the end the fol14 lowing: 

15 ‘‘(j) STUDENT VISAS.—In administering the program 

16 under this section, not later than 180 days after the date 

17 of enactment of the Counterterrorism Enhancement and 

18 Department of Homeland Security Authorization Act of 

19 2010, the Secretary shall prescribe regulations to require 

20 employees assigned under subsection (e)(1) to conduct an 

21 on-site review of all applications for visas under subpara22 graph (F), (J), or (M) of section 101(a)(15) of the Immi23 gration and Nationality Act (8 U.S.C. 1101(a)(15)) prior 

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1 mining whether applicants are inadmissible under section 

2 212(a)(3)(B) of such Act (8 U.S.C. 1182(a)(3)(B)).’’. 

3 (b) IMPROVED FOREIGN STUDENT MONITORING.— 

4 Section 442(a) of the Homeland Security Act (6 U.S.C. 

5 252(a)) is amended— 

6 (1) by redesignating paragraph (5) as para7 graph (7); and 

8 (2) by inserting after paragraph (4) the fol9 lowing: 

10 ‘‘(5) STUDENT AND EXCHANGE VISITOR PRO11 GRAM.—— 

12 ‘‘(A) IN GENERAL.—In administering the 

13 program under paragraph (4), the Secretary, 

14 not later than October 1, 2011— 

15 ‘‘(i) shall prescribe regulations to re16 quire an institution or exchange visitor 

17 program sponsor participating in such pro18 gram to ensure that each covered student 

19 or exchange visitor enrolled at the institu20 tion or attending the exchange visitor pro21 gram— 

22 ‘‘(I) is an active participant in 

23 the program for which the covered 

24 student or exchange visitor was issued 

25 a visa to enter the United States; 


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1 ‘‘(II) is not unobserved for any 

2 period— 

3 ‘‘(aa) exceeding 30 days 

4 during any academic term or pro5 gram in which the covered stu6 dent or exchange visitor is en7 rolled; or 

8 ‘‘(bb) exceeding 60 days 

9 during any period not described 

10 in item (aa); and 

11 ‘‘(III) is reported to the Depart12 ment within 10 days of— 

13 ‘‘(aa) transferring to an14 other institution or program; 

15 ‘‘(bb) changing academic 

16 majors; or 

17 ‘‘(cc) any other changes to 

18 information required to be main19 tained in the system described in 

20 paragraph (4); and 

21 ‘‘(ii) notwithstanding clause (i), shall 

22 require each covered student or exchange 

23 visitor to be observed at least once every 

24 60 days. 


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1 ‘‘(B) DEFINITIONS.—For purposes of this 

2 paragraph: 

3 ‘‘(i) The term ‘covered student’ means 

4 a student who is a nonimmigrant pursuant 

5 to subparagraph (F), (J), or (M) of section 

6 101(a)(15) of the Immigration and Nation7 ality Act (8 U.S.C. 1101(a)(15)). 

8 ‘‘(ii) The term ‘observed’ means posi9 tively identified by physical or electronic 

10 means. 

11 ‘‘(6) UPGRADES TO SEVIS OR EQUIVALENT

12 DATA.—The Secretary shall update the program or 

13 system described in paragraph (4) to incorporate 

14 new data fields that include— 

15 ‘‘(A) verification that a covered student’s 

16 performance meets the minimum academic 

17 standards of the institution in which the stu18 dent is enrolled; and 

19 ‘‘(B) timely entry of any information re20 quired by paragraph (5) regarding covered stu21 dents and exchange visitors enrolled at institu22 tions or exchange program sponsors.’’. 


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1 TITLE V—ENFORCEMENT AND 

2 INVESTIGATIONS 

3 Subtitle A—Border and 

4 Immigration Enforcement 

5 SEC. 501. INCREASE IN FULL-TIME IMMIGRATION AND CUS6 TOMS ENFORCEMENT INVESTIGATORS. 

7 Subject to the availability of appropriations, in each 

8 of fiscal years 2011 through 2014, the Secretary of Home9 land Security shall increase by not fewer than 800 the 

10 number of positions for full-time active-duty investigators 

11 within the Department of Homeland Security above the 

12 number of such positions for which funds were allotted 

13 for the preceding fiscal year. 

14 SEC. 502. MANDATORY DETENTION FOR ALIENS APPRE15 HENDED AT OR BETWEEN PORTS OF ENTRY. 

16 (a) IN GENERAL.—Not later than 90 days after the 

17 date of the enactment of this Act, an alien who attempts 

18 to unlawfully enter the United States and is apprehended 

19 at a United States port of entry or along the international 

20 land and maritime borders of the United States shall be 

21 detained until removed or a final decision granting admis22 sion has been made, unless the alien— 

23 (1) is permitted to withdraw an application for 

24 admission under section 235(a)(4) of the Immigra25 tion and Nationality Act (8 U.S.C. 1225(a)(4)) and 


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1 immediately departs from the United States pursu2 ant to such section; or 

3 (2) is paroled into the United States by the 

4 Secretary of Homeland Security for urgent humani5 tarian reasons or significant public benefit in accord6 ance with section 212(d)(5)(A) of such Act (8 

7 U.S.C. 1182(d)(5)(A)). 

8 (b) RULES OF CONSTRUCTION.— 

9 (1) ASYLUM AND REMOVAL.—Nothing in this 

10 section shall be construed as limiting the right of an 

11 alien to apply for asylum or for relief or deferral of 

12 removal based on a fear of persecution. 

13 (2) TREATMENT OF CERTAIN ALIENS.—The 

14 mandatory detention requirement of subsection (a) 

15 shall not apply to any alien who is a native or citizen 

16 of a country in the Western Hemisphere with whose 

17 government the United States does not have full dip18 lomatic relations. 

19 (3) DISCRETION.—Nothing in this section shall 

20 be construed as limiting the authority of the Sec21 retary of Homeland Security, in the Secretary’s sole 

22 unreviewable discretion, to determine whether an 

23 alien described in clause (ii) of section 235(b)(1)(B) 

24 of the Immigration and Nationality Act (8 U.S.C. 

25 1225(b)(1)(B)) shall be detained or released after a 


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1 finding of a credible fear of persecution (as defined 

2 in clause (v) of such section). 

3 SEC. 503. DENIAL OF ADMISSION TO NATIONALS OF COUN4 TRIES DENYING OR DELAYING ACCEPTANCE 

5 OF ALIENS. 

6 Section 243(d) of the Immigration and Nationality 

7 Act (8 U.S.C. 1253(d)) is amended to read as follows: 

8 ‘‘(d) DENIAL OF ADMISSION TO NATIONALS OF

9 COUNTRY DENYING OR DELAYING ACCEPTING ALIEN.— 

10 Whenever the Secretary of Homeland Security determines 

11 that the government of a foreign country has denied or 

12 unreasonably delayed accepting an alien who is a citizen, 

13 subject, national, or resident of that country after the 

14 alien has been ordered removed from the United States, 

15 the Secretary, after consultation with the Secretary of 

16 State, may deny admission to any citizen, subject, na17 tional, or resident of that country until the country ac18 cepts the alien who was ordered removed.’’. 

19 SEC. 504. ALIEN TRANSFER AND REIMBURSEMENT AU20 THORITY. 

21 (a) TRANSFER TO FEDERAL CUSTODY.—The Sec22 retary of Homeland Security shall require appropriate per23 sonnel from the Department of Homeland Security to re24 spond within 24 hours in person to all requests made by 

25 a State, or political subdivision of a State, participating 


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1 in the program described in section 287(g) of the Immi2 gration and Nationality Act (8 U.S.C. 1357(g)) that the 

3 Secretary take into custody an alien, if the Secretary has 

4 confirmed that the alien is unlawfully present in the 

5 United States. 

6 (b) REIMBURSEMENT OF COSTS.—If the Secretary 

7 fails to carry out subsection (a), the Secretary shall be 

8 responsible for the detention costs incurred by the State 

9 or political subdivision as a result of such failure. 

10 Subtitle B—United States Secret 

11 Service 

12 SEC. 511. AUTHORIZATION OF THE HOMELAND SECURITY 

13 FUNCTIONS OF THE UNITED STATES SECRET 

14 SERVICE. 

15 (a) AUTHORIZATION.—Of the amount authorized in 

16 section 201, there is authorized to be appropriated 

17 $1,811,617,000 for fiscal year 2011 for the necessary ex18 penses of the United States Secret Service. 

19 (b) AUTHORIZED PERSONNEL STRENGTH.—The 

20 United States Secret Service is authorized 7,014 full-time 

21 equivalent positions for fiscal year 2011. 

22 SEC. 512. REPORT ON THE UNITED STATES SECRET SERV23 ICE JAMES J. ROWLEY TRAINING CENTER. 

24 Within 240 days after the date of the enactment of 

25 this Act, the Inspector General of the Department of 


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1 Homeland Security shall provide to the appropriate con2 gressional committees, including the Committees on 

3 Homeland Security and Appropriations of the House of 

4 Representatives and the Committees on Homeland Secu5 rity and Governmental Affairs and Appropriations of the 

6 Senate, a report describing the following: 

7 (1) The mission and training capabilities of the 

8 United States Secret Service James J. Rowley 

9 Training Center. 

10 (2) Current Secret Service personnel through11 put capacity of the James J. Rowley Training Cen12 ter. 

13 (3) Maximum Secret Service personnel through14 put capacity of the James J. Rowley Training Cen15 ter. 

16 (4) An assessment of what departmental com17 ponents engage in similar training activities as those 

18 conducted at the James J. Rowley Training Center. 

19 (5) An assessment of the infrastructure en20 hancements needed to support the mission and 

21 training capabilities of the James J. Rowley Train22 ing Center. 

23 (6) An assessment of the actual and expected 

24 total throughput capacity at the James J. Rowley 


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1 Training Center, including outside entity partici2 pants. 

3 SEC. 513. COMMUNICATIONS INTEROPERABILITY. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity shall implement full interoperability of all communica6 tions systems used by the United States Secret Service 

7 and the White House Communications Agency. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the 

9 amount authorized in section 511, $15,000,000 is avail10 able to complete the requirements in subsection (a). 

11 SEC. 514. INTERNATIONAL FIELD OFFICES. 

12 (a) CYBERSECURITY.—The Secretary of Homeland 

13 Security may establish permanent United States Secret 

14 Service international field offices to enhance cybersecurity 

15 and the Secret Service’s ability to combat cyber crime. 

16 (b) ANTI-COUNTERFEITING.—The Secretary may es17 tablish permanent United States Secret Service inter18 national field offices to enhance the Secret Service’s ability 

19 to combat counterfeiting of United States currency. 

20 (c) SELECTION OF COUNTRIES.—In selecting coun21 tries for the establishment of field offices under this sec22 tion, the Secretary shall— 

23 (1) consult with the Director of the United 

24 States Secret Service; and 


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1 (2) give priority to countries that pose the high2 est risk for cyber attacks against the United States 

3 and where the largest amount of counterfeit United 

4 States currency is produced. 

5 TITLE VI—TRANSPORTATION 

6 SECURITY 

7 SEC. 601. SHORT TITLE. 

8 This title may be cited as the ‘‘Transportation Secu9 rity Administration Authorization Act’’. 

10 SEC. 602. DEFINITIONS. 

11 In this title, the following definitions apply: 

12 (1) ASSISTANT SECRETARY.—The term ‘‘Assist13 ant Secretary’’ means Assistant Secretary of Home14 land Security (Transportation Security Administra15 tion). 

16 (2) ADMINISTRATION.—The term ‘‘Administra17 tion’’ means the Transportation Security Adminis18 tration. 

19 (3) AVIATION SECURITY ADVISORY COM20 MITTEE.—The term ‘‘Aviation Security Advisory 

21 Committee’’ means the advisory committee estab22 lished by section 44946 of title 49, United States 

23 Code, as added by this Act. 


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1 SEC. 603. AUTHORITIES VESTED IN ASSISTANT SECRETARY. 

2 Any authority vested in the Assistant Secretary under 

3 this title shall be carried out under the direction and con4 trol of the Secretary. 

5 Subtitle A—Authorization of 

6 Appropriations 

7 SEC. 611. AUTHORIZATION OF APPROPRIATIONS. 

8 Of the amounts authorized in section 201, there are 

9 authorized to be appropriated to the Secretary 

10 $8,310,835,000 for fiscal year 2011 for the necessary ex11 penses of the Transportation Security Administration. 

12 SEC. 612. RISK-BASED SYSTEM FOR ALLOCATION OF RE13 SOURCES. 

14 (a) REPORT.—Not later than 180 days after the date 

15 of enactment of this Act, the Assistant Secretary shall 

16 submit to the appropriate congressional committees, in17 cluding the Committee on Homeland Security of the 

18 House of Representatives, a report on the status of its 

19 implementation of recommendations from the Comptroller 

20 General with respect to the use by the Transportation Se21 curity Administration of a risk-based system for allocating 

22 security resources effectively. 

23 (b) ASSESSMENTS.—The report shall include assess24 ments of the Transportation Security Administration’s 

25 progress in— 


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1 (1) adopting security goals that define specific 

2 outcomes, conditions, end points, and performance 

3 targets; 

4 (2) conducting comprehensive risk assessments 

5 for the transportation sector that meet the criteria 

6 established under Homeland Security Presidential 

7 Directive–7 in effect as of January 1, 2009, and 

8 combine individual assessments of threat, vulner9 ability, and consequence; 

10 (3) analyzing the assessments described in 

11 paragraph (2) to produce a comparative analysis of 

12 risk across the entire transportation sector to guide 

13 current and future investment decisions; 

14 (4) establishing an approach for gathering data 

15 on investments by State, local, and private sector se16 curity partners in transportation security; 

17 (5) establishing a plan and corresponding 

18 benchmarks for conducting risk assessments for the 

19 transportation sector that identify the scope of the 

20 assessments and resource requirements for com21 pleting them; 

22 (6) establishing a strategy and timeline for ef23 fectuating the Administration’s intelligence-driven 

24 risk management approach and documenting the re25 sults of the assessment; 


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1 (7) optimizing the assignment of uncertainty or 

2 confidence levels to analytic intelligence products re3 lated to the Transportation Security Administra4 tion’s security mission and applying such approach; 

5 and 

6 (8) establishing internal controls, including— 

7 (A) a focal point and clearly defined roles 

8 and responsibilities for ensuring that the Ad9 ministration’s risk management framework is 

10 implemented; 

11 (B) policies, procedures, and guidance that 

12 require the implementation of the Administra13 tion’s framework and completion of related 

14 work activities; and 

15 (C) a system to monitor and improve how 

16 effectively the framework is being implemented. 

17 (c) ASSESSMENT AND PRIORITIZATION OF RISKS.— 

18 (1) IN GENERAL.—Consistent with the risk and 

19 threat assessments required under sections 

20 114(s)(3)(B) and 44904(c) of title 49, United States 

21 Code, the report shall include— 

22 (A) a summary that ranks the risks within 

23 and across transportation modes, including vul24 nerability of a cyber attack; and 


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1 (B) a description of the risk-based prior2 ities for securing the transportation sector, both 

3 within and across modes, in the order that the 

4 priorities should be addressed. 

5 (2) METHODS.—The report also shall— 

6 (A) describe the underlying methodologies 

7 used to assess risks across and within each 

8 transportation mode and the basis for any as9 sumptions regarding threats, vulnerabilities, 

10 and consequences made in assessing and 

11 prioritizing risks within and across such modes; 

12 and 

13 (B) include the Assistant Secretary’s work14 ing definition of the terms ‘‘risk-based’’ and 

15 ‘‘risk-informed’’. 

16 (d) FORMAT.—The report shall be submitted in clas17 sified or unclassified formats, as appropriate. 

18 Subtitle B—Aviation Security 

19 CHAPTER 1—AMENDMENTS TO CHAPTER 

20 449 

21 SEC. 621. SCREENING AIR CARGO AND CHECKED BAGGAGE. 

22 Section 44901(e)(1) of title 49, United States Code, 

23 is amended to read as follows: 

24 ‘‘(1) A bag match program, ensuring that no 

25 checked baggage is placed aboard an aircraft unless 


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1 the passenger who checked the baggage is aboard 

2 the aircraft, is not authorized as an alternate meth3 od of baggage screening where explosive detection 

4 equipment is available unless there are exigent cir5 cumstances as determined by the Assistant Sec6 retary. The Assistant Secretary shall report to the 

7 Committee on Homeland Security of the House of 

8 Representatives within 90 days of the determination 

9 that bag match must be used as an alternate method 

10 of baggage screening.’’. 

11 SEC. 622. PROHIBITION OF ADVANCE NOTICE OF COVERT 

12 TESTING TO SECURITY SCREENERS. 

13 (a) COVERT TESTING.—Section 44935 of title 49, 

14 United States Code, is amended— 

15 (1) by redesignating the second subsection (i) 

16 (as redesignated by section 111(a)(1) of Public Law 

17 107–71 (115 Stat. 616), relating to accessibility of 

18 computer-based training facilities) as subsection (k); 

19 and 

20 (2) by adding at the end the following new sub21 section: 

22 ‘‘(l) PROHIBITION OF ADVANCE NOTICE TO SECU23 RITY SCREENERS OF COVERT TESTING AND EVALUA24 TION.— 


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1 ‘‘(1) IN GENERAL.—The Assistant Secretary 

2 shall ensure that information concerning a covert 

3 test of a transportation security system to be con4 ducted by a covert testing office, the Inspector Gen5 eral of the Department of Homeland Security, or the 

6 Government Accountability Office is not provided to 

7 any individual prior to the completion of the test. 

8 ‘‘(2) EXCEPTIONS.—Notwithstanding para9 graph (1)— 

10 ‘‘(A) an authorized individual involved in a 

11 covert test of a transportation security system 

12 may provide information concerning the covert 

13 test to— 

14 ‘‘(i) employees, officers, and contrac15 tors of the Federal Government (including 

16 military personnel); 

17 ‘‘(ii) employees and officers of State 

18 and local governments; and 

19 ‘‘(iii) law enforcement officials who 

20 are authorized to receive or directed to be 

21 provided such information by the Assistant 

22 Secretary, the Inspector General of the De23 partment of Homeland Security, or the 

24 Comptroller General, as the case may be; 

25 and 


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1 ‘‘(B) for the purpose of ensuring the secu2 rity of any individual in the vicinity of a site 

3 where a covert test of a transportation security 

4 system is being conducted, an individual con5 ducting the test may disclose his or her status 

6 as an individual conducting the test to any ap7 propriate individual if a security screener or 

8 other individual who is not a covered employee 

9 identifies the individual conducting the test as 

10 a potential threat. 

11 ‘‘(3) SPECIAL RULES FOR TSA.— 

12 ‘‘(A) MONITORING AND SECURITY OF

13 TESTING PERSONNEL.—The head of each covert 

14 testing office shall ensure that a person or 

15 group of persons conducting a covert test of a 

16 transportation security system for the covert 

17 testing office is accompanied at the site of the 

18 test by a cover team composed of one or more 

19 employees of the covert testing office for the 

20 purpose of monitoring the test and confirming 

21 the identity of personnel involved in the test 

22 under subparagraph (B). 

23 ‘‘(B) RESPONSIBILITY OF COVER TEAM.— 

24 Under this paragraph, a cover team for a covert 

25 test of a transportation security system shall— 


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1 ‘‘(i) monitor the test; and 

2 ‘‘(ii) for the purpose of ensuring the 

3 security of any individual in the vicinity of 

4 a site where the test is being conducted, 

5 confirm, notwithstanding paragraph (1), 

6 the identity of any individual conducting 

7 the test to any appropriate individual if a 

8 security screener or other individual who is 

9 not a covered employee identifies the indi10 vidual conducting the test as a potential 

11 threat. 

12 ‘‘(C) AVIATION SCREENING.—Notwith13 standing subparagraph (A), the Transportation 

14 Security Administration is not required to have 

15 a cover team present during a test of the 

16 screening of persons, carry-on items, or checked 

17 baggage at an aviation security checkpoint at or 

18 serving an airport if the test— 

19 ‘‘(i) is approved, in coordination with 

20 the designated security official for the air21 port operator by the Federal Security Di22 rector for such airport; and 

23 ‘‘(ii) is carried out under an aviation 

24 screening assessment program of the De25 partment of Homeland Security. 


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1 ‘‘(D) USE OF OTHER PERSONNEL.—The 

2 Transportation Security Administration may 

3 use employees, officers, and contractors of the 

4 Federal Government (including military per5 sonnel) and employees and officers of State and 

6 local governments to conduct covert tests. 

7 ‘‘(4) DEFINITIONS.—In this subsection, the fol8 lowing definitions apply: 

9 ‘‘(A) APPROPRIATE INDIVIDUAL.—The 

10 term ‘appropriate individual’, as used with re11 spect to a covert test of a transportation secu12 rity system, means any individual that— 

13 ‘‘(i) the individual conducting the test 

14 determines needs to know his or her status 

15 as an individual conducting a test under 

16 paragraph (2)(B); or 

17 ‘‘(ii) the cover team monitoring the 

18 test under paragraph (3)(B)(i) determines 

19 needs to know the identity of an individual 

20 conducting the test. 

21 ‘‘(B) COVERED EMPLOYEE.—The term 

22 ‘covered employee’ means any individual who 

23 receives notice of a covert test before the com24 pletion of a test under paragraph (2)(A). 

25 ‘‘(C) COVERT TEST.— 


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1 ‘‘(i) IN GENERAL.—The term ‘covert 

2 test’ means an exercise or activity con3 ducted by a covert testing office, the In4 spector General of the Department of 

5 Homeland Security, or the Government Ac6 countability Office to intentionally test, 

7 compromise, or circumvent transportation 

8 security systems to identify vulnerabilities 

9 in such systems. 

10 ‘‘(ii) LIMITATION.—Notwithstanding 

11 clause (i), the term ‘covert test’ does not 

12 mean an exercise or activity by an em13 ployee or contractor of the Transportation 

14 Security Administration to test or assess 

15 compliance with relevant regulations. 

16 ‘‘(D) COVERT TESTING OFFICE.—The term 

17 ‘covert testing office’ means any office of the 

18 Transportation Security Administration des19 ignated by the Assistant Secretary to conduct 

20 covert tests of transportation security systems. 

21 ‘‘(E) EMPLOYEE OF A COVERT TESTING

22 OFFICE.—The term ‘employee of a covert test23 ing office’ means an individual who is an em24 ployee of a covert testing office or a contractor 


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1 or an employee of a contractor of a covert test2 ing office.’’. 

3 (b) UNIFORMS.—Section 44935(j) of such title is 

4 amended— 

5 (1) by striking ‘‘The Under Secretary’’ and in6 serting the following: 

7 ‘‘(1) UNIFORM REQUIREMENT.—The Assistant 

8 Secretary’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) ALLOWANCE.—The Assistant Secretary 

11 may grant a uniform allowance of not less than 

12 $300 to any individual who screens passengers and 

13 property pursuant to section 44901.’’. 

14 SEC. 623. SECURE VERIFICATION SYSTEM FOR LAW EN15 FORCEMENT OFFICERS. 

16 Section 44917 of title 49, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(e) SECURE VERIFICATION SYSTEM FOR LAW EN19 FORCEMENT OFFICERS.— 

20 ‘‘(1) IN GENERAL.—The Assistant Secretary 

21 shall develop a plan for a system to securely verify 

22 the identity and status of law enforcement officers 

23 flying while armed. The Assistant Secretary shall en24 sure that the system developed includes a biometric 

25 component. 


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1 ‘‘(2) DEMONSTRATION.—The Assistant Sec2 retary shall conduct a demonstration program to 

3 test the secure verification system described in para4 graph (1) before issuing regulations for deployment 

5 of the system. 

6 ‘‘(3) CONSULTATION.—The Assistant Secretary 

7 shall consult with the Aviation Security Advisory 

8 Committee, established under section 44946 of title 

9 49, United States Code, when developing the system 

10 and evaluating the demonstration program. 

11 ‘‘(4) REPORT.—The Assistant Secretary shall 

12 submit a report to the Committee on Homeland Se13 curity of the House of Representatives, evaluating 

14 the demonstration program of the secure verification 

15 system required by this section. 

16 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

17 From the amounts authorized under section 611 of 

18 the Transportation Security Administration Author19 ization Act, there is authorized to be appropriated to 

20 carry out this subsection $10,000,000, to remain 

21 available until expended.’’. 


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1 SEC. 624. OMBUDSMAN FOR FEDERAL AIR MARSHAL SERV2 ICE. 

3 Section 44917 of title 49, United States Code, as 

4 amended by section 623 of this Act, is further amended 

5 by adding at the end the following: 

6 ‘‘(f) OMBUDSMAN.— 

7 ‘‘(1) ESTABLISHMENT.—The Assistant Sec8 retary shall establish in the Federal Air Marshal 

9 Service an Office of the Ombudsman. 

10 ‘‘(2) APPOINTMENT.—The head of the Office 

11 shall be the Ombudsman, who shall be appointed by 

12 the Assistant Secretary. 

13 ‘‘(3) DUTIES.—The Ombudsman shall carry out 

14 programs and activities to improve morale, training, 

15 and quality of life issues in the Service, including 

16 through implementation of the recommendations of 

17 the Inspector General of the Department of Home18 land Security and the Comptroller General.’’. 

19 SEC. 625. FEDERAL FLIGHT DECK OFFICER PROGRAM EN20 HANCEMENTS. 

21 (a) ESTABLISHMENT.—Section 44921(a) of title 49, 

22 United States Code, is amended by striking the following: 

23 ‘‘The Under Secretary of Transportation for Security’’ 

24 and inserting ‘‘The Secretary of Homeland Security, act25 ing through the Assistant Secretary (Transportation Secu26 rity Administration)’’. 


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1 (b) ADMINISTRATORS.—Section 44921(b) of title 49, 

2 United States Code, is amended— 

3 (1) by striking ‘‘Under’’ in paragraphs (1), (2), 

4 (4), (6), and (7); and 

5 (2) by adding at the end the following: 

6 ‘‘(8) ADMINISTRATORS.—The Assistant Sec7 retary shall implement an appropriately sized admin8 istrative structure to manage the program, including 

9 overseeing— 

10 ‘‘(A) eligibility and requirement protocols 

11 administration; and 

12 ‘‘(B) communication with Federal flight 

13 deck officers.’’. 

14 (c) TRAINING, SUPERVISION, AND EQUIPMENT.— 

15 Section 44921(c)(2)(C) of such title is amended by adding 

16 at the end the following: 

17 ‘‘(iv) USE OF FEDERAL AIR MARSHAL

18 SERVICE FIELD OFFICE FACILITIES.—In 

19 addition to dedicated Government and con20 tract training facilities, the Assistant Sec21 retary shall require that field office facili22 ties of the Federal Air Marshal Service be 

23 used for the administrative and training 

24 needs of the program. Such facilities shall 

25 be available to Federal flight deck officers 


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1 at no cost for firearms training and quali2 fication, defensive tactics training, and 

3 program administrative assistance.’’. 

4 (d) REIMBURSEMENT.—Section 44921 of such title 

5 is amended by adding at the end the following: 

6 ‘‘(l) REIMBURSEMENT.—The Secretary, acting 

7 through the Assistant Secretary, shall reimburse all Fed8 eral flight deck officers for expenses incurred to complete 

9 a recurrent and requalifying training requirement nec10 essary to continue to serve as a Federal flight deck officer. 

11 Eligible expenses under this subsection include ground 

12 transportation, lodging, meals, and ammunition, to com13 plete any required training as determined by the Assistant 

14 Secretary.’’. 

15 SEC. 626. FEDERAL AIR MARSHALS. 

16 Section 44917 of title 49, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(e) CRIMINAL INVESTIGATIVE TRAINING PRO19 GRAM.— 

20 ‘‘(1) NEW EMPLOYEE TRAINING.—Not later 

21 than 30 days after the date of enactment of this 

22 subsection, the Federal Air Marshal Service shall re23 quire Federal air marshals hired after such date to 

24 complete the criminal investigative training program 


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1 at the Federal Law Enforcement Training Center as 

2 part of basic training for Federal air marshals. 

3 ‘‘(2) EXISTING EMPLOYEES.—A Federal air 

4 marshal who has previously completed the criminal 

5 investigative training program shall not be required 

6 to repeat such program. 

7 ‘‘(3) ALTERNATIVE TRAINING.—Not later than 

8 3 years after the date of enactment of this sub9 section, an air marshal hired before such date who 

10 has not completed the criminal investigative training 

11 program shall be required to complete a alternative 

12 training program, as determined by the Director of 

13 the Federal Law Enforcement Training Center, that 

14 provides the training necessary to bridge the gap be15 tween the mixed basic police training, the Federal 

16 air marshal programs already completed by the Fed17 eral air marshal and the criminal investigative train18 ing provided through the criminal investigative train19 ing program. Any such alternative program shall be 

20 deemed to have met the standards of the criminal 

21 investigative training program. 

22 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

23 Not less than $3,000,000 is authorized to be appro24 priated for fiscal year 2011 to carry out this sub25 section. 


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1 ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub2 section shall be construed to reclassify Federal air 

3 marshals as criminal investigators.’’. 

4 SEC. 627. ASSISTANT SECRETARY DEFINED. 

5 (a) IN GENERAL.—Subchapter II of chapter 449 of 

6 title 49, United States Code, is amended by inserting be7 fore section 44933 the following: 

8 ‘‘§ 44931. Assistant Secretary defined 

9 ‘‘(a) IN GENERAL.—In this chapter— 

10 ‘‘(1) the term ‘Assistant Secretary’ means the 

11 Assistant Secretary (Transportation Security Ad12 ministration); and 

13 ‘‘(2) any reference to the Administrator of the 

14 Transportation Security Administration, the Under 

15 Secretary of Transportation for Security, the Under 

16 Secretary of Transportation for Transportation Se17 curity, or the Under Secretary for Transportation 

18 Security shall be deemed to be a reference to the As19 sistant Secretary. 

20 ‘‘(b) AUTHORITIES VESTED IN ASSISTANT SEC21 RETARY.—Any authority vested in the Assistant Secretary 

22 under this chapter shall be carried out under the direction 

23 and control of the Secretary of Homeland Security.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 subchapter is amended by inserting before the item relat3 ing to section 44933 the following: 

‘‘44931. Assistant Secretary defined.’’. 

4 SEC. 628. TSA AND HOMELAND SECURITY INFORMATION 

5 SHARING. 

6 (a) FEDERAL SECURITY DIRECTOR.—Section 44933 

7 of title 49, United States Code, is amended— 

8 (1) in the section heading, by striking ‘‘Man9 agers’’ and inserting ‘‘Directors’’; 

10 (2) by striking ‘‘Manager’’ each place it appears 

11 and inserting ‘‘Director’’; 

12 (3) by striking ‘‘Managers’’ each place it ap13 pears and inserting ‘‘Directors’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(c) INFORMATION SHARING.—Not later than one 

16 year after the date of enactment of the Transportation Se17 curity Administration Authorization Act, the Assistant 

18 Secretary shall— 

19 ‘‘(1) require an airport security plan to have 

20 clear reporting procedures to provide that the Fed21 eral Security Director of the airport is immediately 

22 notified whenever any Federal, State, or local law 

23 enforcement personnel are called to an aircraft at a 

24 gate or on an airfield at the airport to respond to 

25 any security matter; 


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1 ‘‘(2) require each Federal Security Director of 

2 an airport to meet at least quarterly with law en3 forcement agencies serving the airport to discuss in4 cident management protocols; and 

5 ‘‘(3) require each Federal Security Director at 

6 an airport to inform, consult, and coordinate, as ap7 propriate, with the airport operator in a timely man8 ner on security matters impacting airport operations 

9 and to establish and maintain operational protocols 

10 with airport operators to ensure coordinated re11 sponses to security matters.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) Section 114(f)(6) of title 49, United States 

14 Code, is amended by striking ‘‘Managers’’ and in15 serting ‘‘Directors’’. 

16 (2) Section 44940(a)(1)(F) of title 49, United 

17 States Code, is amended by striking ‘‘Managers’’ 

18 and inserting ‘‘Directors’’. 

19 (c) TECHNICAL AMENDMENT.—The chapter analysis 

20 for chapter 449 is amended by striking the item relating 

21 to section 44933 and inserting the following: 

‘‘44933. Federal Security Directors.’’. 


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1 SEC. 629. AVIATION SECURITY STAKEHOLDER PARTICIPA2 TION. 

3 (a) IN GENERAL.—Subchapter II of chapter 449 of 

4 title 49, United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘§ 44946. Aviation Security Advisory Committee 

7 ‘‘(a) ESTABLISHMENT OF AVIATION SECURITY ADVI8 SORY COMMITTEE.— 

9 ‘‘(1) IN GENERAL.—The Assistant Secretary 

10 shall establish in the Transportation Security Ad11 ministration an advisory committee, to be known as 

12 the Aviation Security Advisory Committee (in this 

13 chapter referred to as the ‘Advisory Committee’), to 

14 assist the Assistant Secretary with issues pertaining 

15 to aviation security, including credentialing. 

16 ‘‘(2) RECOMMENDATIONS.—The Assistant Sec17 retary shall require the Advisory Committee to de18 velop recommendations for improvements to civil 

19 aviation security methods, equipment, and processes. 

20 ‘‘(3) MEETINGS.—The Assistant Secretary shall 

21 require the Advisory Committee to meet at least 

22 semiannually and may convene additional meetings 

23 as necessary. 

24 ‘‘(4) UNPAID POSITION.—Advisory Committee 

25 members shall serve at their own expense and reVerDate Mar 15 2010 04:16 Jun 26, 2010 Jkt 089200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H5590.IH H5590

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1 ceive no salary, reimbursement of travel expenses, or 

2 other compensation from the Federal Government. 

3 ‘‘(b) MEMBERSHIP.— 

4 ‘‘(1) MEMBER ORGANIZATIONS.—The Assistant 

5 Secretary shall ensure that the Advisory Committee 

6 is composed of not more than one individual rep7 resenting not more than 27 member organizations, 

8 including representation of air carriers, all cargo air 

9 transportation, indirect air carriers, labor organiza10 tions representing air carrier employees, aircraft 

11 manufacturers, airport operators, general aviation, 

12 and the aviation technology security industry, in13 cluding biometrics. 

14 ‘‘(2) APPOINTMENTS.—Members shall be ap15 pointed by the Assistant Secretary, and the Assist16 ant Secretary shall have the discretion to review the 

17 participation of any Advisory Committee member 

18 and remove for cause at any time. 

19 ‘‘(c) NONAPPLICABILITY OF FACA.—The Federal 

20 Advisory Committee Act (5 U.S.C. App.) shall not apply 

21 to the Advisory Committee under this section. 

22 ‘‘(d) AIR CARGO SECURITY WORKING GROUP.— 

23 ‘‘(1) IN GENERAL.—The Assistant Secretary 

24 shall establish within the Advisory Committee an air 

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1 ommendations for air cargo security issues, includ2 ing the implementation of the air cargo screening 

3 initiatives proposed by the Transportation Security 

4 Administration to screen air cargo on passenger air5 craft in accordance with established cargo screening 

6 mandates. 

7 ‘‘(2) MEETINGS.—The working group shall 

8 meet at least semiannually and provide annual re9 ports to the Assistant Secretary with recommenda10 tions to improve the Administration’s cargo screen11 ing initiatives established to meet all cargo screening 

12 mandates set forth in section 44901(g) of title 49, 

13 United States Code. 

14 ‘‘(3) MEMBERSHIP.—The working group shall 

15 include members from the Advisory Committee with 

16 expertise in air cargo operations and representatives 

17 from other stakeholders as determined by the Assist18 ant Secretary. 

19 ‘‘(4) REPORTS.— 

20 ‘‘(A) IN GENERAL.—The working group 

21 shall prepare and submit reports to the Assist22 ant Secretary in accordance with this para23 graph that provide cargo screening mandate im24 plementation recommendations. 


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1 ‘‘(B) SUBMISSION.—Not later than one 

2 year after the date of enactment of this section 

3 and on an annual basis thereafter, the working 

4 group shall submit its first report to the Assist5 ant Secretary, including any recommendations 

6 of the group— 

7 ‘‘(i) to reduce redundancies and in8 crease efficiencies with the screening and 

9 inspection of inbound cargo; and 

10 ‘‘(ii) on the potential development of a 

11 fee structure to help sustain cargo screen12 ing efforts.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for such 

14 subchapter is amended by adding at the end the following: 

‘‘44946. Aviation Security Advisory Committee.’’. 

15 SEC. 630. GENERAL AVIATION SECURITY. 

16 (a) IN GENERAL.—Subchapter II of chapter 449 of 

17 title 49, United States Code, as amended by section 629 

18 of this Act, is further amended by adding at the end the 

19 following: 

20 ‘‘§ 44947. General aviation security 

21 ‘‘(a) GENERAL AVIATION SECURITY GRANT PRO22 GRAM.— 

23 ‘‘(1) IN GENERAL.—The Assistant Secretary 

24 shall carry out a general aviation security grant pro25 gram to enhance transportation security at general 


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1 aviation airports by making grants to operators of 

2 general aviation airports for projects to enhance pe3 rimeter security, airfield security, and terminal secu4 rity. 

5 ‘‘(2) ELIGIBLE PROJECTS.—Not later than one 

6 year after the date of submission of the first report 

7 of the working group under subsection (b), the As8 sistant Secretary shall develop and make publically 

9 available a list of approved eligible projects for such 

10 grants under paragraph (1) based upon rec11 ommendations made by the working group in such 

12 report. 

13 ‘‘(3) FEDERAL SHARE.—The Federal share of 

14 the cost of activities for which grants are made 

15 under this subsection shall be 90 percent. 

16 ‘‘(4) PRESUMPTION OF CONGRESS RELATING TO

17 COMPETITIVE PROCEDURES.— 

18 ‘‘(A) PRESUMPTION.—It is the presump19 tion of Congress that grants awarded under 

20 this section will be awarded using competitive 

21 procedures based on risk. 

22 ‘‘(B) REPORT TO CONGRESS.—If grants 

23 are awarded under this section using proce24 dures other than competitive procedures, the 

25 Assistant Secretary shall submit to Congress a 


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1 report explaining why competitive procedures 

2 were not used. 

3 ‘‘(b) GENERAL AVIATION SECURITY WORKING

4 GROUP.— 

5 ‘‘(1) IN GENERAL.—The Assistant Secretary 

6 shall establish, within the Aviation Security Advisory 

7 Committee established under section 44946, a gen8 eral aviation working group to advise the Transpor9 tation Security Administration regarding transpor10 tation security issues for general aviation facilities, 

11 general aviation aircraft, heliports, and helicopter 

12 operations at general aviation and commercial serv13 ice airports. 

14 ‘‘(2) MEETINGS.—The working group shall 

15 meet at least semiannually and may convene addi16 tional meetings as necessary. 

17 ‘‘(3) MEMBERSHIP.—The Assistant Secretary 

18 shall appoint members from the Aviation Security 

19 Advisory Committee with general aviation experi20 ence. 

21 ‘‘(4) REPORTS.— 

22 ‘‘(A) SUBMISSION.—The working group 

23 shall submit a report to the Assistant Secretary 

24 with recommendations on ways to improve secu25 rity at general aviation airports. 


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1 ‘‘(B) CONTENTS OF REPORT.—The report 

2 of the working group submitted to the Assistant 

3 Secretary under this paragraph shall include 

4 any recommendations of the working group for 

5 eligible security enhancement projects at gen6 eral aviation airports to be funded by grants 

7 under subsection (a). 

8 ‘‘(C) SUBSEQUENT REPORTS.—After sub9 mitting the report, the working group shall con10 tinue to report to the Assistant Secretary on 

11 general aviation aircraft and airports. 

12 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—From 

13 amounts made available under section 611 of the Trans14 portation Security Administration Authorization Act, 

15 there is authorized to be appropriated for making grants 

16 under subsection (a) $20,000,000 for fiscal year 2011. 

17 None of the funds appropriated pursuant to this sub18 section may be used for a congressional earmark as de19 fined in clause 9d, of Rule XXI of the rules of the House 

20 of Representatives of the 111th Congress.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for such 

22 subchapter is further amended by adding at the end the 

23 following: 

‘‘44947. General aviation security.’’. 


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1 SEC. 631. SECURITY AND SELF-DEFENSE TRAINING. 

2 (a) Section 44918(b) of title 49, United States Code, 

3 is amended— 

4 (1) by striking paragraph (1) and inserting the 

5 following: 

6 ‘‘(1) SELF-DEFENSE TRAINING PROGRAM.—Not 

7 later than 1 year after the date of enactment of the 

8 Transportation Security Administration Authoriza9 tion Act, the Assistant Secretary shall provide ad10 vanced self-defense training of not less than 5 hours 

11 during each 2-year period for all cabin crew12 members. The Assistant Secretary shall consult with 

13 the Advisory Committee established under section 

14 44946 and cabin crew and air carrier representatives 

15 in developing a plan for providing self-defense train16 ing in conjunction with existing recurrent training.’’; 

17 (2) by striking paragraph (3) and inserting the 

18 following: 

19 ‘‘(3) PARTICIPATION.—A crewmember shall not 

20 be required to engage in any physical contact during 

21 the training program under this subsection.’’; and 

22 (3) by striking paragraph (4) and redesignating 

23 paragraphs (5) through (7) as paragraphs (4) 

24 through (6), respectively. 

25 (b) SECURITY TRAINING.—Section 44918(a)(6) of 

26 title 49, United States Code, is amended by adding at the 


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1 end the following: ‘‘The Assistant Secretary shall establish 

2 an oversight program for security training of cabin crew3 members that includes developing performance measures 

4 and strategic goals for air carriers, and standard protocols 

5 for Transportation Security Administration oversight in6 spectors, in accordance with recommendations by the In7 spector General of the Department of Homeland Security 

8 and the Comptroller General.’’. 

9 SEC. 632. SECURITY SCREENING OF INDIVIDUALS WITH 

10 METAL IMPLANTS TRAVELING IN AIR TRANS11 PORTATION. 

12 (a) IN GENERAL.—Section 44903 of title 49, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(m) SECURITY SCREENING OF INDIVIDUALS WITH

16 METAL IMPLANTS TRAVELING IN AIR TRANSPOR17 TATION.— 

18 ‘‘(1) IN GENERAL.—The Assistant Secretary 

19 shall carry out a program to ensure fair treatment 

20 in the screening of individuals with metal implants 

21 traveling in air transportation. 

22 ‘‘(2) PLAN.—Not later than 6 months after the 

23 date of enactment of the Transportation Security 

24 Administration Authorization Act, the Assistant Sec25 retary shall submit a plan to the Committee on 


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1 Homeland Security of the House of Representatives 

2 for improving security screening procedures for indi3 viduals with metal implants to limit disruptions in 

4 the screening process while maintaining security. 

5 The plan shall include an analysis of approaches to 

6 limit such disruptions for individuals with metal im7 plants, and benchmarks for implementing changes to 

8 the screening process and the establishment of a cre9 dential or system that incorporates biometric tech10 nology and other applicable technologies to verify the 

11 identity of an individual who has a metal implant. 

12 ‘‘(3) PROGRAM.—Not later than 12 months 

13 after the date of enactment of the Transportation 

14 Security Administration Authorization Act, the As15 sistant Secretary shall implement a program to im16 prove security screening procedures for individuals 

17 with metal implants to limit disruptions in the 

18 screening process while maintaining security, includ19 ing a credential or system that incorporates biomet20 ric technology or other applicable technologies to 

21 verify the identity of an individual who has a metal 

22 implant. 

23 ‘‘(4) METAL IMPLANT DEFINED.—In this para24 graph, the term ‘metal implant’ means a metal de25 vice or object that has been surgically implanted or 


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1 otherwise placed in the body of an individual, includ2 ing any metal device used in a hip or knee replace3 ment, metal plate, metal screw, metal rod inside a 

4 bone, and other metal orthopedic implants.’’. 

5 (b) EFFECTIVE DATE.—Not later than 180 days 

6 after the date of enactment of the Transportation Security 

7 Administration Authorization Act, the Secretary of Home8 land Security shall submit the plan for security screening 

9 procedures for individuals with metal implants, as re10 quired by section 44903(m) of title 49, United States 

11 Code. 

12 SEC. 633. PROHIBITION ON OUTSOURCING. 

13 Section 44903(j)(2)(C) of title 49, United States 

14 Code, is amended by adding at the end the following new 

15 clause: 

16 ‘‘(v) OUTSOURCING PROHIBITED.— 

17 Upon implementation of the advanced pas18 senger prescreening system required by 

19 this section, the Assistant Secretary shall 

20 prohibit any non-governmental entity from 

21 administering the function of comparing 

22 passenger information to the automatic se23 lectee and no fly lists, consolidated and in24 tegrated terrorist watchlists, or any list or 

25 database derived from such watchlists for 


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1 activities related to aviation security. The 

2 Assistant Secretary shall report to the 

3 Committee on Homeland Security of the 

4 House of Representatives and the Com5 mittee on Commerce, Science, and Trans6 portation of the Senate when any non-gov7 ernmental entity is authorized access to 

8 the watchlists described in this clause.’’. 

9 SEC. 634. KNOWN AIR TRAVELER CREDENTIAL. 

10 (a) ESTABLISHMENT.—Section 44903(h) of title 49, 

11 United States Code, is amended— 

12 (1) by redesignating paragraph (7) as para13 graph (8); and 

14 (2) by inserting after paragraph (6) the fol15 lowing: 

16 ‘‘(7) KNOWN AIR TRAVELER CREDENTIAL.— 

17 Not later than 6 months after the date of enactment 

18 of the Transportation Security Administration Au19 thorization Act, the Assistant Secretary shall— 

20 ‘‘(A) establish a known air traveler creden21 tial that incorporates biometric identifier tech22 nology; 

23 ‘‘(B) establish a process by which the cre24 dential will be used to verify the identity of 


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1 known air travelers and allow them expedited 

2 passenger and carry-on baggage screening; 

3 ‘‘(C) establish procedures— 

4 ‘‘(i) to ensure that only known air 

5 travelers are issued the known air traveler 

6 credential; 

7 ‘‘(ii) to resolve failures to enroll, false 

8 matches, and false nonmatches relating to 

9 use of the known air traveler credential; 

10 and 

11 ‘‘(iii) to invalidate any known air trav12 eler credential that is lost, stolen, or no 

13 longer authorized for use; 

14 ‘‘(D) begin issuance of the known air trav15 eler credential to each known air traveler that 

16 applies for a credential; and 

17 ‘‘(E) take such other actions with respect 

18 to the known air traveler credential as the As19 sistant Secretary considers appropriate.’’. 

20 (b) KNOWN AIR TRAVELER DEFINED.—Section 

21 44903(h)(8) of such title (as redesignated by subsection 

22 (a) of this section) is amended— 

23 (1) by redesignating subparagraph (F) as sub24 paragraph (G); and 


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1 (2) by inserting after subparagraph (E) the fol2 lowing: 

3 ‘‘(F) KNOWN AIR TRAVELER.—The term 

4 ‘known air traveler’ means a United States cit5 izen who— 

6 ‘‘(i) has received a security clearance 

7 from the Federal Government; 

8 ‘‘(ii) is a Federal Aviation Adminis9 tration certificated pilot, flight crew mem10 ber, or cabin crew member; 

11 ‘‘(iii) is a Federal, State, local, tribal, 

12 or territorial government law enforcement 

13 officer not covered by paragraph (6); 

14 ‘‘(iv) is a member of the armed forces 

15 (as defined by section 101 of title 10) who 

16 has received a security clearance from the 

17 Federal Government; or 

18 ‘‘(v) the Assistant Secretary deter19 mines has appropriate security qualifica20 tions for inclusion under this subpara21 graph.’’. 

22 SEC. 635. ADVANCED IMAGING TECHNOLOGY. 

23 (a) IN GENERAL.—The Assistant Secretary shall en24 sure that advanced imaging technology systems are pro25 cured and deployed in a timely manner in the Nation’s 


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1 commercial airports. Such systems may be utilized as a 

2 primary method of screening aviation passengers. 

3 (b) ALTERNATIVES REQUIRED.—Notwithstanding 

4 subsection (a), the Assistant Secretary shall prescribe for 

5 alternative screening processes or equipment in lieu of 

6 screening by advanced imaging technology, if such alter7 native results in a comparable level of security. 

8 (c) RISK-BASED DEPLOYMENT.—The Assistant Sec9 retary shall ensure that advanced imaging technology sys10 tems are deployed on a risk-based basis and consistent 

11 with the Transportation Security Administration’s most 

12 recent strategic plans for passenger checkpoint security. 

13 (d) DESCRIPTION OF ADVANCED IMAGING TECH14 NOLOGY.—Advanced imaging technology deployed under 

15 this section shall meet qualification standards set by the 

16 Transportation Security Administration and shall be capa17 ble of safely and nonintrusively screening a passenger’s 

18 whole body. 

19 (e) INFORMATION ON ADVANCED IMAGING TECH20 NOLOGY AT THE CHECKPOINT.—Information and pic21 torials of generic images produced by advanced imaging 

22 technology shall be posted at each commercial airport 

23 checkpoint where advanced imaging technology is de24 ployed. Such information shall include alternative screen25 ing procedures required under subsection (b). The AssistVerDate Mar 15 2010 04:16 Jun 26, 2010 Jkt 089200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H5590.IH H5590

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1 ant Secretary shall ensure that transportation security ad2 ministration personnel are available to speak with pas3 sengers regarding advanced imaging technology at each 

4 commercial airport checkpoint where advanced imaging 

5 technology is deployed. 

6 (f) ANNUAL REPORT.—The Assistant Secretary shall 

7 submit to the Committee on Homeland Security of the 

8 House of Representatives and the Committee on Com9 merce, Science, and Transportation of the Senate, in con10 junction with the Department’s annual budget submission 

11 to the Congress for fiscal years 2012, 2013, 2014, and 

12 2015, a report that includes— 

13 (1) an updated privacy impact assessment of 

14 advanced imaging technology; 

15 (2) an analysis of the results of covert testing 

16 conducted by the Transportation Security Adminis17 tration’s Office of Inspections and Office of Security 

18 Operations; and 

19 (3) an analysis of the Transportation Security 

20 Administration’s personnel model including a de21 tailed breakdown of personnel required to operate 

22 advanced imaging technology equipment. 

23 (g) INTERNATIONAL HARMONIZATION.—The Sec24 retary shall work with foreign nations, foreign civil avia25 tion authorities, international organizations, and associaVerDate Mar 15 2010 04:16 Jun 26, 2010 Jkt 089200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H5590.IH H5590

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1 tions including the International Civil Aviation Organiza2 tion, to set binding international standards for passenger 

3 checkpoint security at commercial airports worldwide. 

4 (h) FOREIGN ASSISTANCE AUTHORIZED.—The As5 sistant Secretary may lend, lease, donate, or otherwise 

6 provide security-related equipment, including advanced 

7 imaging technology, and provide technical training and 

8 support, to any foreign airport if— 

9 (1) the airport serves as a last point of depar10 ture prior to an aircraft’s entry into the United 

11 States; 

12 (2) the equipment, training, or support would 

13 assist in bringing the airport into compliance (or ex14 ceed compliance) with applicable International Civil 

15 Aviation Organization standards; and 

16 (3) such assistance is based upon the assess17 ment of the risks to the security of the United 

18 States and the ability of the airport to otherwise 

19 provide adequate security for passengers and air20 craft bound for the United States. 

21 (i) AUTHORIZATION OF APPROPRIATIONS.—Of the 

22 amount appropriated to the Secretary under section 611, 

23 there is authorized to be appropriated to the Secretary for 

24 advanced imaging technology systems $250,000,000 for 

25 fiscal year 2011. 


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1 CHAPTER 2—OTHER MATTERS 

2 SEC. 636. SECURITY RISK ASSESSMENT OF AIRPORT PERIM3 ETER ACCESS CONTROLS. 

4 (a) IN GENERAL.—The Assistant Secretary shall de5 velop a strategic risk-based plan to improve transportation 

6 security at airports that includes best practices to make 

7 airport perimeter access controls more secure at all com8 mercial service and general aviation airports. 

9 (b) CONTENTS.—The plan shall— 

10 (1) incorporate best practices for enhanced pe11 rimeter access controls; 

12 (2) evaluate and incorporate major findings of 

13 all relevant pilot programs of the Transportation Se14 curity Administration; 

15 (3) address recommendations of the Comp16 troller General on perimeter access controls; 

17 (4) include a requirement that airports update 

18 their security plans to incorporate the best practices, 

19 as appropriate, based on risk and adapt the best 

20 practices to meet the needs specific to their facilities; 

21 and 

22 (5) include an assessment of the role of new 

23 and emerging technologies, including unmanned and 

24 autonomous perimeter security technologies, that 


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1 could be utilized at both commercial and general 

2 aviation facilities. 

3 SEC. 637. ADVANCED PASSENGER PRESCREENING SYSTEM. 

4 (a) INITIAL REPORT.—Not later than 90 days after 

5 the date of enactment of this Act, the Comptroller General 

6 shall submit to the Committee on Homeland Security of 

7 the House of Representatives and the Committee on Com8 merce, Science, and Transportation of the Senate a report 

9 that— 

10 (1) describes the progress made by the Depart11 ment of Homeland Security in implementing the ad12 vanced passenger prescreening system; 

13 (2) compares the total number of misidentified 

14 passengers who must undergo secondary screening 

15 or have been prevented from boarding a plane dur16 ing the 3-month period beginning 90 days before the 

17 date of enactment of this Act with the 3-month pe18 riod beginning 90 days after such date; and 

19 (3) includes any other relevant recommenda20 tions that the Inspector General of the Department 

21 of Homeland Security or the Comptroller General 

22 determines appropriate. 

23 (b) SUBSEQUENT REPORTS.—The Comptroller Gen24 eral shall submit subsequent reports on the implementaVerDate Mar 15 2010 04:16 Jun 26, 2010 Jkt 089200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H5590.IH H5590

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1 tion to such Committees every 90 days thereafter until the 

2 implementation is complete. 

3 SEC. 638. BIOMETRIC IDENTIFIER AIRPORT ACCESS EN4 HANCEMENT DEMONSTRATION PROGRAM. 

5 (a) IN GENERAL.—The Assistant Secretary shall 

6 carry out a demonstration program under which biometric 

7 identifier access systems for individuals with unescorted 

8 access to secure or sterile areas of an airport, including 

9 airport employees and flight crews, are evaluated for the 

10 purposes of enhancing transportation security at airports 

11 and to determine how airports can implement uniform bio12 metric identifier and interoperable security systems. 

13 (b) AIRPORTS PARTICIPATING IN PROGRAM.—The 

14 Assistant Secretary shall select at least 7 airports, includ15 ing at least 2 large airports, to participate in the dem16 onstration program. 

17 (c) INITIATION AND DURATION OF PROGRAM.— 

18 (1) DEADLINE FOR INITIATION.—The Assistant 

19 Secretary shall conduct the demonstration program 

20 not later than one year after the date of enactment 

21 of this Act. 

22 (2) DURATION.—The program shall have a du23 ration of not less than 180 days and not more than 

24 one year. 


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1 (d) REQUIRED ELEMENTS.—In conducting the dem2 onstration program, the Assistant Secretary shall— 

3 (1) assess best operational, administrative, and 

4 management practices in creating uniform, stand5 ards-based, and interoperable biometric identifier 

6 systems for all individuals with access to secure or 

7 sterile areas of commercial service airports; and 

8 (2) conduct a risk-based analysis of the selected 

9 airports and other airports, as the Assistant Sec10 retary determines appropriate, to identify where the 

11 implementation of biometric identifier systems could 

12 benefit security. 

13 (e) CONSIDERATIONS.—In conducting the demonstra14 tion program, the Assistant Secretary shall consider, at 

15 a minimum, the following: 

16 (1) PARALLEL SYSTEMS.—Existing parallel bio17 metric transportation security systems applicable to 

18 workers with unescorted access to transportation 

19 systems, including— 

20 (A) transportation worker identification 

21 credentials issued under section 70105 of title 

22 46, United States Code; 

23 (B) armed law enforcement travel creden24 tials issued under section 44903(h)(6) of title 

25 49, United States Code; and 


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1 (C) other credential and biometric identi2 fier systems used by the Federal Government, 

3 as the Assistant Secretary considers appro4 priate. 

5 (2) EFFORTS BY TRANSPORTATION SECURITY

6 ADMINISTRATION.—Any biometric identifier system 

7 or proposals developed by the Assistant Secretary. 

8 (3) INFRASTRUCTURE AND TECHNICAL RE9 QUIREMENTS.—The architecture, modules, inter10 faces, and transmission of data needed for airport 

11 security operations. 

12 (4) EXISTING AIRPORT SYSTEMS.—Credential13 ing and access control systems in use in secure and 

14 sterile areas of airports. 

15 (5) ASSOCIATED COSTS.—The costs of imple16 menting uniform, standards-based, and interoperable 

17 biometric identifier systems at airports, including— 

18 (A) the costs to airport operators, airport 

19 workers, air carriers, and other aviation indus20 try stakeholders; and 

21 (B) the costs associated with ongoing oper22 ations and maintenance and modifications and 

23 enhancements needed to support changes in 

24 physical and electronic infrastructure. 


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1 (6) INFORMATION FROM OTHER SOURCES.— 

2 Recommendations, guidance, and information from 

3 other sources, including the Inspector General of the 

4 Department of Homeland Security, the Comptroller 

5 General, the heads of other governmental entities, 

6 organizations representing airport workers, and pri7 vate individuals and organizations. 

8 (f) IDENTIFICATION OF BEST PRACTICES.—In con9 ducting the demonstration program, the Assistant Sec10 retary shall identify best practices for the administration 

11 of biometric identifier access at airports, including best 

12 practices for each of the following processes: 

13 (1) Registration, vetting, and enrollment. 

14 (2) Issuance. 

15 (3) Verification and use. 

16 (4) Expiration and revocation. 

17 (5) Development of a cost structure for acquisi18 tion of biometric identifier credentials. 

19 (6) Development of redress processes for work20 ers. 

21 (g) CONSULTATION.—In conducting the demonstra22 tion program, the Assistant Secretary shall consult with 

23 the Aviation Security Advisory Committee regarding how 

24 airports may transition to uniform, standards-based, and 

25 interoperable biometric identifier systems for airport 


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1 workers and others with unescorted access to secure or 

2 sterile areas of an airport. 

3 (h) EVALUATION.—The Assistant Secretary shall 

4 conduct an evaluation of the demonstration program to 

5 specifically assess best operational, administrative, and 

6 management practices in creating a standard, interoper7 able, biometric identifier access system for all individuals 

8 with access to secure or sterile areas of commercial service 

9 airports. 

10 (i) REPORT TO CONGRESS.—Not later than 180 days 

11 after the last day of that demonstration program ends, 

12 the Assistant Secretary shall submit to the appropriate 

13 congressional committees, including the Committee on 

14 Homeland Security of the House of Representatives, a re15 port on the results of the demonstration program. The re16 port shall include possible incentives for airports that vol17 untarily seek to implement uniform, standards-based, and 

18 interoperable biometric identifier systems. 

19 (j) BIOMETRIC IDENTIFIER SYSTEM DEFINED.—In 

20 this section, the term ‘‘biometric identifier system’’ means 

21 a system that uses biometric identifier information to 

22 match individuals and confirm identity for transportation 

23 security and other purposes. 

24 (k) AUTHORIZATION OF APPROPRIATIONS.—From 

25 amounts authorized under section 611, there is authorized 


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1 to be appropriated a total of $20,000,000 to carry out this 

2 section for fiscal year 2011. 

3 SEC. 639. TRANSPORTATION SECURITY TRAINING PRO4 GRAMS. 

5 Not later than one year after the date of enactment 

6 of this Act, the Assistant Secretary shall establish recur7 ring training of transportation security officers regarding 

8 updates to screening procedures and technologies in re9 sponse to weaknesses identified in covert tests at airports. 

10 The training shall include— 

11 (1) internal controls for monitoring and docu12 menting compliance of transportation security offi13 cers with training requirements; 

14 (2) the availability of high-speed Internet and 

15 Intranet connectivity to all airport training facilities 

16 of the Administration; and 

17 (3) such other matters as identified by the As18 sistant Secretary with regard to training. 

19 SEC. 640. DEPLOYMENT OF TECHNOLOGY APPROVED BY 

20 SCIENCE AND TECHNOLOGY DIRECTORATE. 

21 (a) IN GENERAL.—The Assistant Secretary, in con22 sultation with the Directorate of Science and Technology 

23 of the Department of Homeland Security, shall develop 

24 and submit to the appropriate committees of Congress, in25 cluding the Committee on Homeland Security of the 


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1 House of Representatives, a strategic plan for the certifi2 cation and integration of technologies for transportation 

3 security with high approval or testing results from the Di4 rectorate and the Transportation Security Laboratory of 

5 the Department. 

6 (b) CONTENTS OF STRATEGIC PLAN.—The strategic 

7 plan developed under subsection (a) shall include— 

8 (1) a cost-benefit analysis to assist in prioritiz9 ing investments in new checkpoint screening tech10 nologies that compare the costs and benefits of 

11 screening technologies being considered for develop12 ment or acquisition with the costs and benefits of 

13 other viable alternatives; 

14 (2) quantifiable performance measures to assess 

15 the extent to which investments in research, develop16 ment, and deployment of checkpoint screening tech17 nologies achieve performance goals for enhancing se18 curity at airport passenger checkpoints; and 

19 (3) a method to ensure that operational tests 

20 and evaluations have been successfully completed in 

21 an operational environment before deploying check22 point screening technologies to airport checkpoints. 

23 (c) REPORT TO CONGRESS.— 

24 (1) IN GENERAL.—The Assistant Secretary 

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1 gress, including the Committee on Homeland Secu2 rity of the House of Representatives, an annual re3 port on the status of all technologies that have un4 dergone testing and evaluation, including tech5 nologies that have been certified by the Department, 

6 and any technologies used in a demonstration pro7 gram administered by the Administration. The re8 port shall also specify whether the technology was 

9 submitted by an academic institution, including an 

10 institution of higher education eligible to receive as11 sistance under title III or V of the Higher Education 

12 Act of 1965 (20 U.S.C. 1051 et seq. and 1101 et 

13 seq.). 

14 (2) FIRST REPORT.—The first report submitted 

15 under this subsection shall assess such technologies 

16 for a period of not less than 2 years. 

17 SEC. 641. IN-LINE BAGGAGE SCREENING STUDY. 

18 The Assistant Secretary shall consult with the Advi19 sory Committee and report to the appropriate committees 

20 of Congress, including the Committee on Homeland Secu21 rity of the House of Representatives, on deploying optimal 

22 baggage screening solutions and replacing baggage screen23 ing equipment nearing the end of its life cycle at commer24 cial service airports. Specifically, the report shall address 

25 the Administration’s plans, estimated costs, and current 


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1 benchmarks for replacing explosive detection equipment 

2 that is nearing the end of its life cycle. 

3 SEC. 642. IN-LINE CHECKED BAGGAGE SCREENING SYS4 TEMS. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) Since its inception, the Administration has 

7 procured and installed over 2,000 explosive detection 

8 systems (referred to in this section as ‘‘EDS’’) and 

9 8,000 explosive trace detection (referred to in this 

10 section as ‘‘ETD’’) systems to screen checked bag11 gage for explosives at the Nation’s commercial air12 ports. 

13 (2) Initial deployment of stand-alone EDS ma14 chines in airport lobbies resulted in operational inef15 ficiencies and security risks as compared to using 

16 EDS machines integrated in-line with airport bag17 gage conveyor systems. 

18 (3) The Administration has acknowledged the 

19 advantages of fully integrating in-line checked bag20 gage EDS systems, especially at large airports. Ac21 cording to the Administration, in-line EDS systems 

22 have proven to be cost-effective and more accurate 

23 at detecting dangerous items. 

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1 ployed on a wide-scale basis. The Administration es2 timates that installing and operating the optimal 

3 checked baggage screening systems could potentially 

4 cost more than $20,000,000,000 over 20 years. 

5 (5) Nearly $2,000,000,000 has been appro6 priated for the installation of in-line explosive detec7 tion systems, including necessary baggage handling 

8 system improvements, since 2007. 

9 (b) GAO REPORT.—The Comptroller General shall 

10 submit to the Committee on Homeland Security of the 

11 House of Representatives and the Committee on Com12 merce, Science, and Transportation of the Senate a report 

13 on the Administration’s progress in deploying optimal bag14 gage screening solutions and replacing aging baggage 

15 screening equipment at the Nation’s commercial airports. 

16 The report shall also include an analysis of the Adminis17 tration’s methodology for expending public funds to deploy 

18 in-line explosive detection systems since 2007. The report 

19 shall address, at a minimum— 

20 (1) the Administration’s progress in deploying 

21 optimal screening solutions at the Nation’s largest 

22 commercial airports, including resources obligated 

23 and expended through fiscal year 2009; 


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1 (2) the potential benefits and challenges associ2 ated with the deployment of optimal screening solu3 tions at the Nation’s commercial airports; and 

4 (3) the Administration’s plans, estimated costs, 

5 and current milestones for replacing EDS machines 

6 that are nearing the end of their estimated useful 

7 product lives. 

8 (c) UPDATES REQUIRED.—Not later than 6 months 

9 after submitting the report required in subsection (b) and 

10 every 6 months thereafter until the funds appropriated for 

11 such systems are expended, the Comptroller General shall 

12 provide the Committee on Homeland Security of the 

13 House of Representatives an update regarding its analysis 

14 of the Administration’s expenditures for explosive detec15 tion and in-line baggage systems. 

16 SEC. 643. INSPECTOR GENERAL REPORT ON CERTAIN POLI17 CIES FOR FEDERAL AIR MARSHALS. 

18 Not later than 120 days after the date of enactment 

19 of this Act, the Inspector General of the Department of 

20 Homeland Security shall review the minimum standards 

21 and policies regarding rest periods between deployments 

22 and any other standards or policies applicable to Federal 

23 air marshals reporting to duty. After such review, the In24 spector General shall make any recommendations to such 

25 standards and policies the Inspector General considers 


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1 necessary to ensure an alert and responsible workforce of 

2 Federal air marshals. 

3 SEC. 644. EXPLOSIVES DETECTION CANINE TEAMS MIN4 IMUM FOR AVIATION SECURITY. 

5 (a) AVIATION SECURITY.—The Assistant Secretary 

6 shall ensure that the number of explosives detection canine 

7 teams for aviation security is not less than 250 through 

8 fiscal year 2011. 

9 (b) CARGO SCREENING.—The Secretary shall in10 crease the number of canine detection teams, as of the 

11 date of enactment of this Act, deployed for the purpose 

12 of meeting the 100 percent air cargo screening require13 ment set forth in section 44901(g) of title 49, United 

14 States Code, by not less than 100 canine teams through 

15 fiscal year 2011. 

16 SEC. 645. ASSESSMENTS AND GAO REPORT OF INBOUND 

17 AIR CARGO SCREENING. 

18 Section 1602 of the Implementing Recommendations 

19 of the 9/11 Commission Act of 2007 (121 Stat. 478) is 

20 amended by inserting at the end the following: 

21 ‘‘(c) ASSESSMENT OF INBOUND COMPLIANCE.— 

22 Upon establishment of the inbound air cargo screening 

23 system, the Assistant Secretary shall submit a report to 

24 the Committee on Homeland Security in the House of 

25 Representatives on the impact, rationale, and percentage 


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1 of air cargo being exempted from screening under exemp2 tions granted under section 44901(i)(1) of title 49, United 

3 States Code. 

4 ‘‘(d) GAO REPORT.—Not later than 120 days after 

5 the date of enactment of this Act and quarterly thereafter 

6 until December 31, 2015, the Comptroller General shall 

7 review the air cargo screening system for inbound pas8 senger aircraft and report to the Committee on Homeland 

9 Security in the House of Representatives on the status of 

10 implementation, including the approximate percentage of 

11 cargo being screened, as well as the Administration’s 

12 methods to verify the screening system’s implementa13 tion.’’. 

14 SEC. 646. STATUS OF EFFORTS TO PROMOTE AIR CARGO 

15 SHIPPER CERTIFICATION. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Assistant Secretary shall submit to the 

18 Committee on Homeland Security of the House of Rep19 resentatives and the Committee on Commerce, Science, 

20 and Transportation of the Senate a report on the status 

21 of the implementation of the Administration’s plan to pro22 mote a program to certify the screening methods used by 

23 shippers in a timely manner, in accordance with section 

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1 ticipation by shippers with robust and mature internal se2 curity programs. 

3 SEC. 647. FULL AND OPEN COMPETITION IN SECURITY 

4 BACKGROUND SCREENING SERVICE. 

5 Not later than 9 months after the date of enactment 

6 of this section, the Secretary shall publish in the Federal 

7 Register a notice that the selection process for security 

8 background screening services for persons requiring back9 ground screening in the aviation industry is subject to full 

10 and open competition. The notice shall include— 

11 (1) a statement that airports and other affected 

12 entities are not required to use a single service pro13 vider of background screening services and may use 

14 the services of other providers approved by the As15 sistant Secretary; 

16 (2) any requirements for disposal of personally 

17 identifiable information by the approved provider by 

18 a date certain; and 

19 (3) information on all technical specifications 

20 and other criteria required by the Assistant Sec21 retary to approve a background screening service 

22 provider. 


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1 SEC. 648. TRUSTED PASSENGER/REGISTERED TRAVELER 

2 PROGRAM. 

3 (a) ASSESSMENTS AND BACKGROUND CHECKS.— 

4 Subject to paragraph (2) and not later than 120 days 

5 after the date of enactment of this Act, to enhance avia6 tion security through risk management at airport check7 points through use of a trusted passenger program, com8 monly referred to as the Registered Traveler program, es9 tablished pursuant to section 109(a)(3) of the Aviation 

10 Transportation Security Act (115 Stat. 597), the Assist11 ant Secretary shall— 

12 (1) reinstate an initial and continuous security 

13 threat assessment program as part of the Registered 

14 Traveler enrollment process; and 

15 (2) allow Registered Traveler providers to per16 form private sector background checks as part of 

17 their enrollment process with assurance that the pro18 gram shall be undertaken in a manner consistent 

19 with constitutional privacy and civil liberties protec20 tions and be subject to approval and oversight by 

21 the Assistant Secretary. 

22 (b) NOTIFICATION.— 

23 (1) CONTENTS.—Not later than 180 days after 

24 the date of enactment of this Act, if the Assistant 

25 Secretary determines that the Registered Traveler 

26 program can be integrated into risk-based aviation 


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1 security operations under subsection (a), the Assist2 ant Secretary shall report to the Committee on 

3 Homeland Security of the House of Representatives 

4 and the Committee on Commerce, Science, and 

5 Transportation of the Senate regarding— 

6 (A) the level of risk reduction provided by 

7 carrying out section (a); and 

8 (B) how the Registered Traveler program 

9 has been integrated into risk-based aviation se10 curity operations. 

11 (2) CHANGES TO PROTOCOL.—The Assistant 

12 Secretary shall also set forth what changes to the 

13 program, including screening protocols, have been 

14 implemented to realize the full potential of the Reg15 istered Traveler program. 

16 (c) TREATMENT OF INDIVIDUALS WITH TOP SECRET

17 SECURITY CLEARANCES.—Not later than 180 days after 

18 the date of enactment of this Act, the Assistant Secretary 

19 shall establish protocols to— 

20 (1) verify the identity of United States citizens 

21 who participate in the Registered Traveler program 

22 and possess a valid top secret security clearance 

23 granted by the Federal Government; and 

24 (2) allow alternative screening procedures for 

25 individuals described in paragraph (1), including 


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1 random, risk-based screening determined necessary 

2 to respond to a specific threat to security identified 

3 pursuant to a security threat assessment. 

4 (d) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to authorize any nongovernmental 

6 entity to perform vetting against the terrorist screening 

7 database maintained by the Administration. 

8 SEC. 649. REPORT ON CABIN CREW COMMUNICATION. 

9 Not later than one year after the date of enactment 

10 of this Act, the Assistant Secretary, in consultation with 

11 the Advisory Committee established under section 44946 

12 of title 49, United States Code, shall prepare a report that 

13 assesses technologies and includes standards for the use 

14 of wireless devices to enhance transportation security on 

15 aircraft for the purpose of ensuring communication be16 tween and among cabin crew and pilot crewmembers, em17 barked Federal air marshals, and authorized law enforce18 ment officials, as appropriate. 

19 SEC. 650. AIR CARGO CREW TRAINING. 

20 The Assistant Secretary, in consultation with the Ad21 visory Committee established under section 44946 of title 

22 49, United States Code, shall develop a plan for security 

23 training for the all-cargo aviation threats for pilots and, 

24 as appropriate, other crewmembers operating in all-cargo 

25 transportation. 


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1 SEC. 651. REIMBURSEMENT FOR AIRPORTS THAT HAVE IN2 CURRED ELIGIBLE COSTS. 

3 (a) PROCESS.—Section 1604(b)(2) of the Imple4 menting Recommendations of the 9/11 Commission Act of 

5 2007 (121 Stat. 481) is amended to read as follows: 

6 ‘‘(2) AIRPORTS THAT HAVE INCURRED ELIGI7 BLE COSTS.— 

8 ‘‘(A) IN GENERAL.—Not later than 60 

9 days after the date of enactment of the Trans10 portation Security Administration Authorization 

11 Act, the Assistant Secretary of Homeland Secu12 rity (Transportation Security Administration) 

13 shall establish a process for resolving reim14 bursement claims for airports that have in15 curred, before the date of enactment of this 

16 Act, eligible costs associated with development 

17 of partial or completed in-line baggage systems. 

18 ‘‘(B) PROCESS FOR RECEIVING REIM19 BURSEMENT.—The process shall allow an air20 port— 

21 ‘‘(i) to submit a claim to the Assistant 

22 Secretary for reimbursement for eligible 

23 costs described in subparagraph (A); and 

24 ‘‘(ii) not later than 180 days after 

25 date on which the airport submits the 

26 claim, to receive a determination on the 


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1 claim and, if the determination is positive, 

2 to be reimbursed. 

3 ‘‘(C) REPORT.—Not later than 60 days 

4 after the date on which the Assistant Secretary 

5 establishes the process under subparagraph (B), 

6 the Assistant Secretary shall submit to the 

7 Committee on Homeland Security of the House 

8 of Representatives a report containing a de9 scription of the process, including a schedule 

10 for the timely reimbursement of airports for 

11 which a positive determination has been 

12 made.’’. 

13 (b) REIMBURSEMENTS OF AIRPORTS FOR ELIGIBLE

14 COSTS REIMBURSED AT LESS THAN 90 PERCENT.—If the 

15 Secretary or Assistant Secretary reimbursed, after August 

16 3, 2007, an airport that incurred an amount for eligible 

17 costs under section 44923 of title 49, United States Code, 

18 that was less than 90 percent of such costs, the Secretary 

19 or Assistant Secretary shall reimburse such airport under 

20 such section an amount equal to the difference for such 

21 eligible costs. 


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1 SEC. 652. ESTABLISHMENT OF APPEAL AND REDRESS 

2 PROCESS FOR INDIVIDUALS WRONGLY DE3 LAYED OR PROHIBITED FROM BOARDING A 

4 FLIGHT, OR DENIED A RIGHT, BENEFIT, OR 

5 PRIVILEGE. 

6 (a) IN GENERAL.—Subtitle H of title VIII of the 

7 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

8 is amended by adding at the end the following new section: 

9 ‘‘SEC. 890A. APPEAL AND REDRESS PROCESS FOR PAS10 SENGERS WRONGLY DELAYED OR PROHIB11 ITED FROM BOARDING A FLIGHT, OR DENIED 

12 A RIGHT, BENEFIT, OR PRIVILEGE. 

13 ‘‘(a) ESTABLISHMENT.—Not later than 30 days after 

14 the date of the enactment of this section, the Secretary 

15 shall establish a timely and fair process for individuals 

16 who believe they were delayed or prohibited from boarding 

17 a commercial aircraft or denied a right, benefit, or privi18 lege because they were wrongly identified as a threat when 

19 screened against any terrorist watchlist or database used 

20 by the Transportation Security Administration (TSA) or 

21 any office or component of the Department. 

22 ‘‘(b) OFFICE OF APPEALS AND REDRESS.— 

23 ‘‘(1) ESTABLISHMENT.—The Secretary shall es24 tablish in the Department an Office of Appeals and 

25 Redress to implement, coordinate, and execute the 

26 process established by the Secretary pursuant to 


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1 subsection (a). The Office shall include representa2 tives from the TSA and such other offices and com3 ponents of the Department as the Secretary deter4 mines appropriate. 

5 ‘‘(2) COMPREHENSIVE CLEARED LIST.—The 

6 process established by the Secretary pursuant to 

7 subsection (a) shall include the establishment of a 

8 method by which the Office, under the direction of 

9 the Secretary, will maintain and appropriately dis10 seminate a comprehensive list, to be known as the 

11 ‘Comprehensive Cleared List’, of individuals who— 

12 ‘‘(A) were misidentified as an individual on 

13 any terrorist watchlist or database; 

14 ‘‘(B) completed an approved Department 

15 of Homeland Security appeal and redress re16 quest and provided such additional information 

17 as required by the Department to verify the in18 dividual’s identity; and 

19 ‘‘(C) permit the use of their personally 

20 identifiable information to be shared between 

21 multiple Departmental components for purposes 

22 of this section. 

23 ‘‘(3) USE OF COMPREHENSIVE CLEARED

24 LIST.— 

25 ‘‘(A) IN GENERAL.—The Secretary shall— 


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1 ‘‘(i) except as provided in subpara2 graph (B), transmit to the TSA or any 

3 other appropriate office or component of 

4 the Department, other Federal, State, 

5 local, and tribal entities, and domestic air 

6 carriers and foreign air carriers that use 

7 any terrorist watchlist or database, the 

8 Comprehensive Cleared List and any other 

9 information the Secretary determines nec10 essary to resolve misidentifications and im11 prove the administration of the advanced 

12 passenger prescreening system and reduce 

13 the number of false positives; and 

14 ‘‘(ii) ensure that the Comprehensive 

15 Cleared List is taken into account by all 

16 appropriate offices or components of the 

17 Department when assessing the security 

18 risk of an individual. 

19 ‘‘(B) TERMINATION.— 

20 ‘‘(i) IN GENERAL.—The transmission 

21 of the Comprehensive Cleared List to do22 mestic air carriers and foreign air carriers 

23 under clause (i) of subparagraph (A) shall 

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1 eral Government assumes terrorist watch2 list or database screening functions. 

3 ‘‘(ii) WRITTEN NOTIFICATION TO CON4 GRESS.—Not later than 15 days after the 

5 date on which the transmission of the 

6 Comprehensive Cleared List to the air car7 riers referred to in clause (i) of this sub8 paragraph terminates in accordance with 

9 such clause, the Secretary shall provide 

10 written notification to the Committee on 

11 Homeland Security of the House of Rep12 resentatives and the Committee on Com13 merce, Science, and Transportation and 

14 the Committee on Homeland Security and 

15 Governmental Affairs of the Senate of such 

16 termination. 

17 ‘‘(4) INTERGOVERNMENTAL EFFORTS.—The 

18 Secretary may— 

19 ‘‘(A) enter into memoranda of under20 standing with other Federal, State, local, and 

21 tribal agencies or entities, as necessary, to im22 prove the appeal and redress process and for 

23 other purposes such as to verify an individual’s 

24 identity and personally identifiable information; 

25 and 


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1 ‘‘(B) work with other Federal, State, local, 

2 and tribal agencies or entities that use any ter3 rorist watchlist or database to ensure, to the 

4 greatest extent practicable, that the Com5 prehensive Cleared List is considered when as6 sessing the security risk of an individual. 

7 ‘‘(5) HANDLING OF PERSONALLY IDENTIFIABLE

8 INFORMATION.—The Secretary, in conjunction with 

9 the Chief Privacy Officer of the Department, shall— 

10 ‘‘(A) require that Federal employees of the 

11 Department handling personally identifiable in12 formation of individuals (in this paragraph re13 ferred to as ‘PII’) complete mandatory privacy 

14 and security training prior to being authorized 

15 to handle PII; 

16 ‘‘(B) ensure that the information main17 tained under this subsection is secured by 

18 encryption, including one-way hashing, data 

19 anonymization techniques, or such other equiva20 lent technical security protections as the Sec21 retary determines necessary; 

22 ‘‘(C) limit the information collected from 

23 misidentified passengers or other individuals to 

24 the minimum amount necessary to resolve an 

25 appeal and redress request; 


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1 ‘‘(D) ensure that the information main2 tained under this subsection is shared or trans3 ferred via an encrypted data network that has 

4 been audited to ensure that the anti-hacking 

5 and other security related software functions 

6 perform properly and are updated as necessary; 

7 ‘‘(E) ensure that any employee of the De8 partment receiving the information maintained 

9 under this subsection handles such information 

10 in accordance with section 552a of title 5, 

11 United States Code, the Federal Information 

12 Security Management Act of 2002 (Public Law 

13 107–296), and other applicable laws; 

14 ‘‘(F) only retain the information main15 tained under this subsection for as long as 

16 needed to assist the individual traveler in the 

17 appeal and redress process; 

18 ‘‘(G) engage in cooperative agreements 

19 with appropriate Federal agencies and entities, 

20 on a reimbursable basis, to ensure that legal 

21 name changes are properly reflected in any ter22 rorist watchlist or database and the Com23 prehensive Cleared List to improve the appeal 

24 and redress process and to ensure the most ac25 curate lists of identifications possible (except 


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1 that section 552a of title 5, United States 

2 Code, shall not prohibit the sharing of legal 

3 name changes among Federal agencies and en4 tities for the purposes of this section); and 

5 ‘‘(H) conduct and publish a privacy impact 

6 assessment of the appeal and redress process 

7 established under this section and transmit the 

8 assessment to the Committee on Homeland Se9 curity of the House of Representatives, and the 

10 Committee on Commerce, Science, and Trans11 portation and the Committee on Homeland Se12 curity and Governmental Affairs of the Senate. 

13 ‘‘(6) INITIATION OF APPEAL AND REDRESS

14 PROCESS AT AIRPORTS.—At each airport at which— 

15 ‘‘(A) the Department has a presence, the 

16 Office shall provide written information to air 

17 carrier passengers to begin the appeal and re18 dress process established pursuant to subsection 

19 (a); and 

20 ‘‘(B) the Department has a significant 

21 presence, provide the written information re22 ferred to in subparagraph (A) and ensure a 

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1 port to air carrier passengers in need of guid2 ance concerning such process. 

3 ‘‘(7) REPORT TO CONGRESS.—Not later than 

4 240 days after the date of the enactment of this sec5 tion, the Secretary shall submit to the Committee on 

6 Homeland Security of the House of Representatives 

7 and the Committee on Commerce, Science, and 

8 Transportation and the Committee on Homeland Se9 curity and Governmental Affairs of the Senate a re10 port on the status of information sharing among 

11 users at the Department of any terrorist watchlist or 

12 database. The report shall include the following in13 formation: 

14 ‘‘(A) A description of the processes and the 

15 status of the implementation of this section to 

16 share the Comprehensive Cleared List with 

17 other Department offices and components and 

18 other Federal, State, local, and tribal authori19 ties that utilize any terrorist watchlist or data20 base. 

21 ‘‘(B) A description of the extent to which 

22 such other Department offices and components 

23 are taking into account the Comprehensive 

24 Cleared List. 


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1 ‘‘(C) Data on the number of individuals 

2 who have sought and successfully obtained re3 dress through the Office of Appeals and Re4 dress. 

5 ‘‘(D) Data on the number of individuals 

6 who have sought and were denied redress 

7 through the Office of Appeals and Redress. 

8 ‘‘(E) An assessment of what impact infor9 mation sharing of the Comprehensive Cleared 

10 List has had on misidentifications of individuals 

11 who have successfully obtained redress through 

12 the Office of Appeals and Redress. 

13 ‘‘(F) An updated privacy impact assess14 ment. 

15 ‘‘(c) TERRORIST WATCHLIST OR DATABASE DE16 FINED.—In this section, the term ‘terrorist watchlist or 

17 database’ means any terrorist watchlist or database used 

18 by the Transportation Security Administration or any of19 fice or component of the Department of Homeland Secu20 rity or specified in Homeland Security Presidential Direc21 tive–6, in effect as of the date of the enactment of this 

22 section.’’. 

23 (b) INCORPORATION OF SECURE FLIGHT.—Section 

24 44903(j)(2) of title 49, United States Code, is amended— 

25 (1) in subparagraph (C)(iii)— 


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1 (A) by redesignating subclauses (II) 

2 through (VII) as subclauses (III) through 

3 (VIII), respectively; and 

4 (B) by inserting after subclause (I) the fol5 lowing new subclause: 

6 ‘‘(II) ensure, not later than 30 

7 days after the date of the enactment 

8 of the Counterterrorism Enhancement 

9 and Department of Homeland Secu10 rity Authorization Act, that the proce11 dure established under subclause (I) 

12 is incorporated into the appeals and 

13 redress process established under sec14 tion 890A of the Homeland Security 

15 Act of 2002;’’; 

16 (2) in subparagraph (E)(iii), by inserting before 

17 the period at the end the following: ‘‘, in accordance 

18 with the appeals and redress process established 

19 under section 890A of the Homeland Security Act of 

20 2002’’; and 

21 (3) in subparagraph (G)— 

22 (A) in clause (i), by adding at the end the 

23 following new sentence: ‘‘The Assistant Sec24 retary shall incorporate the process established 

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1 dress process established under section 890A of 

2 the Homeland Security Act of 2002.’’; and 

3 (B) in clause (ii), by adding at the end the 

4 following new sentence: ‘‘The Assistant Sec5 retary shall incorporate the record established 

6 and maintained pursuant to this clause into the 

7 Comprehensive Cleared List established and 

8 maintained under such section 890A.’’. 

9 (c) CONFORMING AMENDMENT.—Title 49, United 

10 States Code, is amended by striking section 44926 (and 

11 the item relating to such section in the analysis for chap12 ter 449 of title 49). 

13 (d) CLERICAL AMENDMENT.—Section 1(b) of the 

14 Homeland Security Act of 2002 (6 U.S.C. 101(b)) is 

15 amended by inserting after the item relating to section 

16 890 the following new item: 

‘‘Sec. 890A. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight, or denied a right, benefit, or 

privilege.’’. 

17 SEC. 653. PERSONAL PROTECTIVE EQUIPMENT. 

18 (a) USE OF PERSONAL PROTECTIVE EQUIPMENT.— 

19 (1) IN GENERAL.—Any personnel of the Trans20 portation Security Administration voluntarily may 

21 wear personal protective equipment during any 

22 emergency. 

23 (2) WRITTEN GUIDANCE.—Not later than 90 

24 days after the date of enactment of this Act, the 


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1 Secretary of Homeland Security shall establish, co2 ordinate, and disseminate written guidance to per3 sonnel of the Transportation Security Administra4 tion to allow for the voluntary usage of personal pro5 tective equipment. 

6 (b) DEFINITION.—In this section the term ‘‘protec7 tive equipment’’ includes surgical masks and N95 masks. 

8 SEC. 654. SECURITY SCREENING FOR MEMBERS OF THE 

9 ARMED FORCES. 

10 (a) IN GENERAL.—Section 44903 of title 49, United 

11 States Code (as amended by this Act), is further amended 

12 by adding at the end the following: 

13 ‘‘(n) SECURITY SCREENING FOR MEMBERS OF THE

14 ARMED FORCES.— 

15 ‘‘(1) IN GENERAL.—The Assistant Secretary 

16 shall develop and implement a plan to provide expe17 dited security screening services for a member of the 

18 Armed Forces, and any accompanying family mem19 ber, when the member of the Armed Forces is trav20 eling on official orders while in uniform through a 

21 primary airport (as defined by section 47102). 

22 ‘‘(2) PROTOCOLS.—In developing the plan, the 

23 Assistant Secretary shall consider— 

24 ‘‘(A) leveraging existing security screening 

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1 duce passenger wait times before entering a se2 curity screening checkpoint; 

3 ‘‘(B) establishing standard guidelines for 

4 the screening of military uniform items, includ5 ing combat boots; and 

6 ‘‘(C) incorporating any new screening pro7 tocols into an existing trusted passenger pro8 gram, as established pursuant to section 

9 109(a)(3) of the Aviation and Transportation 

10 Security Act (115 Stat. 613), or into the devel11 opment of any new credential or system that in12 corporates biometric technology and other appli13 cable technologies to verify the identity of indi14 viduals traveling in air transportation. 

15 ‘‘(3) REPORT TO CONGRESS.—The Assistant 

16 Secretary shall submit to the appropriate committees 

17 of Congress a report on the implementation of the 

18 plan.’’. 

19 (b) EFFECTIVE DATE.—Not later than one year after 

20 the date of enactment of this Act, the Assistant Secretary 

21 shall establish the plan required by the amendment made 

22 by subsection (a). 


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1 SEC. 655. REPORT ON COMMERCIAL AVIATION SECURITY 

2 PLANS. 

3 Not later than one year after the date of enactment 

4 of this Act, the Assistant Secretary shall submit a report 

5 to the appropriate committees of Congress that— 

6 (1) reviews whether the most recent security 

7 plans developed by the commercial aviation airports 

8 in the United States territories meet the security 

9 concerns described in guidelines and other official 

10 documents issued by the Transportation Security 

11 Administration pertaining to parts 1544 and 1546 

12 of title 49, Code of Federal Regulations, particularly 

13 with regard to the commingling of passengers; 

14 (2) makes recommendations regarding best 

15 practices supported by the Transportation Security 

16 Administration and any adequate alternatives that 

17 address the problems or benefits of commingling 

18 passengers at such airports to satisfy the concerns 

19 described in paragraph (1); 

20 (3) reviews the potential costs of implementing 

21 the preferred and alternative methods to address the 

22 Administration concerns regarding parts 1544 and 

23 1546 of title 49, Code of Federal Regulations, par24 ticularly in regards to the commingling of pas25 sengers at the airport; and 


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1 (4) identifies funding sources, including grant 

2 programs, to implement improved security methods 

3 at such airports. 

4 SEC. 656. STUDY ON COMBINATION OF FACIAL AND IRIS 

5 RECOGNITION. 

6 (a) STUDY REQUIRED.—The Assistant Secretary 

7 shall carry out a study on the use of the combination of 

8 facial and iris recognition to rapidly identify individuals 

9 in security checkpoint lines. Such study shall focus on— 

10 (1) increased accuracy of facial recognition; 

11 (2) enhancement of existing iris recognition 

12 technology; and 

13 (3) establishment of integrated face and iris 

14 features for accurate identification of individuals. 

15 (b) PURPOSE OF STUDY.—The purpose of the study 

16 required by subsection (a) is to facilitate the use of a com17 bination of facial and iris recognition to provide a higher 

18 probability of success in identification than either ap19 proach on its own and to achieve transformational ad20 vances in the flexibility, authenticity, and overall capability 

21 of integrated biometric detectors and satisfy one of major 

22 issues with war against terrorists. The operational goal 

23 of the study should be to provide the capability to non24 intrusively collect biometrics (face image, iris) in less than 

25 10 seconds without impeding the movement of individuals. 


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1 SEC. 657. ISSUANCE OF REGULATIONS AND SECURITY DI2 RECTIVES USING EMERGENCY PROCEDURES. 

3 (a) IN GENERAL.—Section 114(l) of title 49, United 

4 States Code, is amended— 

5 (1) in paragraph (2)— 

6 (A) in subparagraph (A) by striking ‘‘im7 mediately in order to protect transportation se8 curity’’ and inserting ‘‘in order to respond to an 

9 imminent threat of finite duration’’; and 

10 (B) in subparagraph (B) by inserting ‘‘to 

11 determine if the regulation or security directive 

12 is needed to respond to an imminent threat of 

13 finite duration’’ before the period at the end of 

14 the first sentence; 

15 (2) by striking paragraph (3) and inserting the 

16 following: 

17 ‘‘(3) FACTORS TO CONSIDER.— 

18 ‘‘(A) IN GENERAL.—In determining wheth19 er to issue, rescind, or revise a regulation or se20 curity directive under this subsection, the As21 sistant Secretary shall consider, as factors in 

22 the final determination— 

23 ‘‘(i) whether the costs of the regula24 tion or security directive are excessive in 

25 relation to the enhancement of security the 

26 regulation or security directive will provide; 


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1 ‘‘(ii) whether the regulation or secu2 rity directive will remain effective for more 

3 than a 90-day period; and 

4 ‘‘(iii) whether the regulation or secu5 rity directive will require revision in the 

6 subsequent 90-day period. 

7 ‘‘(B) AUTHORITY TO WAIVE CERTAIN RE8 QUIREMENTS.—For purposes of subparagraph 

9 (A)(i), the Assistant Secretary may waive any 

10 requirement for an analysis that estimates the 

11 number of lives that will be saved by the regula12 tion or security directive or the cost basis for 

13 carrying out the regulation or security directive 

14 if the Assistant Secretary determines that it is 

15 not feasible to make such an estimate.’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(5) RULEMAKING REQUIRED.—The Assistant 

18 Secretary shall, to the maximum extent possible, en19 sure that a regulation or security directive issued 

20 under paragraph (2) that remains effective, with or 

21 without revision, for a period of more than 180 days 

22 is subject to a rulemaking pursuant to subchapter II 

23 of chapter 5 of title 5, except that nothing in this 

24 paragraph shall require the disclosure of information 


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1 otherwise protected from public disclosure under law 

2 or regulation.’’. 

3 (b) APPLICABILITY.—The amendment made by sub4 section (a)(3) shall apply to a regulation issued under sec5 tion 114(l)(2) of title 49, United States Code, before, on, 

6 or after the date of enactment of this Act. 

7 SEC. 658. GENERAL AVIATION NEGOTIATED RULEMAKING. 

8 (a) NEGOTIATED RULEMAKING COMMITTEE.—Sub9 ject to subsection (b), the Secretary may not issue a rule, 

10 interim final rule, or a new rulemaking intended to ad11 dress, in whole or in part, the proposed rulemaking enti12 tled ‘‘Large Aircraft Security Program, Other Aircraft 

13 Operator Security Program, and Airport Operator Secu14 rity Program (TSA–2008–0021)’’ unless the Secretary— 

15 (1) establishes a negotiated rulemaking com16 mittee in accordance with the requirements for es17 tablishing an advisory committee under section 871 

18 of the Homeland Security Act of 2002 (6 U.S.C. 

19 451); and 

20 (2) receives a written report from the advisory 

21 committee chosen pursuant to paragraph (1) de22 scribing in detail its findings and recommendations. 

23 (b) RULE EXCEPTION.— 

24 (1) URGENT THREAT.—The Secretary may 

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1 retary determines, based on a credible and urgent 

2 threat, that an emergency exists that necessitates 

3 the immediate issuance of such a rule to save lives 

4 or protect property. 

5 (2) REVIEW OF EMERGENCY DETERMINA6 TION.—Not later than 30 days after such a rule is 

7 issued under this subsection, the Inspector General 

8 of the Department of Homeland Security shall deter9 mine if a credible and urgent threat existed that ne10 cessitated issuing an immediate rule and report its 

11 findings to the Committees on Homeland Security 

12 and Transportation and Infrastructure of the House 

13 of Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate. 

15 Subtitle C—Surface Transportation 

16 Security 

17 SEC. 661. SENSE OF CONGRESS REGARDING SECURING 

18 SURFACE TRANSPORTATION SYSTEMS. 

19 (a) FINDINGS.—The Congress finds that— 

20 (1) the Transportation Security Administration 

21 is uniquely positioned to lead the efforts to secure 

22 our Nation’s rail and mass transit systems and other 

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1 tise developed from securing our Nation’s commer2 cial air transportation system; 

3 (2) the successes of the Transportation Security 

4 Administration’s National Explosives Detection Ca5 nine Team Program has furthered the Transpor6 tation Security Administration’s ability to secure our 

7 Nation’s transportation systems against terrorist at8 tack by preventing and protecting against explosives 

9 threats; 

10 (3) each weekday approximately 11,300,000 

11 passengers depend on our Nation’s mass transit sys12 tems as a means of transportation; 

13 (4) rail and mass transit systems serve as an 

14 enticing target for terrorists and terrorist organiza15 tions, such as Al Qaeda, as evidenced by the March 

16 11, 2004, attack on the Madrid, Spain, rail system, 

17 the July 7, 2005, attack on the London, England, 

18 mass transit system, and the July 11, 2006, and 

19 November 26, 2008, attacks on the Mumbai, India, 

20 rail system; 

21 (5) the Transportation Security Administration 

22 Authorization Act of 2009, which was passed by the 

23 House of Representatives on June 4, 2009, in an 

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1 gress’ commitment to bolstering the security of rail 

2 and mass transit systems; and 

3 (6) securing our Nation’s rail and mass transit 

4 systems against terrorist attack and other security 

5 threats is essential due to their impact on our Na6 tion’s economic stability and the continued func7 tioning of our national economy. 

8 (b) SENSE OF CONGRESS.—It is the sense of the 

9 Congress that the Transportation Security Administration 

10 should— 

11 (1) continue to enhance security against ter12 rorist attack and other security threats to our Na13 tion’s rail and mass transit systems and other modes 

14 of surface transportation; 

15 (2) continue expansion of the National Explo16 sives Detection Canine Team Program, which has 

17 proven to be an effective tool in securing against ex18 plosives threats to our Nation’s rail and mass transit 

19 systems, with particular attention to the application 

20 of its training standards and the establishment of a 

21 reliable source of domestically bred canines; 

22 (3) improve upon the success of the Online 

23 Learning Center by providing increased person-to24 person professional development programs to ensure 

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1 tation systems against terrorist attack are highly 

2 trained in both securing those systems against ter3 rorist attack and professional relations with the 

4 traveling public; and 

5 (4) continue to secure our Nation’s mass tran6 sit and rail systems against terrorist attack and 

7 other security threats, so as to ensure the security 

8 of commuters on our Nation’s rail and mass transit 

9 systems and prevent the disruption of rail lines crit10 ical to our Nation’s economy. 

11 SEC. 662. ASSISTANT SECRETARY DEFINED. 

12 Section 1301 of the Implementing Recommendations 

13 of the 9/11 Commission Act of 2007 (6 U.S.C. 1111) is 

14 amended— 

15 (1) by redesignating paragraphs (2) through 

16 (6) as paragraphs (3) through (7), respectively; and 

17 (2) by inserting after paragraph (1) the fol18 lowing: 

19 ‘‘(2) ASSISTANT SECRETARY.—The term ‘As20 sistant Secretary’ means the Assistant Secretary of 

21 Homeland Security (Transportation Security Admin22 istration).’’. 

23 SEC. 663. SURFACE TRANSPORTATION SECURITY INSPEC24 TION PROGRAM. 

25 (a) FINDINGS.—Congress finds the following: 


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1 (1) Surface transportation security inspectors 

2 assist passenger rail stakeholders in identifying secu3 rity gaps through Baseline Assessment for Security 

4 Enhancement (‘‘BASE’’) reviews, monitor freight 

5 rail stakeholder efforts to reduce the risk that toxic 

6 inhalation hazard shipments pose to high threat 

7 urban areas through Security Action Item (‘‘SAI’’) 

8 reviews, and assist in strengthening chain of custody 

9 security. 

10 (2) Surface transportation security inspectors 

11 play a critical role in building and maintaining work12 ing relationships with transit agencies and acting as 

13 liaisons between such agencies and the Transpor14 tation Security Operations Center, relationships 

15 which are vital to effective implementation of the 

16 surface transportation security mission. 

17 (3) In December 2006, the Transportation Se18 curity Administration shifted from a system in which 

19 surface transportation security inspectors reported 

20 to surface-focused supervisors to a system in which 

21 inspectors report to aviation-focused supervisors in 

22 the field; a shift which has resulted in a strained 

23 chain of command, misappropriation of inspectors to 

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1 cant damage to relationships with transit agencies 

2 and inspector morale. 

3 (b) SURFACE TRANSPORTATION SECURITY INSPEC4 TION OFFICE.—Section 1304 of the Implementing Rec5 ommendations of the 9/11 Commission Act of 2007 (6 

6 U.S.C. 1113) is amended— 

7 (1) by redesignating subsections (c) through (j) 

8 as subsections (b) through (i), respectively; and 

9 (2) by striking subsections (a) and (b) and in10 serting the following: 

11 ‘‘(a) SURFACE TRANSPORTATION SECURITY INSPEC12 TION OFFICE.— 

13 ‘‘(1) ESTABLISHMENT.—The Secretary, acting 

14 through the Assistant Secretary, shall establish an 

15 office to be known as the Surface Transportation 

16 Security Inspection Office (in this section referred to 

17 as the ‘Office’). 

18 ‘‘(2) MISSION.—The Secretary shall use the Of19 fice to train, employ, and utilize surface transpor20 tation security inspectors to— 

21 ‘‘(A) assist surface transportation carriers, 

22 operators, owners, entities, and facilities to en23 hance their security against terrorist attacks 

24 and other security threats; and 


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1 ‘‘(B) assist the Secretary in enforcing ap2 plicable surface transportation security regula3 tions and directives. 

4 ‘‘(3) OFFICERS.— 

5 ‘‘(A) DIRECTOR.—The head of the Office 

6 shall be the Director, who shall— 

7 ‘‘(i) oversee and coordinate the activi8 ties of the Office, including all officers and 

9 any corresponding surface transportation 

10 modes in which the Office carries out such 

11 activities, and the surface transportation 

12 security inspectors who assist in such ac13 tivities; and 

14 ‘‘(ii) act as the primary point of con15 tact between the Office and other entities 

16 that support the Department’s surface 

17 transportation security mission through 

18 the efficient and appropriate use of surface 

19 transportation security inspectors and 

20 strong working relationships with surface 

21 transportation security stakeholders. 

22 ‘‘(B) DEPUTY DIRECTOR.—There shall be 

23 a Deputy Director of the Office, who shall— 


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1 ‘‘(i) assist the Director in carrying out 

2 the responsibilities of the Director under 

3 this subsection; and 

4 ‘‘(ii) serve as acting Director in the 

5 absence of the Director and during any va6 cancy in the office of Director. 

7 ‘‘(4) APPOINTMENT.— 

8 ‘‘(A) IN GENERAL.—The Director and 

9 Deputy Director shall be responsible on a full10 time basis for the duties and responsibilities de11 scribed in this subsection. 

12 ‘‘(B) CLASSIFICATION.—The position of 

13 Director shall be considered a position in the 

14 Senior Executive Service as defined in section 

15 2101a of title 5, United States Code, and the 

16 position of Deputy Director shall be considered 

17 a position classified at grade GS–15 of the Gen18 eral Schedule. 

19 ‘‘(5) LIMITATION.—No person shall serve as an 

20 officer under subsection (a)(3) while serving in any 

21 other position in the Federal Government. 

22 ‘‘(6) FIELD OFFICES.— 

23 ‘‘(A) ESTABLISHMENT.—The Secretary 

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1 face transportation security inspectors in the 

2 course of carrying out their duties under this 

3 section. 

4 ‘‘(B) DESIGNATION.—The locations for, 

5 and designation as ‘primary’ or ‘secondary’ of, 

6 such field offices shall be determined in a man7 ner that is consistent with the Department’s 

8 risk-based approach to carrying out its home9 land security mission. 

10 ‘‘(C) COMMAND STRUCTURE.— 

11 ‘‘(i) PRIMARY FIELD OFFICES.—Each 

12 primary field office shall be led by a chief 

13 surface transportation security inspector, 

14 who has significant experience with surface 

15 transportation systems, facilities, and oper16 ations and shall report directly to the Di17 rector. 

18 ‘‘(ii) SECONDARY FIELD OFFICES.— 

19 Each secondary field office shall be led by 

20 a senior surface transportation security in21 spector, who shall report directly to the 

22 chief surface transportation security in23 spector of a geographically appropriate pri24 mary field office, as determined by the Di25 rector.’’. 


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1 (c) NUMBER OF INSPECTORS.—Section 1304(e) of 

2 such Act (6 U.S.C. 1113(e)), as redesignated by sub3 section (b) of this section, is amended to read as follows: 

4 ‘‘(e) NUMBER OF INSPECTORS.—Subject to the avail5 ability of appropriations, the Secretary shall hire not fewer 

6 than 200 additional surface transportation security in7 spectors in fiscal year 2011.’’. 

8 (d) COORDINATION.—Section 1304(f) of such Act (6 

9 U.S.C. 1113(f)), as redesignated by subsection (b) of this 

10 section, is amended by striking ‘‘114(t)’’ and inserting 

11 ‘‘114(s)’’. 

12 (e) REPORT.—Section 1304(h) of such Act (6 U.S.C. 

13 1113(h)), as redesignated by subsection (b) of this section, 

14 is amended by striking ‘‘2008’’ and inserting ‘‘2011’’. 

15 (f) PLAN.—Section 1304(i) of such Act (6 U.S.C. 

16 1113(i)), as redesignated by subsection (b) of this section, 

17 is amended to read as follows: 

18 ‘‘(i) PLAN.— 

19 ‘‘(1) IN GENERAL.—Not later than 180 days 

20 after the date of enactment of the Transportation 

21 Security Administration Authorization Act, the Sec22 retary shall submit to the Committee on Homeland 

23 Security of the House of Representatives and the 

24 Committee on Homeland Security and Governmental 

25 Affairs of the Senate a plan for expanding the duties 


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1 and leveraging the expertise of surface transpor2 tation security inspectors to further support the De3 partment’s surface transportation security mission. 

4 ‘‘(2) CONTENTS.—The plan shall include— 

5 ‘‘(A) an analysis of how surface transpor6 tation security inspectors could be used to con7 duct oversight activities with respect to surface 

8 transportation security projects funded by rel9 evant grant programs administered by the De10 partment; 

11 ‘‘(B) an evaluation of whether authorizing 

12 surface transportation security inspectors to ob13 tain or possess law enforcement qualifications 

14 or status would enhance the capacity of the Of15 fice to take an active role in the Department’s 

16 surface transportation security operations; and 

17 ‘‘(C) any other potential functions relating 

18 to surface transportation security the Secretary 

19 determines appropriate.’’. 

20 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 1304 of such Act (6 U.S.C. 1113) is amended by adding 

22 at the end the following: 

23 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—From 

24 amounts made available under section 611 of the Trans25 portation Security Administration Authorization Act, 


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1 there are authorized to be appropriated such sums as may 

2 be necessary to the Secretary to carry out this section for 

3 fiscal year 2011.’’. 

4 (h) CONFORMING AMENDMENT.—Section 1304(b) of 

5 such Act (6 U.S.C. 1113(b)), as redesignated by sub6 section (b) of this section, is amended by striking ‘‘sub7 section (e)’’ and inserting ‘‘subsection (d)’’. 

8 SEC. 664. VISIBLE INTERMODAL PREVENTION AND RE9 SPONSE TEAMS. 

10 Section 1303 of the Implementing Recommendations 

11 of the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is 

12 amended— 

13 (1) in subsection (a) by striking ‘‘Administrator 

14 of the Transportation Security Administration,’’ and 

15 inserting ‘‘Assistant Secretary,’’; 

16 (2) in subsection (a)(4) by striking ‘‘team,’’ and 

17 inserting ‘‘team as to specific locations and times 

18 within their facilities at which VIPR teams should 

19 be deployed to maximize the effectiveness of such de20 ployment and other matters,’’; and 

21 (3) by striking subsection (b) and inserting the 

22 following: 

23 ‘‘(b) PERFORMANCE MEASURES.—Not later than one 

24 year after the date of enactment of the Transportation Se25 curity Administration Authorization Act, the Secretary 


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1 shall develop and implement a system of qualitative per2 formance measures and objectives by which to assess the 

3 roles, activities, and effectiveness of VIPR team operations 

4 on an ongoing basis, including a mechanism through 

5 which the transportation entities listed in subsection 

6 (a)(4) may submit feedback on VIPR team operations in7 volving their systems or facilities. 

8 ‘‘(c) PLAN.—Not later than one year after the date 

9 of enactment of the Transportation Security Administra10 tion Authorization Act, the Secretary shall develop and 

11 implement a plan for ensuring the interoperability of com12 munications among all participating VIPR team compo13 nents as designated under subsection (a)(1) and between 

14 VIPR teams and any relevant transportation entities as 

15 designated in subsection (a)(4) whose systems or facilities 

16 are involved in VIPR team operations, including an anal17 ysis of the costs and resources required to carry out the 

18 plan. 

19 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—From 

20 amounts made available under section 611 of the Trans21 portation Security Administration Authorization Act, 

22 there are authorized to be appropriated to the Secretary 

23 to carry out this section such sums as may be necessary 

24 for fiscal year 2011.’’. 


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1 SEC. 665. SURFACE TRANSPORTATION SECURITY STAKE2 HOLDER PARTICIPATION. 

3 (a) IN GENERAL.—Title XIII of the Implementing 

4 Recommendations of the 9/11 Commission Act of 2007 (6 

5 U.S.C. 1111 et seq.) is amended by adding at the end 

6 the following: 

7 ‘‘SEC. 1311. TRANSIT SECURITY ADVISORY COMMITTEE. 

8 ‘‘(a) ESTABLISHMENT.— 

9 ‘‘(1) IN GENERAL.—The Assistant Secretary 

10 shall establish in the Transportation Security Ad11 ministration an advisory committee, to be known as 

12 the Transit Security Advisory Committee (in this 

13 section referred to as the ‘Advisory Committee’), to 

14 assist the Assistant Secretary with issues pertaining 

15 to surface transportation security. 

16 ‘‘(2) RECOMMENDATIONS.— 

17 ‘‘(A) IN GENERAL.—The Assistant Sec18 retary shall require the Advisory Committee to 

19 develop recommendations for improvements to 

20 surface transportation security planning, meth21 ods, equipment, and processes. 

22 ‘‘(B) PRIORITY ISSUES.—Not later than 

23 one year after the date of enactment of the 

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1 mit to the Assistant Secretary recommendations 

2 on— 

3 ‘‘(i) improving homeland security in4 formation sharing between components of 

5 the Department of Homeland Security and 

6 surface transportation security stakehold7 ers, including those represented on the Ad8 visory Committee; and 

9 ‘‘(ii) streamlining or consolidating re10 dundant security background checks re11 quired by the Department under relevant 

12 statutes governing surface transportation 

13 security, as well as redundant security 

14 background checks required by States 

15 where there is no legitimate homeland se16 curity basis for requiring such checks. 

17 ‘‘(3) MEETINGS.—The Assistant Secretary shall 

18 require the Advisory Committee to meet at least 

19 semiannually and may convene additional meetings 

20 as necessary. 

21 ‘‘(4) UNPAID POSITION.—Advisory Committee 

22 Members shall serve at their own expense and re23 ceive no salary, reimbursement for travel expenses, 

24 or other compensation from the Federal Govern25 ment. 


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1 ‘‘(b) MEMBERSHIP.— 

2 ‘‘(1) IN GENERAL.—The Assistant Secretary 

3 shall ensure that the Advisory Committee is com4 posed of not more than one individual representing 

5 not more than 27 member organizations, including 

6 representatives from public transportation agencies, 

7 passenger rail agencies or operators, railroad car8 riers, motor carriers, owners or operators of high9 ways, over-the-road bus operators and terminal own10 ers and operators, pipeline operators, labor organiza11 tions representing employees of such entities, and 

12 the surface transportation security technology indus13 try. 

14 ‘‘(2) APPOINTMENTS.—Members shall be ap15 pointed by the Assistant Secretary and the Assistant 

16 Secretary shall have the discretion to review the par17 ticipation of any Advisory Committee member and 

18 remove for cause at any time. 

19 ‘‘(c) NONAPPLICABILITY OF FACA.—The Federal 

20 Advisory Committee Act (5 U.S.C. App.) shall not apply 

21 to the Advisory Committee under this section. 

22 ‘‘(d) PASSENGER CARRIER SECURITY WORKING

23 GROUP.— 

24 ‘‘(1) IN GENERAL.—The Assistant Secretary 

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1 senger carrier security working group to provide rec2 ommendations for successful implementation of ini3 tiatives relating to passenger rail, over-the-road bus, 

4 and public transportation security proposed by the 

5 Transportation Security Administration in accord6 ance with statutory requirements, including relevant 

7 grant programs and security training provisions. 

8 ‘‘(2) MEETINGS.—The working group shall 

9 meet at least semiannually and provide annual re10 ports to the Assistant Secretary with recommenda11 tions to improve the Transportation Security Admin12 istration’s initiatives relating to passenger rail, over13 the-road bus, and public transportation security, in14 cluding grant, training, inspection, or other relevant 

15 programs authorized in titles XIII and XIV, and 

16 subtitle C of title XV of this Act. 

17 ‘‘(3) MEMBERSHIP.—The working group shall 

18 be composed of members from the Advisory Com19 mittee with expertise in public transportation, over20 the-road bus, or passenger rail systems and oper21 ations, all appointed by the Assistant Secretary. 

22 ‘‘(4) REPORTS.— 

23 ‘‘(A) IN GENERAL.—The working group 

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1 graph that provide recommendations as de2 scribed in paragraphs (1) and (2). 

3 ‘‘(B) SUBMISSION.—Not later than one 

4 year after the date of enactment of the Trans5 portation Security Administration Authorization 

6 Act, and on an annual basis thereafter, the 

7 working group shall submit a report on the 

8 findings and recommendations developed under 

9 subparagraph (A) to the Assistant Secretary. 

10 ‘‘(e) FREIGHT RAIL SECURITY WORKING GROUP.— 

11 ‘‘(1) IN GENERAL.—The Assistant Secretary 

12 shall establish within the Advisory Committee a 

13 freight rail security working group to provide rec14 ommendations for successful implementation of ini15 tiatives relating to freight rail security proposed by 

16 the Transportation Security Administration in ac17 cordance with statutory requirements, including rel18 evant grant programs and security training provi19 sions. 

20 ‘‘(2) MEETINGS.—The working group shall 

21 meet at least semiannually and provide annual re22 ports to the Assistant Secretary with recommenda23 tions to improve the Transportation Security Admin24 istration’s initiatives relating to freight rail security, 

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1 evant programs authorized in titles XIII and XV of 

2 this Act. 

3 ‘‘(3) MEMBERSHIP.—The working group shall 

4 be composed of members from the Advisory Com5 mittee with expertise in freight rail systems and op6 erations, all appointed by the Assistant Secretary. 

7 ‘‘(4) REPORTS.— 

8 ‘‘(A) IN GENERAL.—The working group 

9 shall prepare and submit reports to the Assist10 ant Secretary in accordance with this para11 graph that provide recommendations as de12 scribed in paragraphs (1) and (2). 

13 ‘‘(B) SUBMISSION.—Not later than one 

14 year after the date of enactment of the Trans15 portation Security Administration Authorization 

16 Act, and on an annual basis thereafter, the 

17 working group shall submit a report on the 

18 findings and recommendations developed under 

19 subparagraph (A) to the Assistant Secretary.’’. 

20 (b) CONFORMING AMENDMENT.—Section 1(b) of the 

21 Implementing Recommendations of the 9/11 Commission 

22 Act of 2007 (Public Law 110–53) is amended by adding 

23 at the end of title XIII (Transportation Security Enchant24 ments) the following: 

‘‘Sec. 1311. Transit Security Advisory Committee.’’. 


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1 SEC. 666. HUMAN CAPITAL PLAN FOR SURFACE TRANSPOR2 TATION SECURITY PERSONNEL. 

3 (a) IN GENERAL.—Not later than one year after the 

4 date of enactment of this Act, the Assistant Secretary 

5 shall submit to the Committee on Homeland Security of 

6 the House of Representatives and the Committee on 

7 Homeland Security and Governmental Affairs of the Sen8 ate a human capital plan for hiring, training, managing, 

9 and compensating surface transportation security per10 sonnel, including surface transportation security inspec11 tors. 

12 (b) CONSULTATION.—In developing the human cap13 ital plan, the Assistant Secretary shall consult with the 

14 chief human capital officer of the Department of Home15 land Security, the Director of the Surface Transportation 

16 Security Inspection Office, the Inspector General of the 

17 Department of Homeland Security, and the Comptroller 

18 General. 

19 (c) APPROVAL.—Prior to submission, the human cap20 ital plan shall be reviewed and approved by the chief 

21 human capital officer of the Department of Homeland Se22 curity. 

23 SEC. 667. SURFACE TRANSPORTATION SECURITY TRAIN24 ING. 

25 (a) STATUS REPORT.—Not later than 30 days after 

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1 mit a report to the Committee on Homeland Security of 

2 the House of Representatives and the Committee on 

3 Homeland Security and Governmental Affairs of the Sen4 ate on the status of the Department’s implementation of 

5 sections 1408, 1517, and 1534 of the Implementing Rec6 ommendations of the 9/11 Commission Act of 2007 (6 

7 U.S.C. 1137, 1167, and 1184), including detailed time8 frames for development and issuance of the transportation 

9 security training regulations required under such sections. 

10 (b) PRIVATE PROVIDERS.—Not later than one year 

11 after the date of enactment of this Act, the Assistant Sec12 retary shall identify criteria and establish a process for 

13 approving and maintaining a list of approved private 

14 third-party providers of security training with whom sur15 face transportation entities may enter into contracts, as 

16 needed, for the purpose of satisfying security training re17 quirements of the Department of Homeland Security, in18 cluding requirements developed under sections 1408, 

19 1517, and 1534 of the Implementing Recommendations 

20 of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 

21 1167, and 1184). 


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1 SEC. 668. IMPROVEMENT OF PUBLIC TRANSPORTATION SE2 CURITY ASSISTANCE. 

3 (a) IN GENERAL.—Section 1406 of the Implementing 

4 Recommendations of the 9/11 Commission Act of 2007 (6 

5 U.S.C. 1135; Public Law 110–53) is amended— 

6 (1) in subsection (b)(1)— 

7 (A) in subparagraph (B), by inserting 

8 ‘‘bollards,’’ after ‘‘including’’; and 

9 (B) in subparagraph (D), by inserting 

10 after ‘‘including’’ the following: ‘‘projects for 

11 the purpose of demonstrating or assessing the 

12 capability of such systems and’’; 

13 (2) by redesignating subsections (e) through (k) 

14 as subsections (f) through (l), respectively; 

15 (3) by redesignating subsections (l) and (m) as 

16 subsections (n) and (o), respectively; 

17 (4) by inserting after subsection (d) the fol18 lowing new subsection (e): 

19 ‘‘(e) PROCEDURE.— 

20 ‘‘(1) TIMELINE.— 

21 ‘‘(A) AVAILABILITY OF APPLICATIONS.— 

22 Applications for grants under this section for a 

23 grant cycle shall be made available to eligible 

24 applicants not later than 30 days after the date 

25 of the enactment of the appropriations Act for 


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1 the Department of Homeland Security for the 

2 same fiscal year as the grant cycle. 

3 ‘‘(B) SUBMISSION OF APPLICATIONS.—A 

4 public transportation agency that is eligible for 

5 a grant under this section shall submit an ap6 plication for a grant not later than 45 days 

7 after the applications are made available under 

8 subparagraph (A). 

9 ‘‘(C) ACTION.—The Secretary shall make a 

10 determination approving or rejecting each appli11 cation submitted under subparagraph (B), no12 tify the applicant of the determination, and im13 mediately commence any additional processes 

14 required to allow an approved applicant to 

15 begin to receive grant funds by not later than 

16 60 days after date on which the Secretary re17 ceives the application. 

18 ‘‘(2) PROHIBITION OF COST-SHARING REQUIRE19 MENT.—No grant under this section may require 

20 any cost-sharing contribution from the grant recipi21 ent or from any related State or local agency. 

22 ‘‘(3) ANNUAL REPORT.—Not later than the 

23 date that is 180 days after the last determination 

24 made under paragraph (1)(C) for a grant cycle, the 

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1 priations and Homeland Security of the House of 

2 Representatives and the Committees on Appropria3 tions and Homeland Security and Governmental Af4 fairs of the Senate a report that includes a list of 

5 all grants awarded under this section for that grant 

6 cycle for which the grant recipient is not, as of such 

7 date, able to receive grant funds and an explanation 

8 of why such funds have not yet been released for use 

9 by the recipient. 

10 ‘‘(4) PERFORMANCE.— 

11 ‘‘(A) DURATION.—The performance period 

12 for grants made under this section shall be a 

13 period of time not less than 36 months in dura14 tion. 

15 ‘‘(B) TIMING.—The performance period 

16 for any grant made under this section shall not 

17 begin to run until the recipient of the grant has 

18 been formally notified that funds provided 

19 under the terms of the grant have been released 

20 for use by the recipient.’’; 

21 (5) by inserting after subsection (l), as redesig22 nated by paragraph (2) of this section, the following 

23 new subsection (m): 


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1 ‘‘(m) ACCESS.—The Secretary shall ensure that, for 

2 each grant awarded under this section, the Inspector Gen3 eral of the Department is authorized to— 

4 ‘‘(1) examine any records of the grant recipient 

5 or any contractors or subcontractors with which the 

6 recipient enters into a contract, or any State or local 

7 agency, that directly pertain to and involve trans8 actions relating to grants under this section; and 

9 ‘‘(2) interview any officer or employee of the re10 cipient, any contractors or subcontractors with 

11 which the recipient enters into a contract, or State 

12 or local agency regarding such transactions.’’; and 

13 (6) in subsection (o), as redesignated by para14 graph (3) of this section— 

15 (A) by striking paragraph (1) and insert16 ing the following new paragraph (1): 

17 ‘‘(1) IN GENERAL.—There is authorized to be 

18 appropriated to the Secretary to make grants under 

19 this section $1,100,000,000 for fiscal year 2011, ex20 cept that not more than 30 percent of such funds 

21 may be used for operational costs under subsection 

22 (b)(2) of this section.’’; 

23 (B) by redesignating paragraphs (3) and 

24 (4) as paragraphs (4) and (5), respectively; and 


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1 (C) by inserting after paragraph (2) the 

2 following new paragraph (3): 

3 ‘‘(3) EXCEPTION.—The limitation on the per4 centage of funds that may be used for operational 

5 costs under paragraph (1) shall not apply to any 

6 costs involved with or relating to explosives detection 

7 canine teams acquired or used for the purpose of se8 curing public transportation systems or facilities.’’. 

9 (b) TECHNICAL ASSISTANCE PILOT PROGRAM.— 

10 (1) PILOT PROGRAM REQUIRED.— 

11 (A) IN GENERAL.—Not later than one year 

12 after the date of the enactment of this Act, the 

13 Assistant Secretary shall conduct and complete 

14 a pilot program to provide grants to not more 

15 than 7 public transportation agencies eligible 

16 for security grants under section 1406 of the 

17 Implementing Recommendations of the 9/11 

18 Commission Act of 2007 (6 U.S.C. 1135; Pub19 lic Law 110–53) for the purpose of obtaining 

20 external technical support and expertise to as21 sist such agencies in conducting comprehensive 

22 security risk assessments of public transpor23 tation systems, resources, and facilities. 


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1 (B) METHODOLOGY.—Not later than 90 

2 days after the date of the enactment of this 

3 Act, the Assistant Secretary shall identify— 

4 (i) a comprehensive risk methodology 

5 for conducting comprehensive security risk 

6 assessments using grants made under this 

7 subsection that accounts for all three ele8 ments of risk, including threat, vulner9 ability, and consequence; and 

10 (ii) an approved third-party provider 

11 of technical support and expertise for the 

12 purpose of providing external assistance to 

13 grantees in conducting comprehensive se14 curity risk assessments. 

15 (C) PARTICIPANTS.— 

16 (i) IN GENERAL.—In selecting public 

17 transportation agencies to participate in 

18 the pilot program, the Assistant Secretary 

19 shall approve eligible agencies based on a 

20 combination of factors, including risk, 

21 whether the agency has completed a com22 prehensive security risk assessment re23 ferred to in subparagraph (B)(i) within a 

24 year preceding the date of enactment of 

25 this Act, and geographic representation. 


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1 (ii) PRIOR EFFORTS.—No eligible 

2 public transportation agency may be de3 nied participation in the pilot program on 

4 the grounds that it has applied for other 

5 grants administered by the Department for 

6 the purpose of conducting a comprehensive 

7 security risk assessment. 

8 (D) PROHIBITIONS.—In carrying out the 

9 pilot program the Assistant Secretary shall en10 sure that— 

11 (i) grants awarded under the pilot 

12 program shall supplement and not replace 

13 other sources of Federal funding; 

14 (ii) other sources of Federal funding 

15 are not taken into consideration when as16 sistance is awarded under the pilot pro17 gram; and 

18 (iii) no aspect of the pilot program is 

19 conducted or administered by a component 

20 of the Department other than the Trans21 portation Security Administration. 

22 (2) REPORT.—Not later than 180 days after 

23 the completion of the pilot program, the Assistant 

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1 port on the results of the pilot program, including 

2 an analysis of the feasibility and merit of expanding 

3 the pilot program to a permanent program and any 

4 recommendations determined appropriate by the As5 sistant Secretary. 

6 (3) AUTHORIZATION OF APPROPRIATIONS.—Of 

7 amounts made available pursuant to section 611 for 

8 fiscal year 2011, $7,000,000 shall be available to the 

9 Assistant Secretary to carry out this subsection. Any 

10 amount made available to the Assistant Secretary 

11 pursuant to this paragraph shall remain available 

12 until the end of fiscal year 2012. 

13 (c) REPORT ON RECOMMENDATIONS OF COMP14 TROLLER GENERAL.— 

15 (1) REPORT REQUIRED.—Not later than 90 

16 days after the date of the enactment of this Act, the 

17 Secretary of Homeland Security shall submit to the 

18 Committee on Homeland Security of the House of 

19 Representatives and the Committee on Homeland 

20 Security and Governmental Affairs of the Senate a 

21 report on the status of the Secretary’s implementa22 tion of the recommendations of the Comptroller Gen23 eral with respect to the improvement of the adminis24 tration of security grants under section 1406 of the 

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1 mission Act of 2007 (6 U.S.C. 1135; Public Law 

2 110–53). 

3 (2) REVIEW BY INSPECTOR GENERAL.—Before 

4 the Secretary submits the report required under 

5 paragraph (1), the report shall be reviewed by the 

6 Inspector General of the Department of Homeland 

7 Security. When the Secretary submits the report to 

8 Congress under paragraph (1), the Secretary shall 

9 include with the report documentation verifying that 

10 the report was reviewed by the Inspector General in 

11 accordance with this paragraph. 

12 SEC. 669. INTERNATIONAL LESSONS LEARNED FOR SECUR13 ING PASSENGER RAIL AND PUBLIC TRANS14 PORTATION SYSTEMS. 

15 (a) FINDINGS.—Congress finds that— 

16 (1) numerous terrorist attacks since September 

17 11, 2001, have targeted passenger rail or public 

18 transportation systems; 

19 (2) nearly 200 people were killed and almost 

20 2,000 more were injured when terrorists set off 10 

21 simultaneous explosions on 4 commuter trains in 

22 Madrid, Spain, on March 11, 2004; 

23 (3) 50 people were killed and more than 700 in24 jured in successive bombings of 3 transit stations 

25 and a public bus in London, England, on July 7, 


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1 2005, and a second attack against 4 similar targets 

2 on July 21, 2005, failed because of faulty deto3 nators; 

4 (4) more than 200 people were killed and more 

5 than 700 injured in simultaneous terrorist bombings 

6 of commuter trains on the Western Line in the sub7 urbs of Mumbai, India, on July 11, 2006; 

8 (5) the acts of terrorism in Mumbai, India, on 

9 November 26, 2008, included commando-style at10 tacks on a major railway station; and 

11 (6) a disproportionately low amount of atten12 tion and resources have been devoted to surface 

13 transportation security by the Department of Home14 land Security, including the security of passenger 

15 rail and public transportation systems, as compared 

16 with aviation security, which has been the primary 

17 focus of Federal transportation security efforts gen18 erally, and of the Transportation Security Adminis19 tration in particular. 

20 (b) STUDY.—The Comptroller General shall conduct 

21 a study on the efforts undertaken by the Secretary and 

22 Assistant Secretary, as well as other entities determined 

23 by the Comptroller General to have made significant ef24 forts, since January 1, 2004, to learn from foreign nations 

25 that have been targets of terrorist attacks on passenger 


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1 rail and public transportation systems in an effort to iden2 tify lessons learned from the experience of such nations 

3 to improve the execution of Department functions to ad4 dress transportation security gaps in the United States. 

5 (c) REPORT.— 

6 (1) IN GENERAL.—Not later than one year 

7 after the date of enactment of this Act, the Comp8 troller General shall submit to the Committee on 

9 Homeland Security of the House of Representatives 

10 and the Committee on Homeland Security and Gov11 ernmental Affairs of the Senate a report on the re12 sults of the study. The report shall also include an 

13 analysis of relevant conflicts of law that may affect 

14 the ability of the Department to apply lessons 

15 learned. 

16 (2) RECOMMENDATIONS.—The Comptroller 

17 General shall include in the report recommendations 

18 on how the Department and its components, includ19 ing the Transportation Security Administration, can 

20 expand efforts to learn from the expertise and the 

21 security practices of passenger rail and public trans22 portation systems in foreign nations that have expe23 rienced terrorist attacks on such systems. 


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1 SEC. 670. UNDERWATER TUNNEL SECURITY DEMONSTRA2 TION PROJECT. 

3 (a) DEMONSTRATION PROJECT.—The Assistant Sec4 retary, in consultation with the Under Secretary for 

5 Science and Technology, shall conduct a full-scale dem6 onstration project to test and assess the feasibility and 

7 effectiveness of certain technologies to enhance the secu8 rity of underwater public transportation tunnels against 

9 terrorist attacks involving the use of improvised explosive 

10 devices. 

11 (b) INFLATABLE PLUGS.— 

12 (1) IN GENERAL.—At least one of the tech13 nologies tested under subsection (a) shall be inflat14 able plugs that may be rapidly deployed to prevent 

15 flooding of a tunnel. 

16 (2) FIRST TECHNOLOGY TESTED.—Not later 

17 than 180 days after the date of enactment of this 

18 Act, the Assistant Secretary shall carry out a dem19 onstration project that tests the effectiveness of 

20 using inflatable plugs for the purpose described in 

21 paragraph (1). 

22 (c) REPORT TO CONGRESS.—Not later than 180 days 

23 after completion of the demonstration project under this 

24 section, the Assistant Secretary shall submit a report to 

25 the appropriate committees of Congress, including the 


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1 Committee on Homeland Security of the House of Rep2 resentatives, on the results of the demonstration project. 

3 (d) AUTHORIZATION OF APPROPRIATION.—Of the 

4 amounts made available under section 201 for fiscal year 

5 2011, $8,000,000 shall be available to carry out this sec6 tion. 

7 SEC. 671. PASSENGER RAIL SECURITY DEMONSTRATION 

8 PROJECT. 

9 (a) DEMONSTRATION PROJECT.—The Assistant Sec10 retary, in consultation with the Under Secretary for 

11 Science and Technology, shall conduct a demonstration 

12 project in a passenger rail system to test and assess the 

13 feasibility and effectiveness of technologies to strengthen 

14 the security of passenger rail systems against terrorist at15 tacks involving the use of improvised explosive devices. 

16 (b) SECURITY TECHNOLOGIES.—The demonstration 

17 project under this section shall test and assess tech18 nologies to— 

19 (1) detect improvised explosive devices on sta20 tion platforms, through the use of foreign object de21 tection programs in conjunction with cameras; and 

22 (2) defeat improvised explosive devices left on 

23 rail tracks. 

24 (c) REPORT TO CONGRESS.—Not later than 180 days 

25 after completion of the demonstration project under this 


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1 section, the Assistant Secretary shall submit a report to 

2 the appropriate committees of Congress, including the 

3 Committee on Homeland Security of the House of Rep4 resentatives, on the results of the demonstration project. 

5 SEC. 672. EXPLOSIVES DETECTION CANINE TEAMS. 

6 Section 1307 of the Implementing Recommendations 

7 of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is 

8 amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (1)(A), by striking 

11 ‘‘2010’’ and inserting ‘‘2011’’; and 

12 (B) by adding at the end the following new 

13 paragraph: 

14 ‘‘(3) ALLOCATION.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 increase the number of canine teams certified 

17 by the Transportation Security Administration 

18 for the purpose of passenger rail and public 

19 transportation security activities to not less 

20 than 200 canine teams by the end of fiscal year 

21 2011. 

22 ‘‘(B) COOPERATIVE AGREEMENTS.—The 

23 Secretary shall expand the use of canine teams 

24 to enhance passenger rail and public transpor25 tation security by entering into cooperative 


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1 agreements with passenger rail and public 

2 transportation agencies eligible for security as3 sistance under section 1406 of this Act for the 

4 purpose of deploying and maintaining canine 

5 teams to such agencies for use in passenger rail 

6 or public transportation security activities and 

7 providing for assistance in an amount not less 

8 than $75,000 for each canine team deployed, to 

9 be adjusted by the Secretary for inflation. 

10 ‘‘(C) AUTHORIZATION OF APPROPRIA11 TIONS.—From amounts made available under 

12 section 611 of the Transportation Security Ad13 ministration Authorization Act, there are au14 thorized to be appropriated to the Secretary 

15 such sums as may be necessary to carry out 

16 this paragraph for fiscal year 2011.’’; 

17 (2) in subsection (d)— 

18 (A) in paragraph (3), by striking ‘‘and’’; 

19 (B) in paragraph (4), by striking the pe20 riod at the end and inserting the following: ‘‘; 

21 and’’; and 

22 (C) by adding at the end the following new 

23 paragraph: 

24 ‘‘(5) expand the use of canine teams trained to 

25 detect vapor wave trails in passenger rail and public 


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1 transportation security environments, as the Sec2 retary, in consultation with the Assistant Secretary, 

3 determines appropriate.’’; 

4 (3) in subsection (e), by striking ‘‘, if appro5 priate,’’ and inserting ‘‘, to the extent practicable,’’; 

6 and 

7 (4) by striking subsection (f) and inserting the 

8 following new subsection (f): 

9 ‘‘(f) REPORT.—Not later than one year after the date 

10 of the enactment of the Transportation Security Adminis11 tration Authorization Act, the Comptroller General shall 

12 submit to the appropriate congressional committees a re13 port on— 

14 ‘‘(1) utilization of explosives detection canine 

15 teams to strengthen security in passenger rail and 

16 public transportation environments; 

17 ‘‘(2) the capacity of the national explosive de18 tection canine team program as a whole to serve 

19 homeland security; and 

20 ‘‘(3) how the Assistant Secretary could better 

21 support State and local passenger rail and public 

22 transportation entities in maintaining certified ca23 nine teams for the life of the canine, including by 

24 providing financial assistance.’’. 


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1 SEC. 673. DEPUTY ASSISTANT SECRETARY FOR SURFACE 

2 TRANSPORTATION SECURITY. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) the Transportation Security Administra6 tion’s capacity to address surface transportation se7 curity would be enhanced significantly by estab8 lishing a position of Deputy Assistant Secretary for 

9 Surface Transportation Security to lead the Trans10 portation Security Administration’s surface trans11 portation security mission; and 

12 (2) a Deputy Assistant Secretary for Surface 

13 Transportation Security could provide the focused 

14 leadership and resource management necessary to 

15 implement the policies and programs that are crit16 ical to securing surface transportation modes and 

17 ensure the effectiveness of the Surface Transpor18 tation Security Inspection Office, security policy and 

19 grant functions affecting surface transportation 

20 modes, and the Transit Security Advisory Com21 mittee. 

22 (b) REPORT.— 

23 (1) IN GENERAL.—Not later than 270 days 

24 after the date of enactment of this Act, the Inspec25 tor General of the Department of Homeland Secu26 rity shall submit to the Committee on Homeland SeVerDate Mar 15 2010 04:16 Jun 26, 2010 Jkt 089200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H5590.IH H5590

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1 curity of the House of Representatives and the Com2 mittee on Homeland Security and Governmental Af3 fairs of the Senate a report on the feasibility and 

4 merit of establishing a Deputy Assistant Secretary 

5 for Surface Transportation Security in the Trans6 portation Security Administration to reflect the re7 ality of security threats that are faced by all modes 

8 of transportation in the United States and also 

9 whether establishing the position of a Deputy Assist10 ant Secretary for Aviation Security would more ef11 fectively streamline or enhance the operational and 

12 policymaking capabilities of the Transportation Se13 curity Administration for all transportation modes. 

14 (2) RECOMMENDATIONS.—The Inspector Gen15 eral shall include in the report recommendations 

16 on— 

17 (A) the most effective and efficient ways to 

18 organize offices, functions, personnel, and pro19 grams of the Transportation Security Adminis20 tration under or among all respective Deputy 

21 Assistant Secretary positions to be created; 

22 (B) what offices, functions, personnel, and 

23 programs of the Transportation Security Ad24 ministration would best remain outside of the 

25 scope of any new Deputy Assistant Secretary 


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1 positions in order that such offices, functions, 

2 personnel, and programs maintain the status of 

3 reporting directly to the Assistant Secretary; 

4 and 

5 (C) any other relevant matters, as the In6 spector General determines appropriate. 

7 SEC. 674. PUBLIC HEARINGS ON SECURITY ASSISTANCE 

8 GRANT PROGRAM AND THE RESTRICTION OF 

9 SECURITY IMPROVEMENT PRIORITIES. 

10 (a) PUBLIC HEARINGS.—Not later than 180 days 

11 after the date of the enactment of this Act, the Assistant 

12 Secretary shall conduct public hearings on the administra13 tion of the security assistance grant program under sec14 tion 1406 of the Implementing Recommendations of the 

15 9/11 Commission Act of 2007 (6 U.S.C. 1135). The As16 sistant Secretary shall— 

17 (1) solicit information and input from the 5 

18 urban areas that receive the largest amount of grant 

19 funds under such section, including recipients pro20 viding mass transportation and passenger rail serv21 ices; and 

22 (2) solicit feedback from such recipients on 

23 whether current allowable uses of grant funds under 

24 the regulations or guidance implementing the grant 


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1 program are sufficient to address security improve2 ment priorities identified by transit agencies. 

3 (b) REPORT TO CONGRESS.—The Assistant Sec4 retary shall submit to the Committees on Appropriations 

5 and Homeland Security of the House of Representatives 

6 and the Committees on Appropriations and Homeland Se7 curity and Governmental Affairs of the Senate a report 

8 on the findings of the public hearings conducted under 

9 paragraph (1). The report shall include— 

10 (1) the Assistant Secretary’s determinations 

11 with respect to the extent to which security improve12 ment priorities identified by transit agencies are not 

13 met by the regulations or guidance implementing the 

14 grant program; and 

15 (2) how such regulations or guidance should be 

16 changed to accommodate such priorities, or the As17 sistant Secretary’s justification for not addressing 

18 such priorities with the grant program. 

19 Subtitle D—Transportation 

20 Security Enhancements 

21 CHAPTER 1—SECURITY ENHANCEMENTS 

22 SEC. 681. REPORT AND RECOMMENDATION FOR UNIFORM 

23 SECURITY BACKGROUND CHECKS. 

24 Not later than one year after the date of enactment 

25 of this Act, the Comptroller General shall submit to the 


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1 Committee on Homeland Security of the House of Rep2 resentatives a report that contains— 

3 (1) a review of background checks and forms of 

4 identification required under State and local trans5 portation security programs; 

6 (2) a determination as to whether the back7 ground checks and forms of identification required 

8 under such programs duplicate or conflict with Fed9 eral programs; and 

10 (3) recommendations on limiting the number of 

11 background checks and forms of identification re12 quired under such programs to reduce or eliminate 

13 duplication with Federal programs. 

14 SEC. 682. ANIMAL-PROPELLED VESSELS. 

15 Notwithstanding section 70105 of title 46, United 

16 States Code, the Secretary shall not require an individual 

17 to hold a transportation security card, or be accompanied 

18 by another individual who holds such a card if— 

19 (1) the individual has been issued a license, cer20 tificate of registry, or merchant mariner’s document 

21 under part E of subtitle II of title 46, United States 

22 Code; 

23 (2) the individual is not allowed unescorted ac24 cess to a secure area designated in a vessel or facil25 ity security plan approved by the Secretary; and 


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1 (3) the individual is engaged in the operation of 

2 an animal-propelled vessel. 

3 SEC. 683. REQUIREMENTS FOR ISSUANCE OF TRANSPOR4 TATION SECURITY CARDS; ACCESS PENDING 

5 ISSUANCE; REDUNDANT BACKGROUND 

6 CHECKS. 

7 Section 70105 of title 46, United States Code, is 

8 amended by adding at the end the following new sub9 sections: 

10 ‘‘(n) PROCESSING TIME.—The Secretary shall review 

11 an initial transportation security card application and re12 spond to the applicant, as appropriate, including the mail13 ing of an Initial Determination of Threat Assessment let14 ter, within 30 days after receipt of the initial application. 

15 The Secretary shall, to the greatest extent practicable, re16 view appeal and waiver requests submitted by a transpor17 tation security card applicant, and send a written decision 

18 or request for additional information required for the ap19 peal or waiver determination, within 30 days after receipt 

20 of the applicant’s appeal or waiver written request. For 

21 an applicant that is required to submit additional informa22 tion for an appeal or waiver determination, the Secretary 

23 shall send a written decision, to the greatest extent prac24 ticable, within 30 days after receipt of all requested infor25 mation. 


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1 ‘‘(o) RECEIPT OF CARDS.—Within 180 days after the 

2 date of enactment of the Transportation Security Admin3 istration Authorization Act, the Secretary shall develop a 

4 process to permit an individual approved for a transpor5 tation security card under this section to receive the card 

6 at the individual’s place of residence. 

7 ‘‘(p) FINGERPRINTING.—The Secretary shall estab8 lish procedures providing for an individual who is required 

9 to be fingerprinted for purposes of this section to be 

10 fingerprinted at facilities operated by or under contract 

11 with an agency of the Department of the Secretary that 

12 engages in fingerprinting the public for transportation se13 curity or other security purposes. 

14 ‘‘(q) REDUNDANT BACKGROUND CHECKS.—The Sec15 retary shall prohibit a State or political subdivision thereof 

16 from requiring a separate security background check for 

17 any purpose for which a transportation security card is 

18 issued under this section. The Secretary may waive the 

19 application of this subsection with respect to a State or 

20 political subdivision thereof if the State or political sub21 division demonstrates a compelling homeland security rea22 son that a separate security background check is nec23 essary.’’. 


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1 SEC. 684. HARMONIZING SECURITY CARD EXPIRATIONS. 

2 Section 70105(b) of title 46, United States Code, is 

3 amended by adding at the end the following new para4 graph: 

5 ‘‘(6) The Secretary may extend for up to one year 

6 the expiration of a biometric transportation security card 

7 required by this section to align the expiration with the 

8 expiration of a license, certificate of registry, or merchant 

9 mariner document required under chapter 71 or 73.’’. 

10 SEC. 685. PIPELINE SECURITY STUDY. 

11 (a) STUDY.—The Comptroller General shall conduct 

12 a study regarding the roles and responsibilities of the De13 partment of Homeland Security and the Department of 

14 Transportation with respect to pipeline security. The 

15 study shall address whether— 

16 (1) the Annex to the Memorandum of Under17 standing executed on August 9, 2006, between the 

18 Department of Homeland Security and the Depart19 ment of Transportation adequately delineates stra20 tegic and operational responsibilities for pipeline se21 curity, including whether it is clear which Depart22 ment is responsible for— 

23 (A) protecting against intentional pipeline 

24 breaches; 

25 (B) responding to intentional pipeline 

26 breaches; and 


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1 (C) planning to recover from the effects of 

2 intentional pipeline breaches; 

3 (2) the respective roles and responsibilities of 

4 each Department are adequately conveyed to rel5 evant stakeholders and to the public; and 

6 (3) the processes and procedures for deter7 mining whether a particular pipeline breach is a ter8 rorist incident are clear and effective. 

9 (b) REPORT ON STUDY.—Not later than 180 days 

10 after the date of enactment of this section, the Comp11 troller General shall submit to the Committee on Home12 land Security in the House of Representatives a report 

13 containing the findings of the study conducted under sub14 section (a). 

15 (c) REPORT TO CONGRESS.—Not later than 90 days 

16 after the issuance of the report regarding the study con17 ducted pursuant to this section, the Secretary of Home18 land Security shall review and analyze the study and sub19 mit to the Committee on Homeland Security of the House 

20 of Representatives a report on such review and analysis, 

21 including any recommendations for— 

22 (1) changes to the Annex to the Memorandum 

23 of Understanding described in subsection (a)(1); and 

24 (2) other improvements to pipeline security ac25 tivities at the Department of Homeland Security. 


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1 SEC. 686. TRANSPORTATION SECURITY ADMINISTRATION 

2 CENTRALIZED TRAINING FACILITY. 

3 (a) STUDY.—The Secretary of Homeland Security 

4 shall carry out a study on the feasibility of establishing 

5 a centralized training center for advanced security train6 ing provided by the Transportation Security Administra7 tion for the purpose of enhancing aviation security. 

8 (b) CONSIDERATIONS.—In conducting the study, the 

9 Secretary shall take into consideration the benefits, costs, 

10 equipment, personnel needs, and building requirements for 

11 establishing such a training center and if the benefits of 

12 establishing the center are an efficient use of resources 

13 for training transportation security officers. 

14 (c) REPORT.—Not later than one year after the date 

15 of enactment of this Act, the Secretary shall submit to 

16 the Committee on Homeland Security of the House of 

17 Representatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate a report re19 garding the results of the study. 

20 CHAPTER 2—SAFE TRUCKERS ACT OF 2010 

21 SEC. 691. SHORT TITLE. 

22 This chapter may be cited as the ‘‘Screening Applied 

23 Fairly and Equitably to Truckers Act of 2010’’ or the 

24 ‘‘SAFE Truckers Act of 2010’’. 


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1 SEC. 692. SURFACE TRANSPORTATION SECURITY. 

2 (a) IN GENERAL.—The Homeland Security Act of 

3 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

4 end the following: 

5 ‘‘TITLE XXI—SURFACE 

6 TRANSPORTATION SECURITY 

7 ‘‘SEC. 2101. TRANSPORTATION OF SECURITY SENSITIVE MA8 TERIALS. 

9 ‘‘(a) SECURITY SENSITIVE MATERIALS.—Not later 

10 than 120 days after the date of enactment of this section, 

11 the Secretary shall issue final regulations, after notice and 

12 comment, defining security sensitive materials for the pur13 poses of this title. 

14 ‘‘(b) MOTOR VEHICLE OPERATORS.—The Secretary 

15 shall prohibit an individual from operating a motor vehicle 

16 in commerce while transporting a security sensitive mate17 rial unless the individual holds a valid transportation secu18 rity card issued by the Secretary under section 70105 of 

19 title 46, United States Code. 

20 ‘‘(c) SHIPPERS.—The Secretary shall prohibit a per21 son from— 

22 ‘‘(1) offering a security sensitive material for 

23 transportation by motor vehicle in commerce; or 

24 ‘‘(2) causing a security sensitive material to be 

25 transported by motor vehicle in commerce, 


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1 unless the motor vehicle operator transporting the security 

2 sensitive material holds a valid transportation security 

3 card issued by the Secretary under section 70105 of title 

4 46, United States Code. 

5 ‘‘SEC. 2102. ENROLLMENT LOCATIONS. 

6 ‘‘(a) FINGERPRINTING LOCATIONS.—The Secretary 

7 shall— 

8 ‘‘(1) work with appropriate entities to ensure 

9 that fingerprinting locations for individuals applying 

10 for a transportation security card under section 

11 70105 of title 46, United States Code, have flexible 

12 operating hours; and 

13 ‘‘(2) permit an individual applying for such 

14 transportation security card to utilize a 

15 fingerprinting location outside of the individual’s 

16 State of residence to the greatest extent practicable. 

17 ‘‘(b) RECEIPT AND ACTIVATION OF CARDS.—The 

18 Secretary shall develop guidelines and procedures to per19 mit an individual to receive a transportation security card 

20 under section 70105 of title 46, United States Code, at 

21 the individual’s place of residence and to activate the card 

22 at any enrollment center. 

23 ‘‘(c) NUMBER OF LOCATIONS.—The Secretary shall 

24 develop and implement a plan— 


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1 ‘‘(1) to offer individuals applying for a trans2 portation security card under section 70105 of title 

3 46, United States Code, the maximum number of 

4 fingerprinting locations practicable across diverse ge5 ographic regions; and 

6 ‘‘(2) to conduct outreach to appropriate stake7 holders, including owners, operators, and relevant 

8 entities (and labor organizations representing em9 ployees of such owners, operators, and entities), to 

10 keep the stakeholders informed of the timeframe and 

11 locations for the opening of additional fingerprinting 

12 locations. 

13 ‘‘(d) AUTHORIZATION.—There are authorized to be 

14 appropriated such sums as may be necessary to carry out 

15 this section. 

16 ‘‘SEC. 2103. AUTHORITY TO ENSURE COMPLIANCE. 

17 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

18 ensure compliance with this title. 

19 ‘‘(b) MEMORANDUM OF UNDERSTANDING.—The Sec20 retary may enter into a memorandum of understanding 

21 with the Secretary of Transportation to ensure compliance 

22 with section 2101. 

23 ‘‘SEC. 2104. CIVIL PENALTIES. 

24 ‘‘A person that violates this title or a regulation or 

25 order issued under this title is liable to the United States 


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1 Government pursuant to the Secretary’s authority under 

2 section 114(v) of title 49, United States Code. 

3 ‘‘SEC. 2105. COMMERCIAL MOTOR VEHICLE OPERATORS 

4 REGISTERED TO OPERATE IN MEXICO OR 

5 CANADA. 

6 ‘‘The Secretary shall prohibit a commercial motor ve7 hicle operator licensed to operate in Mexico or Canada 

8 from operating a commercial motor vehicle transporting 

9 a security sensitive material in commerce in the United 

10 States until the operator has been subjected to, and not 

11 disqualified as a result of, a security background records 

12 check by a Federal agency that the Secretary determines 

13 is similar to the security background records check re14 quired for commercial motor vehicle operators in the 

15 United States transporting security sensitive materials in 

16 commerce. 

17 ‘‘SEC. 2106. OTHER SECURITY BACKGROUND CHECKS. 

18 ‘‘The Secretary shall determine that an individual ap19 plying for a transportation security card under section 

20 70105 of title 46, United States Code, has met the back21 ground check requirements for such card if the individual 

22 was subjected to, and not disqualified as a result of, a 

23 security background records check by a Federal agency 

24 that the Secretary determines is equivalent to or more 


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1 stringent than the background check requirements for 

2 such card. 

3 ‘‘SEC. 2107. REDUNDANT BACKGROUND CHECKS. 

4 ‘‘(a) IN GENERAL.—After the date of enactment of 

5 this title, the Secretary shall prohibit a State or political 

6 subdivision thereof from requiring a separate security 

7 background check of an individual seeking to transport 

8 hazardous materials. 

9 ‘‘(b) WAIVERS.—The Secretary may waive the appli10 cation of subsection (a) with respect to a State or political 

11 subdivision thereof if the State or political subdivision 

12 demonstrates a compelling homeland security reason that 

13 a separate security background check is necessary to en14 sure the secure transportation of hazardous materials in 

15 the State or political subdivision. 

16 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

17 Nothing in this section shall limit the authority of a State 

18 to ensure that an individual has the requisite knowledge 

19 and skills to safely transport hazardous materials in com20 merce. 

21 ‘‘SEC. 2108. TRANSITION. 

22 ‘‘(a) TREATMENT OF INDIVIDUALS RECEIVING PRIOR

23 HAZARDOUS MATERIALS ENDORSEMENTS.—The Sec24 retary shall treat an individual who has obtained a haz25 ardous materials endorsement in accordance with section 


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1 1572 of title 49, Code of Federal Regulations, before the 

2 date of enactment of this title, as having met the back3 ground check requirements of a transportation security 

4 card under section 70105 of title 46, United States Code, 

5 subject to reissuance or expiration dates of the hazardous 

6 materials endorsement. 

7 ‘‘(b) REDUCTION IN FEES.—The Secretary shall re8 duce, to the greatest extent practicable, any fees associ9 ated with obtaining a transportation security card under 

10 section 70105 of title 46, United States Code, for any in11 dividual referred to in subsection (a). 

12 ‘‘SEC. 2109. SAVINGS CLAUSE. 

13 ‘‘Nothing in this title shall be construed as affecting 

14 the authority of the Secretary of Transportation to regu15 late hazardous materials under chapter 51 of title 49, 

16 United States Code. 

17 ‘‘SEC. 2110. DEFINITIONS. 

18 ‘‘In this title, the following definitions apply: 

19 ‘‘(1) COMMERCE.—The term ‘commerce’ means 

20 trade or transportation in the jurisdiction of the 

21 United States— 

22 ‘‘(A) between a place in a State and a 

23 place outside of the State; or 


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1 ‘‘(B) that affects trade or transportation 

2 between a place in a State and a place outside 

3 of the State. 

4 ‘‘(2) HAZARDOUS MATERIAL.—The term ‘haz5 ardous material’ has the meaning given that term in 

6 section 5102 of title 49, United States Code. 

7 ‘‘(3) PERSON.—The term ‘person’, in addition 

8 to its meaning under section 1 of title 1, United 

9 States Code— 

10 ‘‘(A) includes a government, Indian tribe, 

11 or authority of a government or tribe offering 

12 security sensitive material for transportation in 

13 commerce or transporting security sensitive ma14 terial to further a commercial enterprise; but 

15 ‘‘(B) does not include— 

16 ‘‘(i) the United States Postal Service; 

17 and 

18 ‘‘(ii) in section 2104, a department, 

19 agency, or instrumentality of the Govern20 ment. 

21 ‘‘(4) SECURITY SENSITIVE MATERIAL.—The 

22 term ‘security sensitive material’ has the meaning 

23 given that term in section 1501 of the Implementing 

24 Recommendations of the 9/11 Commission Act of 

25 2007 (6 U.S.C. 1151). 


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1 ‘‘(5) TRANSPORTS; TRANSPORTATION.—The 

2 term ‘transports’ or ‘transportation’ means the 

3 movement of property and loading, unloading, or 

4 storage incidental to such movement.’’. 

5 SEC. 693. CONFORMING AMENDMENT. 

6 The table of contents contained in section 1(b) of the 

7 Homeland Security Act of 2002 (116 Stat. 2135) is 

8 amended by adding at the end the following: 

‘‘TITLE XXI—SURFACE TRANSPORTATION SECURITY 

‘‘Sec. 2101. Transportation of security sensitive materials. 

‘‘Sec. 2102. Enrollment locations. 

‘‘Sec. 2103. Authority to ensure compliance. 

‘‘Sec. 2104. Civil penalties. 

‘‘Sec. 2105. Commercial motor vehicle operators registered to operate in Mexico 

or Canada. 

‘‘Sec. 2106. Other security background checks. 

‘‘Sec. 2107. Redundant background checks. 

‘‘Sec. 2108. Transition. 

‘‘Sec. 2109. Savings clause. 

‘‘Sec. 2110. Definitions.’’. 

9 SEC. 694. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. 

10 Section 5103a of title 49, United States Code, and 

11 the item relating to that section in the analysis for chapter 

12 51 of such title, are repealed. 

13 SEC. 695. DEADLINES AND EFFECTIVE DATES. 

14 (a) ISSUANCE OF TRANSPORTATION SECURITY

15 CARDS.—Not later than May 31, 2011, the Secretary shall 

16 begin issuance of transportation security cards under sec17 tion 70105 of title 46, United States Code, to individuals 

18 who seek to operate a motor vehicle in commerce while 

19 transporting security sensitive materials. 


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1 (b) EFFECTIVE DATE OF PROHIBITIONS.—The pro2 hibitions contained in sections 2101 and 2106 of the 

3 Homeland Security Act of 2002 (as added by this subtitle) 

4 shall take effect on the date that is 3 years after the date 

5 of enactment of this Act. 

6 (c) EFFECTIVE DATE OF SECTION 694 AMEND7 MENTS.—The amendments made by section 694 of this 

8 Act shall take effect on the date that is 3 years after the 

9 date of enactment of this Act. 

10 SEC. 696. TASK FORCE ON DISQUALIFYING CRIMES. 

11 (a) ESTABLISHMENT.—The Secretary shall establish 

12 a task force to review the lists of crimes that disqualify 

13 individuals from transportation-related employment under 

14 current regulations of the Transportation Security Admin15 istration and assess whether such lists of crimes are accu16 rate indicators of a terrorism security risk. 

17 (b) MEMBERSHIP.—The task force shall be composed 

18 of representatives of appropriate industries, including 

19 labor unions representing employees of such industries, 

20 Federal agencies, and other appropriate entities, as deter21 mined by the Secretary. 

22 (c) REPORT.—Not later than 180 days after the date 

23 of enactment of this Act, the task force shall submit to 

24 the Secretary and the Committee on Homeland Security 

25 of the House of Representatives a report containing the 


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1 results of the review, including recommendations for a 

2 common list of disqualifying crimes and the rationale for 

3 the inclusion of each crime on the list. 

4 TITLE VII—MARITIME SECURITY 

5 Subtitle A—General Provisions 

6 SEC. 701. AUTHORIZATION OF APPROPRIATIONS. 

7 Of the amount authorized to be appropriated to the 

8 Secretary under section 201, funds are authorized to be 

9 appropriated to the Commandant of the Coast Guard for 

10 fiscal year 2011 for necessary expenses of the Coast 

11 Guard as follows: 

12 (1) For necessary expenses for the operation 

13 and maintenance of the Coast Guard not otherwise 

14 provided for; purchase or lease of not to exceed 25 

15 passenger motor vehicles, which shall be for replace16 ment only; purchase or lease of small boats for con17 tingent and emergent requirements (at a unit cost of 

18 no more than $700,000) and repairs and service-life 

19 replacements, not to exceed a total of $26,000,000; 

20 minor shore construction projects not exceeding 

21 $1,000,000 in total cost at any location; payments 

22 pursuant to section 156 of Public Law 97–377 (42 

23 U.S.C. note; 96 Stat. 1920); and recreation and wel24 fare; $6,689,655,000 of which $340,000,000 shall be 

25 for defense-related activities; of which $24,500,000 


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1 shall be derived from the Oil Spill Liability Trust 

2 Fund to carry out the purposes of section 

3 1012(a)(5) of the Oil Pollution Act of 1990 (33 

4 U.S.C. 2712(a)(5)); of which not to exceed $20,000 

5 shall be for official reception and representation ex6 penses: Provided further, that none of the funds 

7 made available by this Act shall be for expenses in8 curred for recreational vehicles under section 12114 

9 of title 46, United States Code, except to the extent 

10 fees are collected from yacht owners and credited to 

11 this appropriation. 

12 (2) For the acquisition, construction, rebuild13 ing, and improvement of aids to navigation, shore 

14 and offshore facilities, vessels, and aircraft, includ15 ing equipment related thereto, $1,477,228,000 of 

16 which— 

17 (A) $20,000,000 shall be derived from the 

18 Oil Spill Liability Trust Fund to carry out the 

19 purposes of section 1012(a)(5) of the Oil Pollu20 tion Act of 1990, to remain available until ex21 pended; 

22 (B) $1,208,502,000 is authorized for the 

23 Integrated Deepwater System Program, includ24 ing $96,000,000 for long lead construction ma25 terials for National Security Cutter #6; and 


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1 (C) $69,200,000 is authorized for shore fa2 cilities and aids to navigation. 

3 (3) To the Commandant of the Coast Guard for 

4 research, development, test, and evaluation of tech5 nologies, material, and human factors directly relat6 ing to improving the performance of Coast Guard 

7 missions, $25,034,000, to remain available until ex8 pended, of which $500,000 shall be derived from the 

9 Oil Spill Liability Trust Fund to carry out the pur10 poses of section 1012(a)(5) of the Oil Pollution Act 

11 of 1990. 

12 (4) For retired pay (including the payment of 

13 obligations otherwise chargeable to lapsed appropria14 tions of this purpose), payments under the Retired 

15 Serviceman’s Family Protection and Survivor Ben16 efit Plans, and payments for medical care of retired 

17 personnel and their dependents under chapter 55 of 

18 title 10, United States Code, $1,400,700,000 to re19 main available until expended. 

20 (5) For environmental compliance and restora21 tion at Coast Guard facilities (other than parts and 

22 equipment associated with operation and mainte23 nance), $13,329,000 to remain available until ex24 pended. 


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1 (6) For Coast Guard Reserve Program, includ2 ing personnel and training costs, equipment, and 

3 services, $135,675,000. 

4 (7) None of the funds authorized by this Act 

5 may be used for the decommissioning of a Coast 

6 Guard High Endurance Cutter unless the Coast 

7 Guard commissions, including in commission special 

8 status, a replacement National Security Cutter with9 in 90 days after such decommissioning. 

10 SEC. 702. AUTHORIZED LEVELS OF MILITARY STRENGTH 

11 AND TRAINING. 

12 (a) ACTIVE DUTY STRENGTH.—The Coast Guard is 

13 authorized an end-of-year strength for active duty per14 sonnel of 47,000 for the fiscal year ending on September 

15 30, 2011. 

16 (b) MILITARY TRAINING STUDENT LOADS.—For fis17 cal year 2011, the Coast Guard is authorized average mili18 tary training student loads as follows: 

19 (1) For recruit and special training, 2,500 stu20 dent years. 

21 (2) For flight training, 165 student years. 

22 (3) For professional training in military and ci23 vilian institutions, 350 student years. 

24 (4) For officer acquisition, 1,200 student years. 


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1 SEC. 703. ADMIRALS AND VICE ADMIRALS. 

2 (a) ADMIRALS.—Section 41 of title 14, United States 

3 Code, is amended by striking ‘‘an admiral,’’ and inserting 

4 ‘‘admirals;’’. 

5 (b) VICE COMMANDANT.—Section 47 of title 14, 

6 United States Code, is amended— 

7 (1) in the section heading by striking ‘‘assign8 ment’’ and inserting ‘‘appointment’’; and 

9 (2) in the text by striking ‘‘vice admiral’’ and 

10 inserting ‘‘admiral’’. 

11 (c) VICE ADMIRALS.— 

12 (1) IN GENERAL.—Section 50 of title 14, 

13 United States Code, is amended to read as follows: 

14 ‘‘§ 50. Vice admirals 

15 ‘‘(a)(1) The President may designate 4 positions of 

16 importance and responsibility that shall be held by officers 

17 who— 

18 ‘‘(A) while so serving, shall have the grade of 

19 vice admiral, with the pay and allowances of that 

20 grade; and 

21 ‘‘(B) shall perform any duties as the Com22 mandant may prescribe. 

23 ‘‘(2) The 4 vice admiral positions authorized under 

24 paragraph (1) are, respectively, the following: 

25 ‘‘(A) The Deputy Commandant for Mission 

26 Support. 


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1 ‘‘(B) The Deputy Commandant for Operations 

2 Policy. 

3 ‘‘(C) The Commander, Force Readiness Com4 mand. 

5 ‘‘(D) The Commander, Operations Command. 

6 ‘‘(3) The President may appoint, by and with the ad7 vice and consent of the Senate, and reappoint, by and with 

8 the advice and consent of the Senate, to each of the posi9 tions designated under paragraph (1) an officer of the 

10 Coast Guard who is serving on active duty above the grade 

11 of captain. The Commandant shall make recommendations 

12 for those appointments. 

13 ‘‘(4)(A) Except as provided in subparagraph (B), the 

14 Deputy Commandant for Operations Policy must have at 

15 least 10 years experience in vessel inspection, marine cas16 ualty investigations, mariner licensing, or an equivalent 

17 technical expertise in the design and construction of com18 mercial vessels, with at least 4 years of leadership experi19 ence at a staff or unit carrying out marine safety func20 tions. 

21 ‘‘(B) The requirements of subparagraph (A) do not 

22 apply to such Deputy Commandant if the subordinate offi23 cer serving in the grade of rear admiral with responsibil24 ities for marine safety, security, and stewardship possesses 

25 that experience. 


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1 ‘‘(b)(1) The appointment and the grade of vice admi2 ral under this section shall be effective on the date the 

3 officer assumes that duty and, except as provided in para4 graph (2) of this subsection or in section 51(d) of this 

5 title, shall terminate on the date the officer is detached 

6 from that duty. 

7 ‘‘(2) An officer who is appointed to a position des8 ignated under subsection (a) shall continue to hold the 

9 grade of vice admiral— 

10 ‘‘(A) while under orders transferring the officer 

11 to another position designated under subsection (a), 

12 beginning on the date the officer is detached from 

13 duty and terminating on the date before the day the 

14 officer assumes the subsequent duty, but not for 

15 more than 60 days; 

16 ‘‘(B) while hospitalized, beginning on the day of 

17 the hospitalization and ending on the day the officer 

18 is discharged from the hospital, but not for more 

19 than 180 days; and 

20 ‘‘(C) while awaiting retirement, beginning on 

21 the date the officer is detached from duty and end22 ing on the day before the officer’s retirement, but 

23 not for more than 60 days. 


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1 ‘‘(c)(1) An appointment of an officer under sub2 section (a) does not vacate the permanent grade held by 

3 the officer. 

4 ‘‘(2) An officer serving in a grade above rear admiral 

5 who holds the permanent grade of rear admiral (lower 

6 half) shall be considered for promotion to the permanent 

7 grade of rear admiral as if the officer was serving in the 

8 officer’s permanent grade. 

9 ‘‘(d) Whenever a vacancy occurs in a position des10 ignated under subsection (a), the Commandant shall in11 form the President of the qualifications needed by an offi12 cer serving in that position to carry out effectively the du13 ties and responsibilities of that position.’’. 

14 (2) APPLICATION OF DEPUTY COMMANDANT

15 QUALIFICATION REQUIREMENT.—The requirement 

16 under section 50(a)(4)(A) of title 14, United States 

17 Code, as amended by this subsection, shall apply on 

18 and after October 1, 2011. 

19 (d) REPEAL.—Section 50a of title 14, United States 

20 Code, is repealed. 

21 (e) CONFORMING AMENDMENT.—Section 51 of that 

22 title is amended— 

23 (1) by amending subsections (a), (b), and (c) to 

24 read as follows: 


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1 ‘‘(a) An officer, other than the Commandant, who, 

2 while serving in the grade of admiral or vice admiral, is 

3 retired for physical disability shall be placed on the retired 

4 list with the highest grade in which that officer served. 

5 ‘‘(b) An officer, other than the Commandant, who is 

6 retired while serving in the grade of admiral or vice admi7 ral, or who, after serving at least two and one-half years 

8 in the grade of admiral or vice admiral, is retired while 

9 serving in a lower grade, may in the discretion of the 

10 President, be retired with the highest grade in which that 

11 officer served. 

12 ‘‘(c) An officer, other than the Commandant, who, 

13 after serving less than two and one-half years in the grade 

14 of admiral or vice admiral, is retired while serving in a 

15 lower grade, shall be retired in his permanent grade.’’; and 

16 (2) in subsection (d)(2) by striking ‘‘Area Com17 mander, or Chief of Staff’’ and inserting ‘‘or Vice 

18 Admirals’’. 

19 (f) CONTINUITY OF GRADE.—Section 52 of title 14, 

20 United States Code, is amended— 

21 (1) in the section heading by inserting ‘‘and 

22 admirals’’ after ‘‘Vice admirals’’; and 

23 (2) in the text by inserting ‘‘or admiral’’ after 

24 ‘‘vice admiral’’ the first time that term appears. 


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1 (g) CONTINUATION ON ACTIVE DUTY.—The second 

2 sentence of section 290(a) of title 14, United States Code, 

3 is amended to read as follows: ‘‘Officers, other than the 

4 Commandant, serving for the time being or who have 

5 served in the grade of vice admiral or admiral are not sub6 ject to consideration for continuation under this sub7 section, and as to all other provisions of this section shall 

8 be considered as having been continued in the grade of 

9 rear admiral.’’. 

10 (h) TREATMENT OF INCUMBENTS; TRANSITION.— 

11 (1) VICE COMMANDANT.—Notwithstanding any 

12 other provision of law, the officer who, on the date 

13 of enactment of this Act, is serving in the Coast 

14 Guard as Vice Commandant— 

15 (A) shall continue to serve as Vice Com16 mandant; 

17 (B) shall have the grade of admiral with 

18 pay and allowances of that grade; and 

19 (C) shall not be required to be reappointed 

20 by reason of the enactment of this Act. 

21 (2) CHIEF OF STAFF, COMMANDER, ATLANTIC

22 AREA, OR COMMANDER, PACIFIC AREA.—Notwith23 standing any other provision of law, an officer who, 

24 on the date of enactment of this Act, is serving in 


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1 the Coast Guard as Chief of Staff, Commander, At2 lantic Area, or Commander, Pacific Area— 

3 (A) shall continue to have the grade of vice 

4 admiral with pay and allowance of that grade 

5 until such time that the officer is relieved of his 

6 or her duties and appointed and confirmed to 

7 another position as a vice admiral or admiral; 

8 and 

9 (B) for the purposes of transition, may 

10 continue, for not more than one year after the 

11 date of enactment of this Act, to perform the 

12 duties of the officer’s former position and any 

13 other such duties that the Commandant pre14 scribes. 

15 (i) CLERICAL AMENDMENTS.— 

16 (1) The table of sections at the beginning of 

17 chapter 3 of title 14, United States Code, is amend18 ed— 

19 (A) by striking the item relating to section 

20 47 and inserting the following: 

‘‘47. Vice Commandant; appointment.’’; 

21 (B) by striking the item relating to section 

22 50 and inserting the following: 

‘‘50. Vice admirals.’’; 

23 (C) by striking the item relating to section 

24 50a; and 


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1 (D) by striking the item relating to section 

2 52 and inserting the following: 

‘‘52. Vice admirals and admirals, continuity of grade.’’. 

3 (j) TECHNICAL CORRECTION.—Section 47 of title 14, 

4 United States Code, is further amended in the fifth sen5 tence by striking ‘‘subsection’’ and inserting ‘‘section’’. 

6 SEC. 704. COAST GUARD COMMISSIONED OFFICERS: COM7 PULSORY RETIREMENT. 

8 (a) IN GENERAL.—Chapter 11 of title 14, United 

9 States Code, is amended by striking section 293 and in10 serting the following: 

11 ‘‘§ 293. Compulsory retirement 

12 ‘‘(a) REGULAR COMMISSIONED OFFICERS.—Any reg13 ular commissioned officer, except a commissioned warrant 

14 officer, serving in a grade below rear admiral (lower half) 

15 shall be retired on the first day of the month following 

16 the month in which the officer becomes 62 years of age. 

17 ‘‘(b) FLAG-OFFICER GRADES.—(1) Except as pro18 vided in paragraph (2), any regular commissioned officer 

19 serving in a grade of rear admiral (lower half) or above 

20 shall be retired on the first day of the month following 

21 the month in which the officer becomes 64 years of age. 

22 ‘‘(2) The retirement of an officer under paragraph 

23 (1) may be deferred— 

24 ‘‘(A) by the President, but such a deferment 

25 may not extend beyond the first day of the month 


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1 following the month in which the officer becomes 68 

2 years of age; or 

3 ‘‘(B) by the Secretary, but such a deferment 

4 may not extend beyond the first day of the month 

5 following the month in which the officer becomes 66 

6 years of age.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis at the be8 ginning of such chapter is amended by striking the item 

9 relating to such section and inserting the following: 

‘‘293. Compulsory retirement.’’. 

10 SEC. 705. COMMISSIONED OFFICERS. 

11 (a) ACTIVE DUTY PROMOTION LIST.—Section 42 of 

12 title 14, United States Code, is amended to read as fol13 lows: 

14 ‘‘§ 42. Number and distribution of commissioned offi15 cers on active duty promotion list 

16 ‘‘(a) MAXIMUM TOTAL NUMBER.—The total number 

17 of Coast Guard commissioned officers on the active duty 

18 promotion list, excluding warrant officers, shall not exceed 

19 6,700; except that the Commandant may temporarily in20 crease that number by up to 2 percent for no more than 

21 60 days following the date of the commissioning of a Coast 

22 Guard Academy class. 

23 ‘‘(b) DISTRIBUTION PERCENTAGES BY GRADE.— 

24 ‘‘(1) REQUIRED.—The total number of commis25 sioned officers authorized by this section shall be 


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1 distributed in grade in the following percentages: 

2 0.375 percent for rear admiral; 0.375 percent for 

3 rear admiral (lower half); 6.0 percent for captain; 

4 15.0 percent for commander; and 22.0 percent for 

5 lieutenant commander. 

6 ‘‘(2) DISCRETIONARY.—The Secretary shall 

7 prescribe the percentages applicable to the grades of 

8 lieutenant, lieutenant (junior grade), and ensign. 

9 ‘‘(3) AUTHORITY OF SECRETARY TO REDUCE

10 PERCENTAGE.—The Secretary— 

11 ‘‘(A) may reduce, as the needs of the Coast 

12 Guard require, any of the percentages set forth 

13 in paragraph (1); and 

14 ‘‘(B) shall apply that total percentage re15 duction to any other lower grade or combination 

16 of lower grades. 

17 ‘‘(c) COMPUTATIONS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall com19 pute, at least once each year, the total number of 

20 commissioned officers authorized to serve in each 

21 grade by applying the grade distribution percentages 

22 established by or under this section to the total 

23 number of commissioned officers listed on the cur24 rent active duty promotion list. 


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1 ‘‘(2) ROUNDING FRACTIONS.—Subject to sub2 section (a), in making the computations under para3 graph (1), any fraction shall be rounded to the near4 est whole number. 

5 ‘‘(3) TREATMENT OF OFFICERS SERVING OUT6 SIDE COAST GUARD.—The number of commissioned 

7 officers on the active duty promotion list below the 

8 rank of rear admiral (lower half) serving with other 

9 Federal departments or agencies on a reimbursable 

10 basis or excluded under section 324(d) of title 49 

11 shall not be counted against the total number of 

12 commissioned officers authorized to serve in each 

13 grade. 

14 ‘‘(d) USE OF NUMBERS; TEMPORARY INCREASES.— 

15 The numbers resulting from computations under sub16 section (c) shall be, for all purposes, the authorized num17 ber in each grade; except that the authorized number for 

18 a grade is temporarily increased during the period between 

19 one computation and the next by the number of officers 

20 originally appointed in that grade during that period and 

21 the number of officers of that grade for whom vacancies 

22 exist in the next higher grade but whose promotion has 

23 been delayed for any reason. 

24 ‘‘(e) OFFICERS SERVING COAST GUARD ACADEMY

25 AND RESERVE.—The number of officers authorized to be 


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1 serving on active duty in each grade of the permanent 

2 commissioned teaching staff of the Coast Guard Academy 

3 and of the Reserve serving in connection with organizing, 

4 administering, recruiting, instructing, or training the re5 serve components shall be prescribed by the Secretary.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for chap7 ter 3 of such title is amended by striking the item relating 

8 to section 42 and inserting the following: 

‘‘42. Number and distribution of commissioned officers on active duty promotion 

list.’’. 

9 SEC. 706. ADMINISTRATION OF MARITIME SECURITY. 

10 (a) ESTABLISH MARITIME SECURITY AS A COAST

11 GUARD FUNCTION.—Chapter 5 of title 14, United States 

12 Code, is further amended by adding at the end the fol13 lowing new section: 

14 ‘‘§ 103. Maritime security 

15 ‘‘To protect life, property, and the environment on, 

16 under, and over waters subject to the jurisdiction of the 

17 United States and on vessels subject to the jurisdiction 

18 of the United States, the Commandant shall promote mar19 itime security as follows: 

20 ‘‘(1) By taking actions necessary in the public 

21 interest to protect such life, property, and the envi22 ronment. 

23 ‘‘(2) Based on priorities established by the 

24 Commandant including— 


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1 ‘‘(A) protecting maritime borders from all 

2 intrusions, reducing the risk from terrorism to 

3 United States passengers at foreign and domes4 tic ports and in designated waterfront facilities, 

5 and preventing and responding to terrorist at6 tacks and other homeland security threats; 

7 ‘‘(B) protecting critical maritime infra8 structure and other key resources; and 

9 ‘‘(C) preventing, to the maximum extent 

10 practicable, a transportation security incident 

11 as defined in section 70101 of title 46.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis at the be13 ginning of such chapter is further amended by adding at 

14 the end the following new item: 

‘‘Sec. 103. Maritime security.’’. 

15 (c) MARITIME SECURITY STAFF.— 

16 (1) IN GENERAL.—Chapter 3 of title 14, United 

17 States Code, is further amended by adding at the 

18 end the following new sections: 

19 ‘‘§ 60. Maritime security workforce 

20 ‘‘(a) DESIGNATION OF MARITIME SECURITY WORK21 FORCE.— 

22 ‘‘(1) IN GENERAL.—The Secretary, acting 

23 through the Commandant, shall ensure appropriate 

24 coverage of maritime security missions within the 

25 workforce in each sector. 


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1 ‘‘(2) REQUIRED POSITIONS.—In designating po2 sitions under paragraph (1), the Secretary shall in3 clude the following maritime security-related posi4 tions: 

5 ‘‘(A) Program oversight. 

6 ‘‘(B) Counterterrorism functions. 

7 ‘‘(C) Counterintelligence functions. 

8 ‘‘(D) Criminal investigations related to 

9 maritime security. 

10 ‘‘(E) Port security enforcement. 

11 ‘‘(F) Any other activities that the Com12 mandant deems as necessary. 

13 ‘‘(3) MARITIME SECURITY MANAGEMENT AC14 TIVITIES.—The Secretary shall also designate under 

15 paragraph (1) those maritime security-related man16 agement positions located at Coast Guard head17 quarters, Coast Guard Readiness Command, Coast 

18 Guard Operations Command, the Deployable Oper19 ations Group, and the Intelligence Coordination Cen20 ter. 

21 ‘‘(b) CAREER PATHS.—The Secretary, acting 

22 through the Commandant, may establish appropriate ca23 reer paths for civilian and military Coast Guard personnel 

24 who wish to pursue careers in maritime security are identi25 fied in terms of the education, training, experience, and 


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1 assignments necessary for career progression of civilians 

2 and member of the Armed Forces to the most senior mari3 time security positions. The Secretary shall make available 

4 published information on such career paths. 

5 ‘‘(c) BALANCED WORKFORCE POLICY.—In the devel6 opment of maritime security workforce policies under this 

7 section with respect to any civilian employees or applicants 

8 for employment with the Coast Guard, the Secretary shall, 

9 consistent with the merit system principles set out in para10 graphs (1) and (2) of section 2301(b) of title 5, take into 

11 consideration the need to maintain a balanced workforce 

12 in which women and members of racial and ethnic minor13 ity groups are appropriately represented in Government 

14 service. 

15 ‘‘(d) SECTOR CHIEF OF MARITIME SECURITY.— 

16 ‘‘(1) IN GENERAL.—The Commandant may as17 sign, as appropriate, a Chief of Maritime Security 

18 who shall be at least a Lieutenant Commander or ci19 vilian employee within the grade GS–13 of the Gen20 eral Schedule in each Coast Guard sector. 

21 ‘‘(2) FUNCTIONS.—The Chief of Maritime Se22 curity for a sector— 

23 ‘‘(A) is responsible for all individuals who, 

24 on behalf of the Coast Guard, conduct port se25 curity operations, counterterrorism operations, 


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1 intelligence and counterintelligence operations, 

2 and support national defense operations; and 

3 ‘‘(B) if not the Coast Guard officer in 

4 command of that sector, is the principal advisor 

5 to the Sector Commander regarding maritime 

6 security matters in that sector. 

7 ‘‘(e) SIGNATORIES OF LETTER OF QUALIFICATION.— 

8 Each individual signing a letter of qualification for mari9 time security personnel must hold a letter of qualification 

10 for the type being certified. 

11 ‘‘§ 61. Centers of expertise for maritime security 

12 ‘‘(a) ESTABLISHMENT.—The Commandant may es13 tablish and operate one or more centers of Maritime Secu14 rity (in this section referred to as a ‘Center’). 

15 ‘‘(b) MISSIONS.—The Centers shall— 

16 ‘‘(1) be used to facility education, training, and 

17 research in maritime security including maritime do18 main awareness, counterterrorism policy and oper19 ations, and intelligence collection, fusion, and dis20 semination; 

21 ‘‘(2) develop a repository on information on 

22 maritime security; and 

23 ‘‘(3) perform any other function as the Com24 mandant may specify. 


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1 ‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTI2 TUTION AUTHORIZED.—The Commandant may enter into 

3 an agreement with an appropriate official of an institution 

4 of higher education to— 

5 ‘‘(1) provide for joint operation of a Center; 

6 and 

7 ‘‘(2) provide necessary administrative service 

8 for a Center, including administration and allocation 

9 of funds. 

10 ‘‘(d) ACCEPTANCE OF DONATIONS.— 

11 ‘‘(1) IN GENERAL.—The Commandant may ac12 cept, on behalf of a center, donations to be used to 

13 defray the costs of the Center or to enhance the op14 eration of the Center. 

15 ‘‘(2) GUIDANCE.—The Commandant shall pre16 scribe written guidance setting forth the criteria to 

17 be used in determining if the acceptance of a dona18 tion is appropriate.’’. 

19 (2) CLERICAL AMENDMENT.—The analysis at 

20 the beginning of such chapter is further amended by 

21 adding at the end the following new items: 

‘‘Sec. 60. Maritime security workforce. 

‘‘Sec. 61. Centers of expertise for maritime security.’’. 

22 (d) POWERS AND DUTIES.—Section 93 of title 14, 

23 United States Code, is amended by adding at the end the 

24 following new subsection: 


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1 ‘‘(e) In exercising the Commandant’s duties and re2 sponsibilities with regard to maritime security, the Com3 mandant shall designate a flag officer to serve as the prin4 cipal advisor to the Commandant for maritime security. 

5 The designee shall have at least 10 years combined experi6 ence in operations, intelligence, counterterrorism, counter7 intelligence, port security, criminal investigations (except 

8 maritime casualty investigations), and port security or 

9 other maritime security functions, and at least four years 

10 of leadership experience at a staff or unit carrying out 

11 maritime security functions.’’. 

12 SEC. 707. MARITIME SECURITY RESPONSE TEAMS. 

13 Section 70106 of title 46, United States Code, is 

14 amended by striking subsection (c) and inserting the fol15 lowing: 

16 ‘‘(c) MARITIME SECURITY RESPONSE TEAMS.— 

17 ‘‘(1) IN GENERAL.—In addition to the maritime 

18 safety and security teams, the Secretary shall estab19 lish no less than two maritime security response 

20 teams to act as the Coast Guard’s rapidly deployable 

21 counterterrorism and law enforcement response 

22 units that can apply advanced interdiction skills in 

23 response to threats of maritime terrorism. 

24 ‘‘(2) MINIMIZATION OF RESPONSE TIME.—The 

25 maritime security response teams shall be stationed 


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1 in such a way to minimize, to the extent practicable, 

2 the response time to any reported maritime terrorist 

3 threat. 

4 ‘‘(3) DEDICATED AVIATION SUPPORT.—The 

5 maritime security response teams required by this 

6 subsection shall include a deployable aviation sup7 port element capable of providing regular training to 

8 ensure a maritime security response team’s pro9 ficiency in vertical insertion operations. 

10 ‘‘(d) COORDINATION WITH OTHER AGENCIES.—To 

11 the maximum extent feasible, each maritime safety and 

12 security team and maritime security response team shall 

13 coordinate its activities with other Federal, State, and 

14 local law enforcement and emergency response agencies.’’. 

15 SEC. 708. MARITIME SAFETY AND SECURITY TEAMS. 

16 None of the funds authorized in this Act may be used 

17 to decommission or otherwise reduce the capabilities of a 

18 maritime safety and security team commissioned prior to 

19 the date of enactment of this Act unless the Secretary cer20 tifies in writing to the Committee on Homeland Security 

21 of the House of Representatives and the Committee on 

22 Commerce, Science, and Transportation of the Senate that 

23 such a decommissioning would not diminish the Coast 

24 Guard’s ability to respond in an effective and timely man25 ner to a suspected terrorism or other homeland security 


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1 threat in the port or region where such a maritime safety 

2 and security team is located. 

3 SEC. 709. WATERSIDE SECURITY OF CERTAIN DANGEROUS 

4 CARGO. 

5 (a) NATIONAL STUDY.— 

6 (1) IN GENERAL.—The Secretary of Homeland 

7 Security, acting through the Commandant of the 

8 Coast Guard, shall— 

9 (A) initiate a national study to identify 

10 measures to improve the security of maritime 

11 transportation of certain dangerous cargo; and 

12 (B) coordinate with other Federal agen13 cies, the National Maritime Security Advisory 

14 Committee, and appropriate State and local 

15 government officials through the Area Maritime 

16 Security Committees and other existing coordi17 nating committees, to evaluate the waterside se18 curity of vessels carrying, and waterfront facili19 ties handling, certain dangerous cargo. 

20 (2) MATTERS TO BE INCLUDED.—The study 

21 conducted under this subsection shall include— 

22 (A) an analysis of existing risk assessment 

23 information relating to waterside security gen24 erated by the Coast Guard and Area Maritime 


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1 Security Committees as part of the Maritime 

2 Security Risk Assessment Model; 

3 (B) a review and analysis of appropriate 

4 roles and responsibilities of maritime stake5 holders, including Federal, State, and local law 

6 enforcement and industry security personnel, 

7 responsible for waterside security of vessels car8 rying, and waterfront facilities handling, certain 

9 dangerous cargo, including— 

10 (i) the number of ports in which State 

11 and local law enforcement entities are pro12 viding any services to enforce Coast 

13 Guard-imposed security zones around ves14 sels transiting to, through, or from United 

15 States ports or to conduct security patrols 

16 in United States ports; 

17 (ii) the number of formal agreements 

18 entered into between the Coast Guard and 

19 State and local law enforcement entities to 

20 engage State and local law enforcement en21 tities in the enforcement of Coast Guard22 imposed security zones around vessels 

23 transiting to, through, or from United 

24 States ports or the conduct of port security 

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1 tion of those agreements, and the aid that 

2 State and local entities are engaged to pro3 vide through such agreements; 

4 (iii) the extent to which the Coast 

5 Guard has set national standards for train6 ing, equipment, and resources to ensure 

7 that State and local law enforcement enti8 ties engaged in enforcing Coast Guard-im9 posed security zones around vessels 

10 transiting to, through, or from United 

11 States ports or in conducting port security 

12 patrols in United States ports (or both) 

13 can deter to the maximum extent prac14 ticable a transportation security incident; 

15 (iv) the extent to which the Coast 

16 Guard has assessed the ability of State 

17 and local law enforcement entities to carry 

18 out the security assignments that they 

19 have been engaged to perform, including 

20 their ability to meet any national stand21 ards for training, equipment, and resources 

22 that have been established by the Coast 

23 Guard in order to ensure that those enti24 ties can deter to the maximum extent prac25 ticable a transportation security incident; 


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1 (v) the extent to which State and local 

2 law enforcement entities are able to meet 

3 national standards for training, equipment, 

4 and resources established by the Coast 

5 Guard to ensure that those entities can 

6 deter to the maximum extent practicable a 

7 transportation security incident; 

8 (vi) the differences in law enforcement 

9 authority, and particularly boarding au10 thority, between the Coast Guard and 

11 State and local law enforcement entities, 

12 and the impact that these differences have 

13 on the ability of State and local law en14 forcement entities to provide the same level 

15 of security that the Coast Guard provides 

16 during the enforcement of Coast Guard-im17 posed security zones and the conduct of se18 curity patrols in United States ports; and 

19 (vii) the extent of resource, training, 

20 and equipment differences between State 

21 and local law enforcement entities and the 

22 Coast Guard units engaged in enforcing 

23 Coast Guard-imposed security zones 

24 around vessels transiting to, through, or 


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1 from United States ports or conducting se2 curity patrols in United States ports; 

3 (C) recommendations for risk-based secu4 rity measures to improve waterside security of 

5 vessels carrying, and waterfront facilities han6 dling, certain dangerous cargo; and 

7 (D) identification of security funding alter8 natives, including an analysis of the potential 

9 for cost-sharing by the public and private sec10 tors as well as any challenges associated with 

11 such cost-sharing. 

12 (3) INFORMATION PROTECTION.—In carrying 

13 out the coordination necessary to effectively com14 plete the study, the Commandant shall implement 

15 measures to ensure the protection of any sensitive 

16 security information, proprietary information, or 

17 classified information collected, reviewed, or shared 

18 during collaborative engagement with maritime 

19 stakeholders and other Government entities, except 

20 that nothing in this paragraph shall constitute au21 thority to withhold information from— 

22 (A) the Congress; or 

23 (B) first responders requiring such infor24 mation for the protection of life or property. 


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1 (4) REPORT.—Not later than 12 months after 

2 the date of enactment of this Act, the Secretary, act3 ing through the Commandant, shall submit to the 

4 Committees on Homeland Security and Transpor5 tation and Infrastructure of the House of Represent6 atives and the Committees on Commerce, Science, 

7 and Transportation and Homeland Security and 

8 Governmental Affairs of the Senate a report on the 

9 results of the study under this subsection. 

10 (b) NATIONAL STRATEGY.—Not later than 6 months 

11 after submission of the report required by subsection (a), 

12 the Secretary, acting through the Commandant, shall de13 velop, in conjunction with appropriate Federal agencies, 

14 a national strategy for the waterside security of vessels 

15 carrying, and waterfront facilities handling, certain dan16 gerous cargo. The strategy shall utilize the results of the 

17 study required by subsection (a). 

18 (c) SECURITY OF CERTAIN DANGEROUS CARGO.— 

19 (1) ENFORCEMENT OF SECURITY ZONES.—Con20 sistent with other provisions of Federal law, the 

21 Coast Guard shall coordinate and be responsible for 

22 the enforcement of any Federal security zone estab23 lished by the Coast Guard around a vessel con24 taining certain dangerous cargo. The Coast Guard 

25 shall allocate available resources so as to deter and 


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1 respond to a transportation security incident, to the 

2 maximum extent practicable, and to protect lives or 

3 protect property in danger. 

4 (2) LIMITATION ON RELIANCE ON STATE AND

5 LOCAL GOVERNMENT.—Any security arrangement 

6 approved after the date of enactment of this Act to 

7 assist in the enforcement of any security zone estab8 lished by the Coast Guard around a vessel carrying 

9 a certain dangerous cargo or around a waterfront fa10 cility handling a certain dangerous cargo may not be 

11 based upon the provision of security by a State or 

12 local government unless the Secretary, acting 

13 through the Commandant of the Coast Guard, en14 sures that the waterborne patrols operated as part 

15 of that security arrangement by a State or local gov16 ernment have the training, resources, personnel, and 

17 experience necessary to carry out the security re18 sponsibilities that they have been engaged to per19 form in order, to the maximum extent practicable, to 

20 deter and respond to a transportation security inci21 dent. 

22 (3) DETERMINATION REQUIRED FOR NEW FA23 CILITIES.—The Secretary of Homeland Security, 

24 acting through the Commandant of the Coast 

25 Guard, may not approve a facility security plan 


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1 under section 70103 of title 46, United States Code, 

2 for a new facility the construction of which is begun 

3 after the date of enactment of this Act, that receives 

4 or ships through maritime commerce certain dan5 gerous cargo unless the Secretary determines that 

6 there are sufficient resources available to ensure 

7 compliance with the facility security plan. 

8 (4) RESOURCE DEFICIENCY REPORTING.—The 

9 Secretary, acting through the Commandant of the 

10 Coast Guard, shall provide to the Committees on 

11 Homeland Security and Transportation and Infra12 structure of the House of Representatives and the 

13 Committees on Commerce, Science, and Transpor14 tation and Homeland Security and Governmental 

15 Affairs of the Senate 90 days after the end of each 

16 fiscal year a report indicating— 

17 (A) the number of security zones estab18 lished for certain dangerous cargo shipments; 

19 (B) the number of certain dangerous cargo 

20 shipments provided a waterborne security es21 cort, subdivided by Federal, State, local, or pri22 vate security; and 

23 (C) an assessment as to any additional ves24 sels, personnel, infrastructure, and other re25 sources necessary to provide waterborne escorts 


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1 to those certain dangerous cargo shipments for 

2 which a security zone is established. 

3 (d) DEFINITIONS.—For the purposes of this section, 

4 the follow definitions apply: 

5 (1) CERTAIN DANGEROUS CARGO.—The term 

6 ‘‘certain dangerous cargo’’ means a material, or a 

7 group or class of material, in a particular amount 

8 and form that the Secretary, though the Com9 mandant, determines by regulation poses a signifi10 cant risk of creating a transportation security inci11 dent while being transported in maritime commerce. 

12 (2) AREA MARITIME SECURITY COMMITTEE.— 

13 The term ‘‘Area Maritime Security Committee’’ 

14 means each of those committees responsible for pro15 ducing Area Maritime Transportation Security Plans 

16 under chapter 701 of title 46, United States Code. 

17 (3) TRANSPORTATION SECURITY INCIDENT.— 

18 The term ‘‘transportation security incident’’ has the 

19 same meaning as that term has in section 70101 of 

20 title 46, United States Code. 

21 SEC. 710. COAST GUARD VESSELS AND AIRCRAFT. 

22 (a) AUTHORITY TO FIRE AT OR INTO A VESSEL.— 

23 Section 637(c) of title 14, United States Code, is amend24 ed— 


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1 (1) in paragraph (1), by striking ‘‘; or’’ and in2 serting a semicolon; 

3 (2) in paragraph (2), by striking the period at 

4 the end and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(3) any other vessel or aircraft on government 

7 noncommercial service when— 

8 ‘‘(A) the vessel or aircraft is under the tac9 tical control of the Coast Guard; and 

10 ‘‘(B) at least one member of the Coast 

11 Guard is assigned and conducting a Coast 

12 Guard mission on the vessel or aircraft.’’. 

13 (b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS

14 AND PENNANTS.—Section 638(a) of title 14, United 

15 States Code, is amended by striking ‘‘Coast Guard vessels 

16 and aircraft’’ and inserting ‘‘Vessels and aircraft author17 ized by the Secretary’’. 

18 SEC. 711. LASER TRAINING SYSTEM. 

19 (a) IN GENERAL.—Within one year after the date of 

20 enactment of this Act, the Secretary shall test an inte21 grated laser engagement system for the training of mem22 bers of the Coast Guard assigned to small vessels in the 

23 use of individual weapons and machine guns on those ves24 sels. The test shall be conducted on vessels on the Great 

25 Lakes using similar laser equipment used by other Federal 


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1 agencies. However, that equipment shall be adapted for 

2 use in the marine environment. 

3 (b) REPORT.—The Secretary shall submit a report to 

4 the Committee on Transportation and Infrastructure and 

5 the Committee on Homeland Security of the House of 

6 Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate within 6 

8 months after the conclusions of the test required under 

9 subsection (a) on the costs and benefits of using the sys10 tem regionally and nationwide to train members of the 

11 Coast Guard in the use of individual weapons and machine 

12 guns. 

13 SEC. 712. COAST GUARD DETECTION CANINE TEAM PRO14 GRAM EXPANSION. 

15 (a) DEFINITIONS.—For purposes of this section: 

16 (1) CANINE DETECTION TEAM.—The term ‘‘de17 tection canine team’’ means a canine and a canine 

18 handler that are trained to detect narcotics or explo19 sives, or other threats as defined by the Secretary. 

20 (2) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Homeland Security. 

22 (b) DETECTION CANINE TEAMS.— 

23 (1) INCREASED CAPACITY.—Not later than 240 

24 days after the date of enactment of this Act, the 

25 Secretary shall— 


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1 (A) begin to increase the number of detec2 tion canine teams certified by the Coast Guard 

3 for the purposes of maritime-related security by 

4 no fewer than 10 canine teams annually 

5 through fiscal year 2013; and 

6 (B) encourage owners and operators of 

7 port facilities, passenger cruise liners, ocean8 going cargo vessels, and other vessels identified 

9 by the Secretary to strengthen security through 

10 the use of highly trained detection canine 

11 teams. 

12 (2) CANINE PROCUREMENT.—The Secretary, 

13 acting through the Commandant of the Coast 

14 Guard, shall— 

15 (A) procure detection canine teams as effi16 ciently as possible, including, to the greatest ex17 tent possible, through increased domestic breed18 ing, while meeting the performance needs and 

19 criteria established by the Commandant; 

20 (B) support expansion and upgrading of 

21 existing canine training facilities operated by 

22 the Department of Homeland Security; and 

23 (C) as appropriate, partner with other 

24 Federal, State, or local agencies, nonprofit or25 ganizations, universities, or the private sector to 


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1 increase the breeding and training capacity for 

2 Coast Guard canine detection teams. 

3 (c) DEPLOYMENT.—The Secretary shall prioritize de4 ployment of the additional canine teams to ports based 

5 on risk, consistent with the Security and Accountability 

6 For Every Port Act of 2006 (Public Law 109–347). 

7 SEC. 713. MARITIME BIOMETRIC IDENTIFICATION. 

8 (a) IN GENERAL.—Within one year after the date of 

9 the enactment of this Act, the Secretary of Homeland Se10 curity, acting through the Commandant of the Coast 

11 Guard, shall conduct, in the maritime environment, a pro12 gram for the mobile biometric identification of suspected 

13 individuals, including terrorists, to enhance border secu14 rity and for other purposes. 

15 (b) REQUIREMENTS.—The Secretary shall ensure the 

16 program required in this section is coordinated with other 

17 biometric identification programs within the Department 

18 of Homeland Security. 

19 (c) COST ANALYSIS.—Within 90 days after the date 

20 of the enactment of this Act, the Secretary shall submit 

21 to the Committees on Appropriations and Homeland Secu22 rity of the House of Representatives and the Committees 

23 on Appropriations and Homeland Security and Govern24 mental Affairs of the Senate an analysis of the cost of 

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1 pabilities for use by the Coast Guards Deployable Oper2 ations Group, cutters, stations, and other deployable mari3 time teams considered appropriate by the Secretary, and 

4 any other appropriate Department of Homeland Security 

5 maritime vessels and units. The analysis may include a 

6 tiered plan for the deployment of this program that gives 

7 priority to vessels and units more likely to encounter indi8 viduals suspected of making illegal border crossings 

9 through the maritime environment. 

10 (d) DEFINITION.—For the purposes of this section, 

11 the term ‘‘biometric identification’’ means use of finger12 print and digital photography images and facial and iris 

13 scan technology. 

14 (e) STUDY ON COMBINATION OF FACIAL AND IRIS

15 RECOGNITION.— 

16 (1) STUDY REQUIRED.—The Secretary of 

17 Homeland Security shall carry out a study on the 

18 use by the Coast Guard of the combination of facial 

19 and iris recognition to rapidly identify individuals 

20 for security purposes. Such study shall focus on— 

21 (A) increased accuracy of facial recogni22 tion; 

23 (B) enhancement of existing iris recogni24 tion technology; and 


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1 (C) establishment of integrated face and 

2 iris features for accurate identification of indi3 viduals. 

4 (2) PURPOSE OF STUDY.—The purpose of the 

5 study required by paragraph (1) is to facilitate the 

6 use of a combination of facial and iris recognition to 

7 provide a higher probability of success in identifica8 tion than either approach on its own and to achieve 

9 transformational advances in the flexibility, authen10 ticity, and overall capability of integrated biometric 

11 detectors and satisfy one of major issues with war 

12 against terrorists. The operational goal of the study 

13 should be to provide the capability to nonintrusively 

14 collect biometrics (face image, iris) in an accurate 

15 and expeditious manner to assist the Coast Guard in 

16 fulfilling its mission to protect and support national 

17 security. 

18 SEC. 714. REVIEW OF POTENTIAL THREATS. 

19 Not later than 1 year after the date of enactment 

20 of this Act, the Secretary of Homeland Security shall sub21 mit to the Committee on Homeland Security and the Com22 mittee on Transportation and Infrastructure of the House 

23 of Representatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate a report ana25 lyzing the threat, vulnerability, and consequence of a terVerDate Mar 15 2010 04:16 Jun 26, 2010 Jkt 089200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\H5590.IH H5590

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1 rorist attack on gasoline and chemical cargo shipments in 

2 port activity areas in the United States. 

3 SEC. 715. PORT SECURITY PILOT. 

4 The Secretary of Homeland Security shall establish 

5 a pilot program to test and deploy preventive radiological 

6 or nuclear detection equipment on Coast Guard vessels 

7 and other locations in select port regions to enhance bor8 der security and for other purposes. The pilot program 

9 shall leverage existing Federal grant funding to support 

10 this program and the procurement of additional equip11 ment. 

12 SEC. 716. SEASONAL WORKERS. 

13 (a) STUDY.—The Comptroller General of the United 

14 States shall conduct a study on the effects that the Trans15 portation Worker Identification Credential (in this section 

16 referred to as ‘‘TWIC’’) required by section 70105 of title 

17 46, United States Code, has on companies that employ 

18 seasonal employees. 

19 (b) REPORT.—Not later than one year after the date 

20 of enactment of this Act, the Comptroller General shall 

21 submit a report to the Committee on Homeland Security 

22 and the Committee on Transportation and Infrastructure 

23 of the House of Representatives and the Committee on 

24 Commerce, Science, and Transportation of the Senate on 

25 the results of the study, including— 


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1 (1) costs associated in requiring seasonal em2 ployees to obtain TWIC cards on companies; 

3 (2) whether the Coast Guard and Transpor4 tation Security Administration are processing TWIC 

5 applications quickly enough for seasonal workers to 

6 obtain TWIC certification; 

7 (3) whether TWIC compliance costs or other 

8 factors have led to a reduction in service; 

9 (4) the impact of TWIC on the recruiting and 

10 hiring of seasonal and other temporary employees; 

11 and 

12 (5) an assessment of possible alternatives to 

13 TWIC certification that may be used for seasonal 

14 employees including any security vulnerabilities cre15 ated by those alternatives. 

16 SEC. 717. PILOT PROGRAM FOR FINGERPRINTING OF MARI17 TIME WORKERS. 

18 (a) IN GENERAL.—Within 180 days after the date 

19 of enactment of this Act, the Secretary of Homeland Secu20 rity shall establish procedures providing for an individual 

21 who is required to be fingerprinted for purposes of obtain22 ing a transportation security card under section 70105 of 

23 title 46, United States Code, to be fingerprinted at any 

24 facility operated by or under contract with an agency of 


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1 the Department of Homeland Security that fingerprints 

2 the public for the Department. 

3 (b) EXPIRATION.—This section expires on December 

4 31, 2012. 

5 SEC. 718. TRANSPORTATION SECURITY CARDS ON VESSELS. 

6 Section 70105(b)(2) of title 46, United States Code, 

7 is amended— 

8 (1) in subparagraph (B), by inserting after 

9 ‘‘title’’ the following: ‘‘allowed unescorted access to 

10 a secure area designated in a vessel security plan ap11 proved under section 70103 of this title’’; and 

12 (2) in subparagraph (D), by inserting after 

13 ‘‘tank vessel’’ the following: ‘‘allowed unescorted ac14 cess to a secure area designated in a vessel security 

15 plan approved under section 70103 of this title’’. 

16 SEC. 719. INTERNATIONAL LABOR STUDY. 

17 The Comptroller General of the United States shall 

18 conduct a study of methods to conduct a background secu19 rity investigation of an individual who possesses a biomet20 ric identification card that complies with International 

21 Labor Convention number 185 that are equivalent to the 

22 investigation conducted on individuals applying for a visa 

23 to enter the United States. The Comptroller General shall 

24 submit a report on the study within 180 days after the 

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1 portation and Infrastructure and the Committee on 

2 Homeland Security of the House of Representatives and 

3 the Committee on Commerce, Science, and Transportation 

4 of the Senate. 

5 SEC. 720. MARITIME SECURITY ADVISORY COMMITTEES. 

6 Section 70112 of title 46, United States Code, is 

7 amended— 

8 (1) by amending subsection (b)(5) to read as 

9 follows: 

10 ‘‘(5)(A) The National Maritime Security Advisory 

11 Committee shall be composed of— 

12 ‘‘(i) at least 1 individual who represents the in13 terests of the port authorities; 

14 ‘‘(ii) at least 1 individual who represents the in15 terests of the facilities owners or operators; 

16 ‘‘(iii) at least 1 individual who represents the 

17 interests of the terminal owners or operators; 

18 ‘‘(iv) at least 1 individual who represents the 

19 interests of the vessel owners or operators; 

20 ‘‘(v) at least 1 individual who represents the in21 terests of the maritime labor organizations; 

22 ‘‘(vi) at least 1 individual who represents the 

23 interests of the academic community; 

24 ‘‘(vii) at least 1 individual who represents the 

25 interests of State or local governments; and 


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1 ‘‘(viii) at least 1 individual who represents the 

2 interests of the maritime industry. 

3 ‘‘(B) Each Area Maritime Security Advisory Com4 mittee shall be composed of individuals who represents the 

5 interests of the port industry, terminal operators, port 

6 labor organizations, and other users of the port areas.’’; 

7 and 

8 (2) in subsection (g)— 

9 (A) in paragraph (1)(A), by striking 

10 ‘‘2008;’’ and inserting ‘‘2010;’’; 

11 (B) by repealing paragraph (2); 

12 (C) by striking ‘‘(1)’’; and 

13 (D) by redesignating subparagraphs (A) 

14 and (B) as paragraphs (1) and (2). 

15 SEC. 721. SEAMEN’S SHORESIDE ACCESS. 

16 Each facility security plan approved under section 

17 70103(c) of title 46, United States Code, shall provide a 

18 system for seamen assigned to a vessel at that facility, 

19 pilots, and representatives of seamen’s welfare and labor 

20 organizations to board and depart the vessel through the 

21 facility in a timely manner at no cost to the individual. 

22 SEC. 722. USE OF FORCE AGAINST PIRACY. 

23 (a) IN GENERAL.—Chapter 81 of title 46, United 

24 States Code, is amended by adding at the end the fol25 lowing new section: 


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1 ‘‘§ 8107. Use of force against piracy 

2 ‘‘A person who uses force at sea to defend a vessel 

3 against an act of piracy shall not be liable for monetary 

4 damages in any action brought with respect to harm 

5 caused by such use of force to anyone engaging in such 

6 act of piracy, unless the person using such force knew at 

7 the time that it was substantially in excess of what was 

8 reasonable in defending the vessel against such act of pi9 racy.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis at the be11 ginning of such chapter is amended by adding at the end 

12 the following new item: 

‘‘8107. Use of force against piracy.’’. 

13 SEC. 723. AGREEMENTS. 

14 To carry out the purpose of this title, the Secretary 

15 shall work through the International Maritime Organiza16 tion to establish agreements to promote coordinated action 

17 among flag- and port-states to deter, protect against, and 

18 rapidly respond to acts of piracy against the vessels of, 

19 and in the waters under the jurisdiction of, those nations, 

20 and to ensure limitations on liability similar to those es21 tablished by section 8107 of title 46, United States Code, 

22 as amended by this title. 


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1 SEC. 724. RISK-BASED CARGO SECURITY PROGRAM. 

2 (a) IN GENERAL.—Section 1701 of the Implementing 

3 Recommendations of the 9/11 Commission Act of 2007 

4 (Public Law 110–53) is amended by— 

5 (1) striking section 1701(b)(2); 

6 (2) striking ‘‘under (2)(B)’’ in section 

7 1701(b)(3); and 

8 (3) striking ‘‘specified in paragraph (2)(A) or 

9 (2)(B)’’ in section 1701(b)(4). 

10 (b) RISK-BASED SCANNING.—The Secretary shall ex11 pand the Container Security Initiative program estab12 lished in section 205 of the SAFE Port Act (Public Law 

13 109–347) to not less than five additional foreign ports not 

14 later than December 31, 2012. 

15 Subtitle B—Alien Smuggling and 

16 Terrorism Prevention 

17 SEC. 731. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘Alien Smuggling 

19 and Terrorism Prevention Act of 2010’’. 

20 SEC. 732. FINDINGS. 

21 The Congress makes the following findings: 

22 (1) Alien smuggling by land, air and sea is a 

23 transnational crime that violates the integrity of 

24 United States borders, compromises our Nation’s 

25 sovereignty, places the country at risk of terrorist 

26 activity, and contravenes the rule of law. 


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1 (2) Aggressive enforcement activity against 

2 alien smuggling is needed to protect our borders and 

3 ensure the security of our Nation. The border secu4 rity and anti-smuggling efforts of the men and 

5 women on the Nation’s front line of defense are to 

6 be commended. Special recognition is due the De7 partment of Homeland Security through the United 

8 States Border Patrol, Coast Guard, Customs and 

9 Border Protection, and Immigration and Customs 

10 Enforcement, and the Department of Justice 

11 through the Federal Bureau of Investigation. 

12 (3) The law enforcement community must be 

13 given the statutory tools necessary to address this 

14 security threat. Only through effective alien smug15 gling statutes can the Justice Department, through 

16 the United States Attorneys’ Offices and the Domes17 tic Security Section of the Criminal Division, pros18 ecute these cases successfully. 

19 (4) Alien smuggling has a destabilizing effect 

20 on border communities. State and local law enforce21 ment, medical personnel, social service providers, 

22 and the faith community play important roles in 

23 combating smuggling and responding to its effects. 


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1 (5) Existing penalties for alien smuggling are 

2 insufficient to provide appropriate punishment for 

3 alien smugglers. 

4 (6) Existing alien smuggling laws often fail to 

5 reach the conduct of alien smugglers, transporters, 

6 recruiters, guides, and boat captains. 

7 (7) Existing laws concerning failure to heave to 

8 are insufficient to appropriately punish boat opera9 tors and crew who engage in the reckless transpor10 tation of aliens on the high seas and seek to evade 

11 capture. 

12 (8) Much of the conduct in alien smuggling 

13 rings occurs outside of the United States. Extrater14 ritorial jurisdiction is needed to ensure that smug15 gling rings can be brought to justice for recruiting, 

16 sending, and facilitating the movement of those who 

17 seek to enter the United States without lawful au18 thority. 

19 (9) Alien smuggling can include unsafe or reck20 lessly dangerous conditions that expose individuals 

21 to particularly high risk of injury or death. 

22 SEC. 733. CHECKS AGAINST TERRORIST WATCHLIST. 

23 The Secretary of Homeland Security shall, to the ex24 tent practicable, check against all available terrorist 

25 watchlists those persons suspected of alien smuggling and 


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1 smuggled individuals who are interdicted at the land, air, 

2 and sea borders of the United States. 

3 SEC. 734. STRENGTHENING PROSECUTION AND PUNISH4 MENT OF ALIEN SMUGGLERS. 

5 Section 274(a) of the Immigration and Nationality 

6 Act (8 U.S.C. 1324(a)) is amended— 

7 (1) by amending the subsection heading to read 

8 as follows: ‘‘BRINGING IN, HARBORING, AND SMUG9 GLING OF UNLAWFUL AND TERRORIST ALIENS.—’’; 

10 and 

11 (2) by amending paragraphs (1) through (2) to 

12 read as follows: 

13 ‘‘(1)(A) Whoever, knowing or in reckless disregard of 

14 the fact that an individual is an alien who lacks lawful 

15 authority to come to, enter, or reside in the United States, 

16 knowingly— 

17 ‘‘(i) brings that individual to the United States 

18 in any manner whatsoever regardless of any future 

19 official action which may be taken with respect to 

20 such individual; 

21 ‘‘(ii) recruits, encourages, or induces that indi22 vidual to come to, enter, or reside in the United 

23 States; 


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1 ‘‘(iii) transports or moves that individual in the 

2 United States, in furtherance of their unlawful pres3 ence; or 

4 ‘‘(iv) harbors, conceals, or shields from detec5 tion the individual in any place in the United States, 

6 including any building or any means of transpor7 tation; 

8 or attempts or conspires to do so, shall be punished as 

9 provided in subparagraph (C). 

10 ‘‘(B) Whoever, knowing that an individual is an alien, 

11 brings that individual to the United States in any manner 

12 whatsoever at a place, other than a designated port of 

13 entry or place designated by the Secretary of Homeland 

14 Security, regardless of whether such individual has re15 ceived prior official authorization to come to, enter, or re16 side in the United States and regardless of any future offi17 cial action which may be taken with respect to such indi18 vidual, or attempts or conspires to do so, shall be punished 

19 as provided in subparagraph (C). 

20 ‘‘(C) Whoever commits an offense under this para21 graph shall, for each individual in respect to whom such 

22 a violation occurs— 

23 ‘‘(i) if the offense results in the death of any 

24 person, be fined under title 18, United States Code, 


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1 and subject to the penalty of death or imprisonment 

2 for any term of years or for life; 

3 ‘‘(ii) if the offense involves kidnaping, an at4 tempt to kidnap, the conduct required for aggra5 vated sexual abuse (as defined in section 2241 of 

6 title 18, United States Code, without regard to 

7 where it takes place), or an attempt to commit such 

8 abuse, or an attempt to kill, be fined under title 18, 

9 United States Code, or imprisoned for any term of 

10 years or life, or both; 

11 ‘‘(iii) if the offense involves an individual who 

12 the defendant knew was engaged in or intended to 

13 engage in terrorist activity (as defined in section 

14 212(a)(3)(B)), be fined under title 18, United States 

15 Code, or imprisoned not more than 30 years, or 

16 both; 

17 ‘‘(iv) if the offense results in serious bodily in18 jury (as defined in section 1365 of title 18, United 

19 States Code) or places in jeopardy the life of any 

20 person, be fined under title 18, United States Code, 

21 or imprisoned not more than 20 years, or both; 

22 ‘‘(v) if the offense is a violation of paragraph 

23 (1)(A)(i) and was committed for the purpose of prof24 it, commercial advantage, or private financial gain, 

25 or if the offense was committed with the intent or 


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1 reason to believe that the individual unlawfully 

2 brought into the United States will commit an of3 fense against the United States or any State that is 

4 punishable by imprisonment for more than 1 year, 

5 be fined under title 18, United States Code, and im6 prisoned, in the case of a first or second violation, 

7 not less than 3 nor more than 10 years, and for any 

8 other violation, not less than 5 nor more than 15 

9 years; 

10 ‘‘(vi) if the offense is a violation of paragraph 

11 (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and 

12 was committed for the purpose of profit, commercial 

13 advantage, or private financial gain, be fined under 

14 title 18, United States Code, or imprisoned not more 

15 than 10 years, or both; 

16 ‘‘(vii) if the offense involves the transit of the 

17 defendant’s spouse, child, sibling, parent, grand18 parent, or niece or nephew, and the offense is not 

19 described in any of clauses (i) through (vi), be fined 

20 under title 18, United States Code, or imprisoned 

21 not more than 1 year, or both; and 

22 ‘‘(viii) in any other case, be fined under title 

23 18, United States Code, or imprisoned not more 

24 than 5 years, or both. 


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1 ‘‘(2)(A) There is extraterritorial jurisdiction over the 

2 offenses described in paragraph (1). 

3 ‘‘(B) In a prosecution for a violation of, or an attempt 

4 or conspiracy to violate, subsection (a)(1)(A)(i), 

5 (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, 

6 no defense based on necessity can be raised unless the de7 fendant— 

8 ‘‘(i) as soon as practicable, reported to the 

9 Coast Guard the circumstances of the necessity, and 

10 if a rescue is claimed, the name, description, registry 

11 number, and location of the vessel engaging in the 

12 rescue; and 

13 ‘‘(ii) did not bring, attempt to bring, or in any 

14 manner intentionally facilitate the entry of any alien 

15 into the land territory of the United States without 

16 lawful authority, unless exigent circumstances ex17 isted that placed the life of that alien in danger, in 

18 which case the reporting requirement set forth in 

19 clause (i) is satisfied by notifying the Coast Guard 

20 as soon as practicable after delivering the alien to 

21 emergency medical or law enforcement personnel 

22 ashore. 

23 ‘‘(C) It is not a violation of, or an attempt or con24 spiracy to violate, clause (iii) or (iv) of paragraph (1)(A), 

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1 courages, or induces an alien to come to or enter the 

2 United States), for a religious denomination having a bona 

3 fide nonprofit, religious organization in the United States, 

4 or the agents or officer of such denomination or organiza5 tion, to encourage, invite, call, allow, or enable an alien 

6 who is present in the United States to perform the voca7 tion of a minister or missionary for the denomination or 

8 organization in the United States as a volunteer who is 

9 not compensated as an employee, notwithstanding the pro10 vision of room, board, travel, medical assistance, and other 

11 basic living expenses, provided the minister or missionary 

12 has been a member of the denomination for at least one 

13 year. 

14 ‘‘(D) For purposes of this paragraph and paragraph 

15 (1)— 

16 ‘‘(i) the term ‘United States’ means the several 

17 States, the District of Columbia, the Commonwealth 

18 of Puerto Rico, Guam, American Samoa, the United 

19 States Virgin Islands, the Commonwealth of the 

20 Northern Mariana Islands, and any other territory 

21 or possession of the United States; and 

22 ‘‘(ii) the term ‘lawful authority’ means permis23 sion, authorization, or waiver that is expressly pro24 vided for in the immigration laws of the United 

25 States or the regulations prescribed under those 


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1 laws and does not include any such authority se2 cured by fraud or otherwise obtained in violation of 

3 law or authority that has been sought but not ap4 proved.’’. 

5 SEC. 735. MARITIME LAW ENFORCEMENT. 

6 (a) PENALTIES.—Subsection (b) of section 2237 of 

7 title 18, United States Code, is amended to read as fol8 lows: 

9 ‘‘(b) Whoever intentionally violates this section 

10 shall— 

11 ‘‘(1) if the offense results in death or involves 

12 kidnaping, an attempt to kidnap, the conduct re13 quired for aggravated sexual abuse (as defined in 

14 section 2241 without regard to where it takes place), 

15 or an attempt to commit such abuse, or an attempt 

16 to kill, be fined under such title or imprisoned for 

17 any term of years or life, or both; 

18 ‘‘(2) if the offense results in serious bodily in19 jury (as defined in section 1365 of this title) or 

20 transportation under inhumane conditions, be fined 

21 under this title, imprisoned not more than 15 years, 

22 or both; 

23 ‘‘(3) if the offense is committed in the course 

24 of a violation of section 274 of the Immigration and 

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1 age, slavery, and trafficking in persons), section 111 

2 (shipping), 111A (interference with vessels), 113 

3 (stolen property), or 117 (transportation for illegal 

4 sexual activity) of this title; chapter 705 (maritime 

5 drug law enforcement) of title 46, or title II of the 

6 Act of June 15, 1917 (Chapter 30; 40 Stat. 220), 

7 be fined under this title or imprisoned for not more 

8 than 10 years, or both; and 

9 ‘‘(4) in any other case, be fined under this title 

10 or imprisoned for not more than 5 years, or both.’’. 

11 (b) LIMITATION ON NECESSITY DEFENSE.—Section 

12 2237(c) of title 18, United States Code, is amended— 

13 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(2) In a prosecution for a violation of this section, 

16 no defense based on necessity can be raised unless the de17 fendant— 

18 ‘‘(A) as soon as practicable upon reaching 

19 shore, delivered the person with respect to which the 

20 necessity arose to emergency medical or law enforce21 ment personnel; 

22 ‘‘(B) as soon as practicable, reported to the 

23 Coast Guard the circumstances of the necessity re24 sulting giving rise to the defense; and 


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1 ‘‘(C) did not bring, attempt to bring, or in any 

2 manner intentionally facilitate the entry of any alien, 

3 as that term is defined in section 101(a)(3) of the 

4 Immigration and Nationality Act (8 U.S.C. 1101 

5 (a)(3)), into the land territory of the United States 

6 without lawful authority, unless exigent circum7 stances existed that placed the life of that alien in 

8 danger, in which case the reporting requirement of 

9 subparagraph (B) is satisfied by notifying the Coast 

10 Guard as soon as practicable after delivering that 

11 person to emergency medical or law enforcement 

12 personnel ashore.’’. 

13 (c) DEFINITION.—Section 2237(e) of title 18, United 

14 States Code, is amended— 

15 (1) by striking ‘‘and’’ at the end of paragraph 

16 (3); 

17 (2) by striking the period at the end of para18 graph (4) and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(5) the term ‘transportation under inhumane 

21 conditions’ means the transportation of persons in 

22 an engine compartment, storage compartment, or 

23 other confined space, transportation at an excessive 

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1 tation, or intentionally grounding a vessel in which 

2 persons are being transported.’’. 

3 SEC. 736. AMENDMENT TO THE SENTENCING GUIDELINES. 

4 (a) IN GENERAL.—Pursuant to its authority under 

5 section 994 of title 28, United States Code, and in accord6 ance with this section, the United States Sentencing Com7 mission shall review and, if appropriate, amend the sen8 tencing guidelines and policy statements applicable to per9 sons convicted of alien smuggling offenses and criminal 

10 failure to heave to or obstruction of boarding. 

11 (b) CONSIDERATIONS.—In carrying out this section, 

12 the Sentencing Commission, shall— 

13 (1) consider providing sentencing enhancements 

14 or stiffening existing enhancements for those con15 victed of offenses described in subsection (a) that— 

16 (A) involve a pattern of continued and fla17 grant violations; 

18 (B) are part of an ongoing commercial or19 ganization or enterprise; 

20 (C) involve aliens who were transported in 

21 groups of 10 or more; 

22 (D) involve the transportation or abandon23 ment of aliens in a manner that endangered 

24 their lives; or 


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1 (E) involve the facilitation of terrorist ac2 tivity; and 

3 (2) consider cross-references to the guidelines 

4 for Criminal Sexual Abuse and Attempted Murder. 

5 (c) EXPEDITED PROCEDURES.—The Commission 

6 may promulgate the guidelines or amendments under this 

7 section in accordance with the procedures set forth in sec8 tion 21(a) of the Sentencing Act of 1987, as though the 

9 authority under that Act had not expired. 

10 TITLE VIII—INFRASTRUCTURE 

11 PROTECTION AND CYBERSE12 CURITY 

13 Subtitle A—Federal Protective 

14 Service 

15 SEC. 801. AUTHORIZATION OF APPROPRIATIONS FOR FED16 ERAL PROTECTIVE SERVICE. 

17 (a) IN GENERAL.—Of the amount authorized in sec18 tion 201, there is authorized to be appropriated to the Di19 rector of the Federal Protective Service $246,000,000 for 

20 fiscal year 2011 to carry out Federal Protective Service 

21 counterterrorism functions, including— 

22 (1) law enforcement on federally controlled 

23 property; 

24 (2) incident investigations; 

25 (3) suspect capture and detention; 


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1 (4) 24-hour security alarm monitoring; 

2 (5) nationwide dispatch services; 

3 (6) facility security assessments; and 

4 (7) terrorism prevention. 

5 (b) SUFFICIENT FUNDING TO EFFECTIVELY DOU6 BLE THE SIZE OF THE FEDERAL PROTECTIVE SERVICE

7 INSPECTOR FORCE.—In addition to amounts authorized 

8 under subsection (a), the Federal Protective Service is au9 thorized 1,200 full-time equivalent positions in the Fed10 eral Protective Service inspector force that monitor per11 formance of security personnel services procured by con12 tract. 

13 SEC. 802. FEDERAL PROTECTIVE SERVICE AUTHORITY TO 

14 CARRY OUT BASIC SECURITY FUNCTIONS. 

15 (a) IN GENERAL.—Section 1315(a) of title 40, 

16 United States Code, is amended by— 

17 (1) striking ‘‘(a) IN GENERAL.—’’ and insert18 ing the following: 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) PROTECTION OF FEDERAL PROPERTY.—’’; 

21 and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) AUTHORITY OVER GSA PROPERTIES.—The 

25 Secretary, acting through the Federal Protective 


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1 Service, shall have the lead authority in the execu2 tive branch to carry out counterterrorism functions 

3 on Federal property managed by the General Serv4 ices Administration (including property leased by the 

5 General Services Administration), including— 

6 ‘‘(A) law enforcement on federally con7 trolled property; 

8 ‘‘(B) incident investigations; 

9 ‘‘(C) suspect capture and detention; 

10 ‘‘(D) 24-hour security alarm monitoring; 

11 ‘‘(E) nationwide dispatch services; 

12 ‘‘(F) facility security assessments; and 

13 ‘‘(G) terrorism prevention. 

14 ‘‘(3) AGREEMENTS WITH OTHER LAW EN15 FORCEMENT AUTHORITIES.—Nothing in this sub16 section shall preempt the Federal Protective Service 

17 from entering into agreements with other Federal, 

18 State, or local law enforcement authorities to provide 

19 security or respond to incidents on property that is 

20 under the jurisdiction and control of the Adminis21 trator of General Services.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) Section 1315(g) of title 40, United States 

24 Code, is amended by striking ‘‘Nothing’’ and insert25 ing ‘‘Subject to subsection (a)(2), nothing’’. 


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1 (2) Section 1706(b)(2) of the Homeland Secu2 rity Act of 2002 (40 U.S.C. 1315 note) is amended 

3 by striking ‘‘The Secretary’’ and inserting ‘‘Subject 

4 to subsection (a)(2), the Secretary’’. 

5 SEC. 803. STRATEGIC PLAN REQUIREMENT. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of enactment of this Act, the Secretary of Homeland 

8 Security shall submit to Congress a 5-year budget outlook 

9 and strategic plan for the Federal Protective Service that 

10 includes the following: 

11 (1) Estimates of staffing and associated costs 

12 the Federal Protective Service requires in order to 

13 provide basic security functions. 

14 (2) Estimates of staffing and associated costs 

15 the Federal Protective Service requires in order to 

16 assess the need for and, as appropriate, provide 

17 building specific security countermeasures. 

18 (3) Estimates of staffing and associated costs 

19 the Federal Protective Service requires for reimburs20 able agency-specific security work authorization 

21 functions. 

22 (4) Reviews of the performance of contractor23 provided security guards that assesses both quality 

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1 nies performing Federal Protective Service guard 

2 functions under contract. 

3 (b) UPDATES.—The Secretary shall include an an4 nual update of such plan with the President’s annual 

5 budget submission to the Congress. 

6 SEC. 804. FACILITY SECURITY RISK ASSESSMENTS. 

7 (a) IN GENERAL.—The Secretary of Homeland Secu8 rity, acting through the Director of Federal Protective 

9 Service, shall— 

10 (1) conduct facility security assessments in con11 sultation with the facility security committee estab12 lished for a facility; 

13 (2) prepare a report on each assessment, in14 cluding recommendations of countermeasures 

15 against a terrorist attack to ensure the security of 

16 the facility concerned; and 

17 (3) give the facility security committee estab18 lished for such a facility a 60-day period to review 

19 and comment on each report. 

20 (b) SELECTION OF RECOMMENDATIONS FOR IMPLE21 MENTATION.— 

22 (1) SELECTION BY GSA.—Upon the completion 

23 of the period for review and comment under sub24 section (a)(3)— 


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1 (A) the Director shall submit the assess2 ment report to the Administrator of General 

3 Services; and 

4 (B) the Administrator may select for im5 plementation any of the recommendations of 

6 countermeasures in the report for implementa7 tion. 

8 (2) NOTIFICATION OF NONSELECTION.—If the 

9 Administrator determines that any of the rec10 ommendations of countermeasures in a report sub11 mitted under paragraph (1) should not be imple12 mented for a facility, the Administrator shall notify 

13 the head of each Federal agency in the facility and 

14 the facility security committee for the facility that 

15 the recommendation will not be implemented, includ16 ing the reasons why. 

17 (3) SELECTION BY FACILITY SECURITY COM18 MITTEE.—If a facility security committee receives 

19 notice under paragraph (2) regarding any rec20 ommendations, it may select any of the rec21 ommendations for implementation. 

22 (c) REIMBURSEMENT.—If any of the recommenda23 tions in a report submitted under subsection (a) is selected 

24 by the Administrator or a facility security committee 

25 under subsection (c) for implementation— 


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1 (1) the Director shall implement the rec2 ommendation; 

3 (2) the Administrator shall allocate to the Fed4 eral agencies in that facility the costs incurred by 

5 the Federal Protective Service for such implementa6 tion; and 

7 (3) each such agency shall reimburse the Fed8 eral Protective Service for the costs allocated to the 

9 agency by the Administrator. 

10 (d) ANNUAL REPORT.—The Director shall submit an 

11 annual report to Congress on the disposition of rec12 ommendations included in reports under this section that 

13 the Administrator did not select for implementation. 

14 (e) FACILITY SECURITY COMMITTEE DEFINED.—In 

15 this section the term ‘‘facility security committee’’ means 

16 a facility security committee established pursuant to the 

17 report entitled ‘‘Vulnerability Assessment of Federal Fa18 cilities’’, issued by the Interagency Security Committee es19 tablished by Executive Order 12977. 

20 SEC. 805. CONTRACT GUARD STAFF. 

21 (a) MINIMUM STANDARDS FOR TRAINING AND AN22 NUAL RECERTIFICATION.—The Secretary of Homeland 

23 Security shall develop minimum standards for training 

24 and annual recertification for the Federal Protective Serv25 ice’s contract guards including— 


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1 (1) minimum fitness standards; 

2 (2) annual recertification on access control poli3 cies and control equipment, including x-ray and 

4 magnetometer training; 

5 (3) training in arrest and control procedures; 

6 (4) training in operation of emergency equip7 ment; 

8 (5) basic first aid and CPR training and certifi9 cation; 

10 (6) weapons training, as applicable; and 

11 (7) behavior detection training. 

12 (b) PILOT PROGRAM.— 

13 (1) IN GENERAL.—Within 1 year after the date 

14 of enactment of this Act, the Director shall establish 

15 a 3-year pilot program in not less than 3 level IV 

16 facilities to test and evaluate— 

17 (A) to what extent efficiencies exist in hav18 ing a federalized guard staff; and 

19 (B) to what extent such a federalized 

20 guard staff provides a measurable improvement 

21 in facility or personnel security. 

22 (2) REPORT.—Not later than 120 days before 

23 the commencement of the program, the Director 

24 shall report to Congress regarding what performance 

25 metrics will be considered in measuring improvement 


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1 in efficiencies and security provided by such a fed2 eralized guard staff. 

3 (3) MONITORING BY GAO.—The Comptroller 

4 General of the United States— 

5 (A) shall monitor and review the conduct 

6 of the pilot program; and 

7 (B) shall submit to Congress and the Sec8 retary of Homeland Security an interim report 

9 6 months after the commencement of the pilot 

10 program, and a final report within 120 days 

11 after the conclusion of the pilot program, that 

12 each addresses whether— 

13 (i) the Secretary has established suffi14 cient mechanisms to determine whether the 

15 pilot program provides efficiencies in pro16 tecting Federal facilities; 

17 (ii) the pilot program consists of an 

18 adequate sample of level IV facilities; and 

19 (iii) there are cost savings and secu20 rity enhancements realized by having a 

21 federalized guard force. 

22 SEC. 806. SITE INSPECTIONS. 

23 (a) RIGHT OF ENTRY.—For purposes of carrying out 

24 this Act, the Secretary of Homeland Security shall have, 

25 on presentation of credentials, a right of entry to, on, or 


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1 through any property for which security is provided by the 

2 Federal Protective Service. 

3 (b) INSPECTIONS AND VERIFICATIONS.— 

4 (1) IN GENERAL.—The Secretary shall, at such 

5 time and place as the Secretary determines to be 

6 reasonable and appropriate, conduct security inspec7 tions and verifications for property for which secu8 rity is provided by the Federal Protective Service. 

9 (2) UNANNOUNCED INSPECTIONS.—In addition 

10 to any inspection conducted pursuant to paragraph 

11 (1), the Secretary shall require such properties to 

12 undergo unannounced security inspections. The in13 spections required under this paragraph shall be— 

14 (A) conducted without prior notice to the 

15 facility; 

16 (B) designed to evaluate undergoing in17 spection— 

18 (i) the ability of the Federal Protec19 tive Service security and contract guards 

20 to prevent an incident that applicable secu21 rity performance standards are intended to 

22 prevent; 

23 (ii) the ability of the Federal Protec24 tive Service security and contract guards 

25 to protect against terrorist threats that are 


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1 required to be addressed by applicable per2 formance standards; and 

3 (iii) any weaknesses in the security 

4 plan of the facility; 

5 (C) conducted so as not to affect the ac6 tual security, physical integrity, or safety of the 

7 property or its employees while the inspection is 

8 conducted; and 

9 (D) conducted at least— 

10 (i) every year in the case of a level IV 

11 facility; 

12 (ii) every 2 years in the case of a level 

13 III facility; 

14 (iii) every 3 years in the case of a 

15 level II facility; and 

16 (iv) every four years in the case of a 

17 level I facility. 

18 (c) REPORT.—The Secretary shall report annually 

19 with the President’s budget submission to Congress on 

20 covert testing strategy and results of unannounced inspec21 tions under this section. 

22 SEC. 807. PROMOTION OF FEDERAL PROTECTIVE SERVICE 

23 TECHNOLOGY AND TRAINING. 

24 (a) IN GENERAL.—Within 6 months of the date of 

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1 tive Service, in consultation with the Assistant Secretary, 

2 Transportation Security Administration, shall publish— 

3 (1) a list of qualified vendors and a list of 

4 qualified products that would promote common 

5 standards of deployment of personnel and tech6 nology; 

7 (2) standards for training personnel, among all 

8 Federal Protective Service protected properties; and 

9 (3) best practices for utilizing items on the 

10 qualified products list so they are utilized in the 

11 most effective manner, including a process to best 

12 utilize existing products currently deployed. 

13 (b) REQUIREMENT TO USE LISTS.— 

14 (1) IN GENERAL.—Following the publication of 

15 the qualified vendors list and the qualified products 

16 list under subsection (a), the Federal Protective 

17 Service may not enter into any contractual arrange18 ment for services or products covered by such lists— 

19 (A) with any person that is not included on 

20 the qualified vendors list; 

21 (B) for procurement of any product that is 

22 not included on the qualified products list; or 

23 (C) under which a subcontract may be 

24 awarded to a person that is not included on the 

25 qualified vendors list. 


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1 (2) LIMITATION ON APPLICATION.— 

2 (A) IN GENERAL.—Paragraph (1) shall not 

3 apply to any contract the Director of the Fed4 eral Protective Service determines to be nec5 essary to carry out the security missions of the 

6 Federal Protective Service. 

7 (B) NOTIFICATION TO CONGRESS.—The 

8 Director shall notify the Committee on Home9 land Security of the House of Representatives 

10 and the Committee on Homeland Security and 

11 Governmental Affairs of the Senate in writing 

12 within 30 days after entering any contract 

13 under this paragraph, setting forth the deter14 mination under subparagraph (A) and the basis 

15 for that determination. 

16 (c) COOPERATIVE AGREEMENT.—Within 6 months 

17 after the date of enactment of this Act, the Secretary of 

18 Homeland Security shall require the Assistant Secretary, 

19 Transportation Security Administration, the Under Sec20 retary for Science and Technology, and the Under Sec21 retary for National Protection and Programs to enter into 

22 a memorandum of understanding, or similar cooperative 

23 agreement, pursuant to which the Transportation Security 

24 Laboratory will provide the Federal Protective Service 

25 with expertise, consultation, exchange of information, and 


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1 testing for technology covered by the qualified vendors list 

2 and the qualified products list required by this section. 

3 SEC. 808. PROHIBITED ITEMS LIST. 

4 (a) IN GENERAL.—Not later than the end of the 180- 

5 day period beginning on the date of enactment of this Act, 

6 the Secretary of Homeland Security, acting through the 

7 Under Secretary of the National Protection and Programs 

8 Directorate and in consultation with the Administrator of 

9 General Services, shall issue and implement a list of items, 

10 including component parts, that are prohibited from being 

11 brought into facilities protected by the Federal Protective 

12 Service, unless specifically authorized on a case-by-case 

13 basis by the Secretary or the Secretary’s designee. 

14 (b) ADDITIONAL ITEMS.—Nothing in this section 

15 prohibits a facility security committee from prohibiting 

16 items that are not included on such list from being 

17 brought into the facility of that committee. 

18 (c) FAILURE TO ISSUE LIST.—If the Secretary of 

19 Homeland Security fails to implement a prohibited items 

20 list in accordance with subsection (a), then the prohibited 

21 items list established by the Transportation Security Ad22 ministration for civilian aviation shall apply for facilities 

23 protected by the Federal Protective Service— 

24 (1) effective upon expiration of the period re25 ferred to in subsection (a); and 


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1 (2) until such time as the Secretary, acting 

2 through the Under Secretary of the National Protec3 tion and Programs Directorate, issues a prohibited 

4 items list described in subsection (a). 

5 (d) FACILITY SECURITY COMMITTEE DEFINED.—In 

6 this section the term ‘‘facility security committee’’ means 

7 a facility security committee established pursuant to the 

8 report entitled ‘‘Vulnerability Assessment of Federal Fa9 cilities’’, issued by the Interagency Security Committee es10 tablished by Executive Order 12977. 

11 SEC. 809. REPORT REQUIREMENT. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of enactment of this Act, the Secretary shall submit 

14 to Congress the following: 

15 (1) A strategy for more effectively managing 

16 the contract guard program of the Federal Protec17 tive Service that ensures there is adequate oversight 

18 and monitoring of training for such program. 

19 (2) A status report on the implementation of 

20 the RAMP program, including an estimated date by 

21 which it will be fully operational. 

22 (3) Estimates of the additional manpower, re23 sources, and funding the Federal Protective Service 

24 would need in order to provide security for high-pro25 file terror trials in multiple or varying locations. 


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1 (4) A status report on the implementation of 

2 the CADIS program, including an estimated date by 

3 which it will be fully operational. 

4 (5) A coordinated strategy for cooperation be5 tween the Under Secretary of the National Protec6 tion and Programs Directorate and the Under Sec7 retary for Science and Technology regarding re8 search, development, and deployment of security 

9 technology conducted by the Transportation Security 

10 Laboratory. 

11 (b) DEFINITIONS.—In this section: 

12 (1) CADIS PROGRAM.—The term ‘‘CADIS pro13 gram’’ means the Computer Aided Dispatch Infor14 mation System of the Federal Protective Service. 

15 (2) RAMP PROGRAM.—The term ‘‘RAMP pro16 gram’’ means the Risk Assessment and Management 

17 Program of the Federal Protective Service. 

18 Subtitle B—Chemical Facility 

19 Security 

20 SEC. 811. EXTENSION OF CHEMICAL FACILITIES 

21 ANTITERRORISM SECURITY PROGRAM. 

22 (a) IN GENERAL.—Section 550(b) of the Department 

23 of Homeland Security Appropriations Act, 2007 (6 U.S.C. 

24 121 note) is amended by striking ‘‘October 4, 2010’’ and 

25 inserting ‘‘October 4, 2015’’. 


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1 (b) CHEMICAL FACILITY SECURITY ENHANCE2 MENTS.— 

3 (1) IN GENERAL.—The Homeland Security Act 

4 of 2002 (6 U.S.C. 101 et seq.) is amended by add5 ing at the end the following: 

6 ‘‘TITLE XXI—CHEMICAL 

7 FACILITY SECURITY 

8 ‘‘SEC. 2101. CHEMICAL SECURITY TRAINING PROGRAM. 

9 ‘‘(a) ESTABLISHMENT.—Acting through the Admin10 istrator of the Federal Emergency Management Agency 

11 and in coordination with the Under Secretary for National 

12 Protection and Programs, the Secretary shall establish a 

13 voluntary chemical security training program (referred to 

14 in this section as the ‘training program’) for the purpose 

15 of enhancing the capabilities of high-risk chemical facili16 ties to prevent, prepare for, respond to, mitigate against, 

17 and recover from threatened or actual acts of terrorism, 

18 natural disasters, and other man-made disasters. 

19 ‘‘(b) REQUIREMENTS.—The training program shall 

20 provide validated voluntary training that— 

21 ‘‘(1) reaches multiple disciplines, including Fed22 eral, State, and local government officials, commer23 cial personnel and management, and governmental 

24 and nongovernmental emergency response providers; 


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1 ‘‘(2) provides training at the awareness, per2 formance, and management and planning levels; 

3 ‘‘(3) uses multiple training mediums and meth4 ods; 

5 ‘‘(4) is coordinated with training provided by 

6 government training facilities, academic institutions, 

7 private organizations, and other entities that provide 

8 specialized, state-of-the-art training for govern9 mental and nongovernmental emergency responder 

10 providers or commercial personnel and management; 

11 ‘‘(5) uses, as appropriate, government training 

12 facilities, courses provided by community colleges, 

13 public safety academies, State and private univer14 sities, and other facilities; 

15 ‘‘(6) is consistent with, and supports implemen16 tation of, the National Incident Management Sys17 tem, the National Response Framework, the Na18 tional Infrastructure Protection Plan, the National 

19 Preparedness Guidelines, the National Preparedness 

20 Goal, the National Maritime Transportation Security 

21 Plan, and other such national initiatives, and any 

22 successors thereto; 

23 ‘‘(7) is evaluated against clear and consistent 

24 performance measures; 


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1 ‘‘(8) addresses security requirements under 

2 chemical facility security plans; and 

3 ‘‘(9) educates, trains, and involves individuals 

4 in neighborhoods around chemical facilities on how 

5 to observe and report security risks. 

6 ‘‘SEC. 2102. CHEMICAL SECURITY EXERCISE PROGRAM. 

7 ‘‘(a) IN GENERAL.—Acting through the Adminis8 trator of the Federal Emergency Management Agency and 

9 in coordination with Under Secretary for National Protec10 tion and Programs, the Secretary shall develop a voluntary 

11 chemical security exercise program (referred to in this sec12 tion as the ‘exercise program’) for the purpose of offering 

13 voluntary testing and evaluation of the capabilities of the 

14 Federal Government, State governments, commercial per15 sonnel and management, governmental and nongovern16 mental emergency response providers, the private sector, 

17 or any other organization or entity, as the Secretary deter18 mines to be appropriate, to prevent, prepare for, mitigate 

19 against, respond to, and recover from acts of terrorism, 

20 natural disasters, and other emergencies at chemical facili21 ties. 

22 ‘‘(b) REQUIREMENTS.—Under the exercise program, 

23 the Secretary shall conduct, on a periodic basis, voluntary 

24 joint security exercises at chemical facilities that are— 


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1 ‘‘(1) scaled and tailored to the needs of each 

2 chemical facility; 

3 ‘‘(2) for the highest risk chemical facilities, as 

4 determined by the Secretary, live training exercises; 

5 ‘‘(3) as realistic as practicable and based on 

6 current risk assessments, including credible threats, 

7 vulnerabilities, and consequences; 

8 ‘‘(4) consistent with the National Incident Man9 agement System, the National Response Framework, 

10 the National Infrastructure Protection Plan, the Na11 tional Preparedness Guidelines, the National Pre12 paredness Goal, the National Maritime Transpor13 tation Security Plan, and other such national initia14 tives, and any successors thereto; 

15 ‘‘(5) evaluated against clear and consistent per16 formance measures; 

17 ‘‘(6) assessed to learn best practices, which 

18 shall be shared with appropriate Federal, State, and 

19 local officials, commercial personnel and manage20 ment, governmental and nongovernmental emergency 

21 response providers, and the private sector; 

22 ‘‘(7) followed by remedial action in response to 

23 lessons learned; and 


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1 ‘‘(8) designed to assist State and local govern2 ments and chemical facilities in designing, imple3 menting, and evaluating exercises that— 

4 ‘‘(A) conform to the requirements of this 

5 paragraph; and 

6 ‘‘(B) are consistent with any applicable 

7 Buffer Zone Protection Plan, State homeland 

8 security plan, or urban area homeland security 

9 plan. 

10 ‘‘SEC. 2103. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘There are authorized to be appropriated to the Sec12 retary such sums as may be necessary to carry out this 

13 title.’’. 

14 (2) TABLE OF CONTENTS.—The table of con15 tents in section 2 of the Homeland Security Act of 

16 2002 (6 U.S.C. 101 et seq.) is amended by inserting 

17 after the item relating to section 2022 the following: 

‘‘TITLE XXI—CHEMICAL FACILITY SECURITY 

‘‘Sec. 2101. Chemical security training program. 

‘‘Sec. 2102. Chemical security exercise program. 

‘‘Sec. 2103. Authorization of appropriations.’’. 

18 Subtitle C—Office for Bombing 

19 Prevention 

20 SEC. 821. BOMBING PREVENTION. 

21 (a) IN GENERAL.—Subtitle A of title II of the Home22 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend23 ed by adding at the end the following new section: 


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1 ‘‘SEC. 210F. OFFICE FOR BOMBING PREVENTION. 

2 ‘‘(a) IN GENERAL.—The Secretary shall establish 

3 within the Protective Security Coordination Division of the 

4 Office of Infrastructure Protection of the Department an 

5 Office for Bombing Prevention (in this section referred to 

6 as ‘the Office’). 

7 ‘‘(b) RESPONSIBILITIES.—The Office shall have the 

8 primary responsibility for enhancing the ability, and co9 ordinating the efforts, of the United States to deter, de10 tect, prevent, protect against, and respond to terrorist ex11 plosive attacks in the United States, including by— 

12 ‘‘(1) serving as the lead agency of the Depart13 ment for ensuring that programs designed to 

14 counter terrorist explosive attacks in the United 

15 States function together efficiently to meet the evolv16 ing threat from explosives and improvised explosive 

17 devices; 

18 ‘‘(2) coordinating national and intergovern19 mental bombing prevention activities to ensure those 

20 activities work toward achieving common national 

21 goals; 

22 ‘‘(3) conducting analysis of the capabilities and 

23 requirements necessary for Federal, State, local, and 

24 tribal governments to deter, prevent, detect, protect 

25 against, and assist in any response to terrorist ex26 plosive attacks in the United States by— 


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1 ‘‘(A) maintaining a national analysis data2 base on the capabilities of bomb squads, explo3 sive detection canine teams, tactics teams, and 

4 public safety dive teams; and 

5 ‘‘(B) applying the analysis derived from 

6 the database described in subparagraph (A) 

7 in— 

8 ‘‘(i) evaluating progress toward clos9 ing identified gaps relating to national 

10 strategic goals and standards; and 

11 ‘‘(ii) informing decisions relating to 

12 homeland security policy, assistance, train13 ing, research, development efforts, testing 

14 and evaluation, and related requirements; 

15 ‘‘(4) promoting secure information sharing of 

16 sensitive material and promoting security awareness, 

17 including by— 

18 ‘‘(A) operating and maintaining a secure 

19 information sharing system that allows the 

20 sharing of critical information relating to ter21 rorist explosive attack tactics, techniques, and 

22 procedures; 

23 ‘‘(B) educating the public and private sec24 tors about explosive precursor chemicals; 


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1 ‘‘(C) working with international partners, 

2 in coordination with the Office for International 

3 Affairs of the Department, to develop and share 

4 effective practices to deter, prevent, detect, pro5 tect, and respond to terrorist explosive attacks 

6 in the United States; and 

7 ‘‘(D) executing national public awareness 

8 and vigilance campaigns relating to terrorist ex9 plosive threats, preventing explosive attacks, 

10 and activities and measures underway to safe11 guard the United States; 

12 ‘‘(5) assisting State, local, and tribal govern13 ments in developing multi-jurisdictional improvised 

14 explosive devices security plans for high-risk jurisdic15 tions; 

16 ‘‘(6) helping to ensure, in coordination with the 

17 Under Secretary for Science and Technology and the 

18 Administrator of the Federal Emergency Manage19 ment Agency, the identification and availability of 

20 effective technology applications through field pilot 

21 testing and acquisition of such technology applica22 tions by Federal, State, local, and tribal govern23 ments to deter, prevent, detect, protect, and respond 

24 to terrorist explosive attacks in the United States; 


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1 ‘‘(7) coordinating the efforts of the Department 

2 relating to, and assisting departments and agencies 

3 of Federal, State, local, and tribal governments, and 

4 private sector business in, developing and imple5 menting national explosives detection training, cer6 tification, and performance standards; 

7 ‘‘(8) ensuring the implementation of any rec8 ommendations in the national strategy required 

9 under section 210G, including developing, maintain10 ing, and tracking progress toward achieving objec11 tives to reduce the vulnerability of the United States 

12 to terrorist explosive attacks; 

13 ‘‘(9) developing, in coordination with the Ad14 ministrator of the Federal Emergency Management 

15 Agency, programmatic guidance and permitted uses 

16 for bombing prevention activities funded by home17 land security assistance administered by the Depart18 ment; and 

19 ‘‘(10) establishing and executing a public 

20 awareness campaign to inform the general public 

21 and private sector businesses on ways they can 

22 deter, detect, prevent, protect against, and respond 

23 to terrorist explosive attacks in the United States, 

24 that— 


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1 ‘‘(A) utilizes a broad spectrum of both 

2 mainstream and specialty print, radio, television 

3 outlets, and the Internet; 

4 ‘‘(B) utilizes small and disadvantaged busi5 nesses, as defined under the Small Business Act 

6 (15 U.S.C. 631 et seq.); and 

7 ‘‘(C) ensures that the public awareness 

8 messages under the campaign reach and are 

9 understandable to underserved populations, in10 cluding— 

11 ‘‘(i) persons with physical and mental 

12 disabilities, health problems, visual impair13 ments, hearing impairments, limited 

14 English proficiency, and literacy barriers; 

15 ‘‘(ii) socially and economically dis16 advantaged households and communities; 

17 ‘‘(iii) the elderly; and 

18 ‘‘(iv) children. 

19 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

20 Nothing in this section shall be construed to affect the 

21 authority of the Administrator of the Federal Emergency 

22 Management Agency, the Director of the United States 

23 Secret Service, or the Attorney General of the United 

24 States. 

25 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) IN GENERAL.—Of the amount authorized 

2 in section 201 of the Counterterrorism Enhancement 

3 and Department of Homeland Security Authoriza4 tion Act, there is authorized to be appropriated to 

5 carry out this section $25,000,000 for fiscal year 

6 2011. 

7 ‘‘(2) AVAILABILITY.—Amounts made available 

8 pursuant to paragraph (1) are authorized to remain 

9 available until expended. 

10 ‘‘(e) ENHANCEMENT OF EXPLOSIVES DETECTION

11 CANINE RESOURCES AND CAPABILITIES.—To enhance the 

12 Nation’s explosives detection canine resources and capa13 bilities the Secretary of Homeland Security shall, by 

14 partnering with other Federal, State, local, and tribal 

15 agencies, nonprofit organizations, universities including 

16 historically black colleges and universities and minority 

17 serving institutions, and the private sector— 

18 ‘‘(1) within 270 days after the date of the en19 actment of this subsection— 

20 ‘‘(A) develop a pilot program that includes 

21 a domestic breeding program for purpose-bred 

22 explosives detection canines; and 

23 ‘‘(B) increase the current number of capa24 bility assessments of explosives detection canine 

25 units to identify common challenges and gaps in 


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1 canine explosives detection, to provide for effec2 tive domestic preparedness and collective re3 sponse to terrorism, and to inform grant guid4 ance and priorities, consistent with national ca5 pabilities database efforts; 

6 ‘‘(2) continue development of a scientifically 

7 based training curriculum to enhance consensus8 based national training and certification standards 

9 to provide for effective domestic preparedness and 

10 collective response to terrorism through the effective 

11 use of explosives detection canines for explosives de12 tection canines; and 

13 ‘‘(3) continue engagement in explosives detec14 tion canine research and development activities 

15 through partnerships with the Science and Tech16 nology Directorate and the Technical Support Work17 ing Group. 

18 ‘‘SEC. 210G. NATIONAL STRATEGY. 

19 ‘‘(a) IN GENERAL.—The Secretary shall develop and 

20 periodically update a national strategy to prevent and pre21 pare for terrorist explosive attacks in the United States. 

22 ‘‘(b) DEVELOPMENT.—Not later than 90 days after 

23 the date of the enactment of this section, the Secretary 

24 shall develop the national strategy required under sub25 section (a). 


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1 ‘‘(c) REPORTING.—Not later than six months after 

2 the date of the submission of the report regarding each 

3 quadrennial homeland security review conducted under 

4 section 707, the Secretary shall submit to the Committee 

5 on Homeland Security of the House of Representatives 

6 and the Committee on Homeland Security and Govern7 mental Affairs of the Senate a report regarding the na8 tional strategy required under subsection (a), which shall 

9 include recommendations, if any, for deterring, pre10 venting, detecting, protecting against, and responding to 

11 terrorist attacks in the United States using explosives or 

12 improvised explosive devices, including any such rec13 ommendations relating to coordinating the efforts of Fed14 eral, State, local, and tribal governments, emergency re15 sponse providers, and the private sector.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

17 The table of contents in section 1(b) of the Homeland Se18 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

19 inserting after the item relating to section 210E the fol20 lowing new items: 

‘‘Sec. 210F. Office for Bombing Prevention. 

‘‘Sec. 210G. National strategy.’’. 


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1 SEC. 822. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND 

2 TRANSFER. 

3 (a) IN GENERAL.—Title III of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

5 adding at the end the following new sections: 

6 ‘‘SEC. 318. EXPLOSIVES RESEARCH AND DEVELOPMENT. 

7 ‘‘(a) IN GENERAL.—The Secretary, acting through 

8 the Under Secretary for Science and Technology, and in 

9 coordination with the Under Secretary for National Pro10 tection and Programs, the Attorney General, the Secretary 

11 of Defense, and the head of any other relevant Federal 

12 department or agency, shall ensure coordination and infor13 mation sharing regarding nonmilitary research, develop14 ment, testing, and evaluation activities of the Federal Gov15 ernment relating to the detection and prevention of, pro16 tection against, and response to terrorist attacks in the 

17 United States using explosives or improvised explosive de18 vices, and the development of tools and technologies nec19 essary to neutralize and disable explosive devices. 

20 ‘‘(b) LEVERAGING MILITARY RESEARCH.—The Sec21 retary, acting through the Under Secretary for Science 

22 and Technology, and in coordination with the Under Sec23 retary for National Protection and Programs, shall coordi24 nate with the Secretary of Defense and the head of any 

25 other relevant Federal department or agency to ensure 

26 that, to the maximum extent possible, military policies and 


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1 procedures, and research, development, testing, and eval2 uation activities relating to the detection and prevention 

3 of, protection against, and response to terrorist attacks 

4 using explosives or improvised explosive devices, and the 

5 development of tools and technologies necessary to neu6 tralize and disable explosive devices, are adapted to non7 military uses. 

8 ‘‘SEC. 319. TECHNOLOGY TRANSFER. 

9 ‘‘(a) IN GENERAL.—The Secretary, acting through 

10 the Under Secretary for Science and Technology, and in 

11 coordination with the Under Secretary for National Pro12 tection and Programs, shall establish a technology trans13 fer program to facilitate the identification, modification, 

14 and commercialization of technology and equipment for 

15 use by Federal, State, and local governmental agencies, 

16 emergency response providers, and the private sector to 

17 deter, prevent, detect, protect, and respond to terrorist at18 tacks in the United States using explosives or improvised 

19 explosive devices. 

20 ‘‘(b) PROGRAM.—The activities under the program 

21 established under subsection (a) shall include— 

22 ‘‘(1) applying the analysis conducted under sec23 tion 210F(b)(3) of the capabilities and requirements 

24 of bomb squad, explosive detection canine teams, 

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1 eral, State, and local governments, to determine the 

2 training and technology requirements for Federal, 

3 State, and local governments, emergency response 

4 providers, and the private sector; 

5 ‘‘(2) identifying available technologies designed 

6 to deter, prevent, detect, protect, or respond to ter7 rorist attacks using explosives or improvised explo8 sive devices that have been, or are in the process of 

9 being, developed, tested, evaluated, or demonstrated 

10 by the Department, other Federal agencies, the pri11 vate sector, foreign governments, or international or12 ganizations; 

13 ‘‘(3) reviewing whether a technology described 

14 in paragraph (2) may be useful in assisting Federal, 

15 State, or local governments, emergency response 

16 providers, or the private sector in detecting, deter17 ring, preventing, or responding to terrorist attacks 

18 using explosives or improvised explosive devices; and 

19 ‘‘(4) communicating to Federal, State, and local 

20 governments, emergency response providers, and the 

21 private sector the availability of any technology de22 scribed in paragraph (2), including providing the 

23 specifications of any such technology, indicating 

24 whether any such technology satisfies appropriate 

25 standards, and identifying grants, if any, available 


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1 from the Department to purchase any such tech2 nology. 

3 ‘‘(c) WORKING GROUP.—To facilitate the transfer of 

4 military technologies, the Secretary, acting through the 

5 Under Secretary for Science and Technology, in coordina6 tion with the Secretary of Defense, and in a manner con7 sistent with protection of sensitive sources and methods, 

8 shall establish a working group to advise and assist in the 

9 identification of military technologies designed to deter, 

10 prevent, detect, protect, or respond to terrorist explosive 

11 attacks that are in the process of being developed, or are 

12 developed, by the Department of Defense or the private 

13 sector.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

15 The table of contents in section 1(b) of the Homeland Se16 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

17 inserting after the item relating to section 317 the fol18 lowing new items: 

‘‘Sec. 318. Explosives research and development. 

‘‘Sec. 319. Technology transfer.’’. 

19 SEC. 823. GAO STUDY OF EXPLOSIVES DETECTION CANINE 

20 TEAMS. 

21 Section 1307(f) of the Implementing Recommenda22 tions of the 9/11 Commission Act of 2007 (Public Law 

23 110–53; 121 Stat. 395) is amended by striking ‘‘utiliza24 tion’’ and all that follows through the end of the sentence 


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1 and inserting ‘‘utilization of explosives detection canine 

2 teams, by the Transportation Security Administration and 

3 all other agencies of the Department of Homeland Secu4 rity that utilize explosives detection canines, to strengthen 

5 security and the capacity of explosive detection canine de6 tection teams of the Department.’’. 

7 SEC. 824. REPORT ON CANINE PROCUREMENT ACTIVITIES. 

8 The Secretary of Homeland Security shall submit a 

9 report to the Committee on Homeland Security of the 

10 House of Representatives and the Committee on Home11 land Security and Governmental Affairs of the Senate by 

12 not later than 180 days after the date of the enactment 

13 of this Act examining the administration of canine pro14 curement activities by the Department of Homeland Secu15 rity to deter, prevent, detect, and protect against terrorist 

16 explosive attacks in the United States, that includes con17 sideration of the feasibility of reducing the price paid for 

18 the procurement of untrained canines, including by uti19 lizing an expanded pool of breeds, procuring canines from 

20 domestic breeders, and acquiring canines from animal 

21 shelters, rescue societies, and other not-for-profit entities. 

22 Subtitle D—Cybersecurity 

23 SEC. 831. ANNUAL CYBERSECURITY THREAT ASSESSMENT. 

24 The Secretary, in coordination with the Director of 

25 National Intelligence, shall submit to the Committee on 


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1 Homeland Security of the House of Representatives an 

2 annual assessment of cybersecurity threats to and 

3 vulnerabilities of national critical infrastructure informa4 tion systems and networks. 

5 SEC. 832. CYBERSECURITY RESEARCH AND DEVELOPMENT. 

6 (a) IN GENERAL.—The Under Secretary for Science 

7 and Technology of the Department shall support research, 

8 development, testing, evaluation, and transition of cyber9 security technology, including fundamental, long-term re10 search to improve the ability of the United States to pre11 vent, protect against, detect, respond to, and recover from 

12 cyber attacks that threaten national critical infrastructure 

13 information systems and networks, with an emphasis on 

14 research and development relevant to large scale, high-im15 pact attacks. 

16 (b) ACTIVITIES.—The research and development sup17 ported under subsection (a) shall include work to— 

18 (1) advance the development and deployment 

19 Internet protocols and architectures, including for 

20 the domain name system and routing protocols; 

21 (2) improve and create technologies for detect22 ing attacks or intrusions, including real-time moni23 toring technologies; 

24 (3) improve and create mitigation and recovery 

25 methodologies, including techniques for containment 


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1 of attacks and development of resilient networks and 

2 systems that degrade gracefully; 

3 (4) develop and support infrastructure for cy4 bersecurity research and development, including 

5 modeling, testbeds, and data sets for assessment of 

6 new cybersecurity technologies; 

7 (5) assist the development and support of tech8 nologies to reduce vulnerabilities in process control 

9 systems; 

10 (6) develop and support cyber forensics and at11 tack attribution; and 

12 (7) test, evaluate, and facilitate the transfer of 

13 technologies associated with the engineering of less 

14 vulnerable software and securing the information 

15 technology software development lifecycle. 

16 (c) COORDINATION.—In carrying out this section, the 

17 Under Secretary shall coordinate activities with the Under 

18 Secretary for National Protection and Programs and the 

19 heads of other relevant Federal departments and agencies, 

20 including the National Science Foundation, the Defense 

21 Advanced Research Projects Agency, the Information As22 surance Directorate of the National Security Agency, the 

23 National Institute of Standards and Technology, the De24 partment of Commerce, and other appropriate working 


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1 groups established by the President to identify unmet 

2 needs and cooperatively support activities, as appropriate. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

4 amount authorized by section 201, there is authorized to 

5 be appropriated $75,000,000 to the Department for fiscal 

6 year 2011 for the cybersecurity research and development 

7 activities of the Directorate of Science and Technology to 

8 prevent, detect, and respond to acts of terrorism and other 

9 large-scale disruptions to information infrastructure. 

10 SEC. 833. NATIONAL RESEARCH COUNCIL STUDY OF CY11 BERSECURITY INCENTIVES. 

12 (a) IN GENERAL.—Not later than 90 days after the 

13 date of enactment of this Act, the Under Secretary for 

14 Science and Technology and the Under Secretary for Na15 tional Protection and Programs of the Department shall 

16 seek to enter into an agreement with the National Re17 search Council of the National Academy of Sciences to 

18 conduct a study to assess methods that might be used to 

19 promote market mechanisms that further cybersecurity. 

20 (b) SUBJECTS.—The study required under subsection 

21 (a) shall include assessment of— 

22 (1) mandated reporting of security breaches 

23 that could threaten critical functions, including pro24 vision of electricity and resiliency of the financial 

25 sector; 


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1 (2) financial incentives to encourage operators 

2 of critical infrastructure to maximize protections for 

3 their systems; 

4 (3) certification from standards bodies about 

5 conformance to relevant cybersecurity standards that 

6 can be used as a marketplace differentiation; 

7 (4) accounting practices that require companies 

8 to report their cybersecurity practices and postures 

9 and the results of independently conducted red team 

10 simulated attacks or exercises; and 

11 (5) cybersecurity risk insurance, including anal12 ysis of the current marketplace and recommenda13 tions to promote cybersecurity insurance. 

14 (c) REPORT.—Not later than two years after the date 

15 of enactment of this Act, the Secretary shall submit to 

16 the Committee on Homeland Security of the House of 

17 Representatives a report containing the results of the 

18 study required under subsection (a), together with any 

19 recommendations of the Secretary related thereto. 

20 SEC. 834. RESEARCH ON CYBER COMPROMISE OF INFRA21 STRUCTURE. 

22 (a) IN GENERAL.—Pursuant to section 201 of the 

23 Homeland Security Act of 2002 (6 U.S.C. 121) and in 

24 furtherance of domestic preparedness for and collective re25 sponse to a cyber attack by a terrorist or other person, 


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1 the Secretary, working with the heads of other national 

2 security and intelligence agencies, shall conduct research 

3 and determine if the security of federally owned program4 mable electronic devices and communication networks, in5 cluding hardware, software, and data, essential to the reli6 able operation of critical electric infrastructure has been 

7 compromised. 

8 (b) SCOPE OF RESEARCH.—The scope of the research 

9 required under subsection (a) shall include the following: 

10 (1) The extent of any compromise. 

11 (2) An identification of any attackers. 

12 (3) The method of penetration. 

13 (4) Ramifications of any such compromise on 

14 future operations of critical electric infrastructure. 

15 (5) Secondary ramifications of any such com16 promise on other critical infrastructure sectors and 

17 the functioning of civil society. 

18 (6) Ramifications of any such compromise on 

19 national security, including war fighting capability. 

20 (7) Recommended mitigation activities. 

21 (c) REPORT.—Not later than 30 days after the date 

22 a determination has been made under subsection (a), the 

23 Secretary shall submit to the Committee on Homeland Se24 curity of the House of Representatives a report on the 

25 findings of such determination. The report may contain 


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1 a classified annex if the Secretary determines it to be ap2 propriate. 

3 SEC. 835. ASSESSMENTS OF EMERGING CYBER THREATS IN 

4 TELECOMMUNICATIONS. 

5 Within 180 days after the date of enactment of this 

6 Act, the Secretary, in collaboration with other relevant 

7 Federal departments or agencies as the Secretary con8 siders appropriate, shall issue a report providing a threat 

9 assessment, to be updated on an annual basis, to the Com10 mittee on Homeland Security of the House of Representa11 tives that examines vulnerabilities and policies to mitigate 

12 those vulnerabilities arising from global supply chain re13 lated to the production, manufacturing, and distribution 

14 of telecommunications devices, including potential threats 

15 to national security or critical infrastructure arising from 

16 foreign investment in United States telecommunications 

17 assets. 

18 SEC. 836. DEPARTMENT OF HOMELAND SECURITY 

19 CYBERCRIME COORDINATION. 

20 (a) REPORT ON CYBER COORDINATION.—Within 180 

21 days after the date of enactment of this Act, the Secretary 

22 shall submit to the Committee on Homeland Security of 

23 the House of Representatives a report assessing— 

24 (1) how the sub-components of the Department 

25 that have a cybersecurity mission, including the 


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1 United States Secret Service, U.S. Immigration and 

2 Customs Enforcement, and the National Protection 

3 Programs Directorate, will coordinate their cyberse4 curity activities; 

5 (2) the development of Department-wide proce6 dures and standards for addressing cybercrime, as 

7 well as metrics to track the effectiveness of the De8 partment’s efforts to combat cybercrime; and 

9 (3) recommendations to Congress for improving 

10 the authority of the Federal Government for ad11 dressing cybercrime. 

12 (b) PRIVATE SECTOR POST-CRIME CONSULTA13 TION.—The Under Secretary for the National Protection 

14 and Programs Directorate, in coordination with the 

15 United States Secret Service and U.S. Immigration and 

16 Customs Enforcement, shall establish an outreach pro17 gram for victims of cyber attacks that assists, on a vol18 untary basis, in providing cyber risk management, devel19 oping best practices for establishing mitigation and protec20 tive measures against cyber attacks, and otherwise coordi21 nates the Department’s response to cyber attacks. 


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1 TITLE IX—PREPAREDNESS AND 

2 RESPONSE 

3 SEC. 901. CENTER FOR DOMESTIC PREPAREDNESS. 

4 (a) ACCEPTANCE OF GIFTS FOR FIRST RESPONDER

5 TERRORISM PREPAREDNESS AND RESPONSE TRAIN6 ING.—Section 1204 of the Implementing Recommenda7 tions of the 9/11 Commission Act of 2007 (6 U.S.C. 1102) 

8 is amended by adding at the end the following new sub9 section: 

10 ‘‘(f) ACCEPTANCE OF GIFTS.— 

11 ‘‘(1) AUTHORITY.—Notwithstanding section 

12 873(b) of the Homeland Security Act of 2002 (6 

13 U.S.C. 453(b)), the Secretary may accept and use 

14 gifts of property, both real and personal, and may 

15 accept gifts of services, including from guest lec16 turers, for otherwise authorized activities of the Cen17 ter for Domestic Preparedness that are related to 

18 preparedness for and response to terrorism. 

19 ‘‘(2) REPORT.—The Secretary shall report an20 nually to the Committee on Homeland Security of 

21 the House of Representatives and the Committee on 

22 Homeland Security and Governmental Affairs of the 

23 Senate— 

24 ‘‘(A) any gifts that were accepted under 

25 this subsection in the preceding year; 


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1 ‘‘(B) how such gifts contribute to the mis2 sion of the Center for Domestic Preparedness; 

3 and 

4 ‘‘(C) the amount of Federal savings that 

5 were generated from the acceptance of such 

6 gifts.’’. 

7 (b) TRAINING OF OTHER EMERGENCY RESPONSE

8 PROVIDERS.— 

9 (1) IN GENERAL.—The Center for Domestic 

10 Preparedness may provide training to emergency re11 sponse providers of the Federal Government, foreign 

12 governments, or private entities, if the Center for 

13 Domestic Preparedness is reimbursed for the cost of 

14 such training. 

15 (2) USE OF REIMBURSEMENT.—Any reimburse16 ment under paragraph (1) shall be credited to the 

17 account from which the expenditure being reim18 bursed was made and shall be available, without fis19 cal year limitation, for the purposes for which 

20 amounts in the account may be expended. 

21 (3) PROTECTION OF PRIMARY MISSION.—The 

22 head of the Center for Domestic Preparedness shall 

23 ensure that the training provided under paragraph 

24 (1) does not interfere with the primary mission of 


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1 the Center to train State and local emergency re2 sponse providers. 

3 SEC. 902. RECOVERY FROM RADIOLOGICAL AND NUCLEAR 

4 ATTACKS. 

5 (a) ASSESSMENT.— 

6 (1) IN GENERAL.—To facilitate recovery from a 

7 radiological or nuclear attack or other incident, the 

8 Secretary, acting through the Administrator of the 

9 Federal Emergency Management Agency, shall as10 sess capability gaps in recovery preparedness and 

11 provide guidance to State and local officials to re12 cover from a radiological or nuclear incident. 

13 (2) SUBJECTS.—The assessment shall include a 

14 review of— 

15 (A) decontamination standards, gaps in 

16 such standards, and recommendations for re17 search to minimize these gaps; 

18 (B) environmental remediation methods; 

19 and 

20 (C) such other components as are deter21 mined by the Secretary to be appropriate. 

22 (3) REPORT.—The Secretary shall report to the 

23 appropriate congressional committees on the find24 ings of the assessment by not later than 180 days 

25 after the date of enactment of this Act. 


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1 (b) GUIDANCE.— 

2 (1) IN GENERAL.—The Secretary, acting 

3 through the Administrator of the Federal Emer4 gency Management Agency, shall issue detailed guid5 ance to assist State and local governments in pre6 paring for recovery and in conducting environmental 

7 remediation of contaminated areas, including— 

8 (A) clarification of Federal roles and re9 sponsibilities for assisting State and local gov10 ernments; and 

11 (B) such other guidance as determined by 

12 the Secretary to be appropriate. 

13 (2) ALIGNMENT WITH NATIONAL DISASTER RE14 COVERY STRATEGY GOALS.—The guidance shall 

15 align with the goals of the National Disaster Recov16 ery Strategy as required in Public Law 109–295 and 

17 the findings of the assessment under subsection (a). 

18 (c) EXERCISES.—The Secretary, acting through the 

19 Administrator of the Federal Emergency Management 

20 Agency and in partnership with State and local govern21 ments and other Federal agencies, shall conduct exercises 

22 that address recovery from radiological and nuclear inci23 dents, including exercises that address analysis, environ24 mental cleanup methods, and decontamination standards. 


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1 SEC. 903. CITIZEN AND COMMUNITY PREPAREDNESS. 

2 (a) COMMUNITY PREPAREDNESS DIVISION.— 

3 (1) ESTABLISHMENT OF COMMUNITY PRE4 PAREDNESS DIVISION.—The Homeland Security Act 

5 of 2002 (6 U.S.C. 101 et seq.) is amended by add6 ing at the end the following: 

7 ‘‘TITLE XXI—DOMESTIC PRE8 PAREDNESS AND COLLEC9 TIVE RESPONSE TO TER10 RORISM AND OTHER EMER11 GENCIES 

12 ‘‘SEC. 2101. COMMUNITY PREPAREDNESS DIVISION. 

13 ‘‘(a) IN GENERAL.—There is in the Department a 

14 Community Preparedness Division. 

15 ‘‘(b) DIRECTOR.—The Community Preparedness Di16 vision shall be headed by a Director, who shall be ap17 pointed by the Secretary. 

18 ‘‘(c) RESPONSIBILITIES.—The Director of the Com19 munity Preparedness Division, shall have the primary re20 sponsibility within the Department for assisting the efforts 

21 of State, local, and tribal governments in preparing citi22 zens in the United States for acts of terrorism and other 

23 emergencies, including primary responsibility for each of 

24 the following: 

25 ‘‘(1) Administration of the Citizen Corps Pro26 gram under section 2102. 


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1 ‘‘(2) Supporting public and community pre2 paredness efforts. 

3 ‘‘(3) Serving as the principal advisor to the Sec4 retary of Homeland Security on public and commu5 nity preparedness issues. 

6 ‘‘(4) Providing Citizen Corps Councils with 

7 tools, information, and technical assistance to con8 nect local and national citizen preparedness efforts. 

9 ‘‘(5) Establishing specialized preparedness pro10 grams for underserved populations under subsection 

11 (d). 

12 ‘‘(6) Ensuring coordination with, and leveraging 

13 to the greatest extent feasible, efforts by private sec14 tor entities, faith-based groups, research and edu15 cational institutions, other nongovernmental organi16 zations, including such organizations that work with 

17 the disabled and others with special needs, and 

18 emergency response provider organizations to pro19 mote citizen preparedness and participation. 

20 ‘‘(7) Assisting in the implementation of national 

21 strategies for public and community preparedness, 

22 including the development of individual preparedness 

23 skills and capabilities, assembling preparedness kits, 

24 developing emergency communications plans, train25 ing in basic first aid, and learning how to react to 


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1 a variety of emergencies, including an act of ter2 rorism involving chemical, biological, radiological, or 

3 nuclear weapons, and natural disasters, including 

4 hurricanes, floods, earthquakes, and tsunamis. 

5 ‘‘(8) Establishing and maintaining a community 

6 preparedness resource center to compile and dissemi7 nate best practices of citizen preparedness programs. 

8 ‘‘(d) UNDERSERVED POPULATIONS.—In carrying out 

9 the responsibilities under this section, the Director shall 

10 consider the unique preparedness challenges faced by— 

11 ‘‘(1) persons with physical and mental disabil12 ities, health problems, visual impairments, hearing 

13 impairments, limited English proficiency, and lit14 eracy barriers; 

15 ‘‘(2) socially and economically disadvantaged 

16 households and communities; 

17 ‘‘(3) the elderly; 

18 ‘‘(4) children; and 

19 ‘‘(5) individuals with pets or service animals. 

20 ‘‘SEC. 2102. CITIZEN CORPS PROGRAM. 

21 ‘‘(a) ESTABLISHMENT.—There is in the Community 

22 Preparedness Division a Citizen Corps Program, through 

23 which the Secretary shall bring community and govern24 ment leaders together to coordinate and leverage efforts 

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1 paredness, planning, mitigation, response, and recovery 

2 for acts of terrorism and natural disasters. 

3 ‘‘(b) GRANT PROGRAM.— 

4 ‘‘(1) IN GENERAL.—As part of the Citizen 

5 Corps Program, the Secretary shall carry out a 

6 grant program to make grants to States. 

7 ‘‘(2) APPLICATION.—To be eligible to receive a 

8 grant under this subsection, a State shall submit an 

9 application containing such information and assur10 ances as the Secretary may require. 

11 ‘‘(3) USE OF FUNDS.—A grant under this sub12 section may be used for any of the following pur13 poses: 

14 ‘‘(A) To form and sustain a State or local 

15 Citizen Corps Council. 

16 ‘‘(B) To develop and implement edu17 cational programs for the public on both ter18 rorism and natural disaster preparedness and 

19 volunteer responsibilities. 

20 ‘‘(C) To develop and implement a plan or 

21 to amend an existing plan to facilitate citizen 

22 preparedness and participation. 

23 ‘‘(D) To facilitate citizen participation in 

24 preparedness training and exercises. 


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1 ‘‘(E) To implement volunteer programs 

2 and activities to support emergency response 

3 providers. 

4 ‘‘(4) CONDITIONS OF RECEIPT OF FUNDS.— 

5 Each State that receives a grant under this sub6 section shall ensure that in carrying out any of the 

7 purposes under paragraph (3) outreach efforts ex8 tend, as appropriate, to— 

9 ‘‘(A) underserved populations specified in 

10 section 2101(d); 

11 ‘‘(B) neighborhoods bordering critical in12 frastructure; 

13 ‘‘(C) urban and rural communities; 

14 ‘‘(D) border communities; and 

15 ‘‘(E) faith-based and volunteer community 

16 service organizations. 

17 ‘‘(c) ADMINISTRATION AND COORDINATION.—As 

18 part of the Citizen Corps Program, the Secretary shall— 

19 ‘‘(1) administer— 

20 ‘‘(A) the Community Emergency Response 

21 Team Program under section 2103, or any suc22 cessor thereto; and 

23 ‘‘(B) the Fire Corps Program under sec24 tion 2104, or any successor thereto; 


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1 ‘‘(2) coordinate with the Secretary of Health 

2 and Human Services in the administration of the 

3 Medical Reserve Corps, or any successor thereto, 

4 which is a program to educate and train citizens and 

5 medical professionals to assist with medical and pub6 lic health outreach and administration before, dur7 ing, and after acts of terrorism and other emer8 gencies; and 

9 ‘‘(3) coordinate with the Attorney General in 

10 the administration of— 

11 ‘‘(A) Neighborhood Watch, or any suc12 cessor thereto, which is a program to provide 

13 information, training, and resources to citizens 

14 and law enforcement agencies throughout the 

15 country to identify potential terrorist activities 

16 and other threats; and 

17 ‘‘(B) Volunteers In Police Services, or any 

18 successor thereto, which is a program to edu19 cate and train citizens to increase the capacity 

20 of volunteer State and local law enforcement of21 ficials to assist before, during, and after an act 

22 of terrorism or other emergency. 

23 ‘‘(d) COOPERATIVE AGREEMENTS WITH NON-PROF24 IT ENTITIES.—The Secretary may enter into cooperative 

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1 paredness and outreach programs that the Secretary has 

2 determined have a proven track record of success on a na3 tional or regional basis. 

4 ‘‘(e) REPORTS TO CONGRESS.—Not later than one 

5 year after the date of the enactment of this section, and 

6 every two years thereafter, the Director of the Community 

7 Preparedness Division shall submit to Congress a report 

8 that evaluates the management and effectiveness of the 

9 Fire Corps Program under section 2104 and the Commu10 nity Emergency Response Team Program under section 

11 2103. 

12 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

13 amount appropriated in section 201 of the Counterter14 rorism Enhancement and Department of Homeland Secu15 rity Authorization Act of 2010 there is authorized to be 

16 appropriated to carry out this section $40,000,000 for fis17 cal year 2011. 

18 ‘‘SEC. 2103. COMMUNITY EMERGENCY RESPONSE TEAM 

19 PROGRAM. 

20 ‘‘(a) ESTABLISHMENT.—There is in the Community 

21 Preparedness Division a Community Emergency Response 

22 Team Program, through which the Secretary shall educate 

23 citizens about preparedness and mitigation and train citi24 zens in basic response skills, including fire safety, light 


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1 search and rescue, and medical operations in preparation 

2 for acts of terrorism and other emergencies. 

3 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Of the 

4 amounts authorized to be appropriated under section 

5 2102(f) for any fiscal year, $1,750,000 is authorized to 

6 carry out this section. 

7 ‘‘SEC. 2104. FIRE CORPS PROGRAM. 

8 ‘‘(a) ESTABLISHMENT.—There is in the Community 

9 Preparedness Division a Fire Corps Program, through 

10 which the Secretary shall facilitate the use of volunteers 

11 in non-emergency roles at fire and rescue departments to 

12 better prepare local communities to respond to acts of ter13 rorism and other emergencies. 

14 ‘‘(b) FIRE CORPS ADVISORY COMMITTEE.— 

15 ‘‘(1) ESTABLISHMENT.—The Secretary shall es16 tablish an advisory committee to be known as the 

17 ‘Fire Corps Advisory Committee’ (hereinafter re18 ferred to in this section as the ‘Committee’) to pro19 vide guidance and assistance to the Secretary in car20 rying out the Fire Corps Program. 

21 ‘‘(2) MEMBERSHIP.—The members of the Com22 mittee shall be appointed by the Secretary and shall 

23 include— 

24 ‘‘(A) representatives of fire and emergency 

25 service organizations; 


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1 ‘‘(B) representatives of the United States 

2 Fire Administration; and 

3 ‘‘(C) other individuals that the Secretary 

4 determines are appropriate. 

5 ‘‘(3) TERMS OF SERVICE; PAY AND ALLOW6 ANCES.—The Secretary shall determine the number, 

7 terms of service, and pay and allowances of members 

8 of the Committee appointed by the Secretary, except 

9 that the term of service of any such member may 

10 not exceed three years. 

11 ‘‘(4) APPLICABILITY OF FEDERAL ADVISORY

12 COMMITTEE ACT.—Section 14(a)(2)(B) of the Fed13 eral Advisory Committee Act (5 U.S.C. App.) shall 

14 not apply to the Committee. 

15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

16 amounts authorized to be appropriated under section 

17 2012(f) for any fiscal year, $1,500,000 is authorized to 

18 carry out this section.’’. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents in section 1(b) of such Act is amended by add21 ing at the end the following: 

‘‘TITLE XXI—DOMESTIC PREPAREDNESS AND COLLECTIVE 

RESPONSE TO TERRORISM AND OTHER EMERGENCIES 

‘‘Sec. 2101. Community Preparedness Division. 

‘‘Sec. 2102. Citizen Corps Program. 

‘‘Sec. 2103. Community Emergency Response Team Program. 

‘‘Sec. 2104. Fire Corps Program.’’. 


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1 (b) REPORT TO CONGRESS.—Not later than 90 days 

2 after the date of the enactment of this Act, and annually 

3 thereafter, the Secretary shall submit to the Committee 

4 on Homeland Security of the House of Representatives 

5 and the Committee on Homeland Security and Govern6 mental Affairs of the Senate a report specifying the 

7 amount of grant funds awarded to each State under sec8 tion 2102(b) of the Homeland Security Act of 2002, as 

9 added by subsection (b), and the purposes for which such 

10 funds were awarded. 

11 SEC. 904. METROPOLITAN MEDICAL RESPONSE SYSTEM 

12 PROGRAM. 

13 (a) METROPOLITAN MEDICAL RESPONSE SYSTEM

14 PROGRAM.— 

15 (1) AMENDMENT.—Title V of the Homeland 

16 Security Act of 2002 (6 U.S.C. 311 et seq.) is 

17 amended by adding at the end the following: 

18 ‘‘SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM 

19 PROGRAM. 

20 ‘‘(a) IN GENERAL.—The Secretary shall conduct a 

21 Metropolitan Medical Response System Program, that 

22 shall assist State and local governments in preparing for 

23 and responding to public health and mass casualty inci24 dents resulting from natural disasters, acts of terrorism, 

25 and other man-made disasters. 


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1 ‘‘(b) FINANCIAL ASSISTANCE.— 

2 ‘‘(1) AUTHORIZATION OF GRANTS.— 

3 ‘‘(A) IN GENERAL.—The Secretary, 

4 through the Administrator of the Federal 

5 Emergency Management Agency, may make 

6 grants under this section to State and local gov7 ernments to assist in preparing for and re8 sponding to mass casualty incidents resulting 

9 from natural disasters, acts of terrorism, and 

10 other man-made disasters. 

11 ‘‘(B) CONSULTATION.—In developing guid12 ance for grants authorized under this section, 

13 the Administrator shall consult with the Assist14 ant Secretary, Office of Health Affairs. 

15 ‘‘(2) USE OF FUNDS.—A grant made under this 

16 section may be used to support the integration of 

17 emergency management, health, and medical sys18 tems into a coordinated response to mass casualty 

19 incidents caused by any hazard, including— 

20 ‘‘(A) to strengthen medical surge capacity; 

21 ‘‘(B) to strengthen mass prophylaxis capa22 bilities including development and maintenance 

23 of an initial pharmaceutical stockpile sufficient 

24 to protect first responders, their families, and 


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1 immediate victims from a chemical or biological 

2 event; 

3 ‘‘(C) to strengthen chemical, biological, ra4 diological, nuclear, and explosive detection, re5 sponse, and decontamination capabilities; 

6 ‘‘(D) to develop and maintain mass triage 

7 and pre-hospital treatment plans and capabili8 ties; 

9 ‘‘(E) for planning; 

10 ‘‘(F) to support efforts to strengthen infor11 mation sharing and collaboration capabilities of 

12 regional, State, and urban areas in support of 

13 public health and medical preparedness; 

14 ‘‘(G) for medical supplies management and 

15 distribution; 

16 ‘‘(H) for training and exercises; 

17 ‘‘(I) for integration and coordination of the 

18 activities and capabilities of public health per19 sonnel and medical care providers with those of 

20 other emergency response providers as well as 

21 other Federal agencies, the private sector, and 

22 nonprofit organizations, for the forward move23 ment of patients; and 

24 ‘‘(J) for such other activities as the Ad25 ministrator provides. 


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1 ‘‘(3) ELIGIBILITY.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 subparagraph (C), any jurisdiction that received 

4 funds through the Metropolitan Medical Re5 sponse System Program in fiscal year 2010 

6 shall be eligible to receive a grant under this 

7 section. 

8 ‘‘(B) ADDITIONAL JURISDICTIONS.— 

9 ‘‘(i) UNREPRESENTED STATES.— 

10 ‘‘(I) IN GENERAL.—Except as 

11 provided in subparagraph (C), for any 

12 State in which no jurisdiction received 

13 funds through the Metropolitan Med14 ical Response System Program in fis15 cal year 2010, or in which funding 

16 was received only through another 

17 State, the metropolitan statistical area 

18 in such State with the largest popu19 lation of all such areas in such State 

20 shall be eligible to receive a grant 

21 under this section. 

22 ‘‘(II) LIMITATION.—For each of 

23 fiscal years 2012 through 2014, no 

24 jurisdiction that would otherwise be 

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1 clause (I) shall receive a grant under 

2 this section if it would result in any 

3 jurisdiction under subparagraph (A) 

4 receiving less funding than such juris5 diction received in fiscal year 2010. 

6 ‘‘(ii) OTHER JURISDICTIONS.— 

7 ‘‘(I) IN GENERAL.—Subject to 

8 subparagraph (C), the Administrator 

9 may determine that additional juris10 dictions are eligible to receive grants 

11 under this section. 

12 ‘‘(II) LIMITATION.—For each of 

13 fiscal years 2012 through 2014, the 

14 eligibility of any additional jurisdic15 tion to receive grants under this sec16 tion is subject to the availability of 

17 appropriations beyond that necessary 

18 to— 

19 ‘‘(aa) ensure that each juris20 diction eligible to receive a grant 

21 under subparagraph (A) does not 

22 receive less funding than such ju23 risdiction received in fiscal year 

24 2010; and 


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1 ‘‘(bb) provide grants to ju2 risdictions eligible under clause 

3 (i). 

4 ‘‘(C) PERFORMANCE REQUIREMENT AFTER

5 FISCAL YEAR 2012.—A jurisdiction shall not be 

6 eligible for a grant under this subsection from 

7 funds available after fiscal year 2012 unless the 

8 Secretary determines that the jurisdiction main9 tains a sufficient measured degree of capability 

10 in accordance with the performance measures 

11 issued under subsection (c). 

12 ‘‘(4) DISTRIBUTION OF FUNDS.— 

13 ‘‘(A) IN GENERAL.—The Administrator 

14 shall distribute grant funds under this section 

15 to the State in which the jurisdiction receiving 

16 a grant under this section is located. 

17 ‘‘(B) PASS THROUGH.—Subject to sub18 paragraph (C), not later than 45 days after the 

19 date on which a State receives grant funds 

20 under subparagraph (A), the State shall provide 

21 the jurisdiction receiving the grant 100 percent 

22 of the grant funds, and not later than 45 days 

23 after the State releases the funds, all fiscal 

24 agents shall make the grant funds available for 

25 expenditure. 


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1 ‘‘(C) EXCEPTION.—The Administrator 

2 may permit a State to provide to a jurisdiction 

3 receiving a grant under this section 97 percent 

4 of the grant funds awarded if doing so would 

5 not result in any jurisdiction eligible for a grant 

6 under paragraph (3)(A) receiving less funding 

7 than such jurisdiction received in fiscal year 

8 2010. 

9 ‘‘(5) REGIONAL COORDINATION.—The Adminis10 trator shall ensure that each jurisdiction that re11 ceives a grant under this section, as a condition of 

12 receiving such grant, is actively coordinating its pre13 paredness efforts with surrounding jurisdictions, 

14 with the official with primary responsibility for 

15 homeland security (other than the Governor) of the 

16 government of the State in which the jurisdiction is 

17 located, and with emergency response providers from 

18 all relevant disciplines, as determined by the Admin19 istrator, to effectively enhance regional prepared20 ness. 

21 ‘‘(c) PERFORMANCE MEASURES.—The Adminis22 trator, in coordination with the Assistant Secretary, Office 

23 of Health Affairs, and the National Metropolitan Medical 

24 Response System Working Group, shall issue performance 

25 measures within one year after the date of enactment of 


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1 this section that enable objective evaluation of the per2 formance and effective use of funds provided under this 

3 section in any jurisdiction. 

4 ‘‘(d) METROPOLITAN MEDICAL RESPONSE SYSTEM

5 WORKING GROUP DEFINED.—In this section, the term 

6 ‘National Metropolitan Medical Response System Working 

7 Group’ means— 

8 ‘‘(1) 10 Metropolitan Medical Response System 

9 Program grant managers, who shall— 

10 ‘‘(A) include one such grant manager from 

11 each region of the Agency; 

12 ‘‘(B) comprise a population-based cross 

13 section of jurisdictions that are receiving grant 

14 funds under the Metropolitan Medical Response 

15 System Program; and 

16 ‘‘(C) include— 

17 ‘‘(i) 3 selected by the Administrator; 

18 and 

19 ‘‘(ii) 3 selected by the Assistant Sec20 retary, Office of Health Affairs; and 

21 ‘‘(2) 3 State officials who are responsible for 

22 administration of State programs that are carried 

23 out with grants under this section, who shall be se24 lected by the Administrator. 


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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

2 amount authorized in section 201 of the Counterterrorism 

3 Enhancement and Department of Homeland Security Au4 thorization Act of 2010, there is authorized to be appro5 priated $75,000,000 to carry out the program for fiscal 

6 year 2011.’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents in section 1(b) of such Act is amended by add9 ing at the end of the items relating to title V the 

10 following new item: 

‘‘Sec. 525. Metropolitan Medical Response System Program.’’. 

11 (b) METROPOLITAN MEDICAL RESPONSE PROGRAM

12 REVIEW.— 

13 (1) IN GENERAL.—The Administrator of the 

14 Federal Emergency Management Agency, the Assist15 ant Secretary, Office of Health Affairs, and the Na16 tional Metropolitan Medical Response System Work17 ing Group shall conduct a review of the Metropolitan 

18 Medical Response System Program authorized under 

19 section 525 of the Homeland Security Act of 2002, 

20 as added by subsection (b), including an examination 

21 of— 

22 (A) the goals and objectives of the Metro23 politan Medical Response System Program; 

24 (B) the extent to which the goals and ob25 jectives are being met; 


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1 (C) the performance metrics that can best 

2 help assess whether the Metropolitan Medical 

3 Response System Program is succeeding; 

4 (D) how the Metropolitan Medical Re5 sponse System Program can be improved; 

6 (E) how the Metropolitan Medical Re7 sponse System Program complements and en8 hances other preparedness programs supported 

9 by the Department of Homeland Security and 

10 the Department of Health and Human Services; 

11 (F) the degree to which the strategic goals, 

12 objectives, and capabilities of the Metropolitan 

13 Medical Response System Program are incor14 porated in State and local homeland security 

15 plans; 

16 (G) how eligibility for financial assistance, 

17 and the allocation of financial assistance, under 

18 the Metropolitan Medical Response System Pro19 gram should be determined, including how allo20 cation of assistance could be based on risk; 

21 (H) whether the Metropolitan Medical Re22 sponse System Program would be more effective 

23 if it were managed as a contractual agreement; 

24 and 


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1 (I) the resource requirements of the Metro2 politan Medical Response System Program. 

3 (2) REPORT.—Not later than 1 year after the 

4 date of enactment of this Act, the Administrator and 

5 the Assistant Secretary, Office of Health Affairs 

6 shall submit to the Committee on Homeland Secu7 rity of the House of Representatives and the Com8 mittee on Homeland Security and Governmental Af9 fairs of the Senate a report on the results of the re10 view under this subsection. 

11 (3) CONSULTATION.—The Administrator of the 

12 Federal Emergency Management Agency shall con13 sult with the Secretary of Health and Human Serv14 ices in the implementation of paragraph (1)(E). 

15 (4) DEFINITION.—In this subsection the term 

16 ‘‘National Metropolitan Medical Response System 

17 Working Group’’ has the meaning that term has in 

18 section 525 of the Homeland Security Act of 2002, 

19 as amended by this section. 

20 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

21 Section 635 of the Post-Katrina Management Reform Act 

22 of 2006 (6 U.S.C. 723) is repealed. 


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1 SEC. 905. TRANSPARENCY IN HOMELAND SECURITY GRANT 

2 FUNDING. 

3 (a) IN GENERAL.—The Assistant Administrator of 

4 the Grant Programs Directorate of the Federal Emer5 gency Management Agency shall establish the position of 

6 Authorization Liaison Officer to provide timely informa7 tion on all grants administered by the Federal Emergency 

8 Management Agency upon the request of the Committee 

9 on Homeland Security of the House of Representatives or 

10 the Committee on Homeland Security and Governmental 

11 Affairs of the Senate. The Authorization Liaison Officer 

12 shall report directly to the Assistant Administrator of the 

13 Grant Programs Directorate. 

14 (b) SUBMISSION OF REPORTS TO CONGRESS.—In ad15 dition to the information required under subsection (a), 

16 the Authorization Liaison Officer shall provide reports on 

17 not less than a semiannual basis and ensure, to the great18 est extent practicable, that such reports are submitted 

19 concurrently to the Committee on Homeland Security of 

20 the House of Representatives and the Committee on 

21 Homeland Security and Governmental Affairs of the Sen22 ate. 

23 (c) SCOPE OF REPORTS.—The Authorization Liaison 

24 Officer shall ensure, to the greatest extent practicable, 

25 that reports under subsection (b) include a full accounting 

26 of funds awarded by the Department under all homeland 


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1 security grant programs administered by the Federal 

2 Emergency Management Agency for the previous five fis3 cal years, ending with the year in which the report is pro4 vided, including— 

5 (1) the number and type of projects approved, 

6 by grantee; 

7 (2) the amount of funds awarded for each 

8 project; 

9 (3) the amount of funds available for each 

10 project; 

11 (4) the date on which those funds were made 

12 available; 

13 (5) the amount of funds not yet released by the 

14 Department, by project; and 

15 (6) the reasons funds have not been released, 

16 by project. 

17 SEC. 906. SENSE OF CONGRESS REGARDING INTEROPER18 ABILITY. 

19 (a) FINDINGS.—Congress finds the following: 

20 (1) The National Commission on Terrorist At21 tacks Upon the United States (in this section re22 ferred to as the ‘‘9/11 Commission’’) determined 

23 that the inability of first responders to communicate 

24 effectively on September 11, 2001 was a critical ob25 stacle to an effective multijurisdictional response. 


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1 (2) Over eight years have passed since the ter2 rorist attacks of September 11, 2001, and many ju3 risdictions across the country still experience dif4 ficulties communicating that may contribute to con5 fusion, delays, or added risks when responding to a 

6 terrorist attack or a natural disaster. 

7 (3) In the years since September 11, 2001, the 

8 need for a national wireless first responder inter9 operable communications network has remained, but 

10 the Nation has not yet completed building this vital 

11 resource for public safety. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that improving first responder interoperable commu14 nications and initiating the construction of a national 

15 wireless first responder interoperable communications net16 work should move forward as expeditiously as possible. 

17 SEC. 907. AUDIT OF THE NATIONAL LEVEL EXERCISE. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of enactment of this Act, the Inspector General of 

20 the Department of Homeland Security shall conduct— 

21 (1) an audit of expenses associated with the 

22 2010 National Level Exercise, including costs of 

23 planning for the initial exercise scenario; and 

24 (2) a review of whether the Federal Emergency 

25 Management Agency is incorporating lessons learned 


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1 from national exercises into training, planning, and 

2 other operations. 

3 (b) REPORT.—The Inspector General shall submit a 

4 report on the findings of the audit and review to the Com5 mittee on Homeland Security of the House of Representa6 tives and the Committee on Homeland Security and Gov7 ernmental Affairs in the Senate. 

8 SEC. 908. FEMA REPORT TO CONGRESS ON SOURCING AND 

9 DISTRIBUTION OF DISASTER RESPONSE 

10 GOODS AND SERVICES. 

11 Not later than 90 days after the date of enactment 

12 of this Act, the Administrator of the Federal Emergency 

13 Management Agency shall submit to Congress a report on 

14 the Agency’s progress in improving sourcing for disaster 

15 response goods and services, including on— 

16 (1) the adoption of a single-point ordering con17 cept as recommended by the Department of Home18 land Security Inspector General; 

19 (2) investment in information technology sys20 tems to support single-point ordering and make 

21 sourcing and supply movement transparent as rec22 ommended by the Department of Homeland Security 

23 Inspector General; 


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1 (3) development of an overarching strategy for 

2 the sourcing of disaster response goods and services; 

3 and 

4 (4) other steps taken by the Agency to promote 

5 efficiency in sourcing and distribution, and to elimi6 nate duplication and waste of essential goods and 

7 services during response to a disaster. 

8 TITLE X—SCIENCE AND 

9 TECHNOLOGY 

10 SEC. 1001. DEFINITIONS. 

11 In this title: 

12 (1) APPROPRIATE CONGRESSIONAL COM13 MITTEE.—The term ‘‘appropriate congressional com14 mittee’’ means the Committee on Homeland Security 

15 of the House of Representatives and any committee 

16 of the House of Representatives or the Senate hav17 ing legislative jurisdiction under the rules of the 

18 House of Representatives or Senate, respectively, 

19 over the matter concerned. 

20 (2) DIRECTORATE.—The term ‘‘Directorate’’ 

21 means the Directorate of Science and Technology of 

22 the Department. 

23 (3) UNDER SECRETARY.—The term ‘‘Under 

24 Secretary’’ means the Under Secretary for Science 

25 and Technology of the Department. 


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1 SEC. 1002. REFERENCES. 

2 Except as otherwise specifically provided, whenever in 

3 this title an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a provision, the ref5 erence shall be considered to be made to a provision of 

6 the Homeland Security Act of 2002 (6 U.S.C. 101 et 

7 seq.). 

8 Subtitle A—Authorization of 

9 Appropriations 

10 SEC. 1011. AUTHORIZATION OF APPROPRIATIONS. 

11 Of the amount authorized in section 201, there is au12 thorized to be appropriated to the Under Secretary 

13 $995,664,000 for fiscal year 2011 for the necessary ex14 penses of the Directorate. 

15 Subtitle B—Management and 

16 Administration 

17 SEC. 1021. RESEARCH PRIORITIZATION AND REQUIRE18 MENTS; PROFESSIONAL DEVELOPMENT; 

19 MILESTONES AND FEEDBACK. 

20 (a) IN GENERAL.—Subtitle D of title II (6 U.S.C. 

21 161 et seq.) is amended— 

22 (1) in the subtitle heading, by striking ‘‘Office 

23 of’’; and 

24 (2) in the heading for section 231, by inserting 

25 ‘‘OF SCIENCE AND TECHNOLOGY’’ after ‘‘OF26 FICE’’. 


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1 (b) CLERICAL AMENDMENTS.—The table of contents 

2 in section 1(b) is amended in the items relating to subtitle 

3 D of title II— 

4 (1) in the item relating to the heading for the 

5 subtitle, by striking ‘‘Office of’’; and 

6 (2) in the item relating to section 231, by strik7 ing ‘‘office’’ and inserting ‘‘Office of Science and 

8 Technology’’. 

9 SEC. 1022. TESTING, EVALUATION, AND STANDARDS. 

10 Section 308 (6 U.S.C. 188) is amended by adding 

11 at the end of the following new subsection: 

12 ‘‘(d) TEST, EVALUATION, AND STANDARDS DIVI13 SION.— 

14 ‘‘(1) ESTABLISHMENT.—There is established in 

15 the Directorate of Science and Technology a Test, 

16 Evaluation, and Standards Division. 

17 ‘‘(2) DIRECTOR.—The Test, Evaluation, and 

18 Standards Division shall be headed by a Director of 

19 Test, Evaluation, and Standards, who shall be ap20 pointed by the Secretary and report to the Under 

21 Secretary for Science and Technology. 

22 ‘‘(3) RESPONSIBILITIES, AUTHORITIES, AND

23 FUNCTIONS.—The Director of Test, Evaluation, and 

24 Standards— 


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1 ‘‘(A) is the principal adviser to the Sec2 retary, the Under Secretary of Management, 

3 and the Under Secretary for Science and Tech4 nology on all test and evaluation or standards 

5 activities in the Department; and 

6 ‘‘(B) shall— 

7 ‘‘(i) prescribe test and evaluation poli8 cies for the Department, which shall in9 clude policies to ensure that operational 

10 testing is done at facilities that already 

11 have relevant and appropriate safety and 

12 material certifications to the extent such 

13 facilities are available; 

14 ‘‘(ii) oversee and ensure that adequate 

15 test and evaluation activities are planned 

16 and conducted by or on behalf of compo17 nents of the Department in major acquisi18 tion programs of the Department, as des19 ignated by the Secretary, based on risk, 

20 acquisition level, novelty, complexity, and 

21 size of the acquisition program, or as oth22 erwise established in statute; 

23 ‘‘(iii) review major acquisition pro24 gram test reports and test data to assess 

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1 ties conducted by or on behalf of compo2 nents of the Department; and 

3 ‘‘(iv) review available test and evalua4 tion infrastructure to determine whether 

5 the Department has adequate resources to 

6 carry out its testing and evaluation respon7 sibilities, as established under this title. 

8 ‘‘(4) DEPUTY DIRECTOR OF OPERATIONAL TEST

9 AND EVALUATION.—Within the Division there shall 

10 be a Deputy Director of Operational Test and Eval11 uation, who— 

12 ‘‘(A) is the principal operational test and 

13 evaluation official for the Department; and 

14 ‘‘(B) shall— 

15 ‘‘(i) monitor and review the oper16 ational testing and evaluation activities 

17 conducted by or on behalf of components 

18 of the Department in major acquisition 

19 programs of the Department, as des20 ignated by the Secretary, based on risk, 

21 acquisition level, novelty, complexity, and 

22 size of the acquisition program, or as oth23 erwise established in statute; 

24 ‘‘(ii) provide the Department with 

25 independent and objective assessments of 


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1 the adequacy of testing and evaluation ac2 tivities conducted in support of major ac3 quisitions programs; and 

4 ‘‘(iii) have prompt and full access to 

5 test and evaluation documents, data, and 

6 test results of the Department that the 

7 Deputy Director considers necessary to re8 view in order to carry out the duties of the 

9 Deputy Director under this section. 

10 ‘‘(5) STANDARDS EXECUTIVE.—Within this Di11 vision, there shall be a Standards Executive as de12 scribed in Office of Management and Budget Cir13 cular A–119. The Standards Executive shall— 

14 ‘‘(A) implement the Department’s stand15 ards policy as described in section 102(g); and 

16 ‘‘(B) support the development and adop17 tion of voluntary standards in accordance with 

18 section 12(d) of the National Technology 

19 Transfer and Advancement Act of 1995 (15 

20 U.S.C. 272 note). 

21 ‘‘(6) LIMITATION.—The Division is not required 

22 to carry out operational testing. 

23 ‘‘(7) EVALUATION OF DEPARTMENT OF DE24 FENSE TECHNOLOGIES.—The Director of Test, 

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1 nologies currently in use or being developed by the 

2 Department of Defense to assess whether they can 

3 be leveraged to address homeland security capability 

4 gaps.’’. 

5 SEC. 1023. PEER REVIEW. 

6 (a) RESPONSIBILITIES AND AUTHORITIES OF THE

7 UNDER SECRETARY.—Section 302 (6 U.S.C. 183) is 

8 amended by striking ‘‘and’’ after the semicolon at the end 

9 of paragraph (13), by striking the period at the end of 

10 paragraph (14) and inserting ‘‘; and’’, and by adding at 

11 the end the following new paragraph: 

12 ‘‘(15) developing and overseeing the administra13 tion of guidelines for peer review of research and de14 velopment projects, including by— 

15 ‘‘(A) consulting with experts, including sci16 entists and practitioners, about the research 

17 and development conducted by the Directorate 

18 of Science and Technology; and 

19 ‘‘(B) performing ongoing independent, ex20 ternal, scientific peer review— 

21 ‘‘(i) initially at the division level; or 

22 ‘‘(ii) when divisions conduct multiple 

23 programs focused on significantly different 

24 subjects, at the program level.’’. 


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1 (b) REPORT.—The Secretary shall report to Congress 

2 not later than 60 days after the completion of the first 

3 review under section 302(15)(B) of the Homeland Secu4 rity Act of 2002, as amended by subsection (a) of this 

5 section on— 

6 (1) the findings of the review; and 

7 (2) any future efforts to ensure that the De8 partment’s research projects are peer reviewed, as 

9 appropriate. 

10 SEC. 1024. DIRECTORATE OF SCIENCE AND TECHNOLOGY 

11 STRATEGIC PLAN. 

12 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) 

13 is amended by adding at the end the following new section: 

14 ‘‘SEC. 318. STRATEGIC PLAN. 

15 ‘‘(a) REQUIREMENT FOR STRATEGIC PLAN.—Not 

16 later than 1 year after the date of enactment of this sec17 tion and every other year thereafter, the Under Secretary 

18 for Science and Technology shall prepare a strategic plan 

19 for the activities of the Directorate. 

20 ‘‘(b) CONTENTS.—The strategic plan required by 

21 subsection (a) shall be prepared in accordance with appli22 cable Federal requirements, and shall include the following 

23 matters: 

24 ‘‘(1) The long-term strategic goals of the Direc25 torate. 


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1 ‘‘(2) Identification of the research programs of 

2 the Directorate that support achievement of those 

3 strategic goals. 

4 ‘‘(3) The connection of the activities and pro5 grams of the Directorate to requirements or home6 land security capability gaps identified by customers 

7 within the Department and outside of the Depart8 ment, including the first responder community. 

9 ‘‘(4) The role of the Department’s risk analysis 

10 in the activities and programs of the Directorate. 

11 ‘‘(5) A technology transition strategy for the 

12 programs of the Directorate. 

13 ‘‘(6) A description of the policies of the Direc14 torate on the management, organization, and per15 sonnel of the Directorate. 

16 ‘‘(c) SUBMISSION OF PLAN TO CONGRESS.—The Sec17 retary shall submit to Congress any update to the stra18 tegic plan most recently prepared under subsection (a) at 

19 the same time that the President submits to Congress the 

20 budget for each even-numbered fiscal year.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 in section 1(b) is amended by adding at the end of the 

23 items relating to title III the following new item: 

‘‘Sec. 318. Strategic plan.’’. 


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1 Subtitle C—Directorate of Science 

2 and Technology Programs 

3 SEC. 1031. LIMITATIONS ON RESEARCH. 

4 Section 302(4) is amended by inserting after ‘‘extra5 mural programs,’’ the following: ‘‘that, to the greatest ex6 tent possible, addresses a prioritized risk to the homeland 

7 as identified by a risk analysis under section 226(e) of 

8 this Act’’. 

9 SEC. 1032. UNIVERSITY-BASED CENTERS. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Of the 

11 amount authorized by section 1011, there is authorized 

12 to be appropriated $40,000,000 for fiscal year 2011 to 

13 the Secretary to carry out the university-based centers 

14 program of the Department. 

15 (b) CRITERIA FOR DESIGNATION.—Section 

16 308(b)(2)(B)(iii) (6 U.S.C. 188(b)(2)(B)(iii)) is amended 

17 by inserting before the period at the end the following: 

18 ‘‘, including medical readiness training and research, and 

19 community resiliency for public health and healthcare crit20 ical infrastructure’’. 

21 (c) EXPLOSIVE COUNTERMEASURES OR DETEC22 TION.—Section 308(b)(2)(B)(iv) (6 U.S.C. 

23 188(b)(2)(B)(iv)) is amended by striking ‘‘and nuclear’’ 

24 and inserting ‘‘nuclear, and explosive’’. 


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1 SEC. 1033. REVIEW OF UNIVERSITY-BASED CENTERS. 

2 (a) GAO STUDY OF UNIVERSITY-BASED CENTERS.— 

3 Not later than 120 days after the date of enactment of 

4 this Act, the Comptroller General of the United States 

5 shall initiate a study to assess the university-based centers 

6 for homeland security program authorized by section 

7 308(b)(2) of the Homeland Security Act of 2002 (6 

8 U.S.C. 188(b)(2)), and provide recommendations to the 

9 appropriate congressional committees for appropriate im10 provements. 

11 (b) SUBJECT MATTERS.—The study under sub12 section (a) shall include the following: 

13 (1) A review of key areas of study needed to 

14 support the homeland security mission, and criteria 

15 that should be utilized to determine those key areas 

16 for which the Department should maintain, estab17 lish, or eliminate university-based centers. 

18 (2) A review of the method by which university19 based centers, federally funded research and develop20 ment centers, and Department of Energy national 

21 laboratories receive tasking from the Department, 

22 including a review of how university-based research 

23 is identified, prioritized, and funded. 

24 (3) A review of selection criteria for designating 

25 university-based centers and a weighting of such cri26 teria. 


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1 (4) An examination of the optimal organization 

2 and role of the university-based centers in sup3 porting the mission of the Directorate and the De4 partment components. 

5 (5) An identification of the most appropriate 

6 review criteria and metrics to measure demonstrable 

7 progress achieved by university-based centers in ful8 filling Department taskings, and mechanisms for de9 livering and disseminating the research results of 

10 designated university-based centers within the De11 partment and to other Federal, State, and local 

12 agencies. 

13 (6) An examination of the means by which aca14 demic institutions that are not designated or associ15 ated with the designated university-based centers 

16 can optimally contribute to the research mission of 

17 the Directorate. 

18 (7) An assessment of the interrelationship be19 tween the different university-based centers. 

20 (8) A review of any other essential elements of 

21 the programs determined in the conduct of the 

22 study. 

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1 rity prior to the completion of the Comptroller General’s 

2 review. 

3 SEC. 1034. DUAL-USE TERRORIST RISKS FROM SYNTHETIC 

4 GENOMICS. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that the field of synthetic genomics has the potential 

7 to facilitate enormous gains in fundamental discovery and 

8 biotechnological applications, but it also has inherent dual9 use homeland security risks that must be managed. 

10 (b) REQUIREMENT.—The Under Secretary shall ex11 amine and report to the appropriate congressional com12 mittees by not later than one year after the date of enact13 ment of this Act on the homeland security implications 

14 of the dual-use nature of synthetic genomics and, if the 

15 Under Secretary determines that such research is appro16 priate, may conduct research in that area, including— 

17 (1) determining the current capability of syn18 thetic nucleic acid providers to effectively differen19 tiate a legitimate customer from a potential terrorist 

20 or other malicious actor; 

21 (2) determining the current capability of syn22 thetic nucleic acid providers to effectively screen or23 ders for sequences of homeland security concern; 

24 and 


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1 (3) making recommendations regarding screen2 ing software, protocols, and other remaining capa3 bility gaps uncovered by the study. 

4 SEC. 1035. UNDERWATER TUNNEL SECURITY DEMONSTRA5 TION PROJECT. 

6 (a) IN GENERAL.—The Under Secretary, in consulta7 tion with the Assistant Secretary of the Transportation 

8 Security Administration, shall conduct a demonstration 

9 project to test and assess the feasibility and effectiveness 

10 of certain technologies to enhance the security of under11 water public transportation tunnels against terrorist at12 tacks involving the use of improvised explosive devices. 

13 (b) INFLATABLE PLUGS.—At least one of the tech14 nologies tested under subsection (a) shall be inflatable 

15 plugs that may be rapidly deployed to prevent flooding of 

16 an underwater public transportation tunnel. 

17 SEC. 1036. THREATS RESEARCH AND DEVELOPMENT. 

18 (a) IN GENERAL.—The Under Secretary, in carrying 

19 out responsibilities under section 302 of the Homeland Se20 curity Act of 2002 (6 U.S.C. 182), may support research, 

21 development, testing, evaluation, and transition of tech22 nology that increases the Nation’s preparedness against 

23 chemical and biological threats and strengthens the Na24 tion’s preparedness and collective response against those 

25 threats through improved threat awareness and advanced 


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1 surveillance, detection, and protective countermeasures, 

2 and to enhance the development of border security tech3 nology. 

4 (b) BIOLOGICAL SECURITY.—To carry out subsection 

5 (a), the Under Secretary may conduct research to develop 

6 understanding, technologies, and systems needed to pro7 tect against biological attacks on the Nation’s population 

8 or infrastructure, including— 

9 (1) providing advanced planning tools, concepts 

10 of operations (including alarm resolution protocols), 

11 and training exercises for responding to and recov12 ering from biological attacks; 

13 (2) developing biological assays and improved 

14 detection technology that will operate with faster de15 tection times, lower costs, and the potential for in16 creased geographical coverage to the Nation when 

17 compared to existing homeland security technologies; 

18 (3) characterizing threats posed by biological 

19 weapons, anticipating future threats, conducting 

20 comprehensive threat and risk assessments to guide 

21 prioritization of the Nation’s biodefense investments, 

22 and developing population threat assessments that 

23 inform the issuance of material threat determina24 tions; 


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1 (4) conducting bioforensics research in support 

2 of criminal investigations to aid attribution, appre3 hension, and prosecution of a terrorist or other per4 petrator of a biological attack, and providing tools 

5 and facilities that Federal law enforcement inves6 tigators need to analyze biological threat evidence re7 covered, including operation of the National Bio8 forensic Analysis Center; and 

9 (5) conducting appropriate research and studies 

10 that will increase our understanding of and uncer11 tainties associated with risk and threats posed by bi12 ological agents through the Biological Threat Char13 acterization Center and other means as determined 

14 by the Secretary. 

15 (c) AGRICULTURAL SECURITY.—The Under Sec16 retary may conduct research and development to enhance 

17 the protection of the Nation’s agriculture and food system 

18 against terrorist attacks, and other emergency events 

19 through enhancement of current agricultural counter20 measures, development of new agricultural counter21 measures, and provision of safe, secure, state-of-the-art 

22 biocontainment laboratories for researching foreign animal 

23 and zoonotic diseases, including— 

24 (1) developing technologies to defend the Na25 tion against the natural and intentional introduction 


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1 of selected foreign animal diseases, developing next2 generation vaccines and diagnostics in coordination 

3 with the Department of Agriculture, and modeling 

4 the spread of foreign animal diseases and their eco5 nomic impact to evaluate strategies for controlling 

6 outbreaks; and 

7 (2) leading the Department effort to enhance 

8 interagency coordination of research and develop9 ment of agricultural disease countermeasures. 

10 (d) CHEMICAL SECURITY.—The Under Secretary 

11 may develop technology to reduce the Nation’s vulner12 ability to chemical warfare agents and commonly used 

13 toxic industrial chemicals, including— 

14 (1) developing a robust and enduring analytical 

15 capability in support of chemical countermeasures 

16 development, including developing and validating fo17 rensic methodologies and analytical tools, conducting 

18 risk and vulnerability assessments based on chemical 

19 threat properties, and maintaining infrastructure in20 cluding the Chemical Security Analysis Center; 

21 (2) developing technology to detect a chemical 

22 threat release; and 

23 (3) developing technologies and guidance docu24 ments to foster a coordinated approach to returning 

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1 tion, and to foster analysis of contaminated areas 

2 both before and after the restoration process. 

3 (e) RISK ASSESSMENTS.— 

4 (1) IN GENERAL.—The Under Secretary shall 

5 produce risk assessments for biological and chemical 

6 threats, and shall coordinate with the Director of the 

7 Domestic Nuclear Detection Office of the Depart8 ment, the Assistant Secretary of the Office of 

9 Health Affairs of the Department, and the Assistant 

10 Secretary of Infrastructure Protection of the De11 partment on an integrated risk assessment, includ12 ing regarding chemical, biological, radiological, nu13 clear, and explosive threats. 

14 (2) USAGE.—The assessments required under 

15 paragraph (1) shall be used to inform and guide the 

16 threat assessments and determinations by the Sec17 retary of Homeland Security regarding agents and 

18 toxins pursuant to section 302(9) of the Homeland 

19 Security Act of 2002 (6 U.S.C. 182(9)), and to 

20 guide prioritization of other homeland defense activi21 ties, as appropriate. 

22 (3) TASK FORCE.—The Under Secretary for 

23 Science and Technology shall convene an interagency 

24 task force of relevant subject matter experts to as25 sess the proposed methodology to be used for each 


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1 assessment required under paragraph (1), and to 

2 provide recommendations to the Under Secretary as 

3 to the adequacy of such methodology. 

4 (f) BORDER SECURITY.—The Under Secretary may 

5 develop technology, in coordination with the Commissioner 

6 of Customs and Border Protection, to gain effective con7 trol of the international land borders of the United States 

8 within 5 years after the date of enactment of this Act. 

9 In carrying out such development activities, the Under 

10 Secretary shall ensure coordination and integration be11 tween new technologies developed and those already uti12 lized by U.S. Customs and Border Protection. 

13 SEC. 1037. MARITIME DOMAIN AWARENESS AND MARITIME 

14 SECURITY TECHNOLOGY TEST, EVALUATION, 

15 AND TRANSITION CAPABILITIES. 

16 (a) GLOBAL MARITIME DOMAIN AWARENESS AND

17 MARITIME SECURITY TECHNOLOGY TEST, EVALUATION, 

18 AND TRANSITION CAPABILITIES.— 

19 (1) ESTABLISHMENT.—The Secretary shall es20 tablish capabilities for conducting global maritime 

21 domain awareness and maritime security technology 

22 test, evaluation, and transition, as provided in this 

23 subsection. 

24 (2) PURPOSE.—The purpose of such capabili25 ties shall be to— 


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1 (A) direct technology test, evaluation, and 

2 transition activities in furtherance of border 

3 and maritime security; and 

4 (B) evaluate such technology in diverse en5 vironments including coastal, seaport, and off6 shore locations. 

7 (b) COORDINATION.—The Secretary, acting through 

8 the Under Secretary, shall ensure that— 

9 (1) technology test, evaluation, and transition 

10 efforts funded by the Department in furtherance of 

11 border and maritime security avoid duplication of ef12 forts, reduce unnecessary redundancies, streamline 

13 processes, increase efficiencies, and otherwise com14 plement existing Department and other efforts in 

15 border and maritime security; and 

16 (2) the results of such efforts are shared with 

17 the appropriate congressional committees and others 

18 as determined appropriate by the Secretary. 

19 SEC. 1038. RAPID BIOLOGICAL THREAT DETECTION AND 

20 IDENTIFICATION. 

21 (a) IN GENERAL.—Notwithstanding section 302(4) 

22 of the Homeland Security Act of 2002 (6 U.S.C. 182(4)), 

23 the Secretary shall require the Under Secretary, in con24 sultation with other relevant operational components of 

25 the Department, to assess whether the development of 


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1 screening capabilities for pandemic influenza and other in2 fectious diseases should be undertaken by the Directorate 

3 to support entry and exit screening at ports of entry and 

4 for other purposes. 

5 (b) DEVELOPMENT OF METHODS.—If the Under 

6 Secretary determines that the development of such screen7 ing capabilities should be undertaken, the Secretary shall, 

8 to the extent possible, initiate development of safe and ef9 fective methods to rapidly screen incoming travelers at 

10 ports of entry for pandemic influenza and other infectious 

11 diseases. 

12 (c) COLLABORATION.—In developing methods under 

13 subsection (b), the Secretary may collaborate with other 

14 Federal agencies, as appropriate. 

15 SEC. 1039. RURAL RESILIENCE INITIATIVE. 

16 (a) IN GENERAL.—The Under Secretary shall con17 duct research intended to assist State, local, and tribal 

18 leaders and the private sector in developing the tools and 

19 methods to enhance preparation for, and response and re20 silience to, terrorist events and other incidents. 

21 (b) INCLUDED ACTIVITIES.—Activities under this 

22 section may include— 

23 (1) research and implementation through out24 reach activities with rural communities; 


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1 (2) an examination of how communities employ 

2 resilience capabilities and response assets; 

3 (3) a community resilience baseline template for 

4 determining the resilience capacity of a rural com5 munity; 

6 (4) a plan to address community needs for re7 silience; 

8 (5) an education program for community lead9 ers and first responders about their resilience capac10 ity and mechanisms for mitigation, including via dis11 tance learning; and 

12 (6) a mechanism by which this research can 

13 serve as a model for adoption by communities across 

14 the Nation. 

15 SEC. 1040. HOMELAND SECURITY SCIENCE AND TECH16 NOLOGY FELLOWS PROGRAM. 

17 (a) IN GENERAL.—Title III of the Homeland Secu18 rity Act of 2002 (6 U.S.C. 181 et seq.) is further amended 

19 by adding at the end the following new section: 

20 ‘‘SEC. 319. HOMELAND SECURITY SCIENCE AND TECH21 NOLOGY FELLOWS PROGRAM. 

22 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

23 through the Under Secretary for Science and Technology, 

24 shall establish a fellows program, to be known as the 

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1 gram, under which the Under Secretary shall facilitate the 

2 temporary placement of scientists in relevant scientific or 

3 technological fields for up to two years in components of 

4 the Department with a need for scientific and techno5 logical expertise. 

6 ‘‘(b) UTILIZATION OF FELLOWS.— 

7 ‘‘(1) IN GENERAL.—Under the Program, the 

8 Under Secretary may employ fellows— 

9 ‘‘(A) for the use of the Directorate of 

10 Science and Technology; or 

11 ‘‘(B) for the use of Department compo12 nents outside the Directorate, under an agree13 ment with the head of such a component under 

14 which the component will reimburse the Direc15 torate for the costs of such employment. 

16 ‘‘(2) RESPONSIBILITIES.—Under such an 

17 agreement— 

18 ‘‘(A) the Under Secretary shall— 

19 ‘‘(i) solicit and accept applications 

20 from individuals who are currently enrolled 

21 in or who are graduates of post-graduate 

22 programs in scientific and engineering 

23 fields related to the promotion of securing 

24 the homeland, including— 


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1 ‘‘(I) biological, chemical, physical, 

2 behavioral, social, health, medical, and 

3 computational sciences; 

4 ‘‘(II) geosciences; 

5 ‘‘(III) all fields of engineering; 

6 and 

7 ‘‘(IV) such other disciplines as 

8 are determined relevant by the Sec9 retary; 

10 ‘‘(ii) screen applicant candidates and 

11 interview them as appropriate to ensure 

12 that they possess the appropriate level of 

13 scientific and engineering expertise and 

14 qualifications; 

15 ‘‘(iii) provide a list of qualified appli16 cants to the heads of Department compo17 nents seeking to utilize qualified fellows; 

18 ‘‘(iv) pay financial compensation to 

19 such fellows; 

20 ‘‘(v) coordinate with the Chief Secu21 rity Officer to facilitate and expedite provi22 sion of security clearances to fellows, as 

23 appropriate; and 


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1 ‘‘(vi) otherwise administer all aspects 

2 of the fellows’ employment with the De3 partment; and 

4 ‘‘(B) the head of the component utilizing 

5 the fellow shall— 

6 ‘‘(i) select a fellow from the list of 

7 qualified applicants provided by the Under 

8 Secretary; 

9 ‘‘(ii) reimburse the Under Secretary 

10 for the costs of employing the fellow se11 lected; and 

12 ‘‘(iii) be responsible for the day-to-day 

13 management of the fellow. 

14 ‘‘(c) APPLICATIONS FROM ASSOCIATIONS.—The 

15 Under Secretary may accept applications under subsection 

16 (b)(2)(A) that are submitted by science or policy associa17 tions on behalf of individuals whom such an association 

18 has determined may be qualified applicants under the pro19 gram.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in section 1(b) of such Act is further amended by adding 

22 at the end of the items relating to title III the following 

23 new item: 

‘‘Sec. 319. Homeland Security Science and Technology Fellows Program.’’. 


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1 SEC. 1041. BIOLOGICAL THREAT AGENT ASSAY EQUIVA2 LENCY. 

3 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) 

4 is further amended by adding at the end the following new 

5 section: 

6 ‘‘SEC. 320. BIOLOGICAL THREAT AGENT ASSAY EQUIVA7 LENCY PROGRAM. 

8 ‘‘(a) IN GENERAL.—To facilitate equivalent biological 

9 threat agent identification among federally operated bio10 monitoring programs, the Under Secretary, in consulta11 tion with the Director of the Centers for Disease Control 

12 and Prevention, may implement an assay equivalency pro13 gram for biological threat assays. 

14 ‘‘(b) FEATURES.—In order to establish assay per15 formance equivalency to support homeland security and 

16 public health security decisions, the program may— 

17 ‘‘(1) evaluate biological threat detection assays, 

18 their protocols for use, and their associated response 

19 algorithms for confirmation of biological threat 

20 agents, taking performance measures and concepts 

21 of operation into consideration; and 

22 ‘‘(2) develop assay equivalency standards based 

23 on the findings of the evaluation under paragraph 

24 (1). 

25 ‘‘(c) UPDATE.—The Under Secretary shall update 

26 the program as necessary. 


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1 ‘‘(d) IMPLEMENTATION.—The Secretary shall— 

2 ‘‘(1) require implementation of the standards 

3 developed under subsection (b)(2) for all Depart4 ment biomonitoring programs; and 

5 ‘‘(2) make such standards available to support 

6 all other Federal biomonitoring programs. 

7 ‘‘(e) ASSAY DEFINED.—In this section the term 

8 ‘assay’ means any scientific test that is— 

9 ‘‘(1) designed to detect the presence of a bio10 logical threat agent; and 

11 ‘‘(2) of a type selected under criteria estab12 lished by the Secretary.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 in section 1(b) is further amended by adding at the end 

15 of the items relating to title III the following new item: 

‘‘Sec. 320. Biological threat agent assay equivalency program.’’. 

16 SEC. 1042. STUDY OF FEASIBILITY AND BENEFIT OF EX17 PANDING OR ESTABLISHING PROGRAM TO 

18 CREATE A NEW CYBERSECURITY CAPACITY 

19 BUILDING TRACK AT CERTAIN INSTITUTIONS 

20 OF HIGHER EDUCATION. 

21 (a) IN GENERAL.—Within 90 days after the date of 

22 enactment of this Act, the Secretary, in coordination with 

23 the National Science Foundation, shall commission a 

24 study by a nonprofit research institution to determine the 

25 feasibility and potential benefit of expanding the Federal 


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1 Cyber Service Scholarship for Service Program, or estab2 lishing a parallel program, as methods to create a new 

3 cybersecurity or information assurance capacity building 

4 track at institutions of higher education that are not cur5 rently designated as a National Center of Academic Excel6 lence in Information Assurance Education or a National 

7 Center of Academic Excellence in Research. 

8 (b) SUBJECT MATTERS.—The study under sub9 section (a) shall include examinations of the following: 

10 (1) The feasibility and potential benefit of al11 lowing the following types of institutions into the ex12 isting Federal Cyber Service program: 

13 (A) Community colleges. 

14 (B) Institutions offering an undergraduate 

15 degree, graduate degree, or post-graduate de16 gree, but do not qualify under the existing pro17 gram. 

18 (C) Institutions offering a certificate or in19 dustry-recognized credential. 

20 (2) The feasibility and potential benefit of es21 tablishing a new program modeled after the Federal 

22 Cyber Service program to build capacity at— 

23 (A) community colleges; 

24 (B) institutions offering an undergraduate 

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1 gree, but do not qualify under the existing pro2 gram; or 

3 (C) institutions offering a certificate or in4 dustry-recognized credential. 

5 (3) The projected extent to which an expansion 

6 of the existing Federal Cyber Service program as de7 scribed in paragraph (1) would— 

8 (A) expand the availability of qualified in9 dividuals to work in information assurance and 

10 cybersecurity within the Department and other 

11 Federal, State, local, and tribal agencies, and 

12 the private sector; 

13 (B) encourage institutions of higher edu14 cation to develop a new information assurance 

15 or cybersecurity education undergraduate de16 gree programs, graduate degree programs, or 

17 programs conferring a certificate or industry18 recognized credential; 

19 (C) increase the number of students grad20 uating annually from existing information as21 surance or cybersecurity education under22 graduate degree programs, graduate degree 

23 programs, or programs conferring a certificate 

24 or industry-recognized credential; or 


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1 (D) improve existing information assur2 ance or cybersecurity education undergraduate 

3 degree programs, graduate degree programs, or 

4 programs conferring a certificate or industry5 recognized credential. 

6 (4) The projected extent to which the establish7 ment of a new program modeled after the Federal 

8 Cyber Service program as described in paragraph 

9 (2) would— 

10 (A) expand the availability of qualified in11 dividuals to work in information assurance and 

12 cybersecurity within the Department and other 

13 Federal, State, local, and tribal agencies, and 

14 the private sector; 

15 (B) encourage institutions of higher edu16 cation to develop a new information assurance 

17 or cybersecurity education undergraduate de18 gree programs, graduate degree programs, or 

19 programs conferring a certificate or industry20 recognized credential; 

21 (C) increase the number of students grad22 uating annually from existing information as23 surance or cybersecurity education under24 graduate degree programs, graduate degree 


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1 programs, or programs conferring a certificate 

2 or industry-recognized credential; or 

3 (D) improve existing information assur4 ance or cybersecurity education undergraduate 

5 degree programs, graduate degree programs, or 

6 programs conferring a certificate or industry7 recognized credential. 

8 (c) REPORT.—Not later than 30 days after receiving 

9 the findings of the study, the Secretary shall transmit the 

10 findings, together with any comments thereon by the Sec11 retary, to the appropriate congressional committees. 

12 SEC. 1043. ASSESSMENT, RESEARCH, TESTING, AND EVAL13 UATION OF TECHNOLOGIES TO MITIGATE 

14 THE THREAT OF SMALL VESSEL ATTACK. 

15 The Under Secretary may— 

16 (1) assess what technologies are available to 

17 mitigate the threat of small vessel attack in secure 

18 zones of ports, including the use of transponders or 

19 radio frequency identification devices to track small 

20 vessels; and 

21 (2) conduct research, testing, and evaluation of 

22 new technologies that might be capable of tracking 

23 small vessels. 

24 SEC. 1044. OTHER TRANSACTION AUTHORITY. 

25 Section 831 (6 U.S.C. 391) is amended— 


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1 (1) in subsection (a), by striking ‘‘2010,’’ and 

2 inserting 2011; 

3 (2) in subsection (a), by adding at the end the 

4 following new paragraph: 

5 ‘‘(3) PRIOR APPROVAL.—In any case in which 

6 the Under Secretary for Science and Technology in7 tends to exercise other transaction authority, the 

8 Under Secretary must receive prior approval from 

9 the Secretary after submitting to the Secretary a 

10 proposal that includes the rationale for why a grant 

11 or contract issued in accordance with the Federal 

12 Acquisition Regulation is not feasible or appropriate 

13 and the amount to be expended for such project. In 

14 such a case, the authority for evaluating the pro15 posal may not be delegated by the Secretary to any16 one other than the Under Secretary for Manage17 ment.’’; and 

18 (3) by redesignating subsection (e) as sub19 section (i), and by inserting after subsection (d) the 

20 following new subsections: 

21 ‘‘(e) ANNUAL REPORT ON EXERCISE OF OTHER

22 TRANSACTION AUTHORITY.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall submit 

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1 nual report on the exercise of other transaction au2 thority. 

3 ‘‘(2) CONTENT.—The report shall include the 

4 following: 

5 ‘‘(A) The subject areas in which research 

6 projects were conducted using other transaction 

7 authority. 

8 ‘‘(B) The extent of cost-sharing for such 

9 projects among Federal and non-Federal 

10 sources. 

11 ‘‘(C) The extent to which use of other 

12 transaction authority has addressed a homeland 

13 security capability gap identified by the Depart14 ment of Homeland Security. 

15 ‘‘(D) The total amount of payments, if 

16 any, that were received by the Federal Govern17 ment as a result of such exercise of other trans18 action authority during the period covered by 

19 the report. 

20 ‘‘(E) The rationale for using other trans21 action authority, including why grants or con22 tracts issued in accordance with the Federal 

23 Acquisition Regulation were not feasible or ap24 propriate. 


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1 ‘‘(F) the amount expended for each such 

2 project. 

3 ‘‘(f) TRAINING.—The Secretary shall develop a train4 ing program for acquisitions staff in the use of other 

5 transaction authority to help ensure the appropriate use 

6 of such authority. 

7 ‘‘(g) REVIEW AUTHORITY.—The exercise of other 

8 transaction authority shall be subject to review by the 

9 Comptroller General of the United States to ensure that 

10 an agency is not attempting to avoid the requirements of 

11 procurement statutes and regulations. 

12 ‘‘(h) OTHER TRANSACTION AUTHORITY DEFINED.— 

13 In this section the term ‘other transaction authority’ 

14 means authority under subsection (a).’’. 

15 SEC. 1045. NATIONAL URBAN SECURITY TECHNOLOGY LAB16 ORATORY. 

17 (a) IN GENERAL.—The National Urban Security 

18 Technology Laboratory (formerly the Environmental 

19 Measurements Laboratory) is authorized within the Direc20 torate for fiscal year 2011. 

21 (b) RESPONSIBILITIES.—The Under Secretary shall 

22 utilize the National Urban Security Technology Labora23 tory to test, evaluate, and analyze homeland security capa24 bilities and serve as a technical authority to first respond25 ers and State and local entities, including by— 


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1 (1) conducting test programs, pilots projects, 

2 demonstrations, and other forms of evaluations of 

3 homeland security technologies both in the field and 

4 in the laboratory; 

5 (2) applying knowledge of operational end-user 

6 environments and support for operational integration 

7 to technology development, including— 

8 (A) training; 

9 (B) exercises; 

10 (C) equipment; 

11 (D) tactics; 

12 (E) techniques; and 

13 (F) procedures; 

14 (3) representing interests and requirements be15 tween technology developers and operational end16 users; and 

17 (4) supporting development and use of home18 land security equipment and operational standards. 

19 Subtitle D—Domestic Nuclear 

20 Detection Office 

21 SEC. 1051. AUTHORIZATION OF APPROPRIATIONS. 

22 There is authorized to be appropriated for the Do23 mestic Nuclear Detection Office of the Department 

24 $305,840,000 for fiscal year 2011. 


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1 SEC. 1052. DOMESTIC NUCLEAR DETECTION OFFICE OVER2 SIGHT. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that the Directorate should conduct basic and inno5 vative research and nondevelopmental testing on behalf of 

6 the Domestic Nuclear Detection Office (in this section re7 ferred to as ‘‘DNDO’’), in order to advance next genera8 tion nuclear detection technologies. 

9 (b) INTERNAL REVIEW OF PROJECT SELECTION AND

10 EVALUATION METHODOLOGY.—Not later than 90 days 

11 after the date of enactment of this Act, the Director of 

12 the DNDO shall begin an internal review of the method13 ology by which research, development, testing, and evalua14 tion is identified, prioritized, and funded by the DNDO. 

15 In conducting such review, the Director shall consult with 

16 the Under Secretary and the heads of all operational com17 ponents of the Department that own, operate, or maintain 

18 nuclear or radiological detection technologies. 

19 (c) CONTENTS OF REVIEW.—In carrying out the re20 view under subsection (b), the Director of the DNDO 

21 shall— 

22 (1) identify the process by which basic and ap23 plied research and operational testing that should be 

24 conducted in concert and under agreement with the 

25 Directorate; 


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1 (2) describe the roles, responsibilities, common 

2 definitions, standard operating procedures, and deci3 sion process for research, development, testing, and 

4 evaluation activities; 

5 (3) describe and implement a transparent sys6 tem for tracking research, development, testing, and 

7 evaluation requirements; 

8 (4) describe and implement a mechanism to 

9 provide regular updates to components of the De10 partment on the progress of such research; 

11 (5) evaluate the degree to which needs of the 

12 operational components of the Department and 

13 State and local first responders are being adequately 

14 addressed by the existing project selection process, 

15 and if not, how such process can be improved; 

16 (6) establish a method to collect and evaluate 

17 Department component feedback; 

18 (7) utilize departmental matrices and systems 

19 to determine if technologies produced by the Direc20 torate have enhanced the ability of Department com21 ponents to perform their missions; 

22 (8) identify appropriate five-year levels of in23 vestment in basic and applied research and develop24 ment, in particular among the Department labora25 tories, federally funded research and development 


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1 centers, university-based centers, Department of En2 ergy national laboratories, and other Federal labora3 tories; 

4 (9) project balance of use of the entities re5 ferred to in paragraph (8) among the Directorate 

6 and other Department components; and 

7 (10) establish a formal merit review process, 

8 with external peer review where appropriate. 

9 (d) REPORT.—Not later than one year after the com10 pletion of the review required by subsection (b), the Direc11 tor of the DNDO shall submit to the Secretary and the 

12 appropriate congressional committees a report containing 

13 the findings of such review, together with information on 

14 the systems, methods, and mechanisms established, and 

15 recommendations for additional improvements. 

16 (e) UPDATES ON IMPLEMENTATION.—One hundred 

17 and twenty days after the date of enactment of this Act, 

18 and annually thereafter, the Inspector General of the De19 partment shall submit to the appropriate congressional 

20 committees an update on the status of implementation of 

21 this section and activities in support of such implementa22 tion. 


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1 SEC. 1053. STRATEGIC PLAN AND FUNDING ALLOCATIONS 

2 FOR GLOBAL NUCLEAR DETECTION ARCHI3 TECTURE. 

4 Not later than 180 days after the date of enactment 

5 of this Act, the Secretary shall submit to the appropriate 

6 congressional committees a report containing the fol7 lowing: 

8 (1) A strategic plan for the global nuclear de9 tection architecture to deter and detect the transport 

10 of nuclear or radioactive materials by all means pos11 sible, with specific focus on establishing the goals, 

12 objectives, and cost projections for the next five 

13 years, including a discussion of— 

14 (A) technological and nontechnological 

15 methods to increase detection capabilities; 

16 (B) the preventive nature of the global nu17 clear detection architecture, including projected 

18 impact on would-be terrorists; 

19 (C) detection capability enhancements for 

20 the various transportation modes, at ports of 

21 entry and between ports of entry; 

22 (D) balanced risk-based deployment of de23 tection assets across all border and other path24 ways; and 


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1 (E) any emerging threat vectors identified 

2 by the Director of the Domestic Nuclear Detec3 tion Office. 

4 (2) In consultation with the Secretary of De5 fense, the Secretary of Energy, the Secretary of 

6 State, the Nuclear Regulatory Commission, the In7 telligence Community, and the Attorney General, an 

8 analysis of overall budget allocations that determines 

9 whether Government-wide nuclear detection re10 sources clearly align with identified priorities to 

11 maximize results and minimize duplication of efforts. 

12 SEC. 1054. RADIATION PORTAL MONITOR ALTERNATIVES. 

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that in view of the Secretary’s decision not to certify 

15 advanced spectroscopic portal monitors for primary 

16 screening applications because they do not offer a signifi17 cant increase in operational effectiveness over existing 

18 technology, the Director must attempt to identify viable 

19 alternatives. 

20 (b) ANALYSIS AND REPORT.—The Director of the 

21 Domestic Nuclear Detection Office shall analyze and re22 port to the appropriate congressional committees by not 

23 later than 90 days after the date of enactment of this Act 

24 on both existing and developmental alternatives to existing 

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1 tal monitors that would provide the Department with a 

2 significant increase in operational effectiveness for pri3 mary screening for radioactive materials. 

4 Subtitle E—Clarifying Amendments 

5 SEC. 1061. FEDERALLY FUNDED RESEARCH AND DEVELOP6 MENT CENTERS. 

7 Section 305 (6 U.S.C. 184) is amended— 

8 (1) by inserting ‘‘(a) ESTABLISHMENT.—’’ be9 fore the first sentence; and 

10 (2) by adding at the end the following new sub11 sections: 

12 ‘‘(b) CONFLICTS OF INTEREST.—The Secretary shall 

13 review and revise, as appropriate, the policies of the De14 partment relating to personnel conflicts of interest to en15 sure that such policies specifically address employees of 

16 federally funded research and development centers estab17 lished under this section who are in a position to make 

18 or materially influence research findings or agency deci19 sionmaking. 

20 ‘‘(c) ANNUAL REPORTS.—Each federally funded re21 search and development center established under this sec22 tion shall transmit to the Secretary and appropriate con23 gressional committees an annual report on the activities 

24 of the center.’’. 


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1 SEC. 1062. ELIMINATION OF HOMELAND SECURITY INSTI2 TUTE. 

3 (a) REPEAL.—Section 312 (6 U.S.C. 192) is re4 pealed. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) is amended by striking the item relating 

7 to such section. 

8 SEC. 1063. GAO STUDY OF THE IMPLEMENTATION OF THE 

9 STATUTORY RELATIONSHIP BETWEEN THE 

10 DEPARTMENT AND THE DEPARTMENT OF EN11 ERGY NATIONAL LABORATORIES. 

12 (a) IN GENERAL.—Not later than 120 days after the 

13 date of the enactment of this Act, the Comptroller General 

14 of the United States shall— 

15 (1) conduct a study to assess the implementa16 tion of the statutory relationship between the De17 partment and the Department of Energy national 

18 laboratories, as established by section 309(a)(2) of 

19 the Homeland Security Act of 2002 (6 U.S.C. 

20 189(a)(2)); and 

21 (2) submit recommendations to the appropriate 

22 congressional committees for appropriate improve23 ments to such relationship. 

24 (b) STUDY SUBJECTS.—The study shall include the 

25 following: 


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1 (1) Review of how the Department and the De2 partment of Energy national laboratories— 

3 (A) communicate needs and capabilities; 

4 and 

5 (B) select projects to be performed by the 

6 Department of Energy national laboratories 

7 under such statutory relationship. 

8 (2) Review of contracting mechanisms that the 

9 Department and the Department of Energy national 

10 laboratories use to initiate and track work under 

11 such statutory relationship. 

12 (3) Review of the fraction of Department of 

13 Energy national laboratory work performed for the 

14 Department under such statutory relationship, com15 pared to other Department of Energy national lab16 oratory work performed for the Department on a 

17 ‘‘work for others’’ basis. 

18 (4) Review of the cost savings to the Depart19 ment and the Department of Energy achieved 

20 through use of such statutory relationship, compared 

21 to other Department of Energy national laboratory 

22 work performed for the Department on a ‘‘work for 

23 others’’ basis. 


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1 Subtitle F—Commission on the 

2 Protection of Critical Electric 

3 and Electronic Infrastructures 

4 SEC. 1071. COMMISSION ON THE PROTECTION OF CRITICAL 

5 ELECTRIC AND ELECTRONIC INFRASTRUC6 TURES. 

7 (a) ESTABLISHMENT.—There is established the Com8 mission on the Protection of Critical Electric and Elec9 tronic Infrastructures (in this section referred to as the 

10 ‘‘Commission’’). 

11 (b) PURPOSES.— 

12 (1) IN GENERAL.—The purposes of the Com13 mission are to— 

14 (A) assess vulnerabilities of electric and 

15 electronic infrastructures, including— 

16 (i) all components of the United 

17 States electric grid, including electricity 

18 generation, transmission, distribution and 

19 metering; and 

20 (ii) all computerized control systems 

21 used in all United States critical infra22 structure sectors; 

23 (B) provide a clear and comprehensive 

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1 tecting these critical electric and electronic in2 frastructures; and 

3 (C) test, evaluate, and report on specific 

4 mitigation protection and recovery devices or 

5 methods. 

6 (2) IN PARTICULAR.—The Commission shall 

7 give particular attention to threats that can disrupt 

8 or damage critical electric and electronic infrastruc9 tures, including— 

10 (A) cyber attacks or unintentional cyber 

11 disruption; 

12 (B) electromagnetic phenomena such as 

13 geomagnetically induced currents, intentional 

14 electromagnetic interference, and electro15 magnetic pulses caused by nuclear weapons; 

16 and 

17 (C) other physical attack, act of nature, or 

18 accident. 

19 (c) COMPOSITION OF COMMISSION.— 

20 (1) MEMBERS.—The Commission shall be com21 posed of 9 members, of whom— 

22 (A) 1 member shall be appointed by the 

23 Chairman of the House of Representatives 

24 Committee on Homeland Security; 


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1 (B) 1 member shall be appointed by the 

2 ranking minority member of the House of Rep3 resentatives Committee on Homeland Security; 

4 (C) 1 member shall be appointed by the 

5 Chairman of the House of Representatives 

6 Committee on Energy and Commerce; 

7 (D) 1 member shall be appointed by the 

8 ranking minority member of the House of Rep9 resentatives Committee on Energy and Com10 merce; 

11 (E) 1 member shall be appointed by the 

12 Chairman of the Senate Committee on Home13 land Security and Governmental Affairs; 

14 (F) 1 member shall be appointed by the 

15 ranking minority member of the Senate Com16 mittee on Homeland Security and Govern17 mental Affairs; 

18 (G) 1 member shall be appointed by the 

19 Chairman of the Senate Committee on Energy 

20 and Natural Resources; 

21 (H) 1 member shall be appointed by the 

22 ranking minority member of the Senate Com23 mittee on Energy and Natural Resources; and 

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1 pointed by the Speaker of the House of Rep2 resentatives with the concurrence of the Presi3 dent Pro Tempore of the Senate. 

4 (2) QUALIFICATIONS.—It is the sense of Con5 gress that individuals appointed to the Commission 

6 should be United States citizens, with significant 

7 depth of experience in electric and electronic infra8 structures, their function, and their protection, as 

9 well as the threats to these infrastructures as identi10 fied in subsection (b)(2). 

11 (3) DEADLINE FOR APPOINTMENT.—All mem12 bers of the Commission shall be appointed within 30 

13 days after the date of enactment of this Act. 

14 (4) INITIAL MEETING.—The Commission shall 

15 meet and begin the operations of the Commission as 

16 soon as practicable. 

17 (5) QUORUM; VACANCIES.—After its initial 

18 meeting, the Commission shall meet upon the call of 

19 the Chairman or a majority of its members. Six 

20 members of the Commission shall constitute a 

21 quorum. Any vacancy in the Commission shall not 

22 affect its powers, but shall be filled in the same 

23 manner in which the original appointment was 

24 made. 


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1 (d) RESPONSIBILITIES OF COMMISSION.—The Com2 mission shall address— 

3 (1) the quantification of the threats identified 

4 in subsection (b)(2) to the United States electric and 

5 electronic infrastructure, and a cost-benefit analysis 

6 of possible protection and recovery strategies; 

7 (2) the roles, missions, and structure of all rel8 evant Federal, State, and local government depart9 ments and agencies with responsibilities for ensuring 

10 protection and reliability for electric and electronic 

11 infrastructures; 

12 (3) the roles, missions, and structure of all rel13 evant private sector entities with responsibilities for 

14 ensuring protection and reliability for electric and 

15 electronic infrastructures; 

16 (4) inter-agency coordination between and 

17 among the entities identified in paragraphs (2) and 

18 (3); and 

19 (5) recommendations for protections and recov20 ery devices and measures. 

21 (e) POWERS OF COMMISSION.— 

22 (1) HEARINGS AND EVIDENCE.—The Commis23 sion or, on the authority of the Commission, any 

24 subcommittee or member thereof, may, for the pur25 pose of carrying out this section, hold such hearings 


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1 and sit and act at such times and places, take such 

2 testimony, receive such evidence, and administer 

3 such oaths as the Commission or such designated 

4 subcommittee or designated member may determine 

5 advisable. 

6 (2) CONTRACTING.—The Commission may, to 

7 such extent and in such amounts as are provided in 

8 appropriations Acts, enter into contracts to enable 

9 the Commission to discharge its duties under this 

10 subtitle. 

11 (3) STAFF OF COMMISSION.— 

12 (A) APPOINTMENT AND COMPENSATION.— 

13 The Chairman of the Commission, in accord14 ance with rules agreed upon by the Commis15 sion, may appoint and fix the compensation of 

16 a staff director and such other personnel as 

17 may be necessary to enable the Commission to 

18 carry out its functions, without regard to the 

19 provisions of title 5, United States Code, gov20 erning appointments in the competitive service, 

21 and without regard to the provisions of chapter 

22 51 and subchapter III of chapter 53 of such 

23 title relating to classification and General 

24 Schedule pay rates, except that no rate of pay 

25 fixed under this subsection may exceed the 


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1 equivalent of that payable for a position at level 

2 I of the Executive Schedule under section 5316 

3 of title 5, United States Code. 

4 (B) PERSONNEL AS FEDERAL EMPLOY5 EES.— 

6 (i) IN GENERAL.—The executive di7 rector and any employees of the Commis8 sion shall be employees under section 2105 

9 of title 5, United States Code, for purposes 

10 of chapters 63, 81, 83, 84, 85, 87, 89, and 

11 90 of that title. 

12 (ii) MEMBERS OF COMMISSION.—Sub13 paragraph (A) shall not be construed to 

14 apply to members of the Commission. 

15 (C) DETAILEES.—Any Federal Govern16 ment employee may be detailed to the Commis17 sion without reimbursement from the Commis18 sion, and such detailee shall retain the rights, 

19 status, and privileges of his or her regular em20 ployment without interruption. 

21 (D) CONSULTANT SERVICES.—The Com22 mission may procure the services of experts and 

23 consultants in accordance with section 3109 of 

24 title 5, United States Code, but at rates not to 

25 exceed the daily rate paid a person occupying a 


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1 position at level I of the Executive Schedule 

2 under section 5315 of title 5, United States 

3 Code. 

4 (E) SECURITY CLEARANCES.—The Chair5 man shall place an emphasis on hiring and re6 taining employees, contractors, and detailees 

7 with active security clearances. For employees 

8 who do not have security clearances but are de9 termined by the Chairman to need them, the 

10 Central Intelligence Agency, Department of En11 ergy, Department of Defense, and any other 

12 relevant agency shall expedite the necessary 

13 clearance processes. 

14 (F) FORMER EMP COMMISSION STAFF AND

15 RESOURCES.—The Chairman may make use of 

16 any existing and viable staff and resources pre17 viously employed by the Commission to Assess 

18 the Threat to the United States from Electro19 magnetic Pulse Attack established by section 

20 1401 of Public Law 106–398 (114 Stat. 

21 1654A–345). 

22 (4) INFORMATION FROM FEDERAL AGENCIES.— 

23 (A) IN GENERAL.—The Commission may 

24 secure directly from any executive department, 

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1 pendent establishment, or instrumentality of the 

2 Government, information, suggestions, esti3 mates, and statistics for the purposes of this 

4 section. Each department, bureau, agency, 

5 board, commission, office, independent estab6 lishment, or instrumentality shall, to the extent 

7 authorized by law, furnish such information, 

8 suggestions, estimates, and statistics directly to 

9 the Commission, upon request made by the 

10 Chairman, the chairman of any subcommittee 

11 created by a majority of the Commission, or 

12 any member designated by a majority of the 

13 Commission. 

14 (B) RECEIPT, HANDLING, STORAGE, AND

15 DISSEMINATION.—Information shall only be re16 ceived, handled, stored, and disseminated by 

17 members of the Commission and its staff con18 sistent with all applicable statutes, regulations, 

19 and Executive orders. 

20 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 

21 (A) GENERAL SERVICES ADMINISTRA22 TION.—The Administrator of General Services 

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1 port and other services for the performance of 

2 the Commission’s functions. 

3 (B) OTHER DEPARTMENTS AND AGEN4 CIES.—In addition to the assistance prescribed 

5 in paragraph (1), departments and agencies of 

6 the United States may provide to the Commis7 sion such services, funds, facilities, staff, and 

8 other support services as they may determine 

9 advisable and as may be authorized by law. 

10 (6) GIFTS.—The Commission may accept, use, 

11 and dispose of gifts or donations of services or prop12 erty. 

13 (7) POSTAL SERVICES.—The Commission may 

14 use the United States mails in the same manner and 

15 under the same conditions as departments and agen16 cies of the United States. 

17 (f) PUBLIC MEETINGS AND RELEASE OF PUBLIC

18 VERSIONS OF REPORTS.—The Commission shall— 

19 (1) hold public hearings and meetings to the ex20 tent appropriate; 

21 (2) release public versions of the report re22 quired under subsection (g); and 

23 (3) conduct any public hearing in a manner 

24 consistent with the protection of sensitive or classi25 fied information provided to or developed for or by 


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1 the Commission as required by any applicable stat2 ute, regulation, or Executive order. 

3 (g) REPORT.—Not later than 180 days after the ap4 pointment of the Commission, and annually thereafter, the 

5 Commission shall submit to the President and Congress 

6 a report containing such findings, conclusions, and rec7 ommendations for protection and recovery measures for 

8 electric and electronic infrastructures as have been agreed 

9 to by a majority of Commission members. 

10 (h) FUNDING.—Of the amounts authorized by section 

11 1011, there is authorized to be appropriated for the activi12 ties of the Commission under this section $4,000,000 for 

13 fiscal year 2011. 

14 Subtitle G—Securing the Cities 

15 Initiative 

16 SEC. 1081. SECURING THE CITIES INITIATIVE. 

17 (a) IN GENERAL.—Title XIX of the Homeland Secu18 rity Act of 2002 is amended by adding at the end the fol19 lowing new section: 

20 ‘‘SEC. 1908. AUTHORIZATION OF SECURING THE CITIES INI21 TIATIVE. 

22 ‘‘(a) FINDINGS.—Congress finds the following: 

23 ‘‘(1) The Securing the Cities Initiative of the 

24 Department uses next generation radiation detection 

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1 diological material in urban areas by terrorists or 

2 other unauthorized individuals. 

3 ‘‘(2) The technology used by partners in the Se4 curing the Cities Initiative leverages radiation detec5 tion technology used at ports of entry. 

6 ‘‘(3) The Securing the Cities Initiative has fos7 tered unprecedented collaboration and coordination 

8 among its Federal, State, and local partners. 

9 ‘‘(4) The Securing the Cities Initiative is a crit10 ical national capability to detect the dangerous intro11 duction of nuclear and radiological material. 

12 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated to the Secretary for the 

14 Securing the Cities Initiative such sums as may be nec15 essary for each fiscal year, including— 

16 ‘‘(1) of the amounts authorized by section 201 

17 of the Counterterrorism Enhancement and Depart18 ment of Homeland Security Authorization Act of 

19 2010 for each city in which it has been implemented 

20 by fiscal year 2009 $20,000,000 for fiscal year 

21 2011; 

22 ‘‘(2) not less than $10,000,000 in sustainment 

23 assistance for the cities referred to in paragraph (1) 

24 for each fiscal year thereafter; and 


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1 ‘‘(3) for additional Securing the Cities initia2 tives to be implemented in not fewer than 2 sites 

3 participating in the Urban Area Security Initiative, 

4 such sums as may be necessary each fiscal year to 

5 implement and sustain each additional initiative.’’. 

6 (b) CONFORMING AMENDMENT.—The table of con7 tents in section 1(b) of the Homeland Security Act of 

8 2002 is amended by inserting after the item relating to 

9 section 1907 the following new item: 

‘‘Sec. 1908. Authorization of Securing the Cities Initiative.’’. 

10 TITLE XI—MANAGEMENT 

11 IMPROVEMENTS 

12 SEC. 1101. DIRECT LINE AUTHORITY FOR CHIEF OPER13 ATING OFFICERS. 

14 (a) IN GENERAL.—Title VII of the Homeland Secu15 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 

16 adding at the end the following new section: 

17 ‘‘SEC. 708. CHIEF OPERATING OFFICERS. 

18 ‘‘(a) IN GENERAL.—The Chief Operating Officers of 

19 the Department include the following officials of the De20 partment: 

21 ‘‘(1) The Chief Financial Officer. 

22 ‘‘(2) The Chief Procurement Officer. 

23 ‘‘(3) The Chief Information Officer. 

24 ‘‘(4) The Chief Human Capital Officer. 

25 ‘‘(5) The Chief Administrative Officer. 


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1 ‘‘(6) The Chief Security Officer. 

2 ‘‘(b) DELEGATION.—The Secretary shall delegate to 

3 each Chief Operating Officer direct authority over that Of4 ficer’s counterparts in component agencies to ensure that 

5 the component agencies adhere to the laws, rules, regula6 tions, and departmental policies for which such Officer is 

7 responsible for implementing. In coordination with the 

8 head of the relevant component agency, such authorities 

9 shall include, with respect to the Officer’s counterparts 

10 within component agencies of the Department, the fol11 lowing: 

12 ‘‘(1) The authority to direct the activities of 

13 personnel. 

14 ‘‘(2) The authority to direct planning, oper15 ations, and training. 

16 ‘‘(3) The authority to direct the budget and 

17 other financial resources. 

18 ‘‘(c) COORDINATION WITH HEADS OF COMPONENT

19 AGENCIES.—In reporting to a Chief Operating Officer of 

20 the Department as required under subsection (b), a Chief 

21 Operating Officer of a component agency shall coordinate 

22 with the head of that component agency.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in section 1(b) of such Act is amended by inserting after 

25 the item relating to section 707 the following: 

‘‘Sec. 708. Chief Operating Officers.’’. 


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1 SEC. 1102. DEPARTMENT OF HOMELAND SECURITY HEAD2 QUARTERS CONSOLIDATION PROJECT. 

3 (a) FINDINGS.—Relating to the consolidation of the 

4 operations of the Department in a secure location, Con5 gress finds the following: 

6 (1) The Department of Homeland Security and 

7 its component headquarters facilities are currently 

8 scattered widely throughout the National Capital 

9 Region. 

10 (2) This geographic dispersal disrupts the De11 partment’s ability to operate in an efficient manner, 

12 and could impair its ability to prevent, deter, pre13 pare for, and respond to a terrorist attack, major 

14 disaster, or other emergency. 

15 (3) The Government Accountability Office con16 tinues to list ‘‘Implementing and Transforming the 

17 Department of Homeland Security’’ on its ‘‘High 

18 Risk List’’. 

19 (4) Consolidating the Department’s head20 quarters and component facilities, to the greatest ex21 tent practicable, would be an important step in fa22 cilitating the transformation and integration of the 

23 Department. 

24 (5) The General Services Administration has 

25 determined that the only site under the control of 

26 the Federal Government within the National Capital 


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1 Region with the size, capacity, and security features 

2 to meet the minimum consolidation needs of the De3 partment as identified in the National Capital Re4 gion Housing Master Plan of the Department sub5 mitted to the Congress on October 24, 2006, is the 

6 West Campus of St. Elizabeths Hospital in the Dis7 trict of Columbia. 

8 (b) CONSOLIDATION.— 

9 (1) IN GENERAL.—Notwithstanding any other 

10 provision of law and not later than the end of fiscal 

11 year 2016, the Secretary shall consolidate key head12 quarters offices and components of the Department, 

13 as determined by the Secretary, in accordance with 

14 this subsection. 

15 (2) ST. ELIZABETHS HOSPITAL.—The Secretary 

16 shall ensure that at the West Campus of St. Eliza17 beths Hospital in the District of Columbia, in a se18 cure setting, there are— 

19 (A) not less than 4,500,000 gross square 

20 feet of office space for use by the Department; 

21 and 

22 (B) all necessary parking and infrastruc23 ture to support approximately 14,000 employ24 ees. 

25 (3) OTHER MISSION SUPPORT ACTIVITIES.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 consolidate the physical location of all compo3 nents and activities of the Department in the 

4 National Capitol Region that do not relocate to 

5 the West Campus of St. Elizabeths Hospital to 

6 as few locations within the National Capital Re7 gion as possible. 

8 (B) LIMITATION.—The Secretary may only 

9 consolidate components and activities described 

10 in subparagraph (A) if the consolidation can be 

11 accomplished without negatively affecting the 

12 specific mission of the components or activities 

13 being consolidated. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated such sums as may be nec16 essary to carry out this section for fiscal year 2011. 

17 SEC. 1103. ACQUISITION PROFESSIONAL CAREER PRO18 GRAM. 

19 (a) IN GENERAL.—Title VII of the Homeland Secu20 rity Act of 2002 (6 U.S.C. 341 et seq.), is further amend21 ed by adding at the end the following new section: 

22 ‘‘SEC. 709. ACQUISITION PROFESSIONAL CAREER PRO23 GRAM. 

24 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab25 lish at the Department of Homeland Security an AcquisiVerDate Mar 15 2010 04:16 Jun 26, 2010 Jkt 089200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\H5590.IH H5590

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1 tion Professional Career Program for the recruitment, 

2 training, and retention of acquisition professionals for the 

3 Department of Homeland Security. 

4 ‘‘(b) PROGRAM.—The program established under 

5 subsection (a) shall include three single-year rotations 

6 through various headquarters and component acquisition 

7 and program offices to provide the experience and training 

8 necessary to attain the status of a journeyman level acqui9 sition professional. 

10 ‘‘(c) PARTICIPATION.—The Secretary may recruit 

11 and hire up to 100 interns for the program established 

12 under subsection (a) in each of fiscal years 2011 though 

13 2015.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents 

15 in section 1(b) of such Act is further amended by adding 

16 at the end of the items relating to such title the following 

17 new item: 

‘‘Sec. 709. Acquisition Professional Career Program.’’. 

18 SEC. 1104. ANNUITANTS FOR ACQUISITION POSITIONS. 

19 (a) DEFINITIONS.—For purposes of this section— 

20 (1) the term ‘‘procurement office’’ means the 

21 Office of Procurement Operations and any other 

22 procurement office within any agency or other com23 ponent of the Department; 

24 (2) the term ‘‘annuitant’’ means an annuitant 

25 under a Government retirement system; 


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1 (3) the term ‘‘Government retirement system’’ 

2 means a retirement system established by law for 

3 employees of the Government of the United States; 

4 and 

5 (4) the term ‘‘employee’’ has the meaning given 

6 such term by section 2105 of title 5, United States 

7 Code. 

8 (b) APPOINTMENT AUTHORITY.—The Secretary (act9 ing through the Chief Procurement Officer) may, for the 

10 purpose of supporting the Department’s acquisition capa11 bilities and enhancing contract management throughout 

12 the Department, appoint annuitants to positions in pro13 curement offices in accordance with succeeding provisions 

14 of this section. 

15 (c) NONCOMPETITIVE PROCEDURES; EXEMPTION

16 FROM OFFSET.—An appointment made under subsection 

17 (b) shall not be subject to the provisions of title 5, United 

18 States Code, governing appointments in the competitive 

19 service, and any annuitant serving pursuant to such an 

20 appointment shall be exempt from sections 8344 and 8468 

21 of such title 5 (relating to annuities and pay on reemploy22 ment) and any other similar provision of law under a Gov23 ernment retirement system. 

24 (d) LIMITATIONS.—No appointment under subsection 

25 (b) may be made if such appointment would result in the 


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1 displacement of any employee or would cause the total 

2 number of positions filled by annuitants appointed under 

3 such subsection to exceed 250 as of any time (determined 

4 on a full-time equivalent basis). 

5 (e) RULE OF CONSTRUCTION.—An annuitant as to 

6 whom an exemption under subsection (c) is in effect shall 

7 not be considered an employee for purposes of any Govern8 ment retirement system. 

9 (f) TERMINATION.—Upon the expiration of the 5- 

10 year period beginning on the date of the enactment of this 

11 Act— 

12 (1) any authority to make appointments under 

13 subsection (b) shall cease to be available; and 

14 (2) all exemptions under subsection (c) shall 

15 cease to be effective. 

16 SEC. 1105. ACQUISITION REVIEW BOARD. 

17 (a) IN GENERAL.—Title VII of the Homeland Secu18 rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 

19 by adding at the end the following: 

20 ‘‘SEC. 710. DEPARTMENT INVESTMENT REVIEW. 

21 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab22 lish a process for the review of proposed investments by 

23 the Department. 

24 ‘‘(b) PURPOSE.—The Secretary shall use the process 

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1 cisions, strengthen acquisition oversight, and improve re2 source management across the Department. 

3 ‘‘(c) BOARDS AND COUNCILS.— 

4 ‘‘(1) ESTABLISHMENT.—The Secretary shall es5 tablish a Department-wide Acquisition Review Board 

6 for the purpose of carrying out the investment re7 view process established under subsection (a). 

8 ‘‘(2) MEMBERSHIP.—The Secretary shall des9 ignate appropriate officers of the Department to 

10 serve on the Acquisition Review Board. 

11 ‘‘(3) SUBORDINATE BOARDS AND COUNCILS.— 

12 The Secretary may establish subordinate boards and 

13 councils reporting to the Acquisition Review Board 

14 to review certain categories of investments on a De15 partment-wide basis. 

16 ‘‘(d) INVESTMENT THRESHOLDS.—The Secretary 

17 shall establish threshold amounts for the review of invest18 ments by the Acquisition Review Board and any subordi19 nate boards and councils.’’. 

20 (b) REPORTING REQUIREMENTS.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 the date of enactment of this Act, the Secretary 

23 shall submit a report on the implementation of the 

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1 als, guidebooks, and other materials relevant to the 

2 implementation of the amendments made by this 

3 section to— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs of the Senate; and 

6 (B) the Committee on Homeland Security 

7 of the House of Representatives. 

8 (2) ANNUAL REPORT.— 

9 (A) IN GENERAL.—The Secretary shall 

10 submit an annual report on the activities of the 

11 Acquisition Review Board and subordinate 

12 boards and councils established within the De13 partment for the purpose of Department-wide 

14 investment review and acquisition oversight 

15 under section 710 of the Homeland Security 

16 Act of 2002, as added by this section, including 

17 detailed statistics on programs and activities re18 viewed, to— 

19 (i) the Committee on Homeland Secu20 rity and Governmental Affairs of the Sen21 ate; and 

22 (ii) the Committee on Homeland Se23 curity of the House of Representatives. 

24 (B) ANNUAL FINANCIAL REPORT.—The re25 port under this paragraph may be included as 


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1 part of the performance and accountability re2 port submitted by the Department under sec3 tion 3516(f) of title 31, United States Code. 

4 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

5 The table of contents in section 1(b) of the Homeland Se6 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

7 inserting after the item relating to section 709 the fol8 lowing: 

‘‘Sec. 710. Department investment review.’’. 

9 SEC. 1106. OFFICE OF INSPECTOR GENERAL. 

10 Of the amount authorized by section 201, there is 

11 authorized to be appropriated to the Secretary 

12 $129,806,000 for fiscal year 2011 for operations of the 

13 Office of the Inspector General of the Department of 

14 Homeland Security. 

15 SEC. 1107. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN 

16 EACH COMPONENT OF DEPARTMENT OF 

17 HOMELAND SECURITY. 

18 (a) ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN

19 EACH COMPONENT OF DEPARTMENT OF HOMELAND SE20 CURITY.— 

21 (1) IN GENERAL.—Subtitle C of title II of the 

22 Homeland Security Act of 2002 (6 U.S.C. 141 et 

23 seq.) is amended by inserting after section 222 the 

24 following new section: 


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1 ‘‘SEC. 222A. PRIVACY OFFICIALS. 

2 ‘‘(a) DESIGNATION.— 

3 ‘‘(1) IN GENERAL.—For each component of the 

4 Department under paragraph (2), the Secretary 

5 shall, in consultation with the head of the compo6 nent, designate a full-time privacy official, who shall 

7 report directly to the senior official appointed under 

8 section 222. Each such component privacy official 

9 shall have primary responsibility for its component 

10 in implementing the privacy policy for the Depart11 ment established by the senior official appointed 

12 under section 222. 

13 ‘‘(2) COMPONENTS.—The components of the 

14 Department referred to in this subparagraph are as 

15 follows: 

16 ‘‘(A) The Transportation Security Admin17 istration. 

18 ‘‘(B) The Bureau of Citizenship and Immi19 gration Services. 

20 ‘‘(C) Customs and Border Protection. 

21 ‘‘(D) Immigration and Customs Enforce22 ment. 

23 ‘‘(E) The Federal Emergency Management 

24 Agency. 

25 ‘‘(F) The Coast Guard. 


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1 ‘‘(G) The Directorate of Science and Tech2 nology. 

3 ‘‘(H) The Office of Intelligence and Anal4 ysis. 

5 ‘‘(I) The Directorate for National Protec6 tion and Programs. 

7 ‘‘(b) RESPONSIBILITIES.—Each privacy official des8 ignated under subsection (a) shall report directly to both 

9 the head of the official’s component and the senior official 

10 appointed under section 222, and shall have the following 

11 responsibilities with respect to the component: 

12 ‘‘(1) Serve as such senior official’s main point 

13 of contact at the component to implement the polices 

14 and directives of such senior official in carrying out 

15 section 222. 

16 ‘‘(2) Advise the head of that component on pri17 vacy considerations when any law, regulation, pro18 gram, policy, procedure, or guideline is proposed, de19 veloped, or implemented. 

20 ‘‘(3) Assure that the use of technologies by the 

21 component sustain or enhance privacy protections 

22 relating to the use, collection, and disclosure of per23 sonal information within the component. 

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1 cies in accordance with Federal privacy law and De2 partmental policies developed to ensure that the 

3 component protects the privacy of individuals af4 fected by its activities. 

5 ‘‘(5) Monitor the component’s compliance with 

6 all applicable Federal privacy laws and regulations, 

7 implement corrective, remedial, and preventive ac8 tions and notify the senior official appointed under 

9 section 222 of privacy issues or non-compliance, 

10 whenever necessary. 

11 ‘‘(6) Ensure that personal information con12 tained in Privacy Act systems of records is handled 

13 in full compliance with section 552a of title 5, 

14 United States Code. 

15 ‘‘(7) Assist in drafting and reviewing privacy 

16 impact assessments, privacy threshold assessments, 

17 and system of records notices, in conjunction with 

18 and under the direction of the senior official ap19 pointed under section 222, for any new or substan20 tially changed program or technology that collects, 

21 maintains, or disseminates personally identifiable in22 formation within the official’s component. 

23 ‘‘(8) Assist in drafting and reviewing privacy 

24 impact assessments, privacy threshold assessments, 

25 and system of records notices in conjunction with 


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1 and under the direction of the senior official ap2 pointed under section 222, for proposed rulemakings 

3 and regulations within the component. 

4 ‘‘(9) Conduct supervision of programs, regula5 tions, policies, procedures, or guidelines to ensure 

6 the component’s protection of privacy and, as nec7 essary, promulgate guidelines and conduct oversight 

8 to ensure the protection of privacy. 

9 ‘‘(10) Implement and monitor privacy training 

10 for component employees and contractors in coordi11 nation with the senior official appointed under sec12 tion 222. 

13 ‘‘(11) Provide the senior official appointed 

14 under section 222 with written materials and infor15 mation regarding the relevant activities of the com16 ponent, including privacy violations and abuse, that 

17 are needed by the senior official to successfully pre18 pare the reports the senior official submits to Con19 gress and prepares on behalf of the Department. 

20 ‘‘(12) Any other responsibilities assigned by the 

21 Secretary or the senior official appointed under sec22 tion 222. 

23 ‘‘(c) ROLE OF COMPONENT HEADS.—The head of a 

24 component identified in subsection (a)(2) shall ensure that 


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1 the privacy official designated under subsection (a) for 

2 that component— 

3 ‘‘(1) has the information, material, and re4 sources necessary to fulfill the responsibilities of 

5 such official under this section; 

6 ‘‘(2) is advised of proposed policy changes and 

7 the development of new programs, rules, regulations, 

8 procedures, or guidelines during the planning stage 

9 and is included in the decisionmaking process; and 

10 ‘‘(3) is given access to material and personnel 

11 the privacy official deems necessary to carry out the 

12 official’s responsibilities. 

13 ‘‘(d) LIMITATION.—Nothing in this section shall be 

14 considered to abrogate the role and responsibilities of the 

15 senior official appointed under section 222.’’. 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents in section 1(b) of such Act is amended by in18 serting after the item related to section 222 the fol19 lowing new item: 

‘‘Sec. 222A. Privacy officials.’’. 

20 SEC. 1108. HOMELAND SECURE DATA NETWORK. 

21 Of the funds authorized in section 201, $3,500,000 

22 is authorized for the purchase and deployment of the 

23 Homeland Secure Data Network computer systems to 

24 agencies within the Department. 


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1 SEC. 1109. CONGRESSIONAL ACCESS TO INFORMATION. 

2 (a) IN GENERAL.—The Homeland Security Act of 

3 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

4 section 4 the following new section: 

5 ‘‘SEC. 5. CONGRESSIONAL ACCESS TO INFORMATION, DOC6 UMENTS, ETC. 

7 ‘‘Unless specifically authorized by law, the Constitu8 tion of the United States, or the rules governing the con9 duct of the House of Representatives and the Senate, the 

10 Department may not withhold any information, document, 

11 report, or other media from an appropriate congressional 

12 committee, and may not impose any training requirements 

13 on the receipt of such information, document, report, or 

14 other media.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of such Act is amended by inserting after 

17 the item relating to section 4 the following new item: 

‘‘Sec. 5. Congressional access to information, documents, etc.’’. 

18 TITLE XII—MISCELLANEOUS 

19 PROVISIONS 

20 SEC. 1201. IMMUNITY FOR REPORTS OF SUSPECTED TER21 RORIST ACTIVITY OR SUSPICIOUS BEHAVIOR 

22 AND RESPONSE. 

23 (a) IN GENERAL.—Subtitle H of title VIII of the 

24 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

25 is amended by adding at the end the following: 


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1 ‘‘SEC. 890A. IMMUNITY FOR REPORTS OF SUSPECTED TER2 RORIST ACTIVITY OR SUSPICIOUS BEHAVIOR 

3 AND RESPONSE. 

4 ‘‘(a) IMMUNITY FOR REPORTS OF SUSPECTED TER5 RORIST ACTIVITY OR SUSPICIOUS BEHAVIOR AND RE6 SPONSE.— 

7 ‘‘(1) IN GENERAL.—Any person who, in good 

8 faith and based on objectively reasonable suspicion, 

9 makes, or causes to be made, a voluntary report of 

10 covered activity to an authorized official shall be im11 mune from civil liability under Federal, State, and 

12 local law for such report. 

13 ‘‘(2) FALSE REPORTS.—Paragraph (1) shall not 

14 apply to any report that the person knew to be false 

15 or was made with reckless disregard for the truth at 

16 the time that the person made that report. 

17 ‘‘(b) IMMUNITY FOR RESPONSE.— 

18 ‘‘(1) IN GENERAL.—Any authorized official who 

19 observes, or receives a report of, covered activity and 

20 takes reasonable action in good faith to respond to 

21 such activity shall have qualified immunity from civil 

22 liability for such action, consistent with applicable 

23 law in the relevant jurisdiction. An authorized offi24 cial as defined by subsection (d)(1)(A) not entitled 

25 to assert the defense of qualified immunity shall 

26 nonetheless be immune from civil liability under 


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1 Federal, State, and local law if such authorized offi2 cial takes reasonable action, in good faith, to re3 spond to the reported activity. 

4 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub5 section shall— 

6 ‘‘(A) affect the ability of any authorized of7 ficial to assert any defense, privilege, or immu8 nity that would otherwise be available; and 

9 ‘‘(B) be construed as affecting any such 

10 defense, privilege, or immunity. 

11 ‘‘(c) ATTORNEY FEES AND COSTS.—Any authorized 

12 official or other person found to be immune from civil li13 ability under this section shall be entitled to recover from 

14 the plaintiff all reasonable costs and attorney fees. 

15 ‘‘(d) DEFINITIONS.—In this section: 

16 ‘‘(1) AUTHORIZED OFFICIAL.—The term ‘au17 thorized official’ means— 

18 ‘‘(A) any officer, employee, or agent of the 

19 Federal Government with responsibility for pre20 venting, protecting against, disrupting, or re21 sponding to a covered activity; or 

22 ‘‘(B) any Federal, State, or local law en23 forcement officer. 

24 ‘‘(2) COVERED ACTIVITY.—The term ‘covered 

25 activity’ means any suspicious transaction, activity, 


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1 or occurrence indicating that an individual may be 

2 engaging, or preparing to engage, in a violation of 

3 law relating to an act of terrorism (as that term is 

4 defined in section 3077 of title 18, United States 

5 Code).’’. 

6 (b) AMENDMENT TO THE TABLE OF CONTENTS.— 

7 The table of contents for the Homeland Security Act of 

8 2002 is amended by inserting at the end of the items relat9 ing to subtitle H of title VIII the following new item: 

‘‘Sec. 890A. Immunity for reports of suspected terrorist activity or suspicious 

behavior and response.’’. 

10 SEC. 1202. HOMELAND SECURITY BIODEFENSE STRATEGY. 

11 (a) FINDINGS.—The Congress finds the following: 

12 (1) A major biological weapons attack on an 

13 unprotected population in the United States could 

14 cause significant morbidity and mortality, and could 

15 overwhelm the Nation’s public health capabilities 

16 and fiscal resources. 

17 (2) Although comprehensive interagency Fed18 eral biodefense assessments and strategy formula19 tions are necessary, such actions should also be 

20 taken at the departmental level, including at the De21 partment of Homeland Security. 

22 (3) Routine assessment of activities and capa23 bilities of the Department of Homeland Security 

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1 related research, development, planning, and pre2 paredness at the agency level, and serve as a critical 

3 component of a needed comprehensive Federal strat4 egy to prevent and respond to bioterror attacks. 

5 (4) An annual review that evaluates the 

6 progress of the Department of Homeland Security in 

7 implementing a biodefense strategy, identifies con8 tinuing gaps or vulnerabilities in its biodefense capa9 bilities, and makes recommendations for refining 

10 biodefense investments would allow for continued im11 provement of the strategy and an overall ability to 

12 ensure robustness in the homeland biodefense pos13 ture. 

14 (b) BIODEFENSE REVIEW AND STRATEGY.— 

15 (1) IN GENERAL.—The Homeland Security Act 

16 of 2002 (6 U.S.C. 101 et seq.) is amended by add17 ing at the end the following new title: 

18 ‘‘TITLE XXI—BIODEFENSE 

19 ‘‘SEC. 2201. BIODEFENSE STRATEGY. 

20 ‘‘(a) IN GENERAL.—The Secretary shall issue every 

21 three years a biodefense strategy that establishes detailed 

22 strategic biodefense objectives for the Department’s mis23 sion areas. 

24 ‘‘(b) COMPONENTS.—The strategy shall— 


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1 ‘‘(1) delineate those areas of biodefense for 

2 which the Department is explicitly responsible; 

3 ‘‘(2) include an inventory of the Department’s 

4 biodefense capabilities and assets; 

5 ‘‘(3) be sufficiently detailed to guide 

6 prioritization of Department investments in and 

7 strategic approach to biodefense-related research, 

8 development, planning, and preparedness; and 

9 ‘‘(4) include an implementation plan to enable 

10 the Department to carry out the strategic objectives 

11 contained in the strategy. 

12 ‘‘(c) ANNUAL REVIEW.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall annu14 ally review the most recent biodefense strategy under 

15 this section to determine any necessary major ad16 justments to the strategy. 

17 ‘‘(2) CONSIDERATION OF BIODEFENSE POL18 ICY.—Each review shall— 

19 ‘‘(A) identify continuing gaps or vulnera20 bilities in the Department’s biodefense posture; 

21 ‘‘(B) make recommendations for refining 

22 the Department’s biodefense investments; and 

23 ‘‘(C) include a detailed analysis of how well 

24 the implementation plan included in the most 

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1 partment to meet the objectives of the bio2 defense strategy, with special emphasis on 

3 unmet objectives and proposed mechanisms to 

4 eliminate shortfalls in meeting those objectives, 

5 through budgetary, management, or other re6 finements. 

7 ‘‘SEC. 2202. SUBMISSIONS TO CONGRESS. 

8 ‘‘The Secretary shall submit each biodefense strategy 

9 and annual biodefense strategy review under this title to 

10 the appropriate congressional committees.’’. 

11 (2) CLERICAL AMENDMENT.—The table of con12 tents in section 1(b) of such Act is amended by add13 ing at the end the following new items: 

‘‘TITLE XXI—BIODEFENSE 

‘‘Sec. 2201. Biodefense strategy. 

‘‘Sec. 2202. Submissions to Congress.’’. 

14 (c) DEADLINE FOR FIRST STRATEGY.—The Sec15 retary of Homeland Security shall complete the first bio16 defense strategy under section 2201 of the Homeland Se17 curity Act of 2002, as amended by this section, by not 

18 later than 1 year after the date of enactment of this Act. 

19 SEC. 1203. CIVIL LIABILITY FOR DISCLOSURE OF PRO20 TECTED SECURITY INFORMATION. 

21 (a) IN GENERAL.—Title VIII of the Homeland Secu22 rity Act of 2002 is amended— 

23 (1) by repealing sections 893 through 899; and 


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1 (2) by inserting after section 892 the following 

2 new section: 

3 ‘‘SEC. 893. CIVIL LIABILITY FOR DISCLOSURE OF PRO4 TECTED SECURITY INFORMATION. 

5 ‘‘(a) IN GENERAL.—Any person who willfully dis6 closes, in whole or in part, protected security information 

7 without authorization from the Department may be held 

8 liable to the United States for— 

9 ‘‘(1) the actual damages and profits that result 

10 from the disclosure; or 

11 ‘‘(2) in the alternative of actual damages and 

12 profits, an award of statutory damages for all disclo13 sures of the protected security information, in a sum 

14 of not less than $750 per disclosure and not more 

15 than $150,000. 

16 ‘‘(b) PARTIAL DISCLOSURES.—For the purposes of 

17 this section, each disclosure of protected security informa18 tion taken from a larger work shall constitute a separate 

19 disclosure. 

20 ‘‘(c) DISSEMINATION USING THE INTERNET.—For 

21 the purposes of this subsection, each download of pro22 tected security information shall constitute a separate dis23 closure. 

24 ‘‘(d) LIMITATIONS ON LIABILITY RELATING TO MA25 TERIAL ONLINE.— 


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1 ‘‘(1) ESTABLISHMENT OF A SAFE HARBOR.— 

2 Not later than 180 days after the date of enactment 

3 of this section, and prior to the commencement of 

4 any action to impose liability under this section, the 

5 Secretary shall establish safe harbor protections that 

6 exempt an Internet service provider from a penalty 

7 under this section for any disclosure of information 

8 made through a system or network controlled or op9 erated by or for an Internet service provider, or 

10 through the intermediate and transient storage of 

11 the information via the Internet, if— 

12 ‘‘(A) the transmission or storage of the in13 formation was initiated by a person other than 

14 the Internet service provider; 

15 ‘‘(B) the Internet service provider does not 

16 have actual knowledge of the sensitivity of the 

17 information; 

18 ‘‘(C) the transmission, routing, provision of 

19 connections, or storage is carried out through 

20 an automatic technical process without selection 

21 of the information by the Internet service pro22 vider; 

23 ‘‘(D) the Internet service provider does not 

24 select the recipients of the information except 


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1 as an automatic response to the request of an2 other person; 

3 ‘‘(E) no copy of the information made by 

4 the Internet service provider in the course of 

5 such intermediate or transient storage is main6 tained on the system or network in a manner 

7 ordinarily accessible to anyone other than an8 ticipated recipients, and no such copy is main9 tained on the system or network in a manner 

10 ordinarily accessible to such anticipated recipi11 ents for a longer period than is reasonably nec12 essary for the transmission, routing, or provi13 sion of connections; 

14 ‘‘(F) the information is transmitted 

15 through the system or network without modi16 fication of its content; and 

17 ‘‘(G) upon notice from the Department, 

18 the Internet service provider responds expedi19 tiously to remove or disable access to the infor20 mation. 

21 ‘‘(2) REQUIREMENT OF NOTICE PROVISIONS.— 

22 In the safe harbor protections under this subsection, 

23 the Secretary shall include guidance regarding how 

24 any person seeking to avoid liability through the safe 


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1 harbor protections will receive notification of having 

2 posted protected security information. 

3 ‘‘(e) NO PUBLIC INTEREST DEFENSE.—It is not a 

4 defense against liability under this section that an unau5 thorized disclosure of protected security information was 

6 for the purpose of public criticism, comment, news report7 ing, teaching, scholarship, or research. 

8 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec9 tion preempts, abrogates, diminishes, or weakens any Fed10 eral or State law addressing the protection of protected 

11 security information or other sensitive information against 

12 unauthorized disclosures. 

13 ‘‘(g) DEFINITIONS.—In this section: 

14 ‘‘(1) PROTECTED SECURITY INFORMATION.— 

15 The term ‘protected security information’— 

16 ‘‘(A) means information or material des17 ignated by the Department of Homeland Secu18 rity and clearly marked or clearly represented, 

19 pursuant to the provisions of a statute or Exec20 utive order (or a regulation or order issued pur21 suant to a statute or Executive order), as re22 quiring a specific degree of protection against 

23 unauthorized disclosure for reasons of national 

24 or homeland security; and 


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1 ‘‘(B) includes information protected from 

2 disclosure under— 

3 ‘‘(i) section 550 of the Homeland Se4 curity Appropriations Act, 2007 (Public 

5 Law 109–295; 6 U.S.C. 121 note); 

6 ‘‘(ii) section 214 of this Act; or 

7 ‘‘(iii) section 114(r) of title 49, United 

8 States Code. 

9 ‘‘(2) DISCLOSE AND DISCLOSURE.—The terms 

10 ‘disclose’ and ‘disclosure’ mean any dissemination, 

11 republication, reproduction, copying, replication, 

12 transmission, storage, downloading, routing, or con13 veyance in any manner that makes information 

14 available to another person.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of such Act is amended by striking the 

17 items relating to sections 893 through 899 and inserting 

18 the following new item: 

‘‘Sec. 893. Civil liability for disclosure of protected security information.’’. 

19 SEC. 1204. CONTINUATION OF AUTHORITY FOR FEDERAL 

20 LAW ENFORCEMENT TRAINING CENTER TO 

21 APPOINT AND MAINTAIN A CADRE OF FED22 ERAL ANNUITANTS. 

23 Section 1202(a) of the 2002 Supplemental Appro24 priations Act for Further Recovery From and Response 

25 To Terrorist Attacks on the United States (42 U.S.C. 


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1 3771 note) is amended in the first sentence by striking 

2 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

3 2013’’. 

4 SEC. 1205. RURAL POLICING INSTITUTE; RURAL AREA DE5 FINED. 

6 For purposes of section 210C of the Homeland Secu7 rity Act of 2002 (6 U.S.C. 124j), a rural area shall also 

8 include any area that is located in a metropolitan statis9 tical area and a county, borough, parish, or area under 

10 the jurisdiction of an Indian tribe with a population of 

11 not more than 50,000. 

12 SEC. 1206. CHIEF VETERINARY OFFICER. 

13 (a) IN GENERAL.—Title III of the Homeland Secu14 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

15 adding at the end the following new section: 

16 ‘‘SEC. 317. CHIEF VETERINARY OFFICER. 

17 ‘‘(a) IN GENERAL.—There is in the Department a 

18 Chief Veterinary Officer, who shall be appointed by the 

19 Secretary. The Chief Veterinary Officer shall report di20 rectly to the Chief Medical Officer, unless an individual 

21 other than the Assistant Secretary for Health Affairs is 

22 serving as the Chief Medical Officer, in which case the 

23 Chief Veterinary Officer shall report directly to the Assist24 ant Secretary for Health Affairs. 


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1 ‘‘(b) QUALIFICATIONS.—The individual appointed as 

2 Chief Veterinary Officer shall be a veterinarian who pos3 sesses a demonstrated ability in and knowledge of veteri4 nary public health and emergency preparedness, and other 

5 professional experience as determined by the Secretary, 

6 such as in agriculture, food defense, and disaster medi7 cine. 

8 ‘‘(c) RESPONSIBILITIES.—The Chief Veterinary Offi9 cer shall be the head of the division of the Department 

10 with primary responsibility for veterinary issues, food de11 fense, and agriculture security, and shall have primary re12 sponsibility within the Department for responsibilities re13 lating to veterinary medicine and veterinary public health, 

14 including each of the following: 

15 ‘‘(1) Serving as the principal authority in the 

16 Department responsible for advising the Secretary, 

17 in coordination with the Assistant Secretary for 

18 Health Affairs, on veterinary public health, food de19 fense, and agricultural security issues. 

20 ‘‘(2) Providing guidance for the health and wel21 fare of the Department’s working animals, including 

22 those used to enhance transportation, border, and 

23 maritime security, and for other purposes. 

24 ‘‘(3) Leading the Department’s policy initiatives 

25 relating to food, animal, and agricultural incidents, 


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1 and the impact of such incidents on animal and pub2 lic health. 

3 ‘‘(4) Leading the Department’s policy initiatives 

4 relating to overall domestic preparedness for and col5 lective response to agricultural terrorism. 

6 ‘‘(5) Serving as the principal point of contact in 

7 the Office of Health Affairs for all veterinary pre8 paredness and response research and development. 

9 ‘‘(6) Serving as the principal point of contact in 

10 the Office of Health Affairs for sharing homeland 

11 security veterinary medical information with Depart12 ment officials, including all components with veteri13 nary, food, or agricultural interests. 

14 ‘‘(7) Serving as the principal point of contact 

15 within the Department with respect to veterinary 

16 homeland security issues for the Department of Ag17 riculture, the Department of Defense, the Depart18 ment of Health and Human Services, and other 

19 Federal departments and agencies. 

20 ‘‘(8) Serving as the principal point of contact 

21 within the Department with respect to veterinary 

22 homeland security issues for State, local, and tribal 

23 governments, the veterinary community, and other 

24 entities within and outside the Department. 


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1 ‘‘(9) Performing such other duties relating to 

2 such responsibilities as the Secretary may require. 

3 ‘‘(d) ADVANCE NOTICE OF REORGANIZATION RE4 QUIRED.—Not later than 180 days before carrying out 

5 any reorganization within the Department that would af6 fect any responsibility of the Chief Veterinary Officer, the 

7 Secretary shall submit to the appropriate congressional 

8 committees a report on the proposed reorganization.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of such Act is amended by adding at the 

11 end of the items relating to title III the following new 

12 item: 

‘‘Sec. 317. Chief Veterinary Officer.’’. 

Æ 


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