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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5590 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Counterterrorism 
Enhancement and Department of Homeland Security Authorization Act of 
2010''.
    (b) Table of Contents.--The table of contents for 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.
                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.
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.
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.
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

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.
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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Cyber.--The term ``cyber'' means--
                    (A) any process, program, or protocol relating to 
                the use of the Internet or an Intranet, automatic data 
                processing or transmission, or telecommunication via 
                the Internet or an Intranet; and
                    (B) any matter relating to, or involving the use 
                of, computers or computer networks.
            (2) Cyber attack.--The term ``cyber attack'' means any 
        unauthorized access or use of a cyber system or network, 
        whether or not directed against a specific entity or entities, 
        that--
                    (A) alters, copies, misappropriates, corrupts, 
                destroys, disrupts, deletes, damages, prevents, 
                restricts, or hinders access to a cyber system or 
                network;
                    (B) results in the disclosure of private or 
                confidential information stored on a cyber system or 
                network;
                    (C) results in the disclosure of private or 
                confidential information stored on a cyber system or 
                network; or
                    (D) results in theft of data or information.
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) International borders.--The term ``international 
        borders'' means the international boundary lines on both the 
        northern and southern borders of the United States.
            (5) Internet.--The term ``Internet'' has the meaning given 
        that term by section 4(4) of the High Performance Computing Act 
        of 1991 (15 U.S.C. 5503(4)).
            (6) National critical information systems and network.--The 
        term ``national critical infrastructure information systems and 
        networks'' means--
                    (A) Federal Government information systems and 
                networks; and
                    (B) any State, local, or nongovernmental 
                information systems and networks in the United States 
                that is designated by the President as national 
                critical infrastructure information systems and 
                networks.
            (7) National incident.--The term ``national incident'' 
        means an occurrence that actually or potentially jeopardizes 
        national critical infrastructure information systems and 
        networks or the information processed, stored, or transmitted 
        by those systems and networks.
            (8) Network.--The term ``network'' has the meaning given 
        that term by section 4(5) of the High Performance Computing Act 
        of 1991 (15 U.S.C. 5503(5)).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

    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.

    None of the funds made available to the Department of Justice may 
be used to prosecute an individual who was detained at Naval Station, 
Guantanamo Bay, Cuba, on or after January 22, 2009, in a criminal court 
located in the United States or in any territory or possession of the 
United States.

SEC. 102. PRESIDENTIAL CERTIFICATION.

    (a) Sense of Congress.--It is the sense of Congress that 
individuals currently detained at Guantanamo should not be transferred 
or released into the sovereign territory of the United States.
    (b) Requirements Relating to the Transfer or Release of Individuals 
Currently Detained at Guantanamo to Sovereign Territory of United 
States.--
            (1) Prohibition.--The President or the President's designee 
        may not transfer or release an individual currently detained at 
        Guantanamo to any State unless 60 days prior to the transfer or 
        release the President or the President's designee completes the 
        requirements in paragraphs (2) and (3).
            (2) Governor and state legislature approval.--The 
        requirement under this paragraph is that--
                    (A) the President or the President's designee 
                submits to the Governor and legislature of the State to 
                which the President intends to transfer or release an 
                individual currently detained at Guantanamo 
                certification in writing (together with supporting 
                documentation and justification) that the individual 
                does not pose a security risk to the United States; and
                    (B) after receiving the certification pursuant to 
                subparagraph (A), the Governor and State legislature of 
                that State consent to the transfer or release of the 
                individual covered under this section.
            (3) Presidential notification and certification 
        requirement.--The requirement under this paragraph is that the 
        President submits to Congress, in writing, the following 
        information:
                    (A) The name of any individual to be transferred or 
                released.
                    (B) The location and the installation in the United 
                States where the individual will be transferred or 
                released.
                    (C) A justification for why that location was 
                selected.
                    (D) The findings of an analysis carried out by the 
                President describing any risk to the national security 
                of the United States or the residents of the United 
                States that is posed by the transfer or release.
                    (E) A certification that the President has 
                mitigated any risk described in subparagraph (D).
                    (F) A certification that the President has 
                completed the requirements of paragraph (2).
                    (G) A certification that the President's transfer 
                or release under paragraph (1) of an individual covered 
                by this section will not adversely affect the Federal 
                Government's ability to prosecute individuals covered 
                under this subsection.
                    (H) The findings of an analysis carried out by the 
                President describing any adverse effect such transfer 
                or release will have on the ability of the Federal 
                Government to prosecute individuals covered under this 
                subsection.
                    (I) A certification that the President's transfer 
                or release under paragraph (1) of an individual covered 
                by this subsection will not adversely affect the 
                Federal Government's ability to detain individuals 
                covered under this subsection.
                    (J) The findings of an analysis carried out by the 
                President describing any adverse affect such transfer 
                or release will have on the ability of the Federal 
                Government to detain individuals covered under this 
                subsection.
                    (K) A certification that the President's transfer 
                or release under paragraph (1) of an individual covered 
                by this subsection will not result in the release of 
                individuals covered under this subsection into the 
                United States.
                    (L) The findings of an analysis carried out by the 
                President describing how the Federal Government will 
                ensure the transfer or release described in 
                subparagraph (K) will not result in the release of 
                individuals covered under this subsection into the 
                United States.
    (c) Definitions.--For purposes of this section, the terms 
``individual currently detained at Guantanamo'' and ``individual 
covered by this subsection'' have the meaning given such terms under 
section 1(c) of Executive Order 13492.

SEC. 103. PROVISION OF CLASSIFIED FILES.

    (a) In General.--The President shall submit to the Committee on 
Homeland Security of the House of Representatives copies of all 
classified files related to, in whole or in part, every detainee 
transferred from the detention center at United States Naval Station, 
Guantanamo Bay, Cuba, to the United States or to a foreign country on 
or after January 20, 2009.
    (b) Timeframe.--
            (1) Detainees transferred before date of enactment.--
        Information required to be submitted under subsection (a) that 
        is related to detainees transferred during the period beginning 
        on January 20, 2009, and ending on the date of the enactment of 
        this Act shall be submitted to the Committee on Homeland 
        Security of the House of Representatives by not later than 60 
        days after such date of enactment.
            (2) Detainees transferred after date of enactment.--
        Information required to be submitted under subsection (a) that 
        is related to detainees transferred after the date of the 
        enactment of this Act shall be submitted to the Committee on 
        Homeland Security of the House of Representatives every 90 days 
        after the initial submission of information under paragraph 
        (1).
    (c) Sunset.--The requirements of this section shall terminate on 
the date that is 180 days after the date on which the last individual 
detained at the detention center United States Naval Station, 
Guantanamo Bay, Cuba, is transferred to any location outside of such 
Naval Station.

SEC. 104. ENSURING THE COLLECTION OF CRITICAL INTELLIGENCE.

    (a) Requirement for Consultation.--
            (1) In general.--
                    (A) Prosecution.--Before any officer or employee of 
                the Department of Justice institutes any prosecution of 
                an alien in a United States district court for a 
                terrorist offense, the Attorney General, Deputy 
                Attorney General, or Assistant Attorney General for the 
                Criminal Division, shall consult with the Director of 
                National Intelligence and the Secretary of Defense 
                about whether the prosecution should take place in a 
                United States district court or before a military 
                commission under chapter 47A of title 10, United States 
                Code.
                    (B) Interrogation.--Before any officer or employee 
                of the Department of Justice engages in any 
                interrogation of an alien in a criminal investigation 
                or prosecution of a terrorist offense, the Attorney 
                General, Deputy Attorney General, or Assistant Attorney 
                General for the Criminal Division, shall consult with 
                the Director of National Intelligence, the Director of 
                the Central Intelligence Agency, the Secretary of 
                Homeland Security, and the Secretary of Defense about 
                how to proceed in that interrogation so as to enable 
                each such official to carry out that official's 
                responsibilities in a manner consistent with national 
                security.
            (2) Definitions.--In this subsection--
                    (A) the term ``terrorist offense'' means any 
                offense for which the defendant could be tried by a 
                military commission under chapter 47A of title 10, 
                United States Code; and
                    (B) the term ``alien'' means any person who is not 
                a citizen of the United States.

SEC. 105. REPORT ON THE HIGH VALUE DETAINEE INTERROGATION GROUP.

    (a) Report.--The Attorney General, in consultation with the 
Director of the Central Intelligence Agency, the Director of National 
Intelligence, the Secretary of Defense, and the Secretary of Homeland 
Security, shall submit to the Chairman and Ranking Minority Member of 
the Committee on Homeland Security of the House of Representatives 
regular classified reports on the High Value Detainee Interrogation 
Group.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) the number of occasions on which and the locations 
        where the High Value Detainee Interrogation Group was deployed;
            (2) the interrogation tactics and procedures used by the 
        High Value Detainee Interrogation Group; and
            (3) a description of any analytical intelligence products 
        produced as a result of the intelligence collected during the 
        interrogations and operations of the High Value Interrogation 
        Group.
    (c) Timeframe.--The reports required under subsection (a) shall be 
submitted not later than 6 months after the date of enactment of this 
Act and every 6 months thereafter until December 31, 2016.

SEC. 106. COVERT AGENT IDENTITY PROTECTION.

    (a) Investigation.--The Inspectors General of the Department of 
Defense and the Central Intelligence Agency shall conduct an 
investigation into possible violations of title VI of the National 
Security Act of 1947 (50 U.S.C. 421 et seq.) at the Detention Center at 
United States Naval Station, Guantanamo Bay, Cuba. The investigation 
shall be completed not later than one year after the date of the 
enactment of this Act
    (b) Report.--Not later than 30 days after the completion of the 
investigation under subsection (a), the Inspectors General of the 
Department of Defense and the Central Intelligence Agency shall submit 
to Congress a report on the findings of the investigation. The report 
shall be in unclassified form, but may contain a classified annex.

SEC. 107. SPECIAL INTERAGENCY TASK FORCE ON DETAINEE DISPOSITION.

    The Secretary of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives all documents and 
correspondence, including electronic correspondence, related to the 
Secretary's role in the President's Special Interagency Task Force on 
Detainee Disposition established pursuant to Executive Order 13493.

SEC. 108. THREAT ASSESSMENT RELATING TO TRANSFER OF GUANTANAMO 
              DETAINEES TO THE UNITED STATES OR ITS TERRITORIES.

    (a) Threat Assessment.--The Secretary of Homeland Security, in 
coordination with the heads of related Federal agencies and in 
consultation with relevant State, local, and tribal law enforcement 
agencies, shall conduct a terrorist threat assessment on the risk posed 
by the transfer of any individual who is detained, as of the date of 
the enactment of this Act, at the detention center at United States 
Naval Station, Guantanamo Bay, Cuba, to the United States or its 
territories.
    (b) Contents.--The assessment required under subsection (a) shall 
include--
            (1) an assessment of the effect on homeland security of 
        such a transfer of any such individual, including whether the 
        risk of a terrorist attack against a facility or location 
        housing detainees or hosting civilian trials or military 
        commissions in the United States or its territories would 
        increase; and
            (2) a determination of the monetary costs associated with 
        the transfer, detention, and civilian trial or military 
        commission of any such individual to the United States or its 
        territories.
    (c) Completion and Submission.--The assessment required under 
subsection (a) shall be completed and submitted to the Committee on 
Homeland Security of the House of Representatives not later than 60 
days after the date of the enactment of this Act.

SEC. 109. HABEAS CORPUS.

    Section 2241(e)(1) of title 28, United States Code, is amended by 
inserting after ``detained by the United States'' the following: 
``outside the territory of the United States or of United States Naval 
Station, Guantanamo Bay, Cuba, and''.

SEC. 110. VIOLENT RADICALIZATION AND HOMEGROWN TERRORISM PREVENTION.

    (a) Prevention of Violent Radicalization and Homegrown Terrorism.--
            (1) In general.--Title VIII of the Homeland Security Act of 
        2002 (6 U.S.C. 361 et seq.) is amended by adding at the end the 
        following new subtitle:

   ``Subtitle J--Prevention of Violent Radicalization and Homegrown 
                               Terrorism

``SEC. 899A. DEFINITIONS.

    ``For purposes of this subtitle:
            ``(1) Commission.--The term `Commission' means the National 
        Commission on the Prevention of Violent Radicalization and 
        Homegrown Terrorism established under section 899C.
            ``(2) Violent radicalization.--The term `violent 
        radicalization' means the process of adopting or promoting an 
        extremist belief system for the purpose of facilitating 
        ideologically based violence to advance political, religious, 
        or social change.
            ``(3) Homegrown terrorism.--The term `homegrown terrorism' 
        means the use, planned use, or threatened use, of force or 
        violence by a group or individual born, raised, or based and 
        operating primarily within the United States or any possession 
        of the United States to intimidate or coerce the United States 
        Government, the civilian population of the United States, or 
        any segment thereof, in furtherance of political or social 
        objectives.
            ``(4) Ideologically based violence.--The term 
        `ideologically based violence' means the use, planned use, or 
        threatened use of force or violence by a group or individual to 
        promote the group or individual's political, religious, or 
        social beliefs.

``SEC. 899B. FINDINGS.

    ``The Congress finds the following:
            ``(1) The development and implementation of methods and 
        processes that can be utilized to prevent violent 
        radicalization, homegrown terrorism, and ideologically based 
        violence in the United States is critical to combating domestic 
        terrorism.
            ``(2) The promotion of violent radicalization, homegrown 
        terrorism, and ideologically based violence exists in the 
        United States and poses a threat to homeland security.
            ``(3) The Internet has aided in facilitating violent 
        radicalization, ideologically based violence, and the homegrown 
        terrorism process in the United States by providing access to 
        broad and constant streams of terrorist-related propaganda to 
        United States citizens.
            ``(4) While the United States must continue its vigilant 
        efforts to combat international terrorism, it must also 
        strengthen efforts to combat the threat posed by homegrown 
        terrorists based and operating within the United States.
            ``(5) Understanding the motivational factors that lead to 
        violent radicalization, homegrown terrorism, and ideologically 
        based violence is a vital step toward eradicating these threats 
        in the United States.
            ``(6) Preventing the potential rise of self-radicalized, 
        unaffiliated terrorists domestically cannot be easily 
        accomplished solely through traditional Federal intelligence or 
        law enforcement efforts, and can benefit from the incorporation 
        of State and local efforts.
            ``(7) Individuals prone to violent radicalization, 
        homegrown terrorism, and ideologically based violence span all 
        races, ethnicities, and religious beliefs, and individuals 
        should not be targeted based solely on race, ethnicity, or 
        religion.
            ``(8) Any measure taken to prevent violent radicalization, 
        homegrown terrorism, and ideologically based violence and 
        homegrown terrorism in the United States should not violate the 
        constitutional rights, civil rights, or civil liberties of 
        United States citizens or lawful permanent residents.
            ``(9) Certain governments, including the United Kingdom, 
        Canada, and Australia have significant experience with 
        homegrown terrorism and the United States can benefit from 
        lessons learned by those nations.

``SEC. 899C. NATIONAL COMMISSION ON THE PREVENTION OF VIOLENT 
              RADICALIZATION AND IDEOLOGICALLY BASED VIOLENCE.

    ``(a) Establishment.--There is established within the legislative 
branch of the Government the National Commission on the Prevention of 
Violent Radicalization and Homegrown Terrorism.
    ``(b) Purpose.--The purposes of the Commission are the following:
            ``(1) Examine and report upon the facts and causes of 
        violent radicalization, homegrown terrorism, and ideologically 
        based violence in the United States, including United States 
        connections to non-United States persons and networks, violent 
        radicalization, homegrown terrorism, and ideologically based 
        violence in prison, individual or `lone wolf' violent 
        radicalization, homegrown terrorism, and ideologically based 
        violence, and other faces of the phenomena of violent 
        radicalization, homegrown terrorism, and ideologically based 
        violence that the Commission considers important.
            ``(2) Build upon and bring together the work of other 
        entities and avoid unnecessary duplication, by reviewing the 
        findings, conclusions, and recommendations of--
                    ``(A) the Center of Excellence established or 
                designated under section 899D, and other academic work, 
                as appropriate;
                    ``(B) Federal, State, local, or tribal studies of, 
                reviews of, and experiences with violent 
                radicalization, homegrown terrorism, and ideologically 
                based violence; and
                    ``(C) foreign government studies of, reviews of, 
                and experiences with violent radicalization, homegrown 
                terrorism, and ideologically based violence.
    ``(c) Composition of Commission.--The Commission shall be composed 
of 10 members appointed for the life of the Commission, of whom--
            ``(1) one member shall be appointed by the President from 
        among officers or employees of the executive branch and private 
        citizens of the United States;
            ``(2) one member shall be appointed by the Secretary;
            ``(3) one member shall be appointed by the majority leader 
        of the Senate;
            ``(4) one member shall be appointed by the minority leader 
        of the Senate;
            ``(5) one member shall be appointed by the Speaker of the 
        House of Representatives;
            ``(6) one member shall be appointed by the minority leader 
        of the House of Representatives;
            ``(7) one member shall be appointed by the Chairman of the 
        Committee on Homeland Security of the House of Representatives;
            ``(8) one member shall be appointed by the ranking minority 
        member of the Committee on Homeland Security of the House of 
        Representatives;
            ``(9) one member shall be appointed by the Chairman of the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate; and
            ``(10) one member shall be appointed by the ranking 
        minority member of the Committee on Homeland Security and 
        Governmental Affairs of the Senate.
    ``(d) Chair and Vice Chair.--The Commission shall elect a Chair and 
a Vice Chair from among its members.
    ``(e) Qualifications.--Individuals shall be selected for 
appointment to the Commission solely on the basis of their professional 
qualifications, achievements, public stature, experience, and expertise 
in relevant fields, including behavioral science, constitutional law, 
corrections, counterterrorism, cultural anthropology, education, 
information technology, intelligence, juvenile justice, local law 
enforcement, organized crime, Islam and other world religions, or 
sociology.
    ``(f) Deadline for Appointment.--All members of the Commission 
shall be appointed no later than 60 days after the date of enactment of 
this subtitle.
    ``(g) Quorum and Meetings.--The Commission shall meet and begin the 
operations of the Commission not later than 30 days after the date on 
which all members have been appointed or, if such meeting cannot be 
mutually agreed upon, on a date designated by the Speaker of the House 
of Representatives. Each subsequent meeting shall occur upon the call 
of the Chair or a majority of its members. A majority of the members of 
the Commission shall constitute a quorum, but a lesser number may hold 
meetings.
    ``(h) Authority of Individuals To Act for Commission.--Any member 
of the Commission may, if authorized by the Commission, take any action 
that the Commission is authorized to take under this Act.
    ``(i) Powers of Commission.--The powers of the Commission shall be 
as follows:
            ``(1) In general.--
                    ``(A) Hearings and evidence.--The Commission or, on 
                the authority of the Commission, any subcommittee or 
                member thereof, may, for the purpose of carrying out 
                this section, hold hearings and sit and act at such 
                times and places, take such testimony, receive such 
                evidence, and administer such oaths as the Commission 
                considers advisable to carry out its duties.
                    ``(B) Contracting.--The Commission may, to such 
                extent and in such amounts as are provided in 
                appropriation Acts, enter into contracts to enable the 
                Commission to discharge its duties under this section.
            ``(2) Information from federal agencies.--
                    ``(A) In general.--The Commission may request 
                directly from any executive department, bureau, agency, 
                board, commission, office, independent establishment, 
                or instrumentality of the Government, information, 
                suggestions, estimates, and statistics for the purposes 
                of this section. The head of each such department, 
                bureau, agency, board, commission, office, independent 
                establishment, or instrumentality shall, to the extent 
                practicable and authorized by law, furnish such 
                information, suggestions, estimates, and statistics 
                directly to the Commission, upon request made by the 
                Chair of the Commission, by the chair of any 
                subcommittee created by a majority of the Commission, 
                or by any member designated by a majority of the 
                Commission.
                    ``(B) Receipt, handling, storage, and 
                dissemination.--The Committee and its staff shall 
                receive, handle, store, and disseminate information in 
                a manner consistent with the operative statutes, 
                regulations, and Executive orders that govern the 
                handling, storage, and dissemination of such 
                information at the department, bureau, agency, board, 
                commission, office, independent establishment, or 
                instrumentality that responds to the request.
    ``(j) Assistance From Federal Agencies.--
            ``(1) General services administration.--The Administrator 
        of General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            ``(2) Other departments and agencies.--In addition to the 
        assistance required under paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, and staff as they may 
        determine advisable and as may be authorized by law.
    ``(k) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.
    ``(l) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.
    ``(m) Public Meetings.--
            ``(1) In general.--The Commission shall hold public 
        hearings and meetings to the extent appropriate.
            ``(2) Protection of information.--Any public hearings of 
        the Commission shall be conducted in a manner consistent with 
        the protection of information provided to or developed for or 
        by the Commission as required by any applicable statute, 
        regulation, or Executive order including subsection (i)(2)(B).
    ``(n) Staff of Commission.--
            ``(1) Appointment and compensation.--The Chair of the 
        Commission, in consultation with the Vice Chair and in 
        accordance with rules adopted by the Commission, may appoint 
        and fix the compensation of a staff director and such other 
        personnel as may be necessary to enable the Commission to carry 
        out its functions, without regard to the provisions of title 5, 
        United States Code, governing appointments in the competitive 
        service, and without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that no 
        rate of pay fixed under this subsection may exceed the maximum 
        rate of pay for GS-15 under the General Schedule.
            ``(2) Staff expertise.--Individuals shall be selected for 
        appointment as staff of the Commission on the basis of their 
        expertise in one or more of the fields referred to in 
        subsection (e).
            ``(3) Personnel as federal employees.--
                    ``(A) In general.--The executive director and any 
                employees of the Commission shall be employees under 
                section 2105 of title 5, United States Code, for 
                purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 
                of that title.
                    ``(B) Members of commission.--Subparagraph (A) 
                shall not be construed to apply to members of the 
                Commission.
            ``(4) Detailees.--Any Federal Government employee may be 
        detailed to the Commission without reimbursement from the 
        Commission, and during such detail shall retain the rights, 
        status, and privileges of his or her regular employment without 
        interruption.
            ``(5) Consultant services.--The Commission may procure the 
        services of experts and consultants in accordance with section 
        3109 of title 5, United States Code, but at rates not to exceed 
        the daily rate paid a person occupying a position at level IV 
        of the Executive Schedule under section 5315 of title 5, United 
        States Code.
            ``(6) Emphasis on security clearances.--The Commission 
        shall make it a priority to hire as employees and retain as 
        contractors and detailees individuals otherwise authorized by 
        this section who have active security clearances.
    ``(o) Commission Personnel Matters.--
            ``(1) Compensation of members.--Each member of the 
        Commission who is not an employee of the Government shall be 
        compensated at a rate not to exceed the daily equivalent of the 
        annual rate of basic pay in effect for a position at level IV 
        of the Executive Schedule under section 5315 of title 5, United 
        States Code, for each day during which that member is engaged 
        in the actual performance of the duties of the Commission.
            ``(2) Travel expenses.--While away from their homes or 
        regular places of business in the performance of services for 
        the Commission, members of the Commission shall be allowed 
        travel expenses, including per diem in lieu of subsistence, at 
        rates authorized for employees of agencies under subchapter I 
        of chapter 57 of title 5, United States Code, while away from 
        their homes or regular places of business in the performance of 
        services for the Commission.
            ``(3) Travel on armed forces conveyances.--Members and 
        personnel of the Commission may travel on aircraft, vehicles, 
        or other conveyances of the Armed Forces of the United States 
        when such travel is necessary in the performance of a duty of 
        the Commission, unless the cost of commercial transportation is 
        less expensive.
            ``(4) Treatment of service for purposes of retirement 
        benefits.--A member of the Commission who is an annuitant 
        otherwise covered by section 8344 or 8468 of title 5, United 
        States Code, by reason of membership on the Commission shall 
        not be subject to the provisions of such section with respect 
        to membership on the Commission.
            ``(5) Vacancies.--A vacancy on the Commission shall not 
        affect its powers and shall be filled in the manner in which 
        the original appointment was made. The appointment of the 
        replacement member shall be made not later than 60 days after 
        the date on which the vacancy occurs.
    ``(p) Security Clearances.--The heads of appropriate departments 
and agencies of the executive branch shall cooperate with the 
Commission to expeditiously provide Commission members and staff with 
appropriate security clearances to the extent possible under applicable 
procedures and requirements.
    ``(q) Reports.--
            ``(1) Final report.--Not later than 18 months after the 
        date on which the Commission first meets, the Commission shall 
        submit to the President and Congress a final report of its 
        findings and conclusions, legislative recommendations for 
        immediate and long-term countermeasures to violent 
        radicalization, homegrown terrorism, and ideologically based 
        violence, and measures that can be taken to prevent violent 
        radicalization, homegrown terrorism, and ideologically based 
        violence from developing and spreading within the United 
        States, and any final recommendations for any additional grant 
        programs to support these purposes. The report may also be 
        accompanied by a classified annex.
            ``(2) Interim reports.--The Commission shall submit to the 
        President and Congress--
                    ``(A) by not later than 6 months after the date on 
                which the Commission first meets, a first interim 
                report on--
                            ``(i) its findings and conclusions and 
                        legislative recommendations for the purposes 
                        described in paragraph (1); and
                            ``(ii) its recommendations on the 
                        feasibility of a grant program established and 
                        administered by the Secretary for the purpose 
                        of preventing, disrupting, and mitigating the 
                        effects of violent radicalization, homegrown 
                        terrorism, and ideologically based violence 
                        and, if such a program is feasible, 
                        recommendations on how grant funds should be 
                        used and administered; and
                    ``(B) by not later than 6 months after the date on 
                which the Commission submits the interim report under 
                subparagraph (A), a second interim report on such 
                matters.
            ``(3) Individual or dissenting views.--Each member of the 
        Commission may include in each report under this subsection the 
        individual additional or dissenting views of the member.
            ``(4) Public availability.--The Commission shall release a 
        public version of each report required under this subsection.
    ``(r) Availability of Funding.--Amounts made available to the 
Commission to carry out this section shall remain available until the 
earlier of the expenditure of the amounts or the termination of the 
Commission.
    ``(s) Termination of Commission.--The Commission shall terminate 30 
days after the date on which the Commission submits its final report.

``SEC. 899D. CENTER OF EXCELLENCE FOR THE STUDY OF VIOLENT 
              RADICALIZATION AND HOMEGROWN TERRORISM IN THE UNITED 
              STATES.

    ``(a) Establishment.--The Secretary of Homeland Security shall 
establish or designate a university-based Center of Excellence for the 
Study of Violent Radicalization and Homegrown Terrorism in the United 
States (hereinafter referred to as `Center') following the merit-review 
processes and procedures and other limitations that have been 
previously established for selecting and supporting University Programs 
Centers of Excellence. The Center shall assist Federal, State, local, 
and tribal homeland security officials through training, education, and 
research in preventing violent radicalization and homegrown terrorism 
in the United States. In carrying out this section, the Secretary may 
choose to either create a new Center designed exclusively for the 
purpose stated herein or identify and expand an existing Department of 
Homeland Security Center of Excellence so that a working group is 
exclusively designated within the existing Center of Excellence to 
achieve the purpose set forth in subsection (b).
    ``(b) Purpose.--It shall be the purpose of the Center to study the 
social, criminal, political, psychological, and economic roots of 
violent radicalization and homegrown terrorism in the United States and 
methods that can be utilized by Federal, State, local, and tribal 
homeland security officials to mitigate violent radicalization and 
homegrown terrorism.
    ``(c) Activities.--In carrying out this section, the Center shall--
            ``(1) contribute to the establishment of training, written 
        materials, information, analytical assistance, and professional 
        resources to aid in combating violent radicalization and 
        homegrown terrorism;
            ``(2) utilize theories, methods, and data from the social 
        and behavioral sciences to better understand the origins, 
        dynamics, and social and psychological aspects of violent 
        radicalization and homegrown terrorism;
            ``(3) conduct research on the motivational factors that 
        lead to violent radicalization and homegrown terrorism; and
            ``(4) coordinate with other academic institutions studying 
        the effects of violent radicalization and homegrown terrorism 
        where appropriate.

``SEC. 899E. PREVENTING VIOLENT RADICALIZATION AND HOMEGROWN TERRORISM 
              THROUGH INTERNATIONAL COOPERATIVE EFFORTS.

    ``(a) International Effort.--The Secretary shall, in cooperation 
with the Department of State, the Attorney General, and other Federal 
Government entities, as appropriate, conduct a survey of methodologies 
implemented by foreign nations to prevent violent radicalization and 
homegrown terrorism in their respective nations.
    ``(b) Implementation.--To the extent that methodologies are 
permissible under the Constitution, the Secretary shall use the results 
of the survey as an aid in developing, in consultation with the 
Attorney General, a national policy in the United States on addressing 
radicalization and homegrown terrorism.
    ``(c) Reports to Congress.--The Secretary shall submit a report to 
Congress that provides--
            ``(1) a brief description of the foreign partners 
        participating in the survey; and
            ``(2) a description of lessons learned from the results of 
        the survey and recommendations implemented through this 
        international outreach.

``SEC. 899F. PROTECTING CIVIL RIGHTS AND CIVIL LIBERTIES WHILE 
              PREVENTING IDEOLOGICALLY BASED VIOLENCE AND HOMEGROWN 
              TERRORISM.

    ``(a) In General.--The Department of Homeland Security's efforts to 
prevent ideologically based violence and homegrown terrorism as 
described herein shall not violate the constitutional rights, civil 
rights, or civil liberties of United States citizens or lawful 
permanent residents.
    ``(b) Commitment to Racial Neutrality.--The Secretary shall ensure 
that the activities and operations of the entities created by this 
subtitle are in compliance with the Department of Homeland Security's 
commitment to racial neutrality.
    ``(c) Auditing Mechanism.--The Civil Rights and Civil Liberties 
Officer of the Department of Homeland Security shall develop and 
implement an auditing mechanism to ensure that compliance with this 
subtitle does not violate the constitutional rights, civil rights, or 
civil liberties of any racial, ethnic, or religious group, and shall 
include the results of audits under such mechanism in its annual report 
to Congress required under section 705.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by inserting at the end of the 
        items relating to title VIII 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.''.

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary 
$47,474,026,000 for fiscal year 2011 for the necessary expenses of the 
Department of Homeland Security.

                   TITLE III--CONGRESSIONAL OVERSIGHT

SEC. 301. CONGRESSIONAL OVERSIGHT.

    (a) Findings.--Congress finds the following:
            (1) The National Commission on Terrorist Attacks Upon the 
        United States (in this section referred to as the ``9/11 
        Commission'') recommended in its report in 2004 that ``Congress 
        should create a single, principal point of oversight and review 
        for homeland security''.
            (2) At the time of that recommendation, there were 86 
        committees and subcommittees exercising oversight of the 
        Department of Homeland Security. As of the end of the 110th 
        Congress, there were 108 committees and subcommittees 
        exercising such oversight.
            (3) The 9/11 Commission report further stated that ``so 
        long as oversight is governed by current congressional rules 
        and resolutions, we believe the American people will not get 
        the security they want and need''.
            (4) In a 2007 op-ed in the Washington Post, the former 
        Chairman and Vice Chairman of the 9/11 Commission, Governor 
        Thomas Kean and Congressman Lee Hamilton, described how 
        fragmented congressional oversight of the Department of 
        Homeland Security results in ``a major drain on senior 
        management and a source of contradictory guidance''.
            (5) In a September 2007 letter to House of Representatives 
        Homeland Security Committee ranking minority member Peter King, 
        former Homeland Security Secretary Michael Chertoff wrote that 
        ``arguably, the single most important step Congress can take to 
        improve operational effectiveness at the Department of Homeland 
        Security at this juncture is to streamline Congressional 
        oversight of DHS''.
            (6) On December 20, 2008, The New York Times published an 
        editorial entitled ``Wayward Eye on the Homeland'', commenting 
        on the inability of Congress to consolidate homeland security 
        jurisdiction, noting that ``This is a comedy that invites fresh 
        tragedy unless Congressional leaders finally resolve to 
        streamline down to a few dedicated panels''.
            (7) The Commission on Weapons of Mass Destruction 
        Proliferation and Terrorism (in this section referred to as the 
        ``WMD Commission'') recommended in 2008 that Congress ``reform 
        its oversight, both structurally and substantively, to better 
        address intelligence, homeland security, and national security 
        missions such as the prevention of weapons of mass destruction 
        proliferation and terrorism''.
            (8) The WMD Commission gave Congress an ``F'' on its 
        Prevention of WMD Proliferation and Terrorism Report Card in 
        January 2010 for failing to reform Congressional oversight, 
        noting that ``virtually no progress has been made since 
        consolidation was first recommended by the 9/11 Commission in 
        2004''.
            (9) On May 19, 2010, the former Chairman and Vice Chairman 
        of the 9/11 Commission, Governor Thomas Kean and Congressman 
        Lee Hamilton, testified before the House Committee on Homeland 
        Security that ``the jurisdictional melee among the scores of 
        Congressional committees has led to conflicting and 
        contradictory tasks and mandates for DHS.'' Adding that 
        ``Without taking serious action, we fear this unworkable system 
        could make the country less safe.''.
            (10) The current structure of oversight over homeland 
        security and bifurcated Congressional jurisdiction has a 
        deleterious effect on the ability of Congress to provide clear 
        and consistent guidance to the Department and impedes the 
        timely enactment of appropriate legislation that will best 
        ensure the security of our Nation and its citizens.
    (b) Sense of Congress Regarding Oversight of Homeland Security.--It 
is the sense of Congress that the House of Representatives and the 
Senate should fully implement the recommendations of the National 
Commission on Terrorist Attacks Upon the United States for creating a 
single, principal point of oversight and review for homeland security 
by amending House and Senate rules relating to committee jurisdiction.
    (c) Amendment to the House Rules Regarding Oversight of Homeland 
Security.--Clause 2 of rule XII of the Rules of the House of 
Representatives is amended by redesignating paragraph (c) as paragraph 
(d) and inserting after paragraph (b) the following:
    ``(c) The Speaker shall consider the recommendations of the 
National Commission on Terrorist Attacks Upon the United States for 
consolidating oversight and review of homeland security, and to the 
maximum extent feasible, minimize the impact that the referral to 
multiple committees of matters under paragraph (a) related to homeland 
security and the Department of Homeland Security will have on the 
ability of the House of Representatives to provide clear and consistent 
guidance to the Department and act on such measures in a timely and 
effective manner consistent with those recommendations.''.

                       TITLE IV--BORDER SECURITY

SEC. 401. STRATEGY TO ACHIEVE CONTROL OF THE BORDER.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall submit to the appropriate congressional 
committees a strategy for gaining effective control of the 
international borders of the United States within five years. The 
strategy shall include the staffing, technology, infrastructure, and 
other appropriate means necessary to achieve such effective control.

SEC. 402. MAINTAINING BORDER PATROL STAFFING.

    (a) In General.--For each of fiscal years 2011, 2012, 2013, and 
2014, the Secretary of Homeland Security shall maintain a force of not 
fewer than 20,000 Border Patrol agents and sufficient support staff for 
such agents, including mechanics, administrative support, and 
surveillance personnel.
    (b) Northern Border.--Of the Border Patrol agents required under 
subsection (a), not fewer than 2,500 of such agents shall be assigned 
to the northern border.

SEC. 403. BORDER TECHNOLOGY AND INFRASTRUCTURE.

    (a) Technology.--The Secretary shall deploy a system of technology 
to conduct systematic surveillance, detection, and tracking along the 
international land and maritime borders of the United States.
    (b) Coordination.--In deploying technology pursuant to subsection 
(a), the Secretary shall ensure that the procurement of independent 
systems are done in a manner that allows connectivity into a common 
operating picture for the United States Border Patrol and other 
agencies, as appropriate.
    (c) Detection.--The technology deployed pursuant to subsection (a) 
shall include the capability to detect low-flying aircraft.
    (d) Infrastructure.--The Secretary is authorized to construct 
physical fencing and vehicle barriers along the international land 
borders of the United States.

SEC. 404. UNMANNED AERIAL SYSTEM DEPLOYMENT.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall--
            (1) identify not fewer than four strategic sections of the 
        international land borders of the United States where the 
        deployment of unmanned aerial system assets would be beneficial 
        to the Border Patrol in implementing effective control of the 
        border, in addition any such sections where unmanned aerial 
        systems have been deployed as of the date of the enactment of 
        this Act; and
            (2) notify the Federal Aviation Administration, the 
        Committee on Homeland Security of the House of Representatives, 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate regarding the Department's intent to use national 
        air space for unmanned aerial system assets in the strategic 
        sections identified pursuant to paragraph (1).
    (b) Deployment Timeline.--Not later than--
            (1) one year after the date of the enactment of this Act, 
        the Secretary shall deploy unmanned aerial system assets to at 
        least 50 percent of the strategic sections identified pursuant 
        to subsection (a)(1) of the international land borders of the 
        United States; and
            (2) three years after the date of the enactment of this 
        Act, the Secretary shall deploy such unmanned aerial system 
        assets to 100 percent of such strategic sections.
    (c) Definition.--In this section, the term ``effective control'' 
means the ability to detect, identify, and prevent unlawful entries 
into the United States, including entries by terrorists and other 
unlawful aliens, instruments of terrorism, narcotics, and other 
contraband.

SEC. 405. BORDER SECURITY ON PUBLIC LANDS.

    On public lands of the United States, neither the Secretary of the 
Interior nor the Secretary of Agriculture may impede, prohibit, or 
restrict activities of the Secretary of Homeland Security to achieve 
operational control (as defined in section 2(b) of the Secure Fence Act 
of 2006 (8 U.S.C. 1701 note; Public Law 109-367)).

SEC. 406. INCREASE IN PORT OF ENTRY INSPECTION PERSONNEL.

    For each of fiscal years 2011, 2012, 2013, and 2014, the Secretary 
of Homeland Security shall, subject to the availability of 
appropriations for such purpose, increase by not fewer than 250 the 
number of Customs and Border Protection officers at United States ports 
of entry over the number of such officers at such ports for the 
preceding fiscal year.

SEC. 407. MAINTAINING BORDER INSPECTION EXPERTISE.

    The Secretary, acting through the Commissioner of United States 
Customs and Border Protection, shall ensure that expertise is 
maintained in all United States Customs and Border Protection mission 
areas.

SEC. 408. CONVERSION OF CERTAIN OVERSEAS LIMITED APPOINTMENTS.

    (a) Definitions.--For purposes of this section--
            (1) the term ``Commissioner'' means the Commissioner of 
        United States Customs and Border Protection;
            (2) the term ``United States Customs and Border 
        Protection'' means United States Customs and Border Protection 
        of the Department of Homeland Security;
            (3) the term ``competitive service'' has the meaning given 
        such term by section 2102 of title 5, United States Code; and
            (4) the term ``overseas limited appointment'' means an 
        appointment under--
                    (A) subpart B of part 301 of title 5 of the Code of 
                Federal Regulations, as in effect on January 1, 2008; 
                or
                    (B) any similar antecedent or succeeding authority, 
                as determined by the Commissioner.
    (b) Authority To Convert Certain Overseas Limited Appointments to 
Permanent Appointments.--
            (1) In general.--Notwithstanding chapter 33 of title 5, 
        United States Code, or any other provision of law relating to 
        the examination, certification, and appointment of individuals 
        in the competitive service, the Commissioner may convert an 
        employee serving under an overseas limited appointment within 
        U.S. Customs and Border Protection to a permanent appointment 
        in the competitive service within U.S. Customs and Border 
        Protection, if--
                    (A) as of the time of conversion, the employee has 
                completed at least 2 years of current continuous 
                service under 1 or more overseas limited appointments; 
                and
                    (B) the employee's performance has, throughout the 
                period of continuous service referred to in 
                subparagraph (A), been rated at least fully successful 
                or the equivalent.
        An employee whose appointment is converted under the preceding 
        sentence acquires competitive status upon conversion.
            (2) Indemnification and privileges.--
                    (A) Indemnification.--The United States shall, in 
                the case of any individual whose appointment is 
                converted under paragraph (1), indemnify and hold such 
                individual harmless from any claim arising from any 
                event, act, or omission--
                            (i) that arises from the exercise of such 
                        individual's official duties, including by 
                        reason of such individual's residency status, 
                        in the foreign country in which such individual 
                        resides at the time of conversion,
                            (ii) for which the individual would not 
                        have been liable had the individual enjoyed the 
                        same privileges and immunities in the foreign 
                        country as an individual who either was a 
                        permanent employee, or was not a permanent 
                        resident, in the foreign country at the time of 
                        the event, act, or omission involved, and
                            (iii) that occurs before, on, or after the 
                        date of the enactment of this Act,
                including any claim for taxes owed to the foreign 
                country or a subdivision thereof.
                    (B) Services and payments.--
                            (i) In general.--In the case of any 
                        individual whose appointment is converted under 
                        paragraph (1), the United States shall provide 
                        to such individual (including any dependents) 
                        services and monetary payments--
                                    (I) equivalent to the services and 
                                monetary payments provided to other 
                                Customs and Border Protection employees 
                                in similar positions (and their 
                                dependents) in the same country of 
                                assignment by international agreement, 
                                an exchange of notes, or other 
                                diplomatic policy; and
                                    (II) for which such individual 
                                (including any dependents) was not 
                                eligible by reason of such individual's 
                                overseas limited appointment.
                            (ii) Applicability.--Services and payments 
                        under this subparagraph shall be provided to an 
                        individual (including any dependents) to the 
                        same extent and in the same manner as if such 
                        individual had held a permanent appointment in 
                        the competitive service throughout the period 
                        described in paragraph (1)(A). The preceding 
                        sentence shall, in the case of any individual, 
                        be effective as of the first day of the period 
                        described in paragraph (1)(A) with respect to 
                        such individual.
            (3) Guidance on implementation.--The Commissioner shall 
        implement the conversion of an employee serving under an 
        overseas limited appointment to a permanent appointment in the 
        competitive service in a manner that--
                    (A) meets the operational needs of the U.S. Customs 
                and Border Protection; and
                    (B) to the greatest extent practicable, is not 
                disruptive to the employees affected under this 
                section.

SEC. 409. CIVIL AIR PATROL STUDY.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the functions and capabilities of the Civil Air 
Patrol to support the homeland security missions of State, local, and 
tribal governments and the Department of Homeland Security. In 
conducting the study, the Comptroller General shall review the process 
by which the Civil Air Patrol may provide assistance to the Secretary 
of Homeland Security, other Federal agencies, and States to support 
homeland security missions by--
            (1) providing aerial reconnaissance or communications 
        capabilities for border security;
            (2) providing capabilities for a collective response to an 
        act of terrorism, natural disaster, or other man-made event by 
        assisting in damage assessment and situational awareness, 
        conducting search and rescue operations, assisting in 
        evacuations, and transporting time-sensitive medical or other 
        materials;
            (3) providing assistance in the exercise and training of 
        departmental resources responsible for the intercept of 
        aviation threats to designated restricted areas; and
            (4) carrying out such other activities as may be determined 
        appropriate by the Comptroller General in the conduct of this 
        review.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Secretary of Homeland Security, the Committees on Homeland Security and 
Transportation and Infrastructure of the House of Representatives, and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report containing the findings of the review conducted under 
subsection (a). The report shall include--
            (1) an assessment of the feasibility and cost effectiveness 
        of using Civil Air Patrol assets for the purposes described in 
        subsection (a); and
            (2) an assessment as to whether the current mechanisms for 
        Federal agencies and States to request support from the Civil 
        Air Patrol are sufficient or whether new agreements between 
        relevant Federal agencies and the Civil Air Patrol are 
        necessary.
    (c) Report to Congress.--Not later than 90 days after the date of 
the receipt of the report required under subsection (b), the Secretary 
of Homeland Security shall review and analyze the study and submit to 
the Committees on Homeland Security and Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report on 
such review and analysis, including any recommendations of the 
Secretary for further action that could affect the organization and 
administration of the Department of Homeland Security.

SEC. 410. IMPLEMENTATION OF US-VISIT.

    (a) Airport and Seaport Exit Implementation.--Not later than June 
30, 2011, the Secretary of Homeland Security shall complete the exit 
portion of the integrated entry and exit data system (commonly referred 
to as the ``United States Visitor and Immigrant Status Indicator 
Technology system'' or ``US-VISIT'') required under section 110 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1365a) for aliens arriving in or departing from the United 
States at an airport or seaport.
    (b) Land Exit Implementation.--
            (1) In general.--The Secretary shall develop a strategy for 
        implementation of the exit portion of such integrated entry and 
        exit data system for aliens departing from the United States at 
        a land port of entry. The Secretary shall provide the strategy 
        to appropriate congressional committees not later than December 
        31, 2011.
            (2) Additional measures for data capture.--In developing 
        the strategy, the Secretary shall consider additional measures 
        to enhance the ability of the Department of Homeland Security 
        to capture exit data.

SEC. 411. NORTHERN BORDER CANINE TEAMS.

    Not later than one year after the date of the enactment of this 
Act, the Secretary shall establish canine enforcement teams at the five 
busiest northern ports of entry and at other ports of entry as the 
Secretary determines necessary.

SEC. 412. VISA SECURITY PROGRAM EXPANSION.

    (a) Issuance of Visas at Designated Diplomatic and Consular 
Posts.--Section 428(i) of the Homeland Security Act of 2002 (6 U.S.C. 
236(i)) is amended to read as follows:
    ``(i) Visa Issuance at Designated Consular Posts and Embassies.--
Notwithstanding any other provision of law, the Secretary--
            ``(1) shall conduct an on-site review of all visa 
        applications and supporting documentation before adjudication 
        at each of the visa adjudicating posts identified as high-risk, 
        and posts subsequently designated as such, by the Secretary; 
        and
            ``(2) is authorized to assign employees of the Department 
        to any diplomatic or consular post at which visas are issued 
        unless, in the Secretary's sole and unreviewable discretion, 
        the Secretary determines that such an assignment at a 
        particular post would not promote national or homeland 
        security.''.
    (b) Expedited Clearance and Placement of Department of Homeland 
Security Personnel at Diplomatic and Consular Posts.--The Secretary of 
State shall ensure that--
            (1) not later than 270 days after the date of the enactment 
        of the amendment made by subsection (a), Department of Homeland 
        Security personnel assigned by the Secretary of Homeland 
        Security under section 428(i)(1) of the Homeland Security Act 
        of 2002, as amended by such subsection, have been stationed at 
        diplomatic and consular posts as determined by the Secretary of 
        Homeland Security; and
            (2) not later than 270 days after the date on which the 
        Secretary of Homeland Security designates an additional 
        diplomatic or consular post for personnel under section 
        428(i)(2) of the Homeland Security Act of 2002, as amended by 
        subsection (a) of this section, the Department of Homeland 
        Security personnel assigned to such post have been stationed at 
        such post.

SEC. 413. VISA REVOCATION AUTHORITY.

    (a) Authority of the Secretary of Homeland Security.--Section 
428(b) of the Homeland Security Act (6 U.S.C. 236) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Notwithstanding'' and inserting ``(1) Authorities of the 
        secretary of homeland security.--Notwithstanding'';
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and moving such 
        subparagraphs, as so redesignated, two ems to the right;
            (3) in subparagraph (A), by striking ``and'' at the end;
            (4) by redesignating subparagraph (B) as subparagraph (C);
            (5) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) may refuse or revoke any visa to any alien or 
                class of aliens if the Secretary, or the Secretary's 
                designee, determines that such refusal or revocation is 
                necessary or advisable in the security interests of the 
                United States; and''; and
            (6) by adding at the end the following new paragraph:
            ``(2) Effect of revocation.--The revocation of any visa of 
        an alien under paragraph (1)(B) shall take effect immediately 
        and shall automatically cancel any other valid visa that is in 
        such alien's possession.''.
    (b) Authority of the Secretary of State.--Section 428(c) of the 
Homeland Security Act (6 U.S.C. 236)--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Limitation.--No decision by the Secretary of State to 
        approve a visa may override a decision by the Secretary of 
        Homeland Security under subsection (b).''.

SEC. 414. IMPROVED STUDENT VISA SCREENING AND FOREIGN STUDENT 
              MONITORING.

    (a) Enhanced Student Visa Background Checks.--Section 428 of the 
Homeland Security Act (6 U.S.C. 236) is amended by adding at the end 
the following:
    ``(j) Student Visas.--In administering the program under this 
section, not later than 180 days after the date of enactment of the 
Counterterrorism Enhancement and Department of Homeland Security 
Authorization Act of 2010, the Secretary shall prescribe regulations to 
require employees assigned under subsection (e)(1) to conduct an on-
site review of all applications for visas under subparagraph (F), (J), 
or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)) prior to final adjudication, with special emphasis 
on determining whether applicants are inadmissible under section 
212(a)(3)(B) of such Act (8 U.S.C. 1182(a)(3)(B)).''.
    (b) Improved Foreign Student Monitoring.--Section 442(a) of the 
Homeland Security Act (6 U.S.C. 252(a)) is amended--
            (1) by redesignating paragraph (5) as paragraph (7); and
            (2) by inserting after paragraph (4) the following:
            ``(5) Student and exchange visitor program.----
                    ``(A) In general.--In administering the program 
                under paragraph (4), the Secretary, not later than 
                October 1, 2011--
                            ``(i) shall prescribe regulations to 
                        require an institution or exchange visitor 
                        program sponsor participating in such program 
                        to ensure that each covered student or exchange 
                        visitor enrolled at the institution or 
                        attending the exchange visitor program--
                                    ``(I) is an active participant in 
                                the program for which the covered 
                                student or exchange visitor was issued 
                                a visa to enter the United States;
                                    ``(II) is not unobserved for any 
                                period--
                                            ``(aa) exceeding 30 days 
                                        during any academic term or 
                                        program in which the covered 
                                        student or exchange visitor is 
                                        enrolled; or
                                            ``(bb) exceeding 60 days 
                                        during any period not described 
                                        in item (aa); and
                                    ``(III) is reported to the 
                                Department within 10 days of--
                                            ``(aa) transferring to 
                                        another institution or program;
                                            ``(bb) changing academic 
                                        majors; or
                                            ``(cc) any other changes to 
                                        information required to be 
                                        maintained in the system 
                                        described in paragraph (4); and
                            ``(ii) notwithstanding clause (i), shall 
                        require each covered student or exchange 
                        visitor to be observed at least once every 60 
                        days.
                    ``(B) Definitions.--For purposes of this paragraph:
                            ``(i) The term `covered student' means a 
                        student who is a nonimmigrant pursuant to 
                        subparagraph (F), (J), or (M) of section 
                        101(a)(15) of the Immigration and Nationality 
                        Act (8 U.S.C. 1101(a)(15)).
                            ``(ii) The term `observed' means positively 
                        identified by physical or electronic means.
            ``(6) Upgrades to sevis or equivalent data.--The Secretary 
        shall update the program or system described in paragraph (4) 
        to incorporate new data fields that include--
                    ``(A) verification that a covered student's 
                performance meets the minimum academic standards of the 
                institution in which the student is enrolled; and
                    ``(B) timely entry of any information required by 
                paragraph (5) regarding covered students and exchange 
                visitors enrolled at institutions or exchange program 
                sponsors.''.

                TITLE V--ENFORCEMENT AND INVESTIGATIONS

             Subtitle A--Border and Immigration Enforcement

SEC. 501. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT 
              INVESTIGATORS.

    Subject to the availability of appropriations, in each of fiscal 
years 2011 through 2014, the Secretary of Homeland Security shall 
increase by not fewer than 800 the number of positions for full-time 
active-duty investigators within the Department of Homeland Security 
above the number of such positions for which funds were allotted for 
the preceding fiscal year.

SEC. 502. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN 
              PORTS OF ENTRY.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, an alien who attempts to unlawfully enter the 
United States and is apprehended at a United States port of entry or 
along the international land and maritime borders of the United States 
shall be detained until removed or a final decision granting admission 
has been made, unless the alien--
            (1) is permitted to withdraw an application for admission 
        under section 235(a)(4) of the Immigration and Nationality Act 
        (8 U.S.C. 1225(a)(4)) and immediately departs from the United 
        States pursuant to such section; or
            (2) is paroled into the United States by the Secretary of 
        Homeland Security for urgent humanitarian reasons or 
        significant public benefit in accordance with section 
        212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)).
    (b) Rules of Construction.--
            (1) Asylum and removal.--Nothing in this section shall be 
        construed as limiting the right of an alien to apply for asylum 
        or for relief or deferral of removal based on a fear of 
        persecution.
            (2) Treatment of certain aliens.--The mandatory detention 
        requirement of subsection (a) shall not apply to any alien who 
        is a native or citizen of a country in the Western Hemisphere 
        with whose government the United States does not have full 
        diplomatic relations.
            (3) Discretion.--Nothing in this section shall be construed 
        as limiting the authority of the Secretary of Homeland 
        Security, in the Secretary's sole unreviewable discretion, to 
        determine whether an alien described in clause (ii) of section 
        235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1225(b)(1)(B)) shall be detained or released after a finding of 
        a credible fear of persecution (as defined in clause (v) of 
        such section).

SEC. 503. DENIAL OF ADMISSION TO NATIONALS OF COUNTRIES DENYING OR 
              DELAYING ACCEPTANCE OF ALIENS.

    Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 
1253(d)) is amended to read as follows:
    ``(d) Denial of Admission to Nationals of Country Denying or 
Delaying Accepting Alien.--Whenever the Secretary of Homeland Security 
determines that the government of a foreign country has denied or 
unreasonably delayed accepting an alien who is a citizen, subject, 
national, or resident of that country after the alien has been ordered 
removed from the United States, the Secretary, after consultation with 
the Secretary of State, may deny admission to any citizen, subject, 
national, or resident of that country until the country accepts the 
alien who was ordered removed.''.

SEC. 504. ALIEN TRANSFER AND REIMBURSEMENT AUTHORITY.

    (a) Transfer to Federal Custody.--The Secretary of Homeland 
Security shall require appropriate personnel from the Department of 
Homeland Security to respond within 24 hours in person to all requests 
made by a State, or political subdivision of a State, participating in 
the program described in section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) that the Secretary take into custody 
an alien, if the Secretary has confirmed that the alien is unlawfully 
present in the United States.
    (b) Reimbursement of Costs.--If the Secretary fails to carry out 
subsection (a), the Secretary shall be responsible for the detention 
costs incurred by the State or political subdivision as a result of 
such failure.

                Subtitle B--United States Secret Service

SEC. 511. AUTHORIZATION OF THE HOMELAND SECURITY FUNCTIONS OF THE 
              UNITED STATES SECRET SERVICE.

    (a) Authorization.--Of the amount authorized in section 201, there 
is authorized to be appropriated $1,811,617,000 for fiscal year 2011 
for the necessary expenses of the United States Secret Service.
    (b) Authorized Personnel Strength.--The United States Secret 
Service is authorized 7,014 full-time equivalent positions for fiscal 
year 2011.

SEC. 512. REPORT ON THE UNITED STATES SECRET SERVICE JAMES J. ROWLEY 
              TRAINING CENTER.

    Within 240 days after the date of the enactment of this Act, the 
Inspector General of the Department of Homeland Security shall provide 
to the appropriate congressional committees, including the Committees 
on Homeland Security and Appropriations of the House of Representatives 
and the Committees on Homeland Security and Governmental Affairs and 
Appropriations of the Senate, a report describing the following:
            (1) The mission and training capabilities of the United 
        States Secret Service James J. Rowley Training Center.
            (2) Current Secret Service personnel throughput capacity of 
        the James J. Rowley Training Center.
            (3) Maximum Secret Service personnel throughput capacity of 
        the James J. Rowley Training Center.
            (4) An assessment of what departmental components engage in 
        similar training activities as those conducted at the James J. 
        Rowley Training Center.
            (5) An assessment of the infrastructure enhancements needed 
        to support the mission and training capabilities of the James 
        J. Rowley Training Center.
            (6) An assessment of the actual and expected total 
        throughput capacity at the James J. Rowley Training Center, 
        including outside entity participants.

SEC. 513. COMMUNICATIONS INTEROPERABILITY.

    (a) In General.--The Secretary of Homeland Security shall implement 
full interoperability of all communications systems used by the United 
States Secret Service and the White House Communications Agency.
    (b) Authorization of Appropriations.--Of the amount authorized in 
section 511, $15,000,000 is available to complete the requirements in 
subsection (a).

SEC. 514. INTERNATIONAL FIELD OFFICES.

    (a) Cybersecurity.--The Secretary of Homeland Security may 
establish permanent United States Secret Service international field 
offices to enhance cybersecurity and the Secret Service's ability to 
combat cyber crime.
    (b) Anti-counterfeiting.--The Secretary may establish permanent 
United States Secret Service international field offices to enhance the 
Secret Service's ability to combat counterfeiting of United States 
currency.
    (c) Selection of Countries.--In selecting countries for the 
establishment of field offices under this section, the Secretary 
shall--
            (1) consult with the Director of the United States Secret 
        Service; and
            (2) give priority to countries that pose the highest risk 
        for cyber attacks against the United States and where the 
        largest amount of counterfeit United States currency is 
        produced.

                   TITLE VI--TRANSPORTATION SECURITY

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Transportation Security 
Administration Authorization Act''.

SEC. 602. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means Assistant Secretary of Homeland Security (Transportation 
        Security Administration).
            (2) Administration.--The term ``Administration'' means the 
        Transportation Security Administration.
            (3) Aviation security advisory committee.--The term 
        ``Aviation Security Advisory Committee'' means the advisory 
        committee established by section 44946 of title 49, United 
        States Code, as added by this Act.

SEC. 603. AUTHORITIES VESTED IN ASSISTANT SECRETARY.

    Any authority vested in the Assistant Secretary under this title 
shall be carried out under the direction and control of the Secretary.

              Subtitle A--Authorization of Appropriations

SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

    Of the amounts authorized in section 201, there are authorized to 
be appropriated to the Secretary $8,310,835,000 for fiscal year 2011 
for the necessary expenses of the Transportation Security 
Administration.

SEC. 612. RISK-BASED SYSTEM FOR ALLOCATION OF RESOURCES.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Assistant Secretary shall submit to the appropriate 
congressional committees, including the Committee on Homeland Security 
of the House of Representatives, a report on the status of its 
implementation of recommendations from the Comptroller General with 
respect to the use by the Transportation Security Administration of a 
risk-based system for allocating security resources effectively.
    (b) Assessments.--The report shall include assessments of the 
Transportation Security Administration's progress in--
            (1) adopting security goals that define specific outcomes, 
        conditions, end points, and performance targets;
            (2) conducting comprehensive risk assessments for the 
        transportation sector that meet the criteria established under 
        Homeland Security Presidential Directive-7 in effect as of 
        January 1, 2009, and combine individual assessments of threat, 
        vulnerability, and consequence;
            (3) analyzing the assessments described in paragraph (2) to 
        produce a comparative analysis of risk across the entire 
        transportation sector to guide current and future investment 
        decisions;
            (4) establishing an approach for gathering data on 
        investments by State, local, and private sector security 
        partners in transportation security;
            (5) establishing a plan and corresponding benchmarks for 
        conducting risk assessments for the transportation sector that 
        identify the scope of the assessments and resource requirements 
        for completing them;
            (6) establishing a strategy and timeline for effectuating 
        the Administration's intelligence-driven risk management 
        approach and documenting the results of the assessment;
            (7) optimizing the assignment of uncertainty or confidence 
        levels to analytic intelligence products related to the 
        Transportation Security Administration's security mission and 
        applying such approach; and
            (8) establishing internal controls, including--
                    (A) a focal point and clearly defined roles and 
                responsibilities for ensuring that the Administration's 
                risk management framework is implemented;
                    (B) policies, procedures, and guidance that require 
                the implementation of the Administration's framework 
                and completion of related work activities; and
                    (C) a system to monitor and improve how effectively 
                the framework is being implemented.
    (c) Assessment and Prioritization of Risks.--
            (1) In general.--Consistent with the risk and threat 
        assessments required under sections 114(s)(3)(B) and 44904(c) 
        of title 49, United States Code, the report shall include--
                    (A) a summary that ranks the risks within and 
                across transportation modes, including vulnerability of 
                a cyber attack; and
                    (B) a description of the risk-based priorities for 
                securing the transportation sector, both within and 
                across modes, in the order that the priorities should 
                be addressed.
            (2) Methods.--The report also shall--
                    (A) describe the underlying methodologies used to 
                assess risks across and within each transportation mode 
                and the basis for any assumptions regarding threats, 
                vulnerabilities, and consequences made in assessing and 
                prioritizing risks within and across such modes; and
                    (B) include the Assistant Secretary's working 
                definition of the terms ``risk-based'' and ``risk-
                informed''.
    (d) Format.--The report shall be submitted in classified or 
unclassified formats, as appropriate.

                     Subtitle B--Aviation Security

                  CHAPTER 1--AMENDMENTS TO CHAPTER 449

SEC. 621. SCREENING AIR CARGO AND CHECKED BAGGAGE.

    Section 44901(e)(1) of title 49, United States Code, is amended to 
read as follows:
            ``(1) A bag match program, ensuring that no checked baggage 
        is placed aboard an aircraft unless the passenger who checked 
        the baggage is aboard the aircraft, is not authorized as an 
        alternate method of baggage screening where explosive detection 
        equipment is available unless there are exigent circumstances 
        as determined by the Assistant Secretary. The Assistant 
        Secretary shall report to the Committee on Homeland Security of 
        the House of Representatives within 90 days of the 
        determination that bag match must be used as an alternate 
        method of baggage screening.''.

SEC. 622. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO SECURITY 
              SCREENERS.

    (a) Covert Testing.--Section 44935 of title 49, United States Code, 
is amended--
            (1) by redesignating the second subsection (i) (as 
        redesignated by section 111(a)(1) of Public Law 107-71 (115 
        Stat. 616), relating to accessibility of computer-based 
        training facilities) as subsection (k); and
            (2) by adding at the end the following new subsection:
    ``(l) Prohibition of Advance Notice to Security Screeners of Covert 
Testing and Evaluation.--
            ``(1) In general.--The Assistant Secretary shall ensure 
        that information concerning a covert test of a transportation 
        security system to be conducted by a covert testing office, the 
        Inspector General of the Department of Homeland Security, or 
        the Government Accountability Office is not provided to any 
        individual prior to the completion of the test.
            ``(2) Exceptions.--Notwithstanding paragraph (1)--
                    ``(A) an authorized individual involved in a covert 
                test of a transportation security system may provide 
                information concerning the covert test to--
                            ``(i) employees, officers, and contractors 
                        of the Federal Government (including military 
                        personnel);
                            ``(ii) employees and officers of State and 
                        local governments; and
                            ``(iii) law enforcement officials who are 
                        authorized to receive or directed to be 
                        provided such information by the Assistant 
                        Secretary, the Inspector General of the 
                        Department of Homeland Security, or the 
                        Comptroller General, as the case may be; and
                    ``(B) for the purpose of ensuring the security of 
                any individual in the vicinity of a site where a covert 
                test of a transportation security system is being 
                conducted, an individual conducting the test may 
                disclose his or her status as an individual conducting 
                the test to any appropriate individual if a security 
                screener or other individual who is not a covered 
                employee identifies the individual conducting the test 
                as a potential threat.
            ``(3) Special rules for tsa.--
                    ``(A) Monitoring and security of testing 
                personnel.--The head of each covert testing office 
                shall ensure that a person or group of persons 
                conducting a covert test of a transportation security 
                system for the covert testing office is accompanied at 
                the site of the test by a cover team composed of one or 
                more employees of the covert testing office for the 
                purpose of monitoring the test and confirming the 
                identity of personnel involved in the test under 
                subparagraph (B).
                    ``(B) Responsibility of cover team.--Under this 
                paragraph, a cover team for a covert test of a 
                transportation security system shall--
                            ``(i) monitor the test; and
                            ``(ii) for the purpose of ensuring the 
                        security of any individual in the vicinity of a 
                        site where the test is being conducted, 
                        confirm, notwithstanding paragraph (1), the 
                        identity of any individual conducting the test 
                        to any appropriate individual if a security 
                        screener or other individual who is not a 
                        covered employee identifies the individual 
                        conducting the test as a potential threat.
                    ``(C) Aviation screening.--Notwithstanding 
                subparagraph (A), the Transportation Security 
                Administration is not required to have a cover team 
                present during a test of the screening of persons, 
                carry-on items, or checked baggage at an aviation 
                security checkpoint at or serving an airport if the 
                test--
                            ``(i) is approved, in coordination with the 
                        designated security official for the airport 
                        operator by the Federal Security Director for 
                        such airport; and
                            ``(ii) is carried out under an aviation 
                        screening assessment program of the Department 
                        of Homeland Security.
                    ``(D) Use of other personnel.--The Transportation 
                Security Administration may use employees, officers, 
                and contractors of the Federal Government (including 
                military personnel) and employees and officers of State 
                and local governments to conduct covert tests.
            ``(4) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Appropriate individual.--The term 
                `appropriate individual', as used with respect to a 
                covert test of a transportation security system, means 
                any individual that--
                            ``(i) the individual conducting the test 
                        determines needs to know his or her status as 
                        an individual conducting a test under paragraph 
                        (2)(B); or
                            ``(ii) the cover team monitoring the test 
                        under paragraph (3)(B)(i) determines needs to 
                        know the identity of an individual conducting 
                        the test.
                    ``(B) Covered employee.--The term `covered 
                employee' means any individual who receives notice of a 
                covert test before the completion of a test under 
                paragraph (2)(A).
                    ``(C) Covert test.--
                            ``(i) In general.--The term `covert test' 
                        means an exercise or activity conducted by a 
                        covert testing office, the Inspector General of 
                        the Department of Homeland Security, or the 
                        Government Accountability Office to 
                        intentionally test, compromise, or circumvent 
                        transportation security systems to identify 
                        vulnerabilities in such systems.
                            ``(ii) Limitation.--Notwithstanding clause 
                        (i), the term `covert test' does not mean an 
                        exercise or activity by an employee or 
                        contractor of the Transportation Security 
                        Administration to test or assess compliance 
                        with relevant regulations.
                    ``(D) Covert testing office.--The term `covert 
                testing office' means any office of the Transportation 
                Security Administration designated by the Assistant 
                Secretary to conduct covert tests of transportation 
                security systems.
                    ``(E) Employee of a covert testing office.--The 
                term `employee of a covert testing office' means an 
                individual who is an employee of a covert testing 
                office or a contractor or an employee of a contractor 
                of a covert testing office.''.
    (b) Uniforms.--Section 44935(j) of such title is amended--
            (1) by striking ``The Under Secretary'' and inserting the 
        following:
            ``(1) Uniform requirement.--The Assistant Secretary''; and
            (2) by adding at the end the following:
            ``(2) Allowance.--The Assistant Secretary may grant a 
        uniform allowance of not less than $300 to any individual who 
        screens passengers and property pursuant to section 44901.''.

SEC. 623. SECURE VERIFICATION SYSTEM FOR LAW ENFORCEMENT OFFICERS.

    Section 44917 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(e) Secure Verification System for Law Enforcement Officers.--
            ``(1) In general.--The Assistant Secretary shall develop a 
        plan for a system to securely verify the identity and status of 
        law enforcement officers flying while armed. The Assistant 
        Secretary shall ensure that the system developed includes a 
        biometric component.
            ``(2) Demonstration.--The Assistant Secretary shall conduct 
        a demonstration program to test the secure verification system 
        described in paragraph (1) before issuing regulations for 
        deployment of the system.
            ``(3) Consultation.--The Assistant Secretary shall consult 
        with the Aviation Security Advisory Committee, established 
        under section 44946 of title 49, United States Code, when 
        developing the system and evaluating the demonstration program.
            ``(4) Report.--The Assistant Secretary shall submit a 
        report to the Committee on Homeland Security of the House of 
        Representatives, evaluating the demonstration program of the 
        secure verification system required by this section.
            ``(5) Authorization of appropriations.--From the amounts 
        authorized under section 611 of the Transportation Security 
        Administration Authorization Act, there is authorized to be 
        appropriated to carry out this subsection $10,000,000, to 
        remain available until expended.''.

SEC. 624. OMBUDSMAN FOR FEDERAL AIR MARSHAL SERVICE.

    Section 44917 of title 49, United States Code, as amended by 
section 623 of this Act, is further amended by adding at the end the 
following:
    ``(f) Ombudsman.--
            ``(1) Establishment.--The Assistant Secretary shall 
        establish in the Federal Air Marshal Service an Office of the 
        Ombudsman.
            ``(2) Appointment.--The head of the Office shall be the 
        Ombudsman, who shall be appointed by the Assistant Secretary.
            ``(3) Duties.--The Ombudsman shall carry out programs and 
        activities to improve morale, training, and quality of life 
        issues in the Service, including through implementation of the 
        recommendations of the Inspector General of the Department of 
        Homeland Security and the Comptroller General.''.

SEC. 625. FEDERAL FLIGHT DECK OFFICER PROGRAM ENHANCEMENTS.

    (a) Establishment.--Section 44921(a) of title 49, United States 
Code, is amended by striking the following: ``The Under Secretary of 
Transportation for Security'' and inserting ``The Secretary of Homeland 
Security, acting through the Assistant Secretary (Transportation 
Security Administration)''.
    (b) Administrators.--Section 44921(b) of title 49, United States 
Code, is amended--
            (1) by striking ``Under'' in paragraphs (1), (2), (4), (6), 
        and (7); and
            (2) by adding at the end the following:
            ``(8) Administrators.--The Assistant Secretary shall 
        implement an appropriately sized administrative structure to 
        manage the program, including overseeing--
                    ``(A) eligibility and requirement protocols 
                administration; and
                    ``(B) communication with Federal flight deck 
                officers.''.
    (c) Training, Supervision, and Equipment.--Section 44921(c)(2)(C) 
of such title is amended by adding at the end the following:
                            ``(iv) Use of federal air marshal service 
                        field office facilities.--In addition to 
                        dedicated Government and contract training 
                        facilities, the Assistant Secretary shall 
                        require that field office facilities of the 
                        Federal Air Marshal Service be used for the 
                        administrative and training needs of the 
                        program. Such facilities shall be available to 
                        Federal flight deck officers at no cost for 
                        firearms training and qualification, defensive 
                        tactics training, and program administrative 
                        assistance.''.
    (d) Reimbursement.--Section 44921 of such title is amended by 
adding at the end the following:
    ``(l) Reimbursement.--The Secretary, acting through the Assistant 
Secretary, shall reimburse all Federal flight deck officers for 
expenses incurred to complete a recurrent and requalifying training 
requirement necessary to continue to serve as a Federal flight deck 
officer. Eligible expenses under this subsection include ground 
transportation, lodging, meals, and ammunition, to complete any 
required training as determined by the Assistant Secretary.''.

SEC. 626. FEDERAL AIR MARSHALS.

    Section 44917 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(e) Criminal Investigative Training Program.--
            ``(1) New employee training.--Not later than 30 days after 
        the date of enactment of this subsection, the Federal Air 
        Marshal Service shall require Federal air marshals hired after 
        such date to complete the criminal investigative training 
        program at the Federal Law Enforcement Training Center as part 
        of basic training for Federal air marshals.
            ``(2) Existing employees.--A Federal air marshal who has 
        previously completed the criminal investigative training 
        program shall not be required to repeat such program.
            ``(3) Alternative training.--Not later than 3 years after 
        the date of enactment of this subsection, an air marshal hired 
        before such date who has not completed the criminal 
        investigative training program shall be required to complete a 
        alternative training program, as determined by the Director of 
        the Federal Law Enforcement Training Center, that provides the 
        training necessary to bridge the gap between the mixed basic 
        police training, the Federal air marshal programs already 
        completed by the Federal air marshal and the criminal 
        investigative training provided through the criminal 
        investigative training program. Any such alternative program 
        shall be deemed to have met the standards of the criminal 
        investigative training program.
            ``(4) Authorization of appropriations.--Not less than 
        $3,000,000 is authorized to be appropriated for fiscal year 
        2011 to carry out this subsection.
            ``(5) Savings clause.--Nothing in this subsection shall be 
        construed to reclassify Federal air marshals as criminal 
        investigators.''.

SEC. 627. ASSISTANT SECRETARY DEFINED.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code, is amended by inserting before section 44933 the 
following:
``Sec. 44931. Assistant Secretary defined
    ``(a) In General.--In this chapter--
            ``(1) the term `Assistant Secretary' means the Assistant 
        Secretary (Transportation Security Administration); and
            ``(2) any reference to the Administrator of the 
        Transportation Security Administration, the Under Secretary of 
        Transportation for Security, the Under Secretary of 
        Transportation for Transportation Security, or the Under 
        Secretary for Transportation Security shall be deemed to be a 
        reference to the Assistant Secretary.
    ``(b) Authorities Vested in Assistant Secretary.--Any authority 
vested in the Assistant Secretary under this chapter shall be carried 
out under the direction and control of the Secretary of Homeland 
Security.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by inserting before the item relating to section 44933 the 
following:

``44931. Assistant Secretary defined.''.

SEC. 628. TSA AND HOMELAND SECURITY INFORMATION SHARING.

    (a) Federal Security Director.--Section 44933 of title 49, United 
States Code, is amended--
            (1) in the section heading, by striking ``Managers'' and 
        inserting ``Directors'';
            (2) by striking ``Manager'' each place it appears and 
        inserting ``Director'';
            (3) by striking ``Managers'' each place it appears and 
        inserting ``Directors''; and
            (4) by adding at the end the following:
    ``(c) Information Sharing.--Not later than one year after the date 
of enactment of the Transportation Security Administration 
Authorization Act, the Assistant Secretary shall--
            ``(1) require an airport security plan to have clear 
        reporting procedures to provide that the Federal Security 
        Director of the airport is immediately notified whenever any 
        Federal, State, or local law enforcement personnel are called 
        to an aircraft at a gate or on an airfield at the airport to 
        respond to any security matter;
            ``(2) require each Federal Security Director of an airport 
        to meet at least quarterly with law enforcement agencies 
        serving the airport to discuss incident management protocols; 
        and
            ``(3) require each Federal Security Director at an airport 
        to inform, consult, and coordinate, as appropriate, with the 
        airport operator in a timely manner on security matters 
        impacting airport operations and to establish and maintain 
        operational protocols with airport operators to ensure 
        coordinated responses to security matters.''.
    (b) Conforming Amendments.--
            (1) Section 114(f)(6) of title 49, United States Code, is 
        amended by striking ``Managers'' and inserting ``Directors''.
            (2) Section 44940(a)(1)(F) of title 49, United States Code, 
        is amended by striking ``Managers'' and inserting 
        ``Directors''.
    (c) Technical Amendment.--The chapter analysis for chapter 449 is 
amended by striking the item relating to section 44933 and inserting 
the following:

``44933. Federal Security Directors.''.

SEC. 629. AVIATION SECURITY STAKEHOLDER PARTICIPATION.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 44946. Aviation Security Advisory Committee
    ``(a) Establishment of Aviation Security Advisory Committee.--
            ``(1) In general.--The Assistant Secretary shall establish 
        in the Transportation Security Administration an advisory 
        committee, to be known as the Aviation Security Advisory 
        Committee (in this chapter referred to as the `Advisory 
        Committee'), to assist the Assistant Secretary with issues 
        pertaining to aviation security, including credentialing.
            ``(2) Recommendations.--The Assistant Secretary shall 
        require the Advisory Committee to develop recommendations for 
        improvements to civil aviation security methods, equipment, and 
        processes.
            ``(3) Meetings.--The Assistant Secretary shall require the 
        Advisory Committee to meet at least semiannually and may 
        convene additional meetings as necessary.
            ``(4) Unpaid position.--Advisory Committee members shall 
        serve at their own expense and receive no salary, reimbursement 
        of travel expenses, or other compensation from the Federal 
        Government.
    ``(b) Membership.--
            ``(1) Member organizations.--The Assistant Secretary shall 
        ensure that the Advisory Committee is composed of not more than 
        one individual representing not more than 27 member 
        organizations, including representation of air carriers, all 
        cargo air transportation, indirect air carriers, labor 
        organizations representing air carrier employees, aircraft 
        manufacturers, airport operators, general aviation, and the 
        aviation technology security industry, including biometrics.
            ``(2) Appointments.--Members shall be appointed by the 
        Assistant Secretary, and the Assistant Secretary shall have the 
        discretion to review the participation of any Advisory 
        Committee member and remove for cause at any time.
    ``(c) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee under this 
section.
    ``(d) Air Cargo Security Working Group.--
            ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee an air cargo security working 
        group to provide recommendations for air cargo security issues, 
        including the implementation of the air cargo screening 
        initiatives proposed by the Transportation Security 
        Administration to screen air cargo on passenger aircraft in 
        accordance with established cargo screening mandates.
            ``(2) Meetings.--The working group shall meet at least 
        semiannually and provide annual reports to the Assistant 
        Secretary with recommendations to improve the Administration's 
        cargo screening initiatives established to meet all cargo 
        screening mandates set forth in section 44901(g) of title 49, 
        United States Code.
            ``(3) Membership.--The working group shall include members 
        from the Advisory Committee with expertise in air cargo 
        operations and representatives from other stakeholders as 
        determined by the Assistant Secretary.
            ``(4) Reports.--
                    ``(A) In general.--The working group shall prepare 
                and submit reports to the Assistant Secretary in 
                accordance with this paragraph that provide cargo 
                screening mandate implementation recommendations.
                    ``(B) Submission.--Not later than one year after 
                the date of enactment of this section and on an annual 
                basis thereafter, the working group shall submit its 
                first report to the Assistant Secretary, including any 
                recommendations of the group--
                            ``(i) to reduce redundancies and increase 
                        efficiencies with the screening and inspection 
                        of inbound cargo; and
                            ``(ii) on the potential development of a 
                        fee structure to help sustain cargo screening 
                        efforts.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by adding at the end the following:

``44946. Aviation Security Advisory Committee.''.

SEC. 630. GENERAL AVIATION SECURITY.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code, as amended by section 629 of this Act, is further amended 
by adding at the end the following:
``Sec. 44947. General aviation security
    ``(a) General Aviation Security Grant Program.--
            ``(1) In general.--The Assistant Secretary shall carry out 
        a general aviation security grant program to enhance 
        transportation security at general aviation airports by making 
        grants to operators of general aviation airports for projects 
        to enhance perimeter security, airfield security, and terminal 
        security.
            ``(2) Eligible projects.--Not later than one year after the 
        date of submission of the first report of the working group 
        under subsection (b), the Assistant Secretary shall develop and 
        make publically available a list of approved eligible projects 
        for such grants under paragraph (1) based upon recommendations 
        made by the working group in such report.
            ``(3) Federal share.--The Federal share of the cost of 
        activities for which grants are made under this subsection 
        shall be 90 percent.
            ``(4) Presumption of congress relating to competitive 
        procedures.--
                    ``(A) Presumption.--It is the presumption of 
                Congress that grants awarded under this section will be 
                awarded using competitive procedures based on risk.
                    ``(B) Report to congress.--If grants are awarded 
                under this section using procedures other than 
                competitive procedures, the Assistant Secretary shall 
                submit to Congress a report explaining why competitive 
                procedures were not used.
    ``(b) General Aviation Security Working Group.--
            ``(1) In general.--The Assistant Secretary shall establish, 
        within the Aviation Security Advisory Committee established 
        under section 44946, a general aviation working group to advise 
        the Transportation Security Administration regarding 
        transportation security issues for general aviation facilities, 
        general aviation aircraft, heliports, and helicopter operations 
        at general aviation and commercial service airports.
            ``(2) Meetings.--The working group shall meet at least 
        semiannually and may convene additional meetings as necessary.
            ``(3) Membership.--The Assistant Secretary shall appoint 
        members from the Aviation Security Advisory Committee with 
        general aviation experience.
            ``(4) Reports.--
                    ``(A) Submission.--The working group shall submit a 
                report to the Assistant Secretary with recommendations 
                on ways to improve security at general aviation 
                airports.
                    ``(B) Contents of report.--The report of the 
                working group submitted to the Assistant Secretary 
                under this paragraph shall include any recommendations 
                of the working group for eligible security enhancement 
                projects at general aviation airports to be funded by 
                grants under subsection (a).
                    ``(C) Subsequent reports.--After submitting the 
                report, the working group shall continue to report to 
                the Assistant Secretary on general aviation aircraft 
                and airports.
    ``(c) Authorization of Appropriations.--From amounts made available 
under section 611 of the Transportation Security Administration 
Authorization Act, there is authorized to be appropriated for making 
grants under subsection (a) $20,000,000 for fiscal year 2011. None of 
the funds appropriated pursuant to this subsection may be used for a 
congressional earmark as defined in clause 9d, of Rule XXI of the rules 
of the House of Representatives of the 111th Congress.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
further amended by adding at the end the following:

``44947. General aviation security.''.

SEC. 631. SECURITY AND SELF-DEFENSE TRAINING.

    (a) Section 44918(b) of title 49, United States Code, is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Self-defense training program.--Not later than 1 year 
        after the date of enactment of the Transportation Security 
        Administration Authorization Act, the Assistant Secretary shall 
        provide advanced self-defense training of not less than 5 hours 
        during each 2-year period for all cabin crewmembers. The 
        Assistant Secretary shall consult with the Advisory Committee 
        established under section 44946 and cabin crew and air carrier 
        representatives in developing a plan for providing self-defense 
        training in conjunction with existing recurrent training.'';
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Participation.--A crewmember shall not be required to 
        engage in any physical contact during the training program 
        under this subsection.''; and
            (3) by striking paragraph (4) and redesignating paragraphs 
        (5) through (7) as paragraphs (4) through (6), respectively.
    (b) Security Training.--Section 44918(a)(6) of title 49, United 
States Code, is amended by adding at the end the following: ``The 
Assistant Secretary shall establish an oversight program for security 
training of cabin crewmembers that includes developing performance 
measures and strategic goals for air carriers, and standard protocols 
for Transportation Security Administration oversight inspectors, in 
accordance with recommendations by the Inspector General of the 
Department of Homeland Security and the Comptroller General.''.

SEC. 632. SECURITY SCREENING OF INDIVIDUALS WITH METAL IMPLANTS 
              TRAVELING IN AIR TRANSPORTATION.

    (a) In General.--Section 44903 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(m) Security Screening of Individuals With Metal Implants 
Traveling in Air Transportation.--
            ``(1) In general.--The Assistant Secretary shall carry out 
        a program to ensure fair treatment in the screening of 
        individuals with metal implants traveling in air 
        transportation.
            ``(2) Plan.--Not later than 6 months after the date of 
        enactment of the Transportation Security Administration 
        Authorization Act, the Assistant Secretary shall submit a plan 
        to the Committee on Homeland Security of the House of 
        Representatives for improving security screening procedures for 
        individuals with metal implants to limit disruptions in the 
        screening process while maintaining security. The plan shall 
        include an analysis of approaches to limit such disruptions for 
        individuals with metal implants, and benchmarks for 
        implementing changes to the screening process and the 
        establishment of a credential or system that incorporates 
        biometric technology and other applicable technologies to 
        verify the identity of an individual who has a metal implant.
            ``(3) Program.--Not later than 12 months after the date of 
        enactment of the Transportation Security Administration 
        Authorization Act, the Assistant Secretary shall implement a 
        program to improve security screening procedures for 
        individuals with metal implants to limit disruptions in the 
        screening process while maintaining security, including a 
        credential or system that incorporates biometric technology or 
        other applicable technologies to verify the identity of an 
        individual who has a metal implant.
            ``(4) Metal implant defined.--In this paragraph, the term 
        `metal implant' means a metal device or object that has been 
        surgically implanted or otherwise placed in the body of an 
        individual, including any metal device used in a hip or knee 
        replacement, metal plate, metal screw, metal rod inside a bone, 
        and other metal orthopedic implants.''.
    (b) Effective Date.--Not later than 180 days after the date of 
enactment of the Transportation Security Administration Authorization 
Act, the Secretary of Homeland Security shall submit the plan for 
security screening procedures for individuals with metal implants, as 
required by section 44903(m) of title 49, United States Code.

SEC. 633. PROHIBITION ON OUTSOURCING.

    Section 44903(j)(2)(C) of title 49, United States Code, is amended 
by adding at the end the following new clause:
                            ``(v) Outsourcing prohibited.--Upon 
                        implementation of the advanced passenger 
                        prescreening system required by this section, 
                        the Assistant Secretary shall prohibit any non-
                        governmental entity from administering the 
                        function of comparing passenger information to 
                        the automatic selectee and no fly lists, 
                        consolidated and integrated terrorist 
                        watchlists, or any list or database derived 
                        from such watchlists for activities related to 
                        aviation security. The Assistant Secretary 
                        shall report to the Committee on Homeland 
                        Security of the House of Representatives and 
                        the Committee on Commerce, Science, and 
                        Transportation of the Senate when any non-
                        governmental entity is authorized access to the 
                        watchlists described in this clause.''.

SEC. 634. KNOWN AIR TRAVELER CREDENTIAL.

    (a) Establishment.--Section 44903(h) of title 49, United States 
Code, is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following:
            ``(7) Known air traveler credential.--Not later than 6 
        months after the date of enactment of the Transportation 
        Security Administration Authorization Act, the Assistant 
        Secretary shall--
                    ``(A) establish a known air traveler credential 
                that incorporates biometric identifier technology;
                    ``(B) establish a process by which the credential 
                will be used to verify the identity of known air 
                travelers and allow them expedited passenger and carry-
                on baggage screening;
                    ``(C) establish procedures--
                            ``(i) to ensure that only known air 
                        travelers are issued the known air traveler 
                        credential;
                            ``(ii) to resolve failures to enroll, false 
                        matches, and false nonmatches relating to use 
                        of the known air traveler credential; and
                            ``(iii) to invalidate any known air 
                        traveler credential that is lost, stolen, or no 
                        longer authorized for use;
                    ``(D) begin issuance of the known air traveler 
                credential to each known air traveler that applies for 
                a credential; and
                    ``(E) take such other actions with respect to the 
                known air traveler credential as the Assistant 
                Secretary considers appropriate.''.
    (b) Known Air Traveler Defined.--Section 44903(h)(8) of such title 
(as redesignated by subsection (a) of this section) is amended--
            (1) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) Known air traveler.--The term `known air 
                traveler' means a United States citizen who--
                            ``(i) has received a security clearance 
                        from the Federal Government;
                            ``(ii) is a Federal Aviation Administration 
                        certificated pilot, flight crew member, or 
                        cabin crew member;
                            ``(iii) is a Federal, State, local, tribal, 
                        or territorial government law enforcement 
                        officer not covered by paragraph (6);
                            ``(iv) is a member of the armed forces (as 
                        defined by section 101 of title 10) who has 
                        received a security clearance from the Federal 
                        Government; or
                            ``(v) the Assistant Secretary determines 
                        has appropriate security qualifications for 
                        inclusion under this subparagraph.''.

SEC. 635. ADVANCED IMAGING TECHNOLOGY.

    (a) In General.--The Assistant Secretary shall ensure that advanced 
imaging technology systems are procured and deployed in a timely manner 
in the Nation's commercial airports. Such systems may be utilized as a 
primary method of screening aviation passengers.
    (b) Alternatives Required.--Notwithstanding subsection (a), the 
Assistant Secretary shall prescribe for alternative screening processes 
or equipment in lieu of screening by advanced imaging technology, if 
such alternative results in a comparable level of security.
    (c) Risk-Based Deployment.--The Assistant Secretary shall ensure 
that advanced imaging technology systems are deployed on a risk-based 
basis and consistent with the Transportation Security Administration's 
most recent strategic plans for passenger checkpoint security.
    (d) Description of Advanced Imaging Technology.--Advanced imaging 
technology deployed under this section shall meet qualification 
standards set by the Transportation Security Administration and shall 
be capable of safely and nonintrusively screening a passenger's whole 
body.
    (e) Information on Advanced Imaging Technology at the Checkpoint.--
Information and pictorials of generic images produced by advanced 
imaging technology shall be posted at each commercial airport 
checkpoint where advanced imaging technology is deployed. Such 
information shall include alternative screening procedures required 
under subsection (b). The Assistant Secretary shall ensure that 
transportation security administration personnel are available to speak 
with passengers regarding advanced imaging technology at each 
commercial airport checkpoint where advanced imaging technology is 
deployed.
    (f) Annual Report.--The Assistant Secretary shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate, in 
conjunction with the Department's annual budget submission to the 
Congress for fiscal years 2012, 2013, 2014, and 2015, a report that 
includes--
            (1) an updated privacy impact assessment of advanced 
        imaging technology;
            (2) an analysis of the results of covert testing conducted 
        by the Transportation Security Administration's Office of 
        Inspections and Office of Security Operations; and
            (3) an analysis of the Transportation Security 
        Administration's personnel model including a detailed breakdown 
        of personnel required to operate advanced imaging technology 
        equipment.
    (g) International Harmonization.--The Secretary shall work with 
foreign nations, foreign civil aviation authorities, international 
organizations, and associations including the International Civil 
Aviation Organization, to set binding international standards for 
passenger checkpoint security at commercial airports worldwide.
    (h) Foreign Assistance Authorized.--The Assistant Secretary may 
lend, lease, donate, or otherwise provide security-related equipment, 
including advanced imaging technology, and provide technical training 
and support, to any foreign airport if--
            (1) the airport serves as a last point of departure prior 
        to an aircraft's entry into the United States;
            (2) the equipment, training, or support would assist in 
        bringing the airport into compliance (or exceed compliance) 
        with applicable International Civil Aviation Organization 
        standards; and
            (3) such assistance is based upon the assessment of the 
        risks to the security of the United States and the ability of 
        the airport to otherwise provide adequate security for 
        passengers and aircraft bound for the United States.
    (i) Authorization of Appropriations.--Of the amount appropriated to 
the Secretary under section 611, there is authorized to be appropriated 
to the Secretary for advanced imaging technology systems $250,000,000 
for fiscal year 2011.

                        CHAPTER 2--OTHER MATTERS

SEC. 636. SECURITY RISK ASSESSMENT OF AIRPORT PERIMETER ACCESS 
              CONTROLS.

    (a) In General.--The Assistant Secretary shall develop a strategic 
risk-based plan to improve transportation security at airports that 
includes best practices to make airport perimeter access controls more 
secure at all commercial service and general aviation airports.
    (b) Contents.--The plan shall--
            (1) incorporate best practices for enhanced perimeter 
        access controls;
            (2) evaluate and incorporate major findings of all relevant 
        pilot programs of the Transportation Security Administration;
            (3) address recommendations of the Comptroller General on 
        perimeter access controls;
            (4) include a requirement that airports update their 
        security plans to incorporate the best practices, as 
        appropriate, based on risk and adapt the best practices to meet 
        the needs specific to their facilities; and
            (5) include an assessment of the role of new and emerging 
        technologies, including unmanned and autonomous perimeter 
        security technologies, that could be utilized at both 
        commercial and general aviation facilities.

SEC. 637. ADVANCED PASSENGER PRESCREENING SYSTEM.

    (a) Initial Report.--Not later than 90 days after the date of 
enactment of this Act, the Comptroller General shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report that--
            (1) describes the progress made by the Department of 
        Homeland Security in implementing the advanced passenger 
        prescreening system;
            (2) compares the total number of misidentified passengers 
        who must undergo secondary screening or have been prevented 
        from boarding a plane during the 3-month period beginning 90 
        days before the date of enactment of this Act with the 3-month 
        period beginning 90 days after such date; and
            (3) includes any other relevant recommendations that the 
        Inspector General of the Department of Homeland Security or the 
        Comptroller General determines appropriate.
    (b) Subsequent Reports.--The Comptroller General shall submit 
subsequent reports on the implementation to such Committees every 90 
days thereafter until the implementation is complete.

SEC. 638. BIOMETRIC IDENTIFIER AIRPORT ACCESS ENHANCEMENT DEMONSTRATION 
              PROGRAM.

    (a) In General.--The Assistant Secretary shall carry out a 
demonstration program under which biometric identifier access systems 
for individuals with unescorted access to secure or sterile areas of an 
airport, including airport employees and flight crews, are evaluated 
for the purposes of enhancing transportation security at airports and 
to determine how airports can implement uniform biometric identifier 
and interoperable security systems.
    (b) Airports Participating in Program.--The Assistant Secretary 
shall select at least 7 airports, including at least 2 large airports, 
to participate in the demonstration program.
    (c) Initiation and Duration of Program.--
            (1) Deadline for initiation.--The Assistant Secretary shall 
        conduct the demonstration program not later than one year after 
        the date of enactment of this Act.
            (2) Duration.--The program shall have a duration of not 
        less than 180 days and not more than one year.
    (d) Required Elements.--In conducting the demonstration program, 
the Assistant Secretary shall--
            (1) assess best operational, administrative, and management 
        practices in creating uniform, standards-based, and 
        interoperable biometric identifier systems for all individuals 
        with access to secure or sterile areas of commercial service 
        airports; and
            (2) conduct a risk-based analysis of the selected airports 
        and other airports, as the Assistant Secretary determines 
        appropriate, to identify where the implementation of biometric 
        identifier systems could benefit security.
    (e) Considerations.--In conducting the demonstration program, the 
Assistant Secretary shall consider, at a minimum, the following:
            (1) Parallel systems.--Existing parallel biometric 
        transportation security systems applicable to workers with 
        unescorted access to transportation systems, including--
                    (A) transportation worker identification 
                credentials issued under section 70105 of title 46, 
                United States Code;
                    (B) armed law enforcement travel credentials issued 
                under section 44903(h)(6) of title 49, United States 
                Code; and
                    (C) other credential and biometric identifier 
                systems used by the Federal Government, as the 
                Assistant Secretary considers appropriate.
            (2) Efforts by transportation security administration.--Any 
        biometric identifier system or proposals developed by the 
        Assistant Secretary.
            (3) Infrastructure and technical requirements.--The 
        architecture, modules, interfaces, and transmission of data 
        needed for airport security operations.
            (4) Existing airport systems.--Credentialing and access 
        control systems in use in secure and sterile areas of airports.
            (5) Associated costs.--The costs of implementing uniform, 
        standards-based, and interoperable biometric identifier systems 
        at airports, including--
                    (A) the costs to airport operators, airport 
                workers, air carriers, and other aviation industry 
                stakeholders; and
                    (B) the costs associated with ongoing operations 
                and maintenance and modifications and enhancements 
                needed to support changes in physical and electronic 
                infrastructure.
            (6) Information from other sources.--Recommendations, 
        guidance, and information from other sources, including the 
        Inspector General of the Department of Homeland Security, the 
        Comptroller General, the heads of other governmental entities, 
        organizations representing airport workers, and private 
        individuals and organizations.
    (f) Identification of Best Practices.--In conducting the 
demonstration program, the Assistant Secretary shall identify best 
practices for the administration of biometric identifier access at 
airports, including best practices for each of the following processes:
            (1) Registration, vetting, and enrollment.
            (2) Issuance.
            (3) Verification and use.
            (4) Expiration and revocation.
            (5) Development of a cost structure for acquisition of 
        biometric identifier credentials.
            (6) Development of redress processes for workers.
    (g) Consultation.--In conducting the demonstration program, the 
Assistant Secretary shall consult with the Aviation Security Advisory 
Committee regarding how airports may transition to uniform, standards-
based, and interoperable biometric identifier systems for airport 
workers and others with unescorted access to secure or sterile areas of 
an airport.
    (h) Evaluation.--The Assistant Secretary shall conduct an 
evaluation of the demonstration program to specifically assess best 
operational, administrative, and management practices in creating a 
standard, interoperable, biometric identifier access system for all 
individuals with access to secure or sterile areas of commercial 
service airports.
    (i) Report to Congress.--Not later than 180 days after the last day 
of that demonstration program ends, the Assistant Secretary shall 
submit to the appropriate congressional committees, including the 
Committee on Homeland Security of the House of Representatives, a 
report on the results of the demonstration program. The report shall 
include possible incentives for airports that voluntarily seek to 
implement uniform, standards-based, and interoperable biometric 
identifier systems.
    (j) Biometric Identifier System Defined.--In this section, the term 
``biometric identifier system'' means a system that uses biometric 
identifier information to match individuals and confirm identity for 
transportation security and other purposes.
    (k) Authorization of Appropriations.--From amounts authorized under 
section 611, there is authorized to be appropriated a total of 
$20,000,000 to carry out this section for fiscal year 2011.

SEC. 639. TRANSPORTATION SECURITY TRAINING PROGRAMS.

    Not later than one year after the date of enactment of this Act, 
the Assistant Secretary shall establish recurring training of 
transportation security officers regarding updates to screening 
procedures and technologies in response to weaknesses identified in 
covert tests at airports. The training shall include--
            (1) internal controls for monitoring and documenting 
        compliance of transportation security officers with training 
        requirements;
            (2) the availability of high-speed Internet and Intranet 
        connectivity to all airport training facilities of the 
        Administration; and
            (3) such other matters as identified by the Assistant 
        Secretary with regard to training.

SEC. 640. DEPLOYMENT OF TECHNOLOGY APPROVED BY SCIENCE AND TECHNOLOGY 
              DIRECTORATE.

    (a) In General.--The Assistant Secretary, in consultation with the 
Directorate of Science and Technology of the Department of Homeland 
Security, shall develop and submit to the appropriate committees of 
Congress, including the Committee on Homeland Security of the House of 
Representatives, a strategic plan for the certification and integration 
of technologies for transportation security with high approval or 
testing results from the Directorate and the Transportation Security 
Laboratory of the Department.
    (b) Contents of Strategic Plan.--The strategic plan developed under 
subsection (a) shall include--
            (1) a cost-benefit analysis to assist in prioritizing 
        investments in new checkpoint screening technologies that 
        compare the costs and benefits of screening technologies being 
        considered for development or acquisition with the costs and 
        benefits of other viable alternatives;
            (2) quantifiable performance measures to assess the extent 
        to which investments in research, development, and deployment 
        of checkpoint screening technologies achieve performance goals 
        for enhancing security at airport passenger checkpoints; and
            (3) a method to ensure that operational tests and 
        evaluations have been successfully completed in an operational 
        environment before deploying checkpoint screening technologies 
        to airport checkpoints.
    (c) Report to Congress.--
            (1) In general.--The Assistant Secretary shall submit to 
        the appropriate committees of Congress, including the Committee 
        on Homeland Security of the House of Representatives, an annual 
        report on the status of all technologies that have undergone 
        testing and evaluation, including technologies that have been 
        certified by the Department, and any technologies used in a 
        demonstration program administered by the Administration. The 
        report shall also specify whether the technology was submitted 
        by an academic institution, including an institution of higher 
        education eligible to receive assistance under title III or V 
        of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq. and 
        1101 et seq.).
            (2) First report.--The first report submitted under this 
        subsection shall assess such technologies for a period of not 
        less than 2 years.

SEC. 641. IN-LINE BAGGAGE SCREENING STUDY.

    The Assistant Secretary shall consult with the Advisory Committee 
and report to the appropriate committees of Congress, including the 
Committee on Homeland Security of the House of Representatives, on 
deploying optimal baggage screening solutions and replacing baggage 
screening equipment nearing the end of its life cycle at commercial 
service airports. Specifically, the report shall address the 
Administration's plans, estimated costs, and current benchmarks for 
replacing explosive detection equipment that is nearing the end of its 
life cycle.

SEC. 642. IN-LINE CHECKED BAGGAGE SCREENING SYSTEMS.

    (a) Findings.--Congress finds the following:
            (1) Since its inception, the Administration has procured 
        and installed over 2,000 explosive detection systems (referred 
        to in this section as ``EDS'') and 8,000 explosive trace 
        detection (referred to in this section as ``ETD'') systems to 
        screen checked baggage for explosives at the Nation's 
        commercial airports.
            (2) Initial deployment of stand-alone EDS machines in 
        airport lobbies resulted in operational inefficiencies and 
        security risks as compared to using EDS machines integrated in-
        line with airport baggage conveyor systems.
            (3) The Administration has acknowledged the advantages of 
        fully integrating in-line checked baggage EDS systems, 
        especially at large airports. According to the Administration, 
        in-line EDS systems have proven to be cost-effective and more 
        accurate at detecting dangerous items.
            (4) As a result of the large up-front capital investment 
        required, these systems have not been deployed on a wide-scale 
        basis. The Administration estimates that installing and 
        operating the optimal checked baggage screening systems could 
        potentially cost more than $20,000,000,000 over 20 years.
            (5) Nearly $2,000,000,000 has been appropriated for the 
        installation of in-line explosive detection systems, including 
        necessary baggage handling system improvements, since 2007.
    (b) GAO Report.--The Comptroller General shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report on the Administration's progress in deploying optimal baggage 
screening solutions and replacing aging baggage screening equipment at 
the Nation's commercial airports. The report shall also include an 
analysis of the Administration's methodology for expending public funds 
to deploy in-line explosive detection systems since 2007. The report 
shall address, at a minimum--
            (1) the Administration's progress in deploying optimal 
        screening solutions at the Nation's largest commercial 
        airports, including resources obligated and expended through 
        fiscal year 2009;
            (2) the potential benefits and challenges associated with 
        the deployment of optimal screening solutions at the Nation's 
        commercial airports; and
            (3) the Administration's plans, estimated costs, and 
        current milestones for replacing EDS machines that are nearing 
        the end of their estimated useful product lives.
    (c) Updates Required.--Not later than 6 months after submitting the 
report required in subsection (b) and every 6 months thereafter until 
the funds appropriated for such systems are expended, the Comptroller 
General shall provide the Committee on Homeland Security of the House 
of Representatives an update regarding its analysis of the 
Administration's expenditures for explosive detection and in-line 
baggage systems.

SEC. 643. INSPECTOR GENERAL REPORT ON CERTAIN POLICIES FOR FEDERAL AIR 
              MARSHALS.

    Not later than 120 days after the date of enactment of this Act, 
the Inspector General of the Department of Homeland Security shall 
review the minimum standards and policies regarding rest periods 
between deployments and any other standards or policies applicable to 
Federal air marshals reporting to duty. After such review, the 
Inspector General shall make any recommendations to such standards and 
policies the Inspector General considers necessary to ensure an alert 
and responsible workforce of Federal air marshals.

SEC. 644. EXPLOSIVES DETECTION CANINE TEAMS MINIMUM FOR AVIATION 
              SECURITY.

    (a) Aviation Security.--The Assistant Secretary shall ensure that 
the number of explosives detection canine teams for aviation security 
is not less than 250 through fiscal year 2011.
    (b) Cargo Screening.--The Secretary shall increase the number of 
canine detection teams, as of the date of enactment of this Act, 
deployed for the purpose of meeting the 100 percent air cargo screening 
requirement set forth in section 44901(g) of title 49, United States 
Code, by not less than 100 canine teams through fiscal year 2011.

SEC. 645. ASSESSMENTS AND GAO REPORT OF INBOUND AIR CARGO SCREENING.

    Section 1602 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (121 Stat. 478) is amended by inserting at the 
end the following:
    ``(c) Assessment of Inbound Compliance.--Upon establishment of the 
inbound air cargo screening system, the Assistant Secretary shall 
submit a report to the Committee on Homeland Security in the House of 
Representatives on the impact, rationale, and percentage of air cargo 
being exempted from screening under exemptions granted under section 
44901(i)(1) of title 49, United States Code.
    ``(d) GAO Report.--Not later than 120 days after the date of 
enactment of this Act and quarterly thereafter until December 31, 2015, 
the Comptroller General shall review the air cargo screening system for 
inbound passenger aircraft and report to the Committee on Homeland 
Security in the House of Representatives on the status of 
implementation, including the approximate percentage of cargo being 
screened, as well as the Administration's methods to verify the 
screening system's implementation.''.

SEC. 646. STATUS OF EFFORTS TO PROMOTE AIR CARGO SHIPPER CERTIFICATION.

    Not later than 180 days after the date of enactment of this Act, 
the Assistant Secretary shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the status of the 
implementation of the Administration's plan to promote a program to 
certify the screening methods used by shippers in a timely manner, in 
accordance with section 44901(g) of title 49, United States Code, 
including participation by shippers with robust and mature internal 
security programs.

SEC. 647. FULL AND OPEN COMPETITION IN SECURITY BACKGROUND SCREENING 
              SERVICE.

    Not later than 9 months after the date of enactment of this 
section, the Secretary shall publish in the Federal Register a notice 
that the selection process for security background screening services 
for persons requiring background screening in the aviation industry is 
subject to full and open competition. The notice shall include--
            (1) a statement that airports and other affected entities 
        are not required to use a single service provider of background 
        screening services and may use the services of other providers 
        approved by the Assistant Secretary;
            (2) any requirements for disposal of personally 
        identifiable information by the approved provider by a date 
        certain; and
            (3) information on all technical specifications and other 
        criteria required by the Assistant Secretary to approve a 
        background screening service provider.

SEC. 648. TRUSTED PASSENGER/REGISTERED TRAVELER PROGRAM.

    (a) Assessments and Background Checks.--Subject to paragraph (2) 
and not later than 120 days after the date of enactment of this Act, to 
enhance aviation security through risk management at airport 
checkpoints through use of a trusted passenger program, commonly 
referred to as the Registered Traveler program, established pursuant to 
section 109(a)(3) of the Aviation Transportation Security Act (115 
Stat. 597), the Assistant Secretary shall--
            (1) reinstate an initial and continuous security threat 
        assessment program as part of the Registered Traveler 
        enrollment process; and
            (2) allow Registered Traveler providers to perform private 
        sector background checks as part of their enrollment process 
        with assurance that the program shall be undertaken in a manner 
        consistent with constitutional privacy and civil liberties 
        protections and be subject to approval and oversight by the 
        Assistant Secretary.
    (b) Notification.--
            (1) Contents.--Not later than 180 days after the date of 
        enactment of this Act, if the Assistant Secretary determines 
        that the Registered Traveler program can be integrated into 
        risk-based aviation security operations under subsection (a), 
        the Assistant Secretary shall report to the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate regarding--
                    (A) the level of risk reduction provided by 
                carrying out section (a); and
                    (B) how the Registered Traveler program has been 
                integrated into risk-based aviation security 
                operations.
            (2) Changes to protocol.--The Assistant Secretary shall 
        also set forth what changes to the program, including screening 
        protocols, have been implemented to realize the full potential 
        of the Registered Traveler program.
    (c) Treatment of Individuals With Top Secret Security Clearances.--
Not later than 180 days after the date of enactment of this Act, the 
Assistant Secretary shall establish protocols to--
            (1) verify the identity of United States citizens who 
        participate in the Registered Traveler program and possess a 
        valid top secret security clearance granted by the Federal 
        Government; and
            (2) allow alternative screening procedures for individuals 
        described in paragraph (1), including random, risk-based 
        screening determined necessary to respond to a specific threat 
        to security identified pursuant to a security threat 
        assessment.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to authorize any nongovernmental entity to perform vetting 
against the terrorist screening database maintained by the 
Administration.

SEC. 649. REPORT ON CABIN CREW COMMUNICATION.

    Not later than one year after the date of enactment of this Act, 
the Assistant Secretary, in consultation with the Advisory Committee 
established under section 44946 of title 49, United States Code, shall 
prepare a report that assesses technologies and includes standards for 
the use of wireless devices to enhance transportation security on 
aircraft for the purpose of ensuring communication between and among 
cabin crew and pilot crewmembers, embarked Federal air marshals, and 
authorized law enforcement officials, as appropriate.

SEC. 650. AIR CARGO CREW TRAINING.

    The Assistant Secretary, in consultation with the Advisory 
Committee established under section 44946 of title 49, United States 
Code, shall develop a plan for security training for the all-cargo 
aviation threats for pilots and, as appropriate, other crewmembers 
operating in all-cargo transportation.

SEC. 651. REIMBURSEMENT FOR AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.

    (a) Process.--Section 1604(b)(2) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (121 Stat. 481) is 
amended to read as follows:
            ``(2) Airports that have incurred eligible costs.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of the Transportation Security 
                Administration Authorization Act, the Assistant 
                Secretary of Homeland Security (Transportation Security 
                Administration) shall establish a process for resolving 
                reimbursement claims for airports that have incurred, 
                before the date of enactment of this Act, eligible 
                costs associated with development of partial or 
                completed in-line baggage systems.
                    ``(B) Process for receiving reimbursement.--The 
                process shall allow an airport--
                            ``(i) to submit a claim to the Assistant 
                        Secretary for reimbursement for eligible costs 
                        described in subparagraph (A); and
                            ``(ii) not later than 180 days after date 
                        on which the airport submits the claim, to 
                        receive a determination on the claim and, if 
                        the determination is positive, to be 
                        reimbursed.
                    ``(C) Report.--Not later than 60 days after the 
                date on which the Assistant Secretary establishes the 
                process under subparagraph (B), the Assistant Secretary 
                shall submit to the Committee on Homeland Security of 
                the House of Representatives a report containing a 
                description of the process, including a schedule for 
                the timely reimbursement of airports for which a 
                positive determination has been made.''.
    (b) Reimbursements of Airports for Eligible Costs Reimbursed at 
Less Than 90 Percent.--If the Secretary or Assistant Secretary 
reimbursed, after August 3, 2007, an airport that incurred an amount 
for eligible costs under section 44923 of title 49, United States Code, 
that was less than 90 percent of such costs, the Secretary or Assistant 
Secretary shall reimburse such airport under such section an amount 
equal to the difference for such 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.

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

``SEC. 890A. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED 
              OR PROHIBITED FROM BOARDING A FLIGHT, OR DENIED A RIGHT, 
              BENEFIT, OR PRIVILEGE.

    ``(a) Establishment.--Not later than 30 days after the date of the 
enactment of this section, the Secretary shall establish a timely and 
fair process for individuals who believe they were delayed or 
prohibited from boarding a commercial aircraft or denied a right, 
benefit, or privilege because they were wrongly identified as a threat 
when screened against any terrorist watchlist or database used by the 
Transportation Security Administration (TSA) or any office or component 
of the Department.
    ``(b) Office of Appeals and Redress.--
            ``(1) Establishment.--The Secretary shall establish in the 
        Department an Office of Appeals and Redress to implement, 
        coordinate, and execute the process established by the 
        Secretary pursuant to subsection (a). The Office shall include 
        representatives from the TSA and such other offices and 
        components of the Department as the Secretary determines 
        appropriate.
            ``(2) Comprehensive cleared list.--The process established 
        by the Secretary pursuant to subsection (a) shall include the 
        establishment of a method by which the Office, under the 
        direction of the Secretary, will maintain and appropriately 
        disseminate a comprehensive list, to be known as the 
        `Comprehensive Cleared List', of individuals who--
                    ``(A) were misidentified as an individual on any 
                terrorist watchlist or database;
                    ``(B) completed an approved Department of Homeland 
                Security appeal and redress request and provided such 
                additional information as required by the Department to 
                verify the individual's identity; and
                    ``(C) permit the use of their personally 
                identifiable information to be shared between multiple 
                Departmental components for purposes of this section.
            ``(3) Use of comprehensive cleared list.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) except as provided in subparagraph 
                        (B), transmit to the TSA or any other 
                        appropriate office or component of the 
                        Department, other Federal, State, local, and 
                        tribal entities, and domestic air carriers and 
                        foreign air carriers that use any terrorist 
                        watchlist or database, the Comprehensive 
                        Cleared List and any other information the 
                        Secretary determines necessary to resolve 
                        misidentifications and improve the 
                        administration of the advanced passenger 
                        prescreening system and reduce the number of 
                        false positives; and
                            ``(ii) ensure that the Comprehensive 
                        Cleared List is taken into account by all 
                        appropriate offices or components of the 
                        Department when assessing the security risk of 
                        an individual.
                    ``(B) Termination.--
                            ``(i) In general.--The transmission of the 
                        Comprehensive Cleared List to domestic air 
                        carriers and foreign air carriers under clause 
                        (i) of subparagraph (A) shall terminate on the 
                        date on which the Federal Government assumes 
                        terrorist watchlist or database screening 
                        functions.
                            ``(ii) Written notification to congress.--
                        Not later than 15 days after the date on which 
                        the transmission of the Comprehensive Cleared 
                        List to the air carriers referred to in clause 
                        (i) of this subparagraph terminates in 
                        accordance with such clause, the Secretary 
                        shall provide written notification to the 
                        Committee on Homeland Security of the House of 
                        Representatives and the Committee on Commerce, 
                        Science, and Transportation and the Committee 
                        on Homeland Security and Governmental Affairs 
                        of the Senate of such termination.
            ``(4) Intergovernmental efforts.--The Secretary may--
                    ``(A) enter into memoranda of understanding with 
                other Federal, State, local, and tribal agencies or 
                entities, as necessary, to improve the appeal and 
                redress process and for other purposes such as to 
                verify an individual's identity and personally 
                identifiable information; and
                    ``(B) work with other Federal, State, local, and 
                tribal agencies or entities that use any terrorist 
                watchlist or database to ensure, to the greatest extent 
                practicable, that the Comprehensive Cleared List is 
                considered when assessing the security risk of an 
                individual.
            ``(5) Handling of personally identifiable information.--The 
        Secretary, in conjunction with the Chief Privacy Officer of the 
        Department, shall--
                    ``(A) require that Federal employees of the 
                Department handling personally identifiable information 
                of individuals (in this paragraph referred to as `PII') 
                complete mandatory privacy and security training prior 
                to being authorized to handle PII;
                    ``(B) ensure that the information maintained under 
                this subsection is secured by encryption, including 
                one-way hashing, data anonymization techniques, or such 
                other equivalent technical security protections as the 
                Secretary determines necessary;
                    ``(C) limit the information collected from 
                misidentified passengers or other individuals to the 
                minimum amount necessary to resolve an appeal and 
                redress request;
                    ``(D) ensure that the information maintained under 
                this subsection is shared or transferred via an 
                encrypted data network that has been audited to ensure 
                that the anti-hacking and other security related 
                software functions perform properly and are updated as 
                necessary;
                    ``(E) ensure that any employee of the Department 
                receiving the information maintained under this 
                subsection handles such information in accordance with 
                section 552a of title 5, United States Code, the 
                Federal Information Security Management Act of 2002 
                (Public Law 107-296), and other applicable laws;
                    ``(F) only retain the information maintained under 
                this subsection for as long as needed to assist the 
                individual traveler in the appeal and redress process;
                    ``(G) engage in cooperative agreements with 
                appropriate Federal agencies and entities, on a 
                reimbursable basis, to ensure that legal name changes 
                are properly reflected in any terrorist watchlist or 
                database and the Comprehensive Cleared List to improve 
                the appeal and redress process and to ensure the most 
                accurate lists of identifications possible (except that 
                section 552a of title 5, United States Code, shall not 
                prohibit the sharing of legal name changes among 
                Federal agencies and entities for the purposes of this 
                section); and
                    ``(H) conduct and publish a privacy impact 
                assessment of the appeal and redress process 
                established under this section and transmit the 
                assessment to the Committee on Homeland Security of the 
                House of Representatives, and the Committee on 
                Commerce, Science, and Transportation and the Committee 
                on Homeland Security and Governmental Affairs of the 
                Senate.
            ``(6) Initiation of appeal and redress process at 
        airports.--At each airport at which--
                    ``(A) the Department has a presence, the Office 
                shall provide written information to air carrier 
                passengers to begin the appeal and redress process 
                established pursuant to subsection (a); and
                    ``(B) the Department has a significant presence, 
                provide the written information referred to in 
                subparagraph (A) and ensure a TSA supervisor who is 
                trained in such appeal and redress process is available 
                to provide support to air carrier passengers in need of 
                guidance concerning such process.
            ``(7) Report to congress.--Not later than 240 days after 
        the date of the enactment of this section, the Secretary shall 
        submit to the Committee on Homeland Security of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report on the status of 
        information sharing among users at the Department of any 
        terrorist watchlist or database. The report shall include the 
        following information:
                    ``(A) A description of the processes and the status 
                of the implementation of this section to share the 
                Comprehensive Cleared List with other Department 
                offices and components and other Federal, State, local, 
                and tribal authorities that utilize any terrorist 
                watchlist or database.
                    ``(B) A description of the extent to which such 
                other Department offices and components are taking into 
                account the Comprehensive Cleared List.
                    ``(C) Data on the number of individuals who have 
                sought and successfully obtained redress through the 
                Office of Appeals and Redress.
                    ``(D) Data on the number of individuals who have 
                sought and were denied redress through the Office of 
                Appeals and Redress.
                    ``(E) An assessment of what impact information 
                sharing of the Comprehensive Cleared List has had on 
                misidentifications of individuals who have successfully 
                obtained redress through the Office of Appeals and 
                Redress.
                    ``(F) An updated privacy impact assessment.
    ``(c) Terrorist Watchlist or Database Defined.--In this section, 
the term `terrorist watchlist or database' means any terrorist 
watchlist or database used by the Transportation Security 
Administration or any office or component of the Department of Homeland 
Security or specified in Homeland Security Presidential Directive-6, in 
effect as of the date of the enactment of this section.''.
    (b) Incorporation of Secure Flight.--Section 44903(j)(2) of title 
49, United States Code, is amended--
            (1) in subparagraph (C)(iii)--
                    (A) by redesignating subclauses (II) through (VII) 
                as subclauses (III) through (VIII), respectively; and
                    (B) by inserting after subclause (I) the following 
                new subclause:
                                    ``(II) ensure, not later than 30 
                                days after the date of the enactment of 
                                the Counterterrorism Enhancement and 
                                Department of Homeland Security 
                                Authorization Act, that the procedure 
                                established under subclause (I) is 
                                incorporated into the appeals and 
                                redress process established under 
                                section 890A of the Homeland Security 
                                Act of 2002;'';
            (2) in subparagraph (E)(iii), by inserting before the 
        period at the end the following: ``, in accordance with the 
        appeals and redress process established under section 890A of 
        the Homeland Security Act of 2002''; and
            (3) in subparagraph (G)--
                    (A) in clause (i), by adding at the end the 
                following new sentence: ``The Assistant Secretary shall 
                incorporate the process established pursuant to this 
                clause into the appeals and redress process established 
                under section 890A of the Homeland Security Act of 
                2002.''; and
                    (B) in clause (ii), by adding at the end the 
                following new sentence: ``The Assistant Secretary shall 
                incorporate the record established and maintained 
                pursuant to this clause into the Comprehensive Cleared 
                List established and maintained under such section 
                890A.''.
    (c) Conforming Amendment.--Title 49, United States Code, is amended 
by striking section 44926 (and the item relating to such section in the 
analysis for chapter 449 of title 49).
    (d) Clerical Amendment.--Section 1(b) of the Homeland Security Act 
of 2002 (6 U.S.C. 101(b)) is amended by inserting after the item 
relating to section 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.''.

SEC. 653. PERSONAL PROTECTIVE EQUIPMENT.

    (a) Use of Personal Protective Equipment.--
            (1) In general.--Any personnel of the Transportation 
        Security Administration voluntarily may wear personal 
        protective equipment during any emergency.
            (2) Written guidance.--Not later than 90 days after the 
        date of enactment of this Act, the Secretary of Homeland 
        Security shall establish, coordinate, and disseminate written 
        guidance to personnel of the Transportation Security 
        Administration to allow for the voluntary usage of personal 
        protective equipment.
    (b) Definition.--In this section the term ``protective equipment'' 
includes surgical masks and N95 masks.

SEC. 654. SECURITY SCREENING FOR MEMBERS OF THE ARMED FORCES.

    (a) In General.--Section 44903 of title 49, United States Code (as 
amended by this Act), is further amended by adding at the end the 
following:
    ``(n) Security Screening for Members of the Armed Forces.--
            ``(1) In general.--The Assistant Secretary shall develop 
        and implement a plan to provide expedited security screening 
        services for a member of the Armed Forces, and any accompanying 
        family member, when the member of the Armed Forces is traveling 
        on official orders while in uniform through a primary airport 
        (as defined by section 47102).
            ``(2) Protocols.--In developing the plan, the Assistant 
        Secretary shall consider--
                    ``(A) leveraging existing security screening models 
                used by airports and air carriers to reduce passenger 
                wait times before entering a security screening 
                checkpoint;
                    ``(B) establishing standard guidelines for the 
                screening of military uniform items, including combat 
                boots; and
                    ``(C) incorporating any new screening protocols 
                into an existing trusted passenger program, as 
                established pursuant to section 109(a)(3) of the 
                Aviation and Transportation Security Act (115 Stat. 
                613), or into the development of any new credential or 
                system that incorporates biometric technology and other 
                applicable technologies to verify the identity of 
                individuals traveling in air transportation.
            ``(3) Report to congress.--The Assistant Secretary shall 
        submit to the appropriate committees of Congress a report on 
        the implementation of the plan.''.
    (b) Effective Date.--Not later than one year after the date of 
enactment of this Act, the Assistant Secretary shall establish the plan 
required by the amendment made by subsection (a).

SEC. 655. REPORT ON COMMERCIAL AVIATION SECURITY PLANS.

    Not later than one year after the date of enactment of this Act, 
the Assistant Secretary shall submit a report to the appropriate 
committees of Congress that--
            (1) reviews whether the most recent security plans 
        developed by the commercial aviation airports in the United 
        States territories meet the security concerns described in 
        guidelines and other official documents issued by the 
        Transportation Security Administration pertaining to parts 1544 
        and 1546 of title 49, Code of Federal Regulations, particularly 
        with regard to the commingling of passengers;
            (2) makes recommendations regarding best practices 
        supported by the Transportation Security Administration and any 
        adequate alternatives that address the problems or benefits of 
        commingling passengers at such airports to satisfy the concerns 
        described in paragraph (1);
            (3) reviews the potential costs of implementing the 
        preferred and alternative methods to address the Administration 
        concerns regarding parts 1544 and 1546 of title 49, Code of 
        Federal Regulations, particularly in regards to the commingling 
        of passengers at the airport; and
            (4) identifies funding sources, including grant programs, 
        to implement improved security methods at such airports.

SEC. 656. STUDY ON COMBINATION OF FACIAL AND IRIS RECOGNITION.

    (a) Study Required.--The Assistant Secretary shall carry out a 
study on the use of the combination of facial and iris recognition to 
rapidly identify individuals in security checkpoint lines. Such study 
shall focus on--
            (1) increased accuracy of facial recognition;
            (2) enhancement of existing iris recognition technology; 
        and
            (3) establishment of integrated face and iris features for 
        accurate identification of individuals.
    (b) Purpose of Study.--The purpose of the study required by 
subsection (a) is to facilitate the use of a combination of facial and 
iris recognition to provide a higher probability of success in 
identification than either approach on its own and to achieve 
transformational advances in the flexibility, authenticity, and overall 
capability of integrated biometric detectors and satisfy one of major 
issues with war against terrorists. The operational goal of the study 
should be to provide the capability to non-intrusively collect 
biometrics (face image, iris) in less than 10 seconds without impeding 
the movement of individuals.

SEC. 657. ISSUANCE OF REGULATIONS AND SECURITY DIRECTIVES USING 
              EMERGENCY PROCEDURES.

    (a) In General.--Section 114(l) of title 49, United States Code, is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A) by striking ``immediately 
                in order to protect transportation security'' and 
                inserting ``in order to respond to an imminent threat 
                of finite duration''; and
                    (B) in subparagraph (B) by inserting ``to determine 
                if the regulation or security directive is needed to 
                respond to an imminent threat of finite duration'' 
                before the period at the end of the first sentence;
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Factors to consider.--
                    ``(A) In general.--In determining whether to issue, 
                rescind, or revise a regulation or security directive 
                under this subsection, the Assistant Secretary shall 
                consider, as factors in the final determination--
                            ``(i) whether the costs of the regulation 
                        or security directive are excessive in relation 
                        to the enhancement of security the regulation 
                        or security directive will provide;
                            ``(ii) whether the regulation or security 
                        directive will remain effective for more than a 
                        90-day period; and
                            ``(iii) whether the regulation or security 
                        directive will require revision in the 
                        subsequent 90-day period.
                    ``(B) Authority to waive certain requirements.--For 
                purposes of subparagraph (A)(i), the Assistant 
                Secretary may waive any requirement for an analysis 
                that estimates the number of lives that will be saved 
                by the regulation or security directive or the cost 
                basis for carrying out the regulation or security 
                directive if the Assistant Secretary determines that it 
                is not feasible to make such an estimate.''; and
            (3) by adding at the end the following:
            ``(5) Rulemaking required.--The Assistant Secretary shall, 
        to the maximum extent possible, ensure that a regulation or 
        security directive issued under paragraph (2) that remains 
        effective, with or without revision, for a period of more than 
        180 days is subject to a rulemaking pursuant to subchapter II 
        of chapter 5 of title 5, except that nothing in this paragraph 
        shall require the disclosure of information otherwise protected 
        from public disclosure under law or regulation.''.
    (b) Applicability.--The amendment made by subsection (a)(3) shall 
apply to a regulation issued under section 114(l)(2) of title 49, 
United States Code, before, on, or after the date of enactment of this 
Act.

SEC. 658. GENERAL AVIATION NEGOTIATED RULEMAKING.

    (a) Negotiated Rulemaking Committee.--Subject to subsection (b), 
the Secretary may not issue a rule, interim final rule, or a new 
rulemaking intended to address, in whole or in part, the proposed 
rulemaking entitled ``Large Aircraft Security Program, Other Aircraft 
Operator Security Program, and Airport Operator Security Program (TSA-
2008-0021)'' unless the Secretary--
            (1) establishes a negotiated rulemaking committee in 
        accordance with the requirements for establishing an advisory 
        committee under section 871 of the Homeland Security Act of 
        2002 (6 U.S.C. 451); and
            (2) receives a written report from the advisory committee 
        chosen pursuant to paragraph (1) describing in detail its 
        findings and recommendations.
    (b) Rule Exception.--
            (1) Urgent threat.--The Secretary may issue a rule 
        prohibited by subsection (a) if the Secretary determines, based 
        on a credible and urgent threat, that an emergency exists that 
        necessitates the immediate issuance of such a rule to save 
        lives or protect property.
            (2) Review of emergency determination.--Not later than 30 
        days after such a rule is issued under this subsection, the 
        Inspector General of the Department of Homeland Security shall 
        determine if a credible and urgent threat existed that 
        necessitated issuing an immediate rule and report its findings 
        to the Committees on Homeland Security and Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.

              Subtitle C--Surface Transportation Security

SEC. 661. SENSE OF CONGRESS REGARDING SECURING SURFACE TRANSPORTATION 
              SYSTEMS.

    (a) Findings.--The Congress finds that--
            (1) the Transportation Security Administration is uniquely 
        positioned to lead the efforts to secure our Nation's rail and 
        mass transit systems and other modes of surface transportation 
        against terrorist attack and should leverage the investments 
        and expertise developed from securing our Nation's commercial 
        air transportation system;
            (2) the successes of the Transportation Security 
        Administration's National Explosives Detection Canine Team 
        Program has furthered the Transportation Security 
        Administration's ability to secure our Nation's transportation 
        systems against terrorist attack by preventing and protecting 
        against explosives threats;
            (3) each weekday approximately 11,300,000 passengers depend 
        on our Nation's mass transit systems as a means of 
        transportation;
            (4) rail and mass transit systems serve as an enticing 
        target for terrorists and terrorist organizations, such as Al 
        Qaeda, as evidenced by the March 11, 2004, attack on the 
        Madrid, Spain, rail system, the July 7, 2005, attack on the 
        London, England, mass transit system, and the July 11, 2006, 
        and November 26, 2008, attacks on the Mumbai, India, rail 
        system;
            (5) the Transportation Security Administration 
        Authorization Act of 2009, which was passed by the House of 
        Representatives on June 4, 2009, in an overwhelming and 
        bipartisan manner, expresses Congress' commitment to bolstering 
        the security of rail and mass transit systems; and
            (6) securing our Nation's rail and mass transit systems 
        against terrorist attack and other security threats is 
        essential due to their impact on our Nation's economic 
        stability and the continued functioning of our national 
        economy.
    (b) Sense of Congress.--It is the sense of the Congress that the 
Transportation Security Administration should--
            (1) continue to enhance security against terrorist attack 
        and other security threats to our Nation's rail and mass 
        transit systems and other modes of surface transportation;
            (2) continue expansion of the National Explosives Detection 
        Canine Team Program, which has proven to be an effective tool 
        in securing against explosives threats to our Nation's rail and 
        mass transit systems, with particular attention to the 
        application of its training standards and the establishment of 
        a reliable source of domestically bred canines;
            (3) improve upon the success of the Online Learning Center 
        by providing increased person-to-person professional 
        development programs to ensure those responsible for securing 
        our surface transportation systems against terrorist attack are 
        highly trained in both securing those systems against terrorist 
        attack and professional relations with the traveling public; 
        and
            (4) continue to secure our Nation's mass transit and rail 
        systems against terrorist attack and other security threats, so 
        as to ensure the security of commuters on our Nation's rail and 
        mass transit systems and prevent the disruption of rail lines 
        critical to our Nation's economy.

SEC. 662. ASSISTANT SECRETARY DEFINED.

    Section 1301 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1111) is amended--
            (1) by redesignating paragraphs (2) through (6) as 
        paragraphs (3) through (7), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of Homeland Security 
        (Transportation Security Administration).''.

SEC. 663. SURFACE TRANSPORTATION SECURITY INSPECTION PROGRAM.

    (a) Findings.--Congress finds the following:
            (1) Surface transportation security inspectors assist 
        passenger rail stakeholders in identifying security gaps 
        through Baseline Assessment for Security Enhancement (``BASE'') 
        reviews, monitor freight rail stakeholder efforts to reduce the 
        risk that toxic inhalation hazard shipments pose to high threat 
        urban areas through Security Action Item (``SAI'') reviews, and 
        assist in strengthening chain of custody security.
            (2) Surface transportation security inspectors play a 
        critical role in building and maintaining working relationships 
        with transit agencies and acting as liaisons between such 
        agencies and the Transportation Security Operations Center, 
        relationships which are vital to effective implementation of 
        the surface transportation security mission.
            (3) In December 2006, the Transportation Security 
        Administration shifted from a system in which surface 
        transportation security inspectors reported to surface-focused 
        supervisors to a system in which inspectors report to aviation-
        focused supervisors in the field; a shift which has resulted in 
        a strained chain of command, misappropriation of inspectors to 
        nonsurface activities, the hiring of senior-level inspectors 
        with no surface qualifications, and significant damage to 
        relationships with transit agencies and inspector morale.
    (b) Surface Transportation Security Inspection Office.--Section 
1304 of the Implementing Recommendations of the 9/11 Commission Act of 
2007 (6 U.S.C. 1113) is amended--
            (1) by redesignating subsections (c) through (j) as 
        subsections (b) through (i), respectively; and
            (2) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Surface Transportation Security Inspection Office.--
            ``(1) Establishment.--The Secretary, acting through the 
        Assistant Secretary, shall establish an office to be known as 
        the Surface Transportation Security Inspection Office (in this 
        section referred to as the `Office').
            ``(2) Mission.--The Secretary shall use the Office to 
        train, employ, and utilize surface transportation security 
        inspectors to--
                    ``(A) assist surface transportation carriers, 
                operators, owners, entities, and facilities to enhance 
                their security against terrorist attacks and other 
                security threats; and
                    ``(B) assist the Secretary in enforcing applicable 
                surface transportation security regulations and 
                directives.
            ``(3) Officers.--
                    ``(A) Director.--The head of the Office shall be 
                the Director, who shall--
                            ``(i) oversee and coordinate the activities 
                        of the Office, including all officers and any 
                        corresponding surface transportation modes in 
                        which the Office carries out such activities, 
                        and the surface transportation security 
                        inspectors who assist in such activities; and
                            ``(ii) act as the primary point of contact 
                        between the Office and other entities that 
                        support the Department's surface transportation 
                        security mission through the efficient and 
                        appropriate use of surface transportation 
                        security inspectors and strong working 
                        relationships with surface transportation 
                        security stakeholders.
                    ``(B) Deputy director.--There shall be a Deputy 
                Director of the Office, who shall--
                            ``(i) assist the Director in carrying out 
                        the responsibilities of the Director under this 
                        subsection; and
                            ``(ii) serve as acting Director in the 
                        absence of the Director and during any vacancy 
                        in the office of Director.
            ``(4) Appointment.--
                    ``(A) In general.--The Director and Deputy Director 
                shall be responsible on a full-time basis for the 
                duties and responsibilities described in this 
                subsection.
                    ``(B) Classification.--The position of Director 
                shall be considered a position in the Senior Executive 
                Service as defined in section 2101a of title 5, United 
                States Code, and the position of Deputy Director shall 
                be considered a position classified at grade GS-15 of 
                the General Schedule.
            ``(5) Limitation.--No person shall serve as an officer 
        under subsection (a)(3) while serving in any other position in 
        the Federal Government.
            ``(6) Field offices.--
                    ``(A) Establishment.--The Secretary shall establish 
                primary and secondary field offices in the United 
                States to be staffed by surface transportation security 
                inspectors in the course of carrying out their duties 
                under this section.
                    ``(B) Designation.--The locations for, and 
                designation as `primary' or `secondary' of, such field 
                offices shall be determined in a manner that is 
                consistent with the Department's risk-based approach to 
                carrying out its homeland security mission.
                    ``(C) Command structure.--
                            ``(i) Primary field offices.--Each primary 
                        field office shall be led by a chief surface 
                        transportation security inspector, who has 
                        significant experience with surface 
                        transportation systems, facilities, and 
                        operations and shall report directly to the 
                        Director.
                            ``(ii) Secondary field offices.--Each 
                        secondary field office shall be led by a senior 
                        surface transportation security inspector, who 
                        shall report directly to the chief surface 
                        transportation security inspector of a 
                        geographically appropriate primary field 
                        office, as determined by the Director.''.
    (c) Number of Inspectors.--Section 1304(e) of such Act (6 U.S.C. 
1113(e)), as redesignated by subsection (b) of this section, is amended 
to read as follows:
    ``(e) Number of Inspectors.--Subject to the availability of 
appropriations, the Secretary shall hire not fewer than 200 additional 
surface transportation security inspectors in fiscal year 2011.''.
    (d) Coordination.--Section 1304(f) of such Act (6 U.S.C. 1113(f)), 
as redesignated by subsection (b) of this section, is amended by 
striking ``114(t)'' and inserting ``114(s)''.
    (e) Report.--Section 1304(h) of such Act (6 U.S.C. 1113(h)), as 
redesignated by subsection (b) of this section, is amended by striking 
``2008'' and inserting ``2011''.
    (f) Plan.--Section 1304(i) of such Act (6 U.S.C. 1113(i)), as 
redesignated by subsection (b) of this section, is amended to read as 
follows:
    ``(i) Plan.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Transportation Security Administration 
        Authorization Act, the Secretary shall submit to the Committee 
        on Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a plan for expanding the duties and leveraging the 
        expertise of surface transportation security inspectors to 
        further support the Department's surface transportation 
        security mission.
            ``(2) Contents.--The plan shall include--
                    ``(A) an analysis of how surface transportation 
                security inspectors could be used to conduct oversight 
                activities with respect to surface transportation 
                security projects funded by relevant grant programs 
                administered by the Department;
                    ``(B) an evaluation of whether authorizing surface 
                transportation security inspectors to obtain or possess 
                law enforcement qualifications or status would enhance 
                the capacity of the Office to take an active role in 
                the Department's surface transportation security 
                operations; and
                    ``(C) any other potential functions relating to 
                surface transportation security the Secretary 
                determines appropriate.''.
    (g) Authorization of Appropriations.--Section 1304 of such Act (6 
U.S.C. 1113) is amended by adding at the end the following:
    ``(j) Authorization of Appropriations.--From amounts made available 
under section 611 of the Transportation Security Administration 
Authorization Act, there are authorized to be appropriated such sums as 
may be necessary to the Secretary to carry out this section for fiscal 
year 2011.''.
    (h) Conforming Amendment.--Section 1304(b) of such Act (6 U.S.C. 
1113(b)), as redesignated by subsection (b) of this section, is amended 
by striking ``subsection (e)'' and inserting ``subsection (d)''.

SEC. 664. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS.

    Section 1303 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1112) is amended--
            (1) in subsection (a) by striking ``Administrator of the 
        Transportation Security Administration,'' and inserting 
        ``Assistant Secretary,'';
            (2) in subsection (a)(4) by striking ``team,'' and 
        inserting ``team as to specific locations and times within 
        their facilities at which VIPR teams should be deployed to 
        maximize the effectiveness of such deployment and other 
        matters,''; and
            (3) by striking subsection (b) and inserting the following:
    ``(b) Performance Measures.--Not later than one year after the date 
of enactment of the Transportation Security Administration 
Authorization Act, the Secretary shall develop and implement a system 
of qualitative performance measures and objectives by which to assess 
the roles, activities, and effectiveness of VIPR team operations on an 
ongoing basis, including a mechanism through which the transportation 
entities listed in subsection (a)(4) may submit feedback on VIPR team 
operations involving their systems or facilities.
    ``(c) Plan.--Not later than one year after the date of enactment of 
the Transportation Security Administration Authorization Act, the 
Secretary shall develop and implement a plan for ensuring the 
interoperability of communications among all participating VIPR team 
components as designated under subsection (a)(1) and between VIPR teams 
and any relevant transportation entities as designated in subsection 
(a)(4) whose systems or facilities are involved in VIPR team 
operations, including an analysis of the costs and resources required 
to carry out the plan.
    ``(d) Authorization of Appropriations.--From amounts made available 
under section 611 of the Transportation Security Administration 
Authorization Act, there are authorized to be appropriated to the 
Secretary to carry out this section such sums as may be necessary for 
fiscal year 2011.''.

SEC. 665. SURFACE TRANSPORTATION SECURITY STAKEHOLDER PARTICIPATION.

    (a) In General.--Title XIII of the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et seq.) is amended by 
adding at the end the following:

``SEC. 1311. TRANSIT SECURITY ADVISORY COMMITTEE.

    ``(a) Establishment.--
            ``(1) In general.--The Assistant Secretary shall establish 
        in the Transportation Security Administration an advisory 
        committee, to be known as the Transit Security Advisory 
        Committee (in this section referred to as the `Advisory 
        Committee'), to assist the Assistant Secretary with issues 
        pertaining to surface transportation security.
            ``(2) Recommendations.--
                    ``(A) In general.--The Assistant Secretary shall 
                require the Advisory Committee to develop 
                recommendations for improvements to surface 
                transportation security planning, methods, equipment, 
                and processes.
                    ``(B) Priority issues.--Not later than one year 
                after the date of enactment of the Transportation 
                Security Administration Authorization Act, the Advisory 
                Committee shall submit to the Assistant Secretary 
                recommendations on--
                            ``(i) improving homeland security 
                        information sharing between components of the 
                        Department of Homeland Security and surface 
                        transportation security stakeholders, including 
                        those represented on the Advisory Committee; 
                        and
                            ``(ii) streamlining or consolidating 
                        redundant security background checks required 
                        by the Department under relevant statutes 
                        governing surface transportation security, as 
                        well as redundant security background checks 
                        required by States where there is no legitimate 
                        homeland security basis for requiring such 
                        checks.
            ``(3) Meetings.--The Assistant Secretary shall require the 
        Advisory Committee to meet at least semiannually and may 
        convene additional meetings as necessary.
            ``(4) Unpaid position.--Advisory Committee Members shall 
        serve at their own expense and receive no salary, reimbursement 
        for travel expenses, or other compensation from the Federal 
        Government.
    ``(b) Membership.--
            ``(1) In general.--The Assistant Secretary shall ensure 
        that the Advisory Committee is composed of not more than one 
        individual representing not more than 27 member organizations, 
        including representatives from public transportation agencies, 
        passenger rail agencies or operators, railroad carriers, motor 
        carriers, owners or operators of highways, over-the-road bus 
        operators and terminal owners and operators, pipeline 
        operators, labor organizations representing employees of such 
        entities, and the surface transportation security technology 
        industry.
            ``(2) Appointments.--Members shall be appointed by the 
        Assistant Secretary and the Assistant Secretary shall have the 
        discretion to review the participation of any Advisory 
        Committee member and remove for cause at any time.
    ``(c) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee under this 
section.
    ``(d) Passenger Carrier Security Working Group.--
            ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee a passenger carrier security 
        working group to provide recommendations for successful 
        implementation of initiatives relating to passenger rail, over-
        the-road bus, and public transportation security proposed by 
        the Transportation Security Administration in accordance with 
        statutory requirements, including relevant grant programs and 
        security training provisions.
            ``(2) Meetings.--The working group shall meet at least 
        semiannually and provide annual reports to the Assistant 
        Secretary with recommendations to improve the Transportation 
        Security Administration's initiatives relating to passenger 
        rail, over-the-road bus, and public transportation security, 
        including grant, training, inspection, or other relevant 
        programs authorized in titles XIII and XIV, and subtitle C of 
        title XV of this Act.
            ``(3) Membership.--The working group shall be composed of 
        members from the Advisory Committee with expertise in public 
        transportation, over-the-road bus, or passenger rail systems 
        and operations, all appointed by the Assistant Secretary.
            ``(4) Reports.--
                    ``(A) In general.--The working group shall prepare 
                and submit reports to the Assistant Secretary in 
                accordance with this paragraph that provide 
                recommendations as described in paragraphs (1) and (2).
                    ``(B) Submission.--Not later than one year after 
                the date of enactment of the Transportation Security 
                Administration Authorization Act, and on an annual 
                basis thereafter, the working group shall submit a 
                report on the findings and recommendations developed 
                under subparagraph (A) to the Assistant Secretary.
    ``(e) Freight Rail Security Working Group.--
            ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee a freight rail security working 
        group to provide recommendations for successful implementation 
        of initiatives relating to freight rail security proposed by 
        the Transportation Security Administration in accordance with 
        statutory requirements, including relevant grant programs and 
        security training provisions.
            ``(2) Meetings.--The working group shall meet at least 
        semiannually and provide annual reports to the Assistant 
        Secretary with recommendations to improve the Transportation 
        Security Administration's initiatives relating to freight rail 
        security, including grant, training, inspection, or other 
        relevant programs authorized in titles XIII and XV of this Act.
            ``(3) Membership.--The working group shall be composed of 
        members from the Advisory Committee with expertise in freight 
        rail systems and operations, all appointed by the Assistant 
        Secretary.
            ``(4) Reports.--
                    ``(A) In general.--The working group shall prepare 
                and submit reports to the Assistant Secretary in 
                accordance with this paragraph that provide 
                recommendations as described in paragraphs (1) and (2).
                    ``(B) Submission.--Not later than one year after 
                the date of enactment of the Transportation Security 
                Administration Authorization Act, and on an annual 
                basis thereafter, the working group shall submit a 
                report on the findings and recommendations developed 
                under subparagraph (A) to the Assistant Secretary.''.
    (b) Conforming Amendment.--Section 1(b) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53) 
is amended by adding at the end of title XIII (Transportation Security 
Enchantments) the following:

``Sec. 1311. Transit Security Advisory Committee.''.

SEC. 666. HUMAN CAPITAL PLAN FOR SURFACE TRANSPORTATION SECURITY 
              PERSONNEL.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Assistant Secretary shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
human capital plan for hiring, training, managing, and compensating 
surface transportation security personnel, including surface 
transportation security inspectors.
    (b) Consultation.--In developing the human capital plan, the 
Assistant Secretary shall consult with the chief human capital officer 
of the Department of Homeland Security, the Director of the Surface 
Transportation Security Inspection Office, the Inspector General of the 
Department of Homeland Security, and the Comptroller General.
    (c) Approval.--Prior to submission, the human capital plan shall be 
reviewed and approved by the chief human capital officer of the 
Department of Homeland Security.

SEC. 667. SURFACE TRANSPORTATION SECURITY TRAINING.

    (a) Status Report.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall submit a report to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
on the status of the Department's implementation of sections 1408, 
1517, and 1534 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184), including 
detailed timeframes for development and issuance of the transportation 
security training regulations required under such sections.
    (b) Private Providers.--Not later than one year after the date of 
enactment of this Act, the Assistant Secretary shall identify criteria 
and establish a process for approving and maintaining a list of 
approved private third-party providers of security training with whom 
surface transportation entities may enter into contracts, as needed, 
for the purpose of satisfying security training requirements of the 
Department of Homeland Security, including requirements developed under 
sections 1408, 1517, and 1534 of the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184).

SEC. 668. IMPROVEMENT OF PUBLIC TRANSPORTATION SECURITY ASSISTANCE.

    (a) In General.--Section 1406 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53) 
is amended--
            (1) in subsection (b)(1)--
                    (A) in subparagraph (B), by inserting ``bollards,'' 
                after ``including''; and
                    (B) in subparagraph (D), by inserting after 
                ``including'' the following: ``projects for the purpose 
                of demonstrating or assessing the capability of such 
                systems and'';
            (2) by redesignating subsections (e) through (k) as 
        subsections (f) through (l), respectively;
            (3) by redesignating subsections (l) and (m) as subsections 
        (n) and (o), respectively;
            (4) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) Procedure.--
            ``(1) Timeline.--
                    ``(A) Availability of applications.--Applications 
                for grants under this section for a grant cycle shall 
                be made available to eligible applicants not later than 
                30 days after the date of the enactment of the 
                appropriations Act for the Department of Homeland 
                Security for the same fiscal year as the grant cycle.
                    ``(B) Submission of applications.--A public 
                transportation agency that is eligible for a grant 
                under this section shall submit an application for a 
                grant not later than 45 days after the applications are 
                made available under subparagraph (A).
                    ``(C) Action.--The Secretary shall make a 
                determination approving or rejecting each application 
                submitted under subparagraph (B), notify the applicant 
                of the determination, and immediately commence any 
                additional processes required to allow an approved 
                applicant to begin to receive grant funds by not later 
                than 60 days after date on which the Secretary receives 
                the application.
            ``(2) Prohibition of cost-sharing requirement.--No grant 
        under this section may require any cost-sharing contribution 
        from the grant recipient or from any related State or local 
        agency.
            ``(3) Annual report.--Not later than the date that is 180 
        days after the last determination made under paragraph (1)(C) 
        for a grant cycle, the Secretary shall submit to the Committees 
        on Appropriations and Homeland Security of the House of 
        Representatives and the Committees on Appropriations and 
        Homeland Security and Governmental Affairs of the Senate a 
        report that includes a list of all grants awarded under this 
        section for that grant cycle for which the grant recipient is 
        not, as of such date, able to receive grant funds and an 
        explanation of why such funds have not yet been released for 
        use by the recipient.
            ``(4) Performance.--
                    ``(A) Duration.--The performance period for grants 
                made under this section shall be a period of time not 
                less than 36 months in duration.
                    ``(B) Timing.--The performance period for any grant 
                made under this section shall not begin to run until 
                the recipient of the grant has been formally notified 
                that funds provided under the terms of the grant have 
                been released for use by the recipient.'';
            (5) by inserting after subsection (l), as redesignated by 
        paragraph (2) of this section, the following new subsection 
        (m):
    ``(m) Access.--The Secretary shall ensure that, for each grant 
awarded under this section, the Inspector General of the Department is 
authorized to--
            ``(1) examine any records of the grant recipient or any 
        contractors or subcontractors with which the recipient enters 
        into a contract, or any State or local agency, that directly 
        pertain to and involve transactions relating to grants under 
        this section; and
            ``(2) interview any officer or employee of the recipient, 
        any contractors or subcontractors with which the recipient 
        enters into a contract, or State or local agency regarding such 
        transactions.''; and
            (6) in subsection (o), as redesignated by paragraph (3) of 
        this section--
                    (A) by striking paragraph (1) and inserting the 
                following new paragraph (1):
            ``(1) In general.--There is authorized to be appropriated 
        to the Secretary to make grants under this section 
        $1,100,000,000 for fiscal year 2011, except that not more than 
        30 percent of such funds may be used for operational costs 
        under subsection (b)(2) of this section.'';
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively; and
                    (C) by inserting after paragraph (2) the following 
                new paragraph (3):
            ``(3) Exception.--The limitation on the percentage of funds 
        that may be used for operational costs under paragraph (1) 
        shall not apply to any costs involved with or relating to 
        explosives detection canine teams acquired or used for the 
        purpose of securing public transportation systems or 
        facilities.''.
    (b) Technical Assistance Pilot Program.--
            (1) Pilot program required.--
                    (A) In general.--Not later than one year after the 
                date of the enactment of this Act, the Assistant 
                Secretary shall conduct and complete a pilot program to 
                provide grants to not more than 7 public transportation 
                agencies eligible for security grants under section 
                1406 of the Implementing Recommendations of the 9/11 
                Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-
                53) for the purpose of obtaining external technical 
                support and expertise to assist such agencies in 
                conducting comprehensive security risk assessments of 
                public transportation systems, resources, and 
                facilities.
                    (B) Methodology.--Not later than 90 days after the 
                date of the enactment of this Act, the Assistant 
                Secretary shall identify--
                            (i) a comprehensive risk methodology for 
                        conducting comprehensive security risk 
                        assessments using grants made under this 
                        subsection that accounts for all three elements 
                        of risk, including threat, vulnerability, and 
                        consequence; and
                            (ii) an approved third-party provider of 
                        technical support and expertise for the purpose 
                        of providing external assistance to grantees in 
                        conducting comprehensive security risk 
                        assessments.
                    (C) Participants.--
                            (i) In general.--In selecting public 
                        transportation agencies to participate in the 
                        pilot program, the Assistant Secretary shall 
                        approve eligible agencies based on a 
                        combination of factors, including risk, whether 
                        the agency has completed a comprehensive 
                        security risk assessment referred to in 
                        subparagraph (B)(i) within a year preceding the 
                        date of enactment of this Act, and geographic 
                        representation.
                            (ii) Prior efforts.--No eligible public 
                        transportation agency may be denied 
                        participation in the pilot program on the 
                        grounds that it has applied for other grants 
                        administered by the Department for the purpose 
                        of conducting a comprehensive security risk 
                        assessment.
                    (D) Prohibitions.--In carrying out the pilot 
                program the Assistant Secretary shall ensure that--
                            (i) grants awarded under the pilot program 
                        shall supplement and not replace other sources 
                        of Federal funding;
                            (ii) other sources of Federal funding are 
                        not taken into consideration when assistance is 
                        awarded under the pilot program; and
                            (iii) no aspect of the pilot program is 
                        conducted or administered by a component of the 
                        Department other than the Transportation 
                        Security Administration.
            (2) Report.--Not later than 180 days after the completion 
        of the pilot program, the Assistant Secretary shall submit to 
        the Committee on Homeland Security of the House of 
        Representatives a report on the results of the pilot program, 
        including an analysis of the feasibility and merit of expanding 
        the pilot program to a permanent program and any 
        recommendations determined appropriate by the Assistant 
        Secretary.
            (3) Authorization of appropriations.--Of amounts made 
        available pursuant to section 611 for fiscal year 2011, 
        $7,000,000 shall be available to the Assistant Secretary to 
        carry out this subsection. Any amount made available to the 
        Assistant Secretary pursuant to this paragraph shall remain 
        available until the end of fiscal year 2012.
    (c) Report on Recommendations of Comptroller General.--
            (1) Report required.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary of Homeland 
        Security shall submit to the Committee on Homeland Security of 
        the House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs of the Senate a report on the 
        status of the Secretary's implementation of the recommendations 
        of the Comptroller General with respect to the improvement of 
        the administration of security grants under section 1406 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1135; Public Law 110-53).
            (2) Review by inspector general.--Before the Secretary 
        submits the report required under paragraph (1), the report 
        shall be reviewed by the Inspector General of the Department of 
        Homeland Security. When the Secretary submits the report to 
        Congress under paragraph (1), the Secretary shall include with 
        the report documentation verifying that the report was reviewed 
        by the Inspector General in accordance with this paragraph.

SEC. 669. INTERNATIONAL LESSONS LEARNED FOR SECURING PASSENGER RAIL AND 
              PUBLIC TRANSPORTATION SYSTEMS.

    (a) Findings.--Congress finds that--
            (1) numerous terrorist attacks since September 11, 2001, 
        have targeted passenger rail or public transportation systems;
            (2) nearly 200 people were killed and almost 2,000 more 
        were injured when terrorists set off 10 simultaneous explosions 
        on 4 commuter trains in Madrid, Spain, on March 11, 2004;
            (3) 50 people were killed and more than 700 injured in 
        successive bombings of 3 transit stations and a public bus in 
        London, England, on July 7, 2005, and a second attack against 4 
        similar targets on July 21, 2005, failed because of faulty 
        detonators;
            (4) more than 200 people were killed and more than 700 
        injured in simultaneous terrorist bombings of commuter trains 
        on the Western Line in the suburbs of Mumbai, India, on July 
        11, 2006;
            (5) the acts of terrorism in Mumbai, India, on November 26, 
        2008, included commando-style attacks on a major railway 
        station; and
            (6) a disproportionately low amount of attention and 
        resources have been devoted to surface transportation security 
        by the Department of Homeland Security, including the security 
        of passenger rail and public transportation systems, as 
        compared with aviation security, which has been the primary 
        focus of Federal transportation security efforts generally, and 
        of the Transportation Security Administration in particular.
    (b) Study.--The Comptroller General shall conduct a study on the 
efforts undertaken by the Secretary and Assistant Secretary, as well as 
other entities determined by the Comptroller General to have made 
significant efforts, since January 1, 2004, to learn from foreign 
nations that have been targets of terrorist attacks on passenger rail 
and public transportation systems in an effort to identify lessons 
learned from the experience of such nations to improve the execution of 
Department functions to address transportation security gaps in the 
United States.
    (c) Report.--
            (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report on the results of 
        the study. The report shall also include an analysis of 
        relevant conflicts of law that may affect the ability of the 
        Department to apply lessons learned.
            (2) Recommendations.--The Comptroller General shall include 
        in the report recommendations on how the Department and its 
        components, including the Transportation Security 
        Administration, can expand efforts to learn from the expertise 
        and the security practices of passenger rail and public 
        transportation systems in foreign nations that have experienced 
        terrorist attacks on such systems.

SEC. 670. UNDERWATER TUNNEL SECURITY DEMONSTRATION PROJECT.

    (a) Demonstration Project.--The Assistant Secretary, in 
consultation with the Under Secretary for Science and Technology, shall 
conduct a full-scale demonstration project to test and assess the 
feasibility and effectiveness of certain technologies to enhance the 
security of underwater public transportation tunnels against terrorist 
attacks involving the use of improvised explosive devices.
    (b) Inflatable Plugs.--
            (1) In general.--At least one of the technologies tested 
        under subsection (a) shall be inflatable plugs that may be 
        rapidly deployed to prevent flooding of a tunnel.
            (2) First technology tested.--Not later than 180 days after 
        the date of enactment of this Act, the Assistant Secretary 
        shall carry out a demonstration project that tests the 
        effectiveness of using inflatable plugs for the purpose 
        described in paragraph (1).
    (c) Report to Congress.--Not later than 180 days after completion 
of the demonstration project under this section, the Assistant 
Secretary shall submit a report to the appropriate committees of 
Congress, including the Committee on Homeland Security of the House of 
Representatives, on the results of the demonstration project.
    (d) Authorization of Appropriation.--Of the amounts made available 
under section 201 for fiscal year 2011, $8,000,000 shall be available 
to carry out this section.

SEC. 671. PASSENGER RAIL SECURITY DEMONSTRATION PROJECT.

    (a) Demonstration Project.--The Assistant Secretary, in 
consultation with the Under Secretary for Science and Technology, shall 
conduct a demonstration project in a passenger rail system to test and 
assess the feasibility and effectiveness of technologies to strengthen 
the security of passenger rail systems against terrorist attacks 
involving the use of improvised explosive devices.
    (b) Security Technologies.--The demonstration project under this 
section shall test and assess technologies to--
            (1) detect improvised explosive devices on station 
        platforms, through the use of foreign object detection programs 
        in conjunction with cameras; and
            (2) defeat improvised explosive devices left on rail 
        tracks.
    (c) Report to Congress.--Not later than 180 days after completion 
of the demonstration project under this section, the Assistant 
Secretary shall submit a report to the appropriate committees of 
Congress, including the Committee on Homeland Security of the House of 
Representatives, on the results of the demonstration project.

SEC. 672. EXPLOSIVES DETECTION CANINE TEAMS.

    Section 1307 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1116) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``2010'' and 
                inserting ``2011''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Allocation.--
                    ``(A)  In general.--The Secretary shall increase 
                the number of canine teams certified by the 
                Transportation Security Administration for the purpose 
                of passenger rail and public transportation security 
                activities to not less than 200 canine teams by the end 
                of fiscal year 2011.
                    ``(B) Cooperative agreements.--The Secretary shall 
                expand the use of canine teams to enhance passenger 
                rail and public transportation security by entering 
                into cooperative agreements with passenger rail and 
                public transportation agencies eligible for security 
                assistance under section 1406 of this Act for the 
                purpose of deploying and maintaining canine teams to 
                such agencies for use in passenger rail or public 
                transportation security activities and providing for 
                assistance in an amount not less than $75,000 for each 
                canine team deployed, to be adjusted by the Secretary 
                for inflation.
                    ``(C) Authorization of appropriations.--From 
                amounts made available under section 611 of the 
                Transportation Security Administration Authorization 
                Act, there are authorized to be appropriated to the 
                Secretary such sums as may be necessary to carry out 
                this paragraph for fiscal year 2011.'';
            (2) in subsection (d)--
                    (A) in paragraph (3), by striking ``and'';
                    (B) in paragraph (4), by striking the period at the 
                end and inserting the following: ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) expand the use of canine teams trained to detect 
        vapor wave trails in passenger rail and public transportation 
        security environments, as the Secretary, in consultation with 
        the Assistant Secretary, determines appropriate.'';
            (3) in subsection (e), by striking ``, if appropriate,'' 
        and inserting ``, to the extent practicable,''; and
            (4) by striking subsection (f) and inserting the following 
        new subsection (f):
    ``(f) Report.--Not later than one year after the date of the 
enactment of the Transportation Security Administration Authorization 
Act, the Comptroller General shall submit to the appropriate 
congressional committees a report on--
            ``(1) utilization of explosives detection canine teams to 
        strengthen security in passenger rail and public transportation 
        environments;
            ``(2) the capacity of the national explosive detection 
        canine team program as a whole to serve homeland security; and
            ``(3) how the Assistant Secretary could better support 
        State and local passenger rail and public transportation 
        entities in maintaining certified canine teams for the life of 
        the canine, including by providing financial assistance.''.

SEC. 673. DEPUTY ASSISTANT SECRETARY FOR SURFACE TRANSPORTATION 
              SECURITY.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Transportation Security Administration's capacity 
        to address surface transportation security would be enhanced 
        significantly by establishing a position of Deputy Assistant 
        Secretary for Surface Transportation Security to lead the 
        Transportation Security Administration's surface transportation 
        security mission; and
            (2) a Deputy Assistant Secretary for Surface Transportation 
        Security could provide the focused leadership and resource 
        management necessary to implement the policies and programs 
        that are critical to securing surface transportation modes and 
        ensure the effectiveness of the Surface Transportation Security 
        Inspection Office, security policy and grant functions 
        affecting surface transportation modes, and the Transit 
        Security Advisory Committee.
    (b) Report.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, the Inspector General of the Department 
        of Homeland Security shall submit to the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate a 
        report on the feasibility and merit of establishing a Deputy 
        Assistant Secretary for Surface Transportation Security in the 
        Transportation Security Administration to reflect the reality 
        of security threats that are faced by all modes of 
        transportation in the United States and also whether 
        establishing the position of a Deputy Assistant Secretary for 
        Aviation Security would more effectively streamline or enhance 
        the operational and policymaking capabilities of the 
        Transportation Security Administration for all transportation 
        modes.
            (2) Recommendations.--The Inspector General shall include 
        in the report recommendations on--
                    (A) the most effective and efficient ways to 
                organize offices, functions, personnel, and programs of 
                the Transportation Security Administration under or 
                among all respective Deputy Assistant Secretary 
                positions to be created;
                    (B) what offices, functions, personnel, and 
                programs of the Transportation Security Administration 
                would best remain outside of the scope of any new 
                Deputy Assistant Secretary positions in order that such 
                offices, functions, personnel, and programs maintain 
                the status of reporting directly to the Assistant 
                Secretary; and
                    (C) any other relevant matters, as the Inspector 
                General determines appropriate.

SEC. 674. PUBLIC HEARINGS ON SECURITY ASSISTANCE GRANT PROGRAM AND THE 
              RESTRICTION OF SECURITY IMPROVEMENT PRIORITIES.

    (a) Public Hearings.--Not later than 180 days after the date of the 
enactment of this Act, the Assistant Secretary shall conduct public 
hearings on the administration of the security assistance grant program 
under section 1406 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1135). The Assistant Secretary shall--
            (1) solicit information and input from the 5 urban areas 
        that receive the largest amount of grant funds under such 
        section, including recipients providing mass transportation and 
        passenger rail services; and
            (2) solicit feedback from such recipients on whether 
        current allowable uses of grant funds under the regulations or 
        guidance implementing the grant program are sufficient to 
        address security improvement priorities identified by transit 
        agencies.
    (b) Report to Congress.--The Assistant Secretary shall submit to 
the Committees on Appropriations and Homeland Security of the House of 
Representatives and the Committees on Appropriations and Homeland 
Security and Governmental Affairs of the Senate a report on the 
findings of the public hearings conducted under paragraph (1). The 
report shall include--
            (1) the Assistant Secretary's determinations with respect 
        to the extent to which security improvement priorities 
        identified by transit agencies are not met by the regulations 
        or guidance implementing the grant program; and
            (2) how such regulations or guidance should be changed to 
        accommodate such priorities, or the Assistant Secretary's 
        justification for not addressing such priorities with the grant 
        program.

            Subtitle D--Transportation Security Enhancements

                    CHAPTER 1--SECURITY ENHANCEMENTS

SEC. 681. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY BACKGROUND 
              CHECKS.

    Not later than one year after the date of enactment of this Act, 
the Comptroller General shall submit to the Committee on Homeland 
Security of the House of Representatives a report that contains--
            (1) a review of background checks and forms of 
        identification required under State and local transportation 
        security programs;
            (2) a determination as to whether the background checks and 
        forms of identification required under such programs duplicate 
        or conflict with Federal programs; and
            (3) recommendations on limiting the number of background 
        checks and forms of identification required under such programs 
        to reduce or eliminate duplication with Federal programs.

SEC. 682. ANIMAL-PROPELLED VESSELS.

    Notwithstanding section 70105 of title 46, United States Code, the 
Secretary shall not require an individual to hold a transportation 
security card, or be accompanied by another individual who holds such a 
card if--
            (1) the individual has been issued a license, certificate 
        of registry, or merchant mariner's document under part E of 
        subtitle II of title 46, United States Code;
            (2) the individual is not allowed unescorted access to a 
        secure area designated in a vessel or facility security plan 
        approved by the Secretary; and
            (3) the individual is engaged in the operation of an 
        animal-propelled vessel.

SEC. 683. REQUIREMENTS FOR ISSUANCE OF TRANSPORTATION SECURITY CARDS; 
              ACCESS PENDING ISSUANCE; REDUNDANT BACKGROUND CHECKS.

    Section 70105 of title 46, United States Code, is amended by adding 
at the end the following new subsections:
    ``(n) Processing Time.--The Secretary shall review an initial 
transportation security card application and respond to the applicant, 
as appropriate, including the mailing of an Initial Determination of 
Threat Assessment letter, within 30 days after receipt of the initial 
application. The Secretary shall, to the greatest extent practicable, 
review appeal and waiver requests submitted by a transportation 
security card applicant, and send a written decision or request for 
additional information required for the appeal or waiver determination, 
within 30 days after receipt of the applicant's appeal or waiver 
written request. For an applicant that is required to submit additional 
information for an appeal or waiver determination, the Secretary shall 
send a written decision, to the greatest extent practicable, within 30 
days after receipt of all requested information.
    ``(o) Receipt of Cards.--Within 180 days after the date of 
enactment of the Transportation Security Administration Authorization 
Act, the Secretary shall develop a process to permit an individual 
approved for a transportation security card under this section to 
receive the card at the individual's place of residence.
    ``(p) Fingerprinting.--The Secretary shall establish procedures 
providing for an individual who is required to be fingerprinted for 
purposes of this section to be fingerprinted at facilities operated by 
or under contract with an agency of the Department of the Secretary 
that engages in fingerprinting the public for transportation security 
or other security purposes.
    ``(q) Redundant Background Checks.--The Secretary shall prohibit a 
State or political subdivision thereof from requiring a separate 
security background check for any purpose for which a transportation 
security card is issued under this section. The Secretary may waive the 
application of this subsection with respect to a State or political 
subdivision thereof if the State or political subdivision demonstrates 
a compelling homeland security reason that a separate security 
background check is necessary.''.

SEC. 684. HARMONIZING SECURITY CARD EXPIRATIONS.

    Section 70105(b) of title 46, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(6) The Secretary may extend for up to one year the expiration of 
a biometric transportation security card required by this section to 
align the expiration with the expiration of a license, certificate of 
registry, or merchant mariner document required under chapter 71 or 
73.''.

SEC. 685. PIPELINE SECURITY STUDY.

    (a) Study.--The Comptroller General shall conduct a study regarding 
the roles and responsibilities of the Department of Homeland Security 
and the Department of Transportation with respect to pipeline security. 
The study shall address whether--
            (1) the Annex to the Memorandum of Understanding executed 
        on August 9, 2006, between the Department of Homeland Security 
        and the Department of Transportation adequately delineates 
        strategic and operational responsibilities for pipeline 
        security, including whether it is clear which Department is 
        responsible for--
                    (A) protecting against intentional pipeline 
                breaches;
                    (B) responding to intentional pipeline breaches; 
                and
                    (C) planning to recover from the effects of 
                intentional pipeline breaches;
            (2) the respective roles and responsibilities of each 
        Department are adequately conveyed to relevant stakeholders and 
        to the public; and
            (3) the processes and procedures for determining whether a 
        particular pipeline breach is a terrorist incident are clear 
        and effective.
    (b) Report on Study.--Not later than 180 days after the date of 
enactment of this section, the Comptroller General shall submit to the 
Committee on Homeland Security in the House of Representatives a report 
containing the findings of the study conducted under subsection (a).
    (c) Report to Congress.--Not later than 90 days after the issuance 
of the report regarding the study conducted pursuant to this section, 
the Secretary of Homeland Security shall review and analyze the study 
and submit to the Committee on Homeland Security of the House of 
Representatives a report on such review and analysis, including any 
recommendations for--
            (1) changes to the Annex to the Memorandum of Understanding 
        described in subsection (a)(1); and
            (2) other improvements to pipeline security activities at 
        the Department of Homeland Security.

SEC. 686. TRANSPORTATION SECURITY ADMINISTRATION CENTRALIZED TRAINING 
              FACILITY.

    (a)  Study.--The Secretary of Homeland Security shall carry out a 
study on the feasibility of establishing a centralized training center 
for advanced security training provided by the Transportation Security 
Administration for the purpose of enhancing aviation security.
    (b) Considerations.--In conducting the study, the Secretary shall 
take into consideration the benefits, costs, equipment, personnel 
needs, and building requirements for establishing such a training 
center and if the benefits of establishing the center are an efficient 
use of resources for training transportation security officers.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report regarding the 
results of the study.

                  CHAPTER 2--SAFE TRUCKERS ACT OF 2010

SEC. 691. SHORT TITLE.

    This chapter may be cited as the ``Screening Applied Fairly and 
Equitably to Truckers Act of 2010'' or the ``SAFE Truckers Act of 
2010''.

SEC. 692. SURFACE TRANSPORTATION SECURITY.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following:

              ``TITLE XXI--SURFACE TRANSPORTATION SECURITY

``SEC. 2101. TRANSPORTATION OF SECURITY SENSITIVE MATERIALS.

    ``(a) Security Sensitive Materials.--Not later than 120 days after 
the date of enactment of this section, the Secretary shall issue final 
regulations, after notice and comment, defining security sensitive 
materials for the purposes of this title.
    ``(b) Motor Vehicle Operators.--The Secretary shall prohibit an 
individual from operating a motor vehicle in commerce while 
transporting a security sensitive material unless the individual holds 
a valid transportation security card issued by the Secretary under 
section 70105 of title 46, United States Code.
    ``(c) Shippers.--The Secretary shall prohibit a person from--
            ``(1) offering a security sensitive material for 
        transportation by motor vehicle in commerce; or
            ``(2) causing a security sensitive material to be 
        transported by motor vehicle in commerce,
unless the motor vehicle operator transporting the security sensitive 
material holds a valid transportation security card issued by the 
Secretary under section 70105 of title 46, United States Code.

``SEC. 2102. ENROLLMENT LOCATIONS.

    ``(a) Fingerprinting Locations.--The Secretary shall--
            ``(1) work with appropriate entities to ensure that 
        fingerprinting locations for individuals applying for a 
        transportation security card under section 70105 of title 46, 
        United States Code, have flexible operating hours; and
            ``(2) permit an individual applying for such transportation 
        security card to utilize a fingerprinting location outside of 
        the individual's State of residence to the greatest extent 
        practicable.
    ``(b) Receipt and Activation of Cards.--The Secretary shall develop 
guidelines and procedures to permit an individual to receive a 
transportation security card under section 70105 of title 46, United 
States Code, at the individual's place of residence and to activate the 
card at any enrollment center.
    ``(c) Number of Locations.--The Secretary shall develop and 
implement a plan--
            ``(1) to offer individuals applying for a transportation 
        security card under section 70105 of title 46, United States 
        Code, the maximum number of fingerprinting locations 
        practicable across diverse geographic regions; and
            ``(2) to conduct outreach to appropriate stakeholders, 
        including owners, operators, and relevant entities (and labor 
        organizations representing employees of such owners, operators, 
        and entities), to keep the stakeholders informed of the 
        timeframe and locations for the opening of additional 
        fingerprinting locations.
    ``(d) Authorization.--There are authorized to be appropriated such 
sums as may be necessary to carry out this section.

``SEC. 2103. AUTHORITY TO ENSURE COMPLIANCE.

    ``(a) In General.--The Secretary is authorized to ensure compliance 
with this title.
    ``(b) Memorandum of Understanding.--The Secretary may enter into a 
memorandum of understanding with the Secretary of Transportation to 
ensure compliance with section 2101.

``SEC. 2104. CIVIL PENALTIES.

    ``A person that violates this title or a regulation or order issued 
under this title is liable to the United States Government pursuant to 
the Secretary's authority under section 114(v) of title 49, United 
States Code.

``SEC. 2105. COMMERCIAL MOTOR VEHICLE OPERATORS REGISTERED TO OPERATE 
              IN MEXICO OR CANADA.

    ``The Secretary shall prohibit a commercial motor vehicle operator 
licensed to operate in Mexico or Canada from operating a commercial 
motor vehicle transporting a security sensitive material in commerce in 
the United States until the operator has been subjected to, and not 
disqualified as a result of, a security background records check by a 
Federal agency that the Secretary determines is similar to the security 
background records check required for commercial motor vehicle 
operators in the United States transporting security sensitive 
materials in commerce.

``SEC. 2106. OTHER SECURITY BACKGROUND CHECKS.

    ``The Secretary shall determine that an individual applying for a 
transportation security card under section 70105 of title 46, United 
States Code, has met the background check requirements for such card if 
the individual was subjected to, and not disqualified as a result of, a 
security background records check by a Federal agency that the 
Secretary determines is equivalent to or more stringent than the 
background check requirements for such card.

``SEC. 2107. REDUNDANT BACKGROUND CHECKS.

    ``(a) In General.--After the date of enactment of this title, the 
Secretary shall prohibit a State or political subdivision thereof from 
requiring a separate security background check of an individual seeking 
to transport hazardous materials.
    ``(b) Waivers.--The Secretary may waive the application of 
subsection (a) with respect to a State or political subdivision thereof 
if the State or political subdivision demonstrates a compelling 
homeland security reason that a separate security background check is 
necessary to ensure the secure transportation of hazardous materials in 
the State or political subdivision.
    ``(c) Limitation on Statutory Construction.--Nothing in this 
section shall limit the authority of a State to ensure that an 
individual has the requisite knowledge and skills to safely transport 
hazardous materials in commerce.

``SEC. 2108. TRANSITION.

    ``(a) Treatment of Individuals Receiving Prior Hazardous Materials 
Endorsements.--The Secretary shall treat an individual who has obtained 
a hazardous materials endorsement in accordance with section 1572 of 
title 49, Code of Federal Regulations, before the date of enactment of 
this title, as having met the background check requirements of a 
transportation security card under section 70105 of title 46, United 
States Code, subject to reissuance or expiration dates of the hazardous 
materials endorsement.
    ``(b) Reduction in Fees.--The Secretary shall reduce, to the 
greatest extent practicable, any fees associated with obtaining a 
transportation security card under section 70105 of title 46, United 
States Code, for any individual referred to in subsection (a).

``SEC. 2109. SAVINGS CLAUSE.

    ``Nothing in this title shall be construed as affecting the 
authority of the Secretary of Transportation to regulate hazardous 
materials under chapter 51 of title 49, United States Code.

``SEC. 2110. DEFINITIONS.

    ``In this title, the following definitions apply:
            ``(1) Commerce.--The term `commerce' means trade or 
        transportation in the jurisdiction of the United States--
                    ``(A) between a place in a State and a place 
                outside of the State; or
                    ``(B) that affects trade or transportation between 
                a place in a State and a place outside of the State.
            ``(2) Hazardous material.--The term `hazardous material' 
        has the meaning given that term in section 5102 of title 49, 
        United States Code.
            ``(3) Person.--The term `person', in addition to its 
        meaning under section 1 of title 1, United States Code--
                    ``(A) includes a government, Indian tribe, or 
                authority of a government or tribe offering security 
                sensitive material for transportation in commerce or 
                transporting security sensitive material to further a 
                commercial enterprise; but
                    ``(B) does not include--
                            ``(i) the United States Postal Service; and
                            ``(ii) in section 2104, a department, 
                        agency, or instrumentality of the Government.
            ``(4) Security sensitive material.--The term `security 
        sensitive material' has the meaning given that term in section 
        1501 of the Implementing Recommendations of the 9/11 Commission 
        Act of 2007 (6 U.S.C. 1151).
            ``(5) Transports; transportation.--The term `transports' or 
        `transportation' means the movement of property and loading, 
        unloading, or storage incidental to such movement.''.

SEC. 693. CONFORMING AMENDMENT.

    The table of contents contained in section 1(b) of the Homeland 
Security Act of 2002 (116 Stat. 2135) is 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.''.

SEC. 694. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.

    Section 5103a of title 49, United States Code, and the item 
relating to that section in the analysis for chapter 51 of such title, 
are repealed.

SEC. 695. DEADLINES AND EFFECTIVE DATES.

    (a) Issuance of Transportation Security Cards.--Not later than May 
31, 2011, the Secretary shall begin issuance of transportation security 
cards under section 70105 of title 46, United States Code, to 
individuals who seek to operate a motor vehicle in commerce while 
transporting security sensitive materials.
    (b) Effective Date of Prohibitions.--The prohibitions contained in 
sections 2101 and 2106 of the Homeland Security Act of 2002 (as added 
by this subtitle) shall take effect on the date that is 3 years after 
the date of enactment of this Act.
    (c) Effective Date of Section 694 Amendments.--The amendments made 
by section 694 of this Act shall take effect on the date that is 3 
years after the date of enactment of this Act.

SEC. 696. TASK FORCE ON DISQUALIFYING CRIMES.

    (a) Establishment.--The Secretary shall establish a task force to 
review the lists of crimes that disqualify individuals from 
transportation-related employment under current regulations of the 
Transportation Security Administration and assess whether such lists of 
crimes are accurate indicators of a terrorism security risk.
    (b) Membership.--The task force shall be composed of 
representatives of appropriate industries, including labor unions 
representing employees of such industries, Federal agencies, and other 
appropriate entities, as determined by the Secretary.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the task force shall submit to the Secretary and the 
Committee on Homeland Security of the House of Representatives a report 
containing the results of the review, including recommendations for a 
common list of disqualifying crimes and the rationale for the inclusion 
of each crime on the list.

                      TITLE VII--MARITIME SECURITY

                     Subtitle A--General Provisions

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

    Of the amount authorized to be appropriated to the Secretary under 
section 201, funds are authorized to be appropriated to the Commandant 
of the Coast Guard for fiscal year 2011 for necessary expenses of the 
Coast Guard as follows:
            (1) For necessary expenses for the operation and 
        maintenance of the Coast Guard not otherwise provided for; 
        purchase or lease of not to exceed 25 passenger motor vehicles, 
        which shall be for replacement only; purchase or lease of small 
        boats for contingent and emergent requirements (at a unit cost 
        of no more than $700,000) and repairs and service-life 
        replacements, not to exceed a total of $26,000,000; minor shore 
        construction projects not exceeding $1,000,000 in total cost at 
        any location; payments pursuant to section 156 of Public Law 
        97-377 (42 U.S.C. note; 96 Stat. 1920); and recreation and 
        welfare; $6,689,655,000 of which $340,000,000 shall be for 
        defense-related activities; of which $24,500,000 shall be 
        derived from the Oil Spill Liability Trust Fund to carry out 
        the purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990 (33 U.S.C. 2712(a)(5)); of which not to exceed $20,000 
        shall be for official reception and representation expenses: 
        Provided further, that none of the funds made available by this 
        Act shall be for expenses incurred for recreational vehicles 
        under section 12114 of title 46, United States Code, except to 
        the extent fees are collected from yacht owners and credited to 
        this appropriation.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,477,228,000 of which--
                    (A) $20,000,000 shall be derived from the Oil Spill 
                Liability Trust Fund to carry out the purposes of 
                section 1012(a)(5) of the Oil Pollution Act of 1990, to 
                remain available until expended;
                    (B) $1,208,502,000 is authorized for the Integrated 
                Deepwater System Program, including $96,000,000 for 
                long lead construction materials for National Security 
                Cutter #6; and
                    (C) $69,200,000 is authorized for shore facilities 
                and aids to navigation.
            (3) To the Commandant of the Coast Guard for research, 
        development, test, and evaluation of technologies, material, 
        and human factors directly relating to improving the 
        performance of Coast Guard missions, $25,034,000, to remain 
        available until expended, of which $500,000 shall be derived 
        from the Oil Spill Liability Trust Fund to carry out the 
        purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations of this purpose), 
        payments under the Retired Serviceman's Family Protection and 
        Survivor Benefit Plans, and payments for medical care of 
        retired personnel and their dependents under chapter 55 of 
        title 10, United States Code, $1,400,700,000 to remain 
        available until expended.
            (5) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operation and maintenance), $13,329,000 to remain 
        available until expended.
            (6) For Coast Guard Reserve Program, including personnel 
        and training costs, equipment, and services, $135,675,000.
            (7) None of the funds authorized by this Act may be used 
        for the decommissioning of a Coast Guard High Endurance Cutter 
        unless the Coast Guard commissions, including in commission 
        special status, a replacement National Security Cutter within 
        90 days after such decommissioning.

SEC. 702. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 47,000 for the fiscal year 
ending on September 30, 2011.
    (b) Military Training Student Loads.--For fiscal year 2011, the 
Coast Guard is authorized average military training student loads as 
follows:
            (1) For recruit and special training, 2,500 student years.
            (2) For flight training, 165 student years.
            (3) For professional training in military and civilian 
        institutions, 350 student years.
            (4) For officer acquisition, 1,200 student years.

SEC. 703. ADMIRALS AND VICE ADMIRALS.

    (a) Admirals.--Section 41 of title 14, United States Code, is 
amended by striking ``an admiral,'' and inserting ``admirals;''.
    (b) Vice Commandant.--Section 47 of title 14, United States Code, 
is amended--
            (1) in the section heading by striking ``assignment'' and 
        inserting ``appointment''; and
            (2) in the text by striking ``vice admiral'' and inserting 
        ``admiral''.
    (c) Vice Admirals.--
            (1) In general.--Section 50 of title 14, United States 
        Code, is amended to read as follows:
``Sec. 50. Vice admirals
    ``(a)(1) The President may designate 4 positions of importance and 
responsibility that shall be held by officers who--
            ``(A) while so serving, shall have the grade of vice 
        admiral, with the pay and allowances of that grade; and
            ``(B) shall perform any duties as the Commandant may 
        prescribe.
    ``(2) The 4 vice admiral positions authorized under paragraph (1) 
are, respectively, the following:
            ``(A) The Deputy Commandant for Mission Support.
            ``(B) The Deputy Commandant for Operations Policy.
            ``(C) The Commander, Force Readiness Command.
            ``(D) The Commander, Operations Command.
    ``(3) The President may appoint, by and with the advice and consent 
of the Senate, and reappoint, by and with the advice and consent of the 
Senate, to each of the positions designated under paragraph (1) an 
officer of the Coast Guard who is serving on active duty above the 
grade of captain. The Commandant shall make recommendations for those 
appointments.
    ``(4)(A) Except as provided in subparagraph (B), the Deputy 
Commandant for Operations Policy must have at least 10 years experience 
in vessel inspection, marine casualty investigations, mariner 
licensing, or an equivalent technical expertise in the design and 
construction of commercial vessels, with at least 4 years of leadership 
experience at a staff or unit carrying out marine safety functions.
    ``(B) The requirements of subparagraph (A) do not apply to such 
Deputy Commandant if the subordinate officer serving in the grade of 
rear admiral with responsibilities for marine safety, security, and 
stewardship possesses that experience.
    ``(b)(1) The appointment and the grade of vice admiral under this 
section shall be effective on the date the officer assumes that duty 
and, except as provided in paragraph (2) of this subsection or in 
section 51(d) of this title, shall terminate on the date the officer is 
detached from that duty.
    ``(2) An officer who is appointed to a position designated under 
subsection (a) shall continue to hold the grade of vice admiral--
            ``(A) while under orders transferring the officer to 
        another position designated under subsection (a), beginning on 
        the date the officer is detached from duty and terminating on 
        the date before the day the officer assumes the subsequent 
        duty, but not for more than 60 days;
            ``(B) while hospitalized, beginning on the day of the 
        hospitalization and ending on the day the officer is discharged 
        from the hospital, but not for more than 180 days; and
            ``(C) while awaiting retirement, beginning on the date the 
        officer is detached from duty and ending on the day before the 
        officer's retirement, but not for more than 60 days.
    ``(c)(1) An appointment of an officer under subsection (a) does not 
vacate the permanent grade held by the officer.
    ``(2) An officer serving in a grade above rear admiral who holds 
the permanent grade of rear admiral (lower half) shall be considered 
for promotion to the permanent grade of rear admiral as if the officer 
was serving in the officer's permanent grade.
    ``(d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of the 
qualifications needed by an officer serving in that position to carry 
out effectively the duties and responsibilities of that position.''.
            (2) Application of deputy commandant qualification 
        requirement.--The requirement under section 50(a)(4)(A) of 
        title 14, United States Code, as amended by this subsection, 
        shall apply on and after October 1, 2011.
    (d) Repeal.--Section 50a of title 14, United States Code, is 
repealed.
    (e) Conforming Amendment.--Section 51 of that title is amended--
            (1) by amending subsections (a), (b), and (c) to read as 
        follows:
    ``(a) An officer, other than the Commandant, who, while serving in 
the grade of admiral or vice admiral, is retired for physical 
disability shall be placed on the retired list with the highest grade 
in which that officer served.
    ``(b) An officer, other than the Commandant, who is retired while 
serving in the grade of admiral or vice admiral, or who, after serving 
at least two and one-half years in the grade of admiral or vice 
admiral, is retired while serving in a lower grade, may in the 
discretion of the President, be retired with the highest grade in which 
that officer served.
    ``(c) An officer, other than the Commandant, who, after serving 
less than two and one-half years in the grade of admiral or vice 
admiral, is retired while serving in a lower grade, shall be retired in 
his permanent grade.''; and
            (2) in subsection (d)(2) by striking ``Area Commander, or 
        Chief of Staff'' and inserting ``or Vice Admirals''.
    (f) Continuity of Grade.--Section 52 of title 14, United States 
Code, is amended--
            (1) in the section heading by inserting ``and admirals'' 
        after ``Vice admirals''; and
            (2) in the text by inserting ``or admiral'' after ``vice 
        admiral'' the first time that term appears.
    (g) Continuation on Active Duty.--The second sentence of section 
290(a) of title 14, United States Code, is amended to read as follows: 
``Officers, other than the Commandant, serving for the time being or 
who have served in the grade of vice admiral or admiral are not subject 
to consideration for continuation under this subsection, and as to all 
other provisions of this section shall be considered as having been 
continued in the grade of rear admiral.''.
    (h) Treatment of Incumbents; Transition.--
            (1) Vice commandant.--Notwithstanding any other provision 
        of law, the officer who, on the date of enactment of this Act, 
        is serving in the Coast Guard as Vice Commandant--
                    (A) shall continue to serve as Vice Commandant;
                    (B) shall have the grade of admiral with pay and 
                allowances of that grade; and
                    (C) shall not be required to be reappointed by 
                reason of the enactment of this Act.
            (2)  Chief of staff, commander, atlantic area, or 
        commander, pacific area.--Notwithstanding any other provision 
        of law, an officer who, on the date of enactment of this Act, 
        is serving in the Coast Guard as Chief of Staff, Commander, 
        Atlantic Area, or Commander, Pacific Area--
                    (A) shall continue to have the grade of vice 
                admiral with pay and allowance of that grade until such 
                time that the officer is relieved of his or her duties 
                and appointed and confirmed to another position as a 
                vice admiral or admiral; and
                    (B) for the purposes of transition, may continue, 
                for not more than one year after the date of enactment 
                of this Act, to perform the duties of the officer's 
                former position and any other such duties that the 
                Commandant prescribes.
    (i) Clerical Amendments.--
            (1) The table of sections at the beginning of chapter 3 of 
        title 14, United States Code, is amended--
                    (A) by striking the item relating to section 47 and 
                inserting the following:

``47. Vice Commandant; appointment.'';
                    (B) by striking the item relating to section 50 and 
                inserting the following:

``50. Vice admirals.'';
                    (C) by striking the item relating to section 50a; 
                and
                    (D) by striking the item relating to section 52 and 
                inserting the following:

``52. Vice admirals and admirals, continuity of grade.''.
    (j) Technical Correction.--Section 47 of title 14, United States 
Code, is further amended in the fifth sentence by striking 
``subsection'' and inserting ``section''.

SEC. 704. COAST GUARD COMMISSIONED OFFICERS: COMPULSORY RETIREMENT.

    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by striking section 293 and inserting the following:
``Sec. 293. Compulsory retirement
    ``(a) Regular Commissioned Officers.--Any regular commissioned 
officer, except a commissioned warrant officer, serving in a grade 
below rear admiral (lower half) shall be retired on the first day of 
the month following the month in which the officer becomes 62 years of 
age.
    ``(b) Flag-Officer Grades.--(1) Except as provided in paragraph 
(2), any regular commissioned officer serving in a grade of rear 
admiral (lower half) or above shall be retired on the first day of the 
month following the month in which the officer becomes 64 years of age.
    ``(2) The retirement of an officer under paragraph (1) may be 
deferred--
            ``(A) by the President, but such a deferment may not extend 
        beyond the first day of the month following the month in which 
        the officer becomes 68 years of age; or
            ``(B) by the Secretary, but such a deferment may not extend 
        beyond the first day of the month following the month in which 
        the officer becomes 66 years of age.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by striking the item relating to such section and 
inserting the following:

``293. Compulsory retirement.''.

SEC. 705. COMMISSIONED OFFICERS.

    (a) Active Duty Promotion List.--Section 42 of title 14, United 
States Code, is amended to read as follows:
``Sec. 42. Number and distribution of commissioned officers on active 
              duty promotion list
    ``(a) Maximum Total Number.--The total number of Coast Guard 
commissioned officers on the active duty promotion list, excluding 
warrant officers, shall not exceed 6,700; except that the Commandant 
may temporarily increase that number by up to 2 percent for no more 
than 60 days following the date of the commissioning of a Coast Guard 
Academy class.
    ``(b) Distribution Percentages by Grade.--
            ``(1) Required.--The total number of commissioned officers 
        authorized by this section shall be distributed in grade in the 
        following percentages: 0.375 percent for rear admiral; 0.375 
        percent for rear admiral (lower half); 6.0 percent for captain; 
        15.0 percent for commander; and 22.0 percent for lieutenant 
        commander.
            ``(2) Discretionary.--The Secretary shall prescribe the 
        percentages applicable to the grades of lieutenant, lieutenant 
        (junior grade), and ensign.
            ``(3) Authority of secretary to reduce percentage.--The 
        Secretary--
                    ``(A) may reduce, as the needs of the Coast Guard 
                require, any of the percentages set forth in paragraph 
                (1); and
                    ``(B) shall apply that total percentage reduction 
                to any other lower grade or combination of lower 
                grades.
    ``(c) Computations.--
            ``(1) In general.--The Secretary shall compute, at least 
        once each year, the total number of commissioned officers 
        authorized to serve in each grade by applying the grade 
        distribution percentages established by or under this section 
        to the total number of commissioned officers listed on the 
        current active duty promotion list.
            ``(2) Rounding fractions.--Subject to subsection (a), in 
        making the computations under paragraph (1), any fraction shall 
        be rounded to the nearest whole number.
            ``(3) Treatment of officers serving outside coast guard.--
        The number of commissioned officers on the active duty 
        promotion list below the rank of rear admiral (lower half) 
        serving with other Federal departments or agencies on a 
        reimbursable basis or excluded under section 324(d) of title 49 
        shall not be counted against the total number of commissioned 
        officers authorized to serve in each grade.
    ``(d) Use of Numbers; Temporary Increases.--The numbers resulting 
from computations under subsection (c) shall be, for all purposes, the 
authorized number in each grade; except that the authorized number for 
a grade is temporarily increased during the period between one 
computation and the next by the number of officers originally appointed 
in that grade during that period and the number of officers of that 
grade for whom vacancies exist in the next higher grade but whose 
promotion has been delayed for any reason.
    ``(e) Officers Serving Coast Guard Academy and Reserve.--The number 
of officers authorized to be serving on active duty in each grade of 
the permanent commissioned teaching staff of the Coast Guard Academy 
and of the Reserve serving in connection with organizing, 
administering, recruiting, instructing, or training the reserve 
components shall be prescribed by the Secretary.''.
    (b) Clerical Amendment.--The analysis for chapter 3 of such title 
is amended by striking the item relating to section 42 and inserting 
the following:

``42. Number and distribution of commissioned officers on active duty 
                            promotion list.''.

SEC. 706. ADMINISTRATION OF MARITIME SECURITY.

    (a) Establish Maritime Security as a Coast Guard Function.--Chapter 
5 of title 14, United States Code, is further amended by adding at the 
end the following new section:
``Sec. 103. Maritime security
    ``To protect life, property, and the environment on, under, and 
over waters subject to the jurisdiction of the United States and on 
vessels subject to the jurisdiction of the United States, the 
Commandant shall promote maritime security as follows:
            ``(1) By taking actions necessary in the public interest to 
        protect such life, property, and the environment.
            ``(2) Based on priorities established by the Commandant 
        including--
                    ``(A) protecting maritime borders from all 
                intrusions, reducing the risk from terrorism to United 
                States passengers at foreign and domestic ports and in 
                designated waterfront facilities, and preventing and 
                responding to terrorist attacks and other homeland 
                security threats;
                    ``(B) protecting critical maritime infrastructure 
                and other key resources; and
                    ``(C) preventing, to the maximum extent 
                practicable, a transportation security incident as 
                defined in section 70101 of title 46.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is further amended by adding at the end the following new item:

``Sec. 103. Maritime security.''.
    (c) Maritime Security Staff.--
            (1) In general.--Chapter 3 of title 14, United States Code, 
        is further amended by adding at the end the following new 
        sections:
``Sec. 60. Maritime security workforce
    ``(a) Designation of Maritime Security Workforce.--
            ``(1) In general.--The Secretary, acting through the 
        Commandant, shall ensure appropriate coverage of maritime 
        security missions within the workforce in each sector.
            ``(2) Required positions.--In designating positions under 
        paragraph (1), the Secretary shall include the following 
        maritime security-related positions:
                    ``(A) Program oversight.
                    ``(B) Counterterrorism functions.
                    ``(C) Counterintelligence functions.
                    ``(D) Criminal investigations related to maritime 
                security.
                    ``(E) Port security enforcement.
                    ``(F) Any other activities that the Commandant 
                deems as necessary.
            ``(3) Maritime security management activities.--The 
        Secretary shall also designate under paragraph (1) those 
        maritime security-related management positions located at Coast 
        Guard headquarters, Coast Guard Readiness Command, Coast Guard 
        Operations Command, the Deployable Operations Group, and the 
        Intelligence Coordination Center.
    ``(b) Career Paths.--The Secretary, acting through the Commandant, 
may establish appropriate career paths for civilian and military Coast 
Guard personnel who wish to pursue careers in maritime security are 
identified in terms of the education, training, experience, and 
assignments necessary for career progression of civilians and member of 
the Armed Forces to the most senior maritime security positions. The 
Secretary shall make available published information on such career 
paths.
    ``(c) Balanced Workforce Policy.--In the development of maritime 
security workforce policies under this section with respect to any 
civilian employees or applicants for employment with the Coast Guard, 
the Secretary shall, consistent with the merit system principles set 
out in paragraphs (1) and (2) of section 2301(b) of title 5, take into 
consideration the need to maintain a balanced workforce in which women 
and members of racial and ethnic minority groups are appropriately 
represented in Government service.
    ``(d) Sector Chief of Maritime Security.--
            ``(1) In general.--The Commandant may assign, as 
        appropriate, a Chief of Maritime Security who shall be at least 
        a Lieutenant Commander or civilian employee within the grade 
        GS-13 of the General Schedule in each Coast Guard sector.
            ``(2) Functions.--The Chief of Maritime Security for a 
        sector--
                    ``(A) is responsible for all individuals who, on 
                behalf of the Coast Guard, conduct port security 
                operations, counterterrorism operations, intelligence 
                and counterintelligence operations, and support 
                national defense operations; and
                    ``(B) if not the Coast Guard officer in command of 
                that sector, is the principal advisor to the Sector 
                Commander regarding maritime security matters in that 
                sector.
    ``(e) Signatories of Letter of Qualification.--Each individual 
signing a letter of qualification for maritime security personnel must 
hold a letter of qualification for the type being certified.
``Sec. 61. Centers of expertise for maritime security
    ``(a) Establishment.--The Commandant may establish and operate one 
or more centers of Maritime Security (in this section referred to as a 
`Center').
    ``(b) Missions.--The Centers shall--
            ``(1) be used to facility education, training, and research 
        in maritime security including maritime domain awareness, 
        counterterrorism policy and operations, and intelligence 
        collection, fusion, and dissemination;
            ``(2) develop a repository on information on maritime 
        security; and
            ``(3) perform any other function as the Commandant may 
        specify.
    ``(c) Joint Operation With Educational Institution Authorized.--The 
Commandant may enter into an agreement with an appropriate official of 
an institution of higher education to--
            ``(1) provide for joint operation of a Center; and
            ``(2) provide necessary administrative service for a 
        Center, including administration and allocation of funds.
    ``(d) Acceptance of Donations.--
            ``(1) In general.--The Commandant may accept, on behalf of 
        a center, donations to be used to defray the costs of the 
        Center or to enhance the operation of the Center.
            ``(2) Guidance.--The Commandant shall prescribe written 
        guidance setting forth the criteria to be used in determining 
        if the acceptance of a donation is appropriate.''.
            (2) Clerical amendment.--The analysis at the beginning of 
        such chapter is further amended by adding at the end the 
        following new items:

``Sec. 60. Maritime security workforce.
``Sec. 61. Centers of expertise for maritime security.''.
    (d) Powers and Duties.--Section 93 of title 14, United States Code, 
is amended by adding at the end the following new subsection:
    ``(e) In exercising the Commandant's duties and responsibilities 
with regard to maritime security, the Commandant shall designate a flag 
officer to serve as the principal advisor to the Commandant for 
maritime security. The designee shall have at least 10 years combined 
experience in operations, intelligence, counterterrorism, 
counterintelligence, port security, criminal investigations (except 
maritime casualty investigations), and port security or other maritime 
security functions, and at least four years of leadership experience at 
a staff or unit carrying out maritime security functions.''.

SEC. 707. MARITIME SECURITY RESPONSE TEAMS.

    Section 70106 of title 46, United States Code, is amended by 
striking subsection (c) and inserting the following:
    ``(c) Maritime Security Response Teams.--
            ``(1) In general.--In addition to the maritime safety and 
        security teams, the Secretary shall establish no less than two 
        maritime security response teams to act as the Coast Guard's 
        rapidly deployable counterterrorism and law enforcement 
        response units that can apply advanced interdiction skills in 
        response to threats of maritime terrorism.
            ``(2) Minimization of response time.--The maritime security 
        response teams shall be stationed in such a way to minimize, to 
        the extent practicable, the response time to any reported 
        maritime terrorist threat.
            ``(3) Dedicated aviation support.--The maritime security 
        response teams required by this subsection shall include a 
        deployable aviation support element capable of providing 
        regular training to ensure a maritime security response team's 
        proficiency in vertical insertion operations.
    ``(d) Coordination With Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team and maritime security 
response team shall coordinate its activities with other Federal, 
State, and local law enforcement and emergency response agencies.''.

SEC. 708. MARITIME SAFETY AND SECURITY TEAMS.

    None of the funds authorized in this Act may be used to 
decommission or otherwise reduce the capabilities of a maritime safety 
and security team commissioned prior to the date of enactment of this 
Act unless the Secretary certifies in writing to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate that such a 
decommissioning would not diminish the Coast Guard's ability to respond 
in an effective and timely manner to a suspected terrorism or other 
homeland security threat in the port or region where such a maritime 
safety and security team is located.

SEC. 709. WATERSIDE SECURITY OF CERTAIN DANGEROUS CARGO.

    (a) National Study.--
            (1) In general.--The Secretary of Homeland Security, acting 
        through the Commandant of the Coast Guard, shall--
                    (A) initiate a national study to identify measures 
                to improve the security of maritime transportation of 
                certain dangerous cargo; and
                    (B) coordinate with other Federal agencies, the 
                National Maritime Security Advisory Committee, and 
                appropriate State and local government officials 
                through the Area Maritime Security Committees and other 
                existing coordinating committees, to evaluate the 
                waterside security of vessels carrying, and waterfront 
                facilities handling, certain dangerous cargo.
            (2) Matters to be included.--The study conducted under this 
        subsection shall include--
                    (A) an analysis of existing risk assessment 
                information relating to waterside security generated by 
                the Coast Guard and Area Maritime Security Committees 
                as part of the Maritime Security Risk Assessment Model;
                    (B) a review and analysis of appropriate roles and 
                responsibilities of maritime stakeholders, including 
                Federal, State, and local law enforcement and industry 
                security personnel, responsible for waterside security 
                of vessels carrying, and waterfront facilities 
                handling, certain dangerous cargo, including--
                            (i) the number of ports in which State and 
                        local law enforcement entities are providing 
                        any services to enforce Coast Guard-imposed 
                        security zones around vessels transiting to, 
                        through, or from United States ports or to 
                        conduct security patrols in United States 
                        ports;
                            (ii) the number of formal agreements 
                        entered into between the Coast Guard and State 
                        and local law enforcement entities to engage 
                        State and local law enforcement entities in the 
                        enforcement of Coast Guard-imposed security 
                        zones around vessels transiting to, through, or 
                        from United States ports or the conduct of port 
                        security patrols in United States ports, the 
                        duration of those agreements, and the aid that 
                        State and local entities are engaged to provide 
                        through such agreements;
                            (iii) the extent to which the Coast Guard 
                        has set national standards for training, 
                        equipment, and resources to ensure that State 
                        and local law enforcement entities engaged in 
                        enforcing Coast Guard-imposed security zones 
                        around vessels transiting to, through, or from 
                        United States ports or in conducting port 
                        security patrols in United States ports (or 
                        both) can deter to the maximum extent 
                        practicable a transportation security incident;
                            (iv) the extent to which the Coast Guard 
                        has assessed the ability of State and local law 
                        enforcement entities to carry out the security 
                        assignments that they have been engaged to 
                        perform, including their ability to meet any 
                        national standards for training, equipment, and 
                        resources that have been established by the 
                        Coast Guard in order to ensure that those 
                        entities can deter to the maximum extent 
                        practicable a transportation security incident;
                            (v) the extent to which State and local law 
                        enforcement entities are able to meet national 
                        standards for training, equipment, and 
                        resources established by the Coast Guard to 
                        ensure that those entities can deter to the 
                        maximum extent practicable a transportation 
                        security incident;
                            (vi) the differences in law enforcement 
                        authority, and particularly boarding authority, 
                        between the Coast Guard and State and local law 
                        enforcement entities, and the impact that these 
                        differences have on the ability of State and 
                        local law enforcement entities to provide the 
                        same level of security that the Coast Guard 
                        provides during the enforcement of Coast Guard-
                        imposed security zones and the conduct of 
                        security patrols in United States ports; and
                            (vii) the extent of resource, training, and 
                        equipment differences between State and local 
                        law enforcement entities and the Coast Guard 
                        units engaged in enforcing Coast Guard-imposed 
                        security zones around vessels transiting to, 
                        through, or from United States ports or 
                        conducting security patrols in United States 
                        ports;
                    (C) recommendations for risk-based security 
                measures to improve waterside security of vessels 
                carrying, and waterfront facilities handling, certain 
                dangerous cargo; and
                    (D) identification of security funding 
                alternatives, including an analysis of the potential 
                for cost-sharing by the public and private sectors as 
                well as any challenges associated with such cost-
                sharing.
            (3) Information protection.--In carrying out the 
        coordination necessary to effectively complete the study, the 
        Commandant shall implement measures to ensure the protection of 
        any sensitive security information, proprietary information, or 
        classified information collected, reviewed, or shared during 
        collaborative engagement with maritime stakeholders and other 
        Government entities, except that nothing in this paragraph 
        shall constitute authority to withhold information from--
                    (A) the Congress; or
                    (B) first responders requiring such information for 
                the protection of life or property.
            (4) Report.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary, acting through the 
        Commandant, shall submit to the Committees on Homeland Security 
        and Transportation and Infrastructure of the House of 
        Representatives and the Committees on Commerce, Science, and 
        Transportation and Homeland Security and Governmental Affairs 
        of the Senate a report on the results of the study under this 
        subsection.
    (b) National Strategy.--Not later than 6 months after submission of 
the report required by subsection (a), the Secretary, acting through 
the Commandant, shall develop, in conjunction with appropriate Federal 
agencies, a national strategy for the waterside security of vessels 
carrying, and waterfront facilities handling, certain dangerous cargo. 
The strategy shall utilize the results of the study required by 
subsection (a).
    (c) Security of Certain Dangerous Cargo.--
            (1) Enforcement of security zones.--Consistent with other 
        provisions of Federal law, the Coast Guard shall coordinate and 
        be responsible for the enforcement of any Federal security zone 
        established by the Coast Guard around a vessel containing 
        certain dangerous cargo. The Coast Guard shall allocate 
        available resources so as to deter and respond to a 
        transportation security incident, to the maximum extent 
        practicable, and to protect lives or protect property in 
        danger.
            (2) Limitation on reliance on state and local government.--
        Any security arrangement approved after the date of enactment 
        of this Act to assist in the enforcement of any security zone 
        established by the Coast Guard around a vessel carrying a 
        certain dangerous cargo or around a waterfront facility 
        handling a certain dangerous cargo may not be based upon the 
        provision of security by a State or local government unless the 
        Secretary, acting through the Commandant of the Coast Guard, 
        ensures that the waterborne patrols operated as part of that 
        security arrangement by a State or local government have the 
        training, resources, personnel, and experience necessary to 
        carry out the security responsibilities that they have been 
        engaged to perform in order, to the maximum extent practicable, 
        to deter and respond to a transportation security incident.
            (3) Determination required for new facilities.--The 
        Secretary of Homeland Security, acting through the Commandant 
        of the Coast Guard, may not approve a facility security plan 
        under section 70103 of title 46, United States Code, for a new 
        facility the construction of which is begun after the date of 
        enactment of this Act, that receives or ships through maritime 
        commerce certain dangerous cargo unless the Secretary 
        determines that there are sufficient resources available to 
        ensure compliance with the facility security plan.
            (4) Resource deficiency reporting.--The Secretary, acting 
        through the Commandant of the Coast Guard, shall provide to the 
        Committees on Homeland Security and Transportation and 
        Infrastructure of the House of Representatives and the 
        Committees on Commerce, Science, and Transportation and 
        Homeland Security and Governmental Affairs of the Senate 90 
        days after the end of each fiscal year a report indicating--
                    (A) the number of security zones established for 
                certain dangerous cargo shipments;
                    (B) the number of certain dangerous cargo shipments 
                provided a waterborne security escort, subdivided by 
                Federal, State, local, or private security; and
                    (C) an assessment as to any additional vessels, 
                personnel, infrastructure, and other resources 
                necessary to provide waterborne escorts to those 
                certain dangerous cargo shipments for which a security 
                zone is established.
    (d) Definitions.--For the purposes of this section, the follow 
definitions apply:
            (1) Certain dangerous cargo.--The term ``certain dangerous 
        cargo'' means a material, or a group or class of material, in a 
        particular amount and form that the Secretary, though the 
        Commandant, determines by regulation poses a significant risk 
        of creating a transportation security incident while being 
        transported in maritime commerce.
            (2) Area maritime security committee.--The term ``Area 
        Maritime Security Committee'' means each of those committees 
        responsible for producing Area Maritime Transportation Security 
        Plans under chapter 701 of title 46, United States Code.
            (3) Transportation security incident.--The term 
        ``transportation security incident'' has the same meaning as 
        that term has in section 70101 of title 46, United States Code.

SEC. 710. COAST GUARD VESSELS AND AIRCRAFT.

    (a) Authority To Fire At or Into a Vessel.--Section 637(c) of title 
14, United States Code, is amended--
            (1) in paragraph (1), by striking ``; or'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) any other vessel or aircraft on government 
        noncommercial service when--
                    ``(A) the vessel or aircraft is under the tactical 
                control of the Coast Guard; and
                    ``(B) at least one member of the Coast Guard is 
                assigned and conducting a Coast Guard mission on the 
                vessel or aircraft.''.
    (b) Authority To Display Coast Guard Ensigns and Pennants.--Section 
638(a) of title 14, United States Code, is amended by striking ``Coast 
Guard vessels and aircraft'' and inserting ``Vessels and aircraft 
authorized by the Secretary''.

SEC. 711. LASER TRAINING SYSTEM.

    (a) In General.--Within one year after the date of enactment of 
this Act, the Secretary shall test an integrated laser engagement 
system for the training of members of the Coast Guard assigned to small 
vessels in the use of individual weapons and machine guns on those 
vessels. The test shall be conducted on vessels on the Great Lakes 
using similar laser equipment used by other Federal agencies. However, 
that equipment shall be adapted for use in the marine environment.
    (b) Report.--The Secretary shall submit a report to the Committee 
on Transportation and Infrastructure and the Committee on Homeland 
Security of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate within 6 months after the 
conclusions of the test required under subsection (a) on the costs and 
benefits of using the system regionally and nationwide to train members 
of the Coast Guard in the use of individual weapons and machine guns.

SEC. 712. COAST GUARD DETECTION CANINE TEAM PROGRAM EXPANSION.

    (a) Definitions.--For purposes of this section:
            (1) Canine detection team.--The term ``detection canine 
        team'' means a canine and a canine handler that are trained to 
        detect narcotics or explosives, or other threats as defined by 
        the Secretary.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
    (b) Detection Canine Teams.--
            (1) Increased capacity.--Not later than 240 days after the 
        date of enactment of this Act, the Secretary shall--
                    (A) begin to increase the number of detection 
                canine teams certified by the Coast Guard for the 
                purposes of maritime-related security by no fewer than 
                10 canine teams annually through fiscal year 2013; and
                    (B) encourage owners and operators of port 
                facilities, passenger cruise liners, oceangoing cargo 
                vessels, and other vessels identified by the Secretary 
                to strengthen security through the use of highly 
                trained detection canine teams.
            (2) Canine procurement.--The Secretary, acting through the 
        Commandant of the Coast Guard, shall--
                    (A) procure detection canine teams as efficiently 
                as possible, including, to the greatest extent 
                possible, through increased domestic breeding, while 
                meeting the performance needs and criteria established 
                by the Commandant;
                    (B) support expansion and upgrading of existing 
                canine training facilities operated by the Department 
                of Homeland Security; and
                    (C) as appropriate, partner with other Federal, 
                State, or local agencies, nonprofit organizations, 
                universities, or the private sector to increase the 
                breeding and training capacity for Coast Guard canine 
                detection teams.
    (c) Deployment.--The Secretary shall prioritize deployment of the 
additional canine teams to ports based on risk, consistent with the 
Security and Accountability For Every Port Act of 2006 (Public Law 109-
347).

SEC. 713. MARITIME BIOMETRIC IDENTIFICATION.

    (a) In General.--Within one year after the date of the enactment of 
this Act, the Secretary of Homeland Security, acting through the 
Commandant of the Coast Guard, shall conduct, in the maritime 
environment, a program for the mobile biometric identification of 
suspected individuals, including terrorists, to enhance border security 
and for other purposes.
    (b) Requirements.--The Secretary shall ensure the program required 
in this section is coordinated with other biometric identification 
programs within the Department of Homeland Security.
    (c) Cost Analysis.--Within 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on 
Appropriations and Homeland Security of the House of Representatives 
and the Committees on Appropriations and Homeland Security and 
Governmental Affairs of the Senate an analysis of the cost of expanding 
the Coast Guard's biometric identification capabilities for use by the 
Coast Guards Deployable Operations Group, cutters, stations, and other 
deployable maritime teams considered appropriate by the Secretary, and 
any other appropriate Department of Homeland Security maritime vessels 
and units. The analysis may include a tiered plan for the deployment of 
this program that gives priority to vessels and units more likely to 
encounter individuals suspected of making illegal border crossings 
through the maritime environment.
    (d) Definition.--For the purposes of this section, the term 
``biometric identification'' means use of fingerprint and digital 
photography images and facial and iris scan technology.
    (e) Study on Combination of Facial and Iris Recognition.--
            (1) Study required.--The Secretary of Homeland Security 
        shall carry out a study on the use by the Coast Guard of the 
        combination of facial and iris recognition to rapidly identify 
        individuals for security purposes. Such study shall focus on--
                    (A) increased accuracy of facial recognition;
                    (B) enhancement of existing iris recognition 
                technology; and
                    (C) establishment of integrated face and iris 
                features for accurate identification of individuals.
            (2) Purpose of study.--The purpose of the study required by 
        paragraph (1) is to facilitate the use of a combination of 
        facial and iris recognition to provide a higher probability of 
        success in identification than either approach on its own and 
        to achieve transformational advances in the flexibility, 
        authenticity, and overall capability of integrated biometric 
        detectors and satisfy one of major issues with war against 
        terrorists. The operational goal of the study should be to 
        provide the capability to nonintrusively collect biometrics 
        (face image, iris) in an accurate and expeditious manner to 
        assist the Coast Guard in fulfilling its mission to protect and 
        support national security.

SEC. 714. REVIEW OF POTENTIAL THREATS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report analyzing 
the threat, vulnerability, and consequence of a terrorist attack on 
gasoline and chemical cargo shipments in port activity areas in the 
United States.

SEC. 715. PORT SECURITY PILOT.

    The Secretary of Homeland Security shall establish a pilot program 
to test and deploy preventive radiological or nuclear detection 
equipment on Coast Guard vessels and other locations in select port 
regions to enhance border security and for other purposes. The pilot 
program shall leverage existing Federal grant funding to support this 
program and the procurement of additional equipment.

SEC. 716. SEASONAL WORKERS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on the effects that the Transportation Worker 
Identification Credential (in this section referred to as ``TWIC'') 
required by section 70105 of title 46, United States Code, has on 
companies that employ seasonal employees.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General shall submit a report to the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate on the results of 
the study, including--
            (1) costs associated in requiring seasonal employees to 
        obtain TWIC cards on companies;
            (2) whether the Coast Guard and Transportation Security 
        Administration are processing TWIC applications quickly enough 
        for seasonal workers to obtain TWIC certification;
            (3) whether TWIC compliance costs or other factors have led 
        to a reduction in service;
            (4) the impact of TWIC on the recruiting and hiring of 
        seasonal and other temporary employees; and
            (5) an assessment of possible alternatives to TWIC 
        certification that may be used for seasonal employees including 
        any security vulnerabilities created by those alternatives.

SEC. 717. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME WORKERS.

    (a) In General.--Within 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall establish procedures 
providing for an individual who is required to be fingerprinted for 
purposes of obtaining a transportation security card under section 
70105 of title 46, United States Code, to be fingerprinted at any 
facility operated by or under contract with an agency of the Department 
of Homeland Security that fingerprints the public for the Department.
    (b) Expiration.--This section expires on December 31, 2012.

SEC. 718. TRANSPORTATION SECURITY CARDS ON VESSELS.

    Section 70105(b)(2) of title 46, United States Code, is amended--
            (1) in subparagraph (B), by inserting after ``title'' the 
        following: ``allowed unescorted access to a secure area 
        designated in a vessel security plan approved under section 
        70103 of this title''; and
            (2) in subparagraph (D), by inserting after ``tank vessel'' 
        the following: ``allowed unescorted access to a secure area 
        designated in a vessel security plan approved under section 
        70103 of this title''.

SEC. 719. INTERNATIONAL LABOR STUDY.

    The Comptroller General of the United States shall conduct a study 
of methods to conduct a background security investigation of an 
individual who possesses a biometric identification card that complies 
with International Labor Convention number 185 that are equivalent to 
the investigation conducted on individuals applying for a visa to enter 
the United States. The Comptroller General shall submit a report on the 
study within 180 days after the date of enactment of this Act to the 
Committee on Transportation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.

SEC. 720. MARITIME SECURITY ADVISORY COMMITTEES.

    Section 70112 of title 46, United States Code, is amended--
            (1) by amending subsection (b)(5) to read as follows:
    ``(5)(A) The National Maritime Security Advisory Committee shall be 
composed of--
            ``(i) at least 1 individual who represents the interests of 
        the port authorities;
            ``(ii) at least 1 individual who represents the interests 
        of the facilities owners or operators;
            ``(iii) at least 1 individual who represents the interests 
        of the terminal owners or operators;
            ``(iv) at least 1 individual who represents the interests 
        of the vessel owners or operators;
            ``(v) at least 1 individual who represents the interests of 
        the maritime labor organizations;
            ``(vi) at least 1 individual who represents the interests 
        of the academic community;
            ``(vii) at least 1 individual who represents the interests 
        of State or local governments; and
            ``(viii) at least 1 individual who represents the interests 
        of the maritime industry.
    ``(B) Each Area Maritime Security Advisory Committee shall be 
composed of individuals who represents the interests of the port 
industry, terminal operators, port labor organizations, and other users 
of the port areas.''; and
            (2) in subsection (g)--
                    (A) in paragraph (1)(A), by striking ``2008;'' and 
                inserting ``2010;'';
                    (B) by repealing paragraph (2);
                    (C) by striking ``(1)''; and
                    (D) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2).

SEC. 721. SEAMEN'S SHORESIDE ACCESS.

    Each facility security plan approved under section 70103(c) of 
title 46, United States Code, shall provide a system for seamen 
assigned to a vessel at that facility, pilots, and representatives of 
seamen's welfare and labor organizations to board and depart the vessel 
through the facility in a timely manner at no cost to the individual.

SEC. 722. USE OF FORCE AGAINST PIRACY.

    (a) In General.--Chapter 81 of title 46, United States Code, is 
amended by adding at the end the following new section:
``Sec. 8107. Use of force against piracy
    ``A person who uses force at sea to defend a vessel against an act 
of piracy shall not be liable for monetary damages in any action 
brought with respect to harm caused by such use of force to anyone 
engaging in such act of piracy, unless the person using such force knew 
at the time that it was substantially in excess of what was reasonable 
in defending the vessel against such act of piracy.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following new item:

``8107. Use of force against piracy.''.

SEC. 723. AGREEMENTS.

    To carry out the purpose of this title, the Secretary shall work 
through the International Maritime Organization to establish agreements 
to promote coordinated action among flag- and port-states to deter, 
protect against, and rapidly respond to acts of piracy against the 
vessels of, and in the waters under the jurisdiction of, those nations, 
and to ensure limitations on liability similar to those established by 
section 8107 of title 46, United States Code, as amended by this title.

SEC. 724. RISK-BASED CARGO SECURITY PROGRAM.

    (a) In General.--Section 1701 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (Public Law 110-53) is amended by--
            (1) striking section 1701(b)(2);
            (2) striking ``under (2)(B)'' in section 1701(b)(3); and
            (3) striking ``specified in paragraph (2)(A) or (2)(B)'' in 
        section 1701(b)(4).
    (b) Risk-based Scanning.--The Secretary shall expand the Container 
Security Initiative program established in section 205 of the SAFE Port 
Act (Public Law 109-347) to not less than five additional foreign ports 
not later than December 31, 2012.

          Subtitle B--Alien Smuggling and Terrorism Prevention

SEC. 731. SHORT TITLE.

    This subtitle may be cited as the ``Alien Smuggling and Terrorism 
Prevention Act of 2010''.

SEC. 732. FINDINGS.

    The Congress makes the following findings:
            (1) Alien smuggling by land, air and sea is a transnational 
        crime that violates the integrity of United States borders, 
        compromises our Nation's sovereignty, places the country at 
        risk of terrorist activity, and contravenes the rule of law.
            (2) Aggressive enforcement activity against alien smuggling 
        is needed to protect our borders and ensure the security of our 
        Nation. The border security and anti-smuggling efforts of the 
        men and women on the Nation's front line of defense are to be 
        commended. Special recognition is due the Department of 
        Homeland Security through the United States Border Patrol, 
        Coast Guard, Customs and Border Protection, and Immigration and 
        Customs Enforcement, and the Department of Justice through the 
        Federal Bureau of Investigation.
            (3) The law enforcement community must be given the 
        statutory tools necessary to address this security threat. Only 
        through effective alien smuggling statutes can the Justice 
        Department, through the United States Attorneys' Offices and 
        the Domestic Security Section of the Criminal Division, 
        prosecute these cases successfully.
            (4) Alien smuggling has a destabilizing effect on border 
        communities. State and local law enforcement, medical 
        personnel, social service providers, and the faith community 
        play important roles in combating smuggling and responding to 
        its effects.
            (5) Existing penalties for alien smuggling are insufficient 
        to provide appropriate punishment for alien smugglers.
            (6) Existing alien smuggling laws often fail to reach the 
        conduct of alien smugglers, transporters, recruiters, guides, 
        and boat captains.
            (7) Existing laws concerning failure to heave to are 
        insufficient to appropriately punish boat operators and crew 
        who engage in the reckless transportation of aliens on the high 
        seas and seek to evade capture.
            (8) Much of the conduct in alien smuggling rings occurs 
        outside of the United States. Extraterritorial jurisdiction is 
        needed to ensure that smuggling rings can be brought to justice 
        for recruiting, sending, and facilitating the movement of those 
        who seek to enter the United States without lawful authority.
            (9) Alien smuggling can include unsafe or recklessly 
        dangerous conditions that expose individuals to particularly 
        high risk of injury or death.

SEC. 733. CHECKS AGAINST TERRORIST WATCHLIST.

    The Secretary of Homeland Security shall, to the extent 
practicable, check against all available terrorist watchlists those 
persons suspected of alien smuggling and smuggled individuals who are 
interdicted at the land, air, and sea borders of the United States.

SEC. 734. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS.

    Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
            (1) by amending the subsection heading to read as follows: 
        ``Bringing In, Harboring, and Smuggling of Unlawful and 
        Terrorist Aliens.--''; and
            (2) by amending paragraphs (1) through (2) to read as 
        follows:
    ``(1)(A) Whoever, knowing or in reckless disregard of the fact that 
an individual is an alien who lacks lawful authority to come to, enter, 
or reside in the United States, knowingly--
            ``(i) brings that individual to the United States in any 
        manner whatsoever regardless of any future official action 
        which may be taken with respect to such individual;
            ``(ii) recruits, encourages, or induces that individual to 
        come to, enter, or reside in the United States;
            ``(iii) transports or moves that individual in the United 
        States, in furtherance of their unlawful presence; or
            ``(iv) harbors, conceals, or shields from detection the 
        individual in any place in the United States, including any 
        building or any means of transportation;
or attempts or conspires to do so, shall be punished as provided in 
subparagraph (C).
    ``(B) Whoever, knowing that an individual is an alien, brings that 
individual to the United States in any manner whatsoever at a place, 
other than a designated port of entry or place designated by the 
Secretary of Homeland Security, regardless of whether such individual 
has received prior official authorization to come to, enter, or reside 
in the United States and regardless of any future official action which 
may be taken with respect to such individual, or attempts or conspires 
to do so, shall be punished as provided in subparagraph (C).
    ``(C) Whoever commits an offense under this paragraph shall, for 
each individual in respect to whom such a violation occurs--
            ``(i) if the offense results in the death of any person, be 
        fined under title 18, United States Code, and subject to the 
        penalty of death or imprisonment for any term of years or for 
        life;
            ``(ii) if the offense involves kidnaping, an attempt to 
        kidnap, the conduct required for aggravated sexual abuse (as 
        defined in section 2241 of title 18, United States Code, 
        without regard to where it takes place), or an attempt to 
        commit such abuse, or an attempt to kill, be fined under title 
        18, United States Code, or imprisoned for any term of years or 
        life, or both;
            ``(iii) if the offense involves an individual who the 
        defendant knew was engaged in or intended to engage in 
        terrorist activity (as defined in section 212(a)(3)(B)), be 
        fined under title 18, United States Code, or imprisoned not 
        more than 30 years, or both;
            ``(iv) if the offense results in serious bodily injury (as 
        defined in section 1365 of title 18, United States Code) or 
        places in jeopardy the life of any person, be fined under title 
        18, United States Code, or imprisoned not more than 20 years, 
        or both;
            ``(v) if the offense is a violation of paragraph (1)(A)(i) 
        and was committed for the purpose of profit, commercial 
        advantage, or private financial gain, or if the offense was 
        committed with the intent or reason to believe that the 
        individual unlawfully brought into the United States will 
        commit an offense against the United States or any State that 
        is punishable by imprisonment for more than 1 year, be fined 
        under title 18, United States Code, and imprisoned, in the case 
        of a first or second violation, not less than 3 nor more than 
        10 years, and for any other violation, not less than 5 nor more 
        than 15 years;
            ``(vi) if the offense is a violation of paragraph 
        (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was 
        committed for the purpose of profit, commercial advantage, or 
        private financial gain, be fined under title 18, United States 
        Code, or imprisoned not more than 10 years, or both;
            ``(vii) if the offense involves the transit of the 
        defendant's spouse, child, sibling, parent, grandparent, or 
        niece or nephew, and the offense is not described in any of 
        clauses (i) through (vi), be fined under title 18, United 
        States Code, or imprisoned not more than 1 year, or both; and
            ``(viii) in any other case, be fined under title 18, United 
        States Code, or imprisoned not more than 5 years, or both.
    ``(2)(A) There is extraterritorial jurisdiction over the offenses 
described in paragraph (1).
    ``(B) In a prosecution for a violation of, or an attempt or 
conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or 
(a)(1)(B), that occurs on the high seas, no defense based on necessity 
can be raised unless the defendant--
            ``(i) as soon as practicable, reported to the Coast Guard 
        the circumstances of the necessity, and if a rescue is claimed, 
        the name, description, registry number, and location of the 
        vessel engaging in the rescue; and
            ``(ii) did not bring, attempt to bring, or in any manner 
        intentionally facilitate the entry of any alien into the land 
        territory of the United States without lawful authority, unless 
        exigent circumstances existed that placed the life of that 
        alien in danger, in which case the reporting requirement set 
        forth in clause (i) is satisfied by notifying the Coast Guard 
        as soon as practicable after delivering the alien to emergency 
        medical or law enforcement personnel ashore.
    ``(C) It is not a violation of, or an attempt or conspiracy to 
violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph 
(1)(A)(ii) (except if a person recruits, encourages, or induces an 
alien to come to or enter the United States), for a religious 
denomination having a bona fide nonprofit, religious organization in 
the United States, or the agents or officer of such denomination or 
organization, to encourage, invite, call, allow, or enable an alien who 
is present in the United States to perform the vocation of a minister 
or missionary for the denomination or organization in the United States 
as a volunteer who is not compensated as an employee, notwithstanding 
the provision of room, board, travel, medical assistance, and other 
basic living expenses, provided the minister or missionary has been a 
member of the denomination for at least one year.
    ``(D) For purposes of this paragraph and paragraph (1)--
            ``(i) the term `United States' means the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the United States Virgin Islands, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States; and
            ``(ii) the term `lawful authority' means permission, 
        authorization, or waiver that is expressly provided for in the 
        immigration laws of the United States or the regulations 
        prescribed under those laws and does not include any such 
        authority secured by fraud or otherwise obtained in violation 
        of law or authority that has been sought but not approved.''.

SEC. 735. MARITIME LAW ENFORCEMENT.

    (a) Penalties.--Subsection (b) of section 2237 of title 18, United 
States Code, is amended to read as follows:
    ``(b) Whoever intentionally violates this section shall--
            ``(1) if the offense results in death or involves 
        kidnaping, an attempt to kidnap, the conduct required for 
        aggravated sexual abuse (as defined in section 2241 without 
        regard to where it takes place), or an attempt to commit such 
        abuse, or an attempt to kill, be fined under such title or 
        imprisoned for any term of years or life, or both;
            ``(2) if the offense results in serious bodily injury (as 
        defined in section 1365 of this title) or transportation under 
        inhumane conditions, be fined under this title, imprisoned not 
        more than 15 years, or both;
            ``(3) if the offense is committed in the course of a 
        violation of section 274 of the Immigration and Nationality Act 
        (alien smuggling); chapter 77 (peonage, slavery, and 
        trafficking in persons), section 111 (shipping), 111A 
        (interference with vessels), 113 (stolen property), or 117 
        (transportation for illegal sexual activity) of this title; 
        chapter 705 (maritime drug law enforcement) of title 46, or 
        title II of the Act of June 15, 1917 (Chapter 30; 40 Stat. 
        220), be fined under this title or imprisoned for not more than 
        10 years, or both; and
            ``(4) in any other case, be fined under this title or 
        imprisoned for not more than 5 years, or both.''.
    (b) Limitation on Necessity Defense.--Section 2237(c) of title 18, 
United States Code, is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
    ``(2) In a prosecution for a violation of this section, no defense 
based on necessity can be raised unless the defendant--
            ``(A) as soon as practicable upon reaching shore, delivered 
        the person with respect to which the necessity arose to 
        emergency medical or law enforcement personnel;
            ``(B) as soon as practicable, reported to the Coast Guard 
        the circumstances of the necessity resulting giving rise to the 
        defense; and
            ``(C) did not bring, attempt to bring, or in any manner 
        intentionally facilitate the entry of any alien, as that term 
        is defined in section 101(a)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101 (a)(3)), into the land territory 
        of the United States without lawful authority, unless exigent 
        circumstances existed that placed the life of that alien in 
        danger, in which case the reporting requirement of subparagraph 
        (B) is satisfied by notifying the Coast Guard as soon as 
        practicable after delivering that person to emergency medical 
        or law enforcement personnel ashore.''.
    (c) Definition.--Section 2237(e) of title 18, United States Code, 
is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) the term `transportation under inhumane conditions' 
        means the transportation of persons in an engine compartment, 
        storage compartment, or other confined space, transportation at 
        an excessive speed, transportation of a number of persons in 
        excess of the rated capacity of the means of transportation, or 
        intentionally grounding a vessel in which persons are being 
        transported.''.

SEC. 736. AMENDMENT TO THE SENTENCING GUIDELINES.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall review and, if appropriate, 
amend the sentencing guidelines and policy statements applicable to 
persons convicted of alien smuggling offenses and criminal failure to 
heave to or obstruction of boarding.
    (b) Considerations.--In carrying out this section, the Sentencing 
Commission, shall--
            (1) consider providing sentencing enhancements or 
        stiffening existing enhancements for those convicted of 
        offenses described in subsection (a) that--
                    (A) involve a pattern of continued and flagrant 
                violations;
                    (B) are part of an ongoing commercial organization 
                or enterprise;
                    (C) involve aliens who were transported in groups 
                of 10 or more;
                    (D) involve the transportation or abandonment of 
                aliens in a manner that endangered their lives; or
                    (E) involve the facilitation of terrorist activity; 
                and
            (2) consider cross-references to the guidelines for 
        Criminal Sexual Abuse and Attempted Murder.
    (c) Expedited Procedures.--The Commission may promulgate the 
guidelines or amendments under this section in accordance with the 
procedures set forth in section 21(a) of the Sentencing Act of 1987, as 
though the authority under that Act had not expired.

        TITLE VIII--INFRASTRUCTURE PROTECTION AND CYBERSECURITY

                 Subtitle A--Federal Protective Service

SEC. 801. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL PROTECTIVE 
              SERVICE.

    (a) In General.--Of the amount authorized in section 201, there is 
authorized to be appropriated to the Director of the Federal Protective 
Service $246,000,000 for fiscal year 2011 to carry out Federal 
Protective Service counterterrorism functions, including--
            (1) law enforcement on federally controlled property;
            (2) incident investigations;
            (3) suspect capture and detention;
            (4) 24-hour security alarm monitoring;
            (5) nationwide dispatch services;
            (6) facility security assessments; and
            (7) terrorism prevention.
    (b) Sufficient Funding to Effectively Double the Size of the 
Federal Protective Service Inspector Force.--In addition to amounts 
authorized under subsection (a), the Federal Protective Service is 
authorized 1,200 full-time equivalent positions in the Federal 
Protective Service inspector force that monitor performance of security 
personnel services procured by contract.

SEC. 802. FEDERAL PROTECTIVE SERVICE AUTHORITY TO CARRY OUT BASIC 
              SECURITY FUNCTIONS.

    (a) In General.--Section 1315(a) of title 40, United States Code, 
is amended by--
            (1) striking ``(a) In General.--'' and inserting the 
        following:
    ``(a) In General.--
            ``(1) Protection of federal property.--''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Authority over gsa properties.--The Secretary, acting 
        through the Federal Protective Service, shall have the lead 
        authority in the executive branch to carry out counterterrorism 
        functions on Federal property managed by the General Services 
        Administration (including property leased by the General 
        Services Administration), including--
                    ``(A) law enforcement on federally controlled 
                property;
                    ``(B) incident investigations;
                    ``(C) suspect capture and detention;
                    ``(D) 24-hour security alarm monitoring;
                    ``(E) nationwide dispatch services;
                    ``(F) facility security assessments; and
                    ``(G) terrorism prevention.
            ``(3) Agreements with other law enforcement authorities.--
        Nothing in this subsection shall preempt the Federal Protective 
        Service from entering into agreements with other Federal, 
        State, or local law enforcement authorities to provide security 
        or respond to incidents on property that is under the 
        jurisdiction and control of the Administrator of General 
        Services.''.
    (b) Conforming Amendments.--
            (1) Section 1315(g) of title 40, United States Code, is 
        amended by striking ``Nothing'' and inserting ``Subject to 
        subsection (a)(2), nothing''.
            (2) Section 1706(b)(2) of the Homeland Security Act of 2002 
        (40 U.S.C. 1315 note) is amended by striking ``The Secretary'' 
        and inserting ``Subject to subsection (a)(2), the Secretary''.

SEC. 803. STRATEGIC PLAN REQUIREMENT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall submit 
to Congress a 5-year budget outlook and strategic plan for the Federal 
Protective Service that includes the following:
            (1) Estimates of staffing and associated costs the Federal 
        Protective Service requires in order to provide basic security 
        functions.
            (2) Estimates of staffing and associated costs the Federal 
        Protective Service requires in order to assess the need for 
        and, as appropriate, provide building specific security 
        countermeasures.
            (3) Estimates of staffing and associated costs the Federal 
        Protective Service requires for reimbursable agency-specific 
        security work authorization functions.
            (4) Reviews of the performance of contractor-provided 
        security guards that assesses both quality and cost of 
        individual private contract guard companies performing Federal 
        Protective Service guard functions under contract.
    (b) Updates.--The Secretary shall include an annual update of such 
plan with the President's annual budget submission to the Congress.

SEC. 804. FACILITY SECURITY RISK ASSESSMENTS.

    (a) In General.--The Secretary of Homeland Security, acting through 
the Director of Federal Protective Service, shall--
            (1) conduct facility security assessments in consultation 
        with the facility security committee established for a 
        facility;
            (2) prepare a report on each assessment, including 
        recommendations of countermeasures against a terrorist attack 
        to ensure the security of the facility concerned; and
            (3) give the facility security committee established for 
        such a facility a 60-day period to review and comment on each 
        report.
    (b) Selection of Recommendations for Implementation.--
            (1) Selection by gsa.--Upon the completion of the period 
        for review and comment under subsection (a)(3)--
                    (A) the Director shall submit the assessment report 
                to the Administrator of General Services; and
                    (B) the Administrator may select for implementation 
                any of the recommendations of countermeasures in the 
                report for implementation.
            (2) Notification of nonselection.--If the Administrator 
        determines that any of the recommendations of countermeasures 
        in a report submitted under paragraph (1) should not be 
        implemented for a facility, the Administrator shall notify the 
        head of each Federal agency in the facility and the facility 
        security committee for the facility that the recommendation 
        will not be implemented, including the reasons why.
            (3) Selection by facility security committee.--If a 
        facility security committee receives notice under paragraph (2) 
        regarding any recommendations, it may select any of the 
        recommendations for implementation.
    (c) Reimbursement.--If any of the recommendations in a report 
submitted under subsection (a) is selected by the Administrator or a 
facility security committee under subsection (c) for implementation--
            (1) the Director shall implement the recommendation;
            (2) the Administrator shall allocate to the Federal 
        agencies in that facility the costs incurred by the Federal 
        Protective Service for such implementation; and
            (3) each such agency shall reimburse the Federal Protective 
        Service for the costs allocated to the agency by the 
        Administrator.
    (d) Annual Report.--The Director shall submit an annual report to 
Congress on the disposition of recommendations included in reports 
under this section that the Administrator did not select for 
implementation.
    (e) Facility Security Committee Defined.--In this section the term 
``facility security committee'' means a facility security committee 
established pursuant to the report entitled ``Vulnerability Assessment 
of Federal Facilities'', issued by the Interagency Security Committee 
established by Executive Order 12977.

SEC. 805. CONTRACT GUARD STAFF.

    (a) Minimum Standards for Training and Annual Recertification.--The 
Secretary of Homeland Security shall develop minimum standards for 
training and annual recertification for the Federal Protective 
Service's contract guards including--
            (1) minimum fitness standards;
            (2) annual recertification on access control policies and 
        control equipment, including x-ray and magnetometer training;
            (3) training in arrest and control procedures;
            (4) training in operation of emergency equipment;
            (5) basic first aid and CPR training and certification;
            (6) weapons training, as applicable; and
            (7) behavior detection training.
    (b) Pilot Program.--
            (1) In general.--Within 1 year after the date of enactment 
        of this Act, the Director shall establish a 3-year pilot 
        program in not less than 3 level IV facilities to test and 
        evaluate--
                    (A) to what extent efficiencies exist in having a 
                federalized guard staff; and
                    (B) to what extent such a federalized guard staff 
                provides a measurable improvement in facility or 
                personnel security.
            (2) Report.--Not later than 120 days before the 
        commencement of the program, the Director shall report to 
        Congress regarding what performance metrics will be considered 
        in measuring improvement in efficiencies and security provided 
        by such a federalized guard staff.
            (3) Monitoring by gao.--The Comptroller General of the 
        United States--
                    (A) shall monitor and review the conduct of the 
                pilot program; and
                    (B) shall submit to Congress and the Secretary of 
                Homeland Security an interim report 6 months after the 
                commencement of the pilot program, and a final report 
                within 120 days after the conclusion of the pilot 
                program, that each addresses whether--
                            (i) the Secretary has established 
                        sufficient mechanisms to determine whether the 
                        pilot program provides efficiencies in 
                        protecting Federal facilities;
                            (ii) the pilot program consists of an 
                        adequate sample of level IV facilities; and
                            (iii) there are cost savings and security 
                        enhancements realized by having a federalized 
                        guard force.

SEC. 806. SITE INSPECTIONS.

    (a) Right of Entry.--For purposes of carrying out this Act, the 
Secretary of Homeland Security shall have, on presentation of 
credentials, a right of entry to, on, or through any property for which 
security is provided by the Federal Protective Service.
    (b) Inspections and Verifications.--
            (1) In general.--The Secretary shall, at such time and 
        place as the Secretary determines to be reasonable and 
        appropriate, conduct security inspections and verifications for 
        property for which security is provided by the Federal 
        Protective Service.
            (2) Unannounced inspections.--In addition to any inspection 
        conducted pursuant to paragraph (1), the Secretary shall 
        require such properties to undergo unannounced security 
        inspections. The inspections required under this paragraph 
        shall be--
                    (A) conducted without prior notice to the facility;
                    (B) designed to evaluate undergoing inspection--
                            (i) the ability of the Federal Protective 
                        Service security and contract guards to prevent 
                        an incident that applicable security 
                        performance standards are intended to prevent;
                            (ii) the ability of the Federal Protective 
                        Service security and contract guards to protect 
                        against terrorist threats that are required to 
                        be addressed by applicable performance 
                        standards; and
                            (iii) any weaknesses in the security plan 
                        of the facility;
                    (C) conducted so as not to affect the actual 
                security, physical integrity, or safety of the property 
                or its employees while the inspection is conducted; and
                    (D) conducted at least--
                            (i) every year in the case of a level IV 
                        facility;
                            (ii) every 2 years in the case of a level 
                        III facility;
                            (iii) every 3 years in the case of a level 
                        II facility; and
                            (iv) every four years in the case of a 
                        level I facility.
    (c) Report.--The Secretary shall report annually with the 
President's budget submission to Congress on covert testing strategy 
and results of unannounced inspections under this section.

SEC. 807. PROMOTION OF FEDERAL PROTECTIVE SERVICE TECHNOLOGY AND 
              TRAINING.

    (a) In General.--Within 6 months of the date of enactment of this 
Act, the Director of the Federal Protective Service, in consultation 
with the Assistant Secretary, Transportation Security Administration, 
shall publish--
            (1) a list of qualified vendors and a list of qualified 
        products that would promote common standards of deployment of 
        personnel and technology;
            (2) standards for training personnel, among all Federal 
        Protective Service protected properties; and
            (3) best practices for utilizing items on the qualified 
        products list so they are utilized in the most effective 
        manner, including a process to best utilize existing products 
        currently deployed.
    (b) Requirement To Use Lists.--
            (1) In general.--Following the publication of the qualified 
        vendors list and the qualified products list under subsection 
        (a), the Federal Protective Service may not enter into any 
        contractual arrangement for services or products covered by 
        such lists--
                    (A) with any person that is not included on the 
                qualified vendors list;
                    (B) for procurement of any product that is not 
                included on the qualified products list; or
                    (C) under which a subcontract may be awarded to a 
                person that is not included on the qualified vendors 
                list.
            (2) Limitation on application.--
                    (A) In general.--Paragraph (1) shall not apply to 
                any contract the Director of the Federal Protective 
                Service determines to be necessary to carry out the 
                security missions of the Federal Protective Service.
                    (B) Notification to congress.--The Director shall 
                notify the Committee on Homeland Security of the House 
                of Representatives and the Committee on Homeland 
                Security and Governmental Affairs of the Senate in 
                writing within 30 days after entering any contract 
                under this paragraph, setting forth the determination 
                under subparagraph (A) and the basis for that 
                determination.
    (c) Cooperative Agreement.--Within 6 months after the date of 
enactment of this Act, the Secretary of Homeland Security shall require 
the Assistant Secretary, Transportation Security Administration, the 
Under Secretary for Science and Technology, and the Under Secretary for 
National Protection and Programs to enter into a memorandum of 
understanding, or similar cooperative agreement, pursuant to which the 
Transportation Security Laboratory will provide the Federal Protective 
Service with expertise, consultation, exchange of information, and 
testing for technology covered by the qualified vendors list and the 
qualified products list required by this section.

SEC. 808. PROHIBITED ITEMS LIST.

    (a) In General.--Not later than the end of the 180-day period 
beginning on the date of enactment of this Act, the Secretary of 
Homeland Security, acting through the Under Secretary of the National 
Protection and Programs Directorate and in consultation with the 
Administrator of General Services, shall issue and implement a list of 
items, including component parts, that are prohibited from being 
brought into facilities protected by the Federal Protective Service, 
unless specifically authorized on a case-by-case basis by the Secretary 
or the Secretary's designee.
    (b) Additional Items.--Nothing in this section prohibits a facility 
security committee from prohibiting items that are not included on such 
list from being brought into the facility of that committee.
    (c) Failure To Issue List.--If the Secretary of Homeland Security 
fails to implement a prohibited items list in accordance with 
subsection (a), then the prohibited items list established by the 
Transportation Security Administration for civilian aviation shall 
apply for facilities protected by the Federal Protective Service--
            (1) effective upon expiration of the period referred to in 
        subsection (a); and
            (2) until such time as the Secretary, acting through the 
        Under Secretary of the National Protection and Programs 
        Directorate, issues a prohibited items list described in 
        subsection (a).
    (d) Facility Security Committee Defined.--In this section the term 
``facility security committee'' means a facility security committee 
established pursuant to the report entitled ``Vulnerability Assessment 
of Federal Facilities'', issued by the Interagency Security Committee 
established by Executive Order 12977.

SEC. 809. REPORT REQUIREMENT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall submit to Congress the 
following:
            (1) A strategy for more effectively managing the contract 
        guard program of the Federal Protective Service that ensures 
        there is adequate oversight and monitoring of training for such 
        program.
            (2) A status report on the implementation of the RAMP 
        program, including an estimated date by which it will be fully 
        operational.
            (3) Estimates of the additional manpower, resources, and 
        funding the Federal Protective Service would need in order to 
        provide security for high-profile terror trials in multiple or 
        varying locations.
            (4) A status report on the implementation of the CADIS 
        program, including an estimated date by which it will be fully 
        operational.
            (5) A coordinated strategy for cooperation between the 
        Under Secretary of the National Protection and Programs 
        Directorate and the Under Secretary for Science and Technology 
        regarding research, development, and deployment of security 
        technology conducted by the Transportation Security Laboratory.
    (b) Definitions.--In this section:
            (1) CADIS program.--The term ``CADIS program'' means the 
        Computer Aided Dispatch Information System of the Federal 
        Protective Service.
            (2) RAMP program.--The term ``RAMP program'' means the Risk 
        Assessment and Management Program of the Federal Protective 
        Service.

                 Subtitle B--Chemical Facility Security

SEC. 811. EXTENSION OF CHEMICAL FACILITIES ANTITERRORISM SECURITY 
              PROGRAM.

    (a) In General.--Section 550(b) of the Department of Homeland 
Security Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by 
striking ``October 4, 2010'' and inserting ``October 4, 2015''.
    (b) Chemical Facility Security Enhancements.--
            (1) In general.--The Homeland Security Act of 2002 (6 
        U.S.C. 101 et seq.) is amended by adding at the end the 
        following:

                ``TITLE XXI--CHEMICAL FACILITY SECURITY

``SEC. 2101. CHEMICAL SECURITY TRAINING PROGRAM.

    ``(a) Establishment.--Acting through the Administrator of the 
Federal Emergency Management Agency and in coordination with the Under 
Secretary for National Protection and Programs, the Secretary shall 
establish a voluntary chemical security training program (referred to 
in this section as the `training program') for the purpose of enhancing 
the capabilities of high-risk chemical facilities to prevent, prepare 
for, respond to, mitigate against, and recover from threatened or 
actual acts of terrorism, natural disasters, and other man-made 
disasters.
    ``(b) Requirements.--The training program shall provide validated 
voluntary training that--
            ``(1) reaches multiple disciplines, including Federal, 
        State, and local government officials, commercial personnel and 
        management, and governmental and nongovernmental emergency 
        response providers;
            ``(2) provides training at the awareness, performance, and 
        management and planning levels;
            ``(3) uses multiple training mediums and methods;
            ``(4) is coordinated with training provided by government 
        training facilities, academic institutions, private 
        organizations, and other entities that provide specialized, 
        state-of-the-art training for governmental and nongovernmental 
        emergency responder providers or commercial personnel and 
        management;
            ``(5) uses, as appropriate, government training facilities, 
        courses provided by community colleges, public safety 
        academies, State and private universities, and other 
        facilities;
            ``(6) is consistent with, and supports implementation of, 
        the National Incident Management System, the National Response 
        Framework, the National Infrastructure Protection Plan, the 
        National Preparedness Guidelines, the National Preparedness 
        Goal, the National Maritime Transportation Security Plan, and 
        other such national initiatives, and any successors thereto;
            ``(7) is evaluated against clear and consistent performance 
        measures;
            ``(8) addresses security requirements under chemical 
        facility security plans; and
            ``(9) educates, trains, and involves individuals in 
        neighborhoods around chemical facilities on how to observe and 
        report security risks.

``SEC. 2102. CHEMICAL SECURITY EXERCISE PROGRAM.

    ``(a) In General.--Acting through the Administrator of the Federal 
Emergency Management Agency and in coordination with Under Secretary 
for National Protection and Programs, the Secretary shall develop a 
voluntary chemical security exercise program (referred to in this 
section as the `exercise program') for the purpose of offering 
voluntary testing and evaluation of the capabilities of the Federal 
Government, State governments, commercial personnel and management, 
governmental and nongovernmental emergency response providers, the 
private sector, or any other organization or entity, as the Secretary 
determines to be appropriate, to prevent, prepare for, mitigate 
against, respond to, and recover from acts of terrorism, natural 
disasters, and other emergencies at chemical facilities.
    ``(b) Requirements.--Under the exercise program, the Secretary 
shall conduct, on a periodic basis, voluntary joint security exercises 
at chemical facilities that are--
            ``(1) scaled and tailored to the needs of each chemical 
        facility;
            ``(2) for the highest risk chemical facilities, as 
        determined by the Secretary, live training exercises;
            ``(3) as realistic as practicable and based on current risk 
        assessments, including credible threats, vulnerabilities, and 
        consequences;
            ``(4) consistent with the National Incident Management 
        System, the National Response Framework, the National 
        Infrastructure Protection Plan, the National Preparedness 
        Guidelines, the National Preparedness Goal, the National 
        Maritime Transportation Security Plan, and other such national 
        initiatives, and any successors thereto;
            ``(5) evaluated against clear and consistent performance 
        measures;
            ``(6) assessed to learn best practices, which shall be 
        shared with appropriate Federal, State, and local officials, 
        commercial personnel and management, governmental and 
        nongovernmental emergency response providers, and the private 
        sector;
            ``(7) followed by remedial action in response to lessons 
        learned; and
            ``(8) designed to assist State and local governments and 
        chemical facilities in designing, implementing, and evaluating 
        exercises that--
                    ``(A) conform to the requirements of this 
                paragraph; and
                    ``(B) are consistent with any applicable Buffer 
                Zone Protection Plan, State homeland security plan, or 
                urban area homeland security plan.

``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary such 
sums as may be necessary to carry out this title.''.
            (2) Table of contents.--The table of contents in section 2 
        of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
        amended by inserting after the item relating to section 2022 
        the following:

                ``TITLE XXI--CHEMICAL FACILITY SECURITY

``Sec. 2101. Chemical security training program.
``Sec. 2102. Chemical security exercise program.
``Sec. 2103. Authorization of appropriations.''.

               Subtitle C--Office for Bombing Prevention

SEC. 821. BOMBING PREVENTION.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the 
following new section:

``SEC. 210F. OFFICE FOR BOMBING PREVENTION.

    ``(a) In General.--The Secretary shall establish within the 
Protective Security Coordination Division of the Office of 
Infrastructure Protection of the Department an Office for Bombing 
Prevention (in this section referred to as `the Office').
    ``(b) Responsibilities.--The Office shall have the primary 
responsibility for enhancing the ability, and coordinating the efforts, 
of the United States to deter, detect, prevent, protect against, and 
respond to terrorist explosive attacks in the United States, including 
by--
            ``(1) serving as the lead agency of the Department for 
        ensuring that programs designed to counter terrorist explosive 
        attacks in the United States function together efficiently to 
        meet the evolving threat from explosives and improvised 
        explosive devices;
            ``(2) coordinating national and intergovernmental bombing 
        prevention activities to ensure those activities work toward 
        achieving common national goals;
            ``(3) conducting analysis of the capabilities and 
        requirements necessary for Federal, State, local, and tribal 
        governments to deter, prevent, detect, protect against, and 
        assist in any response to terrorist explosive attacks in the 
        United States by--
                    ``(A) maintaining a national analysis database on 
                the capabilities of bomb squads, explosive detection 
                canine teams, tactics teams, and public safety dive 
                teams; and
                    ``(B) applying the analysis derived from the 
                database described in subparagraph (A) in--
                            ``(i) evaluating progress toward closing 
                        identified gaps relating to national strategic 
                        goals and standards; and
                            ``(ii) informing decisions relating to 
                        homeland security policy, assistance, training, 
                        research, development efforts, testing and 
                        evaluation, and related requirements;
            ``(4) promoting secure information sharing of sensitive 
        material and promoting security awareness, including by--
                    ``(A) operating and maintaining a secure 
                information sharing system that allows the sharing of 
                critical information relating to terrorist explosive 
                attack tactics, techniques, and procedures;
                    ``(B) educating the public and private sectors 
                about explosive precursor chemicals;
                    ``(C) working with international partners, in 
                coordination with the Office for International Affairs 
                of the Department, to develop and share effective 
                practices to deter, prevent, detect, protect, and 
                respond to terrorist explosive attacks in the United 
                States; and
                    ``(D) executing national public awareness and 
                vigilance campaigns relating to terrorist explosive 
                threats, preventing explosive attacks, and activities 
                and measures underway to safeguard the United States;
            ``(5) assisting State, local, and tribal governments in 
        developing multi-jurisdictional improvised explosive devices 
        security plans for high-risk jurisdictions;
            ``(6) helping to ensure, in coordination with the Under 
        Secretary for Science and Technology and the Administrator of 
        the Federal Emergency Management Agency, the identification and 
        availability of effective technology applications through field 
        pilot testing and acquisition of such technology applications 
        by Federal, State, local, and tribal governments to deter, 
        prevent, detect, protect, and respond to terrorist explosive 
        attacks in the United States;
            ``(7) coordinating the efforts of the Department relating 
        to, and assisting departments and agencies of Federal, State, 
        local, and tribal governments, and private sector business in, 
        developing and implementing national explosives detection 
        training, certification, and performance standards;
            ``(8) ensuring the implementation of any recommendations in 
        the national strategy required under section 210G, including 
        developing, maintaining, and tracking progress toward achieving 
        objectives to reduce the vulnerability of the United States to 
        terrorist explosive attacks;
            ``(9) developing, in coordination with the Administrator of 
        the Federal Emergency Management Agency, programmatic guidance 
        and permitted uses for bombing prevention activities funded by 
        homeland security assistance administered by the Department; 
        and
            ``(10) establishing and executing a public awareness 
        campaign to inform the general public and private sector 
        businesses on ways they can deter, detect, prevent, protect 
        against, and respond to terrorist explosive attacks in the 
        United States, that--
                    ``(A) utilizes a broad spectrum of both mainstream 
                and specialty print, radio, television outlets, and the 
                Internet;
                    ``(B) utilizes small and disadvantaged businesses, 
                as defined under the Small Business Act (15 U.S.C. 631 
                et seq.); and
                    ``(C) ensures that the public awareness messages 
                under the campaign reach and are understandable to 
                underserved populations, including--
                            ``(i) persons with physical and mental 
                        disabilities, health problems, visual 
                        impairments, hearing impairments, limited 
                        English proficiency, and literacy barriers;
                            ``(ii) socially and economically 
                        disadvantaged households and communities;
                            ``(iii) the elderly; and
                            ``(iv) children.
    ``(c) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to affect the authority of the Administrator 
of the Federal Emergency Management Agency, the Director of the United 
States Secret Service, or the Attorney General of the United States.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--Of the amount authorized in section 201 
        of the Counterterrorism Enhancement and Department of Homeland 
        Security Authorization Act, there is authorized to be 
        appropriated to carry out this section $25,000,000 for fiscal 
        year 2011.
            ``(2) Availability.--Amounts made available pursuant to 
        paragraph (1) are authorized to remain available until 
        expended.
    ``(e) Enhancement of Explosives Detection Canine Resources and 
Capabilities.--To enhance the Nation's explosives detection canine 
resources and capabilities the Secretary of Homeland Security shall, by 
partnering with other Federal, State, local, and tribal agencies, 
nonprofit organizations, universities including historically black 
colleges and universities and minority serving institutions, and the 
private sector--
            ``(1) within 270 days after the date of the enactment of 
        this subsection--
                    ``(A) develop a pilot program that includes a 
                domestic breeding program for purpose-bred explosives 
                detection canines; and
                    ``(B) increase the current number of capability 
                assessments of explosives detection canine units to 
                identify common challenges and gaps in canine 
                explosives detection, to provide for effective domestic 
                preparedness and collective response to terrorism, and 
                to inform grant guidance and priorities, consistent 
                with national capabilities database efforts;
            ``(2) continue development of a scientifically based 
        training curriculum to enhance consensus-based national 
        training and certification standards to provide for effective 
        domestic preparedness and collective response to terrorism 
        through the effective use of explosives detection canines for 
        explosives detection canines; and
            ``(3) continue engagement in explosives detection canine 
        research and development activities through partnerships with 
        the Science and Technology Directorate and the Technical 
        Support Working Group.

``SEC. 210G. NATIONAL STRATEGY.

    ``(a) In General.--The Secretary shall develop and periodically 
update a national strategy to prevent and prepare for terrorist 
explosive attacks in the United States.
    ``(b) Development.--Not later than 90 days after the date of the 
enactment of this section, the Secretary shall develop the national 
strategy required under subsection (a).
    ``(c) Reporting.--Not later than six months after the date of the 
submission of the report regarding each quadrennial homeland security 
review conducted under section 707, the Secretary shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report regarding the national strategy required under subsection (a), 
which shall include recommendations, if any, for deterring, preventing, 
detecting, protecting against, and responding to terrorist attacks in 
the United States using explosives or improvised explosive devices, 
including any such recommendations relating to coordinating the efforts 
of Federal, State, local, and tribal governments, emergency response 
providers, and the private sector.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 210E 
the following new items:

``Sec. 210F. Office for Bombing Prevention.
``Sec. 210G. National strategy.''.

SEC. 822. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND TRANSFER.

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

``SEC. 318. EXPLOSIVES RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, and in coordination with the 
Under Secretary for National Protection and Programs, the Attorney 
General, the Secretary of Defense, and the head of any other relevant 
Federal department or agency, shall ensure coordination and information 
sharing regarding nonmilitary research, development, testing, and 
evaluation activities of the Federal Government relating to the 
detection and prevention of, protection against, and response to 
terrorist attacks in the United States using explosives or improvised 
explosive devices, and the development of tools and technologies 
necessary to neutralize and disable explosive devices.
    ``(b) Leveraging Military Research.--The Secretary, acting through 
the Under Secretary for Science and Technology, and in coordination 
with the Under Secretary for National Protection and Programs, shall 
coordinate with the Secretary of Defense and the head of any other 
relevant Federal department or agency to ensure that, to the maximum 
extent possible, military policies and procedures, and research, 
development, testing, and evaluation activities relating to the 
detection and prevention of, protection against, and response to 
terrorist attacks using explosives or improvised explosive devices, and 
the development of tools and technologies necessary to neutralize and 
disable explosive devices, are adapted to nonmilitary uses.

``SEC. 319. TECHNOLOGY TRANSFER.

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, and in coordination with the 
Under Secretary for National Protection and Programs, shall establish a 
technology transfer program to facilitate the identification, 
modification, and commercialization of technology and equipment for use 
by Federal, State, and local governmental agencies, emergency response 
providers, and the private sector to deter, prevent, detect, protect, 
and respond to terrorist attacks in the United States using explosives 
or improvised explosive devices.
    ``(b) Program.--The activities under the program established under 
subsection (a) shall include--
            ``(1) applying the analysis conducted under section 
        210F(b)(3) of the capabilities and requirements of bomb squad, 
        explosive detection canine teams, tactical teams, and public 
        safety dive teams of Federal, State, and local governments, to 
        determine the training and technology requirements for Federal, 
        State, and local governments, emergency response providers, and 
        the private sector;
            ``(2) identifying available technologies designed to deter, 
        prevent, detect, protect, or respond to terrorist attacks using 
        explosives or improvised explosive devices that have been, or 
        are in the process of being, developed, tested, evaluated, or 
        demonstrated by the Department, other Federal agencies, the 
        private sector, foreign governments, or international 
        organizations;
            ``(3) reviewing whether a technology described in paragraph 
        (2) may be useful in assisting Federal, State, or local 
        governments, emergency response providers, or the private 
        sector in detecting, deterring, preventing, or responding to 
        terrorist attacks using explosives or improvised explosive 
        devices; and
            ``(4) communicating to Federal, State, and local 
        governments, emergency response providers, and the private 
        sector the availability of any technology described in 
        paragraph (2), including providing the specifications of any 
        such technology, indicating whether any such technology 
        satisfies appropriate standards, and identifying grants, if 
        any, available from the Department to purchase any such 
        technology.
    ``(c) Working Group.--To facilitate the transfer of military 
technologies, the Secretary, acting through the Under Secretary for 
Science and Technology, in coordination with the Secretary of Defense, 
and in a manner consistent with protection of sensitive sources and 
methods, shall establish a working group to advise and assist in the 
identification of military technologies designed to deter, prevent, 
detect, protect, or respond to terrorist explosive attacks that are in 
the process of being developed, or are developed, by the Department of 
Defense or the private sector.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 317 
the following new items:

``Sec. 318. Explosives research and development.
``Sec. 319. Technology transfer.''.

SEC. 823. GAO STUDY OF EXPLOSIVES DETECTION CANINE TEAMS.

    Section 1307(f) of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (Public Law 110-53; 121 Stat. 395) is amended by 
striking ``utilization'' and all that follows through the end of the 
sentence and inserting ``utilization of explosives detection canine 
teams, by the Transportation Security Administration and all other 
agencies of the Department of Homeland Security that utilize explosives 
detection canines, to strengthen security and the capacity of explosive 
detection canine detection teams of the Department.''.

SEC. 824. REPORT ON CANINE PROCUREMENT ACTIVITIES.

    The Secretary of Homeland Security shall submit a report to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
by not later than 180 days after the date of the enactment of this Act 
examining the administration of canine procurement activities by the 
Department of Homeland Security to deter, prevent, detect, and protect 
against terrorist explosive attacks in the United States, that includes 
consideration of the feasibility of reducing the price paid for the 
procurement of untrained canines, including by utilizing an expanded 
pool of breeds, procuring canines from domestic breeders, and acquiring 
canines from animal shelters, rescue societies, and other not-for-
profit entities.

                       Subtitle D--Cybersecurity

SEC. 831. ANNUAL CYBERSECURITY THREAT ASSESSMENT.

    The Secretary, in coordination with the Director of National 
Intelligence, shall submit to the Committee on Homeland Security of the 
House of Representatives an annual assessment of cybersecurity threats 
to and vulnerabilities of national critical infrastructure information 
systems and networks.

SEC. 832. CYBERSECURITY RESEARCH AND DEVELOPMENT.

    (a) In General.--The Under Secretary for Science and Technology of 
the Department shall support research, development, testing, 
evaluation, and transition of cybersecurity technology, including 
fundamental, long-term research to improve the ability of the United 
States to prevent, protect against, detect, respond to, and recover 
from cyber attacks that threaten national critical infrastructure 
information systems and networks, with an emphasis on research and 
development relevant to large scale, high-impact attacks.
    (b) Activities.--The research and development supported under 
subsection (a) shall include work to--
            (1) advance the development and deployment Internet 
        protocols and architectures, including for the domain name 
        system and routing protocols;
            (2) improve and create technologies for detecting attacks 
        or intrusions, including real-time monitoring technologies;
            (3) improve and create mitigation and recovery 
        methodologies, including techniques for containment of attacks 
        and development of resilient networks and systems that degrade 
        gracefully;
            (4) develop and support infrastructure for cybersecurity 
        research and development, including modeling, testbeds, and 
        data sets for assessment of new cybersecurity technologies;
            (5) assist the development and support of technologies to 
        reduce vulnerabilities in process control systems;
            (6) develop and support cyber forensics and attack 
        attribution; and
            (7) test, evaluate, and facilitate the transfer of 
        technologies associated with the engineering of less vulnerable 
        software and securing the information technology software 
        development lifecycle.
    (c) Coordination.--In carrying out this section, the Under 
Secretary shall coordinate activities with the Under Secretary for 
National Protection and Programs and the heads of other relevant 
Federal departments and agencies, including the National Science 
Foundation, the Defense Advanced Research Projects Agency, the 
Information Assurance Directorate of the National Security Agency, the 
National Institute of Standards and Technology, the Department of 
Commerce, and other appropriate working groups established by the 
President to identify unmet needs and cooperatively support activities, 
as appropriate.
    (d) Authorization of Appropriations.--Of the amount authorized by 
section 201, there is authorized to be appropriated $75,000,000 to the 
Department for fiscal year 2011 for the cybersecurity research and 
development activities of the Directorate of Science and Technology to 
prevent, detect, and respond to acts of terrorism and other large-scale 
disruptions to information infrastructure.

SEC. 833. NATIONAL RESEARCH COUNCIL STUDY OF CYBERSECURITY INCENTIVES.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Under Secretary for Science and Technology and the 
Under Secretary for National Protection and Programs of the Department 
shall seek to enter into an agreement with the National Research 
Council of the National Academy of Sciences to conduct a study to 
assess methods that might be used to promote market mechanisms that 
further cybersecurity.
    (b) Subjects.--The study required under subsection (a) shall 
include assessment of--
            (1) mandated reporting of security breaches that could 
        threaten critical functions, including provision of electricity 
        and resiliency of the financial sector;
            (2) financial incentives to encourage operators of critical 
        infrastructure to maximize protections for their systems;
            (3) certification from standards bodies about conformance 
        to relevant cybersecurity standards that can be used as a 
        marketplace differentiation;
            (4) accounting practices that require companies to report 
        their cybersecurity practices and postures and the results of 
        independently conducted red team simulated attacks or 
        exercises; and
            (5) cybersecurity risk insurance, including analysis of the 
        current marketplace and recommendations to promote 
        cybersecurity insurance.
    (c) Report.--Not later than two years after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Homeland 
Security of the House of Representatives a report containing the 
results of the study required under subsection (a), together with any 
recommendations of the Secretary related thereto.

SEC. 834. RESEARCH ON CYBER COMPROMISE OF INFRASTRUCTURE.

    (a) In General.--Pursuant to section 201 of the Homeland Security 
Act of 2002 (6 U.S.C. 121) and in furtherance of domestic preparedness 
for and collective response to a cyber attack by a terrorist or other 
person, the Secretary, working with the heads of other national 
security and intelligence agencies, shall conduct research and 
determine if the security of federally owned programmable electronic 
devices and communication networks, including hardware, software, and 
data, essential to the reliable operation of critical electric 
infrastructure has been compromised.
    (b) Scope of Research.--The scope of the research required under 
subsection (a) shall include the following:
            (1) The extent of any compromise.
            (2) An identification of any attackers.
            (3) The method of penetration.
            (4) Ramifications of any such compromise on future 
        operations of critical electric infrastructure.
            (5) Secondary ramifications of any such compromise on other 
        critical infrastructure sectors and the functioning of civil 
        society.
            (6) Ramifications of any such compromise on national 
        security, including war fighting capability.
            (7) Recommended mitigation activities.
    (c) Report.--Not later than 30 days after the date a determination 
has been made under subsection (a), the Secretary shall submit to the 
Committee on Homeland Security of the House of Representatives a report 
on the findings of such determination. The report may contain a 
classified annex if the Secretary determines it to be appropriate.

SEC. 835. ASSESSMENTS OF EMERGING CYBER THREATS IN TELECOMMUNICATIONS.

    Within 180 days after the date of enactment of this Act, the 
Secretary, in collaboration with other relevant Federal departments or 
agencies as the Secretary considers appropriate, shall issue a report 
providing a threat assessment, to be updated on an annual basis, to the 
Committee on Homeland Security of the House of Representatives that 
examines vulnerabilities and policies to mitigate those vulnerabilities 
arising from global supply chain related to the production, 
manufacturing, and distribution of telecommunications devices, 
including potential threats to national security or critical 
infrastructure arising from foreign investment in United States 
telecommunications assets.

SEC. 836. DEPARTMENT OF HOMELAND SECURITY CYBERCRIME COORDINATION.

    (a) Report on Cyber Coordination.--Within 180 days after the date 
of enactment of this Act, the Secretary shall submit to the Committee 
on Homeland Security of the House of Representatives a report 
assessing--
            (1) how the sub-components of the Department that have a 
        cybersecurity mission, including the United States Secret 
        Service, U.S. Immigration and Customs Enforcement, and the 
        National Protection Programs Directorate, will coordinate their 
        cybersecurity activities;
            (2) the development of Department-wide procedures and 
        standards for addressing cybercrime, as well as metrics to 
        track the effectiveness of the Department's efforts to combat 
        cybercrime; and
            (3) recommendations to Congress for improving the authority 
        of the Federal Government for addressing cybercrime.
    (b) Private Sector Post-Crime Consultation.--The Under Secretary 
for the National Protection and Programs Directorate, in coordination 
with the United States Secret Service and U.S. Immigration and Customs 
Enforcement, shall establish an outreach program for victims of cyber 
attacks that assists, on a voluntary basis, in providing cyber risk 
management, developing best practices for establishing mitigation and 
protective measures against cyber attacks, and otherwise coordinates 
the Department's response to cyber attacks.

                  TITLE IX--PREPAREDNESS AND RESPONSE

SEC. 901. CENTER FOR DOMESTIC PREPAREDNESS.

    (a) Acceptance of Gifts for First Responder Terrorism Preparedness 
and Response Training.--Section 1204 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is 
amended by adding at the end the following new subsection:
    ``(f) Acceptance of Gifts.--
            ``(1) Authority.--Notwithstanding section 873(b) of the 
        Homeland Security Act of 2002 (6 U.S.C. 453(b)), the Secretary 
        may accept and use gifts of property, both real and personal, 
        and may accept gifts of services, including from guest 
        lecturers, for otherwise authorized activities of the Center 
        for Domestic Preparedness that are related to preparedness for 
        and response to terrorism.
            ``(2) Report.--The Secretary shall report annually to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate--
                    ``(A) any gifts that were accepted under this 
                subsection in the preceding year;
                    ``(B) how such gifts contribute to the mission of 
                the Center for Domestic Preparedness; and
                    ``(C) the amount of Federal savings that were 
                generated from the acceptance of such gifts.''.
    (b) Training of Other Emergency Response Providers.--
            (1) In general.--The Center for Domestic Preparedness may 
        provide training to emergency response providers of the Federal 
        Government, foreign governments, or private entities, if the 
        Center for Domestic Preparedness is reimbursed for the cost of 
        such training.
            (2) Use of reimbursement.--Any reimbursement under 
        paragraph (1) shall be credited to the account from which the 
        expenditure being reimbursed was made and shall be available, 
        without fiscal year limitation, for the purposes for which 
        amounts in the account may be expended.
            (3) Protection of primary mission.--The head of the Center 
        for Domestic Preparedness shall ensure that the training 
        provided under paragraph (1) does not interfere with the 
        primary mission of the Center to train State and local 
        emergency response providers.

SEC. 902. RECOVERY FROM RADIOLOGICAL AND NUCLEAR ATTACKS.

    (a) Assessment.--
            (1) In general.--To facilitate recovery from a radiological 
        or nuclear attack or other incident, the Secretary, acting 
        through the Administrator of the Federal Emergency Management 
        Agency, shall assess capability gaps in recovery preparedness 
        and provide guidance to State and local officials to recover 
        from a radiological or nuclear incident.
            (2) Subjects.--The assessment shall include a review of--
                    (A) decontamination standards, gaps in such 
                standards, and recommendations for research to minimize 
                these gaps;
                    (B) environmental remediation methods; and
                    (C) such other components as are determined by the 
                Secretary to be appropriate.
            (3) Report.--The Secretary shall report to the appropriate 
        congressional committees on the findings of the assessment by 
        not later than 180 days after the date of enactment of this 
        Act.
    (b) Guidance.--
            (1) In general.--The Secretary, acting through the 
        Administrator of the Federal Emergency Management Agency, shall 
        issue detailed guidance to assist State and local governments 
        in preparing for recovery and in conducting environmental 
        remediation of contaminated areas, including--
                    (A) clarification of Federal roles and 
                responsibilities for assisting State and local 
                governments; and
                    (B) such other guidance as determined by the 
                Secretary to be appropriate.
            (2) Alignment with national disaster recovery strategy 
        goals.--The guidance shall align with the goals of the National 
        Disaster Recovery Strategy as required in Public Law 109-295 
        and the findings of the assessment under subsection (a).
    (c) Exercises.--The Secretary, acting through the Administrator of 
the Federal Emergency Management Agency and in partnership with State 
and local governments and other Federal agencies, shall conduct 
exercises that address recovery from radiological and nuclear 
incidents, including exercises that address analysis, environmental 
cleanup methods, and decontamination standards.

SEC. 903. CITIZEN AND COMMUNITY PREPAREDNESS.

    (a) Community Preparedness Division.--
            (1) Establishment of community preparedness division.--The 
        Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended 
        by adding at the end the following:

``TITLE XXI--DOMESTIC PREPAREDNESS AND COLLECTIVE RESPONSE TO TERRORISM 
                         AND OTHER EMERGENCIES

``SEC. 2101. COMMUNITY PREPAREDNESS DIVISION.

    ``(a) In General.--There is in the Department a Community 
Preparedness Division.
    ``(b) Director.--The Community Preparedness Division shall be 
headed by a Director, who shall be appointed by the Secretary.
    ``(c) Responsibilities.--The Director of the Community Preparedness 
Division, shall have the primary responsibility within the Department 
for assisting the efforts of State, local, and tribal governments in 
preparing citizens in the United States for acts of terrorism and other 
emergencies, including primary responsibility for each of the 
following:
            ``(1) Administration of the Citizen Corps Program under 
        section 2102.
            ``(2) Supporting public and community preparedness efforts.
            ``(3) Serving as the principal advisor to the Secretary of 
        Homeland Security on public and community preparedness issues.
            ``(4) Providing Citizen Corps Councils with tools, 
        information, and technical assistance to connect local and 
        national citizen preparedness efforts.
            ``(5) Establishing specialized preparedness programs for 
        underserved populations under subsection (d).
            ``(6) Ensuring coordination with, and leveraging to the 
        greatest extent feasible, efforts by private sector entities, 
        faith-based groups, research and educational institutions, 
        other nongovernmental organizations, including such 
        organizations that work with the disabled and others with 
        special needs, and emergency response provider organizations to 
        promote citizen preparedness and participation.
            ``(7) Assisting in the implementation of national 
        strategies for public and community preparedness, including the 
        development of individual preparedness skills and capabilities, 
        assembling preparedness kits, developing emergency 
        communications plans, training in basic first aid, and learning 
        how to react to a variety of emergencies, including an act of 
        terrorism involving chemical, biological, radiological, or 
        nuclear weapons, and natural disasters, including hurricanes, 
        floods, earthquakes, and tsunamis.
            ``(8) Establishing and maintaining a community preparedness 
        resource center to compile and disseminate best practices of 
        citizen preparedness programs.
    ``(d) Underserved Populations.--In carrying out the 
responsibilities under this section, the Director shall consider the 
unique preparedness challenges faced by--
            ``(1) persons with physical and mental disabilities, health 
        problems, visual impairments, hearing impairments, limited 
        English proficiency, and literacy barriers;
            ``(2) socially and economically disadvantaged households 
        and communities;
            ``(3) the elderly;
            ``(4) children; and
            ``(5) individuals with pets or service animals.

``SEC. 2102. CITIZEN CORPS PROGRAM.

    ``(a) Establishment.--There is in the Community Preparedness 
Division a Citizen Corps Program, through which the Secretary shall 
bring community and government leaders together to coordinate and 
leverage efforts to strengthen community involvement in emergency 
preparedness, planning, mitigation, response, and recovery for acts of 
terrorism and natural disasters.
    ``(b) Grant Program.--
            ``(1) In general.--As part of the Citizen Corps Program, 
        the Secretary shall carry out a grant program to make grants to 
        States.
            ``(2) Application.--To be eligible to receive a grant under 
        this subsection, a State shall submit an application containing 
        such information and assurances as the Secretary may require.
            ``(3) Use of funds.--A grant under this subsection may be 
        used for any of the following purposes:
                    ``(A) To form and sustain a State or local Citizen 
                Corps Council.
                    ``(B) To develop and implement educational programs 
                for the public on both terrorism and natural disaster 
                preparedness and volunteer responsibilities.
                    ``(C) To develop and implement a plan or to amend 
                an existing plan to facilitate citizen preparedness and 
                participation.
                    ``(D) To facilitate citizen participation in 
                preparedness training and exercises.
                    ``(E) To implement volunteer programs and 
                activities to support emergency response providers.
            ``(4) Conditions of receipt of funds.--Each State that 
        receives a grant under this subsection shall ensure that in 
        carrying out any of the purposes under paragraph (3) outreach 
        efforts extend, as appropriate, to--
                    ``(A) underserved populations specified in section 
                2101(d);
                    ``(B) neighborhoods bordering critical 
                infrastructure;
                    ``(C) urban and rural communities;
                    ``(D) border communities; and
                    ``(E) faith-based and volunteer community service 
                organizations.
    ``(c) Administration and Coordination.--As part of the Citizen 
Corps Program, the Secretary shall--
            ``(1) administer--
                    ``(A) the Community Emergency Response Team Program 
                under section 2103, or any successor thereto; and
                    ``(B) the Fire Corps Program under section 2104, or 
                any successor thereto;
            ``(2) coordinate with the Secretary of Health and Human 
        Services in the administration of the Medical Reserve Corps, or 
        any successor thereto, which is a program to educate and train 
        citizens and medical professionals to assist with medical and 
        public health outreach and administration before, during, and 
        after acts of terrorism and other emergencies; and
            ``(3) coordinate with the Attorney General in the 
        administration of--
                    ``(A) Neighborhood Watch, or any successor thereto, 
                which is a program to provide information, training, 
                and resources to citizens and law enforcement agencies 
                throughout the country to identify potential terrorist 
                activities and other threats; and
                    ``(B) Volunteers In Police Services, or any 
                successor thereto, which is a program to educate and 
                train citizens to increase the capacity of volunteer 
                State and local law enforcement officials to assist 
                before, during, and after an act of terrorism or other 
                emergency.
    ``(d) Cooperative Agreements With Non-Profit Entities.--The 
Secretary may enter into cooperative agreements with non-profit 
entities to enhance citizen preparedness and outreach programs that the 
Secretary has determined have a proven track record of success on a 
national or regional basis.
    ``(e) Reports to Congress.--Not later than one year after the date 
of the enactment of this section, and every two years thereafter, the 
Director of the Community Preparedness Division shall submit to 
Congress a report that evaluates the management and effectiveness of 
the Fire Corps Program under section 2104 and the Community Emergency 
Response Team Program under section 2103.
    ``(f) Authorization of Appropriations.--Of the amount appropriated 
in section 201 of the Counterterrorism Enhancement and Department of 
Homeland Security Authorization Act of 2010 there is authorized to be 
appropriated to carry out this section $40,000,000 for fiscal year 
2011.

``SEC. 2103. COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM.

    ``(a) Establishment.--There is in the Community Preparedness 
Division a Community Emergency Response Team Program, through which the 
Secretary shall educate citizens about preparedness and mitigation and 
train citizens in basic response skills, including fire safety, light 
search and rescue, and medical operations in preparation for acts of 
terrorism and other emergencies.
    ``(b) Authorization of Appropriations.--Of the amounts authorized 
to be appropriated under section 2102(f) for any fiscal year, 
$1,750,000 is authorized to carry out this section.

``SEC. 2104. FIRE CORPS PROGRAM.

    ``(a) Establishment.--There is in the Community Preparedness 
Division a Fire Corps Program, through which the Secretary shall 
facilitate the use of volunteers in non-emergency roles at fire and 
rescue departments to better prepare local communities to respond to 
acts of terrorism and other emergencies.
    ``(b) Fire Corps Advisory Committee.--
            ``(1) Establishment.--The Secretary shall establish an 
        advisory committee to be known as the `Fire Corps Advisory 
        Committee' (hereinafter referred to in this section as the 
        `Committee') to provide guidance and assistance to the 
        Secretary in carrying out the Fire Corps Program.
            ``(2) Membership.--The members of the Committee shall be 
        appointed by the Secretary and shall include--
                    ``(A) representatives of fire and emergency service 
                organizations;
                    ``(B) representatives of the United States Fire 
                Administration; and
                    ``(C) other individuals that the Secretary 
                determines are appropriate.
            ``(3) Terms of service; pay and allowances.--The Secretary 
        shall determine the number, terms of service, and pay and 
        allowances of members of the Committee appointed by the 
        Secretary, except that the term of service of any such member 
        may not exceed three years.
            ``(4) Applicability of federal advisory committee act.--
        Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Committee.
    ``(c) Authorization of Appropriations.--Of the amounts authorized 
to be appropriated under section 2012(f) for any fiscal year, 
$1,500,000 is authorized to carry out this section.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end the following:

``TITLE XXI--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.''.
    (b) Report to Congress.--Not later than 90 days after the date of 
the enactment of this Act, and annually thereafter, the Secretary shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report specifying the amount of grant funds 
awarded to each State under section 2102(b) of the Homeland Security 
Act of 2002, as added by subsection (b), and the purposes for which 
such funds were awarded.

SEC. 904. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.

    (a) Metropolitan Medical Response System Program.--
            (1) Amendment.--Title V of the Homeland Security Act of 
        2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the 
        following:

``SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.

    ``(a) In General.--The Secretary shall conduct a Metropolitan 
Medical Response System Program, that shall assist State and local 
governments in preparing for and responding to public health and mass 
casualty incidents resulting from natural disasters, acts of terrorism, 
and other man-made disasters.
    ``(b) Financial Assistance.--
            ``(1) Authorization of grants.--
                    ``(A) In general.--The Secretary, through the 
                Administrator of the Federal Emergency Management 
                Agency, may make grants under this section to State and 
                local governments to assist in preparing for and 
                responding to mass casualty incidents resulting from 
                natural disasters, acts of terrorism, and other man-
                made disasters.
                    ``(B) Consultation.--In developing guidance for 
                grants authorized under this section, the Administrator 
                shall consult with the Assistant Secretary, Office of 
                Health Affairs.
            ``(2) Use of funds.--A grant made under this section may be 
        used to support the integration of emergency management, 
        health, and medical systems into a coordinated response to mass 
        casualty incidents caused by any hazard, including--
                    ``(A) to strengthen medical surge capacity;
                    ``(B) to strengthen mass prophylaxis capabilities 
                including development and maintenance of an initial 
                pharmaceutical stockpile sufficient to protect first 
                responders, their families, and immediate victims from 
                a chemical or biological event;
                    ``(C) to strengthen chemical, biological, 
                radiological, nuclear, and explosive detection, 
                response, and decontamination capabilities;
                    ``(D) to develop and maintain mass triage and pre-
                hospital treatment plans and capabilities;
                    ``(E) for planning;
                    ``(F) to support efforts to strengthen information 
                sharing and collaboration capabilities of regional, 
                State, and urban areas in support of public health and 
                medical preparedness;
                    ``(G) for medical supplies management and 
                distribution;
                    ``(H) for training and exercises;
                    ``(I) for integration and coordination of the 
                activities and capabilities of public health personnel 
                and medical care providers with those of other 
                emergency response providers as well as other Federal 
                agencies, the private sector, and nonprofit 
                organizations, for the forward movement of patients; 
                and
                    ``(J) for such other activities as the 
                Administrator provides.
            ``(3) Eligibility.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), any jurisdiction that received funds 
                through the Metropolitan Medical Response System 
                Program in fiscal year 2010 shall be eligible to 
                receive a grant under this section.
                    ``(B) Additional jurisdictions.--
                            ``(i) Unrepresented states.--
                                    ``(I) In general.--Except as 
                                provided in subparagraph (C), for any 
                                State in which no jurisdiction received 
                                funds through the Metropolitan Medical 
                                Response System Program in fiscal year 
                                2010, or in which funding was received 
                                only through another State, the 
                                metropolitan statistical area in such 
                                State with the largest population of 
                                all such areas in such State shall be 
                                eligible to receive a grant under this 
                                section.
                                    ``(II) Limitation.--For each of 
                                fiscal years 2012 through 2014, no 
                                jurisdiction that would otherwise be 
                                eligible to receive grants under 
                                subclause (I) shall receive a grant 
                                under this section if it would result 
                                in any jurisdiction under subparagraph 
                                (A) receiving less funding than such 
                                jurisdiction received in fiscal year 
                                2010.
                            ``(ii) Other jurisdictions.--
                                    ``(I) In general.--Subject to 
                                subparagraph (C), the Administrator may 
                                determine that additional jurisdictions 
                                are eligible to receive grants under 
                                this section.
                                    ``(II) Limitation.--For each of 
                                fiscal years 2012 through 2014, the 
                                eligibility of any additional 
                                jurisdiction to receive grants under 
                                this section is subject to the 
                                availability of appropriations beyond 
                                that necessary to--
                                            ``(aa) ensure that each 
                                        jurisdiction eligible to 
                                        receive a grant under 
                                        subparagraph (A) does not 
                                        receive less funding than such 
                                        jurisdiction received in fiscal 
                                        year 2010; and
                                            ``(bb) provide grants to 
                                        jurisdictions eligible under 
                                        clause (i).
                    ``(C) Performance requirement after fiscal year 
                2012.--A jurisdiction shall not be eligible for a grant 
                under this subsection from funds available after fiscal 
                year 2012 unless the Secretary determines that the 
                jurisdiction maintains a sufficient measured degree of 
                capability in accordance with the performance measures 
                issued under subsection (c).
            ``(4) Distribution of funds.--
                    ``(A) In general.--The Administrator shall 
                distribute grant funds under this section to the State 
                in which the jurisdiction receiving a grant under this 
                section is located.
                    ``(B) Pass through.--Subject to subparagraph (C), 
                not later than 45 days after the date on which a State 
                receives grant funds under subparagraph (A), the State 
                shall provide the jurisdiction receiving the grant 100 
                percent of the grant funds, and not later than 45 days 
                after the State releases the funds, all fiscal agents 
                shall make the grant funds available for expenditure.
                    ``(C) Exception.--The Administrator may permit a 
                State to provide to a jurisdiction receiving a grant 
                under this section 97 percent of the grant funds 
                awarded if doing so would not result in any 
                jurisdiction eligible for a grant under paragraph 
                (3)(A) receiving less funding than such jurisdiction 
                received in fiscal year 2010.
            ``(5) Regional coordination.--The Administrator shall 
        ensure that each jurisdiction that receives a grant under this 
        section, as a condition of receiving such grant, is actively 
        coordinating its preparedness efforts with surrounding 
        jurisdictions, with the official with primary responsibility 
        for homeland security (other than the Governor) of the 
        government of the State in which the jurisdiction is located, 
        and with emergency response providers from all relevant 
        disciplines, as determined by the Administrator, to effectively 
        enhance regional preparedness.
    ``(c) Performance Measures.--The Administrator, in coordination 
with the Assistant Secretary, Office of Health Affairs, and the 
National Metropolitan Medical Response System Working Group, shall 
issue performance measures within one year after the date of enactment 
of this section that enable objective evaluation of the performance and 
effective use of funds provided under this section in any jurisdiction.
    ``(d) Metropolitan Medical Response System Working Group Defined.--
In this section, the term `National Metropolitan Medical Response 
System Working Group' means--
            ``(1) 10 Metropolitan Medical Response System Program grant 
        managers, who shall--
                    ``(A) include one such grant manager from each 
                region of the Agency;
                    ``(B) comprise a population-based cross section of 
                jurisdictions that are receiving grant funds under the 
                Metropolitan Medical Response System Program; and
                    ``(C) include--
                            ``(i) 3 selected by the Administrator; and
                            ``(ii) 3 selected by the Assistant 
                        Secretary, Office of Health Affairs; and
            ``(2) 3 State officials who are responsible for 
        administration of State programs that are carried out with 
        grants under this section, who shall be selected by the 
        Administrator.
    ``(e) Authorization of Appropriations.--Of the amount authorized in 
section 201 of the Counterterrorism Enhancement and Department of 
Homeland Security Authorization Act of 2010, there is authorized to be 
appropriated $75,000,000 to carry out the program for fiscal year 
2011.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end of the items 
        relating to title V the following new item:

``Sec. 525. Metropolitan Medical Response System Program.''.
    (b) Metropolitan Medical Response Program Review.--
            (1) In general.--The Administrator of the Federal Emergency 
        Management Agency, the Assistant Secretary, Office of Health 
        Affairs, and the National Metropolitan Medical Response System 
        Working Group shall conduct a review of the Metropolitan 
        Medical Response System Program authorized under section 525 of 
        the Homeland Security Act of 2002, as added by subsection (b), 
        including an examination of--
                    (A) the goals and objectives of the Metropolitan 
                Medical Response System Program;
                    (B) the extent to which the goals and objectives 
                are being met;
                    (C) the performance metrics that can best help 
                assess whether the Metropolitan Medical Response System 
                Program is succeeding;
                    (D) how the Metropolitan Medical Response System 
                Program can be improved;
                    (E) how the Metropolitan Medical Response System 
                Program complements and enhances other preparedness 
                programs supported by the Department of Homeland 
                Security and the Department of Health and Human 
                Services;
                    (F) the degree to which the strategic goals, 
                objectives, and capabilities of the Metropolitan 
                Medical Response System Program are incorporated in 
                State and local homeland security plans;
                    (G) how eligibility for financial assistance, and 
                the allocation of financial assistance, under the 
                Metropolitan Medical Response System Program should be 
                determined, including how allocation of assistance 
                could be based on risk;
                    (H) whether the Metropolitan Medical Response 
                System Program would be more effective if it were 
                managed as a contractual agreement; and
                    (I) the resource requirements of the Metropolitan 
                Medical Response System Program.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator and the Assistant 
        Secretary, Office of Health Affairs shall submit to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate a report on the results of the review under this 
        subsection.
            (3) Consultation.--The Administrator of the Federal 
        Emergency Management Agency shall consult with the Secretary of 
        Health and Human Services in the implementation of paragraph 
        (1)(E).
            (4) Definition.--In this subsection the term ``National 
        Metropolitan Medical Response System Working Group'' has the 
        meaning that term has in section 525 of the Homeland Security 
        Act of 2002, as amended by this section.
    (c) Technical and Conforming Amendment.--Section 635 of the Post-
Katrina Management Reform Act of 2006 (6 U.S.C. 723) is repealed.

SEC. 905. TRANSPARENCY IN HOMELAND SECURITY GRANT FUNDING.

    (a) In General.--The Assistant Administrator of the Grant Programs 
Directorate of the Federal Emergency Management Agency shall establish 
the position of Authorization Liaison Officer to provide timely 
information on all grants administered by the Federal Emergency 
Management Agency upon the request of the Committee on Homeland 
Security of the House of Representatives or the Committee on Homeland 
Security and Governmental Affairs of the Senate. The Authorization 
Liaison Officer shall report directly to the Assistant Administrator of 
the Grant Programs Directorate.
    (b) Submission of Reports to Congress.--In addition to the 
information required under subsection (a), the Authorization Liaison 
Officer shall provide reports on not less than a semiannual basis and 
ensure, to the greatest extent practicable, that such reports are 
submitted concurrently to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate.
    (c) Scope of Reports.--The Authorization Liaison Officer shall 
ensure, to the greatest extent practicable, that reports under 
subsection (b) include a full accounting of funds awarded by the 
Department under all homeland security grant programs administered by 
the Federal Emergency Management Agency for the previous five fiscal 
years, ending with the year in which the report is provided, 
including--
            (1) the number and type of projects approved, by grantee;
            (2) the amount of funds awarded for each project;
            (3) the amount of funds available for each project;
            (4) the date on which those funds were made available;
            (5) the amount of funds not yet released by the Department, 
        by project; and
            (6) the reasons funds have not been released, by project.

SEC. 906. SENSE OF CONGRESS REGARDING INTEROPERABILITY.

    (a) Findings.--Congress finds the following:
            (1) The National Commission on Terrorist Attacks Upon the 
        United States (in this section referred to as the ``9/11 
        Commission'') determined that the inability of first responders 
        to communicate effectively on September 11, 2001 was a critical 
        obstacle to an effective multijurisdictional response.
            (2) Over eight years have passed since the terrorist 
        attacks of September 11, 2001, and many jurisdictions across 
        the country still experience difficulties communicating that 
        may contribute to confusion, delays, or added risks when 
        responding to a terrorist attack or a natural disaster.
            (3) In the years since September 11, 2001, the need for a 
        national wireless first responder interoperable communications 
        network has remained, but the Nation has not yet completed 
        building this vital resource for public safety.
    (b) Sense of Congress.--It is the sense of Congress that improving 
first responder interoperable communications and initiating the 
construction of a national wireless first responder interoperable 
communications network should move forward as expeditiously as 
possible.

SEC. 907. AUDIT OF THE NATIONAL LEVEL EXERCISE.

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

SEC. 908. FEMA REPORT TO CONGRESS ON SOURCING AND DISTRIBUTION OF 
              DISASTER RESPONSE GOODS AND SERVICES.

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

                    TITLE X--SCIENCE AND TECHNOLOGY

SEC. 1001. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' means the Committee on 
        Homeland Security of the House of Representatives and any 
        committee of the House of Representatives or the Senate having 
        legislative jurisdiction under the rules of the House of 
        Representatives or Senate, respectively, over the matter 
        concerned.
            (2) Directorate.--The term ``Directorate'' means the 
        Directorate of Science and Technology of the Department.
            (3) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary for Science and Technology of the 
        Department.

SEC. 1002. REFERENCES.

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

              Subtitle A--Authorization of Appropriations

SEC. 1011. AUTHORIZATION OF APPROPRIATIONS.

    Of the amount authorized in section 201, there is authorized to be 
appropriated to the Under Secretary $995,664,000 for fiscal year 2011 
for the necessary expenses of the Directorate.

               Subtitle B--Management and Administration

SEC. 1021. RESEARCH PRIORITIZATION AND REQUIREMENTS; PROFESSIONAL 
              DEVELOPMENT; MILESTONES AND FEEDBACK.

    (a) In General.--Subtitle D of title II (6 U.S.C. 161 et seq.) is 
amended--
            (1) in the subtitle heading, by striking ``Office of''; and
            (2) in the heading for section 231, by inserting ``of 
        science and technology'' after ``office''.
    (b) Clerical Amendments.--The table of contents in section 1(b) is 
amended in the items relating to subtitle D of title II--
            (1) in the item relating to the heading for the subtitle, 
        by striking ``Office of''; and
            (2) in the item relating to section 231, by striking 
        ``office'' and inserting ``Office of Science and Technology''.

SEC. 1022. TESTING, EVALUATION, AND STANDARDS.

    Section 308 (6 U.S.C. 188) is amended by adding at the end of the 
following new subsection:
    ``(d) Test, Evaluation, and Standards Division.--
            ``(1) Establishment.--There is established in the 
        Directorate of Science and Technology a Test, Evaluation, and 
        Standards Division.
            ``(2) Director.--The Test, Evaluation, and Standards 
        Division shall be headed by a Director of Test, Evaluation, and 
        Standards, who shall be appointed by the Secretary and report 
        to the Under Secretary for Science and Technology.
            ``(3) Responsibilities, authorities, and functions.--The 
        Director of Test, Evaluation, and Standards--
                    ``(A) is the principal adviser to the Secretary, 
                the Under Secretary of Management, and the Under 
                Secretary for Science and Technology on all test and 
                evaluation or standards activities in the Department; 
                and
                    ``(B) shall--
                            ``(i) prescribe test and evaluation 
                        policies for the Department, which shall 
                        include policies to ensure that operational 
                        testing is done at facilities that already have 
                        relevant and appropriate safety and material 
                        certifications to the extent such facilities 
                        are available;
                            ``(ii) oversee and ensure that adequate 
                        test and evaluation activities are planned and 
                        conducted by or on behalf of components of the 
                        Department in major acquisition programs of the 
                        Department, as designated by the Secretary, 
                        based on risk, acquisition level, novelty, 
                        complexity, and size of the acquisition 
                        program, or as otherwise established in 
                        statute;
                            ``(iii) review major acquisition program 
                        test reports and test data to assess the 
                        adequacy of test and evaluation activities 
                        conducted by or on behalf of components of the 
                        Department; and
                            ``(iv) review available test and evaluation 
                        infrastructure to determine whether the 
                        Department has adequate resources to carry out 
                        its testing and evaluation responsibilities, as 
                        established under this title.
            ``(4) Deputy director of operational test and evaluation.--
        Within the Division there shall be a Deputy Director of 
        Operational Test and Evaluation, who--
                    ``(A) is the principal operational test and 
                evaluation official for the Department; and
                    ``(B) shall--
                            ``(i) monitor and review the operational 
                        testing and evaluation activities conducted by 
                        or on behalf of components of the Department in 
                        major acquisition programs of the Department, 
                        as designated by the Secretary, based on risk, 
                        acquisition level, novelty, complexity, and 
                        size of the acquisition program, or as 
                        otherwise established in statute;
                            ``(ii) provide the Department with 
                        independent and objective assessments of the 
                        adequacy of testing and evaluation activities 
                        conducted in support of major acquisitions 
                        programs; and
                            ``(iii) have prompt and full access to test 
                        and evaluation documents, data, and test 
                        results of the Department that the Deputy 
                        Director considers necessary to review in order 
                        to carry out the duties of the Deputy Director 
                        under this section.
            ``(5) Standards executive.--Within this Division, there 
        shall be a Standards Executive as described in Office of 
        Management and Budget Circular A-119. The Standards Executive 
        shall--
                    ``(A) implement the Department's standards policy 
                as described in section 102(g); and
                    ``(B) support the development and adoption of 
                voluntary standards in accordance with section 12(d) of 
                the National Technology Transfer and Advancement Act of 
                1995 (15 U.S.C. 272 note).
            ``(6) Limitation.--The Division is not required to carry 
        out operational testing.
            ``(7) Evaluation of department of defense technologies.--
        The Director of Test, Evaluation, and Standards may evaluate 
        technologies currently in use or being developed by the 
        Department of Defense to assess whether they can be leveraged 
        to address homeland security capability gaps.''.

SEC. 1023. PEER REVIEW.

    (a) Responsibilities and Authorities of the Under Secretary.--
Section 302 (6 U.S.C. 183) is amended by striking ``and'' after the 
semicolon at the end of paragraph (13), by striking the period at the 
end of paragraph (14) and inserting ``; and'', and by adding at the end 
the following new paragraph:
            ``(15) developing and overseeing the administration of 
        guidelines for peer review of research and development 
        projects, including by--
                    ``(A) consulting with experts, including scientists 
                and practitioners, about the research and development 
                conducted by the Directorate of Science and Technology; 
                and
                    ``(B) performing ongoing independent, external, 
                scientific peer review--
                            ``(i) initially at the division level; or
                            ``(ii) when divisions conduct multiple 
                        programs focused on significantly different 
                        subjects, at the program level.''.
    (b) Report.--The Secretary shall report to Congress not later than 
60 days after the completion of the first review under section 
302(15)(B) of the Homeland Security Act of 2002, as amended by 
subsection (a) of this section on--
            (1) the findings of the review; and
            (2) any future efforts to ensure that the Department's 
        research projects are peer reviewed, as appropriate.

SEC. 1024. DIRECTORATE OF SCIENCE AND TECHNOLOGY STRATEGIC PLAN.

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

``SEC. 318. STRATEGIC PLAN.

    ``(a) Requirement for Strategic Plan.--Not later than 1 year after 
the date of enactment of this section and every other year thereafter, 
the Under Secretary for Science and Technology shall prepare a 
strategic plan for the activities of the Directorate.
    ``(b) Contents.--The strategic plan required by subsection (a) 
shall be prepared in accordance with applicable Federal requirements, 
and shall include the following matters:
            ``(1) The long-term strategic goals of the Directorate.
            ``(2) Identification of the research programs of the 
        Directorate that support achievement of those strategic goals.
            ``(3) The connection of the activities and programs of the 
        Directorate to requirements or homeland security capability 
        gaps identified by customers within the Department and outside 
        of the Department, including the first responder community.
            ``(4) The role of the Department's risk analysis in the 
        activities and programs of the Directorate.
            ``(5) A technology transition strategy for the programs of 
        the Directorate.
            ``(6) A description of the policies of the Directorate on 
        the management, organization, and personnel of the Directorate.
    ``(c) Submission of Plan to Congress.--The Secretary shall submit 
to Congress any update to the strategic plan most recently prepared 
under subsection (a) at the same time that the President submits to 
Congress the budget for each even-numbered fiscal year.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
amended by adding at the end of the items relating to title III the 
following new item:

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

       Subtitle C--Directorate of Science and Technology Programs

SEC. 1031. LIMITATIONS ON RESEARCH.

    Section 302(4) is amended by inserting after ``extramural 
programs,'' the following: ``that, to the greatest extent possible, 
addresses a prioritized risk to the homeland as identified by a risk 
analysis under section 226(e) of this Act''.

SEC. 1032. UNIVERSITY-BASED CENTERS.

    (a) Authorization of Appropriations.--Of the amount authorized by 
section 1011, there is authorized to be appropriated $40,000,000 for 
fiscal year 2011 to the Secretary to carry out the university-based 
centers program of the Department.
    (b) Criteria for Designation.--Section 308(b)(2)(B)(iii) (6 U.S.C. 
188(b)(2)(B)(iii)) is amended by inserting before the period at the end 
the following: ``, including medical readiness training and research, 
and community resiliency for public health and healthcare critical 
infrastructure''.
    (c) Explosive Countermeasures or Detection.--Section 
308(b)(2)(B)(iv) (6 U.S.C. 188(b)(2)(B)(iv)) is amended by striking 
``and nuclear'' and inserting ``nuclear, and explosive''.

SEC. 1033. REVIEW OF UNIVERSITY-BASED CENTERS.

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

SEC. 1034. DUAL-USE TERRORIST RISKS FROM SYNTHETIC GENOMICS.

    (a) Sense of Congress.--It is the sense of Congress that the field 
of synthetic genomics has the potential to facilitate enormous gains in 
fundamental discovery and biotechnological applications, but it also 
has inherent dual-use homeland security risks that must be managed.
    (b) Requirement.--The Under Secretary shall examine and report to 
the appropriate congressional committees by not later than one year 
after the date of enactment of this Act on the homeland security 
implications of the dual-use nature of synthetic genomics and, if the 
Under Secretary determines that such research is appropriate, may 
conduct research in that area, including--
            (1) determining the current capability of synthetic nucleic 
        acid providers to effectively differentiate a legitimate 
        customer from a potential terrorist or other malicious actor;
            (2) determining the current capability of synthetic nucleic 
        acid providers to effectively screen orders for sequences of 
        homeland security concern; and
            (3) making recommendations regarding screening software, 
        protocols, and other remaining capability gaps uncovered by the 
        study.

SEC. 1035. UNDERWATER TUNNEL SECURITY DEMONSTRATION PROJECT.

    (a) In General.--The Under Secretary, in consultation with the 
Assistant Secretary of the Transportation Security Administration, 
shall conduct a demonstration project to test and assess the 
feasibility and effectiveness of certain technologies to enhance the 
security of underwater public transportation tunnels against terrorist 
attacks involving the use of improvised explosive devices.
    (b) Inflatable Plugs.--At least one of the technologies tested 
under subsection (a) shall be inflatable plugs that may be rapidly 
deployed to prevent flooding of an underwater public transportation 
tunnel.

SEC. 1036. THREATS RESEARCH AND DEVELOPMENT.

    (a) In General.--The Under Secretary, in carrying out 
responsibilities under section 302 of the Homeland Security Act of 2002 
(6 U.S.C. 182), may support research, development, testing, evaluation, 
and transition of technology that increases the Nation's preparedness 
against chemical and biological threats and strengthens the Nation's 
preparedness and collective response against those threats through 
improved threat awareness and advanced surveillance, detection, and 
protective countermeasures, and to enhance the development of border 
security technology.
    (b) Biological Security.--To carry out subsection (a), the Under 
Secretary may conduct research to develop understanding, technologies, 
and systems needed to protect against biological attacks on the 
Nation's population or infrastructure, including--
            (1) providing advanced planning tools, concepts of 
        operations (including alarm resolution protocols), and training 
        exercises for responding to and recovering from biological 
        attacks;
            (2) developing biological assays and improved detection 
        technology that will operate with faster detection times, lower 
        costs, and the potential for increased geographical coverage to 
        the Nation when compared to existing homeland security 
        technologies;
            (3) characterizing threats posed by biological weapons, 
        anticipating future threats, conducting comprehensive threat 
        and risk assessments to guide prioritization of the Nation's 
        biodefense investments, and developing population threat 
        assessments that inform the issuance of material threat 
        determinations;
            (4) conducting bioforensics research in support of criminal 
        investigations to aid attribution, apprehension, and 
        prosecution of a terrorist or other perpetrator of a biological 
        attack, and providing tools and facilities that Federal law 
        enforcement investigators need to analyze biological threat 
        evidence recovered, including operation of the National 
        Bioforensic Analysis Center; and
            (5) conducting appropriate research and studies that will 
        increase our understanding of and uncertainties associated with 
        risk and threats posed by biological agents through the 
        Biological Threat Characterization Center and other means as 
        determined by the Secretary.
    (c) Agricultural Security.--The Under Secretary may conduct 
research and development to enhance the protection of the Nation's 
agriculture and food system against terrorist attacks, and other 
emergency events through enhancement of current agricultural 
countermeasures, development of new agricultural countermeasures, and 
provision of safe, secure, state-of-the-art biocontainment laboratories 
for researching foreign animal and zoonotic diseases, including--
            (1) developing technologies to defend the Nation against 
        the natural and intentional introduction of selected foreign 
        animal diseases, developing next-generation vaccines and 
        diagnostics in coordination with the Department of Agriculture, 
        and modeling the spread of foreign animal diseases and their 
        economic impact to evaluate strategies for controlling 
        outbreaks; and
            (2) leading the Department effort to enhance interagency 
        coordination of research and development of agricultural 
        disease countermeasures.
    (d) Chemical Security.--The Under Secretary may develop technology 
to reduce the Nation's vulnerability to chemical warfare agents and 
commonly used toxic industrial chemicals, including--
            (1) developing a robust and enduring analytical capability 
        in support of chemical countermeasures development, including 
        developing and validating forensic methodologies and analytical 
        tools, conducting risk and vulnerability assessments based on 
        chemical threat properties, and maintaining infrastructure 
        including the Chemical Security Analysis Center;
            (2) developing technology to detect a chemical threat 
        release; and
            (3) developing technologies and guidance documents to 
        foster a coordinated approach to returning a chemically 
        contaminated area to a normal condition, and to foster analysis 
        of contaminated areas both before and after the restoration 
        process.
    (e) Risk Assessments.--
            (1) In general.--The Under Secretary shall produce risk 
        assessments for biological and chemical threats, and shall 
        coordinate with the Director of the Domestic Nuclear Detection 
        Office of the Department, the Assistant Secretary of the Office 
        of Health Affairs of the Department, and the Assistant 
        Secretary of Infrastructure Protection of the Department on an 
        integrated risk assessment, including regarding chemical, 
        biological, radiological, nuclear, and explosive threats.
            (2) Usage.--The assessments required under paragraph (1) 
        shall be used to inform and guide the threat assessments and 
        determinations by the Secretary of Homeland Security regarding 
        agents and toxins pursuant to section 302(9) of the Homeland 
        Security Act of 2002 (6 U.S.C. 182(9)), and to guide 
        prioritization of other homeland defense activities, as 
        appropriate.
            (3) Task force.--The Under Secretary for Science and 
        Technology shall convene an interagency task force of relevant 
        subject matter experts to assess the proposed methodology to be 
        used for each assessment required under paragraph (1), and to 
        provide recommendations to the Under Secretary as to the 
        adequacy of such methodology.
    (f) Border Security.--The Under Secretary may develop technology, 
in coordination with the Commissioner of Customs and Border Protection, 
to gain effective control of the international land borders of the 
United States within 5 years after the date of enactment of this Act. 
In carrying out such development activities, the Under Secretary shall 
ensure coordination and integration between new technologies developed 
and those already utilized by U.S. Customs and Border Protection.

SEC. 1037. MARITIME DOMAIN AWARENESS AND MARITIME SECURITY TECHNOLOGY 
              TEST, EVALUATION, AND TRANSITION CAPABILITIES.

    (a) Global Maritime Domain Awareness and Maritime Security 
Technology Test, Evaluation, and Transition Capabilities.--
            (1) Establishment.--The Secretary shall establish 
        capabilities for conducting global maritime domain awareness 
        and maritime security technology test, evaluation, and 
        transition, as provided in this subsection.
            (2) Purpose.--The purpose of such capabilities shall be 
        to--
                    (A) direct technology test, evaluation, and 
                transition activities in furtherance of border and 
                maritime security; and
                    (B) evaluate such technology in diverse 
                environments including coastal, seaport, and offshore 
                locations.
    (b) Coordination.--The Secretary, acting through the Under 
Secretary, shall ensure that--
            (1) technology test, evaluation, and transition efforts 
        funded by the Department in furtherance of border and maritime 
        security avoid duplication of efforts, reduce unnecessary 
        redundancies, streamline processes, increase efficiencies, and 
        otherwise complement existing Department and other efforts in 
        border and maritime security; and
            (2) the results of such efforts are shared with the 
        appropriate congressional committees and others as determined 
        appropriate by the Secretary.

SEC. 1038. RAPID BIOLOGICAL THREAT DETECTION AND IDENTIFICATION.

    (a) In General.--Notwithstanding section 302(4) of the Homeland 
Security Act of 2002 (6 U.S.C. 182(4)), the Secretary shall require the 
Under Secretary, in consultation with other relevant operational 
components of the Department, to assess whether the development of 
screening capabilities for pandemic influenza and other infectious 
diseases should be undertaken by the Directorate to support entry and 
exit screening at ports of entry and for other purposes.
    (b) Development of Methods.--If the Under Secretary determines that 
the development of such screening capabilities should be undertaken, 
the Secretary shall, to the extent possible, initiate development of 
safe and effective methods to rapidly screen incoming travelers at 
ports of entry for pandemic influenza and other infectious diseases.
    (c) Collaboration.--In developing methods under subsection (b), the 
Secretary may collaborate with other Federal agencies, as appropriate.

SEC. 1039. RURAL RESILIENCE INITIATIVE.

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

SEC. 1040. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

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

``SEC. 319. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

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

``Sec. 319. Homeland Security Science and Technology Fellows 
                            Program.''.

SEC. 1041. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY.

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

``SEC. 320. BIOLOGICAL THREAT AGENT ASSAY EQUIVALENCY PROGRAM.

    ``(a) In General.--To facilitate equivalent biological threat agent 
identification among federally operated biomonitoring programs, the 
Under Secretary, in consultation with the Director of the Centers for 
Disease Control and Prevention, may implement an assay equivalency 
program for biological threat assays.
    ``(b) Features.--In order to establish assay performance 
equivalency to support homeland security and public health security 
decisions, the program may--
            ``(1) evaluate biological threat detection assays, their 
        protocols for use, and their associated response algorithms for 
        confirmation of biological threat agents, taking performance 
        measures and concepts of operation into consideration; and
            ``(2) develop assay equivalency standards based on the 
        findings of the evaluation under paragraph (1).
    ``(c) Update.--The Under Secretary shall update the program as 
necessary.
    ``(d) Implementation.--The Secretary shall--
            ``(1) require implementation of the standards developed 
        under subsection (b)(2) for all Department biomonitoring 
        programs; and
            ``(2) make such standards available to support all other 
        Federal biomonitoring programs.
    ``(e) Assay Defined.--In this section the term `assay' means any 
scientific test that is--
            ``(1) designed to detect the presence of a biological 
        threat agent; and
            ``(2) of a type selected under criteria established by the 
        Secretary.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 320. Biological threat agent assay equivalency program.''.

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.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Secretary, in coordination with the National Science 
Foundation, shall commission a study by a nonprofit research 
institution to determine the feasibility and potential benefit of 
expanding the Federal Cyber Service Scholarship for Service Program, or 
establishing a parallel program, as methods to create a new 
cybersecurity or information assurance capacity building track at 
institutions of higher education that are not currently designated as a 
National Center of Academic Excellence in Information Assurance 
Education or a National Center of Academic Excellence in Research.
    (b) Subject Matters.--The study under subsection (a) shall include 
examinations of the following:
            (1) The feasibility and potential benefit of allowing the 
        following types of institutions into the existing Federal Cyber 
        Service program:
                    (A) Community colleges.
                    (B) Institutions offering an undergraduate degree, 
                graduate degree, or post-graduate degree, but do not 
                qualify under the existing program.
                    (C) Institutions offering a certificate or 
                industry-recognized credential.
            (2) The feasibility and potential benefit of establishing a 
        new program modeled after the Federal Cyber Service program to 
        build capacity at--
                    (A) community colleges;
                    (B) institutions offering an undergraduate degree, 
                graduate degree, or post-graduate degree, but do not 
                qualify under the existing program; or
                    (C) institutions offering a certificate or 
                industry-recognized credential.
            (3) The projected extent to which an expansion of the 
        existing Federal Cyber Service program as described in 
        paragraph (1) would--
                    (A) expand the availability of qualified 
                individuals to work in information assurance and 
                cybersecurity within the Department and other Federal, 
                State, local, and tribal agencies, and the private 
                sector;
                    (B) encourage institutions of higher education to 
                develop a new information assurance or cybersecurity 
                education undergraduate degree programs, graduate 
                degree programs, or programs conferring a certificate 
                or industry-recognized credential;
                    (C) increase the number of students graduating 
                annually from existing information assurance or 
                cybersecurity education undergraduate degree programs, 
                graduate degree programs, or programs conferring a 
                certificate or industry-recognized credential; or
                    (D) improve existing information assurance or 
                cybersecurity education undergraduate degree programs, 
                graduate degree programs, or programs conferring a 
                certificate or industry-recognized credential.
            (4) The projected extent to which the establishment of a 
        new program modeled after the Federal Cyber Service program as 
        described in paragraph (2) would--
                    (A) expand the availability of qualified 
                individuals to work in information assurance and 
                cybersecurity within the Department and other Federal, 
                State, local, and tribal agencies, and the private 
                sector;
                    (B) encourage institutions of higher education to 
                develop a new information assurance or cybersecurity 
                education undergraduate degree programs, graduate 
                degree programs, or programs conferring a certificate 
                or industry-recognized credential;
                    (C) increase the number of students graduating 
                annually from existing information assurance or 
                cybersecurity education undergraduate degree programs, 
                graduate degree programs, or programs conferring a 
                certificate or industry-recognized credential; or
                    (D) improve existing information assurance or 
                cybersecurity education undergraduate degree programs, 
                graduate degree programs, or programs conferring a 
                certificate or industry-recognized credential.
    (c) Report.--Not later than 30 days after receiving the findings of 
the study, the Secretary shall transmit the findings, together with any 
comments thereon by the Secretary, to the appropriate congressional 
committees.

SEC. 1043. ASSESSMENT, RESEARCH, TESTING, AND EVALUATION OF 
              TECHNOLOGIES TO MITIGATE THE THREAT OF SMALL VESSEL 
              ATTACK.

    The Under Secretary may--
            (1) assess what technologies are available to mitigate the 
        threat of small vessel attack in secure zones of ports, 
        including the use of transponders or radio frequency 
        identification devices to track small vessels; and
            (2) conduct research, testing, and evaluation of new 
        technologies that might be capable of tracking small vessels.

SEC. 1044. OTHER TRANSACTION AUTHORITY.

    Section 831 (6 U.S.C. 391) is amended--
            (1) in subsection (a), by striking ``2010,'' and inserting 
        2011;
            (2) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(3) Prior approval.--In any case in which the Under 
        Secretary for Science and Technology intends to exercise other 
        transaction authority, the Under Secretary must receive prior 
        approval from the Secretary after submitting to the Secretary a 
        proposal that includes the rationale for why a grant or 
        contract issued in accordance with the Federal Acquisition 
        Regulation is not feasible or appropriate and the amount to be 
        expended for such project. In such a case, the authority for 
        evaluating the proposal may not be delegated by the Secretary 
        to anyone other than the Under Secretary for Management.''; and
            (3) by redesignating subsection (e) as subsection (i), and 
        by inserting after subsection (d) the following new 
        subsections:
    ``(e) Annual Report on Exercise of Other Transaction Authority.--
            ``(1) In general.--The Secretary shall submit to the 
        appropriate congressional committees an annual report on the 
        exercise of other transaction authority.
            ``(2) Content.--The report shall include the following:
                    ``(A) The subject areas in which research projects 
                were conducted using other transaction authority.
                    ``(B) The extent of cost-sharing for such projects 
                among Federal and non-Federal sources.
                    ``(C) The extent to which use of other transaction 
                authority has addressed a homeland security capability 
                gap identified by the Department of Homeland Security.
                    ``(D) The total amount of payments, if any, that 
                were received by the Federal Government as a result of 
                such exercise of other transaction authority during the 
                period covered by the report.
                    ``(E) The rationale for using other transaction 
                authority, including why grants or contracts issued in 
                accordance with the Federal Acquisition Regulation were 
                not feasible or appropriate.
                    ``(F) the amount expended for each such project.
    ``(f) Training.--The Secretary shall develop a training program for 
acquisitions staff in the use of other transaction authority to help 
ensure the appropriate use of such authority.
    ``(g) Review Authority.--The exercise of other transaction 
authority shall be subject to review by the Comptroller General of the 
United States to ensure that an agency is not attempting to avoid the 
requirements of procurement statutes and regulations.
    ``(h) Other Transaction Authority Defined.--In this section the 
term `other transaction authority' means authority under subsection 
(a).''.

SEC. 1045. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.

    (a) In General.--The National Urban Security Technology Laboratory 
(formerly the Environmental Measurements Laboratory) is authorized 
within the Directorate for fiscal year 2011.
    (b) Responsibilities.--The Under Secretary shall utilize the 
National Urban Security Technology Laboratory to test, evaluate, and 
analyze homeland security capabilities and serve as a technical 
authority to first responders and State and local entities, including 
by--
            (1) conducting test programs, pilots projects, 
        demonstrations, and other forms of evaluations of homeland 
        security technologies both in the field and in the laboratory;
            (2) applying knowledge of operational end-user environments 
        and support for operational integration to technology 
        development, including--
                    (A) training;
                    (B) exercises;
                    (C) equipment;
                    (D) tactics;
                    (E) techniques; and
                    (F) procedures;
            (3) representing interests and requirements between 
        technology developers and operational end-users; and
            (4) supporting development and use of homeland security 
        equipment and operational standards.

             Subtitle D--Domestic Nuclear Detection Office

SEC. 1051. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Domestic Nuclear 
Detection Office of the Department $305,840,000 for fiscal year 2011.

SEC. 1052. DOMESTIC NUCLEAR DETECTION OFFICE OVERSIGHT.

    (a) Sense of Congress.--It is the sense of Congress that the 
Directorate should conduct basic and innovative research and 
nondevelopmental testing on behalf of the Domestic Nuclear Detection 
Office (in this section referred to as ``DNDO''), in order to advance 
next generation nuclear detection technologies.
    (b) Internal Review of Project Selection and Evaluation 
Methodology.--Not later than 90 days after the date of enactment of 
this Act, the Director of the DNDO shall begin an internal review of 
the methodology by which research, development, testing, and evaluation 
is identified, prioritized, and funded by the DNDO. In conducting such 
review, the Director shall consult with the Under Secretary and the 
heads of all operational components of the Department that own, 
operate, or maintain nuclear or radiological detection technologies.
    (c) Contents of Review.--In carrying out the review under 
subsection (b), the Director of the DNDO shall--
            (1) identify the process by which basic and applied 
        research and operational testing that should be conducted in 
        concert and under agreement with the Directorate;
            (2) describe the roles, responsibilities, common 
        definitions, standard operating procedures, and decision 
        process for research, development, testing, and evaluation 
        activities;
            (3) describe and implement a transparent system for 
        tracking research, development, testing, and evaluation 
        requirements;
            (4) describe and implement a mechanism to provide regular 
        updates to components of the Department on the progress of such 
        research;
            (5) evaluate the degree to which needs of the operational 
        components of the Department and State and local first 
        responders are being adequately addressed by the existing 
        project selection process, and if not, how such process can be 
        improved;
            (6) establish a method to collect and evaluate Department 
        component feedback;
            (7) utilize departmental matrices and systems to determine 
        if technologies produced by the Directorate have enhanced the 
        ability of Department components to perform their missions;
            (8) identify appropriate five-year levels of investment in 
        basic and applied research and development, in particular among 
        the Department laboratories, federally funded research and 
        development centers, university-based centers, Department of 
        Energy national laboratories, and other Federal laboratories;
            (9) project balance of use of the entities referred to in 
        paragraph (8) among the Directorate and other Department 
        components; and
            (10) establish a formal merit review process, with external 
        peer review where appropriate.
    (d) Report.--Not later than one year after the completion of the 
review required by subsection (b), the Director of the DNDO shall 
submit to the Secretary and the appropriate congressional committees a 
report containing the findings of such review, together with 
information on the systems, methods, and mechanisms established, and 
recommendations for additional improvements.
    (e) Updates on Implementation.--One hundred and twenty days after 
the date of enactment of this Act, and annually thereafter, the 
Inspector General of the Department shall submit to the appropriate 
congressional committees an update on the status of implementation of 
this section and activities in support of such implementation.

SEC. 1053. STRATEGIC PLAN AND FUNDING ALLOCATIONS FOR GLOBAL NUCLEAR 
              DETECTION ARCHITECTURE.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall submit to the appropriate congressional committees 
a report containing the following:
            (1) A strategic plan for the global nuclear detection 
        architecture to deter and detect the transport of nuclear or 
        radioactive materials by all means possible, with specific 
        focus on establishing the goals, objectives, and cost 
        projections for the next five years, including a discussion 
        of--
                    (A) technological and nontechnological methods to 
                increase detection capabilities;
                    (B) the preventive nature of the global nuclear 
                detection architecture, including projected impact on 
                would-be terrorists;
                    (C) detection capability enhancements for the 
                various transportation modes, at ports of entry and 
                between ports of entry;
                    (D) balanced risk-based deployment of detection 
                assets across all border and other pathways; and
                    (E) any emerging threat vectors identified by the 
                Director of the Domestic Nuclear Detection Office.
            (2) In consultation with the Secretary of Defense, the 
        Secretary of Energy, the Secretary of State, the Nuclear 
        Regulatory Commission, the Intelligence Community, and the 
        Attorney General, an analysis of overall budget allocations 
        that determines whether Government-wide nuclear detection 
        resources clearly align with identified priorities to maximize 
        results and minimize duplication of efforts.

SEC. 1054. RADIATION PORTAL MONITOR ALTERNATIVES.

    (a) Sense of Congress.--It is the sense of Congress that in view of 
the Secretary's decision not to certify advanced spectroscopic portal 
monitors for primary screening applications because they do not offer a 
significant increase in operational effectiveness over existing 
technology, the Director must attempt to identify viable alternatives.
    (b) Analysis and Report.--The Director of the Domestic Nuclear 
Detection Office shall analyze and report to the appropriate 
congressional committees by not later than 90 days after the date of 
enactment of this Act on both existing and developmental alternatives 
to existing radiation portal monitors and advanced spectroscopic portal 
monitors that would provide the Department with a significant increase 
in operational effectiveness for primary screening for radioactive 
materials.

                   Subtitle E--Clarifying Amendments

SEC. 1061. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

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

SEC. 1062. ELIMINATION OF HOMELAND SECURITY INSTITUTE.

    (a) Repeal.--Section 312 (6 U.S.C. 192) is repealed.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
amended by striking the item relating to such section.

SEC. 1063. GAO STUDY OF THE IMPLEMENTATION OF THE STATUTORY 
              RELATIONSHIP BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF 
              ENERGY NATIONAL LABORATORIES.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall--
            (1) conduct a study to assess the implementation of the 
        statutory relationship between the Department and the 
        Department of Energy national laboratories, as established by 
        section 309(a)(2) of the Homeland Security Act of 2002 (6 
        U.S.C. 189(a)(2)); and
            (2) submit recommendations to the appropriate congressional 
        committees for appropriate improvements to such relationship.
    (b) Study Subjects.--The study shall include the following:
            (1) Review of how the Department and the Department of 
        Energy national laboratories--
                    (A) communicate needs and capabilities; and
                    (B) select projects to be performed by the 
                Department of Energy national laboratories under such 
                statutory relationship.
            (2) Review of contracting mechanisms that the Department 
        and the Department of Energy national laboratories use to 
        initiate and track work under such statutory relationship.
            (3) Review of the fraction of Department of Energy national 
        laboratory work performed for the Department under such 
        statutory relationship, compared to other Department of Energy 
        national laboratory work performed for the Department on a 
        ``work for others'' basis.
            (4) Review of the cost savings to the Department and the 
        Department of Energy achieved through use of such statutory 
        relationship, compared to other Department of Energy national 
        laboratory work performed for the Department on a ``work for 
        others'' basis.

   Subtitle F--Commission on the Protection of Critical Electric and 
                       Electronic Infrastructures

SEC. 1071. COMMISSION ON THE PROTECTION OF CRITICAL ELECTRIC AND 
              ELECTRONIC INFRASTRUCTURES.

    (a) Establishment.--There is established the Commission on the 
Protection of Critical Electric and Electronic Infrastructures (in this 
section referred to as the ``Commission'').
    (b) Purposes.--
            (1) In general.--The purposes of the Commission are to--
                    (A) assess vulnerabilities of electric and 
                electronic infrastructures, including--
                            (i) all components of the United States 
                        electric grid, including electricity 
                        generation, transmission, distribution and 
                        metering; and
                            (ii) all computerized control systems used 
                        in all United States critical infrastructure 
                        sectors;
                    (B) provide a clear and comprehensive strategy and 
                specific recommendations for protecting these critical 
                electric and electronic infrastructures; and
                    (C) test, evaluate, and report on specific 
                mitigation protection and recovery devices or methods.
            (2) In particular.--The Commission shall give particular 
        attention to threats that can disrupt or damage critical 
        electric and electronic infrastructures, including--
                    (A) cyber attacks or unintentional cyber 
                disruption;
                    (B) electromagnetic phenomena such as 
                geomagnetically induced currents, intentional 
                electromagnetic interference, and electromagnetic 
                pulses caused by nuclear weapons; and
                    (C) other physical attack, act of nature, or 
                accident.
    (c) Composition of Commission.--
            (1) Members.--The Commission shall be composed of 9 
        members, of whom--
                    (A) 1 member shall be appointed by the Chairman of 
                the House of Representatives Committee on Homeland 
                Security;
                    (B) 1 member shall be appointed by the ranking 
                minority member of the House of Representatives 
                Committee on Homeland Security;
                    (C) 1 member shall be appointed by the Chairman of 
                the House of Representatives Committee on Energy and 
                Commerce;
                    (D) 1 member shall be appointed by the ranking 
                minority member of the House of Representatives 
                Committee on Energy and Commerce;
                    (E) 1 member shall be appointed by the Chairman of 
                the Senate Committee on Homeland Security and 
                Governmental Affairs;
                    (F) 1 member shall be appointed by the ranking 
                minority member of the Senate Committee on Homeland 
                Security and Governmental Affairs;
                    (G) 1 member shall be appointed by the Chairman of 
                the Senate Committee on Energy and Natural Resources;
                    (H) 1 member shall be appointed by the ranking 
                minority member of the Senate Committee on Energy and 
                Natural Resources; and
                    (I) 1 member who shall serve as the Chairman of the 
                Commission, and who shall be appointed by the Speaker 
                of the House of Representatives with the concurrence of 
                the President Pro Tempore of the Senate.
            (2) Qualifications.--It is the sense of Congress that 
        individuals appointed to the Commission should be United States 
        citizens, with significant depth of experience in electric and 
        electronic infrastructures, their function, and their 
        protection, as well as the threats to these infrastructures as 
        identified in subsection (b)(2).
            (3) Deadline for appointment.--All members of the 
        Commission shall be appointed within 30 days after the date of 
        enactment of this Act.
            (4) Initial meeting.--The Commission shall meet and begin 
        the operations of the Commission as soon as practicable.
            (5) Quorum; vacancies.--After its initial meeting, the 
        Commission shall meet upon the call of the Chairman or a 
        majority of its members. Six members of the Commission shall 
        constitute a quorum. Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
    (d) Responsibilities of Commission.--The Commission shall address--
            (1) the quantification of the threats identified in 
        subsection (b)(2) to the United States electric and electronic 
        infrastructure, and a cost-benefit analysis of possible 
        protection and recovery strategies;
            (2) the roles, missions, and structure of all relevant 
        Federal, State, and local government departments and agencies 
        with responsibilities for ensuring protection and reliability 
        for electric and electronic infrastructures;
            (3) the roles, missions, and structure of all relevant 
        private sector entities with responsibilities for ensuring 
        protection and reliability for electric and electronic 
        infrastructures;
            (4) inter-agency coordination between and among the 
        entities identified in paragraphs (2) and (3); and
            (5) recommendations for protections and recovery devices 
        and measures.
    (e) Powers of Commission.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this section, 
        hold such hearings and sit and act at such times and places, 
        take such testimony, receive such evidence, and administer such 
        oaths as the Commission or such designated subcommittee or 
        designated member may determine advisable.
            (2) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in appropriations Acts, enter into 
        contracts to enable the Commission to discharge its duties 
        under this subtitle.
            (3) Staff of commission.--
                    (A) Appointment and compensation.--The Chairman of 
                the Commission, in accordance with rules agreed upon by 
                the Commission, may appoint and fix the compensation of 
                a staff director and such other personnel as may be 
                necessary to enable the Commission to carry out its 
                functions, without regard to the provisions of title 5, 
                United States Code, governing appointments in the 
                competitive service, and without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of such title relating to classification and General 
                Schedule pay rates, except that no rate of pay fixed 
                under this subsection may exceed the equivalent of that 
                payable for a position at level I of the Executive 
                Schedule under section 5316 of title 5, United States 
                Code.
                    (B) Personnel as federal employees.--
                            (i) In general.--The executive director and 
                        any employees of the Commission shall be 
                        employees under section 2105 of title 5, United 
                        States Code, for purposes of chapters 63, 81, 
                        83, 84, 85, 87, 89, and 90 of that title.
                            (ii) Members of commission.--Subparagraph 
                        (A) shall not be construed to apply to members 
                        of the Commission.
                    (C) Detailees.--Any Federal Government employee may 
                be detailed to the Commission without reimbursement 
                from the Commission, and such detailee shall retain the 
                rights, status, and privileges of his or her regular 
                employment without interruption.
                    (D) Consultant services.--The Commission may 
                procure the services of experts and consultants in 
                accordance with section 3109 of title 5, United States 
                Code, but at rates not to exceed the daily rate paid a 
                person occupying a position at level I of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code.
                    (E) Security clearances.--The Chairman shall place 
                an emphasis on hiring and retaining employees, 
                contractors, and detailees with active security 
                clearances. For employees who do not have security 
                clearances but are determined by the Chairman to need 
                them, the Central Intelligence Agency, Department of 
                Energy, Department of Defense, and any other relevant 
                agency shall expedite the necessary clearance 
                processes.
                    (F) Former emp commission staff and resources.--The 
                Chairman may make use of any existing and viable staff 
                and resources previously employed by the Commission to 
                Assess the Threat to the United States from 
                Electromagnetic Pulse Attack established by section 
                1401 of Public Law 106-398 (114 Stat. 1654A-345).
            (4) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from any executive department, bureau, agency, board, 
                commission, office, independent establishment, or 
                instrumentality of the Government, information, 
                suggestions, estimates, and statistics for the purposes 
                of this section. Each department, bureau, agency, 
                board, commission, office, independent establishment, 
                or instrumentality shall, to the extent authorized by 
                law, furnish such information, suggestions, estimates, 
                and statistics directly to the Commission, upon request 
                made by the Chairman, the chairman of any subcommittee 
                created by a majority of the Commission, or any member 
                designated by a majority of the Commission.
                    (B) Receipt, handling, storage, and 
                dissemination.--Information shall only be received, 
                handled, stored, and disseminated by members of the 
                Commission and its staff consistent with all applicable 
                statutes, regulations, and Executive orders.
            (5) Assistance from federal agencies.--
                    (A) General services administration.--The 
                Administrator of General Services shall provide to the 
                Commission on a reimbursable basis and as necessary, 
                administrative support and other services for the 
                performance of the Commission's functions.
                    (B) Other departments and agencies.--In addition to 
                the assistance prescribed in paragraph (1), departments 
                and agencies of the United States may provide to the 
                Commission such services, funds, facilities, staff, and 
                other support services as they may determine advisable 
                and as may be authorized by law.
            (6) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
            (7) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as departments and agencies of the United States.
    (f) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate;
            (2) release public versions of the report required under 
        subsection (g); and
            (3) conduct any public hearing in a manner consistent with 
        the protection of sensitive or classified information provided 
        to or developed for or by the Commission as required by any 
        applicable statute, regulation, or Executive order.
    (g) Report.--Not later than 180 days after the appointment of the 
Commission, and annually thereafter, the Commission shall submit to the 
President and Congress a report containing such findings, conclusions, 
and recommendations for protection and recovery measures for electric 
and electronic infrastructures as have been agreed to by a majority of 
Commission members.
    (h) Funding.--Of the amounts authorized by section 1011, there is 
authorized to be appropriated for the activities of the Commission 
under this section $4,000,000 for fiscal year 2011.

               Subtitle G--Securing the Cities Initiative

SEC. 1081. SECURING THE CITIES INITIATIVE.

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

``SEC. 1908. AUTHORIZATION OF SECURING THE CITIES INITIATIVE.

    ``(a) Findings.--Congress finds the following:
            ``(1) The Securing the Cities Initiative of the Department 
        uses next generation radiation detection technology to detect 
        the transport of nuclear and radiological material in urban 
        areas by terrorists or other unauthorized individuals.
            ``(2) The technology used by partners in the Securing the 
        Cities Initiative leverages radiation detection technology used 
        at ports of entry.
            ``(3) The Securing the Cities Initiative has fostered 
        unprecedented collaboration and coordination among its Federal, 
        State, and local partners.
            ``(4) The Securing the Cities Initiative is a critical 
        national capability to detect the dangerous introduction of 
        nuclear and radiological material.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary for the Securing the Cities Initiative 
such sums as may be necessary for each fiscal year, including--
            ``(1) of the amounts authorized by section 201 of the 
        Counterterrorism Enhancement and Department of Homeland 
        Security Authorization Act of 2010 for each city in which it 
        has been implemented by fiscal year 2009 $20,000,000 for fiscal 
        year 2011;
            ``(2) not less than $10,000,000 in sustainment assistance 
        for the cities referred to in paragraph (1) for each fiscal 
        year thereafter; and
            ``(3) for additional Securing the Cities initiatives to be 
        implemented in not fewer than 2 sites participating in the 
        Urban Area Security Initiative, such sums as may be necessary 
        each fiscal year to implement and sustain each additional 
        initiative.''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 1907 the following new item:

``Sec. 1908. Authorization of Securing the Cities Initiative.''.

                   TITLE XI--MANAGEMENT IMPROVEMENTS

SEC. 1101. DIRECT LINE AUTHORITY FOR CHIEF OPERATING OFFICERS.

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

``SEC. 708. CHIEF OPERATING OFFICERS.

    ``(a) In General.--The Chief Operating Officers of the Department 
include the following officials of the Department:
            ``(1) The Chief Financial Officer.
            ``(2) The Chief Procurement Officer.
            ``(3) The Chief Information Officer.
            ``(4) The Chief Human Capital Officer.
            ``(5) The Chief Administrative Officer.
            ``(6) The Chief Security Officer.
    ``(b) Delegation.--The Secretary shall delegate to each Chief 
Operating Officer direct authority over that Officer's counterparts in 
component agencies to ensure that the component agencies adhere to the 
laws, rules, regulations, and departmental policies for which such 
Officer is responsible for implementing. In coordination with the head 
of the relevant component agency, such authorities shall include, with 
respect to the Officer's counterparts within component agencies of the 
Department, the following:
            ``(1) The authority to direct the activities of personnel.
            ``(2) The authority to direct planning, operations, and 
        training.
            ``(3) The authority to direct the budget and other 
        financial resources.
    ``(c) Coordination With Heads of Component Agencies.--In reporting 
to a Chief Operating Officer of the Department as required under 
subsection (b), a Chief Operating Officer of a component agency shall 
coordinate with the head of that component agency.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 707 
the following:

``Sec. 708. Chief Operating Officers.''.

SEC. 1102. DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS CONSOLIDATION 
              PROJECT.

    (a) Findings.--Relating to the consolidation of the operations of 
the Department in a secure location, Congress finds the following:
            (1) The Department of Homeland Security and its component 
        headquarters facilities are currently scattered widely 
        throughout the National Capital Region.
            (2) This geographic dispersal disrupts the Department's 
        ability to operate in an efficient manner, and could impair its 
        ability to prevent, deter, prepare for, and respond to a 
        terrorist attack, major disaster, or other emergency.
            (3) The Government Accountability Office continues to list 
        ``Implementing and Transforming the Department of Homeland 
        Security'' on its ``High Risk List''.
            (4) Consolidating the Department's headquarters and 
        component facilities, to the greatest extent practicable, would 
        be an important step in facilitating the transformation and 
        integration of the Department.
            (5) The General Services Administration has determined that 
        the only site under the control of the Federal Government 
        within the National Capital Region with the size, capacity, and 
        security features to meet the minimum consolidation needs of 
        the Department as identified in the National Capital Region 
        Housing Master Plan of the Department submitted to the Congress 
        on October 24, 2006, is the West Campus of St. Elizabeths 
        Hospital in the District of Columbia.
    (b) Consolidation.--
            (1) In general.--Notwithstanding any other provision of law 
        and not later than the end of fiscal year 2016, the Secretary 
        shall consolidate key headquarters offices and components of 
        the Department, as determined by the Secretary, in accordance 
        with this subsection.
            (2) St. elizabeths hospital.--The Secretary shall ensure 
        that at the West Campus of St. Elizabeths Hospital in the 
        District of Columbia, in a secure setting, there are--
                    (A) not less than 4,500,000 gross square feet of 
                office space for use by the Department; and
                    (B) all necessary parking and infrastructure to 
                support approximately 14,000 employees.
            (3) Other mission support activities.--
                    (A) In general.--The Secretary shall consolidate 
                the physical location of all components and activities 
                of the Department in the National Capitol Region that 
                do not relocate to the West Campus of St. Elizabeths 
                Hospital to as few locations within the National 
                Capital Region as possible.
                    (B) Limitation.--The Secretary may only consolidate 
                components and activities described in subparagraph (A) 
                if the consolidation can be accomplished without 
                negatively affecting the specific mission of the 
                components or activities being consolidated.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section 
for fiscal year 2011.

SEC. 1103. ACQUISITION PROFESSIONAL CAREER PROGRAM.

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

``SEC. 709. ACQUISITION PROFESSIONAL CAREER PROGRAM.

    ``(a) Establishment.--The Secretary shall establish at the 
Department of Homeland Security an Acquisition Professional Career 
Program for the recruitment, training, and retention of acquisition 
professionals for the Department of Homeland Security.
    ``(b) Program.--The program established under subsection (a) shall 
include three single-year rotations through various headquarters and 
component acquisition and program offices to provide the experience and 
training necessary to attain the status of a journeyman level 
acquisition professional.
    ``(c) Participation.--The Secretary may recruit and hire up to 100 
interns for the program established under subsection (a) in each of 
fiscal years 2011 though 2015.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such title the following new item:

``Sec. 709. Acquisition Professional Career Program.''.

SEC. 1104. ANNUITANTS FOR ACQUISITION POSITIONS.

    (a) Definitions.--For purposes of this section--
            (1) the term ``procurement office'' means the Office of 
        Procurement Operations and any other procurement office within 
        any agency or other component of the Department;
            (2) the term ``annuitant'' means an annuitant under a 
        Government retirement system;
            (3) the term ``Government retirement system'' means a 
        retirement system established by law for employees of the 
        Government of the United States; and
            (4) the term ``employee'' has the meaning given such term 
        by section 2105 of title 5, United States Code.
    (b) Appointment Authority.--The Secretary (acting through the Chief 
Procurement Officer) may, for the purpose of supporting the 
Department's acquisition capabilities and enhancing contract management 
throughout the Department, appoint annuitants to positions in 
procurement offices in accordance with succeeding provisions of this 
section.
    (c) Noncompetitive Procedures; Exemption From Offset.--An 
appointment made under subsection (b) shall not be subject to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and any annuitant serving pursuant to such an 
appointment shall be exempt from sections 8344 and 8468 of such title 5 
(relating to annuities and pay on reemployment) and any other similar 
provision of law under a Government retirement system.
    (d) Limitations.--No appointment under subsection (b) may be made 
if such appointment would result in the displacement of any employee or 
would cause the total number of positions filled by annuitants 
appointed under such subsection to exceed 250 as of any time 
(determined on a full-time equivalent basis).
    (e) Rule of Construction.--An annuitant as to whom an exemption 
under subsection (c) is in effect shall not be considered an employee 
for purposes of any Government retirement system.
    (f) Termination.--Upon the expiration of the 5-year period 
beginning on the date of the enactment of this Act--
            (1) any authority to make appointments under subsection (b) 
        shall cease to be available; and
            (2) all exemptions under subsection (c) shall cease to be 
        effective.

SEC. 1105. ACQUISITION REVIEW BOARD.

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

``SEC. 710. DEPARTMENT INVESTMENT REVIEW.

    ``(a) Establishment.--The Secretary shall establish a process for 
the review of proposed investments by the Department.
    ``(b) Purpose.--The Secretary shall use the process established 
under subsection (a) to inform investment decisions, strengthen 
acquisition oversight, and improve resource management across the 
Department.
    ``(c) Boards and Councils.--
            ``(1) Establishment.--The Secretary shall establish a 
        Department-wide Acquisition Review Board for the purpose of 
        carrying out the investment review process established under 
        subsection (a).
            ``(2) Membership.--The Secretary shall designate 
        appropriate officers of the Department to serve on the 
        Acquisition Review Board.
            ``(3) Subordinate boards and councils.--The Secretary may 
        establish subordinate boards and councils reporting to the 
        Acquisition Review Board to review certain categories of 
        investments on a Department-wide basis.
    ``(d) Investment Thresholds.--The Secretary shall establish 
threshold amounts for the review of investments by the Acquisition 
Review Board and any subordinate boards and councils.''.
    (b) Reporting Requirements.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall submit a report on 
        the implementation of the amendments made by this section, 
        including providing all directives, instructions, memoranda, 
        manuals, guidebooks, and other materials relevant to the 
        implementation of the amendments made by this section to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Annual report.--
                    (A) In general.--The Secretary shall submit an 
                annual report on the activities of the Acquisition 
                Review Board and subordinate boards and councils 
                established within the Department for the purpose of 
                Department-wide investment review and acquisition 
                oversight under section 710 of the Homeland Security 
                Act of 2002, as added by this section, including 
                detailed statistics on programs and activities 
                reviewed, to--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate; and
                            (ii) the Committee on Homeland Security of 
                        the House of Representatives.
                    (B) Annual financial report.--The report under this 
                paragraph may be included as part of the performance 
                and accountability report submitted by the Department 
                under section 3516(f) of title 31, United States Code.
    (c) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 709 
the following:

``Sec. 710. Department investment review.''.

SEC. 1106. OFFICE OF INSPECTOR GENERAL.

    Of the amount authorized by section 201, there is authorized to be 
appropriated to the Secretary $129,806,000 for fiscal year 2011 for 
operations of the Office of the Inspector General of the Department of 
Homeland Security.

SEC. 1107. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN EACH COMPONENT OF 
              DEPARTMENT OF HOMELAND SECURITY.

    (a) Establishment of Privacy Official Within Each Component of 
Department of Homeland Security.--
            (1) In general.--Subtitle C of title II of the Homeland 
        Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by 
        inserting after section 222 the following new section:

``SEC. 222A. PRIVACY OFFICIALS.

    ``(a) Designation.--
            ``(1) In general.--For each component of the Department 
        under paragraph (2), the Secretary shall, in consultation with 
        the head of the component, designate a full-time privacy 
        official, who shall report directly to the senior official 
        appointed under section 222. Each such component privacy 
        official shall have primary responsibility for its component in 
        implementing the privacy policy for the Department established 
        by the senior official appointed under section 222.
            ``(2) Components.--The components of the Department 
        referred to in this subparagraph are as follows:
                    ``(A) The Transportation Security Administration.
                    ``(B) The Bureau of Citizenship and Immigration 
                Services.
                    ``(C) Customs and Border Protection.
                    ``(D) Immigration and Customs Enforcement.
                    ``(E) The Federal Emergency Management Agency.
                    ``(F) The Coast Guard.
                    ``(G) The Directorate of Science and Technology.
                    ``(H) The Office of Intelligence and Analysis.
                    ``(I) The Directorate for National Protection and 
                Programs.
    ``(b) Responsibilities.--Each privacy official designated under 
subsection (a) shall report directly to both the head of the official's 
component and the senior official appointed under section 222, and 
shall have the following responsibilities with respect to the 
component:
            ``(1) Serve as such senior official's main point of contact 
        at the component to implement the polices and directives of 
        such senior official in carrying out section 222.
            ``(2) Advise the head of that component on privacy 
        considerations when any law, regulation, program, policy, 
        procedure, or guideline is proposed, developed, or implemented.
            ``(3) Assure that the use of technologies by the component 
        sustain or enhance privacy protections relating to the use, 
        collection, and disclosure of personal information within the 
        component.
            ``(4) Identify privacy issues related to component programs 
        and apply appropriate privacy policies in accordance with 
        Federal privacy law and Departmental policies developed to 
        ensure that the component protects the privacy of individuals 
        affected by its activities.
            ``(5) Monitor the component's compliance with all 
        applicable Federal privacy laws and regulations, implement 
        corrective, remedial, and preventive actions and notify the 
        senior official appointed under section 222 of privacy issues 
        or non-compliance, whenever necessary.
            ``(6) Ensure that personal information contained in Privacy 
        Act systems of records is handled in full compliance with 
        section 552a of title 5, United States Code.
            ``(7) Assist in drafting and reviewing privacy impact 
        assessments, privacy threshold assessments, and system of 
        records notices, in conjunction with and under the direction of 
        the senior official appointed under section 222, for any new or 
        substantially changed program or technology that collects, 
        maintains, or disseminates personally identifiable information 
        within the official's component.
            ``(8) Assist in drafting and reviewing privacy impact 
        assessments, privacy threshold assessments, and system of 
        records notices in conjunction with and under the direction of 
        the senior official appointed under section 222, for proposed 
        rulemakings and regulations within the component.
            ``(9) Conduct supervision of programs, regulations, 
        policies, procedures, or guidelines to ensure the component's 
        protection of privacy and, as necessary, promulgate guidelines 
        and conduct oversight to ensure the protection of privacy.
            ``(10) Implement and monitor privacy training for component 
        employees and contractors in coordination with the senior 
        official appointed under section 222.
            ``(11) Provide the senior official appointed under section 
        222 with written materials and information regarding the 
        relevant activities of the component, including privacy 
        violations and abuse, that are needed by the senior official to 
        successfully prepare the reports the senior official submits to 
        Congress and prepares on behalf of the Department.
            ``(12) Any other responsibilities assigned by the Secretary 
        or the senior official appointed under section 222.
    ``(c) Role of Component Heads.--The head of a component identified 
in subsection (a)(2) shall ensure that the privacy official designated 
under subsection (a) for that component--
            ``(1) has the information, material, and resources 
        necessary to fulfill the responsibilities of such official 
        under this section;
            ``(2) is advised of proposed policy changes and the 
        development of new programs, rules, regulations, procedures, or 
        guidelines during the planning stage and is included in the 
        decisionmaking process; and
            ``(3) is given access to material and personnel the privacy 
        official deems necessary to carry out the official's 
        responsibilities.
    ``(d) Limitation.--Nothing in this section shall be considered to 
abrogate the role and responsibilities of the senior official appointed 
under section 222.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by inserting after the item related 
        to section 222 the following new item:

``Sec. 222A. Privacy officials.''.

SEC. 1108. HOMELAND SECURE DATA NETWORK.

    Of the funds authorized in section 201, $3,500,000 is authorized 
for the purchase and deployment of the Homeland Secure Data Network 
computer systems to agencies within the Department.

SEC. 1109. CONGRESSIONAL ACCESS TO INFORMATION.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after section 4 the following new 
section:

``SEC. 5. CONGRESSIONAL ACCESS TO INFORMATION, DOCUMENTS, ETC.

    ``Unless specifically authorized by law, the Constitution of the 
United States, or the rules governing the conduct of the House of 
Representatives and the Senate, the Department may not withhold any 
information, document, report, or other media from an appropriate 
congressional committee, and may not impose any training requirements 
on the receipt of such information, document, report, or other 
media.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 4 
the following new item:

``Sec. 5. Congressional access to information, documents, etc.''.

                  TITLE XII--MISCELLANEOUS PROVISIONS

SEC. 1201. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR 
              SUSPICIOUS BEHAVIOR AND RESPONSE.

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

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

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

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

SEC. 1202. HOMELAND SECURITY BIODEFENSE STRATEGY.

    (a) Findings.--The Congress finds the following:
            (1) A major biological weapons attack on an unprotected 
        population in the United States could cause significant 
        morbidity and mortality, and could overwhelm the Nation's 
        public health capabilities and fiscal resources.
            (2) Although comprehensive interagency Federal biodefense 
        assessments and strategy formulations are necessary, such 
        actions should also be taken at the departmental level, 
        including at the Department of Homeland Security.
            (3) Routine assessment of activities and capabilities of 
        the Department of Homeland Security would guide investment 
        prioritization for biodefense-related research, development, 
        planning, and preparedness at the agency level, and serve as a 
        critical component of a needed comprehensive Federal strategy 
        to prevent and respond to bioterror attacks.
            (4) An annual review that evaluates the progress of the 
        Department of Homeland Security in implementing a biodefense 
        strategy, identifies continuing gaps or vulnerabilities in its 
        biodefense capabilities, and makes recommendations for refining 
        biodefense investments would allow for continued improvement of 
        the strategy and an overall ability to ensure robustness in the 
        homeland biodefense posture.
    (b) Biodefense Review and Strategy.--
            (1) In general.--The Homeland Security Act of 2002 (6 
        U.S.C. 101 et seq.) is amended by adding at the end the 
        following new title:

                        ``TITLE XXI--BIODEFENSE

``SEC. 2201. BIODEFENSE STRATEGY.

    ``(a) In General.--The Secretary shall issue every three years a 
biodefense strategy that establishes detailed strategic biodefense 
objectives for the Department's mission areas.
    ``(b) Components.--The strategy shall--
            ``(1) delineate those areas of biodefense for which the 
        Department is explicitly responsible;
            ``(2) include an inventory of the Department's biodefense 
        capabilities and assets;
            ``(3) be sufficiently detailed to guide prioritization of 
        Department investments in and strategic approach to biodefense-
        related research, development, planning, and preparedness; and
            ``(4) include an implementation plan to enable the 
        Department to carry out the strategic objectives contained in 
        the strategy.
    ``(c) Annual Review.--
            ``(1) In general.--The Secretary shall annually review the 
        most recent biodefense strategy under this section to determine 
        any necessary major adjustments to the strategy.
            ``(2) Consideration of biodefense policy.--Each review 
        shall--
                    ``(A) identify continuing gaps or vulnerabilities 
                in the Department's biodefense posture;
                    ``(B) make recommendations for refining the 
                Department's biodefense investments; and
                    ``(C) include a detailed analysis of how well the 
                implementation plan included in the most recent 
                biodefense strategy is allowing the Department to meet 
                the objectives of the biodefense strategy, with special 
                emphasis on unmet objectives and proposed mechanisms to 
                eliminate shortfalls in meeting those objectives, 
                through budgetary, management, or other refinements.

``SEC. 2202. SUBMISSIONS TO CONGRESS.

    ``The Secretary shall submit each biodefense strategy and annual 
biodefense strategy review under this title to the appropriate 
congressional committees.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end the following 
        new items:

                        ``TITLE XXI--BIODEFENSE

``Sec. 2201. Biodefense strategy.
``Sec. 2202. Submissions to Congress.''.
    (c) Deadline for First Strategy.--The Secretary of Homeland 
Security shall complete the first biodefense strategy under section 
2201 of the Homeland Security Act of 2002, as amended by this section, 
by not later than 1 year after the date of enactment of this Act.

SEC. 1203. CIVIL LIABILITY FOR DISCLOSURE OF PROTECTED SECURITY 
              INFORMATION.

    (a) In General.--Title VIII of the Homeland Security Act of 2002 is 
amended--
            (1) by repealing sections 893 through 899; and
            (2) by inserting after section 892 the following new 
        section:

``SEC. 893. CIVIL LIABILITY FOR DISCLOSURE OF PROTECTED SECURITY 
              INFORMATION.

    ``(a) In General.--Any person who willfully discloses, in whole or 
in part, protected security information without authorization from the 
Department may be held liable to the United States for--
            ``(1) the actual damages and profits that result from the 
        disclosure; or
            ``(2) in the alternative of actual damages and profits, an 
        award of statutory damages for all disclosures of the protected 
        security information, in a sum of not less than $750 per 
        disclosure and not more than $150,000.
    ``(b) Partial Disclosures.--For the purposes of this section, each 
disclosure of protected security information taken from a larger work 
shall constitute a separate disclosure.
    ``(c) Dissemination Using the Internet.--For the purposes of this 
subsection, each download of protected security information shall 
constitute a separate disclosure.
    ``(d) Limitations on Liability Relating to Material Online.--
            ``(1) Establishment of a safe harbor.--Not later than 180 
        days after the date of enactment of this section, and prior to 
        the commencement of any action to impose liability under this 
        section, the Secretary shall establish safe harbor protections 
        that exempt an Internet service provider from a penalty under 
        this section for any disclosure of information made through a 
        system or network controlled or operated by or for an Internet 
        service provider, or through the intermediate and transient 
        storage of the information via the Internet, if--
                    ``(A) the transmission or storage of the 
                information was initiated by a person other than the 
                Internet service provider;
                    ``(B) the Internet service provider does not have 
                actual knowledge of the sensitivity of the information;
                    ``(C) the transmission, routing, provision of 
                connections, or storage is carried out through an 
                automatic technical process without selection of the 
                information by the Internet service provider;
                    ``(D) the Internet service provider does not select 
                the recipients of the information except as an 
                automatic response to the request of another person;
                    ``(E) no copy of the information made by the 
                Internet service provider in the course of such 
                intermediate or transient storage is maintained on the 
                system or network in a manner ordinarily accessible to 
                anyone other than anticipated recipients, and no such 
                copy is maintained on the system or network in a manner 
                ordinarily accessible to such anticipated recipients 
                for a longer period than is reasonably necessary for 
                the transmission, routing, or provision of connections;
                    ``(F) the information is transmitted through the 
                system or network without modification of its content; 
                and
                    ``(G) upon notice from the Department, the Internet 
                service provider responds expeditiously to remove or 
                disable access to the information.
            ``(2) Requirement of notice provisions.--In the safe harbor 
        protections under this subsection, the Secretary shall include 
        guidance regarding how any person seeking to avoid liability 
        through the safe harbor protections will receive notification 
        of having posted protected security information.
    ``(e) No Public Interest Defense.--It is not a defense against 
liability under this section that an unauthorized disclosure of 
protected security information was for the purpose of public criticism, 
comment, news reporting, teaching, scholarship, or research.
    ``(f) Rule of Construction.--Nothing in this section preempts, 
abrogates, diminishes, or weakens any Federal or State law addressing 
the protection of protected security information or other sensitive 
information against unauthorized disclosures.
    ``(g) Definitions.--In this section:
            ``(1) Protected security information.--The term `protected 
        security information'--
                    ``(A) means information or material designated by 
                the Department of Homeland Security and clearly marked 
                or clearly represented, pursuant to the provisions of a 
                statute or Executive order (or a regulation or order 
                issued pursuant to a statute or Executive order), as 
                requiring a specific degree of protection against 
                unauthorized disclosure for reasons of national or 
                homeland security; and
                    ``(B) includes information protected from 
                disclosure under--
                            ``(i) section 550 of the Homeland Security 
                        Appropriations Act, 2007 (Public Law 109-295; 6 
                        U.S.C. 121 note);
                            ``(ii) section 214 of this Act; or
                            ``(iii) section 114(r) of title 49, United 
                        States Code.
            ``(2) Disclose and disclosure.--The terms `disclose' and 
        `disclosure' mean any dissemination, republication, 
        reproduction, copying, replication, transmission, storage, 
        downloading, routing, or conveyance in any manner that makes 
        information available to another person.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by striking the items relating to sections 893 
through 899 and inserting the following new item:

``Sec. 893. 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.

    Section 1202(a) of the 2002 Supplemental Appropriations Act for 
Further Recovery From and Response To Terrorist Attacks on the United 
States (42 U.S.C. 3771 note) is amended in the first sentence by 
striking ``December 31, 2012'' and inserting ``December 31, 2013''.

SEC. 1205. RURAL POLICING INSTITUTE; RURAL AREA DEFINED.

    For purposes of section 210C of the Homeland Security Act of 2002 
(6 U.S.C. 124j), a rural area shall also include any area that is 
located in a metropolitan statistical area and a county, borough, 
parish, or area under the jurisdiction of an Indian tribe with a 
population of not more than 50,000.

SEC. 1206. CHIEF VETERINARY OFFICER.

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

``SEC. 317. CHIEF VETERINARY OFFICER.

    ``(a) In General.--There is in the Department a Chief Veterinary 
Officer, who shall be appointed by the Secretary. The Chief Veterinary 
Officer shall report directly to the Chief Medical Officer, unless an 
individual other than the Assistant Secretary for Health Affairs is 
serving as the Chief Medical Officer, in which case the Chief 
Veterinary Officer shall report directly to the Assistant Secretary for 
Health Affairs.
    ``(b) Qualifications.--The individual appointed as Chief Veterinary 
Officer shall be a veterinarian who possesses a demonstrated ability in 
and knowledge of veterinary public health and emergency preparedness, 
and other professional experience as determined by the Secretary, such 
as in agriculture, food defense, and disaster medicine.
    ``(c) Responsibilities.--The Chief Veterinary Officer shall be the 
head of the division of the Department with primary responsibility for 
veterinary issues, food defense, and agriculture security, and shall 
have primary responsibility within the Department for responsibilities 
relating to veterinary medicine and veterinary public health, including 
each of the following:
            ``(1) Serving as the principal authority in the Department 
        responsible for advising the Secretary, in coordination with 
        the Assistant Secretary for Health Affairs, on veterinary 
        public health, food defense, and agricultural security issues.
            ``(2) Providing guidance for the health and welfare of the 
        Department's working animals, including those used to enhance 
        transportation, border, and maritime security, and for other 
        purposes.
            ``(3) Leading the Department's policy initiatives relating 
        to food, animal, and agricultural incidents, and the impact of 
        such incidents on animal and public health.
            ``(4) Leading the Department's policy initiatives relating 
        to overall domestic preparedness for and collective response to 
        agricultural terrorism.
            ``(5) Serving as the principal point of contact in the 
        Office of Health Affairs for all veterinary preparedness and 
        response research and development.
            ``(6) Serving as the principal point of contact in the 
        Office of Health Affairs for sharing homeland security 
        veterinary medical information with Department officials, 
        including all components with veterinary, food, or agricultural 
        interests.
            ``(7) Serving as the principal point of contact within the 
        Department with respect to veterinary homeland security issues 
        for the Department of Agriculture, the Department of Defense, 
        the Department of Health and Human Services, and other Federal 
        departments and agencies.
            ``(8) Serving as the principal point of contact within the 
        Department with respect to veterinary homeland security issues 
        for State, local, and tribal governments, the veterinary 
        community, and other entities within and outside the 
        Department.
            ``(9) Performing such other duties relating to such 
        responsibilities as the Secretary may require.
    ``(d) Advance Notice of Reorganization Required.--Not later than 
180 days before carrying out any reorganization within the Department 
that would affect any responsibility of the Chief Veterinary Officer, 
the Secretary shall submit to the appropriate congressional committees 
a report on the proposed reorganization.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to title 
III the following new item:

``Sec. 317. Chief Veterinary Officer.''.
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