IB 

Union Calendar No. 520 

112TH CONGRESS 

2D SESSION H. R. 3116 

[Report No. 112–717, Part I] 

To authorize certain programs of the Department of Homeland Security, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 6, 2011 

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

Mr. ROGERS of Alabama, Mr. MCCAUL, Mrs. MILLER of Michigan, Mr. 

BILIRAKIS, Mr. MEEHAN, Mr. LONG, Mr. MARINO, Mr. QUAYLE, Mr. 

RIGELL, Mr. WALBERG, and Mr. TURNER of New York) introduced the 

following bill; which was referred to the Committee on Homeland Security 

DECEMBER 20, 2012 

Reported with an amendment and referred to the Committees on Energy and 

Commerce, Science, Space, and Technology, and Transportation and Infrastructure, for a period ending not later than December 21, 2012, for 

consideration of such provisions of the bill and amendment as fall within 

the jurisdiction of those committees pursuant to clauses 1(f), 1(p) and 

1(r) of Rule X, respectively 

[Strike out all after the enacting clause and insert the part printed in italic] 


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DECEMBER 21, 2012 

The Committees on Energy and Commerce, Science, Space, and Technology, 

and Transportation and Infrastructure discharged; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 

[For text of introduced bill, see copy of bill as introduced on October 6, 2011] 

A BILL 

To authorize certain programs of the Department of 

Homeland Security, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Home5 land Security Authorization Act for Fiscal Year 2012’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

Sec. 4. Amendment references. 

TITLE I—POLICY, MANAGEMENT, AND EFFICIENCY 

Sec. 101. Under Secretary for Policy. 

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

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

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

Sec. 105. Assistant Secretary for Health Affairs. 

Sec. 106. Department of Homeland Security reorganization authority. 

Sec. 107. Repeal of Office of Domestic Preparedness. 

Sec. 108. Quadrennial homeland security review. 

Sec. 109. Development of explosives detection canine standards. 

Sec. 110. Development of a balanced workforce. 

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

Security. 

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

Sec. 113. Future-years homeland security program. 

Sec. 114. Cost of submissions to Congress. 

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

Sec. 116. Office of Policy. 

Sec. 117. Federal vacancy compliance. 

Sec. 118. Electronic submissions. 

Sec. 119. Chief information officer. 

Sec. 120. Cost savings and efficiency reviews. 

TITLE II—DEPARTMENT OF HOMELAND SECURITY ACQUISITION 

POLICY 

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

Sec. 202. Capabilities and Requirements Council. 

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

Sec. 204. Acquisition Professional Career Program. 

Sec. 205. Strategic plan for acquisition workforce. 

Sec. 206. Notification to Congress of major awards. 

Sec. 207. Independent verification and validation. 

Sec. 208. Other transaction authority. 


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Sec. 209. Report on competition. 

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

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

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

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

Sec. 214. Software licensing. 

Sec. 215. Financial management. 

TITLE III—INFORMATION SHARING AND INTELLIGENCE ANALYSIS 

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

Initiative. 

Sec. 302. Homeland security information sharing networks development. 

Sec. 303. Authority for flexible personnel management at the Department of 

Homeland Security Intelligence elements. 

Sec. 304. Support and oversight of fusion centers. 

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

liberties impact assessments. 

TITLE IV—9/11 REVIEW COMMISSION 

Sec. 401. Short title. 

Sec. 402. Establishment. 

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

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

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

Sec. 406. Compensation. 

Sec. 407. Appointment of staff. 

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

Sec. 409. Nonapplicability of Federal Advisory Committee Act. 

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

Sec. 411. Funding. 

TITLE V—PREPAREDNESS AND RESPONSE 

Subtitle A—WMD Preparedness and Response 

Sec. 501. Homeland Security Biodefense Strategy. 

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

Sec. 503. Risk assessments. 

Sec. 504. Individual and community preparedness. 

Sec. 505. Detection of biological threats. 

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

Sec. 507. Communications planning. 

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

Sec. 509. Plume modeling. 

Sec. 510. Disaster recovery. 

Subtitle B—Grants 

Sec. 521. Sense of Congress. 

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

Sec. 523. Notification of homeland security grant awards. 

Sec. 524. Transparency in homeland security grant funding. 


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Sec. 525. Metropolitan Medical Response System. 

Sec. 526. Transit security grant program. 

Sec. 527. Prioritization. 

Sec. 528. Transportation security grant program study. 

Sec. 529. Interagency grants working group. 

Subtitle C—Communications 

Sec. 541. Sense of Congress regarding interoperability. 

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

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

Subtitle D—Broadband for First Responders 

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

Sec. 562. Standards. 

Sec. 563. Rule of construction. 

Sec. 564. Funding. 

Sec. 565. Public safety interoperable broadband network construction. 

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

Sec. 567. Audits. 

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

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

Sec. 570. Definitions. 

Subtitle E—Miscellaneous Provisions 

Sec. 581. Audit of the National Level Exercise. 

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

Sec. 583. Rural resilience initiative. 

Sec. 584. National Domestic Preparedness Consortium. 

Sec. 585. Technical correction. 

Sec. 586. Certification that disaster fund recipients subject to recoupment receive 

a notice of debt and opportunity to appeal before debt is forwarded to Department of the Treasury. 

Sec. 587. Conforming amendment. 

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

Sec. 589. Lessons learned for national level exercises. 

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

Sec. 591. National Transportation Security Center of Excellence. 

Sec. 592. Mental health counseling for disaster victims. 

Sec. 593. Effectiveness of certain disaster preparation. 

TITLE VI—BORDER SECURITY PROVISIONS 

Sec. 601. Definitions. 

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

Sec. 603. Maintaining Border Patrol staffing. 

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

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

Sec. 606. Prohibition on impeding certain activities of U.S. Customs and Border 

Protection related to border security. 

Sec. 607. Border security infrastructure and technology. 

Sec. 608. Northern border canine teams. 


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Sec. 609. Unmanned vehicles pilot program. 

Sec. 610. Report on unmanned aerial vehicles. 

Sec. 611. Student visa security improvement. 

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

Sec. 613. Border crossing documentation. 

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

busiest international airports. 

Sec. 615. Port security grant program. 

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

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

Sec. 618. Small vessel threat analysis. 

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

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

Sec. 621. Report on status of unobligated balances in U.S. Customs and Border 

Protection Customs User Fee Account. 

Sec. 622. Outbound inspections. 

Sec. 623. Deporting criminal aliens. 

Sec. 624. Establishment of Immigration and Customs Enforcement. 

Sec. 625. Report on drug cartels. 

Sec. 626. Increase in unmanned aerial vehicles. 

Sec. 627. Border Area Security Initiative. 

Sec. 628. Foreign terrorist organizations. 

Sec. 629. Border Condition Index. 

Sec. 630. Sense of Congress. 

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

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

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

Sec. 634. Coast Guard deployable special forces assets. 

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

Sec. 636. Coordination with the Transportation Security Administration on 

Risk-Based Screening of Aviation Passengers. 

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

TITLE VII—SCIENCE AND TECHNOLOGY 

Subtitle A—Directorate of Science and Technology 

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

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

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

Sec. 704. Research and development progress. 

Sec. 705. Acquisition and operations support. 

Sec. 706. Operational Test and Evaluation. 

Sec. 707. Availability of testing facilities and equipment. 

Sec. 708. Bioforensics capabilities. 

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

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

Sec. 711. Federally funded research and development centers. 

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

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

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

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


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Subtitle B—Domestic Nuclear Detection Office 

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

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

Sec. 723. Radiation portal monitor alternatives. 

Sec. 724. Contracting and grantmaking authorities. 

Sec. 725. Domestic nuclear detection implementation plan. 

Sec. 726. Science and technology fellows program outreach. 

Sec. 727. Buy American requirement for information technology. 

Sec. 728. University-based centers. 

Sec. 729. Review of university-based centers. 

TITLE VIII—IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST 

ACTIVITY OR SUSPICIOUS BEHAVIOR AND RESPONSE 

Sec. 801. Short title. 

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

TITLE IX—MISCELLANEOUS 

Sec. 901. Redesignation and movement of miscellaneous provisions. 

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

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

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

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

Sec. 906. TWIC process reform. 

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

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

Sec. 909. Sense of Congress on inclusion of the Western Hemisphere in the 2012 

National Strategy for Counterterrorism’s ‘‘Area of Focus’’. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional commit5 tees’’ means the Committee on Homeland Security of 

6 the House of Representatives and the Committee on 

7 Homeland Security and Governmental Affairs of the 

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1 tives or the Senate, respectively, over the matter con2 cerned. 

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

4 means the Department of Homeland Security. 

5 (3) FUNCTION.—The term ‘‘function’’ includes 

6 authorities, powers, rights, privileges, immunities, 

7 programs, projects, activities, duties, and responsibil8 ities. 

9 (4) LOCAL GOVERNMENT.—The term ‘‘local gov10 ernment’’ means— 

11 (A) a county, municipality, city, town, 

12 township, local public authority, school district, 

13 special district, intrastate district, council of 

14 governments (regardless of whether the council of 

15 governments is incorporated as a nonprofit cor16 poration under State law), regional or interstate 

17 government entity, or agency or instrumentality 

18 of a local government; 

19 (B) an Indian tribe or authorized tribal or20 ganization, or in Alaska a Native village or 

21 Alaska Regional Native Corporation; and 

22 (C) a rural community, unincorporated 

23 town or village, or other public entity. 

24 (5) PERSONNEL.—The term ‘‘personnel’’ means 

25 officers and employees. 


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1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Homeland Security. 

3 (7) STATE.—The term ‘‘State’’ means any State 

4 of the United States, the District of Columbia, the 

5 Commonwealth of Puerto Rico, the United States Vir6 gin Islands, Guam, American Samoa, the Common7 wealth of the Northern Mariana Islands, and any 

8 possession of the United States. 

9 (8) TERRORISM.—The term ‘‘terrorism’’ means 

10 any activity that— 

11 (A) involves an act that— 

12 (i) is dangerous to human life or po13 tentially destructive of critical infrastruc14 ture or key resources; and 

15 (ii) is a violation of the criminal laws 

16 of the United States or of any State or other 

17 subdivision of the United States; and 

18 (B) appears to be intended— 

19 (i) to intimidate or coerce a civilian 

20 population; 

21 (ii) to influence the policy of a govern22 ment by intimidation or coercion; or 

23 (iii) to affect the conduct of a govern24 ment by mass destruction, assassination, or 

25 kidnapping. 


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1 (9) UNITED STATES.— 

2 (A) IN GENERAL.—The term ‘‘United 

3 States’’, when used in a geographic sense, means 

4 any State of the United States, the District of 

5 Columbia, the Commonwealth of Puerto Rico, the 

6 Virgin Islands, Guam, American Samoa, the 

7 Commonwealth of the Northern Mariana Islands, 

8 any possession of the United States, and any 

9 waters within the jurisdiction of the United 

10 States. 

11 (B) INA NOT AFFECTED.—Nothing in this 

12 paragraph or any other provision of this Act 

13 shall be construed to modify the definition of 

14 ‘‘United States’’ for the purposes of the Immigra15 tion and Nationality Act or any other immigra16 tion or nationality law. 

17 SEC. 4. AMENDMENT REFERENCES. 

18 Except as otherwise specifically provided, whenever in 

19 this Act an amendment or repeal is expressed in terms of 

20 an amendment to, or repeal of, a provision, the reference 

21 shall be considered to be made to a provision of the Home22 land Security Act of 2002 (6 U.S.C. 101 et seq.). 


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1 TITLE I—POLICY, MANAGEMENT, 

2 AND EFFICIENCY 

3 SEC. 101. UNDER SECRETARY FOR POLICY. 

4 (a) IN GENERAL.—The Homeland Security Act of 

5 2002 (6 U.S.C. 101 et seq.) is amended by— 

6 (1) redesignating section 601 (6 U.S.C. 331) as 

7 section 890A and transferring that section to appear 

8 immediately after section 890; and 

9 (2) striking the heading for title VI and insert10 ing the following: 

11 ‘‘TITLE VI—POLICY, PLANNING, 

12 AND OPERATIONS COORDINA13 TION 

14 ‘‘SEC. 601. UNDER SECRETARY FOR POLICY. 

15 ‘‘(a) IN GENERAL.—There shall be in the Department 

16 an Under Secretary for Policy, who shall be appointed by 

17 the President, by and with the advice and consent of the 

18 Senate. 

19 ‘‘(b) RESPONSIBILITIES.—Subject to the direction and 

20 control of the Secretary, the Under Secretary for Policy 

21 shall— 

22 ‘‘(1) serve as a principal policy advisor to the 

23 Secretary; 

24 ‘‘(2) supervise policy development for the pro25 grams, offices, and activities of the Department; 


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1 ‘‘(3) establish and direct a formal policymaking 

2 process for the Department; 

3 ‘‘(4) ensure that the budget of the Department 

4 can fulfill the Department’s statutory and regulatory 

5 responsibilities and implement strategic plans and 

6 policies established by the Secretary in a risk-based 

7 manner; 

8 ‘‘(5) conduct long-range, risk-based, strategic 

9 planning for the Department, including overseeing 

10 each quadrennial homeland security review required 

11 under section 707; 

12 ‘‘(6) coordinate policy development undertaken 

13 by the component agencies and offices of the Depart14 ment; and 

15 ‘‘(7) carry out such other functions as the Sec16 retary determines are appropriate, consistent with 

17 this section.’’. 

18 (b) CLERICAL AMENDMENTS.—The table of contents in 

19 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

20 101 et seq.) is amended by striking the items relating to 

21 title VI and inserting the following: 

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

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


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1 SEC. 102. COUNTERING HOMEGROWN RADICALIZATION AND 

2 VIOLENT ISLAMIST EXTREMISM. 

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

4 date of enactment of this Act, the Secretary shall designate 

5 an official of the Department to coordinate efforts to counter 

6 homegrown violent Islamist extremism, including the vio7 lent ideology of Al Qaeda and its affiliated groups, in the 

8 United States. 

9 (b) NOTICE.—Not later than 15 days after the date on 

10 which the Secretary designates an official under subsection 

11 (a), the Secretary shall submit to the appropriate congres12 sional committees a written notification of the designation. 

13 (c) REPORT.—Not later than 90 days after the date 

14 on which the Secretary designates an official under sub15 section (a), the official designated shall submit to the appro16 priate congressional committees a report detailing— 

17 (1) the strategy and activities of the Department 

18 to counter homegrown violent Islamist extremism; 

19 (2) the division of responsibilities within the De20 partment for countering homegrown violent Islamist 

21 extremism, including the violent ideology of Al Qaeda 

22 and its affiliated groups; 

23 (3) the strategy of the Department to monitor 

24 open source messaging that incite violence, including 

25 Internet websites that disseminate videos, graphics, 


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1 text calling for violent activities, and to provide 

2 counter-messaging to that messaging; 

3 (4) the number of employees of the Department 

4 and the amount of funding dedicated by the Depart5 ment to countering homegrown violent Islamist extre6 mism, including the violent ideology of Al Qaeda and 

7 its affiliated groups; 

8 (5) the type of Department-sponsored activities 

9 and training for States and local governments, in10 cluding products and activities associated with State 

11 and major urban area fusion centers, for countering 

12 homegrown violent Islamist extremism; and 

13 (6) the metrics used to measure the effectiveness 

14 of programs or activities of the Department aimed to 

15 counter homegrown violent Islamist extremism, in16 cluding the violent ideology of Al Qaeda and its affili17 ated groups. 

18 SEC. 103. DIRECT LINE AUTHORITY FOR CHIEF OPERATING 

19 OFFICERS. 

20 (a) IN GENERAL.—Title VI of the Homeland Security 

21 Act of 2002 (6 U.S.C. 201 et seq.) is further amended by 

22 adding at the end the following: 


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

2 OFFICERS. 

3 ‘‘(a) IN GENERAL.—The Department’s Chief Oper4 ating Officers shall include— 

5 ‘‘(1) the Chief Financial Officer; 

6 ‘‘(2) the Chief Procurement Officer; 

7 ‘‘(3) the Chief Information Officer; 

8 ‘‘(4) the Chief Human Capital Officer; 

9 ‘‘(5) the Chief Administrative Officer; and 

10 ‘‘(6) the Chief Security Officer. 

11 ‘‘(b) DELEGATION.—Subject to the direction and con12 trol of the Secretary, the Chief Operating Officers shall have 

13 direct authority over their respective counterparts in the 

14 components of the Department to ensure that the compo15 nents comply with the laws, rules, regulations, and depart16 mental policies the Chief Operating Officers are responsible 

17 for implementing. In coordination with the head of the rel18 evant component, such authorities shall include, with re19 spect to the Officer’s counterparts within components of the 

20 Department, direction of— 

21 ‘‘(1) the activities of personnel; 

22 ‘‘(2) planning, operations, and training; and 

23 ‘‘(3) the budget and other financial resources. 

24 ‘‘(c) COORDINATION WITH HEADS OF AGENCIES.—The 

25 chief operating officers of components of the Department 

26 shall coordinate with the heads of their respective agencies 


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1 while fulfilling their responsibilities under subsection (b) to 

2 report directly to the Chief Operating Officers.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents in 

4 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

5 101 et seq.) is further amended by inserting after the item 

6 relating to section 601, as added by section 101 of this Act, 

7 the following: 

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

8 SEC. 104. DEPARTMENT OF HOMELAND SECURITY INTER9 NATIONAL AFFAIRS OFFICE. 

10 Section 879 of the Homeland Security Act of 2002 (6 

11 U.S.C. 459) is amended to read as follows: 

12 ‘‘SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS. 

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

14 the Department an Office of International Affairs. The Of15 fice shall be headed by the Assistant Secretary for Inter16 national Affairs, who shall be appointed by the President, 

17 by and with the advice and consent of the Senate. 

18 ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT SEC19 RETARY.—The Assistant Secretary for International Affairs 

20 shall— 

21 ‘‘(1) coordinate international functions within 

22 the Department, including functions carried out by 

23 the components of the Department, in consultation 

24 with other Federal officials with responsibility for 

25 counterterrorism and homeland security matters; 


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1 ‘‘(2) advise, inform, and assist the Secretary, in 

2 consultation with overseas Department personnel, on 

3 strategies, foreign policy matters, and Department 

4 international programs; 

5 ‘‘(3) develop, in consultation with the Under Sec6 retary for Management, for selecting, assigning, 

7 training, and monitoring overseas deployments of De8 partment personnel, including minimum standards 

9 for predeployment training; 

10 ‘‘(4) develop and update, in coordination with 

11 all components of the Department engaged in inter12 national activities, a strategic plan for the inter13 national activities of the Department and establish a 

14 process for managing its implementation and monitor 

15 the ability of Department’s components to comply 

16 with implementation; 

17 ‘‘(5) develop and distribute guidance on Depart18 ment policy priorities for overseas functions to per19 sonnel deployed overseas that, at a minimum, sets 

20 forth the regional and national priorities being ad21 vanced by their deployment; 

22 ‘‘(6) maintain awareness regarding the inter23 national travel of senior officers of the Department, as 

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1 eign government officials and reviewing resulting 

2 draft agreements; 

3 ‘‘(7) develop, in consultation with the compo4 nents and, where appropriate, with the Science and 

5 Technology Directorate, programs to support the over6 seas programs conducted by the Department, includ7 ing training, technical assistance, and equipment to 

8 ensure that Department personnel deployed abroad 

9 have proper resources and receive adequate and time10 ly support; 

11 ‘‘(8) conduct exchange of homeland security in12 formation and best practices relating to homeland se13 curity with foreign nations that, in the determination 

14 of the Secretary, reciprocate the sharing of such infor15 mation in a substantially similar manner; 

16 ‘‘(9) ensure that internationally deployed De17 partment personnel have access to, as appropriate for 

18 the requirements of their duties, Department systems 

19 with the capability of sending and receiving cables or 

20 other messages; and 

21 ‘‘(10) submit information to the Under Secretary 

22 of Policy for oversight and purposes, including prepa23 ration of the quadrennial homeland security review, 

24 on the status of overseas activities, including training 

25 and technical assistance and information exchange 


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1 activities, and the Department’s resources dedicated 

2 to these activities. 

3 ‘‘(c) RESPONSIBILITIES OF THE COMPONENTS OF THE

4 DEPARTMENT.— 

5 ‘‘(1) NOTICE OF FOREIGN NEGOTIATIONS.—All 

6 components of the Department shall coordinate with 

7 the Office of International Affairs of the intent of the 

8 component to pursue negotiations with foreign gov9 ernments to ensure consistency with the Department’s 

10 policy priorities. 

11 ‘‘(2) NOTICE OF INTERNATIONAL TRAVEL BY SEN12 IOR OFFICERS.—All components of the Departments 

13 shall notify the Office of International Affairs about 

14 the international travel of senior officers of the De15 partment. 

16 ‘‘(d) INVENTORY OF ASSETS DEPLOYED ABROAD.— 

17 The Office of International Affairs shall provide to the ap18 propriate congressional committees, with the annual budget 

19 request for the Department, an annual accounting of all 

20 assets of the Department, including personnel, deployed out21 side the United States on behalf of the Department. 

22 ‘‘(e) EXCLUSIONS.—This section does not apply to 

23 international activities related to the protective mission of 

24 the United States Secret Service, or to the Coast Guard 


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1 when operating under the direct authority of the Secretary 

2 of Defense or the Secretary of the Navy.’’. 

3 SEC. 105. ASSISTANT SECRETARY FOR HEALTH AFFAIRS. 

4 Section 516 of the Homeland Security Act of 2002 (6 

5 U.S.C. 321e) is amended— 

6 (1) in subsection (a), by striking the period at 

7 the end and inserting ‘‘, and who shall also have the 

8 title of Assistant Secretary for Health Affairs.’’; and 

9 (2) in subsection (c)— 

10 (A) in paragraph (6), by striking ‘‘and’’ 

11 after the semicolon at the end; 

12 (B) by redesignating paragraph (7) as 

13 paragraph (10); and 

14 (C) by inserting after paragraph (6) the fol15 lowing: 

16 ‘‘(7) ensuring that the workforce of the Depart17 ment has science-based policy, standards, require18 ments, and metrics for occupational safety and 

19 health; 

20 ‘‘(8) providing medical expertise for the compo21 nents of the Department with respect to prevention, 

22 preparedness, protection, response, and recovery for 

23 medical and public health matters; 

24 ‘‘(9) working in conjunction with appropriate 

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1 eral agencies to develop guidance for prevention, pre2 paredness, protection, response, and recovery from 

3 catastrophic events with human, animal, and agricul4 tural health consequences; and’’. 

5 SEC. 106. DEPARTMENT OF HOMELAND SECURITY REORGA6 NIZATION AUTHORITY. 

7 Section 872 of the Homeland Security Act of 2002 (6 

8 U.S.C. 452) is amended— 

9 (1) in subsection (a), by striking ‘‘only’’ and all 

10 that follows through ‘‘(2) after’’ and inserting ‘‘only 

11 after’’; and 

12 (2) by striking subsection (b) and inserting the 

13 following: 

14 ‘‘(b) LIMITATIONS ON OTHER REORGANIZATION AU15 THORITY.— 

16 ‘‘(1) IN GENERAL.—Authority under subsection 

17 (a) shall not extend to the discontinuance, abolition, 

18 substantial consolidation, alteration, or transfer of 

19 any agency, entity, organizational unit, program, or 

20 function established or required to be maintained by 

21 statute. 

22 ‘‘(2) EXCEPTION.— 

23 ‘‘(A) IN GENERAL.—Notwithstanding para24 graph (1), if the President determines it to be 

25 necessary because of an imminent threat to 


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1 homeland security, a function, power, or duty 

2 vested by law in the Department, or an officer, 

3 official, or agency thereof, may be transferred, 

4 reassigned, or consolidated within the Depart5 ment. 

6 ‘‘(B) NOTICE.—Not later than 30 days after 

7 the date on which the President makes a trans8 fer, reassignment, or consolidation under sub9 paragraph (A), the President shall notify the ap10 propriate congressional committees of the trans11 fer, reassignment, or consolidation. 

12 ‘‘(C) DURATION.—A transfer, reassignment, 

13 or consolidation under subparagraph (A) shall 

14 remain in effect only until the President deter15 mines that the threat to homeland security has 

16 terminated or is no longer imminent. 

17 ‘‘(c) PUBLICATION.—Not later than 30 days after the 

18 date on which the President or the Secretary makes a trans19 fer, allocation, assignment, consolidation, alteration, estab20 lishment, or discontinuance under this section, the Presi21 dent or the Secretary shall publish in the Federal Reg22 ister— 

23 ‘‘(1) the reasons for the action taken; and 

24 ‘‘(2) a list of each statutory provision implicated 

25 by the action. 


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1 ‘‘(d) SUBMITTAL OF NOTIFICATION TO CONGRESS.— 

2 No reorganization, realignment, consolidation, or other sig3 nificant organizational change to a component, directorate, 

4 or agency of the Department, may take effect before the ap5 propriate congressional committees receive information 

6 from the Secretary to support the determination that such 

7 reorganization, realignment, consolidation, or other signifi8 cant organizational change will enhance the component, di9 rectorate, or office’s efficiency, operational capabilities, or 

10 capacity, balance the numbers of Federal workers in accord11 ance with the balanced workforce strategy, and result in ad12 ministrative cost saving.’’. 

13 SEC. 107. REPEAL OF OFFICE OF DOMESTIC PREPARED14 NESS. 

15 (a) TERMINATION.—Title IV of the Homeland Security 

16 Act of 2002 is amended by striking section 430 (6 U.S.C. 

17 238). 

18 (b) CLERICAL AMENDMENT.—The table of contents in 

19 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

20 101(b)) is amended by striking the item relating to section 

21 430. 

22 SEC. 108. QUADRENNIAL HOMELAND SECURITY REVIEW. 

23 (a) IN GENERAL.—Section 707 of the Homeland Secu24 rity Act of 2002 (6 U.S.C. 347) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1), by striking ‘‘fiscal 

2 year 2009’’ and inserting ‘‘calendar year 2013’’; 

3 and 

4 (B) in paragraph (3), by striking ‘‘The Sec5 retary shall conduct each quadrennial homeland 

6 security review under this subsection’’ and in7 serting ‘‘In order to ensure that each quadren8 nial homeland security review conducted under 

9 this section is coordinated with the quadrennial 

10 defense review conducted by the Secretary of De11 fense under section 118 of title 10, United States 

12 Code, and any other major strategic review relat13 ing to diplomacy, intelligence, or other national 

14 security issues, the Secretary shall conduct each 

15 quadrennial homeland security review’’; and 

16 (2) by striking subsections (b), (c), and (d) and 

17 inserting the following: 

18 ‘‘(b) SCOPE OF REVIEW AND REPORT.— 

19 ‘‘(1) IN GENERAL.—In each quadrennial home20 land security review, the Secretary shall— 

21 ‘‘(A) examine the homeland security aspects 

22 of the security environment of the Nation, in23 cluding existing and potential homeland security 

24 threats and challenges, and the effect of laws, 

25 Presidential directives, national strategies, and 


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1 other relevant guidance documents in meeting 

2 existing and potential homeland security threats 

3 and challenges; 

4 ‘‘(B) review the capabilities and capacities 

5 across the homeland security enterprise, and the 

6 roles of executive agencies, States, local govern7 ments, Indian tribes, and private entities in pro8 viding those capabilities and capacities; 

9 ‘‘(C) evaluate and prioritize the homeland 

10 security mission areas of the Nation and associ11 ated goals and objectives, and recommend any 

12 necessary revisions to the mission areas, goals, 

13 and objectives as appropriate; 

14 ‘‘(D) examine whether the capabilities and 

15 capacities across the homeland security enter16 prise should be adjusted based on any proposed 

17 modifications to the mission areas, goals, or ob18 jectives; 

19 ‘‘(E) identify additional capabilities and 

20 capacities that may be needed across the home21 land security enterprise in response to potential 

22 homeland security threats and challenges, and 

23 the resources required to provide the capabilities 

24 and capacities; 


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1 ‘‘(F) identify redundant, wasteful, or unnec2 essary capabilities and capacities where re3 sources can be redirected to support capabilities 

4 and capacities identified under subparagraph 

5 (E); 

6 ‘‘(G) evaluate the organization, organiza7 tional structure, governance structure, and busi8 ness processes (including acquisition processes) of 

9 the Department, as they relate to the ability of 

10 the Department to meet the responsibilities of the 

11 Department; and 

12 ‘‘(H) review any other matter the Secretary 

13 considers appropriate. 

14 ‘‘(2) REPORT.—During the year following the 

15 year in which a quadrennial homeland security re16 view is conducted, and not later than the date on 

17 which the budget of the President for the next fiscal 

18 year is submitted to Congress under section 1105(a) 

19 of title 31, United States Code, the Secretary shall— 

20 ‘‘(A) submit to the appropriate congres21 sional committees a report— 

22 ‘‘(i) describing the process used in con23 ducting the quadrennial homeland security 

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1 sumptions used in conducting the quadren2 nial homeland security review; 

3 ‘‘(ii) describing the findings and con4 clusions of the review, including findings 

5 and conclusions relating to each issue ad6 dressed under subparagraphs (A) through 

7 (H) of paragraph (1); 

8 ‘‘(iii) detailing any proposed revisions 

9 to the national homeland security strategy, 

10 including any proposed revisions to the 

11 homeland security missions, capabilities 

12 and capacities, goals, or objectives of the 

13 Nation; 

14 ‘‘(iv) detailing how the conclusions 

15 under the quadrennial homeland security 

16 review will inform efforts to develop capa17 bilities and build capacity of States, local 

18 governments, Indian tribes, and private en19 tities, and of individuals, families, and 

20 communities; 

21 ‘‘(v) providing proposed changes to the 

22 authorities, organization, governance struc23 ture, or business processes (including acqui24 sition processes) of the Department in order 


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1 to better fulfill the responsibilities of the De2 partment; and 

3 ‘‘(vi) describing any other matter the 

4 Secretary considers appropriate; and 

5 ‘‘(B) consistent with the protection of na6 tional security and other sensitive matters, make 

7 the report required under subparagraph (A) pub8 licly available on the website of the Department; 

9 and 

10 ‘‘(C) where appropriate, the Secretary may 

11 include as an annex to the report materials pre12 pared pursuant to section 306 of title 5, relating 

13 to the preparation of an agency strategic plan, 

14 to satisfy, in whole or in part, the reporting re15 quirements of this paragraph.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

17 table of contents in section 1(b) of the Homeland Security 

18 Act of 2002 (6 U.S.C. 101 et seq.) is amended by striking 

19 the item relating to section 707 and inserting the following: 

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

20 SEC. 109. DEVELOPMENT OF EXPLOSIVES DETECTION CA21 NINE STANDARDS. 

22 (a) IN GENERAL.—Section 1307(c) of the Imple23 menting Recommendations of the 9/11 Commission Act of 

24 2007 (6 U.S.C. 1116(c)) is amended to read as follows: 


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1 ‘‘(c) EXPLOSIVES DETECTION CANINE ACCREDITATION

2 AND MINIMUM CERTIFICATION STANDARDS.— 

3 ‘‘(1) IN GENERAL.—To assist in the Depart4 ment’s counterterrorism mission, the Secretary 

5 shall— 

6 ‘‘(A) issue mission-specific accreditation 

7 and minimum certification standards for all ex8 plosives detection canines, and their handlers, 

9 that are used or funded by the Department; and 

10 ‘‘(B) ensure that all explosives detection ca11 nines used or funded by the Department, and 

12 their handlers, are trained by persons who have 

13 met those accreditation standards and utilize 

14 such minimum certification standards. 

15 ‘‘(2) INCLUDED CANINES AND HANDLERS.—The 

16 canines and handlers referred to in paragraph (1) in17 clude— 

18 ‘‘(A) canines that are not bred by the De19 partment; 

20 ‘‘(B) canines and handlers that are not 

21 trained by the Department; and 

22 ‘‘(C) canine and handlers that are obtained 

23 by the Department by contract, or funded by the 

24 Department by grant or otherwise. 

25 ‘‘(3) RECOMMENDATIONS.— 


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1 ‘‘(A) PANEL.—The Secretary shall convene 

2 a panel that will develop recommendations for 

3 the accreditation and minimum certification 

4 standards under this subsection, which shall con5 sist of canine training subject matter experts, in6 cluding representatives from the private sector 

7 and academia, as designated by the Secretary. 

8 ‘‘(B) RECOMMENDATIONS.—The rec9 ommendations shall consist of a multitier set of 

10 standards designed to provide minimum accredi11 tation and certification standards, as well as a 

12 higher level of standards based on mission-crit13 ical objectives of the components that use explo14 sives detection canines. The standards shall ad15 dress both initial and recurrent training and 

16 certification. 

17 ‘‘(C) REVIEW AND REVISION.—After provi18 sion of the recommendations, the panel shall 

19 meet no less than biennially to review and revise 

20 the recommendations. 

21 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—To 

22 carry out this subsection there is authorized to be ap23 propriated $300,000 for fiscal year 2012.’’. 

24 (b) DEADLINE FOR STANDARDS.—The Secretary of 

25 Homeland Security shall issue accreditation and minimum 


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1 certification standards under the amendment made by sub2 section (a) by not later than 180 days after the date of en3 actment of this Act. 

4 SEC. 110. DEVELOPMENT OF A BALANCED WORKFORCE. 

5 (a) COMPONENT STRATEGIES.—Each component of the 

6 Department shall coordinate with the Chief Human Capital 

7 Officer of the Department to develop its own 5-year work8 force strategy that will support the Department’s goals, ob9 jectives, and performance measures for determining the 

10 proper balance of Federal employees and private labor re11 sources. 

12 (b) STRATEGY REQUIREMENTS.—The Chief Human 

13 Capital Officer shall ensure that in the development of the 

14 strategy required by subsection (a) for a component the 

15 head of the component reports to the Chief Human Capital 

16 Officer on the human resources considerations associated 

17 with creating additional Federal full-time equivalent posi18 tions, converting private contractors to Federal employees, 

19 or relying on the private sector for goods and services, in20 cluding— 

21 (1) hiring projections, including occupation and 

22 grade level, as well as corresponding salaries, benefits, 

23 and hiring or retention bonuses; 

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1 pated deficiency in critical skills required at the De2 partment, and the training or other measures re3 quired to address those deficiencies in skills; 

4 (3) recruitment of qualified candidates and re5 tention of qualified employees; 

6 (4) supervisory and management requirements; 

7 (5) travel and related personnel support costs; 

8 (6) the anticipated cost and impact on mission 

9 performance associated with replacing Federal per10 sonnel due to their retirement or other attrition; and 

11 (7) other appropriate factors. 

12 (c) ANNUAL SUBMISSION.—The Department shall pro13 vide to the appropriate congressional committees, together 

14 with submission of the annual budget justification, infor15 mation on the progress within the Department of fulfilling 

16 the workforce strategies required under subsection (a). 

17 SEC. 111. DANGER PAY ALLOWANCES FOR EMPLOYEES OF 

18 THE DEPARTMENT OF HOMELAND SECURITY. 

19 Section 151 of the Foreign Relations Authorization 

20 Act, Fiscal Years 1990 and 1991 (Public Law 101–246; 5 

21 U.S.C. 5928 note) is amended by striking ‘‘Drug Enforce22 ment Administration or Federal Bureau of Investigations’’ 

23 and inserting ‘‘Drug Enforcement Administration, Federal 

24 Bureau of Investigation, or the Department of Homeland 

25 Security’’. 


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1 SEC. 112. FLETC REPORTING REQUIREMENTS ON COUNTER2 VIOLENT EXTREMISM TRAINING. 

3 Prior to offering or implementing any program, in4 cluding any pilot program, intended to provide training 

5 on increasing awareness relating to and countering violent 

6 Islamist extremism, the Director of the Federal Law En7 forcement Training Center (FLETC) shall submit to the ap8 propriate congressional committees the following: 

9 (1) The classified case study information that the 

10 Department provided to the National Consortium for 

11 the Study of Terrorism and Responses to Terrorism 

12 regarding the radicalization process for the goal of 

13 violent extremism. 

14 (2) A detailed description of the training that 

15 FLETC intends to implement as part of the program, 

16 including all training materials that are being dis17 tributed as part of the program. 

18 (3) An identification of the executive agency or 

19 agencies that participated in the development of the 

20 training. 

21 (4) A description of what qualifications will be 

22 required for instructors to provide the training, in23 cluding— 

24 (A) whether the instructor has counterter25 rorism or intelligence experience; and 


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1 (B) the degree of the instructor’s knowledge 

2 and expertise on Al Qaeda and radicalization. 

3 (5) An estimate of the amount of funds the De4 partment will expend for any such program, includ5 ing a plan for such expenditures and specification of 

6 the existing programs from which the funds will be 

7 drawn. 

8 SEC. 113. FUTURE-YEARS HOMELAND SECURITY PROGRAM. 

9 (a) IN GENERAL.—Section 874 of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 454) is amended to read as fol11 lows: 

12 ‘‘SEC. 874. FUTURE-YEARS HOMELAND SECURITY PROGRAM. 

13 ‘‘(a) IN GENERAL.—Not later than the 30 days fol14 lowing the date of each fiscal year on which the budget of 

15 the President is submitted to Congress under section 

16 1105(a) of title 31, United States Code, the Secretary shall 

17 submit to the appropriate congressional committees a fu18 ture-years homeland security program that provides de19 tailed estimates of the projected expenditures and cor20 responding requests for appropriations included in that 

21 budget. The future-years homeland security program shall 

22 cover the fiscal year for which the budget is submitted as 

23 well as the four succeeding fiscal years. 

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1 TIONS.—For each fiscal year, the Secretary shall endeavor 

2 to ensure that the projected amounts specified in program 

3 and budget information submitted to Congress in support 

4 of the President’s budget request are consistent with the esti5 mates for expenditures and proposed appropriations nec6 essary to support the programs, projects, and activities of 

7 the Department included in the budget pursuant to section 

8 1105(a) (5) of title 31, United States Code. 

9 ‘‘(c) EXPLANATION OF ALIGNMENT WITH STRATEGIES

10 AND PLANS.—Together with the detailed estimates of the 

11 projected expenditures and corresponding requests for ap12 propriations submitted for the future years homeland secu13 rity program, the Secretary shall provide an explanation 

14 of how those estimates and requests align with the homeland 

15 security strategies and plans developed and updated as ap16 propriate by the Secretary. 

17 ‘‘(d) PROJECTION OF ACQUISITION ESTIMATES.—Each 

18 futures year homeland security funding program shall 

19 project acquisition estimates for a period of 5 fiscal years, 

20 with specified estimates for each fiscal year, for all tech21 nology acquisitions within the Department and each com22 ponent therein, including refresh and sustainment expenses, 

23 as well as the annual deployment schedule of any acquisi24 tion with a total cost over the 5-fiscal-year period estimated 

25 to exceed $50,000,000. 


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1 ‘‘(e) CONTINGENCY AMOUNTS.—Nothing in this section 

2 shall be construed as prohibiting the inclusion in the future3 years homeland security program of amounts for manage4 ment contingencies, subject to the requirements of subsection 

5 (b). 

6 ‘‘(f) AVAILABILITY OF INFORMATION TO THE PUB7 LIC.—The Secretary shall make available to the public in 

8 electronic form the information required to be submitted to 

9 Congress under this section, except those portions that are 

10 deemed to be classified in nature under the parameters of 

11 section 537 of the Department of Homeland Security Ap12 propriations Act, 2006 (6 U.S.C. 114).’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents in 

14 section 1(b) of such Act is amended by striking the item 

15 relating to such section and inserting the following: 

‘‘Sec. 874. Future-years homeland security program.’’. 

16 SEC. 114. COST OF SUBMISSIONS TO CONGRESS. 

17 Beginning on the date that is 90 days after the date 

18 of the enactment of this Act, the Secretary shall include at 

19 the front of each plan, report, strategy, or other written ma20 terial provided to the appropriate congressional committees 

21 pursuant to a congressional mandate, information on the 

22 costs and the number of full-time equivalent (FTE) per23 sonnel required for complying with the mandate to the 

24 greatest extent practical. If the Secretary deems that it is 

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1 planatory statement delineating why the information can2 not be provided. 

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

4 SEAL. 

5 (a) IN GENERAL.—Section 875 of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 455) is amended by adding at 

7 the end the following new subsection: 

8 ‘‘(d) PROTECTION OF NAME, INITIALS, INSIGNIA, AND

9 SEAL.— 

10 ‘‘(1) PROTECTION.—Except with the written per11 mission of the Secretary, no person may knowingly 

12 use, in connection with any advertisement, commer13 cial activity, audiovisual production (including, but 

14 not limited to, film or television production), imper15 sonation, Internet domain name, Internet e-mail ad16 dress, or Internet web site, merchandise, retail prod17 uct, or solicitation in a manner reasonably calculated 

18 to convey the impression that the Department of 

19 Homeland Security or any organizational element of 

20 the Department has approved endorsed, or authorized 

21 such use, any of the following (or any colorable imita22 tion thereof): 

23 ‘‘(A) the words ‘Department of Homeland 

24 Security’, the initials ‘DHS’, or the insignia seal 

25 of the Department; or 


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1 ‘‘(B) any ‘DHS visual identities’ meaning 

2 DHS or DHS Component name, initials, seal, 

3 insignia, trade or certification marks of DHS or 

4 any DHS Component or any combination, vari5 ation, or colorable imitation of indicia alone or 

6 in combination with other words to convey the 

7 impression of affiliation, connection, approval, 

8 or endorsement by DHS or any DHS compo9 nent; or 

10 ‘‘(C) the name, initials, insignia, or seal of 

11 any organizational element/component (includ12 ing any former such element/component) of the 

13 Department. 

14 ‘‘(2) CIVIL PROCEEDINGS.—Whenever it appears 

15 to the Attorney General that any person is engaged 

16 or is about to engage in an act or practice which con17 stitutes or will constitute conduct prohibited by sub18 section (d)(1), the Attorney General may initiate a 

19 civil proceeding in a district court of the United 

20 State to enjoin such at or practice. Such court shall 

21 proceed as soon as practicable to the hearing and de22 termination of such action and may, at any time be23 fore final determination, enter such retraining orders 

24 or prohibitions, or take such other actions as is war25 ranted, to prevent injury to the United State or to 


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1 any person or class of persons for whose protection the 

2 act is brought. 

3 ‘‘(3) DEFINITION.—For the purpose of this sub4 section, the term ‘audiovisual production’ means the 

5 production of a work that consists of a series of re6 lated images which are intrinsically intended to be 

7 shown by the use of machines or devices such as pro8 jectors, viewers, or electronic equipment, together with 

9 accompanying sounds, if any, regardless of the nature 

10 of the material objects, such as films or taps, in which 

11 the work is embodied.’’. 

12 (b) PENALTIES.—Section 709 of title 18, United States 

13 Code, is amended by inserting after ‘‘authorized by the Fed14 eral Bureau of Investigation; or’’ the following new para15 graph: 

16 ‘‘Whoever, except with the written permission of the 

17 Secretary of the Department of Homeland Security, know18 ingly uses the words ‘‘Department of Homeland Security,’’ 

19 the initials ‘‘DHS,’’ or any colorable imitation of such 

20 words or initials, or the words, initials, seals, or colorable 

21 imitations relating to any subcomponents thereof, in con22 nection with any advertisement, circular, book, pamphlet 

23 or other publication, play, motion picture, broadcast, tele24 cast, or other production, in a manner reasonably cal25 culated to convey the impression that such advertisement, 


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1 circular, book, pamphlet or other publication, play, motion 

2 picture, broadcast telecast, or other production, is approved, 

3 endorsed, or authorized by the Department of Homeland Se4 curity; or’’. 

5 SEC. 116. OFFICE OF POLICY. 

6 (a) IN GENERAL.—Title VI of the Homeland Security 

7 Act of 2002 (6 U.S.C. 201 et seq.) is further amended by 

8 inserting after section 602 the following: 

9 ‘‘SEC. 603. OFFICE OF POLICY. 

10 ‘‘(a) ESTABLISHMENT.—There is established in the De11 partment the Office of Policy, to be headed by the Under 

12 Secretary for Policy as authorized under the Department 

13 of Homeland Security Authorization Act for Fiscal Year 

14 2012. 

15 ‘‘(b) FUNCTIONS OF THE OFFICE OF POLICY.—The Of16 fice of Policy shall— 

17 ‘‘(1) develop Department policies, programs, and 

18 planning, consistent with the quadrennial homeland 

19 security review, to promote and ensure quality, con20 sistency, and integration for the programs, offices, 

21 and activities of the Department across all homeland 

22 security missions; 

23 ‘‘(2) develop and articulate the long-term stra24 tegic view of the Department and translate the Sec25 retary’s strategic priorities into capstone planning 


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1 products that drive increased operational effectiveness 

2 through integration, prioritization, and resource allo3 cation; 

4 ‘‘(3) lead Departmental international engage5 ment and activities; 

6 ‘‘(4) represent the Department position to other 

7 Federal Agencies and the President; and 

8 ‘‘(5) coordinate with policy officials in Depart9 mental components to ensure the effective and efficient 

10 implementation of policy.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents in 

12 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

13 101 et seq.) is further amended by inserting after the item 

14 relating to section 602 the following: 

‘‘Sec. 603. Office of Policy.’’. 

15 SEC. 117. FEDERAL VACANCY COMPLIANCE. 

16 For a position at the Department that is subject to 

17 sections 3345 through 3349d of title 5, United States Code 

18 (referred to as the ‘‘Vacancies Reform Act of 1998’’), the 

19 Secretary shall notify the appropriate congressional com20 mittees of any position held by an individual on a tem21 porary or acting basis for 210 days. Such notification shall 

22 include— 

23 (1) the duration of the vacancy as of the date of 

24 the notification; 


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1 (2) information on whether a nomination to fill 

2 the vacancy is pending before the Senate and, if so, 

3 the status of that nomination within the Senate; and 

4 (3) what actions, if any, the Secretary intends to 

5 take to bring the Department in compliance with such 

6 sections. 

7 SEC. 118. ELECTRONIC SUBMISSIONS. 

8 Beginning on the date that is 90 days after the date 

9 of the enactment of this Act, the Secretary shall, to the 

10 greatest extent practicable, submit each plan, report, strat11 egy, or other written material provided to the appropriate 

12 congressional committees pursuant to a congressional man13 date in an electronic format. 

14 SEC. 119. CHIEF INFORMATION OFFICER. 

15 Section 703 of the Homeland Security Act of 2002 (6 

16 U.S.C. 343) is amended— 

17 (1) by redesignating subsection (b) as subsection 

18 (c); and 

19 (2) by inserting after subsection (a) the fol20 lowing: 

21 ‘‘(b) RESPONSIBILITIES.—The Chief Information Offi22 cer shall— 

23 ‘‘(1) advise and assist the Secretary, heads of the 

24 components of the Department, and other senior offi25 cers in carrying out the responsibilities of the DepartVerDate Mar 15 2010 23:50 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\H3116.RH H3116

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1 ment for all activities relating to the programs and 

2 operations of the information technology functions of 

3 the Department; 

4 ‘‘(2) establish the information technology prior5 ities, policies, processes, standards, guidelines, and 

6 procedures of the Department; 

7 ‘‘(3) coordinate and ensure implementation of 

8 information technology priorities, policies, processes, 

9 standards, guidelines, and procedures within the De10 partment; 

11 ‘‘(4) be responsible for information technology 

12 capital planning and investment management in ac13 cordance with sections 11312 and 11313 of title 40, 

14 United States Code; 

15 ‘‘(5) in coordination with the Chief Procurement 

16 Officer of the Department, assume responsibility for 

17 information systems acquisition, development, and in18 tegration as required by section 11312 of title 40, 

19 United States Code; 

20 ‘‘(6) in coordination with the Chief Procurement 

21 Officer of the Department, review and approve any 

22 information technology acquisition with a total value 

23 greater than a threshold level to be determined by the 

24 Secretary; 


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1 ‘‘(7) in coordination with relevant officials of the 

2 Department, ensure that information technology sys3 tems meet the standards established under the infor4 mation sharing environment, as defined in section 

5 1016 of the Intelligence Reform and Terrorism Pre6 vention Act of 2004 (6 U.S.C. 485); 

7 ‘‘(8) perform other responsibilities required 

8 under section 3506 of title 44, United States Code, 

9 and section 11315 of title 40, United States Code; and 

10 ‘‘(9) perform such other responsibilities as the 

11 Secretary may prescribe.’’. 

12 SEC. 120. COST SAVINGS AND EFFICIENCY REVIEWS. 

13 The Secretary, acting through the Under Secretary for 

14 Management of the Department, shall submit to the appro15 priate congressional committees the following: 

16 (1) A report that provides a detailed accounting 

17 of the management and administrative expenditures 

18 and activities of the components of the Department 

19 and identifies potential cost savings and efficiencies 

20 for those expenditures and activities of each compo21 nent of the Department. 

22 (2) The findings of a study that examines the 

23 size, experience level, and geographic distribution of 

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1 der Patrol agents, U.S. Customs and Border Protec2 tion Air and Marine agents, U.S. Customs and Bor3 der Protection Agriculture Specialists, Federal Protec4 tive Service Law Enforcement Security Officers, U.S. 

5 Immigration and Customs Enforcement agents, 

6 Transportation Security Officers, Federal air mar7 shals, and members of the Coast Guard, and rec8 ommendations for adjustments that would reduce defi9 ciencies in the Department’s capabilities, reduce costs, 

10 and enhance efficiencies. 

11 TITLE II—DEPARTMENT OF 

12 HOMELAND SECURITY ACQUI13 SITION POLICY 

14 SEC. 201. DEPARTMENT OF HOMELAND SECURITY ACQUISI15 TIONS AND PROCUREMENT REVIEW. 

16 (a) IN GENERAL.—Title VII of the Homeland Security 

17 Act of 2002 (6 U.S.C. 341 et seq.), is amended by adding 

18 at the end the following: 

19 ‘‘SEC. 708. DEPARTMENT ACQUISITIONS AND PROCURE20 MENT REVIEW. 

21 ‘‘(a) IN GENERAL.—The Secretary shall review the 

22 proposed acquisitions and procurements by the Department. 

23 ‘‘(b) PURPOSE.—The review under subsection (a) shall 

24 inform the Department’s investment decisions, evaluate 


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1 lifecycles of procurements, strengthen acquisition oversight, 

2 and improve resource management in a risk-based manner. 

3 ‘‘(c) ACQUISITION REVIEW BOARD.— 

4 ‘‘(1) ESTABLISHMENT.—The Secretary shall es5 tablish an Acquisition Review Board for the purpose 

6 of carrying out the review of proposed acquisitions 

7 and procurements required under subsection (a). 

8 ‘‘(2) MEMBERSHIP.—The Secretary shall des9 ignate appropriate officers from throughout the De10 partment to serve on the Acquisition Review Board, 

11 including an appointee to serve as chair of the Board. 

12 ‘‘(3) SUBORDINATE BOARDS AND COUNCILS.— 

13 The Secretary may establish subordinate boards and 

14 councils to support the Acquisition Review Board. 

15 ‘‘(d) INVESTMENT THRESHOLDS.—The Secretary may 

16 establish materiality thresholds for the review of invest17 ments by the Acquisition Review Board or any subordinate 

18 board or council. 

19 ‘‘(e) SAFETY ACT.—The Acquisition Review Board 

20 shall identify proposed investments and acquisitions across 

21 the Department that should utilize the pre-qualification des22 ignation notice, the block designation, or the block certifi23 cation processes available under subtitle G of title VIII, and 

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1 ment, the Under Secretary for Science and Technology, and 

2 the relevant acquisition authority for implementation. 

3 ‘‘(f) REPORTING REQUIREMENT.—The Secretary shall 

4 submit to the appropriate congressional committees an an5 nual report, broken down on a quarterly basis, on the ac6 tivities of the Acquisition Review Board, including detailed 

7 descriptions of and statistics on programs and activities re8 viewed by the Acquisition Review Board.’’. 

9 (b) INITIAL REPORT.—Not later than 90 days after the 

10 date of enactment of this Act, the Secretary of Homeland 

11 Security shall submit a report to the appropriate congres12 sional committees on the processes and protocols imple13 mented to carry out the review required under the amend14 ment made by subsection (a). 

15 (c) CLERICAL AMENDMENT.—The table of contents in 

16 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

17 101 et seq.) is amended by adding at the end of the items 

18 relating to title VII the following: 

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

19 SEC. 202. CAPABILITIES AND REQUIREMENTS COUNCIL. 

20 (a) IN GENERAL.—Title VII of the Homeland Security 

21 Act of 2002 (6 U.S.C. 181 et seq.) is further amended by 

22 adding at the end the following new section: 

23 ‘‘SEC. 709. CAPABILITIES AND REQUIREMENTS COUNCIL. 

24 ‘‘(a) ESTABLISHMENT.—There is established a Capa25 bilities and Requirements Council in the Department. 


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1 ‘‘(b) MISSION.—The Capabilities and Requirements 

2 Council shall provide recommendations and assistance to 

3 the Secretary for the following: 

4 ‘‘(1) Identifying, assessing, and approving home5 land security investments and acquisition require6 ments, including investments in and requirements for 

7 existing programs, systems, and equipment, to meet 

8 homeland security strategic goals and objectives. 

9 ‘‘(2) Harmonizing common investments and re10 quirements across Department organizational ele11 ments. 

12 ‘‘(3) Reviewing the mission need associated with 

13 each proposed investment or acquisition requirement 

14 identified under paragraph (1). 

15 ‘‘(4) Reviewing major investments across the De16 partment to ensure consistency with homeland secu17 rity strategic goals and objectives. 

18 ‘‘(5) Ensuring the use of cost-benefit analyses, 

19 giving consideration to factors such as cost, schedule, 

20 performance, risk, and operational efficiency, in order 

21 to determine the most viable homeland security in22 vestments or acquisition requirements identified 

23 under paragraph (1). 

24 ‘‘(6) Establishing and assigning priority levels 

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1 ments identified under paragraph (1), in consultation 

2 with advisors to the Council engaged under subsection 

3 (d). 

4 ‘‘(7) Reviewing the estimated level of resources 

5 required to fulfill the homeland security requirements 

6 identified under paragraph (1) and to ensure that 

7 such resource level is consistent with the level of pri8 ority assigned to such requirement. 

9 ‘‘(8) Proposing schedules for delivery of the oper10 ational capability needed to meet each homeland secu11 rity requirement identified under paragraph (1). 

12 ‘‘(9) Identifying alternatives to any acquisition 

13 program that meet homeland security requirements 

14 identified under paragraph (1). 

15 ‘‘(10) Providing recommendations to the Acquisi16 tion Review Board established under section 708. 

17 ‘‘(11) Performing any other duties established by 

18 the Secretary. 

19 ‘‘(c) COMPOSITION.—The Capabilities and Require20 ments Council is composed of— 

21 ‘‘(1) the Under Secretary for Management of the 

22 Department, who shall act as the Chairman of the 

23 Council; and 


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1 ‘‘(2) appropriate representatives from the compo2 nents and organizational elements of the Department, 

3 as determined by the Secretary. 

4 ‘‘(d) ADVISORS.—The Council shall seek and consider 

5 input from members of Federal, State, local, and tribal gov6 ernments, and the private sector, as appropriate, on matters 

7 within their authority and expertise in carrying out its 

8 mission under subsection (b).’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents in 

10 section 1(b) of such Act is further amended by adding at 

11 the end of the items relating to title VII the following: 

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

12 SEC. 203. ACQUISITION AUTHORITIES FOR THE UNDER SEC13 RETARY FOR MANAGEMENT. 

14 (a) IN GENERAL.—Section 701 of the Homeland Secu15 rity Act of 2002 (6 U.S.C. 341) is amended— 

16 (1) in subsection (a)(2), by striking ‘‘Procure17 ment’’ and inserting ‘‘Acquisition, as provided in 

18 subsection (d)’’; and 

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

20 ‘‘(d) ACQUISITION AND RELATED RESPONSIBIL21 ITIES.— 

22 ‘‘(1) IN GENERAL.—The Under Secretary for 

23 Management shall act as the senior acquisition officer 

24 for the Department and shall administer functions re25 lating to acquisition, including— 


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1 ‘‘(A) supervising the management of De2 partment acquisition activities and acquisition 

3 programs, evaluating the performance of those 

4 activities and programs, and advising the Sec5 retary regarding the appropriate risk-based ac6 quisition strategy to achieve the mission of the 

7 Department; 

8 ‘‘(B) directing all of the Department’s com9 ponents with regard to the Under Secretary’s re10 sponsibility under this subsection; 

11 ‘‘(C) establishing policies for acquisition 

12 that implement a risk-based approach, as appro13 priate, including investment review, program 

14 management, procurement of goods and services, 

15 research and development, and contract adminis16 tration, for all components of the Department; 

17 ‘‘(D) establishing policies for logistics, 

18 maintenance, and sustainment support for all 

19 components of the Department; 

20 ‘‘(E) ensuring the procurement activities of 

21 the Department’s components consider the appli22 cability of the SAFETY Act in accordance with 

23 the procedures in the Federal Acquisition Regu24 lations Subpart 50.205; and 


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1 ‘‘(F) prescribing policies to ensure that 

2 audit and oversight of contractor activities are 

3 coordinated and carried out in a risk-based 

4 manner that prevents redundancies among the 

5 different components of the Department. 

6 ‘‘(2) UNDER SECRETARY FOR SCIENCE AND

7 TECHNOLOGY.—Nothing in this subsection shall di8 minish or otherwise affect the authority granted to the 

9 Under Secretary for Science and Technology under 

10 this Act. The Under Secretary for Management and 

11 the Under Secretary for Science and Technology shall 

12 cooperate in matters of mutual interest related to the 

13 subjects addressed by this subsection.’’. 

14 (b) REPORT TO CONGRESS.—The Under Secretary for 

15 Management shall report to Congress within 180 days after 

16 the date of the enactment of this Act on a comprehensive 

17 acquisition management plan for the Department, includ18 ing performance metrics, to— 

19 (1) improve collaboration, coordination, and 

20 awareness of technologies and capabilities across com21 ponents of the Department, the Federal Government, 

22 universities, and the private sector when developing 

23 program requirements for acquisitions by the Depart24 ment; 


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1 (2) evaluate the reasons for modifying program 

2 requirements after an award of a contract and ana3 lyze the need for modifications and whether modifica4 tions would lead to contract cost overruns or time 

5 delays; 

6 (3) ensure regular communication with and sup7 port from State and local entities when developing 

8 program requirements and modifying program re9 quirements; 

10 (4) provide increased oversight and management 

11 on identified high-risk acquisitions; 

12 (5) evaluate the turnover rate of program man13 agers and contracting officers throughout a contract 

14 and its impact on program requirement modifica15 tions, cost overruns, and time delays; and 

16 (6) evaluate the time it takes between first devel17 oping program requirements, through the acquisition 

18 review process, up until a contract award is made. 

19 SEC. 204. ACQUISITION PROFESSIONAL CAREER PROGRAM. 

20 (a) IN GENERAL.—Title VII of the Homeland Security 

21 Act of 2002 (6 U.S.C. 341 et seq.) is further amended by 

22 adding at the end the following new section: 

23 ‘‘SEC. 710. ACQUISITION PROFESSIONAL CAREER PROGRAM. 

24 ‘‘(a) ESTABLISHMENT.—The Secretary may establish 

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1 gram for the recruitment, training, and retention of acqui2 sition professionals for the Department. 

3 ‘‘(b) PROGRAM.—The program established under sub4 section (a) shall rotate participants through various head5 quarters and component acquisition and program offices to 

6 assure that participants receive broad experience and devel7 opmental training throughout the Department. 

8 ‘‘(c) ACQUISITION PROFESSIONAL.—An acquisition 

9 professional shall include, but is not limited to, an indi10 vidual employed by the Department as a contract specialist, 

11 program manager, or technical representative of a con12 tracting office. 

13 ‘‘(d) LIMIT.—Subject to appropriations, the Secretary 

14 may not hire more than 100 participants for the program 

15 established under subsection (a) in each fiscal year from 

16 2012 to 2015.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents in 

18 section 1(b) of such Act is further amended by adding at 

19 the end of the items relating to such title the following new 

20 item: 

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

21 SEC. 205. STRATEGIC PLAN FOR ACQUISITION WORKFORCE. 

22 (a) STRATEGIC PLAN.—Not later than 180 days after 

23 the date of enactment of this Act, the Chief Procurement 

24 Officer and the Chief Human Capital Officer of the Depart25 ment of Homeland Security shall submit to the appropriate 


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1 congressional committees a 5-year strategic plan for the ac2 quisition workforce of the Department. 

3 (b) ELEMENTS OF PLAN.—The plan required under 

4 subsection (a) shall— 

5 (1) designate the acquisition positions that will 

6 be necessary to support the Department acquisition 

7 requirements, including in the fields of— 

8 (A) program management; 

9 (B) systems planning, research, develop10 ment, engineering, and testing; 

11 (C) procurement, including contracting; 

12 (D) industrial property management; 

13 (E) logistics; 

14 (F) quality control and assurance; 

15 (G) manufacturing and production; 

16 (H) business, cost estimating, financial 

17 management, and auditing; 

18 (I) education, training, and career develop19 ment; 

20 (J) construction; and 

21 (K) joint projects with other Government 

22 agencies and foreign countries; 

23 (2) identify acquisition workforce needs of each 

24 Department component performing acquisition func25 tions and develop a schedule for filling those needs; 


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1 (3) include departmental guidance and risk2 based policies on the use of contractors to perform ac3 quisition functions; 

4 (4) summarize the recruitment, hiring, training, 

5 and retention of the workforce identified in para6 graph (2); and 

7 (5) establish goals for achieving integration and 

8 consistency with Governmentwide training and ac9 creditation standards, acquisition training tools, and 

10 training facilities. 

11 (c) OTHER ACQUISITION POSITIONS.—The Chief Ac12 quisition Officer of the Department may, as appropriate, 

13 designate as acquisition positions those additional positions 

14 that perform significant acquisition-related functions with15 in that component of the Department. 

16 SEC. 206. NOTIFICATION TO CONGRESS OF MAJOR AWARDS. 

17 (a) IN GENERAL.—Title VII of the Homeland Security 

18 Act of 2002 (6 U.S.C. 341 et seq.) is further amended by 

19 adding at the end the following new section: 

20 ‘‘SEC. 711. NOTIFICATION TO CONGRESS OF MAJOR PRO21 CUREMENT AWARDS. 

22 ‘‘(a) REPORTING OF SIGNIFICANT CONTRACTS.—The 

23 Secretary shall notify the appropriate congressional com24 mittees at least 3 business days prior to— 


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1 ‘‘(1) making a contract award, other transaction 

2 agreement, or task and delivery order exceeding 

3 $10,000,000; or 

4 ‘‘(2) announcing the intention to make such an 

5 award. 

6 ‘‘(b) EXCEPTION.—If the Secretary determines that 

7 compliance with this section would pose a substantial risk 

8 to homeland security, an award may be made without the 

9 notification required by subsection (a) if the Secretary noti10 fies the appropriate congressional committees by not later 

11 than 5 business days after such award is made.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents in 

13 section 1(b) of such Act is further amended by adding at 

14 the end of the items relating to such title the following new 

15 item: 

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

16 SEC. 207. INDEPENDENT VERIFICATION AND VALIDATION. 

17 (a) IN GENERAL.—Title VII of the Homeland Security 

18 Act of 2002 (6 U.S.C. 341 et seq.) is further amended by 

19 adding at the end the following new section: 

20 ‘‘SEC. 712. INDEPENDENT VERIFICATION AND VALIDATION. 

21 ‘‘(a) IN GENERAL.—The Under Secretary for Manage22 ment shall establish a process to provide for the evaluation 

23 of the integrity and quality of major acquisitions, to be con24 ducted independently by personnel with no involvement or 

25 interest in the underlying acquisitions. 


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1 ‘‘(b) REQUIREMENT FOR GUIDANCE.—The Under Sec2 retary for Management shall create a transparent acquisi3 tion process by making available to the public written guid4 ance that provides the following: 

5 ‘‘(1) Criteria for applying and planning inde6 pendent verification and validation, including appro7 priate thresholds above which acquisitions may not 

8 proceed without independent verification and valida9 tion unless authorized to do so by the Acquisition Re10 view Board established under section 708. 

11 ‘‘(2) Procedures for ensuring the managerial, fi12 nancial, and technical independence of providers of 

13 independent verification and validation. 

14 ‘‘(3) Methods for integrating independent 

15 verification and validation results into program man16 agement. 

17 ‘‘(c) REPORTING TO CONGRESS.—The annual report 

18 required by section 708(e) shall— 

19 ‘‘(1) identify any acquisition that is granted ini20 tial approval to proceed by the Acquisition Review 

21 Board without undergoing the process to establish 

22 independent verification and validation required 

23 under this section; and 

24 ‘‘(2) provide an explanation of the decision not 

25 to employ independent verification and validation.’’. 


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1 (b) DEADLINE.—The Under Secretary for Management 

2 shall establish the process required by the amendment made 

3 by subsection (a) not later than 180 days after the date 

4 of the enactment of this Act. 

5 (c) CLERICAL AMENDMENT.—The table of contents in 

6 section 1(b) of such Act is further amended by adding at 

7 the end of the items relating to such title the following new 

8 item: 

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

9 SEC. 208. OTHER TRANSACTION AUTHORITY. 

10 Section 831 of the Homeland Security Act of 2002 (6 

11 U.S.C. 391) is amended— 

12 (1) in subsection (a), by striking ‘‘Until Sep13 tember 30, 2011’’ and inserting ‘‘Until September 30, 

14 2016’’; 

15 (2) in subsection (b), by striking ‘‘Not later than 

16 2 years after the effective date of this Act, and annu17 ally thereafter’’ and inserting ‘‘Not later than Sep18 tember 30, 2015’’; and 

19 (3) in subsection (d)(1), by striking ‘‘September 

20 30, 2011’’ and inserting ‘‘September 30, 2016’’. 

21 SEC. 209. REPORT ON COMPETITION. 

22 Not later than 180 days after the date of the enactment 

23 of this Act, the Inspector General of the Department of 

24 Homeland Security shall prepare a report analyzing the 

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1 ment under the requirements of the Competition in Con2 tracting Act (41 U.S.C. 3301 et seq.), which shall include— 

3 (1) for each component of the Department— 

4 (A) the total number and dollar value of 

5 new contracts for each of the last three full fiscal 

6 years for which data is available; and 

7 (B) of that total number, the number of con8 tracts that were either— 

9 (i) entered into without full and open 

10 competition; or 

11 (ii) awarded under competition after 

12 receipt of only one offer; 

13 (2) a statistical analysis of statutory exceptions 

14 used to enter contracts without full and open competi15 tion; 

16 (3) a discussion of the trends in competition in 

17 each component of the Department; and 

18 (4) a comparison of the percentage of contracts 

19 awarded under full and open competition by the De20 partment and the percentage of contracts awarded 

21 under full and open competition by other Federal de22 partments and agencies. 


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1 SEC. 210. BUY AMERICAN REQUIREMENT IMPOSED ON DE2 PARTMENT OF HOMELAND SECURITY; EXCEP3 TIONS. 

4 (a) IN GENERAL.—Subtitle H of title VIII of the 

5 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is 

6 amended by adding at the end the following new section: 

7 ‘‘SEC. 890B. BUY AMERICAN REQUIREMENT; EXCEPTIONS. 

8 ‘‘(a) REQUIREMENT.—Except as provided in sub9 sections (c) through (e), the Secretary may not procure an 

10 item described in subsection (b) if the item is not grown, 

11 reprocessed, reused, or produced in the United States. 

12 ‘‘(b) COVERED ITEMS.— 

13 ‘‘(1) IN GENERAL.—An item referred to in sub14 section (a) is any item described in paragraph (2), if 

15 the item is directly related to the national security 

16 interests of the United States. 

17 ‘‘(2) ITEMS DESCRIBED.—An item described in 

18 this paragraph is any article or item of— 

19 ‘‘(A) clothing and the materials and compo20 nents thereof, other than sensors, electronics, or 

21 other items added to, and not normally associ22 ated with, clothing (and the materials and com23 ponents thereof); 

24 ‘‘(B) tents, tarpaulins, or covers; 

25 ‘‘(C) cotton and other natural fiber prod26 ucts, woven silk or woven silk blends, spun silk 


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1 yarn for cartridge cloth, synthetic fabric or coat2 ed synthetic fabric (including all textile fibers 

3 and yarns that are for use in such fabrics), can4 vas products, or wool (whether in the form of 

5 fiber or yarn or contained in fabrics, materials, 

6 or manufactured articles); or 

7 ‘‘(D) any item of individual equipment 

8 manufactured from or containing such fibers, 

9 yarns, fabrics, or materials. 

10 ‘‘(c) AVAILABILITY EXCEPTION.—Subsection (a) does 

11 not apply to the extent that the Secretary determines that 

12 satisfactory quality and sufficient quantity of any such ar13 ticle or item described in subsection (b)(2) grown, reproc14 essed, reused, or produced in the United States cannot be 

15 procured as and when needed. 

16 ‘‘(d) EXCEPTION FOR CERTAIN PROCUREMENTS OUT17 SIDE THE UNITED STATES.—Subsection (a) does not apply 

18 to the following: 

19 ‘‘(1) Procurements by vessels in foreign waters. 

20 ‘‘(2) Emergency procurements. 

21 ‘‘(e) EXCEPTION FOR SMALL PURCHASES.—Subsection 

22 (a) does not apply to purchases for amounts not greater 

23 than the simplified acquisition threshold referred to in sec24 tion 2304(g) of title 10, United States Code. 


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1 ‘‘(f) APPLICABILITY TO CONTRACTS AND SUB2 CONTRACTS FOR PROCUREMENT OF COMMERCIAL ITEMS.— 

3 This section is applicable to contracts and subcontracts for 

4 the procurement of commercial items notwithstanding sec5 tion 34 of the Office of Federal Procurement Policy Act (41 

6 U.S.C. 430). 

7 ‘‘(g) GEOGRAPHIC COVERAGE.—In this section, the 

8 term ‘United States’ includes the possessions of the United 

9 States. 

10 ‘‘(h) NOTIFICATION REQUIRED WITHIN 7 DAYS AFTER

11 CONTRACT AWARD IF CERTAIN EXCEPTIONS APPLIED.—In 

12 the case of any contract for the procurement of an item de13 scribed in subsection (b)(2), if the Secretary applies an ex14 ception set forth in subsection (c) with respect to that con15 tract, the Secretary shall, not later than 7 days after the 

16 award of the contract, post a notification that the exception 

17 has been applied. 

18 ‘‘(i) TRAINING.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

20 that each member of the acquisition workforce who 

21 participates personally and substantially in the ac22 quisition of textiles on a regular basis receives train23 ing on the requirements of this section and the regula24 tions implementing this section. 


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1 ‘‘(2) INCLUSION OF INFORMATION IN NEW TRAIN2 ING PROGRAMS.—The Secretary shall ensure that any 

3 training program for the acquisition workforce devel4 oped or implemented after the date of the enactment 

5 of this section includes comprehensive information on 

6 the requirements described in paragraph (1). 

7 ‘‘(j) CONSISTENCY WITH INTERNATIONAL AGREE8 MENTS.—This section shall be applied in a manner con9 sistent with United States obligations under international 

10 agreements.’’. 

11 (b) EFFECTIVE DATE.—Section 890B of the Homeland 

12 Security Act of 2002, as added by subsection (a), shall 

13 apply with respect to contracts entered into by the Depart14 ment of Homeland Security on and after the date occurring 

15 180 days after the date of the enactment of this Act. 

16 (c) CLERICAL AMENDMENT.—The table of contents in 

17 section 1(b) of such Act is amended by adding at the end 

18 of the items relating to such subtitle the following: 

‘‘Sec. 890B. Buy American requirement; exceptions.’’. 

19 SEC. 211. STRATEGIC SOURCING FOR MARINE AND AVIA20 TION ASSETS. 

21 (a) IN GENERAL.—Title VII of the Homeland Security 

22 Act of 2002 (6 U.S.C. 341 et seq.) is further amended by 

23 adding at the end the following new section: 


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1 ‘‘SEC. 714. STRATEGIC SOURCING FOR MARINE AND AVIA2 TION ASSETS. 

3 ‘‘Before the development and procurement by the De4 partment of any marine or aviation asset or equipment, 

5 the Chief Procurement Officer for the Department shall co6 ordinate with the chief procurement officers of the Depart7 ment’s components, as appropriate— 

8 ‘‘(1) to identify common mission requirements; 

9 and 

10 ‘‘(2) to the extent practicable, to standardize 

11 equipment purchases, streamline the acquisition proc12 ess, improve efficiencies, and conduct best practices 

13 for strategic sourcing that would unify purchasing, 

14 address procurement issues, and improve control and 

15 oversight of asset purchases.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents in 

17 section 1(b) of such Act is further amended by adding at 

18 the end of the items relating to such title the following: 

‘‘Sec. 714. Strategic sourcing for marine and aviation assets.’’. 

19 SEC. 212. STRATEGIC SOURCING FOR DETECTION AND 

20 SCREENING TECHNOLOGY. 

21 (a) IN GENERAL.—Title VII of the Homeland Security 

22 Act of 2002 (6 U.S.C. 341 et seq.) is further amended by 

23 adding at the end the following new section: 


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1 ‘‘SEC. 715. STRATEGIC SOURCING FOR DETECTION AND 

2 SCREENING TECHNOLOGY. 

3 ‘‘(a) IN GENERAL.—Before the development and pro4 curement by the Department of any detection or screening 

5 technology, the Chief Procurement Officer for the Depart6 ment shall coordinate with the chief procurement officers 

7 of the Department’s components, as appropriate— 

8 ‘‘(1) to identify common mission requirements; 

9 and 

10 ‘‘(2) to the extent practicable, to standardize 

11 equipment purchases, streamline the acquisition of se12 curity screening technologies, improve efficiencies, 

13 and conduct best practices for strategic sourcing that 

14 would unify purchasing, address procurement issues, 

15 and improve control and oversight of technology as16 sets. 

17 ‘‘(b) DETECTION OR SCREENING TECHNOLOGY DE18 FINED.—In this section the term ‘detection or screening 

19 technology’ includes x-ray equipment, metal detectors, and 

20 radiation detectors.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents in 

22 section 1(b) of such Act is further amended by adding at 

23 the end of the items relating to such title the following: 

‘‘Sec. 715. Strategic sourcing for detection and screening technology.’’. 


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1 SEC. 213. SPECIAL EMERGENCY PROCUREMENT AUTHORITY 

2 FOR DOMESTIC EMERGENCY OPERATIONS. 

3 (a) IN GENERAL.—Title V of the Homeland Security 

4 Act of 2002 is amended by adding at the end the following 

5 new section: 

6 ‘‘SEC. 526. SPECIAL EMERGENCY PROCUREMENT AUTHOR7 ITY FOR DOMESTIC EMERGENCY OPER8 ATIONS. 

9 ‘‘(a) IN GENERAL.—Notwithstanding any other provi10 sion of law, the Secretary is authorized to permit a class 

11 deviation to the Federal Acquisition Regulation with re12 spect to the micropurchase threshold and may do so in such 

13 official’s sole discretion to support domestic emergency op14 erations and response activities related to acts of terrorism. 

15 ‘‘(b) DELEGATION OF AUTHORITY.—The Secretary 

16 may carry out this section by acting through the Under 

17 Secretary for Management. 

18 ‘‘(c) LIMITATION.—In any class deviation under sub19 section (a), the micropurchase threshold may not exceed 

20 $15,000. 

21 ‘‘(d) DOMESTIC EMERGENCY OPERATION DEFINED.— 

22 In this section, the term ‘domestic emergency operation’ 

23 means assistance activities carried out in support of or in 

24 response to— 

25 ‘‘(1) an emergency or major disaster, as those 

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1 ford Disaster Relief and Emergency Assistance Act 

2 (42 U.S.C. 5122); 

3 ‘‘(2) any occasion or instance for which the Sec4 retary determines Federal assistance is needed to sup5 plement State and local efforts and capabilities to 

6 save lives and to protect property and public health 

7 and safety, or to lessen or avert the threat of a catas8 trophe in any part of the United States; 

9 ‘‘(3) any natural catastrophe (including any 

10 hurricane, tornado, storm, high water, wind-driven 

11 water, tidal wave, tsunami, earthquake, volcanic 

12 eruption, landslide, mudslide, snowstorm, or drought), 

13 or, regardless of cause, any fire, flood, or explosion, 

14 in any part of the United States, that in the deter15 mination of the Secretary causes damage of sufficient 

16 severity and magnitude to warrant major disaster as17 sistance to supplement the efforts and available re18 sources of States, local governments, and disaster re19 lief organizations in alleviating the damage, loss, 

20 hardship, or suffering caused thereby; or 

21 ‘‘(4) any act of terrorism, in any part of the 

22 United States, that in the determination of the Sec23 retary causes damage of sufficient severity and mag24 nitude to warrant major disaster assistance to supple25 ment the efforts and available resources of States, 


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1 local governments, and disaster relief organizations in 

2 alleviating the damage, loss, hardship, or suffering 

3 caused thereby.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents in 

5 section 1(b) of such Act is amended by adding at the end 

6 of the items relating to title V the following new item: 

‘‘Sec. 526. Special emergency procurement authority for domestic emergency operations.’’. 

7 SEC. 214. SOFTWARE LICENSING. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 enactment of this Act, and every 2 years thereafter, the 

10 Chief Information Officer of the Department, in consulta11 tion with Department component chief information officers, 

12 shall— 

13 (1) conduct a Department-wide inventory of all 

14 existing software licenses including utilized and un15 utilized licenses; 

16 (2) assess the needs of the Department and the 

17 components of the Department for software licenses 

18 for the upcoming 2 fiscal years; and 

19 (3) examine how the Department can achieve the 

20 greatest possible economies of scale and cost-savings 

21 in the procurement of software licenses. 

22 (b) EXCESS SOFTWARE LICENSES.— 

23 (1) PLAN TO REDUCE SOFTWARE LICENSES.—If 

24 the Chief Information Officer determines through the 


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1 inventory conducted under subsection (a) that the 

2 number of existing software licenses of the Depart3 ment and the components of the Department exceeds 

4 the needs of the Department as assessed under sub5 section (a), the Secretary, not later than 90 days after 

6 the date on which the inventory is completed under 

7 subsection (a), shall establish a plan for bringing the 

8 number of software licenses into balance with such 

9 needs of the Department. 

10 (2) PROHIBITION ON PROCUREMENT OF NEW

11 SOFTWARE LICENSES.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraph (A), upon completion of a plan es14 tablished under paragraph (1), no additional re15 sources may be obligated for the procurement of 

16 new software licenses until such time as the need 

17 of the Department exceeds the number of existing 

18 and unused licenses. 

19 (B) EXCEPTION.—The Chief Information 

20 Officer of the Department may allow the pur21 chase of additional licenses and amend the num22 ber of needed licenses as necessary. 

23 (c) GAO REVIEW.—The Comptroller General of the 

24 United States shall review the inventory conducted under 

25 subsection (a) and the plan established under subsection (b). 


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1 (d) SUBMISSION TO CONGRESS.—A copy of each in2 ventory conducted under subsection (a) and each plan estab3 lished under subsection (b) shall be submitted to the Com4 mittee on Homeland Security and Governmental Affairs of 

5 the Senate and the Committee on Homeland Security of the 

6 House of Representatives. 

7 SEC. 215. FINANCIAL MANAGEMENT. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of the enactment of this Act, the Secretary shall submit 

10 to the appropriate congressional committees a Department11 wide financial management strategy. 

12 (b) CONTENTS.—The plan developed and submitted 

13 under subsection (a) shall— 

14 (1) clearly define and document a Department15 wide financial management strategy which shall inte16 grate the financial operations of all Department com17 ponents; 

18 (2) leverage existing best practices from compo19 nent legacy systems that meet expected performance 

20 and functionality targets; 

21 (3) include a detailed plan for consolidating and 

22 migrating various Department components to the new 

23 system; 

24 (4) implement specific processes to minimize 

25 project risk, including requirements management, 


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1 testing, data conversion and system interfaces, risk 

2 management, configuration management, project 

3 management, quality assurance and internal controls; 

4 (5) consider key human capital practices to en5 sure that financial management transformation ef6 forts are properly staffed with appropriately skilled 

7 employees; 

8 (6) clearly define the Department’s strategy for 

9 obtaining reliable auditable financial reporting and 

10 compliance with Federal financial laws and regula11 tions; and 

12 (7) develop an approach for obtaining reliable 

13 information on the costs of its financial management 

14 systems investments. 

15 (c) GOVERNMENT ACCOUNTABILITY OFFICE.—Not 

16 later than 270 days after the date of the enactment of this 

17 Act, the Comptroller General of the United States shall sub18 mit to Congress a report that contains— 

19 (1) the review and comments of the Comptroller 

20 General on the plan under subsection (a); 

21 (2) an evaluation of whether the plan under sub22 section (a) complies with and includes the implemen23 tation of prior Government Accountability Office rec24 ommendations regarding Department financial man25 agement; and 


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1 (3) recommendations regarding any additional 

2 actions necessary to address existing financial inter3 nal control weaknesses and achieve financial manage4 ment integration. 

5 TITLE III—INFORMATION SHAR6 ING AND INTELLIGENCE 

7 ANALYSIS 

8 SEC. 301. DEPARTMENT OF HOMELAND SECURITY NA9 TIONAL NETWORK OF FUSION CENTERS INI10 TIATIVE. 

11 (a) AMENDMENTS TO ESTABLISH NETWORK.— 

12 (1) AMENDMENTS.—Section 210A of the Home13 land Security Act of 2002 (6 U.S.C. 124h) is amend14 ed— 

15 (A) by striking the section heading and in16 serting the following: 

17 ‘‘SEC. 210A. DEPARTMENT OF HOMELAND SECURITY NA18 TIONAL NETWORK OF FUSION CENTERS INI19 TIATIVE.’’; 

20 (B) in subsection (a), by striking ‘‘a De21 partment of Homeland Security State, Local, 

22 and Regional Fusion Center Initiative to estab23 lish partnerships with State, local, and regional 

24 fusion centers’’ and inserting ‘‘a Department of 

25 Homeland Security National Network of Fusion 


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1 Centers Initiative to establish partnerships with 

2 State and major urban area fusion centers’’; 

3 (C) by amending subsection (b) to read as 

4 follows: 

5 ‘‘(b) INTERAGENCY SUPPORT AND COORDINATION.— 

6 Through the Department of Homeland Security National 

7 Network of Fusion Centers Initiative, principal officials of 

8 participating State and major urban area fusion centers, 

9 and the officers designated as the Homeland Security Advi10 sors of the States, the Secretary shall— 

11 ‘‘(1) coordinate with other Federal departments 

12 and agencies to provide operational and intelligence 

13 advice and assistance to the National Network of Fu14 sion Centers; 

15 ‘‘(2) support the integration of State and major 

16 urban area fusion centers into the information shar17 ing environment and the National Prevention Frame18 work as required by Presidential Policy Directive 8; 

19 ‘‘(3) oversee the maturation and sustainment of 

20 the National Network of Fusion Centers, including the 

21 development of a fusion center performance manage22 ment program and exercises to assess the capability 

23 of individual fusion centers, the statewide fusion proc24 ess, and the national network; 


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1 ‘‘(4) reduce inefficiencies and maximize the effec2 tiveness of Federal resource support; 

3 ‘‘(5) develop criteria for designating fusion cen4 ters that enables the most effective allocation of Fed5 eral resources and aligns with priorities of the De6 partment as determined by the Secretary; 

7 ‘‘(6) coordinate with the Nationwide Suspicious 

8 Activity Reporting Initiative to ensure information 

9 within the scope of the information sharing environ10 ment created under section 1016 of the Intelligence 

11 Reform and Terrorism Prevention Act of 2004 (6 

12 U.S.C. 485) gathered by the National Network of Fu13 sion Centers is incorporated into the Department’s in14 formation resources; 

15 ‘‘(7) provide management guidance and assist16 ance to the National Network of Fusion Centers; 

17 ‘‘(8) serve as a point of contact for and effective 

18 dissemination of information within the scope of such 

19 information sharing environment to the National Net20 work of Fusion Centers; 

21 ‘‘(9) serve as the single point of contact to ensure 

22 the close communication and coordination between the 

23 National Network of Fusion Centers and the Depart24 ment; 


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1 ‘‘(10) provide the National Network of Fusion 

2 Centers with expertise on Department resources and 

3 operations; 

4 ‘‘(11) coordinate the provision of training and 

5 technical assistance to the National Network of Fu6 sion Centers and encourage fusion centers in such 

7 Network to participate in terrorism threat-related ex8 ercises conducted by the Department; 

9 ‘‘(12) ensure, to the greatest extent practicable, 

10 that support to fusion centers in such network is re11 flected as a national priority in all applicable grant 

12 guidance; 

13 ‘‘(13) ensure that each fusion center in such net14 work has a privacy policy approved by the Chief Pri15 vacy Officer of the Department; and 

16 ‘‘(14) carry out such other duties as the Sec17 retary determines are appropriate.’’; 

18 (D) in subsection (c), by striking so much 

19 as precedes paragraph (3)(B) and inserting the 

20 following: 

21 ‘‘(c) RESOURCE ALLOCATION.— 

22 ‘‘(1) RESPONSIBILITIES OF UNDER SEC23 RETARY.— 

24 ‘‘(A) IN GENERAL.—The Under Secretary 

25 for Intelligence and Analysis shall— 


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1 ‘‘(i) lead Department efforts to ensure 

2 fusion centers in the Network are the pri3 mary focal points for the sharing of ter4 rorism-related information with State and 

5 local entities; and 

6 ‘‘(ii) ensure that, as appropriate, oper7 ational, programmatic, and administrative 

8 resources, including intelligence officers, in9 telligence analysts, reporting officers, and 

10 other liaisons from components of the De11 partment are provided to qualifying State 

12 and major urban area fusion centers. 

13 ‘‘(B) GRANT GUIDANCE.—The Under Sec14 retary for Intelligence and Analysis shall provide 

15 guidance on fusion centers to the Administrator 

16 of the Federal Emergency Management Agency 

17 in accordance with the memorandum of under18 standing required under section 210F. 

19 ‘‘(2) SOURCES OF SUPPORT.— 

20 ‘‘(A) IN GENERAL.—Resources allocated 

21 under this subsection to fusion centers in the 

22 Network shall be provided by the following De23 partment components and offices, in coordina24 tion with the respective component head and in 


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1 consultation with the principal officials of fusion 

2 centers in the Network: 

3 ‘‘(i) The Office of Intelligence and 

4 Analysis. 

5 ‘‘(ii) The Office of Infrastructure Pro6 tection. 

7 ‘‘(iii) The Transportation Security Ad8 ministration. 

9 ‘‘(iv) U.S. Customs and Border Protec10 tion. 

11 ‘‘(v) U.S. Immigration and Customs 

12 Enforcement. 

13 ‘‘(vi) The Coast Guard. 

14 ‘‘(vii) The Privacy Office of the De15 partment. 

16 ‘‘(viii) The Office for Civil Rights and 

17 Civil Liberties of the Department. 

18 ‘‘(ix) Other components or offices of the 

19 Department, as determined by the Sec20 retary. 

21 ‘‘(B) COORDINATION WITH OTHER FEDERAL

22 AGENCIES.—The Under Secretary for Intelligence 

23 and Analysis shall coordinate with appropriate 

24 officials throughout the Federal government to 


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1 ensure the relevant deployment of representatives 

2 of other Federal departments and agencies. 

3 ‘‘(3) RESOURCE ALLOCATION CRITERIA.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 make available criteria for allocating resources 

6 referred to in paragraph (1)(A)(ii) to any fusion 

7 center in the Network.’’; 

8 (E) in subsection (c)(3)(B), by striking 

9 ‘‘and’’ after the semicolon at the end of clause 

10 (iv), by striking the period at the end of clause 

11 (v) and inserting ‘‘; and’’, and by adding at the 

12 end the following: 

13 ‘‘(vi) whether the fusion center has pri14 vacy protections in place that are deter15 mined to be at least as comprehensive as the 

16 Federal information sharing environment 

17 privacy guidelines in effect on the date of 

18 the enactment.’’; 

19 (F) in subsection (e)— 

20 (i) by amending paragraph (1) to read 

21 as follows: 

22 ‘‘(1) IN GENERAL.—The Secretary shall make it 

23 a priority to allocate resources, including deployed 

24 personnel, under this section from U.S. Customs and 

25 Border Protection, U.S. Immigration and Customs 


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1 Enforcement, and the Coast Guard to participating 

2 State and major urban area fusion centers located in 

3 jurisdictions along land or maritime borders of the 

4 United States in order to enhance the integrity of and 

5 security at such borders by helping Federal, State, 

6 local, and tribal law enforcement authorities to iden7 tify, investigate, and otherwise interdict persons, 

8 weapons, and related contraband that pose a threat to 

9 homeland security.’’; and 

10 (ii) in paragraph (2), by striking 

11 ‘‘participating State, local, and regional fu12 sion centers’’ and inserting ‘‘participating 

13 State and major urban area fusion centers’’; 

14 (G) by redesignating subsections (f), (g), 

15 (h), (i), (j), and (k) as subsections (g), (h), (i), 

16 (j), (k), and (l), respectively, and inserting after 

17 subsection (e) the following new subsection: 

18 ‘‘(f) MASS TRANSIT INTELLIGENCE PRIORITY.— 

19 ‘‘(1) IN GENERAL.—To the greatest extent prac20 ticable, the Secretary shall, under this section, assign 

21 personnel with expertise in security of mass transit 

22 systems to participating State and major urban area 

23 fusion centers located in high-risk jurisdictions with 

24 mass transit systems. 


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1 ‘‘(2) MASS TRANSIT INTELLIGENCE PRODUCTS.— 

2 In performing the responsibilities under subsection 

3 (d), officers and intelligence analysts assigned to fu4 sion centers in the Network shall, as a primary re5 sponsibility, create mass transit intelligence products 

6 that— 

7 ‘‘(A) assist State, local, and tribal law en8 forcement agencies in detecting and interdicting 

9 terrorists, weapons of mass destruction, and re10 lated contraband traveling on mass transit sys11 tems or targeting mass transit systems; 

12 ‘‘(B) promote consistent and timely sharing 

13 of mass transit security-relevant information 

14 among jurisdictions with mass transit systems; 

15 and 

16 ‘‘(C) enhance the Department’s situational 

17 awareness of the threat of acts of terrorism at or 

18 involving mass transit systems. 

19 ‘‘(3) DECONFLICTION.—In performing the re20 sponsibilities under subsection (d), officers and intel21 ligence analysts assigned to fusion centers in the Net22 work shall assist Federal, State, local, and tribal law 

23 enforcement authorities overseeing the security of 

24 mass transit systems with resolving conflicting threat 


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1 information provided by Federal Government 

2 sources.’’; 

3 (H) by amending subsection (j), as so redes4 ignated, to read as follows: 

5 ‘‘(j) GUIDELINES.—The Secretary, in consultation 

6 with the Attorney General, shall— 

7 ‘‘(1) ensure the consistent application of guid8 ance for identifying baseline capabilities and oper9 ational standards that must be achieved by a fusion 

10 center to participate in the Network; and 

11 ‘‘(2) ensure that such guidance aligns with and 

12 is mutually supportive of the role of fusion centers in 

13 the National Prevention Framework.’’; and 

14 (I) in subsection (l), as so redesignated, by 

15 striking ‘‘subsection (i)’’ and inserting ‘‘sub16 section (j)’’. 

17 (2) CLERICAL AMENDMENT.—The table of con18 tents in section 1(b) of such Act is amended by strik19 ing the item relating to such section and inserting the 

20 following: 

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

21 (b) MEMORANDUM OF UNDERSTANDING ON FUSION

22 CENTERS.— 


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1 (1) IN GENERAL.—Subtitle A of title II of the 

2 Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) 

3 is amended by adding at the end the following: 

4 ‘‘SEC. 210G. MEMORANDUM OF UNDERSTANDING ON FU5 SION CENTERS. 

6 ‘‘The Administrator of the Federal Emergency Man7 agement Agency shall enter into a memorandum of under8 standing with the Under Secretary for Intelligence and 

9 Analysis that delineates the roles and responsibilities of 

10 their respective organizations with respect to policy and 

11 guidance for fusion center-related expenditures with grant 

12 funds.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents in section 1(b) of such Act is amended by add15 ing at the end of the items relating to such subtitle 

16 the following: 

‘‘Sec. 210G. Memorandum of understanding on fusion centers.’’. 

17 SEC. 302. HOMELAND SECURITY INFORMATION SHARING 

18 NETWORKS DEVELOPMENT. 

19 (a) STRATEGY.—Within 180 days after the date of the 

20 enactment of this Act, the Secretary of Homeland Security 

21 shall develop a comprehensive strategy for the coordinated 

22 development and deployment of unclassified, sensitive but 

23 unclassified, and classified information sharing computer 

24 networks of the Department of Homeland Security. 

25 (b) PLAN.— 


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1 (1) IN GENERAL.—The strategy under subsection 

2 (a) shall include a comprehensive plan for the further 

3 development, acquisition, and deployment, and con4 tinual operations of— 

5 (A) the Homeland Security Information 

6 Network; 

7 (B) the Homeland Secure Data Network; 

8 and 

9 (C) the Homeland Top Secret Network. 

10 (2) CONTENTS.—The plan shall include the fol11 lowing: 

12 (A) cost estimates for the further develop13 ment of the networks identified in paragraph 

14 (1); 

15 (B) development and acquisition schedules; 

16 (C) a schedule for the decommissioning the 

17 legacy C–LAN system and transition to the 

18 Homeland Top Secret Network; 

19 (D) a comprehensive list of systems require20 ments that meet strategic goals and Department21 wide operational and analytical mission require22 ments; 

23 (E) a plan for standardizing and properly 

24 disseminating the networks across the Depart25 ment; 


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1 (F) consideration for any homeland security 

2 computer system or database not listed in para3 graph (1) that is currently in development or in 

4 operation in any component or office of the De5 partment and that should be merged with or in6 corporated into one of the networks listed in 

7 paragraph (1) to eliminate redundancy, and a 

8 schedule for such merger or incorporation; and 

9 (G) a comprehensive plan for the coordi10 nated deployment of the systems listed in para11 graph (1), as considered appropriate by the Sec12 retary, to— 

13 (i) the Department of Homeland Secu14 rity Headquarters offices; 

15 (ii) the Department of Homeland Secu16 rity component headquarters; 

17 (iii) the field elements of Department 

18 of Homeland Security components; 

19 (iv) the National Network of Fusion 

20 Centers; 

21 (v) State and local government entities; 

22 and 

23 (vi) other Federal departments and 

24 agencies. 


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1 (c) REPORTING REQUIREMENT.—The Secretary shall 

2 report the strategy required by subsection (a) to the congres3 sional homeland security committees within 30 days after 

4 it is completed. 

5 SEC. 303. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGE6 MENT AT THE DEPARTMENT OF HOMELAND 

7 SECURITY INTELLIGENCE ELEMENTS. 

8 (a) IN GENERAL.—The Homeland Security Act of 

9 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

10 section 845 the following: 

11 ‘‘SEC. 846. AUTHORITY TO ESTABLISH EXCEPTED SERVICE 

12 POSITIONS WITHIN THE INTELLIGENCE COM13 PONENTS OF THE DEPARTMENT OF HOME14 LAND SECURITY. 

15 ‘‘(a) AUTHORITY.—The Secretary of Homeland Secu16 rity may convert both unencumbered and encumbered com17 petitive service positions, and the incumbents of any such 

18 positions, within the elements of the intelligence community 

19 within the Department of Homeland Security, to excepted 

20 service positions as the Secretary determines necessary to 

21 carry out the intelligence functions of the Department. 

22 ‘‘(b) INCUMBENTS.—Any incumbent currently occu23 pying a position selected to be converted to the excepted 

24 service under this section shall have the right to refuse such 

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1 sition, the position may be converted to the excepted serv2 ice.’’. 

3 (b) REPORTING.—The Secretary shall include infor4 mation, together with submission of the annual budget jus5 tification, on the following: 

6 (1) the challenge with filling vacancies of the po7 sitions referenced in subsection (a); 

8 (2) the extent to which the authority provided 

9 under subsection (a) was utilized to fill those posi10 tions; and 

11 (3) any impact that the exercise of that author12 ity had on diversity within the Department. 

13 (c) CLERICAL AMENDMENT.—The table of contents in 

14 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

15 101(b)) is amended by inserting after the item relating to 

16 section 845 the following: 

‘‘Sec. 846. Authority to establish excepted service positions within the intelligence 

components of the Department of Homeland Security.’’. 

17 SEC. 304. SUPPORT AND OVERSIGHT OF FUSION CENTERS. 

18 To ensure that the Department, as the lead Federal 

19 agency with responsibility for supporting fusion centers, is 

20 maximizing the utility of Federal funding awarded to fu21 sion centers through the Homeland Security Grant Pro22 gram, as a means of justifying support to fusion centers 

23 in subsequent fiscal years, the Inspector General shall, with24 in 180 days of the date of the enactment of this Act, submit 


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1 to Congress a report. The report shall include each of the 

2 following: 

3 (1) An audit of Federal homeland security grant 

4 funding awarded to fusion centers, to measure the ex5 tent to which the funding is used to achieve measur6 able homeland security outcomes, including filling 

7 gaps in critical baseline capabilities. 

8 (2) An assessment of the processes in place at the 

9 Department designed to track and measure the effec10 tiveness of grant funding to fusion centers, including 

11 an evaluation of the extent to which the Office of In12 telligence and Analysis and the Federal Emergency 

13 Management Agency coordinate to design and imple14 ment effective grant guidance and conduct proper 

15 oversight of the grant funding to fusion centers. 

16 (3) An assessment of the processes in place at the 

17 Department designed to track and measure the effec18 tiveness of grant funding to fusion centers, including 

19 an evaluation of the extent to which the fusion center 

20 considers privacy, civil rights, and civil liberties in 

21 the selection of contractors, trainers, and other per22 sonnel that provide advice and guidance to the fusion 

23 centers. 

24 (4) An assessment to determine whether each fu25 sion center has privacy protections in place that are 


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1 determined to be at least as comprehensive as the Fed2 eral information sharing environment privacy guide3 lines in effect on the date of enactment. 

4 (5) Recommendations on the development and 

5 implementation of a metrics program for the Federal 

6 Emergency Management Agency to measure the effi7 cacy of grant funding to fusion centers. 

8 SEC. 305. AUDIT ON PRIVACY AND CIVIL LIBERTIES AND UP9 DATE ON PRIVACY AND CIVIL LIBERTIES IM10 PACT ASSESSMENTS. 

11 (a) INSPECTOR GENERAL AUDIT.—Not later than 1 

12 year after the date of the enactment of this Act, the Inspec13 tor General of the Department shall— 

14 (1) conduct an audit on the activities of the De15 partment to ensure that State and local fusion centers 

16 take appropriate measures to protect privacy and 

17 civil liberties, including through the implementation 

18 of training programs and support for the development 

19 of fusion center privacy policies; and 

20 (2) submit a report on the results of that audit 

21 to the Homeland Security and Governmental Affairs 

22 Committee of the Senate and the Committee on 

23 Homeland Security of the House of Representatives. 


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1 (b) PRIVACY IMPACT ASSESSMENT.—Not later than 

2 180 days after the date of the enactment of this Act, the 

3 Privacy Officer of the Department shall— 

4 (1) update the Privacy Impact Assessment for 

5 the State, Local, and Regional Fusion Center Initia6 tive completed in 2008 in accordance with the re7 quirements of section 511(d)(2) of the Implementing 

8 Recommendations of the 9/11 Commission Act of 2007 

9 in order to reflect the evolution of State and local fu10 sion centers since that date; and 

11 (2) submit the updated assessment to the Home12 land Security and Governmental Affairs Committee 

13 of the Senate and the Committee on Homeland Secu14 rity of the House of Representatives. 

15 (c) CIVIL LIBERTIES IMPACT ASSESSMENT.—Not later 

16 than 180 days after the date of the enactment of this Act, 

17 the Officer for Civil Liberties and Civil Rights of the De18 partment shall— 

19 (1) update the Civil Liberties Impact Assessment 

20 for the State, Local and Regional Fusion Center Ini21 tiative completed in 2008 in accordance with the re22 quirements of section 511(d)(2) of the Implementing 

23 Recommendations of the 9/11 Commission Act of 2007 

24 in order to reflect the evolution of State and local fu25 sion centers since that date; and 


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1 (2) submit the updated assessment to the Home2 land Security and Governmental Affairs Committee 

3 of the Senate and the Committee on Homeland Secu4 rity of the House of Representatives. 

5 TITLE IV—9/11 REVIEW 

6 COMMISSION 

7 SEC. 401. SHORT TITLE. 

8 This title may be cited as the ‘‘9/11 Review Commis9 sion Act’’. 

10 SEC. 402. ESTABLISHMENT. 

11 There is established in the legislative branch a Na12 tional Commission to Review the National Response Since 

13 the Terrorist Attacks of September 11, 2001 (referred to as 

14 the ‘‘9/11 Review Commission’’). 

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

16 The 9/11 Review Commission shall conduct a com17 prehensive review of the implementation of the rec18 ommendations proposed in the report issued by the Na19 tional Commission on Terrorist Attacks Upon the United 

20 States (commonly known as the ‘‘9/11 Commission’’), as es21 tablished pursuant to section 601 of the Intelligence Author22 ization Act for Fiscal Year 2003 (Public Law 107–306). 

23 The review of the 9/11 Review Commission shall— 

24 (1) assess the progress and challenges in carrying 

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1 cluding any relevant legislation, executive order, regu2 lation, plan, policy, practice, or procedure imple3 mented since the attacks of September 11, 2001; 

4 (2) analyze the trends of domestic terror attacks 

5 since the attacks of September 11, 2001, including the 

6 growing influence of domestic radicalization and its 

7 causes, and recommendations on how Federal, State, 

8 and local agencies can deter and mitigate such 

9 radicalization; 

10 (3) investigate whether there exists evidence that 

11 was not considered by the 9/11 Commission of any 

12 conduct, relationships, or other factors which served 

13 in any manner to contribute to, facilitate, support, or 

14 assist the hijackers who carried out the terrorist at15 tacks of September 11, 2001; and 

16 (4) provide additional recommendations with re17 gard to protecting United States homeland security, 

18 ensuring interagency intelligence sharing, and other 

19 matters relating to counterterrorism policy. 

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

21 The 9/11 Review Commission shall be composed of a 

22 chairman, to be appointed by the Speaker of the House of 

23 Representatives, and a vice chairman, to be appointed by 

24 the Majority Leader of the Senate. 


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

2 (a) HEARINGS AND EVIDENCE.—The 9/11 Review 

3 Commission, or any panel acting on the authority of the 

4 9/11 Review Commission, may— 

5 (1) hold hearings, take testimony, receive evi6 dence, and administer oaths; and 

7 (2) subject to subsection (b)(1), require, by sub8 poena or otherwise, the attendance and testimony of 

9 such witnesses and the production of such books, 

10 records, correspondence, memoranda, electronic com11 munications, papers, and documents, as the 9/11 Re12 view Commission or such designated panel may deter13 mine advisable. 

14 (b) SUBPOENA AUTHORITY.— 

15 (1) ISSUANCE.—Upon the agreement of the 

16 chairman and the vice chairman, the chairman may 

17 issue a subpoena to compel the production of docu18 ments or sworn testimony. 

19 (2) PROCESS.—Subpoenas issued pursuant to 

20 this subsection shall be signed by the chairman or any 

21 person designated by the chairman, and may be 

22 served by any person designated by the chairman. 

23 (3) ENFORCEMENT.— 

24 (A) IN GENERAL.—In the event that any 

25 person fails to obey a subpoena issued pursuant 

26 to paragraph (1), the United States district 


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1 court for the judicial district in which the sub2 poenaed person resides, is served, or may be 

3 found, or where the subpoena is returnable, may 

4 issue an order requiring such person to appear 

5 at any designated place to testify or to produce 

6 documentary or other evidence. Any person fail7 ing to obey the order of the court may be held 

8 in contempt of the court. 

9 (B) ADDITIONAL ENFORCEMENT.—In the 

10 case of any failure of any witness to comply with 

11 any subpoena or to testify when summoned 

12 under authority of this section, the chairman 

13 may certify a statement of fact constituting such 

14 failure to the appropriate United States attor15 ney, who may bring the matter before the grand 

16 jury for its action, under the same statutory au17 thority and procedures as if the United States 

18 attorney had received a certification under sec19 tions 102 through 104 of the Revised Statutes of 

20 the United States (2 U.S.C. 192–194). 

21 (c) INFORMATION FROM FEDERAL AGENCIES.— 

22 (1) IN GENERAL.—The 9/11 Review Commission 

23 is authorized to secure directly from any executive de24 partment, bureau, agency, board, commission, office, 

25 independent establishment, or instrumentality of the 


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1 Government, information, suggestions, estimates, and 

2 statistics for the purposes of this title. Each such de3 partment, bureau, agency, board, commission, office, 

4 independent establishment, or instrumentality shall, 

5 to the extent authorized by law, furnish such informa6 tion, suggestions, estimates, and statistics directly to 

7 the 9/11 Review Commission, upon request made by 

8 the chairman or the vice chairman. 

9 (2) RECEIPT, HANDLING, STORAGE, AND DIS10 SEMINATION.—Information shall only be received, 

11 handled, stored, and disseminated by the 9/11 Review 

12 Commission, including its staff, in accordance with 

13 all applicable statutes, regulations, and Executive or14 ders. 

15 (d) ADVISORY PANELS.—The chairman may establish 

16 advisory panels composed of individuals, including such ex17 perts as the chairman determines appropriate, who may 

18 undertake investigations, evaluate evidence, make findings, 

19 and provide recommendations to the 9/11 Review Commis20 sion. 

21 (e) CONTRACTING.—The 9/11 Review Commission 

22 may, to such extent and in such amounts as are provided 

23 by appropriations, enter into contracts to enable the Com24 mission to discharge its duties under this title. 

25 (f) ASSISTANCE FROM FEDERAL AGENCIES.— 


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1 (1) GENERAL SERVICES ADMINISTRATION.—The 

2 Administrator of General Services shall provide to the 

3 9/11 Review Commission, on a reimbursable basis, 

4 administrative support and other services for the per5 formance of the 9/11 Review Commission’s functions. 

6 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

7 addition to the assistance prescribed in paragraph 

8 (1), the heads of Federal departments and agencies 

9 may provide to the 9/11 Review Commission such 

10 services, funds, facilities, staff, and other support 

11 services as such heads determine advisable and as 

12 may be authorized by law. 

13 (g) POSTAL SERVICES.—The 9/11 Review Commission 

14 may use the United States mails in the same manner and 

15 under the same conditions as Federal departments and 

16 agencies. 

17 SEC. 406. COMPENSATION. 

18 The chairman and vice chairman of the 9/11 Review 

19 Commission may receive compensation in an amount not 

20 to exceed the daily equivalent of the annual rate of basic 

21 pay in effect for a position at level IV of the Executive 

22 Schedule under section 5315 of title 5, United States Code, 

23 for each day during which the chairman or vice chairman, 

24 as the case may be, is engaged in the actual performance 

25 of the duties of the 9/11 Review Commission. 


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1 SEC. 407. APPOINTMENT OF STAFF. 

2 (a) IN GENERAL.—The chairman, in consultation with 

3 the vice chairman and in accord with any rule agreed upon 

4 by the 9/11 Review Commission, may appoint and fix the 

5 compensation of a staff director and such other personnel 

6 as may be necessary to enable the 9/11 Review Commission 

7 to carry out its functions, without regard to the provisions 

8 of title 5, United States Code, governing appointments in 

9 the competitive service, and without regard to the provisions 

10 of chapter 51 and subchapter III of chapter 53 of such title 

11 relating to classification and General Schedule pay rates, 

12 except that no rate of pay fixed under this subsection may 

13 exceed the equivalent of that payable for a position at level 

14 V of the Executive Schedule under section 5316 of title 5, 

15 United States Code. 

16 (b) TRAVEL EXPENSES.—While away from their 

17 homes or regular places of business in the performance of 

18 services for the 9/11 Review Commission, members and staff 

19 of the Commission shall be allowed travel expenses, includ20 ing per diem in lieu of subsistence, in the same manner 

21 as persons employed intermittently in the Government serv22 ice are allowed expenses under section 5703(b) of title 5, 

23 United States Code. 

24 (c) STAFF AS FEDERAL EMPLOYEES.— 

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1 tion 2105 of title 5, United States Code, for purposes 

2 of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such 

3 title. 

4 (2) MEMBERS OF COMMISSION.—Paragraph (1) 

5 shall not be construed to apply to the chairman or 

6 vice chairman. 

7 (d) DETAILEES.—Any Federal Government employee 

8 may be detailed to the 9/11 Review Commission without 

9 reimbursement from the 9/11 Review Commission, and such 

10 detailee shall retain the rights, status, and privileges of his 

11 or her regular employment without interruption. 

12 (e) CONSULTANT SERVICES.—The 9/11 Review Com13 mission is authorized to procure the services of experts and 

14 consultants in accordance with section 3109 of title 5, 

15 United States Code, but at rates not to exceed the daily 

16 rate paid to a person occupying a position at level IV of 

17 the Executive Schedule under section 5315 of title 5, United 

18 States Code. 

19 SEC. 408. SECURITY CLEARANCES FOR COMMISSION MEM20 BERS AND STAFF. 

21 The appropriate Federal agencies or departments shall 

22 provide to the 9/11 Review Commission, to the extent pos23 sible, personnel with appropriate security clearances. No 

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1 tion under this title without the appropriate security clear2 ances. 

3 SEC. 409. NONAPPLICABILITY OF FEDERAL ADVISORY COM4 MITTEE ACT. 

5 (a) IN GENERAL.—The Federal Advisory Committee 

6 Act (5 U.S.C. App.) shall not apply to the 9/11 Review 

7 Commission. 

8 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC

9 VERSIONS OF REPORTS.—The 9/11 Review Commission 

10 shall— 

11 (1) hold public hearings and meetings to the ex12 tent appropriate; and 

13 (2) release public versions of the reports required 

14 under this title. 

15 (c) PUBLIC HEARINGS.—Any public hearings of the 9/ 

16 11 Review Commission shall be conducted in a manner con17 sistent with the protection of information provided to or 

18 developed for or by the 9/11 Review Commission as required 

19 by any applicable statute, regulation, or Executive order. 

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

21 (a) INTERIM REPORTS.—The 9/11 Review Commission 

22 may submit to the President and provide to Congress in23 terim reports containing its findings, conclusions, and rec24 ommendations, and may submit with such reports any clas25 sified annexes. 


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1 (b) FINAL REPORT.—Not later than 12 months after 

2 the date of the enactment of this Act, the 9/11 Review Com3 mission shall submit to the President and appropriate con4 gressional committees (as such term is defined in section 

5 101 of the Homeland Security Act of 2002 (6 U.S.C. 101)) 

6 a final report, together with a classified annex if such is 

7 determined appropriate, containing such findings, conclu8 sions, and recommendations for corrective measures as have 

9 been agreed to by the chairman and vice chairman. 

10 (c) TERMINATION.— 

11 (1) IN GENERAL.—The 9/11 Review Commission, 

12 and all the authorities of this title, shall terminate 30 

13 days after the date on which the final report is sub14 mitted under subsection (b). 

15 (2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI16 NATION.—The 9/11 Review Commission may use the 

17 30-day period referred to in paragraph (1) for the 

18 purpose of concluding its activities, including pro19 viding testimony to Congress concerning its reports 

20 and disseminating the final report. 

21 SEC. 411. FUNDING. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated $1,000,000 to carry out this 

24 title. 


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1 (b) DURATION OF AVAILABILITY.—Amounts made 

2 available to the 9/11 Review Commission under this section 

3 shall remain available until the termination of the 9/11 Re4 view Commission. 

5 TITLE V—PREPAREDNESS AND 

6 RESPONSE 

7 Subtitle A—WMD Preparedness and 

8 Response 

9 SEC. 501. HOMELAND SECURITY BIODEFENSE STRATEGY. 

10 (a) BIODEFENSE REVIEW AND STRATEGY.— 

11 (1) IN GENERAL.—The Homeland Security Act 

12 of 2002 (6 U.S.C. 101 et seq.) is amended by adding 

13 at the end the following new title: 

14 ‘‘TITLE XXI—WEAPONS OF MASS 

15 DESTRUCTION 

16 ‘‘SEC. 2101. BIODEFENSE STRATEGY. 

17 ‘‘(a) IN GENERAL.—The Secretary shall issue, at least 

18 once every four years, a biodefense strategy that establishes 

19 detailed strategic biodefense objectives for the Department’s 

20 mission areas. 

21 ‘‘(b) COMPONENTS.—The strategy shall— 

22 ‘‘(1) delineate those areas of biodefense for which 

23 the Department is explicitly responsible; 

24 ‘‘(2) include an inventory of the Department’s 

25 biodefense capabilities and assets; 


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1 ‘‘(3) be sufficiently detailed to guide 

2 prioritization of Department investments in and stra3 tegic approach to biodefense-related research, develop4 ment, planning, and preparedness; and 

5 ‘‘(4) include an implementation plan to enable 

6 the Department to carry out the objectives contained 

7 in the strategy. 

8 ‘‘(c) ANNUAL REVIEW.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall annually 

10 review the most recent biodefense strategy under this 

11 section to determine any necessary major adjustments 

12 to the strategy. 

13 ‘‘(2) CONSIDERATION OF BIODEFENSE POLICY.— 

14 Each review shall— 

15 ‘‘(A) identify continuing gaps or 

16 vulnerabilities in the Department’s biodefense 

17 posture; 

18 ‘‘(B) make recommendations for refining the 

19 Department’s biodefense investments; and 

20 ‘‘(C) include a detailed analysis of how well 

21 the implementation plan included in the most 

22 recent biodefense strategy is allowing the Depart23 ment to meet the objectives of the biodefense 

24 strategy, with special emphasis on unmet objec25 tives and proposed mechanisms to eliminate 


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1 shortfalls in meeting those objectives, through 

2 budgetary, management, or other refinements. 

3 ‘‘SEC. 2102. SUBMISSIONS TO CONGRESS. 

4 ‘‘The Secretary shall submit each biodefense strategy 

5 and annual biodefense strategy review under this title to 

6 the appropriate congressional committees.’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents in section 1(b) of such Act is amended by add9 ing at the end the following: 

‘‘TITLE XXI—WEAPONS OF MASS DESTRUCTION 

‘‘Sec. 2101. Biodefense strategy. 

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

10 (b) DEADLINE FOR FIRST STRATEGY.—The Secretary 

11 of Homeland Security shall complete the first biodefense 

12 strategy under section 2101 of the Homeland Security Act 

13 of 2002, as amended by this section, by not later than one 

14 year after the date of enactment of this Act. 

15 SEC. 502. WEAPONS OF MASS DESTRUCTION INTELLIGENCE 

16 AND INFORMATION SHARING. 

17 (a) IN GENERAL.—Title XXI of the Homeland Secu18 rity Act of 2002, as added by section 501 of this Act, is 

19 amended by adding at the end the following: 

20 ‘‘SEC. 2103. WEAPONS OF MASS DESTRUCTION INTEL21 LIGENCE AND INFORMATION SHARING. 

22 ‘‘(a) IN GENERAL.—The Office of Intelligence and 

23 Analysis of the Department shall— 


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1 ‘‘(1) support homeland security-focused intel2 ligence analysis of terrorist actors, their claims, and 

3 their plans to conduct attacks involving chemical, bio4 logical, radiological, and nuclear materials against 

5 the Nation; 

6 ‘‘(2) support homeland security-focused intel7 ligence analysis of global infectious disease, public 

8 health, food, agricultural, and veterinary issues; 

9 ‘‘(3) support homeland-security focused risk 

10 analysis and risk assessments of the homeland secu11 rity hazards described in paragraphs (1) and (2) by 

12 providing relevant quantitative and nonquantitative 

13 threat information; 

14 ‘‘(4) leverage existing and emerging homeland se15 curity capabilities and structures to enhance preven16 tion, protection, response, and recovery efforts with 

17 respect to a chemical, biological, radiological, or nu18 clear attack; 

19 ‘‘(5) share information and provide tailored ana20 lytical support on these threats to State, local, and 

21 tribal authorities; and 

22 ‘‘(6) perform other responsibilities, as assigned 

23 by the Secretary. 

24 ‘‘(b) COORDINATION.—Where appropriate, the Office of 

25 Intelligence and Analysis shall— 


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1 ‘‘(1) coordinate with other relevant Department 

2 components; 

3 ‘‘(2) consult with others in the Intelligence Com4 munity, including State, local, and tribal authorities, 

5 in particular officials from high-threat areas; and 

6 ‘‘(3) enable such entities to provide recommenda7 tions on optimal information sharing mechanisms, 

8 including expeditious sharing of classified informa9 tion, and on how they can provide information to the 

10 Department. 

11 ‘‘(c) REPORT.— 

12 ‘‘(1) IN GENERAL.—Not later than one year after 

13 the date of the enactment of this section and annually 

14 thereafter, the Secretary shall report to the appro15 priate congressional committees on— 

16 ‘‘(A) the intelligence and information shar17 ing activities under subsection (a) and of all rel18 evant entities within the Department to counter 

19 the threat from weapons of mass destruction; and 

20 ‘‘(B) the Department’s activities in accord21 ance with relevant intelligence strategies. 

22 ‘‘(2) ASSESSMENT OF IMPLEMENTATION.—The 

23 report shall include— 


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1 ‘‘(A) a description of methods established to 

2 assess progress of the Office of Intelligence and 

3 Analysis in implementing this section; and 

4 ‘‘(B) such assessment.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents in 

6 section 1(b) of such Act is further amended by adding at 

7 the end of the items relating to such title the following: 

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

8 SEC. 503. RISK ASSESSMENTS. 

9 (a) IN GENERAL.—Title XXI of the Homeland Secu10 rity Act of 2002, as added by section 501 of this Act, is 

11 amended by adding at the end the following: 

12 ‘‘SEC. 2104. RISK ASSESSMENTS. 

13 ‘‘(a) IN GENERAL.—The Secretary, acting through the 

14 Under Secretary for Science and Technology and in coordi15 nation with relevant Department components and other ap16 propriate Federal departments and agencies, shall— 

17 ‘‘(1) produce and update periodically a ter18 rorism risk assessment of chemical, biological, radio19 logical, and nuclear threats; and 

20 ‘‘(2) produce and update periodically an inte21 grated terrorism risk assessment that assesses all of 

22 those threats and compares them against one another 

23 according to their relative risk. 

24 ‘‘(b) METHODOLOGY.— 

25 ‘‘(1) IN GENERAL.—The Secretary shall— 


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1 ‘‘(A) convene an interagency task force of 

2 relevant subject matter experts to assess the pro3 posed methodology to be used for assessments re4 quired under subsection (a), and to provide rec5 ommendations to the Secretary as to the ade6 quacy of such methodology; 

7 ‘‘(B) conduct sensitivity analysis on each 

8 assessment to identify and prioritize research ac9 tivities to close knowledge gaps; and 

10 ‘‘(C) consider the evolving threat from an 

11 intelligent adversary. 

12 ‘‘(2) INCLUSION IN ASSESSMENT.—Each assess13 ment under subsection (a) shall include a description 

14 of the methodology used for the assessment. 

15 ‘‘(c) USAGE.—The assessments required under sub16 section (a) shall be used to inform and guide risk manage17 ment decisions, including— 

18 ‘‘(1) the threat assessments and determinations 

19 by the Secretary regarding agents and toxins pursu20 ant to section 319F–2 of the Public Health Service 

21 Act; 

22 ‘‘(2) allocation of resources for research and de23 velopment for prevention of, protection against, re24 sponse to, and recovery from a chemical, biological, 

25 radiological, or nuclear attack; 


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1 ‘‘(3) prioritization of medical countermeasure re2 search, development, acquisition, and distribution ac3 tivities and other national strategic biodefense re4 search; 

5 ‘‘(4) tailored risk assessments and risk mitiga6 tion studies, as appropriate, on topics such as radio7 logical materials security or the economic risks of a 

8 biological attack; and 

9 ‘‘(5) other homeland security activities as deter10 mined appropriate by the Secretary and the heads of 

11 other agencies. 

12 ‘‘(d) INPUT AND SHARING.—The Secretary shall, for 

13 each assessment required under subsection (a)— 

14 ‘‘(1) seek input from Federal, State, local, and 

15 tribal officials involved in efforts to prevent, protect 

16 against, respond to, and recover from chemical, bio17 logical, radiological, and nuclear threats; 

18 ‘‘(2) ensure that written procedures are in place 

19 to guide the development and review of risk assess20 ments through coordinated efforts of relevant Federal 

21 agencies; 

22 ‘‘(3) share the risk assessments with Federal, 

23 State, local and tribal officials with appropriate secu24 rity clearances and a need for the information in the 

25 classified version; and 


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1 ‘‘(4) to the extent practicable, make available an 

2 unclassified version for Federal, State, local, and trib3 al officials involved in prevention and preparedness 

4 for chemical, biological, radiological, and nuclear 

5 events.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents in 

7 section 1(b) of such Act is further amended by adding at 

8 the end of the items relating to such title the following: 

‘‘Sec. 2104. Risk assessments.’’. 

9 SEC. 504. INDIVIDUAL AND COMMUNITY PREPAREDNESS. 

10 (a) INDIVIDUAL AND COMMUNITY PREPAREDNESS.— 

11 Title V of the Homeland Security Act of 2002 (6 U.S.C. 

12 311 et seq.) is further amended by adding at the end the 

13 following: 

14 ‘‘SEC. 527. INDIVIDUAL AND COMMUNITY PREPAREDNESS. 

15 ‘‘(a) IN GENERAL.—The Administrator shall assist 

16 State, local, and tribal authorities in improving and pro17 moting individual and community preparedness and collec18 tive response to weapons of mass destruction and terrorist 

19 attacks involving chemical, biological, radiological, and nu20 clear materials, including those that cause mass fatalities, 

21 against the United States, by— 

22 ‘‘(1) developing guidance and checklists of rec23 ommended actions for individual and community 

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1 nating such guidance and checklists to communities 

2 and individuals; 

3 ‘‘(2) updating new and existing guidance and 

4 checklists as appropriate; 

5 ‘‘(3) disseminating the guidance developed under 

6 section 510 to communities and individuals, as ap7 propriate; 

8 ‘‘(4) providing information and training mate9 rials in support of individual and community pre10 paredness efforts; 

11 ‘‘(5) conducting individual and community pre12 paredness outreach efforts; and 

13 ‘‘(6) such other actions as the Secretary deter14 mines appropriate. 

15 ‘‘(b) COORDINATION.—Where appropriate, the Sec16 retary shall coordinate with private sector and nongovern17 mental organizations to promote individual and commu18 nity preparedness and collective response to weapons of 

19 mass destruction and terrorist attacks involving chemical, 

20 biological, radiological, and nuclear materials against the 

21 United States. 

22 ‘‘(c) BEST PRACTICES.—In compiling guidance for in23 dividual and community preparedness in order to carry out 

24 subsection (a)(4), the Secretary shall give due regard to best 

25 practices based on the experience of other agencies and 


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1 countries and the expertise of academic institutions and 

2 nongovernmental organizations.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents in 

4 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

5 101 et seq.) is further amended by adding at the end of 

6 the items relating to such title the following: 

‘‘Sec. 527. Individual and community preparedness.’’. 

7 SEC. 505. DETECTION OF BIOLOGICAL THREATS. 

8 (a) IN GENERAL.—Title XXI of the Homeland Secu9 rity Act of 2002, as added by section 501 of this Act, is 

10 further amended by adding at the end the following: 

11 ‘‘SEC. 2105. DETECTION OF BIOLOGICAL ATTACKS. 

12 ‘‘(a) PROGRAM.—The Secretary shall carry out a pro13 gram to detect a biological attack or event that poses a high 

14 risk to homeland security. Through such program, the Sec15 retary shall— 

16 ‘‘(1) deploy detection capabilities to areas, based 

17 on risks identified by Department assessments, to in18 dicate the presence of biological agents; 

19 ‘‘(2) consider multiple deployment strategies in20 cluding surge capability; 

21 ‘‘(3) provide information to participating lab22 oratories and programs for their use in monitoring 

23 public health, and biological material or other data 

24 from those detectors to participating laboratories and 

25 programs for testing and evaluation; 


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1 ‘‘(4) regularly communicate with, and provide 

2 information about the presence of biological agents to, 

3 appropriate Federal, State, and local agencies respon4 sible for public health, law enforcement, and emer5 gency services, in a manner that ensures trans6 parency with the governments served by such per7 sonnel; 

8 ‘‘(5) provide advanced planning tools, concepts of 

9 operations (including alarm resolution protocols and 

10 response guidance), and training exercises (including 

11 in collaboration with relevant national level exercises) 

12 for collective response to and recovery from biological 

13 attacks; and 

14 ‘‘(6) provide technical assistance to jurisdictions 

15 hosting the program to improve their ability to re16 spond to a detected pathogen. 

17 ‘‘(b) PROGRAM REQUIREMENTS.—Under the program 

18 required under subsection (a), the Secretary shall— 

19 ‘‘(1) enter into memoranda of agreement or 

20 interagency agreements under the Economy Act of 

21 1933 (31 U.S.C. 1535 et seq.) with the Director of the 

22 Centers of Disease Control and Prevention and the 

23 Administrator of the Environmental Protection Agen24 cy, and the heads of other Federal departments and 

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1 cluding with respect to validating performance and 

2 developing testing protocols for participating labora3 tories and coordination with appropriate State, local, 

4 and tribal agencies; 

5 ‘‘(2) establish criteria for determining whether 

6 plans for biological detector capabilities and coverage 

7 sufficiently protect the United States population, and 

8 make such determinations on an annual basis; 

9 ‘‘(3) acting through the Under Secretary for 

10 Science and Technology, and in consultation with the 

11 heads of other relevant departments and agencies, im12 plement a process for establishing assay performance 

13 standards and evaluation for equivalency for biologi14 cal threat assays, that— 

15 ‘‘(A) evaluates biological threat detection as16 says, their protocols for use, and their associated 

17 response algorithms for confirmation of biologi18 cal threat agents, taking performance measures 

19 and concepts of operation into consideration; 

20 ‘‘(B) develops peer-reviewed assay perform21 ance and equivalency standards based on the 

22 findings of the evaluation under subparagraph 

23 (A); 


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1 ‘‘(C) requires implementation of the stand2 ards developed under subparagraph (B) for all 

3 Department biological detection programs; 

4 ‘‘(D) makes such standards available and 

5 promotes their use to support all other Federal 

6 biological detection programs; and 

7 ‘‘(E) is updated as necessary; 

8 ‘‘(4) prior to obligating funds to acquire bio9 detection systems for purposes of operational testing 

10 and evaluation, require— 

11 ‘‘(A) a determination of the sensitivity and 

12 specificity of the currently deployed biodetection 

13 system; 

14 ‘‘(B) an assessment of the sensitivity and 

15 specificity of the next generation biodetection 

16 system or systems under consideration for acqui17 sition and whether it meets established oper18 ational requirements; 

19 ‘‘(C) provision of all raw data to the 

20 Science and Technology Directorate to enable the 

21 Under Secretary to— 

22 ‘‘(i) conduct a trade-off study com23 paring the results of subparagraphs (A) and 

24 (B); and 


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1 ‘‘(ii) perform a technical readiness as2 sessment in accordance with section 308(b); 

3 and 

4 ‘‘(D) that the findings under subparagraph 

5 (C) inform the cost-benefit analysis under para6 graph (5)(A) and any acquisition decision made 

7 by the Acquisition Review Board under section 

8 708(c) of the biodetection system or systems 

9 under consideration; and 

10 ‘‘(5) prior to acquiring and deploying biodetec11 tion technology, require— 

12 ‘‘(A) a cost-benefit analysis, including an 

13 analysis of alternatives, that shall be informed 

14 by the terrorism risk assessments under section 

15 503; 

16 ‘‘(B) operational testing and evaluation; 

17 ‘‘(C) operational assessment by the end 

18 users of the technology; and 

19 ‘‘(D) the Department, other relevant execu20 tive agencies, and local jurisdictions intended to 

21 host the systems to agree on concepts of oper22 ations for resolving alarms. 

23 ‘‘(c) CONTRACT AUTHORITY.—The Secretary may 

24 enter into contracts with participating laboratories and 

25 programs for— 


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1 ‘‘(1) the provision of laboratory services or other 

2 biosurveillance activities as appropriate for purposes 

3 of this section on a fee-for-service basis or on a pre4 payment or other similar basis; and 

5 ‘‘(2) administrative and other costs related to 

6 hosting program personnel and equipment in these 

7 laboratories or programs. 

8 ‘‘(d) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘participating laboratory’ means 

10 a laboratory that has been accepted as a member of 

11 the Laboratory Response Network for Bioterrorism 

12 that— 

13 ‘‘(A) is fully equipped to detect and respond 

14 quickly to acts of biological terrorism; 

15 ‘‘(B) provides biocontainment and micro16 biological analysis in support of the Department 

17 and relevant law enforcement agencies with re18 sponsibilities for investigating biological inci19 dents; and 

20 ‘‘(C) supports threat agent characterization 

21 studies and assay evaluation, research and devel22 opment. 

23 ‘‘(2) The term ‘assay’ means any scientific test 

24 that is designed to detect the presence of a biological 


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1 threat agent that is of a type selected under criteria 

2 established by the Secretary.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents in 

4 section 1(b) of such Act is further amended by adding at 

5 the end of the items relating to such title the following: 

‘‘Sec. 2105. Detection of biological attacks.’’. 

6 SEC. 506. RAPID BIOLOGICAL THREAT DETECTION AND 

7 IDENTIFICATION AT PORTS OF ENTRY. 

8 (a) IN GENERAL.—Title XXI of the Homeland Secu9 rity Act of 2002, as added by section 501 of this Act, is 

10 further amended by adding at the end the following: 

11 ‘‘SEC. 2106. RAPID BIOLOGICAL THREAT DETECTION AND 

12 IDENTIFICATION AT PORTS OF ENTRY. 

13 ‘‘(a) IN GENERAL.—The Secretary of Homeland Secu14 rity shall require the Under Secretary for Science and Tech15 nology, in consultation with the heads of other relevant 

16 operational components of the Department of Homeland Se17 curity, to assess whether the development of technological 

18 screening capabilities for biological agents, pandemic influ19 enza, and other infectious diseases should be undertaken by 

20 the Science and Technology Directorate to support entry 

21 and exit screening at ports of entry and for other homeland 

22 security purposes. 

23 ‘‘(b) DEVELOPMENT OF METHODS.—If the Under Sec24 retary determines that the development of such screening 

25 capabilities should be undertaken, the Secretary shall, to the 


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1 extent possible, initiate development of safe and effective 

2 methods to— 

3 ‘‘(1) rapidly screen incoming persons at ports of 

4 entry for biological agents, pandemic influenza, and 

5 other infectious diseases; and 

6 ‘‘(2) obtain results of such screening near the 

7 point of entry.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents in 

9 section 1(b) of such Act is further amended by adding at 

10 the end of the items relating to such title the following: 

‘‘Sec. 2106. Rapid biological threat detection and identification at ports of 

entry.’’. 

11 SEC. 507. COMMUNICATIONS PLANNING. 

12 (a) IN GENERAL.—Title V of the Homeland Security 

13 Act of 2002 (6 U.S.C. 311 et seq.) is further amended by 

14 adding at the end the following: 

15 ‘‘SEC. 528. COMMUNICATIONS PLANNING. 

16 ‘‘(a) COMMUNICATIONS PLAN.— 

17 ‘‘(1) IN GENERAL.—The Administrator shall de18 velop a communications plan designed to provide in19 formation to the public related to preventing, pro20 tecting against, responding to, and recovering from 

21 chemical, biological, radiological, and nuclear attacks; 

22 ‘‘(2) PRE-SCRIPTED MESSAGES AND MESSAGE

23 TEMPLATES.— 


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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall develop and disseminate, through the Fed3 eral Emergency Management Agency, a public 

4 alerts and warnings system, and prescripted 

5 messages and message templates to be provided 

6 to State, local, and tribal authorities so that 

7 those authorities can quickly and rapidly dis8 seminate critical information to the public in 

9 anticipation of, during, or in the immediate 

10 aftermath of a chemical, biological, radiological, 

11 or nuclear attack, and to be included in the De12 partment of Homeland Security’s lessons learned 

13 information sharing system. 

14 ‘‘(B) DEVELOPMENT AND DESIGN.—The 

15 pre-scripted messages or message templates 

16 shall— 

17 ‘‘(i) be developed in consultation with 

18 State, local, and tribal authorities and in 

19 coordination with other appropriate Federal 

20 departments and agencies; 

21 ‘‘(ii) be designed to provide accurate, 

22 essential, and appropriate information and 

23 instructions to the population directly af24 fected by an incident, including informa25 tion regarding an evacuation, sheltering in 


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1 place, hospital surge operations, health, and 

2 safety; 

3 ‘‘(iii) be designed to provide accurate, 

4 essential, and appropriate information and 

5 instructions to emergency response pro6 viders and medical personnel responding to 

7 an incident; and 

8 ‘‘(iv) include direction for the coordi9 nation of Federal, State, local, and tribal 

10 communications teams. 

11 ‘‘(C) COMMUNICATIONS FORMATS.—The Ad12 ministrator shall develop pre-scripted messages 

13 or message templates under this paragraph in 

14 multiple formats to ensure delivery— 

15 ‘‘(i) in cases where the usual commu16 nications infrastructure is unusable; and 

17 ‘‘(ii) to individuals with disabilities or 

18 other special needs and individuals with 

19 limited English proficiency. 

20 ‘‘(D) DISSEMINATION AND TECHNICAL AS21 SISTANCE.—The Administrator shall ensure that 

22 all pre-scripted messages and message templates 

23 developed under this paragraph are made avail24 able to State, local, and tribal authorities so that 

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1 propriate, into their emergency plans. The Ad2 ministrator shall also make available relevant 

3 technical assistance to those authorities to sup4 port communications planning. 

5 ‘‘(E) EXERCISES.—To ensure that the pre6 scripted messages or message templates developed 

7 under this paragraph can be effectively utilized 

8 in a disaster or incident, the Administrator shall 

9 incorporate Federal, State, local, and tribal com10 munications teams that deliver such pre-scripted 

11 messages or message templates into exercises, in12 cluding those conducted under the National Ex13 ercise Program. 

14 ‘‘(b) TERRORISM THREAT AWARENESS.— 

15 ‘‘(1) TERRORISM THREAT AWARENESS.—The 

16 Secretary, in consultation with the heads of appro17 priate Federal departments and agencies, shall for 

18 purposes of preparedness and collective response to 

19 terrorism and for other purposes— 

20 ‘‘(A) ensure that homeland security infor21 mation concerning terrorist threats is provided 

22 to State, local, and tribal authorities and the 

23 public within the United States, as appropriate; 

24 and 


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1 ‘‘(B) establish a process to optimize oppor2 tunities for qualified heads of State, local, and 

3 tribal government entities to obtain appropriate 

4 security clearances so that they may receive clas5 sified threat information when appropriate. 

6 ‘‘(2) THREAT BULLETINS.— 

7 ‘‘(A) IN GENERAL.—Consistent with the re8 quirements of paragraph (1), the Secretary shall, 

9 on a timely basis, prepare unclassified threat 

10 bulletins on chemical, biological, radiological, 

11 and nuclear threats. 

12 ‘‘(B) REQUIREMENTS.—Each assessment re13 quired under subparagraph (A) shall— 

14 ‘‘(i) include guidance to the public for 

15 preventing and responding to acts of ter16 rorism arising from such threats; and 

17 ‘‘(ii) be made available on the Internet 

18 Web site of the Department and other pub19 licly accessible Internet Web sites, commu20 nication systems, and information net21 works. 

22 ‘‘(3) GUIDANCE TO STATE, LOCAL, AND TRIBAL

23 AUTHORITIES.—The Secretary, using information 

24 provided by the terrorism risk assessments required 


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1 under section 2104 and other threat assessments 

2 available to the Department— 

3 ‘‘(A) shall provide to State, local, and tribal 

4 authorities written guidance on communicating 

5 terrorism-related threats and risks to the public 

6 within their jurisdictions; and 

7 ‘‘(B) shall identify the governmental ration8 ale for identifying particular communities as 

9 being at heightened risk of exploitation.’’. 

10 (b) REPORT.—Not later than one year after the date 

11 of the enactment of this Act, the Administrator shall submit 

12 to the appropriate congressional committees the commu13 nications plans required to be developed under the amend14 ments made by subsection (a), including pre-scripted mes15 sages or message templates developed in conjunction with 

16 the plans and a description of the means that will be used 

17 to deliver these messages during such incidents. 

18 (c) CLERICAL AMENDMENT.—The table of contents in 

19 section 1(b) of such Act is further amended by adding at 

20 the end of the items relating to such title the following new 

21 item: 

‘‘Sec. 528. Communications planning.’’. 

22 SEC. 508. RESPONSE GUIDELINES CONCERNING WEAPONS 

23 OF MASS DESTRUCTION. 

24 (a) ESTABLISHMENT OF VOLUNTARY GUIDANCE.—Not 

25 later than one year after the date of the enactment of this 


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1 Act, the Secretary of Homeland Security, in consultation 

2 with the heads of other relevant Federal departments and 

3 agencies, shall— 

4 (1) develop for police, fire, emergency medical 

5 services, emergency management, and medical and 

6 public health personnel, voluntary guidance for re7 sponding to chemical, biological, radiological, or nu8 clear attacks; 

9 (2) make such guidance available to State, local, 

10 and tribal authorities, educational institutions, non11 governmental organizations, the private sector, and 

12 the public; and 

13 (3) in developing the guidance under paragraph 

14 (1)— 

15 (A) review the experiences of other countries 

16 and the expertise of academic institutions and 

17 nongovernmental organizations; and 

18 (B) consider the unique needs of children 

19 and other vulnerable populations. 

20 (b) CONTENTS.—The guidance developed under sub21 section (a)(1) shall be voluntary, risk-based guidance that 

22 shall include— 

23 (1) protective action guidance for ensuring the 

24 security, health, and safety of emergency response 

25 providers and their families and household contacts; 


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1 (2) specific information regarding the effects of 

2 the chemical, biological, radiological, or nuclear mate3 rial on those exposed to the agent; and 

4 (3) best practices for emergency response pro5 viders to effectively diagnose, handle, and otherwise 

6 manage individuals affected by an incident involving 

7 chemical, biological, radiological, or nuclear material. 

8 (c) REVIEW AND REVISION OF GUIDANCE.—The Sec9 retary shall— 

10 (1) review the guidance developed under sub11 section (a)(1) at least once every 2 years; 

12 (2) make revisions to the guidance as appro13 priate; and 

14 (3) make any revised guidance available to 

15 State, local, and tribal authorities, nongovernmental 

16 organizations, the private sector, and the public. 

17 (d) PROCEDURES FOR DEVELOPING AND REVISING

18 GUIDANCE.—In carrying out the requirements of this sec19 tion, the Secretary shall establish procedures to— 

20 (1) enable members of the first responder and 

21 first provider community to submit recommendations 

22 of areas in which guidance is needed and could be de23 veloped under subsection (a)(1); 

24 (2) determine which entities should be consulted 

25 in developing or revising the guidance; 


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1 (3) prioritize, on a regular basis, guidance that 

2 should be developed or revised; and 

3 (4) develop and disseminate the guidance in ac4 cordance with the prioritization under paragraph (3). 

5 SEC. 509. PLUME MODELING. 

6 (a) IN GENERAL.—Title XXI of the Homeland Secu7 rity Act of 2002, as added by section 501 of this Act, is 

8 further amended by adding at the end the following: 

9 ‘‘SEC. 2107. PLUME MODELING. 

10 ‘‘(a) DEVELOPMENT.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall acquire, 

12 use, and disseminate the best available integrated 

13 plume models to enable rapid response activities fol14 lowing a chemical, biological, nuclear, or radiological 

15 attack or event. 

16 ‘‘(2) SCOPE.—The Secretary shall— 

17 ‘‘(A) identify Federal, State, and local needs 

18 regarding plume models and ensure the rapid de19 velopment and distribution of integrated plume 

20 models that meet those needs to appropriate offi21 cials of the Federal Government and State, local, 

22 and tribal authorities to enable immediate re23 sponse to a chemical, biological, or radiological 

24 attack or event; 


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1 ‘‘(B) establish mechanisms for dissemina2 tion by appropriate emergency response officials 

3 of the integrated plume models described in 

4 paragraph (1) to nongovernmental organizations 

5 and the public to enable appropriate collective 

6 response activities; 

7 ‘‘(C) ensure that guidance and training in 

8 how to appropriately use such models are pro9 vided; and 

10 ‘‘(D) ensure that lessons learned from as11 sessing the development and dissemination of in12 tegrated plume models during exercises adminis13 tered by the Department are put into the lessons 

14 learned information sharing system maintained 

15 by the Department. 

16 ‘‘(b) DEFINITIONS.—For purposes of this section: 

17 ‘‘(1) PLUME MODEL.—The term ‘plume model’ 

18 means the assessment of the location and prediction 

19 of the spread of agents following a chemical, biologi20 cal, radiological, or nuclear attack or event. 

21 ‘‘(2) INTEGRATED PLUME MODEL.—The term ‘in22 tegrated plume model’ means a plume model that in23 tegrates protective action guidance and other informa24 tion as the Secretary determines appropriate.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents in 

2 section 1(b) of such Act is further amended by adding at 

3 the end of the items relating to such title the following: 

‘‘Sec. 2107. Plume modeling.’’. 

4 SEC. 510. DISASTER RECOVERY. 

5 (a) IN GENERAL.—Title XXI of the Homeland Secu6 rity Act of 2002, as added by section 501 of this Act, is 

7 further amended by adding at the end the following: 

8 ‘‘SEC. 2108. IDENTIFYING AND ADDRESSING GAPS IN RE9 COVERY CAPABILITIES. 

10 ‘‘(a) RISK ASSESSMENT.— 

11 ‘‘(1) TAILORED RISK ASSESSMENT.—The Sec12 retary, acting through the Under Secretary for 

13 Science and Technology, shall conduct tailored risk 

14 assessments to inform prioritization of national recov15 ery activities for chemical, biological, radiological, 

16 and nuclear incidents, to be updated as necessary. 

17 ‘‘(2) CONSIDERATIONS.—In conducting the risk 

18 assessments under paragraph (1), the Secretary 

19 shall— 

20 ‘‘(A) consult with the heads of other relevant 

21 Federal departments and agencies; 

22 ‘‘(B) consider recovery of both indoor areas 

23 and outdoor environments; and 


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1 ‘‘(C) consider relevant studies previously 

2 prepared by other Federal agencies, or other ap3 propriate stakeholders. 

4 ‘‘(3) COLLABORATION.—Upon completion of the 

5 risk assessments required by this section, the Sec6 retary shall provide the findings to the heads of rel7 evant Federal agencies in order to inform ongoing 

8 and future work, including research and guidance de9 velopment, undertaken by those agencies in recovery 

10 and remediation from chemical, biological, radio11 logical, or nuclear incidents. 

12 ‘‘(b) RESEARCH.—The results of the risk assessment 

13 under this section shall inform appropriate Federal re14 search to address the high-risk capability gaps uncovered 

15 by each assessment. 

16 ‘‘SEC. 2109. RECOVERY FROM CHEMICAL, BIOLOGICAL, RA17 DIOLOGICAL, AND NUCLEAR ATTACKS OR IN18 CIDENTS. 

19 ‘‘(a) ESTABLISHMENT OF GUIDANCE.—Within 24 

20 months from the date of enactment of this Act, the Sec21 retary, in consultation with the heads of other appropriate 

22 Federal departments and agencies, shall develop and issue 

23 guidance for clean-up and restoration of indoor and outdoor 

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1 cilities, that have been exposed to chemical, biological, radi2 ological, or nuclear materials. 

3 ‘‘(b) CONTENTS.—The guidance developed under sub4 section (a) shall clarify Federal roles and responsibilities 

5 for assisting State, local, and tribal authorities and include 

6 risk-based recommendations for— 

7 ‘‘(1) standards for effective decontamination of 

8 affected sites; 

9 ‘‘(2) standards for safe post-event occupancy of 

10 affected sites, including for vulnerable populations 

11 such as children and individuals with health con12 cerns; 

13 ‘‘(3) requirements to ensure that the decon14 tamination procedures for responding organizations 

15 do not conflict; 

16 ‘‘(4) requirements that each responding organi17 zation uses a uniform system for tracking costs and 

18 performance of clean-up contractors; 

19 ‘‘(5) maintenance of negative air pressure in 

20 buildings; 

21 ‘‘(6) standards for proper selection and use of 

22 personal protective equipment; 

23 ‘‘(7) air sampling procedures; 


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1 ‘‘(8) development of occupational health and 

2 safety plans that are appropriate for the specific risk 

3 to responder health; and 

4 ‘‘(9) waste disposal. 

5 ‘‘(c) REVIEW AND REVISION OF GUIDANCE.—The Sec6 retary shall— 

7 ‘‘(1) not less frequently than once every two 

8 years, review the guidance developed under subsection 

9 (a); 

10 ‘‘(2) make revisions to the guidance as appro11 priate; and 

12 ‘‘(3) make the revised guidance available to the 

13 Federal Government, State, local, and tribal authori14 ties, nongovernmental organizations, the private sec15 tor, and the public. 

16 ‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING

17 GUIDANCE.—In carrying out the requirements of this sec18 tion, the Secretary shall establish procedures to— 

19 ‘‘(1) prioritize issuance of guidance based on the 

20 results of the risk assessment conducted pursuant to 

21 section 2108; 

22 ‘‘(2) inventory existing relevant guidance; 

23 ‘‘(3) enable the public to submit recommenda24 tions of areas in which guidance is needed; 


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1 ‘‘(4) determine which entities should be consulted 

2 in developing or revising the guidance; 

3 ‘‘(5) prioritize, on a regular basis, guidance that 

4 should be developed or revised; and 

5 ‘‘(6) develop and disseminate the guidance in ac6 cordance with the prioritization under paragraph (5). 

7 ‘‘(e) CONSULTATIONS.—The Secretary shall develop 

8 and revise the guidance developed under subsection (a), and 

9 the procedures required under subsection (d), in consulta10 tion with— 

11 ‘‘(1) the heads of other Federal departments and 

12 agencies, as appropriate; 

13 ‘‘(2) State, local, and tribal authorities; and 

14 ‘‘(3) nongovernmental organizations and private 

15 industry. 

16 ‘‘SEC. 2110. EXERCISES. 

17 ‘‘To facilitate environmental recovery from a chemical, 

18 biological, radiological, or nuclear attack or other incident 

19 involving chemical, biological, radiological, or nuclear ma20 terials and to foster collective response to terrorism, the Sec21 retary shall develop exercises in consultation with State, 

22 local, and tribal authorities and other appropriate Federal 

23 agencies, and, as appropriate, in collaboration with na24 tional level exercises, including exercises that address, to the 

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1 ronmental cleanup methods, and decontamination stand2 ards, including those published in the guidance documents 

3 required by section 2109.’’. 

4 (b) CLERICAL AMENDMENTS.—The table of contents in 

5 section 1(b) of such Act is amended by adding at the end 

6 of the items relating to such title the following: 

‘‘Sec. 2108. Identifying and addressing gaps in recovery capabilities. 

‘‘Sec. 2109. Recovery from chemical, biological, radiological, and nuclear attacks 

or incidents. 

‘‘Sec. 2110. Exercises.’’. 

7 Subtitle B—Grants 

8 SEC. 521. SENSE OF CONGRESS. 

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

10 (1) Terrorism preparedness grant programs ad11 ministered by the Department of Homeland Security 

12 since the attacks of September 11, 2001, including the 

13 State Homeland Security Grant Program, Urban 

14 Area Security Initiative, Transit Security Grant Pro15 gram, and Port Security Grant Program, have con16 tributed to increased preparedness, resilience, and re17 sponse capabilities at the State and local levels. 

18 (2) State and local governments have utilized 

19 grant funding to, among other things, conduct plan20 ning, training, and exercises, improve information 

21 sharing, and enhance communications. 

22 (3) More than a decade after the terrorist attacks 

23 of September 11, 2001, the United States remains the 


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1 top target of Al Qaeda and its affiliates, and faces in2 creasing threats of domestic radicalization and from 

3 lone wolf extremists. 

4 (4) Continued Federal assistance to States and 

5 localities is necessary to maintain the increased pre6 paredness and response capabilities developed over the 

7 past decade in order to address this continuing 

8 threat. 

9 (b) SENSE OF CONGRESS.—It is the sense of Congress 

10 that grant programs such as the State Homeland Security 

11 Grant Program, Urban Area Security Initiative, Transit 

12 Security Grant Program, and Port Security Grant Pro13 gram, should be funded consistent with their previously au14 thorized levels to ensure that States and localities build and 

15 sustain the necessary capabilities to prevent, prepare for, 

16 and respond to terrorist attacks or other emergencies. 

17 SEC. 522. USE OF GRANT FUNDS FOR PROJECTS CON18 DUCTED IN CONJUNCTION WITH A NATIONAL 

19 LABORATORY OR RESEARCH FACILITY. 

20 Section 2008(a)(2) of the Homeland Security Act of 

21 2002 (6 U.S.C. 609(a)(2)) is amended by inserting ‘‘train22 ing conducted in conjunction with a national laboratory 

23 or research facility and’’ after ‘‘including’’. 


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1 SEC. 523. NOTIFICATION OF HOMELAND SECURITY GRANT 

2 AWARDS. 

3 Section 2002 of the Homeland Security Act of 2002 

4 is amended by adding at the end the following new sub5 section: 

6 ‘‘(d) NOTIFICATION.—The Administrator of the Fed7 eral Emergency Management Agency shall report to the 

8 Committee on Homeland Security of the House of Rep9 resentatives and the Committee on Homeland Security and 

10 Governmental Affairs of the Senate not less than three busi11 ness days in advance of announcing publicly an allocation 

12 or award made pursuant to section 2003 or 2004.’’. 

13 SEC. 524. TRANSPARENCY IN HOMELAND SECURITY GRANT 

14 FUNDING. 

15 (a) IN GENERAL.—Subtitle B of title XX of the Home16 land Security Act of 2002 is amended by adding at the end 

17 the following new section: 

18 ‘‘SEC. 2024. TRANSPARENCY IN HOMELAND SECURITY 

19 GRANT FUNDING. 

20 ‘‘(a) IN GENERAL.—The Assistant Administrator of 

21 the Grant Programs Directorate, or an official otherwise 

22 designated by the Administrator, shall serve as the Author23 ization Liaison Officer within the Federal Emergency Man24 agement Agency. 

25 ‘‘(b) REPORTING TO CONGRESS.—The Authorization 

26 Liaison Officer shall provide timely information on all 


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1 grants administered by the Federal Emergency Manage2 ment Agency upon request to the appropriate congressional 

3 committees. 

4 ‘‘(c) SEMIANNUAL REPORTING.— 

5 ‘‘(1) IN GENERAL.—The Administrator of the 

6 Federal Emergency Management Agency shall submit 

7 a written report to the appropriate congressional 

8 committees, on not less than a semiannual basis, that 

9 provides a full accounting of funds awarded by the 

10 Department under all homeland security grant pro11 grams administered by the Federal Emergency Man12 agement Agency for the previous five fiscal years, end13 ing with the year in which the report is provided. 

14 ‘‘(2) SCOPE OF REPORTS.—The Authorization 

15 Liaison Officer shall ensure, to the greatest extent 

16 practicable, that each report under this subsection in17 cludes a full accounting of funds awarded by the De18 partment under all homeland security grant pro19 grams administered by the Federal Emergency Man20 agement Agency for the previous five fiscal years, end21 ing with the year in which the report is provided, in22 cluding— 

23 ‘‘(A) the number and type of projects ap24 proved, by grantee; 


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1 ‘‘(B) the amount of funds awarded for each 

2 project; 

3 ‘‘(C) the amount of funds available for each 

4 project; 

5 ‘‘(D) the date on which those funds were 

6 made available; 

7 ‘‘(E) the amount of funds not yet released 

8 by the Department, by project; and 

9 ‘‘(F) the reasons funds have not been re10 leased, by project. 

11 ‘‘(d) MEASURES AND METRICS.— 

12 ‘‘(1) QUARTERLY PROVISION OF INFORMATION TO

13 CONGRESS.—The Assistant Administrator of the 

14 Grant Programs Directorate shall provide informa15 tion quarterly to the appropriate congressional com16 mittees on its efforts to develop performance measures 

17 and metrics for the Homeland Security Grant Pro18 gram pursuant to section 2023 of the Homeland Secu19 rity Act of 2002 (6 U.S.C. 613), until the development 

20 and implementation of such performance measures 

21 and metrics. 

22 ‘‘(2) BIANNUAL BRIEFINGS.—After the develop23 ment and implementation of such performance meas24 ures and metrics, the Assistant Administrator shall 

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1 sional committees on the expenditure of grant funds 

2 and the Assistant Administrator’s findings based on 

3 the metrics, including an assessment of the extent 

4 which funding under the Homeland Security Grant 

5 Program has contributed to building and sustaining 

6 State and local preparedness and response capabili7 ties to address terrorism threats and other emer8 gencies.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents in 

10 section 1(b) of such Act is further amended by adding at 

11 the end of the items relating to such subtitle the following 

12 new item: 

‘‘Sec. 2024. Transparency in homeland security grant funding.’’. 

13 SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

14 (a) IN GENERAL.—Title V of the Homeland Security 

15 Act of 2002 (6 U.S.C. 311 et seq.) is further amended by 

16 adding at the end the following new section: 

17 ‘‘SEC. 529. METROPOLITAN MEDICAL RESPONSE SYSTEM 

18 PROGRAM. 

19 ‘‘(a) IN GENERAL.—The Secretary shall conduct a 

20 Metropolitan Medical Response System Program, that shall 

21 assist State and local governments in preparing for and 

22 responding to public health and mass casualty incidents re23 sulting from acts of terrorism and natural disasters. 

24 ‘‘(b) FINANCIAL ASSISTANCE.— 

25 ‘‘(1) AUTHORIZATION OF GRANTS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary, through 

2 the Administrator, may make grants under this 

3 section to State and local governments to assist 

4 in preparing for and responding to mass cas5 ualty incidents resulting from acts of terrorism 

6 and natural disasters. 

7 ‘‘(B) CONSULTATION.—In developing guid8 ance for grants authorized under this section, the 

9 Administrator shall consult with the Assistant 

10 Secretary for Health Affairs of the Department. 

11 ‘‘(2) USE OF FUNDS.—A grant made under this 

12 section may be used to support the integration of 

13 emergency management, health, and medical systems 

14 into a coordinated response to mass casualty inci15 dents caused by any hazard, including— 

16 ‘‘(A) to strengthen medical surge capacity; 

17 ‘‘(B) to strengthen mass prophylaxis capa18 bilities including development and maintenance 

19 of an initial pharmaceutical stockpile sufficient 

20 to protect first responders, their families, and 

21 immediate victims from a chemical or biological 

22 event; 

23 ‘‘(C) to strengthen chemical, biological, ra24 diological, nuclear, and explosive detection, re25 sponse, and decontamination capabilities; 


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1 ‘‘(D) to develop and maintain mass triage 

2 and pre-hospital treatment plans and capabili3 ties; 

4 ‘‘(E) for planning; 

5 ‘‘(F) to support efforts to strengthen infor6 mation sharing and collaboration capabilities of 

7 regional, State, and urban areas in support of 

8 public health and medical preparedness; 

9 ‘‘(G) for medical supplies management and 

10 distribution; 

11 ‘‘(H) for training and exercises; 

12 ‘‘(I) for integration and coordination of the 

13 activities and capabilities of public health per14 sonnel and medical care providers with those of 

15 other emergency response providers as well as 

16 other Federal agencies, the private sector, and 

17 nonprofit organizations, for the forward move18 ment of patients; and 

19 ‘‘(J) for such other activities as the Admin20 istrator provides. 

21 ‘‘(3) ELIGIBILITY.— 

22 ‘‘(A) IN GENERAL.—Except as provided in 

23 subparagraph (B), any jurisdiction that received 

24 funds through the Metropolitan Medical Response 


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1 System Program in fiscal year 2010 shall be eli2 gible to receive a grant under this section. 

3 ‘‘(B) PERFORMANCE REQUIREMENT AFTER

4 FISCAL YEAR 2012.—A jurisdiction shall not be 

5 eligible for a grant under this subsection from 

6 funds available after fiscal year 2012 unless the 

7 Secretary determines that the jurisdiction main8 tains a sufficient measured degree of capability 

9 in accordance with the performance measures 

10 issued under subsection (c). 

11 ‘‘(4) DISTRIBUTION OF FUNDS.— 

12 ‘‘(A) IN GENERAL.—The Administrator 

13 shall distribute grant funds under this section to 

14 the State in which the jurisdiction receiving a 

15 grant under this section is located. 

16 ‘‘(B) PASS THROUGH.—Subject to subpara17 graph (C), not later than 45 days after the date 

18 on which a State receives grant funds under sub19 paragraph (A), the State shall provide the juris20 diction receiving the grant 100 percent of the 

21 grant funds, and not later than 45 days after the 

22 State releases the funds, all fiscal agents shall 

23 make the grant funds available for expenditure. 

24 ‘‘(C) EXCEPTION.—The Administrator may 

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1 ceiving a grant under this section 97 percent of 

2 the grant funds awarded if doing so would not 

3 result in any jurisdiction eligible for a grant 

4 under paragraph (3)(A) receiving less funding 

5 than such jurisdiction received in fiscal year 

6 2009. 

7 ‘‘(5) REGIONAL COORDINATION.—The Adminis8 trator shall ensure that each jurisdiction that receives 

9 a grant under this section, as a condition of receiving 

10 such grant, is actively coordinating its preparedness 

11 efforts with surrounding jurisdictions, with the offi12 cial with primary responsibility for homeland secu13 rity (other than the Governor) of the government of 

14 the State in which the jurisdiction is located, and 

15 with emergency response providers from all relevant 

16 disciplines, as determined by the Administrator, to ef17 fectively enhance regional preparedness. 

18 ‘‘(c) PERFORMANCE MEASURES.—The Administrator, 

19 in coordination with the Assistant Secretary for Health Af20 fairs, and the National Metropolitan Medical Response Sys21 tem Working Group, shall issue performance measures with22 in one year after the date of enactment of this section that 

23 enable objective evaluation of the performance and effective 

24 use of funds provided under this section in any jurisdiction. 


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1 ‘‘(d) METROPOLITAN MEDICAL RESPONSE SYSTEM

2 WORKING GROUP DEFINED.—In this section, the term ‘Na3 tional Metropolitan Medical Response System Working 

4 Group’ means— 

5 ‘‘(1) 10 Metropolitan Medical Response System 

6 Program grant managers, who shall— 

7 ‘‘(A) include one such grant manager from 

8 each region of the Agency; 

9 ‘‘(B) comprise a population-based cross sec10 tion of jurisdictions that are receiving grant 

11 funds under the Metropolitan Medical Response 

12 System Program; and 

13 ‘‘(C) include— 

14 ‘‘(i) 3 selected by the Administrator; 

15 and 

16 ‘‘(ii) 3 selected by the Chief Medical 

17 Officer of the Department; and 

18 ‘‘(2) 3 State officials who are responsible for ad19 ministration of State programs that are carried out 

20 with grants under this section, who shall be selected 

21 by the Administrator. 

22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—From the 

23 total amount authorized to be appropriated under this Act, 

24 $42,000,000 shall be authorized for appropriations to carry 


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1 out the program for each of fiscal years 2012 through 

2 2016.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents in 

4 section 1(b) of such Act is further amended by adding at 

5 the end of the items relating to such title the following new 

6 item: 

‘‘Sec. 529. Metropolitan Medical Response System Program.’’. 

7 (c) METROPOLITAN MEDICAL RESPONSE PROGRAM

8 REVIEW.— 

9 (1) IN GENERAL.—The Administrator of the Fed10 eral Emergency Management Agency, the Assistant 

11 Secretary for Health Affairs of the Department, and 

12 the National Metropolitan Medical Response System 

13 Working Group shall conduct a review of the Metro14 politan Medical Response System Program authorized 

15 under this section, including an examination of— 

16 (A) the extent to which the goals and objec17 tives are being met; 

18 (B) the performance metrics that can best 

19 help assess whether the Metropolitan Medical Re20 sponse System Program is succeeding; 

21 (C) how the Metropolitan Medical Response 

22 System Program can be improved; 

23 (D) how the Metropolitan Medical Response 

24 System Program complements and enhances 

25 other preparedness programs supported by the 


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1 Department of Homeland Security and the De2 partment of Health and Human Services; 

3 (E) the degree to which the strategic goals, 

4 objectives, and capabilities of the Metropolitan 

5 Medical Response System Program are incor6 porated in State and local homeland security 

7 plans; 

8 (F) how eligibility for financial assistance, 

9 and the allocation of financial assistance, under 

10 the Metropolitan Medical Response System Pro11 gram should be determined, including how allo12 cation of assistance could be based on risk; 

13 (G) implications for the Metropolitan Med14 ical Response System Program if it were man15 aged as a contractual agreement; and 

16 (H) the resource requirements of the Metro17 politan Medical Response System Program. 

18 (2) REPORT.—Not later than one year after the 

19 date of enactment of this Act, the Administrator and 

20 the Assistant Secretary for Health Affairs shall sub21 mit to the appropriate congressional committees a re22 port on the results of the review under this section. 

23 (3) CONSULTATION.—The Administrator of the 

24 Federal Emergency Management Agency shall consult 


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1 with the heads of other relevant departments and 

2 agencies in the implementation of subsection (a)(5). 

3 (4) DEFINITION.—In this subsection the term 

4 ‘‘National Metropolitan Medical Response System 

5 Working Group’’ has the meaning that term has in 

6 section 529 of the Homeland Security Act of 2002, as 

7 added by subsection (a) of this section. 

8 (c) CONFORMING AMENDMENT.—Section 635 of the 

9 Post-Katrina Management Reform Act of 2006 (6 U.S.C. 

10 723) is repealed. 

11 SEC. 526. TRANSIT SECURITY GRANT PROGRAM. 

12 (a) SECURITY ASSISTANCE PROGRAM.—Section 

13 1406(a) of the Implementing Recommendations of the 9/11 

14 Commission Act of 2007 (6 U.S.C. 1135(a)) is amended— 

15 (1) in paragraph (1) by inserting ‘‘and law en16 forcement’’ after ‘‘public transportation’’; and 

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

18 ‘‘(3) LAW ENFORCEMENT AGENCY ELIGIBILITY.— 

19 A law enforcement agency is eligible for a grant 

20 under this section if the agency enters into a memo21 randum of agreement or other arrangement with a 

22 public transportation agency that is eligible for a 

23 grant under paragraph (2) to oversee, direct, and 

24 command the security operations of that public trans25 portation agency.’’. 


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1 (b) USES OF FUNDS.—Section 1406(b)(1) of the Imple2 menting Recommendations of the 9/11 Commission Act of 

3 2007 (6 U.S.C. 1135(b)(1)) is amended— 

4 (1) in subparagraph (J), by striking ‘‘evacuation 

5 improvements’’ and inserting ‘‘consequence manage6 ment investments, including investments with respect 

7 to evacuation improvements, route designation and 

8 signage, and public assistance materials’’; 

9 (2) in subparagraph (N), by striking ‘‘and’’ at 

10 the end; 

11 (3) by redesignating subparagraph (O) as sub12 paragraph (P); and 

13 (4) by inserting after subparagraph (N) the fol14 lowing new subparagraph (O): 

15 ‘‘(O) systems for identity verification for 

16 access control, including biometrics; and’’. 

17 (c) OPERATIONAL ALLOWANCES.—Section 1406(m)(1) 

18 of the Implementing Recommendations of the 9/11 Commis19 sion Act of 2007 (6 U.S.C. 1135(m)(1)) is amended— 

20 (1) in subparagraph (D) by striking ‘‘and’’ at 

21 the end; 

22 (2) in subparagraph (E)— 

23 (A) by striking ‘‘10 percent’’ and inserting 

24 ‘‘50 percent’’; and 


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1 (B) by striking ‘‘subsection (b)(2).’’ and in2 serting ‘‘subsection (b)(2); and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(F) $400,000,000 for fiscal year 2012, ex5 cept that not more than 50 percent of such funds 

6 may be used for operational costs under sub7 section (b)(2).’’. 

8 SEC. 527. PRIORITIZATION. 

9 (a) CRUISE SHIP PASSENGERS AND BORDER CROSS10 INGS.—Section 2007(a)(1) of the Homeland Security Act 

11 of 2002 (6 U.S.C. 608(a)(1)) is amended— 

12 (1) in subparagraph (A), by inserting ‘‘(includ13 ing cruise ship passengers)’’ after ‘‘tourist’’; and 

14 (2) by redesignating subparagraphs (H) through 

15 (K) as subparagraphs (I) through (L) and inserting 

16 after subparagraph (G) the following: 

17 ‘‘(H) the number of border crossings at 

18 land, air, and maritime ports of entry;’’. 

19 (b) CONFORMING AMENDMENT.—Section 

20 2003(b)(2)(A)(i) of such Act (6 U.S.C. 604(a)(2)(A)(i)) is 

21 amended by striking ‘‘(H) and (K)’’ and inserting ‘‘(I) and 

22 (L)’’. 


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1 SEC. 528. TRANSPORTATION SECURITY GRANT PROGRAM 

2 STUDY. 

3 (a) IN GENERAL.—The Comptroller General of the 

4 United States shall conduct a study evaluating the home5 land security impacts of transportation security grant pro6 gram funding levels in States located on the west coast of 

7 the United States. In carrying out the study, the Comp8 troller General shall review— 

9 (1) how funding under the grant program has 

10 been distributed in correlation to locations near crit11 ical infrastructure sectors, eligible metropolitan areas, 

12 and high risk urban areas in such States; and 

13 (2) the level of coordination in the disbursements 

14 of such funds with the risk determinations based on 

15 State and local entities. 

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

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

18 submit to the appropriate congressional committees a report 

19 on the results of the study required under this section. 

20 SEC. 529. INTERAGENCY GRANTS WORKING GROUP. 

21 (a) IN GENERAL.—The Secretary shall, in coordina22 tion with relevant Department components and other ap23 propriate Federal departments and agencies, establish an 

24 interagency working group to better coordinate Federal pre25 paredness grants. 


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1 (b) MEMBERSHIP.—The working group shall be 

2 chaired by the Secretary and be composed of the Secretary 

3 and representatives from the Department of Health and 

4 Human Services, Department of Transportation, Depart5 ment of Justice, and other Federal agencies as determined 

6 appropriate by the Secretary. 

7 (c) RESPONSIBILITIES.—The working group shall— 

8 (1) meet regularly to coordinate, as appropriate, 

9 development of grant guidance, application and 

10 award timelines, monitoring, and assessments; 

11 (2) seek input from State, local, and tribal offi12 cials involved in grant management in order to in13 form grant processes, allocations, and awards; 

14 (3) promote coordinated grant timelines; and 

15 (4) ensure all preparedness grant programs em16 ploy a common Internet Web portal. 

17 (d) REPORT.—Not later than 1 year after the date of 

18 enactment of this section, the Secretary shall submit to the 

19 appropriate congressional committees a report on the ac20 tivities of the working group. 

21 Subtitle C—Communications 

22 SEC. 541. SENSE OF CONGRESS REGARDING INTEROPER23 ABILITY. 

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


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1 (1) The National Commission on Terrorist At2 tacks Upon the United States (in this section referred 

3 to as the ‘‘9/11 Commission’’) determined that the in4 ability of first responders to communicate effectively 

5 on September 11, 2001 was a critical obstacle to an 

6 effective multijurisdictional response. 

7 (2) More than 10 years have passed since the ter8 rorist attacks of September 11, 2001, and many juris9 dictions across the country still experience difficulties 

10 communicating that may contribute to confusion, 

11 delays, or added risks when responding to a terrorist 

12 attack or natural disaster. 

13 (3) In the years since September 11, 2001, the 

14 need for a national wireless first responder interoper15 able communications network has remained, but the 

16 Nation has not yet completed building this vital re17 source for public safety. 

18 (4) The earthquake that originated in Virginia 

19 on August 23, 2011, and affected areas throughout the 

20 East Coast jammed commercial communications and 

21 data networks, making them incapable of handling 

22 the mission critical communications needs of first re23 sponders even if provided with priority access. 

24 (b) SENSE OF CONGRESS.—It is the sense of Congress 

25 that Federal resources should be allocated to improve first 


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1 responder interoperable communications and the D Block 

2 spectrum should be reallocated for the construction of a na3 tional interoperable public safety wireless broadband net4 work as expeditiously as possible. 

5 SEC. 542. ROLES AND RESPONSIBILITIES WITH RESPECT TO 

6 POLICY AND GUIDANCE FOR COMMUNICA7 TIONS-RELATED EXPENDITURES WITH GRANT 

8 FUNDS. 

9 (a) RESPONSIBILITIES OF THE DIRECTOR OF THE OF10 FICE OF EMERGENCY COMMUNICATIONS.—Section 1801(c) 

11 of the Homeland Security Act of 2002 (6 U.S.C. 571(c)) 

12 is amended by striking ‘‘and’’ after the semicolon at the 

13 end of paragraph (14), striking the period at the end of 

14 paragraph (15) and inserting ‘‘; and’’, and adding at the 

15 end the following: 

16 ‘‘(16) provide guidance on interoperable emer17 gency communications to the Administrator of the 

18 Federal Emergency Management Agency in accord19 ance with the memorandum of understanding re20 quired under section 1811.’’. 

21 (b) AUTHORIZATION FOR MEMORANDUM OF UNDER22 STANDING ON EMERGENCY COMMUNICATIONS.— 

23 (1) IN GENERAL.—Title XVIII of the Homeland 

24 Security Act of 2002 is amended by adding at the end 

25 the following new section: 


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1 ‘‘SEC. 1811. MEMORANDUM OF UNDERSTANDING ON EMER2 GENCY COMMUNICATIONS. 

3 ‘‘The Administrator of the Federal Emergency Man4 agement Agency shall execute a memorandum of under5 standing with the Director of the Office of Emergency Com6 munications delineating the roles and responsibilities of 

7 each office with respect to policy and guidance for commu8 nications-related expenditures with grant funds.’’. 

9 (2) CLERICAL AMENDMENT.—The table of con10 tents in section 1(b) of such Act is amended by add11 ing at the end of the items relating to such title the 

12 following: 

‘‘Sec. 1811. Memorandum of understanding on emergency communications.’’. 

13 SEC. 543. INTEGRATED PUBLIC ALERT AND WARNING SYS14 TEM MODERNIZATION. 

15 (a) IN GENERAL.—Title V of the Homeland Security 

16 Act of 2002 (6 U.S.C. 311 et seq.) is further amended by 

17 adding at the end of the following new section: 

18 ‘‘SEC. 530. NATIONAL INTEGRATED PUBLIC ALERT AND 

19 WARNING SYSTEM MODERNIZATION. 

20 ‘‘(a) IN GENERAL.—In order to provide timely and ef21 fective warnings and disseminate homeland security and 

22 other information, the Secretary shall— 

23 ‘‘(1) establish a national integrated public alert 

24 and warning system (in this section referred to as ‘the 


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1 system’) not later than one year after the date of the 

2 enactment of this section; and 

3 ‘‘(2) designate an agency within the Department 

4 to receive, aggregate, validate, and authenticate home5 land security and other information originated by 

6 authorized Federal, State, local, and tribal govern7 ments to facilitate the transmission of the Personal8 ized Localized Alerting Network. 

9 ‘‘(b) IMPLEMENTATION REQUIREMENTS.—In carrying 

10 out subsection (a), the Secretary shall— 

11 ‘‘(1) establish, as appropriate, common alerting 

12 and warning protocols, standards of performance, and 

13 terminology for the system established under sub14 section (a)(1) by adopting, where appropriate, mecha15 nisms that integrate various approaches developed by 

16 key stakeholders; 

17 ‘‘(2) include in the system the capability to 

18 adapt the dissemination of homeland security and 

19 other information and the content of communications 

20 on the basis of geographic location, risks, or user pref21 erences, as appropriate; 

22 ‘‘(3) include in the system the capability to alert 

23 and warn individuals with disabilities and access 

24 and functional needs; 


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1 ‘‘(4) ensure that the system is incorporated into 

2 the training and exercise programs of the Depart3 ment; and 

4 ‘‘(5) coordinate, to the extent practicable, with 

5 other Federal agencies and departments and with 

6 State, local, and tribal governments, and other key 

7 stakeholders to leverage existing alert and warning 

8 capabilities. 

9 ‘‘(c) SYSTEM REQUIREMENTS.—The Secretary shall 

10 ensure that the system— 

11 ‘‘(1) incorporates redundant and diverse modes 

12 to disseminate homeland security and other informa13 tion in warning messages to the public so as to reach 

14 the greatest number of individuals; 

15 ‘‘(2) can be adapted to incorporate future tech16 nologies; 

17 ‘‘(3) is resilient, secure, and can withstand acts 

18 of terrorism and other external attacks; 

19 ‘‘(4) delivers alerts to populations in remote 

20 areas; and 

21 ‘‘(5) promotes State, local, tribal, and regional 

22 partnerships to enhance coordination. 

23 ‘‘(d) REPORT.—Not later than one year after the date 

24 on which the system established under subsection (a) is fully 

25 functional and every six months thereafter, the Secretary 


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1 shall report to the Committee on Homeland Security of the 

2 House of Representatives and the Homeland Security and 

3 Governmental Affairs Committee of the Senate on the 

4 functionality and performance of the integrated public alert 

5 and warning system, including— 

6 ‘‘(1) an assessment of the accomplishments and 

7 deficiencies of the system; 

8 ‘‘(2) recommendations for improvements to the 

9 system; and 

10 ‘‘(3) information on the feasibility and effective11 ness of disseminating homeland security and other in12 formation, notices, and alerts prior to and following 

13 an incident requiring use of the system.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents in 

15 section 1(b) of such Act is amended by adding at the end 

16 of the items relating to such title the following: 

‘‘Sec. 530. National integrated public alert and warning system modernization.’’. 

17 (c) LIMITATION ON STATUTORY CONSTRUCTION.— 

18 Nothing in this Act (including the amendment made by this 

19 Act) shall be construed to affect the authority of the Depart20 ment of Commerce, the Federal Communications Commis21 sion, or the Robert T. Stafford Disaster Relief and Emer22 gency Assistance Act. 

23 (d) HOMELAND SECURITY GRANTS.—Section 2008(a) 

24 of the Homeland Security Act of 2002 (6 U.S.C. 609(a)) 

25 is amended— 


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1 (1) in paragraph (12), by striking ‘‘and’’ at the 

2 end; 

3 (2) by redesignating paragraph (13) as para4 graph (14); and 

5 (3) by inserting after paragraph (12) the fol6 lowing new paragraph: 

7 ‘‘(13) improving public alert and warning capa8 bilities; and’’. 

9 Subtitle D—Broadband for First 

10 Responders 

11 SEC. 561. ALLOCATION AND ASSIGNMENT OF PUBLIC SAFE12 TY LICENSES. 

13 (a) SPECTRUM ALLOCATION.—Section 337(a) of the 

14 Communications Act of 1934 (47 U.S.C. 337(a)) is amend15 ed— 

16 (1) in paragraph (1), by striking ‘‘24’’ and in17 serting ‘‘34’’; and 

18 (2) in paragraph (2), by striking ‘‘36’’ and in19 serting ‘‘26’’. 

20 (b) ASSIGNMENT.—Section 337(b) of the Communica21 tions Act of 1934 (47 U.S.C. 337(b)) is amended to read 

22 as follows: 

23 ‘‘(b) ASSIGNMENT.— 

24 ‘‘(1) IN GENERAL.—Not later than 60 days after 

25 the date of enactment of the Department of Homeland 


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1 Security Authorization Act for Fiscal Year 2012, the 

2 Commission shall allocate the paired electromagnetic 

3 spectrum bands of 758–763 megahertz and 788–793 

4 megahertz for public safety broadband communica5 tions and shall license such paired bands to the public 

6 safety broadband licensee. 

7 ‘‘(2) ESTABLISHMENT OF RULES.— 

8 ‘‘(A) IN GENERAL.—The Commission shall 

9 establish rules to permit the public safety 

10 broadband licensee to authorize providers of pub11 lic safety services to construct and operate a 

12 wireless public safety broadband network in the 

13 spectrum licensed to the public safety broadband 

14 licensee if the public safety broadband licensee 

15 determines that such authorization would expe16 dite the deployment of public safety broadband 

17 communications. 

18 ‘‘(B) NETWORK REQUIREMENTS.—The Com19 mission shall require that any such wireless pub20 lic safety broadband network shall— 

21 ‘‘(i) be fully interoperable and remain 

22 interoperable with, and in conformance 

23 with the same broadband technology stand24 ards as, all other public safety broadband 

25 systems deployed or authorized; 


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1 ‘‘(ii) provide for roaming by local, 

2 State, tribal, and Federal governments and 

3 other authorized users of the spectrum li4 censed to the public safety broadband li5 censee; 

6 ‘‘(iii) provide priority access to public 

7 safety agencies; 

8 ‘‘(iv) be built to survive most large9 scale disasters; 

10 ‘‘(v) ensure that networks of such sys11 tems have the appropriate level of cyber se12 curity; 

13 ‘‘(vi) ensure that authorized users have 

14 control over all local network uses consistent 

15 with rules established by the Commission; 

16 and 

17 ‘‘(vii) be consistent with the Statewide 

18 Interoperable Communications Plans adopt19 ed by each State and the National Emer20 gency Communications Plan, as adopted by 

21 the Department of Homeland Security. 

22 ‘‘(C) DEADLINES.— 

23 ‘‘(i) RULES.—The Commission shall 

24 establish rules under this paragraph not 

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1 ment of the Department of Homeland Secu2 rity Authorization Act for Fiscal Year 2012. 

3 ‘‘(ii) REPORT.— 

4 ‘‘(I) IN GENERAL.—Not later than 

5 60 days after the date of enactment of 

6 the Department of Homeland Security 

7 Authorization Act for Fiscal Year 

8 2012, the public safety broadband li9 censee shall submit a report to the ap10 propriate committees of Congress on 

11 the phased network deployment plan of 

12 such spectrum bands. 

13 ‘‘(II) DEFINITIONS.—For pur14 poses of subclause (I), the term ‘appro15 priate committees of Congress’ means 

16 the Committee on Homeland Security 

17 of the House of Representatives and 

18 any other committee of the House of 

19 Representatives or the Senate having 

20 legislative jurisdiction under the Rules 

21 of the House of Representatives or the 

22 Senate, respectively, over the matter 

23 concerned.’’. 


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1 (c) NETWORK-SHARING AGREEMENTS.—Section 337 of 

2 the Communications Act of 1934 (47 U.S.C. 337) is amend3 ed— 

4 (1) by redesignating subsection (f) as subsection 

5 (g); and 

6 (2) by inserting after subsection (e) the following: 

7 ‘‘(f) RULEMAKING REQUIRED.—The Commission shall 

8 establish regulations to— 

9 ‘‘(1) authorize the shared use of the public safety 

10 broadband spectrum and network infrastructure by 

11 entities that are not defined as public safety services 

12 in subsection (g)(1), subject to the requirement that 

13 public safety services retain priority access to the 

14 spectrum, pursuant to procedures adopted by the 

15 Commission, so long as the needs of other govern16 mental entities needs are considered before commer17 cial entities; and 

18 ‘‘(2) allow use of the public safety broadband 

19 spectrum by emergency response providers, as defined 

20 in section 2 of the Homeland Security Act of 2002 (6 

21 U.S.C. 101).’’. 

22 (d) DEFINITION.—Section 337(g) of the Communica23 tions Act of 1934 (as so redesignated) is amended— 

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

25 paragraphs (3) and (4), respectively; and 


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1 (2) by inserting before paragraph (3), as so re2 designated, the following: 

3 ‘‘(1) PUBLIC SAFETY BROADBAND LICENSEE.— 

4 The term ‘public safety broadband licensee’ means a 

5 licensee as defined by the Commission in its Second 

6 Report and Order adopted July 31, 2007 (FCC 07– 

7 132), and selected in the Commission’s Order adopted 

8 November 19, 2007 (FCC 07–199), by the Commission 

9 to be the licensee for spectrum between 763–768 and 

10 793–798 megahertz. 

11 ‘‘(2) PUBLIC SAFETY BROADBAND SPECTRUM.— 

12 The term ‘public safety broadband spectrum’ means 

13 the electromagnetic spectrum between 758 megahertz 

14 and 768 megahertz, inclusive, and 788 megahertz and 

15 798 megahertz, inclusive, and any additional electro16 magnetic frequencies allocated by the Commission for 

17 public safety broadband use.’’. 

18 SEC. 562. STANDARDS. 

19 (a) INTEROPERABILITY REQUIREMENTS.—To enhance 

20 domestic preparedness for and collective response to a cata21 strophic incident, not later than 180 days after the date 

22 of enactment of this Act, the Chairman of the Federal Com23 munications Commission, in coordination with the Sec24 retary and in consultation with the Director of the National 

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1 eral, and local, State, tribal, and Federal public safety 

2 agencies, shall develop a public safety agency statement of 

3 requirements that enables nationwide interoperability and 

4 roaming across any communications system using public 

5 safety broadband spectrum, as defined in section 337(g) of 

6 the Communications Act of 1934. 

7 (b) SPECIFICATIONS.—The Secretary, in coordination 

8 with the Director of the National Institute of Standards and 

9 Technology, shall establish an appropriate standard, or set 

10 of standards, for enhancing domestic preparedness for and 

11 collective response to a catastrophic incident and meeting 

12 the public safety agency statement requirements developed 

13 under subsection (a), taking into consideration— 

14 (1) the extent to which particular technologies 

15 and user equipment are, or are likely to be, available 

16 in the commercial marketplace; 

17 (2) the availability of necessary technologies and 

18 equipment on reasonable and nondiscriminatory li19 censing terms; 

20 (3) the ability to evolve with technological devel21 opments in the commercial marketplace; 

22 (4) the ability to accommodate prioritization for 

23 public safety transmissions; 

24 (5) the ability to accommodate appropriate secu25 rity measures for public safety transmissions; and 


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1 (6) any other considerations the Federal Commu2 nications Commission deems appropriate. 

3 SEC. 563. RULE OF CONSTRUCTION. 

4 Nothing in this Act, or the amendments made by this 

5 Act, shall be construed to overturn, supersede, or otherwise 

6 preempt the Federal Communication Commission’s Order 

7 adopted on November 19, 2007 (FCC 07–199), setting forth 

8 the roles and responsibilities of the public safety broadband 

9 licensee (as such term is defined in section 337(g) of the 

10 Communications Act of 1934) and the Federal Communica11 tions Commission, except that the following may, by rule 

12 or order, be modified by the Commission: 

13 (1) Any organization seeking membership to the 

14 board of directors of the public safety broadband li15 censee may be voted in by a simple majority of the 

16 then serving members of the board of directors. 

17 (2) The board of directors of the public safety 

18 broadband licensee shall include the following organi19 zations: 

20 (A) International Association of Chiefs of 

21 Police. 

22 (B) International Association of Fire 

23 Chiefs. 

24 (C) National Sheriffs’ Association. 


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1 (D) International Association of Fire Fight2 ers. 

3 (E) National Volunteer Fire Council. 

4 (F) Fraternal Order of Police. 

5 (G) Major Cities Chiefs Association. 

6 (H) Metropolitan Fire Chiefs Association. 

7 (I) Major County Sheriffs’ Association. 

8 (J) Association of Public-Safety Commu9 nications Officials, International. 

10 (K) National Emergency Management Asso11 ciation. 

12 (L) International Association of Emergency 

13 Managers. 

14 (M) Police Executive Research Forum. 

15 (N) National Criminal Justice Association. 

16 (O) National Association of Police Organi17 zations. 

18 (P) National Organization of Black Law 

19 Enforcement Executives. 

20 (Q) Association of Air Medical Services. 

21 (R) Advocates for Emergency Medical Serv22 ices. 

23 (S) Emergency Nurses Association. 

24 (T) National Association of Emergency 

25 Medical Services Physicians. 


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1 (U) National Association of Emergency 

2 Medical Technicians. 

3 (V) National Association of State Emer4 gency Medical Service Officials. 

5 (W) National Emergency Medical Services 

6 Management Association. 

7 (X) International Municipal Signal Asso8 ciation. 

9 (Y) American Probation and Parole Asso10 ciation. 

11 (Z) National Governors Association. 

12 (AA) National Association of Counties. 

13 (BB) National League of Cities. 

14 (CC) United States Conference of Mayors. 

15 (DD) Council of State Governments. 

16 (EE) International City/County Managers 

17 Association. 

18 (FF) National Conference of State Legisla19 tures. 

20 (GG) National Association of Regional 

21 Councils. 

22 (HH) Utilities Telecom Council. 

23 (II) American Association of State High24 way Transportation Officials. 

25 (JJ) American Hospital Association. 


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1 (KK) Forestry Conservation Communica2 tions Association. 

3 (LL) National Association of State 911 Ad4 ministrators. 

5 (MM) National Troopers Coalition. 

6 (NN) National Emergency Numbers Asso7 ciation. 

8 SEC. 564. FUNDING. 

9 (a) ESTABLISHMENT OF FUNDS.— 

10 (1) CONSTRUCTION FUND.— 

11 (A) ESTABLISHMENT.—There is established 

12 in the Treasury of the United States a fund to 

13 be known as the Public Safety Interoperable 

14 Broadband Network Construction Fund. 

15 (B) PURPOSE.—The Secretary shall estab16 lish and administer the grant program under 

17 section 565 using the funds deposited in the Con18 struction Fund. 

19 (C) CREDIT.— 

20 (i) BORROWING AUTHORITY.—The Sec21 retary may borrow from the general fund of 

22 the Treasury beginning on October 1, 2011, 

23 such sums as may be necessary, but not to 

24 exceed $2,000,000,000, to implement section 

25 565. 


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1 (ii) REIMBURSEMENT.—The Secretary 

2 of the Treasury shall reimburse the general 

3 fund of the Treasury, without interest, for 

4 any amounts borrowed under clause (i) as 

5 funds are deposited into the Construction 

6 Fund, but in no case later than December 

7 31, 2014. 

8 (2) MAINTENANCE AND OPERATION FUND.— 

9 (A) ESTABLISHMENT.—There is established 

10 in the Treasury of the United States a fund to 

11 be known as the Public Safety Interoperable 

12 Broadband Network Maintenance and Operation 

13 Fund. 

14 (B) PURPOSE.—The Secretary shall use the 

15 funds deposited in the Maintenance and Oper16 ation Fund to carry out section 566 and section 

17 569(c). 

18 (b) INITIAL DISTRIBUTION OF AUCTION PROCEEDS IN

19 FUNDS.—Notwithstanding subparagraphs (A) and (D) of 

20 section 309(j)(8) of the Communications Act of 1934 (47 

21 U.S.C. 309(j)(8)), the Secretary of the Treasury shall de22 posit the proceeds (including deposits and upfront pay23 ments from successful bidders) from the auction of the spec24 trum described in section 568 in the following manner: 


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1 (1) All proceeds less than or equal to 

2 $5,500,000,000 shall be deposited in the Construction 

3 Fund and shall be made available to the Secretary 

4 without further appropriations. 

5 (2) Any proceeds exceeding $5,500,000,000 shall 

6 be deposited in the Maintenance and Operation Fund 

7 and shall be made available to the Secretary without 

8 further appropriations. 

9 (c) TRANSFER OF FUNDS AT COMPLETION OF CON10 STRUCTION.—The Secretary of the Treasury shall transfer 

11 to the Maintenance and Operation Fund any funds remain12 ing in the Construction Fund after the date of the comple13 tion of the construction phase, as determined by the Sec14 retary. 

15 (d) TRANSFER OF FUNDS TO TREASURY.—The Sec16 retary of the Treasury shall transfer to the general fund 

17 of the Treasury any funds remaining in the Maintenance 

18 and Operation Fund after the end of the 10-year period 

19 following receipt of notice by the Secretary that construc20 tion of the nationwide public safety interoperable 

21 broadband network has been completed. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) CONSTRUCTION FUND.—There are authorized 

24 to be appropriated to the Secretary for deposit in the 

25 Construction Fund in and after fiscal year 2012 an 


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1 amount not to exceed the amount set forth in para2 graph (3). 

3 (2) MAINTENANCE AND OPERATION FUND.— 

4 There are authorized to be appropriated to the Sec5 retary for deposit in the Maintenance and Operation 

6 Fund in and after fiscal year 2012 an amount not 

7 to exceed the amount set forth in paragraph (3). 

8 (3) LIMITATION.—The authorization of appro9 priations under paragraphs (1) and (2) may not ex10 ceed a total of $5,500,000,000. 

11 SEC. 565. PUBLIC SAFETY INTEROPERABLE BROADBAND 

12 NETWORK CONSTRUCTION. 

13 (a) CONSTRUCTION GRANT PROGRAM ESTABLISH14 MENT.—To enhance domestic preparedness for and collec15 tive response to a catastrophic incident, the Secretary shall 

16 take such action as is necessary to establish a grant pro17 gram to assist public safety entities to establish a nation18 wide public safety interoperable broadband network in the 

19 700 megahertz band. 

20 (b) PROJECTS.—The projects for which construction 

21 grants may be made under this section are the following: 

22 (1) Construction of a new public safety inter23 operable broadband network using public safety infra24 structure or commercial infrastructure, or both, in the 

25 700 megahertz band. 


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1 (2) Improvement of the existing public safety 

2 and commercial networks and construction of new in3 frastructure to meet public safety requirements. 

4 (c) MATCHING REQUIREMENTS.— 

5 (1) FEDERAL SHARE.—The Federal share of the 

6 cost of carrying out a project under this section may 

7 not exceed 80 percent of the eligible costs of carrying 

8 out a project, as determined by the Secretary in con9 sultation with the Chairman of the Federal Commu10 nications Commission. 

11 (2) NON-FEDERAL SHARE.—The non-Federal 

12 share of the cost of carrying out a project under this 

13 section may be provided through an in-kind contribu14 tion. 

15 (d) REQUIREMENTS.—Not later than 6 months after 

16 the date of enactment of this Act, the Secretary shall estab17 lish grant program requirements including the following: 

18 (1) Defining entities that are eligible to receive 

19 a grant under this section. 

20 (2) Defining eligible costs for purposes of sub21 section (c)(1). 

22 (3) Determining the scope of network infrastruc23 ture eligible for grant funding under this section. 


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1 (4) Conditioning grant funding on compliance 

2 with the Federal Communications Commission’s li3 cense terms. 

4 (5) Ensuring that all grant funds are in compli5 ance with and support the goals of the National 

6 Emergency Communications Plan and the Statewide 

7 Communication Interoperability Plans for each State 

8 and territory. 

9 (e) TECHNICAL ASSISTANCE.—The Secretary shall en10 hance the Office of Emergency Communications Technical 

11 Assistance Program to assist grantees with best practices 

12 and guidance in implementing these projects. 

13 SEC. 566. PUBLIC SAFETY INTEROPERABLE BROADBAND 

14 MAINTENANCE AND OPERATION. 

15 (a) MAINTENANCE AND OPERATION REIMBURSEMENT

16 PROGRAM.—The Secretary shall administer a program 

17 through which not more than 50 percent of maintenance 

18 and operational expenses associated with the public safety 

19 interoperable broadband network may be reimbursed from 

20 the Maintenance and Operation Fund for those expenses 

21 that are attributable to the maintenance, operation, and 

22 improvement of the public safety interoperable broadband 

23 network. 

24 (b) REPORT.—Not later than 7 years after the com25 mencement of the reimbursement program established under 


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1 subsection (a), the Secretary shall submit to Congress a re2 port on whether to continue to provide funding for the 

3 Maintenance and Operation Fund following completion of 

4 the period provided for under section 564(d). 

5 SEC. 567. AUDITS. 

6 (a) IN GENERAL.—Not later than 3 years after the 

7 date of enactment of this Act, and every 3 years thereafter, 

8 the Comptroller General of the United States shall perform 

9 an audit of the financial statements, records, and accounts 

10 of the— 

11 (1) Public Safety Interoperable Broadband Net12 work Construction Fund established under section 

13 564(a)(1); 

14 (2) Public Safety Interoperable Broadband Net15 work Maintenance and Operation Fund established 

16 under section 564(a)(2); 

17 (3) construction grant program established under 

18 section 565; and 

19 (4) maintenance and operation grant program 

20 established under section 566. 

21 (b) GAAP.—Each audit required under subsection (a) 

22 shall be conducted in accordance with generally accepted 

23 accounting procedures. 


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1 (c) REPORT TO CONGRESS.—A copy of each audit re2 quired under subsection (a) shall be submitted to the appro3 priate committees of Congress. 

4 SEC. 568. AUCTION OF SPECTRUM TO FUND THE INTER5 OPERABLE BROADBAND NETWORK CON6 STRUCTION FUND AND THE OPERATION AND 

7 MAINTENANCE FUND. 

8 (a) REALLOCATION OF SPECTRUM.—Not later than 1 

9 year after the date of enactment of this Act, the Assistant 

10 Secretary shall reallocate for commercial use electro11 magnetic spectrum at 1755–1780 megahertz. 

12 (b) AUCTION.—Not later than 18 months after the date 

13 of enactment of this Act, the Federal Communications Com14 mission shall establish rules for pairing electromagnetic 

15 spectrum bands at 1755–1780 megahertz and 2155–2180 

16 megahertz, inclusive, and auction the licenses for such 

17 paired spectrum in accordance with section 309(j) of the 

18 Communications Act of 1934. 

19 SEC. 569. EXTENSION OF AUCTION AUTHORITY AND ASSUR20 ANCE OF OPEN AUCTIONS. 

21 (a) EXTENSION OF AUCTION AUTHORITY.—Section 

22 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 

23 309(j)(11)) is amended by striking ‘‘2012’’ and inserting 

24 ‘‘2020’’. 


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1 (b) ELIGIBILITY.—The Federal Communications Com2 mission shall ensure that no bidder is deemed ineligible for 

3 or otherwise excluded from an auction specified in this Act, 

4 or any other competitive bidding process under section 

5 309(j) of the Communications Act of 1934, on account of 

6 its size or the amount of its other spectrum holdings. 

7 SEC. 570. DEFINITIONS. 

8 In this subtitle: 

9 (1) The term ‘‘Assistant Secretary’’ means the 

10 Assistant Secretary of Commerce for Communications 

11 and Information. 

12 (2) The term ‘‘appropriate committees of Con13 gress’’ means the Committee on Homeland Security of 

14 the House of Representatives and any other committee 

15 of the House of Representatives or the Senate having 

16 legislative jurisdiction under the Rules of the House 

17 of Representatives or the Senate, respectively, over the 

18 matter concerned. 

19 (3) The term ‘‘catastrophic incident’’ has the 

20 meaning given such term in section 501(3) of the 

21 Homeland Security Act of 2002 (6 U.S.C. 311(3)). 

22 (4) The term ‘‘Construction Fund’’ means the 

23 Public Safety Interoperable Broadband Network Con24 struction Fund established under section 564(a)(1). 


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1 (5) The term ‘‘Maintenance and Operation 

2 Fund’’ means the Public Safety Interoperable 

3 Broadband Network Maintenance and Operation 

4 Fund established under section 564(a)(2). 

5 (6) The term ‘‘Secretary’’ means the Secretary of 

6 Homeland Security unless otherwise indicated. 

7 Subtitle E—Miscellaneous 

8 Provisions 

9 SEC. 581. AUDIT OF THE NATIONAL LEVEL EXERCISE. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of enactment of this Act, the Inspector General of the 

12 Department of Homeland Security shall conduct— 

13 (1) an audit of expenses associated with the 2010 

14 and 2011 National Level Exercises, including costs of 

15 planning and executing the exercise scenario; and 

16 (2) a review of whether the Federal Emergency 

17 Management Agency is incorporating lessons learned 

18 from national exercises into training, planning, and 

19 other operations. 

20 (b) REPORT.—The Inspector General shall submit a 

21 report on the findings of the audit and review to the appro22 priate congressional committees. 


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1 SEC. 582. FEMA REPORT TO CONGRESS ON SOURCING AND 

2 DISTRIBUTION OF DISASTER RESPONSE 

3 GOODS AND SERVICES. 

4 Not later than 90 days after the date of enactment of 

5 this Act, the Administrator of the Federal Emergency Man6 agement Agency shall submit to the appropriate congres7 sional committees a report on the Agency’s progress in im8 proving sourcing for disaster response goods and services, 

9 including on— 

10 (1) the adoption of a single-point ordering con11 cept as recommended by the Department of Homeland 

12 Security Inspector General; 

13 (2) investment in information technology systems 

14 to support single-point ordering and make sourcing 

15 and supply movement transparent as recommended 

16 by the Department of Homeland Security Inspector 

17 General; 

18 (3) development of an overarching strategy for 

19 the sourcing of disaster response goods and services; 

20 and 

21 (4) other steps taken by the Agency to promote 

22 efficiency in sourcing and distribution, and to elimi23 nate duplication and waste of essential goods and 

24 services during response to a disaster. 


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1 SEC. 583. RURAL RESILIENCE INITIATIVE. 

2 (a) IN GENERAL.—Title XXI of the Homeland Secu3 rity Act of 2002, as added by section 501 of this Act, is 

4 further amended by adding at the end the following: 

5 ‘‘SEC. 2111. RURAL RESILIENCE INITIATIVE. 

6 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

7 and Technology of the Department of Homeland Security 

8 shall conduct research intended to assist State, local, and 

9 tribal leaders and the private sector in developing the tools 

10 and methods to enhance rural preparation for, and response 

11 and resilience to, terrorist attacks and other incidents. 

12 ‘‘(b) INCLUDED ACTIVITIES.—Activities under this sec13 tion may include— 

14 ‘‘(1) research and implementation through out15 reach activities with rural communities; 

16 ‘‘(2) an examination of how communities employ 

17 resilience capabilities and response assets; 

18 ‘‘(3) development and use of a community resil19 ience baseline template for determining the resilience 

20 capacity of a rural community; 

21 ‘‘(4) a plan to address community needs for re22 silience; 

23 ‘‘(5) an education program for community lead24 ers and first responders about their resilience capac25 ity and mechanisms for mitigation, including via dis26 tance learning; and 


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1 ‘‘(6) a mechanism by which this research can 

2 serve as a model for adoption by communities across 

3 the Nation.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents in 

5 section 1(b) of such Act is further amended by adding at 

6 the end of the items relating to such title the following: 

‘‘Sec. 2111. Rural resilience initiative.’’. 

7 SEC. 584. NATIONAL DOMESTIC PREPAREDNESS CONSOR8 TIUM. 

9 Section 1204 of the Implementing Recommendations 

10 of the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is 

11 amended— 

12 (1) in subsection (b)(6), by striking ‘‘the Trans13 portation Technology Center, Incorporated, in Pueblo, 

14 Colorado’’ and inserting ‘‘the Railroad Research 

15 Foundation’’; 

16 (2) in subsection (c), by inserting ‘‘(including 

17 medical readiness training)’’ after ‘‘deliver training’’; 

18 (3) in subsection (d)(1)— 

19 (A) in subparagraph (C), by striking ‘‘and’’ 

20 at the end; and 

21 (B) by inserting after subparagraph (D) the 

22 following new subparagraph: 

23 ‘‘(E) $62,500,000 for fiscal year 2012; 

24 and’’; and 

25 (4) in subsection (d)(2)— 


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1 (A) in subparagraph (C), by striking ‘‘and’’ 

2 at the end; 

3 (B) in subparagraph (D), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(E) $22,000,000 for fiscal year 2012.’’. 

8 SEC. 585. TECHNICAL CORRECTION. 

9 Section 525(a) of the Homeland Security Act of 2002 

10 (6 U.S.C. 321n(a)) is amended by inserting ‘‘, acting 

11 through the Administrator,’’ after ‘‘Secretary’’. 

12 SEC. 586. CERTIFICATION THAT DISASTER FUND RECIPI13 ENTS SUBJECT TO RECOUPMENT RECEIVE A 

14 NOTICE OF DEBT AND OPPORTUNITY TO AP15 PEAL BEFORE DEBT IS FORWARDED TO DE16 PARTMENT OF THE TREASURY. 

17 The Administrator of the Federal Emergency Manage18 ment Agency, or the Administrator’s duly appointed rep19 resentative, shall certify to the Department of the Treasury 

20 that any recipient of disaster funds subject to recoupment 

21 received a notice of debt and opportunity to appeal prior 

22 to the Federal Emergency Management Agency forwarding 

23 the debt to the Department of the Treasury. 


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1 SEC. 587. CONFORMING AMENDMENT. 

2 Section 316 of the Homeland Security Act of 2002 (6 

3 U.S.C. 195b), and the item relating to such section in sec4 tion 1(b) of such Act, are repealed. 

5 SEC. 588. DELEGATION OF AUTHORITIES TO THE REGIONAL 

6 OFFICES REVIEW. 

7 (a) IN GENERAL.—The Inspector General of the De8 partment shall audit how all regional offices within the 

9 Federal Emergency Management Agency are carrying out 

10 delegated authorities pursuant to the Post-Katrina Emer11 gency Management and Reform Act of 2006 and a memo12 randum executed in July 2009 by the Administrator. 

13 (b) CONTENTS.—The audit shall assess, at a min14 imum, the following: 

15 (1) The ability of each regional office to— 

16 (A) coordinate, on an ongoing basis, with 

17 State, local, and tribal governments, emergency 

18 response providers, and other appropriate enti19 ties to identify and address regional priorities; 

20 (B) foster better regional operable and 

21 interoperable emergency communications capa22 bilities; 

23 (C) support coordinated and integrated 

24 Federal preparedness, protection, response, recov25 ery, and mitigation capabilities to respond to 


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1 natural disasters, acts of terrorism, and other 

2 manmade disasters within that region; 

3 (D) identify critical gaps in regional capa4 bilities to respond to populations with special 

5 needs; 

6 (E) conduct all procurements in a timely 

7 and secure manner that prevents waste and 

8 fraud and is consistent with Federal Emergency 

9 Management Agency procurement policies and 

10 programs; 

11 (F) engage in employment practices that 

12 are consistent with Federal requirements and are 

13 transparent, efficient, and ethical; and 

14 (G) effectively conduct ongoing oversight of 

15 the use of homeland security grants and funding 

16 within the region to promote greater prepared17 ness and response capabilities and prevent waste 

18 and fraud. 

19 (2) The impact of the delegation of authorities on 

20 the Administrator’s ability to achieve consistency 

21 throughout the regions. 

22 (3) The adequacy of oversight by the Adminis23 trator of how the regions are executing the delegated 

24 authorities and carrying out assigned responsibilities. 


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1 (4) The impact of the delegation of authorities on 

2 the Federal Emergency Management Agency and spe3 cific regions to address the recommendations of the 

4 Office of Inspector General and the Comptroller Gen5 eral of the United States in a timely manner. 

6 SEC. 589. LESSONS LEARNED FOR NATIONAL LEVEL EXER7 CISES. 

8 The Administrator of the Federal Emergency Manage9 ment Agency shall provide electronically, to the maximum 

10 extent practicable, lessons learned reports to each designated 

11 representative of participating State, local, and tribal juris12 dictions and private sector entities that participate in Na13 tional Level Exercises of the Department. At the time the 

14 Administrator provides such reports to participating juris15 dictions, the Administrator shall also provide the reports 

16 electronically to the Committee on Homeland Security of 

17 the House of Representatives and the Committee on Home18 land Security and Governmental Affairs of the Senate. 

19 Each lessons learned report shall be tailored to convey infor20 mation on that exercise that could be leveraged to enhance 

21 preparedness and response. 

22 SEC. 590. SYSTEM ASSESSMENT AND VALIDATION FOR 

23 EMERGENCY RESPONDERS. 

24 The Under Secretary for Science and Technology of the 

25 Department shall establish and maintain a program for 


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1 system assessment and validation of emergency responder 

2 equipment, which shall be known as the ‘‘SAVER Pro3 gram’’. The Under Secretary shall ensure that such pro4 gram— 

5 (1) conducts objective, impartial, practitioner6 relevant, and operationally oriented assessments and 

7 validations of commercial emergency responder equip8 ment and systems; 

9 (2) is supported by a network of technical enti10 ties that coordinate emergency responder participa11 tion to perform the assessment and validation activi12 ties using robust scientific and testing protocols; 

13 (3) in coordination with the Administrator of 

14 the Federal Emergency Management Agency, identi15 fies emergency responder equipment information 

16 needs and prioritizes equipment to be assessed; 

17 (4) provides quantitative results along with other 

18 relevant equipment information to the emergency re19 sponse provider community in an operationally use20 ful form; 

21 (5) provides information on equipment that falls 

22 within the categories listed in the Department’s au23 thorized equipment list; 


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1 (6) provides information that enables decision2 makers and responders to better select, procure, use, 

3 and maintain emergency responder equipment; and 

4 (7) shares such information nationally with the 

5 emergency response provider community at the Fed6 eral, State, and local levels. 

7 SEC. 591. NATIONAL TRANSPORTATION SECURITY CENTER 

8 OF EXCELLENCE. 

9 Section 1205(d) of the Implementing Recommenda10 tions of the 9/11 Commission Act of 2007 (6 U.S.C. 

11 1103(d)) is amended— 

12 (1) in paragraph (3), by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (4), by striking the period at 

15 the end and inserting a semicolon; and 

16 (3) by adding at the end the following new para17 graphs: 

18 ‘‘(5) $18,000,000 for fiscal year 2012; 

19 ‘‘(6) $18,000,000 for fiscal year 2013; and 

20 ‘‘(7) $18,000,000 for fiscal year 2014.’’. 

21 SEC. 592. MENTAL HEALTH COUNSELING FOR DISASTER 

22 VICTIMS. 

23 The Secretary shall conduct a review on the activities 

24 associated with mental health counseling for disaster vic25 tims to ensure that policies, procedures, and coordination 


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1 efforts of the Department are adequate and serve the inter2 ests of disaster victims. 

3 SEC. 593. EFFECTIVENESS OF CERTAIN DISASTER PREPARA4 TION. 

5 The Comptroller General of the United States shall 

6 conduct a study evaluating the effectiveness of the Robert 

7 T. Stafford Disaster Relief and Emergency Assistance Act 

8 (42 U.S.C. 5121 et seq.) relating to disaster housing pro9 grams and collaboration and coordination between the Fed10 eral Emergency Management Agency and the Department 

11 of Housing and Urban Development. 

12 TITLE VI—BORDER SECURITY 

13 PROVISIONS 

14 SEC. 601. DEFINITIONS. 

15 In this title: 

16 (1) COMMISSIONER.—The term ‘‘Commissioner’’ 

17 means the Commissioner of U.S. Customs and Border 

18 Protection of the Department of Homeland Security. 

19 (2) MAJOR VIOLATOR.—The term ‘‘major viola20 tor’’ means a person or entity that is or has engaged 

21 in serious criminal activities at any land, air, or sea 

22 port of entry, including possession of narcotics, smug23 gling of prohibited products, human smuggling, weap24 ons possession, use of fraudulent United States docuVerDate Mar 15 2010 23:50 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6203 E:\BILLS\H3116.RH H3116

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1 ments, and other offenses serious enough to result in 

2 arrest. 

3 (3) NORTHERN BORDER.—The term ‘‘northern 

4 border’’ means the international border between the 

5 United States and Canada. 

6 (4) OPERATIONAL CONTROL.—The term ‘‘oper7 ational control’’ has the meaning given such term in 

8 section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 

9 1701 note; Public Law 109–367). 

10 (5) SOUTHERN BORDER.—The term ‘‘southern 

11 border’’ means the international border between the 

12 United States and Mexico. 

13 SEC. 602. STRATEGY TO ACHIEVE OPERATIONAL CONTROL 

14 OF THE BORDER. 

15 (a) STRATEGY TO SECURE THE BORDER BETWEEN

16 THE PORTS OF ENTRY.—Not later than 180 days after the 

17 date of the enactment of this Act, the Secretary shall submit 

18 to the appropriate congressional committees a comprehen19 sive strategy for gaining, within five years, operational con20 trol of the international borders between the ports of entry 

21 of the United States. The strategy shall include an analysis 

22 of the following: 

23 (1) Staffing requirements for all border security 

24 functions. 


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1 (2) Investment in infrastructure, including pe2 destrian fencing, vehicle barriers, and roads. 

3 (3) The use of unmanned aerial vehicles, camera 

4 technology, sensors, and other innovative technology 

5 as the Secretary may determine. 

6 (4) Cooperative agreements with international, 

7 State, local, tribal, and other Federal law enforcement 

8 agencies that have jurisdiction on the northern border 

9 and southern border. 

10 (5) Other means designed to detect, respond to, 

11 and interdict unlawful cross-border activity and to 

12 reduce the level of violence. 

13 (6) A schedule for implementing security meas14 ures, including a prioritization for future invest15 ments. 

16 (7) A comprehensive technology plan for major 

17 surveillance and detection technology programs, in18 cluding a justification and rationale for technology 

19 choices and deployment locations. 

20 (8) The feasibility of using existing Tethered 

21 Aerostat Radar Systems for use along the southwest 

22 border. 

23 (b) SECURING THE BORDER AT PORTS OF ENTRY.— 

24 Not later than 180 days after the date of the enactment of 

25 this Act, the Secretary shall develop metrics to measure the 


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1 effectiveness of security at ports of entry, which shall con2 sider, at minimum, the following: 

3 (1) The number of infractions related to per4 sonnel and cargo committed by major violators who 

5 are apprehended by U.S. Customs and Border Protec6 tion at such ports of entry. 

7 (2) The estimated number of such infractions 

8 committed by major violators who are not so appre9 hended. 

10 (3) The required number of U.S. Customs and 

11 Border Protection Officers, Agricultural Specialists, 

12 and Canine Enforcement Officers necessary to achieve 

13 operational control at such ports of entry. 

14 (4) Infrastructure improvements required to 

15 achieve operational control at such ports of entry, in16 cluding the installation of nonintrusive detection 

17 equipment, radiation portal monitors, biometrics, and 

18 other sensors and technology that the Secretary deter19 mines necessary. 

20 (5) The deployment of resources based on the 

21 overall commercial and passenger traffic, cargo vol22 ume, and threat environment at such ports of entry. 

23 (c) EVALUATION BY NATIONAL LABORATORY.—The 

24 Secretary shall submit a request to a Department of Energy 

25 national laboratory with appropriate expertise in border seVerDate Mar 15 2010 23:50 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6203 E:\BILLS\H3116.RH H3116

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1 curity to evaluate the suitability and statistical validity of 

2 the measurement system required under subsection (b) for 

3 analyzing progress in the interdiction of unlawful crossings 

4 and contraband at ports of entry. 

5 (d) CONSIDERATION OF ALTERNATIVE BORDER SECU6 RITY STANDARDS.—If in developing the strategic plan re7 quired under subsection (a) the Secretary determines to 

8 measure security between ports of entry by a standard other 

9 than operational control, the Secretary shall submit a re10 quest to a Department of Energy national laboratory with 

11 appropriate expertise in border security to evaluate the 

12 suitability and statistical validity of the measurement sys13 tem required under subsection (b) for analyzing progress 

14 in the interdiction of unlawful crossings and contraband 

15 at ports of entry. 

16 (e) REPORTS.—Not later than 90 days after the date 

17 of the enactment of this Act and annually thereafter, the 

18 Secretary shall submit to the appropriate congressional 

19 committees a report on the following: 

20 (1) A resource allocation model for current and 

21 future year staffing requirements that includes opti22 mal staffing levels at all land, air, and sea ports of 

23 entry and an explanation of U.S. Customs and Bor24 der Protection methodology for aligning staffing levels 


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1 and workload to threats and vulnerabilities across all 

2 mission areas. 

3 (2) Detailed information on the level of man4 power data available at all land, air, and sea ports 

5 of entry, including the number of canine and agricul6 tural officers assigned to each such port of entry. 

7 (f) PRIORITY.—In making infrastructure improve8 ments at ports of entry in accordance with subsection 

9 (b)(4), the Commissioner of U.S. Customs and Border Pro10 tection, in coordination with the heads of relevant Federal 

11 departments and agencies, shall give priority to those ports 

12 of entry determined to be in most need of repair in order 

13 to improve border security and for other purposes in accord14 ance with port of entry infrastructure assessment studies 

15 required in section 603 of the Border Infrastructure and 

16 Technology Modernization Act of 2007 (enacted as title VI 

17 of division E of the Consolidated Appropriations Act, 2008 

18 (Public Law 110–161)). 

19 SEC. 603. MAINTAINING BORDER PATROL STAFFING. 

20 (a) IN GENERAL.—Subject to the availability of appro21 priations, for each of fiscal years 2012 and 2013, the Sec22 retary shall maintain a force of not fewer than 21,300 Bor23 der Patrol agents and sufficient support staff for such 

24 agents, including mechanics, administrative support, and 

25 surveillance personnel. 


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1 (b) NORTHERN BORDER.—Of the Border Patrol agents 

2 referred to in subsection (a), not fewer than 2,200 of such 

3 agents shall be assigned to the northern border. 

4 (c) DEPLOYMENT.—The Commissioner of U.S. Cus5 toms and Border Protection shall take into account appre6 hension rates, unlawful border crossings, and the number 

7 of apprehensions of aliens unlawfully present in the United 

8 States per Border Patrol agent when determining the de9 ployment locations of the Border Patrol agents referred to 

10 in subsection (a). 

11 SEC. 604. JAIME ZAPATA BORDER ENFORCEMENT SECURITY 

12 TASK FORCE. 

13 (a) ESTABLISHMENT.—There is established in United 

14 States Immigration and Customs Enforcement (ICE) a 

15 program known as a Border Enforcement Security Task 

16 Force (referred to as ‘‘BEST’’). 

17 (b) PURPOSE.—The purpose of the BEST program is 

18 to establish units to enhance border security by addressing 

19 and reducing border security threats and violence by— 

20 (1) facilitating collaboration among Federal, 

21 State, local, tribal, and foreign law enforcement agen22 cies to execute coordinated activities in furtherance of 

23 border security, and homeland security; and 


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1 (2) enhancing information-sharing, including the 

2 dissemination of homeland security information 

3 among such agencies. 

4 (c) COMPOSITION AND DESIGNATION.— 

5 (1) COMPOSITION.—BEST units may be com6 prised of personnel from— 

7 (A) United States Immigration and Cus8 toms Enforcement; 

9 (B) United States Customs and Border Pro10 tection; 

11 (C) the Coast Guard; 

12 (D) other Federal agencies, as appropriate; 

13 (E) appropriate State law enforcement 

14 agencies; 

15 (F) foreign law enforcement agencies, as ap16 propriate; 

17 (G) local law enforcement agencies from af18 fected border cities and communities; and 

19 (H) appropriate tribal law enforcement 

20 agencies. 

21 (2) DESIGNATION.—The Secretary is authorized 

22 to establish BEST units in jurisdictions where such 

23 units can contribute to the BEST program’s missions. 

24 Prior to establishing a BEST unit, the Assistant Sec25 retary shall consider the following factors: 


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1 (A) Whether the area where the BEST unit 

2 would be established is significantly impacted by 

3 cross-border threats. 

4 (B) The availability of Federal, State, local, 

5 tribal, and foreign law enforcement resources to 

6 participate in the BEST unit. 

7 (C) The extent to which border security 

8 threats are having a significant harmful impact 

9 in the jurisdiction in which the BEST unit is to 

10 be established, and other jurisdictions of the 

11 country. 

12 (D) Whether or not an Integrated Border 

13 Enforcement Team already exists in the area 

14 where the BEST unit would be established. 

15 (d) OPERATION.—After making a designation under 

16 subsection (d)(2), and in order to provide Federal assistance 

17 to the area so designated, the Secretary may— 

18 (1) obligate such sums as are appropriated for 

19 the BEST program; 

20 (2) direct the assignment of Federal personnel to 

21 the BEST program, subject to the approval of the 

22 head of the department or agency that employs such 

23 personnel; and 


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1 (3) take other actions to assist State, local, trib2 al, and foreign jurisdictions to participate in the 

3 BEST program. 

4 (e) REPORT.—Not later than 180 days after the date 

5 of the establishment of the BEST program under subsection 

6 (b) and annually thereafter, the Secretary shall submit to 

7 Congress a report on the effectiveness of the BEST program 

8 in enhancing border security and reducing the drug traf9 ficking, arms smuggling, illegal alien trafficking and smug10 gling, violence, and kidnapping along and across the inter11 national borders of the United States as measured by crime 

12 statistics, including violent deaths, incidents of violence, 

13 and drug-related arrests. 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated to the Secretary to carry out 

16 this section $15,400,000 for fiscal year 2012 over amounts 

17 that are otherwise authorized to be appropriated for this 

18 purpose. The $15,400,000 in funds utilized to fund U.S. Im19 migration and Customs Enforcement’s border enforcement 

20 security task force, better known as ‘‘BEST Teams’’, will 

21 be taken from the cancellation of the Department’s Ad22 vanced Spectroscopic Portal Program, or ASP. 


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

2 AGENTS. 

3 (a) GOVERNMENT ACCOUNTABILITY OFFICE RE4 VIEW.—Not later than 90 days after the date of the enact5 ment of this Act, the Comptroller General of the United 

6 States shall conduct a review of the basic training provided 

7 by United States Customs and Border Protection to Border 

8 Patrol agents to ensure that such training is being con9 ducted as efficiently and cost-effectively as possible. 

10 (b) CONTENTS OF REVIEW.—The review shall include 

11 the following: 

12 (1) An evaluation of the appropriateness of the 

13 length and content of the basic training curriculum 

14 provided by the Federal Law Enforcement Training 

15 Center to new Border Patrol agents. 

16 (2) An evaluation of the appropriateness and a 

17 detailed breakdown of the costs incurred by United 

18 States Customs and Border Protection and the Fed19 eral Law Enforcement Training Center to train one 

20 new Border Patrol agent. 

21 (3) A cost and effectiveness of training compari22 son with other similar law enforcement training pro23 grams provided by State and local agencies, non-prof24 it organizations, universities, and the private sector. 


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1 (4) Recommendations to increase the number of 

2 Border Patrol agents trained per year, and to reduce 

3 the per-agent costs of basic training— 

4 (A) through utilization of comparable train5 ing programs sponsored by State and local agen6 cies, non-profit organizations, universities, and 

7 the private sector; 

8 (B) by allowing Border Patrol agents to 

9 take proficiency tests, enroll in long distance 

10 learning programs, and waive such courses as 

11 Spanish language instruction or physical fitness; 

12 or 

13 (C) by any other means the Comptroller 

14 General considers appropriate. 

15 SEC. 606. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES 

16 OF U.S. CUSTOMS AND BORDER PROTECTION 

17 RELATED TO BORDER SECURITY. 

18 (a) PROHIBITION ON SECRETARIES OF THE INTERIOR

19 AND AGRICULTURE.—The Secretary of the Interior or the 

20 Secretary of Agriculture shall not impede, prohibit, or re21 strict activities of U.S. Customs and Border Protection on 

22 land that is located within 100 miles of the international 

23 land borders of the United States that would otherwise be 

24 under the jurisdiction of the Secretary of the Interior or 

25 the Secretary of Agriculture in order to achieve operational 


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1 control over the international land borders of the United 

2 States. 

3 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

4 BORDER PROTECTION.—Notwithstanding any other provi5 sion of law, U.S. Customs and Border Protection shall have 

6 access to land under the jurisdiction of the Secretary of the 

7 Interior or the Secretary of Agriculture that is located with8 in 100 miles of the international land borders of the United 

9 States for purposes of conducting the following activities on 

10 such land that assist in securing the international land bor11 ders of the United States: 

12 (1) Construction and maintenance of roads. 

13 (2) Construction and maintenance of fences. 

14 (3) Use vehicles to patrol. 

15 (4) Installation, maintenance, and operation of 

16 surveillance equipment and sensors. 

17 (5) Use of aircraft. 

18 (6) Deployment of temporary tactical infrastruc19 ture, including forward operating bases. 

20 (c) PROTECTION OF NATURAL AND CULTURAL RE21 SOURCES.—The activities described in subsection (b) shall 

22 be conducted, to the maximum extent practicable, in a man23 ner that the Commissioner of U.S. Customs and Border 

24 Protection determines will best protect the natural and cul25 tural resources on Federal lands. 


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1 (d) PROTECTION OF LEGAL USES.—This section shall 

2 not be construed to provide— 

3 (1) authority to restrict legal uses, such as graz4 ing, hunting, or mining, on land under the jurisdic5 tion of the Secretary of the Interior or the Secretary 

6 of Agriculture; or 

7 (2) any additional authority to restrict legal ac8 cess to such land. 

9 (e) LIMITATION REGARDING INTERMINGLED PRIVATE

10 AND STATE LAND.—This section shall not apply to any pri11 vate or State-owned land within the boundaries of Federal 

12 lands. 

13 SEC. 607. BORDER SECURITY INFRASTRUCTURE AND TECH14 NOLOGY. 

15 (a) IN GENERAL.—The Commissioner, in collaboration 

16 with the Under Secretary for Science and Technology, shall 

17 identify equipment and technology described in subsection 

18 (b) that would enhance the security of the northern and 

19 southern borders. 

20 (b) EQUIPMENT AND TECHNOLOGY DESCRIBED.—The 

21 equipment and technology referred to in subsection (a) shall 

22 include equipment and technology designed to— 

23 (1) detect anomalies such as tunnels and 

24 breaches in perimeter security; 

25 (2) detect the use of unauthorized vehicles; 


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1 (3) detect low-flying aircraft; 

2 (4) employ unmanned vehicles; or 

3 (5) otherwise strengthen the ability to detect and 

4 deter unlawful entries at and between ports of entry. 

5 (c) CONSULTATION.—In carrying out this section, the 

6 Commissioner shall consult with the Assistant Secretary of 

7 Defense for Research and Engineering to leverage existing 

8 research and development of relevant equipment and tech9 nologies. 

10 (d) OFF-THE-SHELF TECHNOLOGY.—In identifying 

11 equipment and technology under subsection (a), the Sec12 retary shall endeavor to integrate equipment technology 

13 that has already been acquired and deployed on the north14 ern and southern border, including cameras, sensors, un15 manned aerial vehicles, radar, and other technologies, along 

16 with the emerging technology, using commercial off-the-shelf 

17 software products in order to establish a common operating 

18 picture that can autonomously process data, identify 

19 threats, and initiate an appropriate response. 

20 SEC. 608. NORTHERN BORDER CANINE TEAMS. 

21 (a) DEPLOYMENT OF CANINES.—Not later than one 

22 year after the date of the enactment of this Act, the Sec23 retary shall deploy no less than one additional canine en24 forcement team, capable of detecting narcotics, at each of 

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1 fic volume, and at other ports of entry as the Secretary de2 termines appropriate. 

3 (b) ACQUISITION OF CANINES.—In acquiring canine 

4 assets required under subsection (a), the Secretary shall, to 

5 the greatest extent possible, acquire canines that are bred 

6 in the United States. 

7 (c) REPORTING REQUIREMENT.—One year after the 

8 deployment of additional canines under subsection (a), the 

9 Secretary shall provide information to the appropriate con10 gressional committees analyzing the effectiveness of the ca11 nine enforcement teams in enhancing operational control 

12 and reducing the unlawful trafficking of drugs, or for other 

13 homeland security missions, with comparisons to relevant 

14 statistics measuring similar activity in prior years. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated $1,000,000 to carry out this 

17 section. 

18 SEC. 609. UNMANNED VEHICLES PILOT PROGRAM. 

19 (a) IN GENERAL.—Not later than six months after the 

20 date of the enactment of this Act, the Commissioner, in co21 operation with the Under Secretary of Homeland Security 

22 for Science and Technology, shall initiate a six-month pilot 

23 program to test the use of autonomous unmanned vehicles. 


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1 (b) LOCATION.—The pilot program shall, at a min2 imum, test the effectiveness of autonomous unmanned vehi3 cles to patrol— 

4 (1) the maritime environment along the northern 

5 border; and 

6 (2) the land environment along the southern bor7 der. 

8 (c) REPORT.—Not later than six months after the date 

9 of the completion of the pilot program, the Under Secretary 

10 of Homeland Security for Science and Technology shall sub11 mit to the appropriate congressional committees a report 

12 on the effectiveness and scalability of the use of autonomous 

13 unmanned vehicles to patrol the locations described in sub14 section (b). 

15 (d) USE OF AVAILABLE FUNDING.—The Secretary 

16 may use funding already appropriated for the Innovative 

17 Technology Pilot Program to pay for the pilot described in 

18 this section. 

19 (e) RULE OF CONSTRUCTION.—Nothing in this section 

20 shall be constructed as authorizing flight testing of autono21 mous unmanned vehicles that are unmanned aerial vehicles 

22 in any area except for segregated airspace. 

23 SEC. 610. REPORT ON UNMANNED AERIAL VEHICLES. 

24 (a) IN GENERAL.—Not later than 270 days after the 

25 date of the enactment of this Act, the Comptroller General 


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1 of the United States shall submit to the appropriate con2 gressional committees a report that analyzes and compares 

3 the costs and missions of different aviation assets, including 

4 unmanned aerial vehicles, utilized by U.S. Customs and 

5 Border Protection and the Coast Guard, to assess the cost 

6 efficiencies and operational advantages provided by un7 manned aerial vehicles as compared to manned aerial vehi8 cles. 

9 (b) REQUIRED DATA.—The report required under sub10 section (a) shall include a detailed assessment of costs for 

11 operating each type of asset described in such report, in12 cluding— 

13 (1) fuel costs; 

14 (2) crew and staffing costs; 

15 (3) maintenance costs; 

16 (4) communication and satellite bandwidth costs; 

17 (5) costs associated with the acquisition of each 

18 type of such asset; and 

19 (6) any other relevant costs necessary to provide 

20 a holistic analysis and to identify potential cost sav21 ings. 

22 SEC. 611. STUDENT VISA SECURITY IMPROVEMENT. 

23 (a) ENHANCED STUDENT VISA BACKGROUND

24 CHECKS.—Section 428(e) of the Homeland Security Act of 


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1 2002 (6 U.S.C. 236(e)) is amended by adding at the end 

2 the following new paragraph: 

3 ‘‘(9) STUDENT VISAS.—In administering the 

4 program under this subsection, the Secretary, not 

5 later than 180 days after the date of the enactment 

6 of the Student Visa Security Improvement Act, 

7 shall— 

8 ‘‘(A) prescribe regulations to require em9 ployees assigned under paragraph (1) to review 

10 the applications of all applicants recommended 

11 by Department of State personnel for visas under 

12 subparagraph (F), (J), or (M) of section 

13 101(a)(15) of the Immigration and Nationality 

14 Act (8 U.S.C. 1101(a)(15)), and conduct in-per15 son interviews where appropriate, prior to final 

16 adjudication, with special emphasis on deter17 mining whether applicants are inadmissible 

18 under section 212(a)(3)(B) of such Act (8 U.S.C. 

19 1182(a)(3)(B)) (relating to terrorist activities); 

20 ‘‘(B) ensure that employees assigned under 

21 paragraph (1) conduct on-site reviews of any ap22 plications and supporting documentation for 

23 visas under subparagraph (F), (J), or (M) of sec24 tion 101(a)(15) of the Immigration and NationVerDate Mar 15 2010 23:50 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6203 E:\BILLS\H3116.RH H3116

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1 ality Act (8 U.S.C. 1101(a)(15)) that they deem 

2 appropriate prior to final adjudication; and 

3 ‘‘(C) update, in consultation with the Sec4 retary of State, the memorandum of under5 standing between the Department of Homeland 

6 Security and the Department of State regarding 

7 implementation of this section to clarify the roles 

8 and responsibilities of employees assigned under 

9 paragraph (1) specifically with regard to the du10 ties prescribed by this paragraph.’’. 

11 (b) STUDENT AND EXCHANGE VISITOR PROGRAM.— 

12 Section 442 of the Homeland Security Act of 2002 (6 U.S.C. 

13 252) is amended— 

14 (1) in subsection (a)— 

15 (A) by redesignating paragraph (5) as 

16 paragraph (11); and 

17 (B) by inserting after paragraph (4) the fol18 lowing new paragraph: 

19 ‘‘(5) STUDENT AND EXCHANGE VISITOR PRO20 GRAM.—In administering the program under para21 graph (4), the Secretary shall, not later than one year 

22 after the date of the enactment of the Student Visa Se23 curity Improvement Act— 

24 ‘‘(A) prescribe regulations to require an in25 stitution or exchange visitor program sponsor 


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1 participating in the Student and Exchange Vis2 itor Program to ensure that each covered student 

3 or exchange visitor enrolled at the institution or 

4 attending the exchange visitor program— 

5 ‘‘(i) is an active participant in the 

6 program for which the covered student or 

7 exchange visitor was issued a visa to enter 

8 the United States; 

9 ‘‘(ii) is not unobserved for any pe10 riod— 

11 ‘‘(I) exceeding 30 days during 

12 any academic term or program in 

13 which the covered student or exchange 

14 visitor is enrolled; or 

15 ‘‘(II) exceeding 60 days during 

16 any period not described in subclause 

17 (I); and 

18 ‘‘(iii) is reported to the Department 

19 within 10 days of— 

20 ‘‘(I) transferring to another insti21 tution or program; 

22 ‘‘(II) changing academic majors; 

23 or 


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1 ‘‘(III) any other changes to infor2 mation required to be maintained in 

3 the system described in paragraph (4); 

4 ‘‘(B) notwithstanding subparagraph (A), re5 quire each covered student or exchange visitor to 

6 be observed at least once every 60 days; and 

7 ‘‘(C) prescribe regulations defining what 

8 constitutes the commencement of participation of 

9 a covered student in a designated exchange vis10 itor program (as defined in section 641(h) of the 

11 Illegal Immigration Reform and Immigrant Re12 sponsibility Act of 1996 (8 U.S.C. 1372(h))). 

13 ‘‘(6) ENHANCED ACCESS.—The Secretary shall 

14 provide access to the Student and Exchange Visitor 

15 Information System (hereinafter in this subsection re16 ferred to as the ‘SEVIS’), or other equivalent or suc17 cessor program or system, to appropriate employees of 

18 an institution or exchange visitor program sponsor 

19 participating in the Student and Exchange Visitor 

20 Program if— 

21 ‘‘(A) at least two authorized users are iden22 tified at each participating institution or ex23 change visitor sponsor; 

24 ‘‘(B) at least one additional authorized user 

25 is identified at each such institution or sponsor 


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1 for every 200 covered students or exchange visi2 tors enrolled at the institution or sponsor; and 

3 ‘‘(C) each authorized user is certified by the 

4 Secretary as having completed an appropriate 

5 training course provided by the Department for 

6 the program or system. 

7 ‘‘(7) PROGRAM SUPPORT.—The Secretary shall 

8 provide appropriate technical support options to fa9 cilitate use of the program or system described in 

10 paragraph (4) by authorized users. 

11 ‘‘(8) SEVIS DATA.—The system described in 

12 paragraph (4) shall include— 

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

14 performance meets the minimum academic 

15 standards of the institution in which such stu16 dent is enrolled; and 

17 ‘‘(B) timely entry of any information re18 quired by paragraph (5) regarding covered stu19 dents and exchange visitors enrolled at institu20 tions or exchange program sponsors. 

21 ‘‘(9) SAVINGS CLAUSE.—Nothing in this section 

22 shall prohibit the Secretary or any institution or ex23 change program sponsor participating in the Student 

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1 quent observations of covered students or exchange 

2 visitors. 

3 ‘‘(10) DECERTIFICATION.—The Secretary is au4 thorized, without notice, to decertify any approved in5 stitution or exchange visitor program sponsor if such 

6 institution or exchange visitor program sponsor is en7 gaged in egregious criminal activities or is a threat 

8 to national security.’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(d) DEFINITIONS.—For purposes of this section: 

12 ‘‘(1) The term ‘covered student’ means a student 

13 who is a nonimmigrant pursuant to subparagraph 

14 (F), (J), or (M) of section 101(a)(15) of the Immigra15 tion and Nationality Act (8 U.S.C. 1101(a)(15)). 

16 ‘‘(2) The term ‘observed’ means positively identi17 fied by physical or electronic means. 

18 ‘‘(3) The term ‘authorized user’ means an indi19 vidual nominated by an institution participating in 

20 the Student and Exchange Visitor Program and con21 firmed by the Secretary as not appearing on any ter22 rorist watch list.’’. 

23 (c) COMPTROLLER GENERAL REVIEW.—The Comp24 troller General shall conduct a review of the fees for the Stu25 dent and Exchange Visitor Program of the Department of 


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1 Homeland Security. The Comptroller General shall include 

2 in such review data from fiscal years 2007 through 2011 

3 and shall consider fees collected by the Department and all 

4 expenses associated with the review, issuance, maintenance, 

5 data collection, and enforcement functions of the Student 

6 and Exchange Visitor Program. 

7 SEC. 612. ASIA-PACIFIC ECONOMIC COOPERATION BUSI8 NESS TRAVEL CARDS. 

9 (a) IN GENERAL.—The Secretary of Homeland Secu10 rity, in coordination with the Secretary of State, may issue 

11 Asia-Pacific Economic Cooperation Business Travel Cards 

12 (in this section referred to as ‘‘ABT Cards’’) to any eligible 

13 person, including— 

14 (1) business leaders; and 

15 (2) United States Government officials engaged 

16 in Asia-Pacific Economic Cooperation (APEC) busi17 ness. 

18 (b) ELIGIBILITY.—To be eligible for an ABT Card 

19 under this section, an individual must be approved and in 

20 good standing in an international trusted traveler program 

21 of the Department of Homeland Security, including 

22 NEXUS, SENTRI, and Global Entry. 

23 (c) INTEGRATION WITH EXISTING TRAVEL PRO24 GRAMS.—The Secretary shall, to the extent practicable, in25 tegrate application procedures for, and issuance, suspenVerDate Mar 15 2010 23:50 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6203 E:\BILLS\H3116.RH H3116

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1 sion, and revocation of, ABT Cards with other appropriate 

2 international trusted traveler programs conducted by the 

3 Department, including NEXUS, SENTRI, and Global 

4 Entry. 

5 (d) COOPERATION WITH PRIVATE ENTITIES.—In car6 rying out this section, the Secretary may consult with ap7 propriate private sector entities. 

8 (e) REGULATIONS.—The Secretary may prescribe such 

9 regulations as may be necessary to implement this section. 

10 (f) FEES.— 

11 (1) IN GENERAL.—The Secretary may charge a 

12 fee for the issuance of ABT Cards and any associated 

13 costs which shall be set at a level that will ensure re14 covery of the full costs of providing and administering 

15 the ABT Cards. 

16 (2) ACCOUNT FOR COLLECTIONS.—The Secretary 

17 may establish a fund for the collection of fees under 

18 paragraph (1), which shall be made available to pay 

19 the costs incurred to administer. 

20 (3) LIMITATION.—The Secretary shall ensure 

21 that the total amount of any fee available to be used 

22 under paragraph (4) in any fiscal year does not ex23 ceed the costs associated with carrying out this section 

24 in such fiscal year. 


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1 (g) TERMINATION OF PROGRAM.—The Secretary, in 

2 consultation with the Secretary of State, may terminate ac3 tivities under this section if the Secretary deems it in the 

4 interest of the United States to do so. 

5 SEC. 613. BORDER CROSSING DOCUMENTATION. 

6 The Commissioner of U.S. Customs and Border Protec7 tion shall carry out the NEXUS, SENTRI, Global Entry, 

8 and ABT Card (as described in section 612) programs of 

9 U.S. Customs and Border Protection. 

10 SEC. 614. INTERNAL REVIEW OF ADEQUACY OF U.S. CUS11 TOMS AND BORDER PROTECTION IN BUSIEST 

12 INTERNATIONAL AIRPORTS. 

13 The Secretary, acting through U.S. Customs and Bor14 der Protection, shall within 180 days after the date of enact15 ment of this Act conduct an internal review to ensure that 

16 there enough U.S. Customs and Border Protection agents 

17 in each of the 10 international airports in the United States 

18 with the largest volume of international travelers. 

19 SEC. 615. PORT SECURITY GRANT PROGRAM. 

20 Section 70107(l) of title 46, United States Code, is 

21 amended by striking ‘‘2013’’ and inserting ‘‘2014’’. 

22 SEC. 616. PORT SECURITY GRANT FUNDING FOR MANDATED 

23 SECURITY PERSONNEL. 

24 Section 70107(b)(1) of title 46, United States Code, is 

25 amended by striking the period and inserting the following: 


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1 ‘‘, including overtime and backfill costs incurred in support 

2 of other expenditures authorized under this subsection, ex3 cept that not more than 50 percent of amounts received by 

4 a grantee under this section for a fiscal year may be used 

5 under this paragraph.’’. 

6 SEC. 617. SECURING THE TWIC AGAINST USE BY UNAU7 THORIZED ALIENS. 

8 (a) PROCESS.— 

9 (1) IN GENERAL.—Not later than 180 days after 

10 the date of enactment of this Act, the Secretary shall 

11 establish a process to ensure, to the maximum extent 

12 practicable, that aliens unlawfully present in the 

13 United States are unable to obtain or use a Transpor14 tation Worker Identification Credential (in this sec15 tion referred to as ‘‘TWIC’’). 

16 (2) COMPONENTS.—Under the process, the Sec17 retary shall— 

18 (A) publish a list of documents that will 

19 identify TWIC applicants and verify their im20 migration statuses by requiring each applicant 

21 to produce a document or documents that dem22 onstrate— 

23 (i) identity; and 


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1 (ii) proof of United States citizenship 

2 or authorization to work in the United 

3 States; and 

4 (B) establish training requirements to en5 sure that trusted agents at TWIC enrollment cen6 ters receive training to identify fraudulent docu7 ments. 

8 (b) EXPIRATION OF TWICS.—A TWIC expires 5 years 

9 after the date it is issued, except that if an individual is 

10 in a lawful nonimmigrant status category— 

11 (1) the term of any TWIC issued to the appli12 cant shall not to exceed the expiration of the visa held 

13 by the applicant; and 

14 (2) a TWIC issued to the individual expires on 

15 the date of the expiration of such status, notwith16 standing the expiration date on the face of the TWIC. 

17 SEC. 618. SMALL VESSEL THREAT ANALYSIS. 

18 Not later than 1 year after the date of enactment of 

19 this Act, the Secretary shall submit to the appropriate con20 gressional committees a report analyzing the threat of, vul21 nerability to, and consequence of an act of terrorism using 

22 a small vessel to attack United States vessels, ports, or mar23 itime interests. 


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1 SEC. 619. CUSTOMS AND BORDER PROTECTION PROFES2 SIONALISM AND TRANSPARENCY. 

3 To increase professionalism and transparency U.S. 

4 Customs and Border Protection shall— 

5 (1) publish live wait times at all United States 

6 air ports of entry, as determined by calculating the 

7 time elapsed between an individual’s entry into the 

8 U.S. Customs and Border Protection inspection area 

9 and the individual’s clearance by a U.S. Customs and 

10 Border Protection officer; 

11 (2) make information about such wait times 

12 available to the public in real time through the U.S. 

13 Customs and Border Protection Web site; 

14 (3) submit monthly reports to Congress that in15 clude compilations of all such wait times and that 

16 ranking all United States international airports by 

17 wait times; and 

18 (4) increase staffing at the U.S. Customs and 

19 Border Protection INFO center to reduce wait times 

20 to under ten minutes for travelers attempting to sub21 mit comments or speak with a representative about 

22 their entry experience. 

23 SEC. 620. SENSE OF CONGRESS REGARDING DEPLOYMENT 

24 OF ADDITIONAL UAV. 

25 It is the sense of Congress that, due to frequently 

26 changing weather conditions and strict air regulations, the 


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1 Secretary should deploy an additional unmanned aerial ve2 hicle (UAV) over the number of such UAVs that are so de3 ployed as of the date of the enactment of this Act, at a south4 west border airfield between Department operations located 

5 at Fort Huachuca in Sierra Vista, Arizona, and the Naval 

6 Air Station (NAS) in Corpus Christi, Texas, in order to 

7 reduce the frequent weather-related lapses in constant sur8 veillance that weaken security along the international bor9 ders of the United States and to allow U.S. Customs and 

10 Border Protection to work with other Federal departments 

11 and agencies, such as the Air National Guard, to operate 

12 such missions. 

13 SEC. 621. REPORT ON STATUS OF UNOBLIGATED BALANCES 

14 IN U.S. CUSTOMS AND BORDER PROTECTION 

15 CUSTOMS USER FEE ACCOUNT. 

16 Not later than 90 days after the date of the enactment 

17 of this Act, the Secretary shall submit to the appropriate 

18 congressional committees a report regarding the status of 

19 $640,000,000 in unobligated balances in the Customs User 

20 Fee Account, as reported by the Government Accountability 

21 Office in report GAO–11–318SP. The report required under 

22 this section shall include a final determination on the total 

23 amount of unobligated balances available. 


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1 SEC. 622. OUTBOUND INSPECTIONS. 

2 (a) IN GENERAL.—Not later than two years after the 

3 date of the enactment of this Act, the Secretary shall ensure 

4 that U.S. Customs and Border Protection has instituted an 

5 outbound inspections program at land ports of entry. 

6 (b) PROGRAM COMPONENTS.—In executing the out7 bound inspections program under this section, the Secretary 

8 shall leverage existing resources and capabilities within the 

9 Department to— 

10 (1) ensure that risk-based outbound inspections 

11 are routinely conducted; 

12 (2) provide for such inspections to be conducted 

13 in a safe and efficient manner; 

14 (3) direct appropriate resources to areas that 

15 demonstrate a higher risk of outbound violations; 

16 (4) include a strategy for mitigating efforts by 

17 smuggling organizations to circumvent such inspec18 tions; and 

19 (5) collect information concerning aliens exiting 

20 the United States, pursuant to section 110 of the Ille21 gal Immigration Reform and Immigrant Responsi22 bility Act of 1996 (8 U.S.C. 1365a). 

23 (c) WAIT TIMES.—The Secretary shall ensure that out24 bound inspections carried out under this section do not add 

25 significantly to wait times for crossing the border. 


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1 SEC. 623. DEPORTING CRIMINAL ALIENS. 

2 There is authorized to be appropriated to U.S. Cus3 toms and Immigration Enforcement $1,600,000,000 for 

4 each of fiscal years 2012 and 2013 to— 

5 (1) identify aliens who— 

6 (A) have been convicted of a crime; or 

7 (B) may pose a serious risk to public safety 

8 or national security; and 

9 (2) remove from the United States any aliens 

10 identified under paragraph (1) who may be deport11 able. 

12 SEC. 624. ESTABLISHMENT OF IMMIGRATION AND CUSTOMS 

13 ENFORCEMENT. 

14 (a) IN GENERAL.—Section 442 of the Homeland Secu15 rity Act of 2002 (6 U.S.C. 252), as amended by section 

16 611(b), is further amended to read as follows: 

17 ‘‘SEC. 442. ESTABLISHMENT OF IMMIGRATION AND CUS18 TOMS ENFORCEMENT. 

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

20 the Department an agency to be known as Immigration and 

21 Customs Enforcement. 

22 ‘‘(b) FUNCTIONS.—The primary functions of the agen23 cy are the following: 

24 ‘‘(1) To conduct criminal investigations relating 

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1 lating to border security, customs, immigration, natu2 ralization, trade, travel, and transportation security. 

3 ‘‘(2) To enforce Federal immigration and natu4 ralization laws, particularly those laws relating to 

5 arrest, detention, removal, employment verification, 

6 and fraud. 

7 ‘‘(c) DIRECTOR.— 

8 ‘‘(1) IN GENERAL.—The head of Immigration 

9 and Customs Enforcement shall be the Director of Im10 migration and Customs Enforcement. The Director 

11 shall— 

12 ‘‘(A) be appointed by the President, by and 

13 with the advice and consent of the Senate; 

14 ‘‘(B) exercise the duties and powers de15 scribed in this section, prescribed by other law, 

16 or delegated by the Secretary; and 

17 ‘‘(C) report directly to the Secretary. 

18 ‘‘(2) COMPENSATION.—The Director shall be 

19 compensated at the rate of pay for level III of the Ex20 ecutive Schedule as provided in section 5314 of title 

21 5, United States Code. 

22 ‘‘(d) DUTIES AND POWERS OF THE DIRECTOR.—Sub23 ject to the supervision of the Secretary, the Director shall 

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1 tration of the Immigration and Customs Enforcement, its 

2 employees, and its programs. 

3 ‘‘(1) CRIMINAL INVESTIGATION.—The Director 

4 shall have the power to investigate and, where appro5 priate, refer for prosecution, any criminal violation of 

6 Federal law relating to or involving— 

7 ‘‘(A) border control and security (including 

8 ports of entry), including the prevention of the 

9 entry or residence of terrorists, criminals, and 

10 human rights violators; 

11 ‘‘(B) customs, trade, import, or export con12 trol, including the illicit possession, movement 

13 of, or trade in goods, services, property, contra14 band, arms, items controlled or prohibited from 

15 export, pornography, intellectual property, or 

16 monetary instruments; 

17 ‘‘(C) transnational money laundering or 

18 bulk cash smuggling; 

19 ‘‘(D) immigration or naturalization; 

20 ‘‘(E) alien gangs or criminal syndicates; 

21 ‘‘(F) possession of a firearm or explosive by 

22 an alien; 

23 ‘‘(G) the employment or abuse of an alien, 

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1 tions, sexual exploitation, pornography, prostitu2 tion, and sex tourism; 

3 ‘‘(H) identification, travel, or employment 

4 documents; 

5 ‘‘(I) identity theft or misuse of social secu6 rity account numbers or information when such 

7 theft relates to or affects border security, customs, 

8 immigration, naturalization, trade, travel, and 

9 transportation security; 

10 ‘‘(J) travel and transportation security; 

11 ‘‘(K) any other authorities previously held 

12 by the Commissioner of Customs, the Commis13 sioner of the Immigration and Naturalization 

14 Service, and the Under Secretary for Border and 

15 Transportation Security; and 

16 ‘‘(L) such other authorities of the Depart17 ment as the Secretary may prescribe. 

18 ‘‘(2) CIVIL IMMIGRATION AND NATURALIZATION

19 ENFORCEMENT.—The Director shall have the power to 

20 enforce the civil immigration and naturalization laws 

21 of the United States, including the civil and adminis22 trative power to— 

23 ‘‘(A) investigate, locate, and arrest any 

24 alien subject to exclusion, deportation, or re25 moval from the United States; 


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1 ‘‘(B) remove any alien subject to exclusion, 

2 deportation, or removal from the United States 

3 through appropriate administrative removal pro4 ceedings; 

5 ‘‘(C) detain an alien for purposes of exclu6 sion, deportation, or removal, or as otherwise 

7 provided by law; 

8 ‘‘(D) enforce Federal law relating to the un9 lawful employment of aliens and to immigration 

10 document fraud; and 

11 ‘‘(E) exercise such other authorities relating 

12 to the enforcement of the immigration and natu13 ralization laws that the Secretary may prescribe. 

14 ‘‘(3) ENFORCEMENT POLICY.—The Director 

15 shall— 

16 ‘‘(A) establish and direct the policies of the 

17 Immigration and Customs Enforcement; 

18 ‘‘(B) advise the Secretary and other senior 

19 officers of the Department on policy matters re20 lating to Immigration and Customs Enforcement 

21 and its duties; 

22 ‘‘(C) coordinate, on behalf of the Depart23 ment, with Federal, State, tribal, and foreign 

24 agencies to promote the efficient— 


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1 ‘‘(i) investigation of criminal viola2 tions of the border security, customs, immi3 gration, naturalization, trade, travel, and 

4 transportation laws of the United States; 

5 and 

6 ‘‘(ii) civil enforcement of the immigra7 tion and naturalization laws of the United 

8 States. 

9 ‘‘(4) GENERAL ENFORCEMENT POWERS.—The 

10 Director may authorize agents and officers of Immi11 gration and Customs Enforcement to— 

12 ‘‘(A) execute warrants issued under the laws 

13 of the United States; 

14 ‘‘(B) carry firearms; 

15 ‘‘(C) make arrests without warrant for any 

16 offense against the United States committed in 

17 their presence, or for any felony cognizable under 

18 the laws of the United States if they have reason19 able grounds to believe that the person to be ar20 rested has committed or is committing such fel21 ony; 

22 ‘‘(D) offer and pay rewards for services and 

23 information leading to the apprehension of per24 sons involved in the violation or potential viola25 tion of those provisions of law which ImmigraVerDate Mar 15 2010 23:50 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6203 E:\BILLS\H3116.RH H3116

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1 tion and Customs Enforcement is authorized to 

2 enforce; and 

3 ‘‘(E) issue civil detainers for purposes of 

4 immigration enforcement. 

5 ‘‘(5) ADDITIONAL DUTIES AND POWERS.— 

6 ‘‘(A) IN GENERAL.—The Director shall exer7 cise any other powers prescribed by law and such 

8 ancillary powers as are necessary to carry out 

9 the duties and powers described in this section, 

10 including the relevant powers previously held by 

11 the Commissioner of Customs, the Commissioner 

12 of the Immigration and Naturalization Service, 

13 and the Under Secretary for Border and Trans14 portation Security. 

15 ‘‘(B) INSPECTION, SEIZURE, AND

16 SEARCH.—In carrying out the duties prescribed 

17 in this section, the Director may exercise the in18 spection, seizure, and search authorities pre19 viously held by the Commissioner of Customs, the 

20 Commissioner of the Immigration and Natu21 ralization Service, and the Under Secretary for 

22 Border and Transportation Security. 

23 ‘‘(C) IMMIGRATION ENFORCEMENT.—In car24 rying out the immigration enforcement duties of 

25 this section, the Director shall have the authority 


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1 to identify aliens in the criminal justice system 

2 who have been charged with or convicted of 

3 criminal offenses and are subject to removal. 

4 ‘‘(D) INTELLECTUAL PROPERTY PROTEC5 TION.—The Director shall establish and admin6 ister a National Intellectual Property Rights Co7 ordination Center to promote Federal and inter8 national investigation of intellectual property of9 fenses. 

10 ‘‘(E) LIMITATION.—Notwithstanding the 

11 authority in paragraph (1)(A) relating to terror12 ists, primary responsibility for investigating acts 

13 of terrorism shall rest with the Federal, State, 

14 and local law enforcement agencies with jurisdic15 tion over the acts in question. 

16 ‘‘(F) VESTING.—All functions of all officers, 

17 employees, and organizational units of Immigra18 tion and Customs Enforcement are vested in the 

19 Director. 

20 ‘‘(G) DELEGATION.—Except as otherwise 

21 prohibited by law, the Director may delegate any 

22 of the Director’s duties and powers to any em23 ployee or organizational unit of Immigration 

24 and Customs Enforcement. 


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1 ‘‘(6) OVERSEAS OFFICES.—In coordination with 

2 the Department of State, the Director shall establish 

3 and staff liaison offices in appropriate foreign coun4 tries to support the international activities and rela5 tionships of Immigration and Customs Enforcement. 

6 ‘‘(e) ADDITIONAL AGENCY OFFICERS.—In addition to 

7 such officers as the Secretary or Director may provide, Im8 migration and Customs Enforcement shall have the fol9 lowing officers to assist the Director in the performance of 

10 the Director’s duties: 

11 ‘‘(1) A Deputy Director, who shall assist the Di12 rector in the management of Immigration and Cus13 toms Enforcement and who shall act for the Director 

14 in the Director’s absence or disability. 

15 ‘‘(2) A Chief Counsel, who shall provide the Di16 rector specialized legal advice and represent the Di17 rector in all administrative proceedings before the Ex18 ecutive Office for Immigration Review. 

19 ‘‘(f) OTHER LAW ENFORCEMENT AGENCIES.—Nothing 

20 in this section shall be construed to limit the existing au21 thority of any other Federal law enforcement agency.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents in 

23 section 1(b) of such Act is amended by striking the item 

24 relating to section 442 and inserting the following: 

‘‘Sec. 442. Establishment of Immigration and Customs Enforcement.’’. 


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1 (c) CONFORMING AMENDMENT.—Section 5314 of title 

2 5, United States Code, is amended by inserting ‘‘Director 

3 of Immigration and Customs Enforcement.’’ as a new item 

4 after ‘‘Director of the Bureau of Citizenship and Immigra5 tion Services.’’. 

6 (d) TRANSPORTATION.—Section 1344(b)(6) of title 31, 

7 United States Code, is amended by striking ‘‘the Adminis8 trator of the Drug Enforcement Administration,’’ and in9 serting ‘‘, the Administrator of the Drug Enforcement Ad10 ministration, the Director of Immigration and Customs 

11 Enforcement, and the Commissioner of Customs and Border 

12 Protection,’’. 

13 (e) CONTINUATION IN OFFICE.—The individual serv14 ing as Assistant Secretary for Immigration and Customs 

15 Enforcement in the Department of Homeland Security on 

16 the day before the date of the enactment of this Act may 

17 continue to serve as the Director of Immigration and Cus18 toms Enforcement in the Department of Homeland Security 

19 in accordance with section 442 of the Homeland Security 

20 Act of 2002 (as amended by subsection (a) of this section) 

21 until the earlier of— 

22 (1) the date on which such individual is no 

23 longer eligible to serve as Director; or 


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1 (2) the date on which a person nominated by the 

2 President to be the Director is confirmed by the Sen3 ate in accordance with such section 442. 

4 SEC. 625. REPORT ON DRUG CARTELS. 

5 (a) IN GENERAL.—The Secretary shall submit to the 

6 appropriate congressional committees a report on the ac7 tivities of the entities identified in subsection (b) that are— 

8 (1) designated as foreign terrorist organizations 

9 under section 219 of the Immigration and Nation10 ality Act (8 U.S.C. 1189); or 

11 (2) involved in international terrorism (as such 

12 term is defined in section 2331 of title 18, United 

13 States Code). 

14 (b) IDENTIFICATION.—The entities referred to in sub15 section (a) are the following: 

16 (1) The Arellano Feliz Organization. 

17 (2) The Los Zetas Cartel. 

18 (3) The Beltran Leyva Organization 

19 (4) La Familia Michoacana. 

20 (5) The Sinaloa Cartel. 

21 (6) The Gulf Cartel/New Federation. 

22 (7) The Juarez Cartel. 

23 SEC. 626. INCREASE IN UNMANNED AERIAL VEHICLES. 

24 (a) IN GENERAL.—The Secretary shall increase by at 

25 least two the number of unmanned aerial vehicles for use 


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1 along the southwest border over the number of such vehicles 

2 in existence as of the date of the enactment of this Act. 

3 (b) FUNDING.—To carry out this section, the Secretary 

4 shall use amounts appropriated or otherwise made available 

5 to U.S. Customs and Border Protection. 

6 SEC. 627. BORDER AREA SECURITY INITIATIVE. 

7 (a) REDESIGNATION.—Operation Stonegarden of the 

8 Department is hereby redesignated as the Border Area Se9 curity Initiative. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to the Secretary to carry out 

12 the Border Area Security Initiative $54,890,000 for fiscal 

13 year 2012. 

14 (c) ALLOCATION.—The Secretary shall ensure that 80.7 

15 percent of the amounts authorized to be appropriated pur16 suant to subsection (b) are allocated for activities along the 

17 southern border. 

18 SEC. 628. FOREIGN TERRORIST ORGANIZATIONS. 

19 Not later than 120 days after the date of the enactment 

20 of this Act, the Secretary, in consultation with appropriate 

21 members of the intelligence community, shall submit to the 

22 appropriate congressional committees a report, including 

23 classified and unclassified sections, assessing the presence, 

24 activity, capability, and information-sharing between 

25 Hezbollah, other Department of State-designated foreign 


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1 terrorist organizations, and Mexican drug traffic organiza2 tions along the southern border of the United States. 

3 SEC. 629. BORDER CONDITION INDEX. 

4 In developing the Border Condition Index, the Sec5 retary shall take into consideration the following: 

6 (1) Flow estimates by Border Patrol sector of 

7 aliens who are unlawfully present in the United 

8 States. 

9 (2) Interdiction efficiency measuring, with re10 spect to aliens who are unlawfully present in the 

11 United States, the difference between apprehensions 

12 and known estimates of nonapprehensions. 

13 (3) Recidivism data relating to repeat apprehen14 sions of aliens who are unlawfully present in the 

15 United States. 

16 SEC. 630. SENSE OF CONGRESS. 

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

18 (1) The Secure Fence Act of 2006 defined oper19 ational control as the ‘‘prevention of all unlawful en20 tries into the United States’’ and required the Sec21 retary of Homeland Security to ‘‘construct reinforced 

22 fencing along not less than 700 miles of the southwest 

23 border where fencing would be most practical and ef24 fective’’. 


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1 (2) A recent GAO report found that in fiscal 

2 year 2011, U.S. Customs and Border Protection had 

3 61,000 personnel, a budget authority of $11.3 billion, 

4 and had constructed more than 600 miles of fencing. 

5 (3) A May 2011 poll conducted by Rasmussen 

6 Reports found that just 30 percent of likely United 

7 States voters believe that the United States border 

8 with Mexico is even somewhat secure while 64 percent 

9 believe that the border is not secure. 

10 (b) SENSE OF CONGRESS.—It is the sense of Congress 

11 that the Secretary should complete at least 700 miles of re12 inforced fencing along the southwest border where it is geo13 graphically feasible to construct the fence. 

14 SEC. 631. ISSUANCE OF VISAS AT DESIGNATED DIPLOMATIC 

15 AND CONSULAR POSTS. 

16 (a) IN GENERAL.—Subsection (i) of section 428 of the 

17 Homeland Security Act of 2002 (6 U.S.C. 236) is amended 

18 to read as follows: 

19 ‘‘(i) VISA ISSUANCE AT DESIGNATED CONSULAR

20 POSTS AND EMBASSIES.—Notwithstanding any other pro21 vision of law, the Secretary— 

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

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1 matic and consular posts, as determined by the Sec2 retary; and 

3 ‘‘(2) is authorized to assign employees of the De4 partment to each diplomatic and consular post at 

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

6 and unreviewable discretion, the Secretary determines 

7 that such an assignment at a particular post would 

8 not promote national or homeland security.’’. 

9 (b) EXPEDITED CLEARANCE AND PLACEMENT OF DE10 PARTMENT OF HOMELAND SECURITY PERSONNEL AT DIP11 LOMATIC AND CONSULAR POSTS.—The Secretary of State 

12 shall accommodate and ensure that— 

13 (1) not later than one year after the date of the 

14 enactment of this Act, Department personnel assigned 

15 by the Secretary under section 428(i)(1) of the Home16 land Security Act (as amended by subsection (a) of 

17 this section) have been stationed at a diplomatic or 

18 consular post such that the post is fully operational; 

19 and 

20 (2) not later than one year after the date on 

21 which the Secretary designates an additional diplo22 matic or consular post for personnel under section 

23 428(i)(2) of the Homeland Security Act (as amended 

24 by subsection (a) of this section), Department per25 sonnel assigned to such diplomatic or consular post 


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1 have been stationed at such post such that such post 

2 is fully operational. 

3 SEC. 632. PRIVATE-PUBLIC PARTNERSHIP FOR LAND PORT 

4 OF ENTRY PROJECT. 

5 (a) IN GENERAL.—Subject to subsection (b), the Sec6 retary may enter into a private-public partnership to ac7 cept funding or a donation of real or personal property or 

8 services from any private sector entity or any State, county, 

9 or other municipal entity for the purpose of the construction 

10 of a designated project at a designated land border port of 

11 entry, to be approved by the Secretary, designed to reduce 

12 wait times at such port of entry. 

13 (b) CONSULTATION.—To enter into a partnership de14 scribed in subsection (a), the Secretary shall consult with 

15 the private sector entity or State, county, or other munic16 ipal entity referred to in such subsection that is providing 

17 the funding or donation at issue and provide such entity 

18 with a description of the designated project to be under19 taken. 

20 (c) NONTRANSFERRABLE.—Any funding or donation 

21 received by the Secretary pursuant to subsection (a) may 

22 be used only for the designated project that was subject of 

23 the consultation carried out in accordance with subsection 

24 (b), unless the private sector entity or State, county, or 


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1 other municipal entity at issue consents to an alternate use 

2 of such funding or donation. 

3 (d) RETURN OF FUNDING.—If the Secretary of Home4 land Security does not undertake the designated project de5 scribed in subsection (a) and the private sector entity or 

6 State, county, or other municipal entity that provided the 

7 funding or donation for such project does not consent to 

8 an alternate use for such funding or donation, the Secretary 

9 shall return to such entity such funding or donation. 

10 (e) RULE OF CONSTRUCTION.—Nothing in this section 

11 may be construed as modifying the authorities of the De12 partment of Homeland Security. 

13 (f) AUTHORITY TO AGREE TO AMENDMENTS TO THE

14 BORDER ENVIRONMENT COOPERATION AGREEMENT.—Sec15 tion 545 of the North American Free Trade Agreement Im16 plementation Act (22 U.S.C. 290m–4) is amended— 

17 (1) in paragraph (1), by striking ‘‘and’’ at the 

18 end; 

19 (2) in paragraph (2), by striking the period at 

20 the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following new para22 graph: 

23 ‘‘(3) change the purposes and functions of the 

24 Bank, including changes that would allow the Bank 

25 to finance infrastructure projects in the border region 


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1 that promote growth in trade and commerce between 

2 the United States and Mexico, support sustainable 

3 economic development, reduce poverty, foster job cre4 ation, and promote social development in the re5 gion.’’. 

6 SEC. 633. REPORT TO CONGRESS ON IMMIGRATION ADVI7 SORY PROGRAM. 

8 Not later than 90 days after the date of the enactment 

9 of this Act, the Secretary shall submit to the appropriate 

10 congressional committees a report regarding— 

11 (1) the top 20 highest-risk foreign airports that 

12 are last points of departure to the United States; 

13 (2) the current status of U.S. Customs and Bor14 der Protection’s Immigration Advisory Program at 

15 such airports; and 

16 (3) the number of Immigration Advisory Pro17 gram personnel required to carry out operations in 

18 any location where such personnel are not currently 

19 present. 

20 SEC. 634. COAST GUARD DEPLOYABLE SPECIAL FORCES AS21 SETS. 

22 In order to assure readiness and meet training needs 

23 for the Coast Guard’s enhanced deployable specialized 

24 forces, the Secretary shall establish and maintain at each 

25 Maritime Security Response Team location a minimum of 


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1 one dedicated medium range air responder that is capable 

2 of offshore operations and can provide shore-based aviation 

3 surveillance capability and transport. 

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

5 Not later than 180 days after the date of the enactment 

6 of this Act, the Secretary shall submit to the appropriate 

7 congressional committees a plan to implement, not later 

8 than two years after such date of enactment, a biometric 

9 exit capability at airports under the US-VISIT program, 

10 in accordance with the Enhanced Security and Visa Entry 

11 Reform Act of 2002 (Public Law 107–73). If the Secretary 

12 determines that development of such a system is not feasible, 

13 the Secretary shall, not later than 180 days after the date 

14 of the enactment of this Act, submit to the appropriate con15 gressional committees a plan for implementing, not later 

16 than two years after such date of enactment, an alternative 

17 program to provide the same level of security. 

18 SEC. 636. COORDINATION WITH THE TRANSPORTATION SE19 CURITY ADMINISTRATION ON RISK-BASED 

20 SCREENING OF AVIATION PASSENGERS. 

21 (a) IN GENERAL.—The Commissioner of U.S. Customs 

22 and Border Protection shall work with the Assistant Sec23 retary of Homeland Security (Transportation Security Ad24 ministration) to designate persons enrolled in trusted pas25 sengers programs operated by U.S. Customs and Border 


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1 Protection as trusted passengers in programs established 

2 pursuant to section 109(a)(3) of the Aviation Transpor3 tation Security Act (Public Law 107–71; 115 Stat. 613; 

4 49 U.S.C. 114 note), as long as such passengers meet the 

5 standards and requirements set by the Assistant Secretary. 

6 (b) REPORT TO CONGRESS.—Not later than 180 days 

7 after the date of the enactment of this Act, the Commissioner 

8 shall submit to the Committee on Homeland Security of the 

9 House of Representatives, the Committee on Homeland Se10 curity and Government Affairs of the Senate, and the Com11 mittee on Commerce, Science, and Transportation of the 

12 Senate, a report on progress in implementing subsection 

13 (a), including— 

14 (1) any obstacles to cross-enrolling U.S. Customs 

15 and Border Protection trusted passengers in trusted 

16 passenger programs established by the Transportation 

17 Security Administration; and 

18 (2) the rate of enrollment of persons enrolled in 

19 trusted passengers programs operated by U.S. Cus20 toms and Border Protection as trusted passengers in 

21 programs operated by the Transportation Security 

22 Administration. 


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1 SEC. 637. ENHANCED CUSTOMER SERVICE STANDARDS AND 

2 PROFESSIONALISM TRAINING. 

3 (a) PLANS REQUIRED.—The Secretary shall ensure 

4 that a comprehensive plan for each of the U.S. Customs and 

5 Border Protection, the Transportation Security Adminis6 tration, and U.S. Immigration and Customs Enforcement 

7 is developed and implemented to improve, based on publicly 

8 communicated metrics, professionalism, and customer serv9 ice. 

10 (b) PLAN COMPONENT.—The plan for each agency 

11 shall include each of the following: 

12 (1) An initial report on the metrics the agency 

13 proposes to use to measure customer service. 

14 (2) An initial report on the metrics the agency 

15 will use to measure professionalism. 

16 (3) The implementation of a system to improve 

17 customer service by soliciting customer comments 

18 combining in person, phone, and online solutions. 

19 (4) A requirement that the agency submit to 

20 Congress quarterly reports on the agency’s perform21 ance against the customer service metrics referred to 

22 in paragraph (1). 

23 (5) The establishment of customer service best 

24 practices based on such metrics. 


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1 (6) The establishment of professionalism best 

2 practices based on the metrics referred to in para3 graph (2). 

4 (c) ANNUAL REPORTS TO CONGRESS.—At least once 

5 each year, the Secretary shall submit to Congress a report 

6 on each agency for which a plan is required under this sec7 tion. Each such report shall include— 

8 (1) an assessment of the agency’s customer serv9 ice performance based on the metrics referred to in 

10 subsection (b)(1); 

11 (2) detailed description of customer service im12 provements demanded by customers; 

13 (3) customer service improvements demanded by 

14 Department metrics, the costs associated with those 

15 improvements; 

16 (4) the security and efficiency benefits derived 

17 from such improvements; 

18 (5) an assessment of the agency’s professionalism 

19 performance based on the metrics referred to in sub20 section (b)(1); 

21 (6) a description of any improvements in the 

22 agency’s professionalism; 

23 (7) the costs associated with such improvements; 

24 and 


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1 (8) the security and efficiency benefits derived 

2 from such improvements. 

3 (d) OVERSIGHT.—The Department’s Office of Civil 

4 Rights and Civil Liberties shall have oversight of— 

5 (1) the customer service and professionalism ef6 forts at each agency for which a plan is required 

7 under this section to ensure that comments are col8 lected, analyzed, and responded to in a timely man9 ner; and 

10 (2) the development of monthly reports detailing 

11 the number and types of comments submitted by the 

12 public, which shall be made available to the public 

13 through the Department’s Web site. 

14 TITLE VII—SCIENCE AND 

15 TECHNOLOGY 

16 Subtitle A—Directorate of Science 

17 and Technology 

18 SEC. 701. DIRECTORATE OF SCIENCE AND TECHNOLOGY 

19 STRATEGIC PLAN. 

20 (a) IN GENERAL.—Title III of the Homeland Security 

21 Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding 

22 at the end the following new section: 

23 ‘‘SEC. 318. STRATEGIC PLAN. 

24 ‘‘(a) REQUIREMENT FOR STRATEGY.—The Under Sec25 retary for Science and Technology shall develop, and update 


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1 as necessary, a strategy to guide the activities of the Direc2 torate of Science and Technology. The strategy shall be risk3 based and aligned with other strategic guidance provided 

4 by— 

5 ‘‘(1) the National Strategy for Homeland Secu6 rity; 

7 ‘‘(2) the Quadrennial Homeland Security Re8 view; 

9 ‘‘(3) the Capabilities and Requirements Council 

10 established under section 709; and 

11 ‘‘(4) other relevant strategic planning documents, 

12 as determined by the Under Secretary. 

13 ‘‘(b) CONTENTS.—The strategy required by subsection 

14 (a) shall be prepared in accordance with applicable Federal 

15 requirements and guidelines, and shall include the fol16 lowing: 

17 ‘‘(1) Long-term strategic goals, objectives, and 

18 metrics of the Directorate. 

19 ‘‘(2) Analysis of how the research programs of 

20 the Directorate support achievement of those strategic 

21 goals and objectives. 

22 ‘‘(3) A description of how the activities and pro23 grams of the Directorate meet the requirements or 

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1 tomers within and outside of the Department, includ2 ing the first responder community. 

3 ‘‘(4) The role of the Department’s risk analysis 

4 activities and programs of the Directorate. 

5 ‘‘(5) A technology transition strategy for the pro6 grams of the Directorate. 

7 ‘‘(6) A description of the policies of the Direc8 torate on the management, organization, and per9 sonnel of the Directorate. 

10 ‘‘(7) Short- and long-term strategic goals, and 

11 objectives for significantly increasing the number of 

12 designations and certificates issued under subtitle G 

13 of title VIII, as well as identification of the specific 

14 metrics to be used to determine whether a designation 

15 or a certificate will be awarded. 

16 ‘‘(c) SUBMISSION OF PLAN TO CONGRESS.—The Sec17 retary shall submit to the appropriate congressional com18 mittees the strategy developed under subsection (a) and any 

19 update to the strategy.’’. 

20 (b) DEADLINE.—The Under Secretary for Science and 

21 Technology shall develop and submit to the appropriate 

22 congressional committees the initial strategy required under 

23 the amendment made by subsection (a) by not later than 

24 1 year after the date of enactment of this Act. 


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1 (c) CLERICAL AMENDMENT.—The table of contents in 

2 section 1(b) is amended by adding at the end of the items 

3 relating to title III the following new item: 

‘‘Sec. 318. Strategic plan.’’. 

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

5 (a) IN GENERAL.—Title III of the Homeland Security 

6 Act of 2002 (6 U.S.C. 181 et seq.) is further amended by 

7 adding at the end the following new section: 

8 ‘‘SEC. 319. 5-YEAR RESEARCH AND DEVELOPMENT PLAN. 

9 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

10 and Technology shall develop, and revise at least every 5 

11 years, a 5-year research and development plan for the ac12 tivities of the Directorate of Science and Technology. 

13 ‘‘(b) CONTENTS.—The 5-year research and develop14 ment plan developed under subsection (a) shall— 

15 ‘‘(1) define the Directorate’s research, develop16 ment, testing, and evaluation activities, priorities, 

17 performance metrics, and key milestones and 

18 deliverables for the 5-fiscal-year period from 2013 

19 through 2017, and for each 5-fiscal-year period there20 after; 

21 ‘‘(2) link the activities identified in paragraph 

22 (1) to the goals and objectives described in the stra23 tegic plan developed under section 318, the research 

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1 bilities and Requirements Council established under 

2 section 709; 

3 ‘‘(3) describe, for each activity of the strategic 

4 plan, the planned annual funding levels for the period 

5 covered by the plan; and 

6 ‘‘(4) indicate joint investments with other Fed7 eral partners where applicable. 

8 ‘‘(c) SCOPE OF THE PLAN.—The Under Secretary shall 

9 ensure that each plan developed under subsection (a)— 

10 ‘‘(1) reflects input from a wide range of stake11 holders; and 

12 ‘‘(2) takes into account how research and devel13 opment by other Federal, State, private sector, and 

14 nonprofit institutions contributes to the achievement 

15 of the priorities identified in the plan, and avoids un16 necessary duplication with these efforts. 

17 ‘‘(d) REPORTS.—At the time the President submits 

18 each annual budget request, the Under Secretary shall pro19 vide a report to the appropriate congressional committees 

20 on the status and results to date of implementation of the 

21 current 5-year research and development plan, including— 

22 ‘‘(1) a summary of the research and development 

23 activities for the previous fiscal year in each topic 

24 area; 

25 ‘‘(2) the annual expenditures in each topic area; 


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1 ‘‘(3) an assessment of progress of the research 

2 and development activities based on the performance 

3 metrics and milestones set forth in the plan; and 

4 ‘‘(4) any changes to the plan.’’. 

5 (b) DEADLINE.—The Under Secretary for Science and 

6 Technology shall develop and submit to the appropriate 

7 congressional committees the first 5-year homeland security 

8 research and development plan required under subsection 

9 (a), for fiscal years 2013 through 2017, by not later than 

10 1 year after the date of enactment of this Act. 

11 (c) CLERICAL AMENDMENT.—The table of contents in 

12 section 1(b) is further amended by adding at the end of 

13 the items relating to title III the following new item: 

‘‘Sec. 319. 5-year research and development plan.’’. 

14 SEC. 703. IDENTIFICATION AND PRIORITIZATION OF RE15 SEARCH AND DEVELOPMENT REQUIRE16 MENTS. 

17 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) is 

18 further amended by adding at the end the following new 

19 section: 

20 ‘‘SEC. 320. IDENTIFICATION AND PRIORITIZATION OF RE21 SEARCH AND DEVELOPMENT REQUIRE22 MENTS. 

23 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

24 and Technology shall establish and implement a process to 

25 identify, prioritize, fund, and task the basic and applied 


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1 homeland security research and development activities of 

2 the Directorate of Science and Technology. 

3 ‘‘(b) PROCESS.—The process established under sub4 section (a) shall— 

5 ‘‘(1) account for Departmentwide priorities as 

6 defined by the Capabilities and Requirements Council 

7 established under section 709; 

8 ‘‘(2) be responsive to near-, mid-, and long-term 

9 needs, including unanticipated needs to address 

10 emerging threats; 

11 ‘‘(3) utilize gap analysis and risk assessment 

12 tools where available and applicable; 

13 ‘‘(4) include protocols to assess— 

14 ‘‘(A) off-the-shelf technology to determine if 

15 an identified homeland security capability gap 

16 can be addressed through the acquisition process 

17 instead of commencing research and development 

18 of technology to address that capability gap; and 

19 ‘‘(B) research and development activities 

20 pursued by other executive agencies, to determine 

21 if technology can be leveraged to address an 

22 identified homeland security capability gap; 

23 ‘‘(5) provide for documented and validated re24 search and development requirements; 


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1 ‘‘(6) establish roles and responsibilities for the 

2 Under Secretary for Science and Technology, the 

3 Under Secretary for Policy, the Under Secretary for 

4 Management, and the heads of operational compo5 nents of the Department; 

6 ‘‘(7) strengthen first responder participation in 

7 identifying and prioritizing homeland security tech8 nological gaps, including by— 

9 ‘‘(A) soliciting feedback from appropriate 

10 national associations and advisory groups rep11 resenting the first responder community and 

12 first responders within the components of the De13 partment; and 

14 ‘‘(B) establishing and promoting a publicly 

15 accessible portal to allow the first responder com16 munity to help the Directorate develop homeland 

17 security research and development goals; 

18 ‘‘(8) institute a mechanism to publicize the De19 partment’s funded and unfunded homeland security 

20 technology priorities for the purpose of informing the 

21 Federal, State, and local governments, first respond22 ers, and the private sector; 

23 ‘‘(9) establish considerations to be used by the 

24 Directorate in selecting appropriate research entities, 

25 including the national laboratories, federally funded 


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1 research and development centers, university-based 

2 centers, and the private sector, to carry out research 

3 and development requirements; and 

4 ‘‘(10) include any other criteria or measures the 

5 Secretary considers necessary for the identification 

6 and prioritization of research requirements.’’. 

7 (b) DEADLINE.—The Under Secretary for Science and 

8 Technology shall establish and begin implementing the 

9 process required by the amendment made by subsection (a) 

10 by not later than 180 days after the date of enactment of 

11 this Act. 

12 (c) CLERICAL AMENDMENT.—The table of contents in 

13 section 1(b) is further amended by adding at the end of 

14 the items relating to title III the following new item: 

‘‘Sec. 320. Identification and prioritization of research and development requirements.’’. 

15 SEC. 704. RESEARCH AND DEVELOPMENT PROGRESS. 

16 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) is 

17 further amended by adding at the end the following new 

18 section: 

19 ‘‘SEC. 321. MONITORING PROGRESS. 

20 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

21 and Technology shall monitor the progress of the research, 

22 development, testing, and evaluation activities undertaken 

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1 vide, at a minimum on a biannual basis, regular updates 

2 on that progress to relevant customers of those activities. 

3 ‘‘(b) REQUIREMENTS OF PROGRESS UPDATES.—In 

4 order to provide the progress updates required under sub5 section (a), the Under Secretary shall develop a system 

6 that— 

7 ‘‘(1) monitors progress toward project milestones 

8 identified by the Under Secretary; 

9 ‘‘(2) maps progress toward deliverables identified 

10 in the 5-year plan required under section 319; 

11 ‘‘(3) generates up-to-date reports to customers 

12 that transparently disclose the status and progress of 

13 research, development, testing, and evaluation efforts 

14 of the Directorate; 

15 ‘‘(4) evaluates the extent to which a technology or 

16 service produced as a result of the Directorate’s pro17 grams has addressed homeland security capability 

18 gaps and requirements as determined by the Capa19 bilities and Requirements Council established under 

20 section 709; and 

21 ‘‘(5) allows the Under Secretary to report the 

22 number of products and services developed by the Di23 rectorate that have been transitioned into acquisition 

24 programs and resulted in successfully fielded tech25 nologies. 


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1 ‘‘(c) EVALUATION METHODS.— 

2 ‘‘(1) EXTERNAL INPUT, CONSULTATION, AND RE3 VIEW.—The Under Secretary shall implement proce4 dures to engage outside experts in assisting in the 

5 evaluation of the progress of research and development 

6 programs or activities of the Directorate, including 

7 through— 

8 ‘‘(A) consultation with experts, including 

9 scientists and practitioners, to gather inde10 pendent expert peer opinion and advice on a 

11 project or on specific issues or analyses con12 ducted by the Directorate; and 

13 ‘‘(B) periodic, independent, external review 

14 to assess the quality and relevance of the Direc15 torate’s programs and projects. 

16 ‘‘(2) CUSTOMER FEEDBACK.—The Under Sec17 retary shall establish a formal process to collect feed18 back from customers of the Directorate on the per19 formance of the Directorate, that includes— 

20 ‘‘(A) appropriate methodologies through 

21 which customers can assess the quality and use22 fulness of technology and services delivered by the 

23 Directorate; 

24 ‘‘(B) development of metrics for measuring 

25 customer satisfaction and the usefulness of any 


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1 technology or service provided by the Directorate; 

2 and 

3 ‘‘(C) standards for high-quality customer 

4 service.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents in 

6 section 1(b) is further amended by adding at the end of 

7 the items relating to title III the following new item: 

‘‘Sec. 321. Monitoring progress.’’. 

8 SEC. 705. ACQUISITION AND OPERATIONS SUPPORT. 

9 (a) RESPONSIBILITIES AND AUTHORITIES OF THE

10 UNDER SECRETARY.—Section 302 (6 U.S.C. 183) is 

11 amended by striking ‘‘and’’ after the semicolon at the end 

12 of paragraph (13), by striking the period at the end of para13 graph (14) and inserting ‘‘; and’’, and by adding at the 

14 end the following new paragraph: 

15 ‘‘(15) providing science-based, analytic capa16 bility and capacity across the Department to— 

17 ‘‘(A) support technological assessments of 

18 major acquisition programs throughout the ac19 quisition lifecycle; 

20 ‘‘(B) help define appropriate technological 

21 requirements and perform feasibility analysis; 

22 ‘‘(C) assist in evaluating new and emerging 

23 technologies against capability gaps; 

24 ‘‘(D) support evaluation of alternatives; and 


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1 ‘‘(E) improve the use of technology Depart2 mentwide.’’. 

3 (b) TECHNOLOGY READINESS ASSESSMENT PROC4 ESS.—Section 308 (6 U.S.C. 188) is amended by adding 

5 at the end the following new subsection: 

6 ‘‘(d) TECHNOLOGY READINESS ASSESSMENT PROC7 ESS.— 

8 ‘‘(1) IN GENERAL.—The Under Secretary for 

9 Science and Technology shall establish a formal, sys10 tematic, metrics-based process to comprehensively 

11 evaluate technology maturity and reduce technical 

12 risks, that includes— 

13 ‘‘(A) an independent assessment of the per14 formance, maturity, suitability, and 

15 supportability of a technology and associated 

16 risks; 

17 ‘‘(B) technology readiness evaluations to es18 tablish technology readiness levels as a measure 

19 of the maturity of the technology; and 

20 ‘‘(C) provision of a report containing the 

21 findings and conclusions of each assessment con22 ducted under the process provided, to the appro23 priate customers and personnel of the Depart24 ment. 

25 ‘‘(2) APPLICATION.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the process shall be applied 

3 to— 

4 ‘‘(i) technology developed by the Direc5 torate; and 

6 ‘‘(ii) technology being procured or con7 sidered by any component of the Depart8 ment as part of a major acquisition pro9 gram. 

10 ‘‘(B) LIMITATION.—The Under Secretary 

11 shall not apply the process to— 

12 ‘‘(i) radiological or nuclear detection 

13 and countermeasure technologies developed 

14 or procured by the Department; and 

15 ‘‘(ii) procurement of information tech16 nology.’’. 

17 SEC. 706. OPERATIONAL TEST AND EVALUATION. 

18 (a) IN GENERAL.—Title VII (6 U.S.C. 341 et seq.) is 

19 further amended by adding at the end of the following new 

20 section: 

21 ‘‘SEC. 713. OPERATIONAL TEST AND EVALUATION. 

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

23 the Department a Director of Operational Test and Evalua24 tion. 


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1 ‘‘(b) RESPONSIBILITIES, AUTHORITIES, AND FUNC2 TIONS.—The Director of Operational Test and Evalua3 tion— 

4 ‘‘(1) shall advise the Secretary, the Under Sec5 retary for Management, the Under Secretary for 

6 Science and Technology, and the heads of other rel7 evant components of the Department regarding all ac8 tivities related to operational test and evaluation in 

9 the Department; and 

10 ‘‘(2) shall— 

11 ‘‘(A) prescribe operational test and evalua12 tion policies and procedures for the Department, 

13 which shall include policies to ensure that oper14 ational testing is done at facilities that already 

15 have relevant and appropriate safety and mate16 rial certifications to the extent such facilities are 

17 available; 

18 ‘‘(B) ensure the effectiveness, reliability, and 

19 suitability of operational testing and evaluation 

20 activities planned and conducted by or on behalf 

21 of components of the Department in major ac22 quisition programs of the Department; 

23 ‘‘(C) review and approve all operational 

24 test plans and evaluation procedures for major 

25 acquisition programs of the Department; 


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1 ‘‘(D) provide the Department with inde2 pendent and objective assessments of the ade3 quacy of operational testing and evaluation ac4 tivities conducted by or on behalf of the Depart5 ment for major acquisition programs of the De6 partment; and 

7 ‘‘(E) coordinate operational testing con8 ducted jointly by more than one component of 

9 the Department. 

10 ‘‘(c) ACCESS TO INFORMATION.—The Director of Oper11 ational Test and Evaluation— 

12 ‘‘(1) shall have prompt and full access to test 

13 and evaluation and acquisition documents, data, and 

14 test results of the Department that the Director con15 siders necessary in order to carry out the duties under 

16 this section; and 

17 ‘‘(2) may designate observers to be present dur18 ing the preparation for and the conducting of any 

19 operational test and evaluation within the Depart20 ment. 

21 ‘‘(d) LIMITATION.—The Director is not required to 

22 carry out operational testing.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents in 

24 section 1(b) is further amended by adding at the end of 

25 the items relating to such title the following: 

‘‘Sec. 713. Operational test and evaluation.’’. 


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1 SEC. 707. AVAILABILITY OF TESTING FACILITIES AND 

2 EQUIPMENT. 

3 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) is 

4 further amended by adding at the end the following new 

5 section: 

6 ‘‘SEC. 322. AVAILABILITY OF TESTING FACILITIES AND 

7 EQUIPMENT. 

8 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

9 and Technology may make available to any person, for an 

10 appropriate fee, the services of any testing facility owned 

11 by the Federal Government and operated by the Directorate 

12 for Science and Technology for the testing of materials, 

13 equipment, models, computer software, and other items de14 signed to advance the homeland security mission. 

15 ‘‘(b) INTERFERENCE WITH FEDERAL PROGRAMS.— 

16 The Under Secretary shall ensure that the testing at such 

17 facilities of materials, equipment, models, computer soft18 ware, or other items not owned by the Federal Government 

19 do not cause personnel or other resources of the Federal Gov20 ernment to be diverted from scheduled Federal Government 

21 tests or otherwise interfere with Federal Government mis22 sion requirements. 

23 ‘‘(c) CONFIDENTIALITY OF TEST RESULTS.—The re24 sults of tests performed by a person with services made 

25 available under subsection (a) and any associated data pro26 vided by the person for the conduct of the tests— 


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1 ‘‘(1) are trade secrets and commercial or finan2 cial information that is privileged or confidential 

3 within the meaning of section 552(b)(4) of title 5, 

4 United States Code; and 

5 ‘‘(2) may not be disclosed outside the Federal 

6 Government without the consent of the person for 

7 which the tests are performed. 

8 ‘‘(d) FEES.—The fee for using the services of a facility 

9 under subsection (a) may not exceed the amount necessary 

10 to recoup the direct and indirect costs involved, such as di11 rect costs of utilities, contractor support, and salaries of 

12 personnel, that are incurred by the Federal Government to 

13 provide for the testing. 

14 ‘‘(e) USE OF FEES.—Any fee collected under subsection 

15 (a) shall be credited to the appropriations or other funds 

16 of the Directorate of Science and Technology and shall be 

17 used to directly support the research and development ac18 tivities of the Department.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents in 

20 section 1(b) is further amended by adding at the end of 

21 the items relating to title III the following new item: 

‘‘Sec. 322. Availability of testing facilities and equipment.’’. 

22 SEC. 708. BIOFORENSICS CAPABILITIES. 

23 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) is 

24 further amended by adding at the end the following new 

25 section: 


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1 ‘‘SEC. 323. BIOFORENSICS CAPABILITIES. 

2 ‘‘(a) BIOFORENSICS ANALYSIS CENTER.—There is au3 thorized in the Department a bioforensics analysis center 

4 to provide support for law enforcement and intelligence-re5 lated investigations and actions to— 

6 ‘‘(1) provide definitive bioforensics analysis in 

7 support of the executive agencies with primary re8 sponsibilities for preventing, deterring, responding to, 

9 attributing, and recovering from biological attacks; 

10 and 

11 ‘‘(2) undertake other related bioforensics activi12 ties. 

13 ‘‘(b) PAYMENT FOR SERVICES.—The center shall 

14 charge and retain fees to reimburse the cost of any service 

15 provided to an executive agency that requested such service. 

16 ‘‘(c) DETAILEE PROGRAM.—Subject to the availability 

17 of appropriations, the Secretary may implement a program 

18 under which executive agencies as considered appropriate 

19 by the Secretary provide personnel, on a reimburseable 

20 basis, to the center for the purpose of— 

21 ‘‘(1) providing training and other educational 

22 benefits for such stakeholders to help them to better 

23 understand the policies, procedures, and laws gov24 erning national bioforensics activities; and 

25 ‘‘(2) bolstering the capabilities and information 

26 sharing activities of the bioforensics analysis center 


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1 authorized under subsection (a) with national bio2 security and biodefense stakeholders.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents in 

4 section 1(b) is further amended by adding at the end of 

5 the items relating to title III the following new item: 

‘‘Sec. 323. Bioforensics capabilities.’’. 

6 SEC. 709. HOMELAND SECURITY SCIENCE AND TECH7 NOLOGY FELLOWS PROGRAM. 

8 (a) IN GENERAL.—Title III of the Homeland Security 

9 Act of 2002 (6 U.S.C. 181 et seq.) is further amended by 

10 adding at the end the following new section: 

11 ‘‘SEC. 324. HOMELAND SECURITY SCIENCE AND TECH12 NOLOGY FELLOWS PROGRAM. 

13 ‘‘(a) ESTABLISHMENT.—The Secretary, acting through 

14 the Under Secretary for Science and Technology, shall es15 tablish a fellows program, to be known as the Homeland 

16 Security Science and Technology Fellows Program, under 

17 which the Under Secretary shall facilitate the temporary 

18 placement of scientists in relevant scientific or technological 

19 fields for up to 2 years in components of the Department 

20 with a need for scientific and technological expertise. 

21 ‘‘(b) UTILIZATION OF FELLOWS.— 

22 ‘‘(1) IN GENERAL.—Under the Program, the 

23 Under Secretary may employ fellows— 

24 ‘‘(A) for the use of the Directorate of Science 

25 and Technology; or 


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1 ‘‘(B) for the use of a Department component 

2 outside such Directorate, under an agreement 

3 with the head of such a component under which 

4 the component will reimburse the Directorate for 

5 the costs of such employment. 

6 ‘‘(2) RESPONSIBILITIES.—Under such an agree7 ment— 

8 ‘‘(A) the Under Secretary shall— 

9 ‘‘(i) solicit and accept applications 

10 from individuals who are currently enrolled 

11 in or who are graduates of postgraduate 

12 programs in scientific and engineering 

13 fields related to the promotion of securing 

14 the homeland, including— 

15 ‘‘(I) biological, chemical, physical, 

16 behavioral, social, health, medical, and 

17 computational sciences; 

18 ‘‘(II) geosciences; 

19 ‘‘(III) all fields of engineering; 

20 and 

21 ‘‘(IV) such other disciplines as are 

22 determined relevant by the Secretary; 

23 ‘‘(ii) screen applicant candidates and 

24 interview them as appropriate to ensure 

25 that they possess the appropriate level of 


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1 scientific and engineering expertise and 

2 qualifications; 

3 ‘‘(iii) provide a list of qualified appli4 cants to the heads of Department compo5 nents seeking to utilize qualified fellows; 

6 ‘‘(iv) subject to the availability of ap7 propriations, pay financial compensation to 

8 such fellows; 

9 ‘‘(v) coordinate with the Chief Security 

10 Officer to facilitate and expedite provision 

11 of security clearances to fellows, as appro12 priate; and 

13 ‘‘(vi) otherwise administer all aspects 

14 of the employment of fellows with the De15 partment; and 

16 ‘‘(B) the head of the component utilizing a 

17 fellow shall— 

18 ‘‘(i) select the fellow from the list of 

19 qualified applicants provided by the Under 

20 Secretary; 

21 ‘‘(ii) reimburse the Under Secretary 

22 for the costs of employing the fellow selected, 

23 including administrative costs; and 

24 ‘‘(iii) be responsible for the day-to-day 

25 management of the fellow. 


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1 ‘‘(c) APPLICATIONS FROM NONPROFIT ORGANIZA2 TIONS.—The Under Secretary may accept an application 

3 under subsection (b)(2)(A) that is submitted by a nonprofit 

4 organization on behalf of individuals whom such nonprofit 

5 organization has determined may be qualified applicants 

6 under the program.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents in 

8 section 1(b) of such Act is further amended by adding at 

9 the end of the items relating to title III the following new 

10 item: 

‘‘Sec. 324. Homeland Security Science and Technology Fellows Program.’’. 

11 SEC. 710. HOMELAND SECURITY SCIENCE AND TECH12 NOLOGY ADVISORY COMMITTEE. 

13 Section 311 of the Homeland Security Act of 2002 (6 

14 U.S.C. 191) is amended— 

15 (1) by striking subsection (a) and inserting the 

16 following: 

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

18 the Directorate of Science and Technology a Science and 

19 Technology Advisory Committee (in this section referred to 

20 as the ‘Advisory Committee’). The Advisory Committee 

21 shall meet no fewer than 2 times each year and make rec22 ommendations with respect to the activities of the Under 

23 Secretary for Science and Technology, including— 


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1 ‘‘(1) identifying research and development areas 

2 of potential importance to the security of the Nation; 

3 and 

4 ‘‘(2) providing advice in developing and updat5 ing the strategic plan under section 318 and the 5- 

6 year homeland security research and development 

7 plan under section 319.’’; and 

8 (2) in subsection (j), by striking ‘‘December 31, 

9 2008’’ and inserting ‘‘7 years after the date of enact10 ment of the Department of Homeland Security Au11 thorization Act for Fiscal Year 2012’’. 

12 SEC. 711. FEDERALLY FUNDED RESEARCH AND DEVELOP13 MENT CENTERS. 

14 Section 305 (6 U.S.C. 184) is amended— 

15 (1) by inserting ‘‘(a) ESTABLISHMENT.—’’ before 

16 the first sentence; and 

17 (2) by adding at the end the following new sub18 sections: 

19 ‘‘(b) CONFLICTS OF INTEREST.—The Secretary shall 

20 review and revise, as appropriate, the policies of the De21 partment relating to personnel conflicts of interest to ensure 

22 that such policies specifically address employees of federally 

23 funded research and development centers established under 

24 this section who are in a position to make or materially 

25 influence research findings or agency decisionmaking. 


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1 ‘‘(c) ANNUAL REPORTS.—Each federally funded re2 search and development center established under this section 

3 shall transmit to the Secretary and appropriate congres4 sional committees an annual report describing the activities 

5 of the center in support of the Department.’’. 

6 SEC. 712. CRITERIA FOR DESIGNATION AS A UNIVERSITY7 BASED CENTER FOR HOMELAND SECURITY. 

8 Section 308(b)(2)(B) (6 U.S.C. 188(b)(2)(B)) is 

9 amended— 

10 (1) in the matter preceding clause (i), by strik11 ing ‘‘in—’’ and inserting ‘‘in one or more of the fol12 lowing:’’; 

13 (2) in clause (iii), by inserting before the period 

14 at the end the following: ‘‘, including medical readi15 ness training and research, and community resiliency 

16 for public health and healthcare critical infrastruc17 ture’’; and 

18 (3) in clause (iv), by striking ‘‘and nuclear’’ and 

19 inserting ‘‘nuclear, and explosive’’. 

20 SEC. 713. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGE21 MENT AT THE SCIENCE AND TECHNOLOGY DI22 RECTORATE. 

23 (a) IN GENERAL.—Subtitle E of title VIII of the 

24 Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is 

25 further amended by adding at the end the following: 


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1 ‘‘SEC. 847. AUTHORITY FOR FLEXIBLE PERSONNEL MAN2 AGEMENT AT THE SCIENCE AND TECH3 NOLOGY DIRECTORATE. 

4 ‘‘(a) IN GENERAL.—To the extent necessary to ensure 

5 that the Department has the personnel required to carry 

6 out the mission of the Science and Technology Directorate, 

7 the Secretary may— 

8 ‘‘(1) make appointments to scientific or engi9 neering positions within such Directorate that require 

10 an advanced degree without regard to the provisions 

11 of title 5, United States Code, governing appoint12 ments in the competitive service, other than sections 

13 3303 and 3328 of such title; and 

14 ‘‘(2) fix the pay of any personnel appointed 

15 under paragraph (1) without regard to the provisions 

16 of chapter 51 and subchapter III of chapter 53 of such 

17 title relating to classification and General Schedule 

18 pay rates. 

19 ‘‘(b) LIMITATION.— 

20 ‘‘(1) IN GENERAL.—Not more than 5 percent of 

21 the occupied positions within the Directorate of 

22 Science and Technology may at any time consist of 

23 positions occupied by personnel appointed under this 

24 section. 

25 ‘‘(2) COUNTING RULE.—For purposes of apply26 ing the limitation set forth in paragraph (1), deterVerDate Mar 15 2010 23:50 Dec 21, 2012 Jkt 029200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6203 E:\BILLS\H3116.RH H3116

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1 minations under this subsection shall be made on a 

2 full-time equivalent basis. 

3 ‘‘(c) TERMINATION.—The authority to make appoint4 ments under this section shall cease to be available after 

5 January 1, 2017.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents in 

7 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

8 101(b)) is further amended by adding at the end of the items 

9 relating to such subtitle the following: 

‘‘Sec. 847. Authority for flexible personnel management at the Science and Technology Directorate.’’. 

10 SEC. 714. INDEPENDENT TESTING AND EVALUATION OF 

11 HOMELAND SECURITY DETECTION TECH12 NOLOGIES. 

13 Section 308 (6 U.S.C. 188) is further amended by add14 ing at the end the following new subsection: 

15 ‘‘(e) TEST AND EVALUATION PROGRAM FOR COMMER16 CIALLY AVAILABLE CHEMICAL AND BIOLOGICAL DETEC17 TION EQUIPMENT.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall imple19 ment a test and evaluation program for commercially 

20 available chemical and biological detection equip21 ment. 

22 ‘‘(2) FUNCTIONS.—The program established 

23 under paragraph (1) shall— 


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1 ‘‘(A) evaluate, against national consensus 

2 standards and homeland security specific tech3 nical capability standards or performance 

4 metrics adopted by the Department to the great5 est extent practicable, the capability of commer6 cially available chemical and biological detection 

7 equipment to detect high risk biological agents 

8 and toxins and chemical agents and meet home9 land security mission requirements; 

10 ‘‘(B) facilitate the accreditation or Depart11 ment acceptance of laboratories to be used for the 

12 testing and evaluation under subparagraph (A); 

13 ‘‘(C) standardize test and reporting proto14 cols and procedures to be used by the laboratories 

15 under accredited under subparagraph (B); 

16 ‘‘(D) provide for cost-sharing with tech17 nology manufacturers whereby manufacturers 

18 may pay for the testing and evaluation under 

19 subparagraph (A) by the laboratories accredited 

20 under subparagraph (B); 

21 ‘‘(E) inform and enable expedited consider22 ation of compliant technology for designation or 

23 certification under subtitle G of title VIII; 

24 ‘‘(F) inform Federal, State, local, tribal, 

25 and territorial government procurement and 


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1 grant decisions, including detection equipment 

2 placed on the authorized equipment list; and 

3 ‘‘(G) provide, with permission from the 

4 manufacturer, results of the testing and evalua5 tion under subparagraph (A) and operationally 

6 relevant technical information on detection 

7 equipment to Department components, and other 

8 Federal, State, local, tribal, and territorial gov9 ernments and first responders, including unclas10 sified information through the Responder Knowl11 edge Base.’’. 

12 SEC. 715. NORTHERN BORDER UNMANNED AERIAL VEHICLE 

13 PILOT PROJECT. 

14 (a) RESEARCH AND DEVELOPMENT.—The Under Sec15 retary for Science and Technology, in conjunction with the 

16 Commissioner of U.S. Customs and Border Protection, shall 

17 research and develop technologies to allow routine operation 

18 of medium-sized unmanned aerial vehicles, including au19 tonomously piloted drones, within the national airspace for 

20 border and maritime security missions without any deg21 radation of existing levels of security-related surveillance or 

22 of safety for all national airspace system users. 

23 (b) PILOT PROJECT.—No later than 180 days after the 

24 date of enactment of this Act, the Secretary shall commence 

25 a pilot project in segregated airspace along the northern 


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1 border to conduct experiments and collect data in order to 

2 accelerate the safe integration of medium-sized unmanned 

3 aircraft systems into the national airspace system. 

4 Subtitle B—Domestic Nuclear 

5 Detection Office 

6 SEC. 721. RADIOLOGICAL AND NUCLEAR DETECTION AND 

7 COUNTERMEASURES RESEARCH, DEVELOP8 MENT, TESTING, AND EVALUATION. 

9 (a) IN GENERAL.—Title XIX of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 591 et seq.) is amended by add11 ing at the end the following new sections: 

12 ‘‘SEC. 1908. RADIOLOGICAL AND NUCLEAR DETECTION AND 

13 COUNTERMEASURES RESEARCH, DEVELOP14 MENT, TESTING, AND EVALUATION. 

15 ‘‘In carrying out radiological and nuclear research, de16 velopment, testing and evaluation activities required under 

17 section 1902, the Director for the Domestic Nuclear Detec18 tion Office shall— 

19 ‘‘(1) have authorities and carry out responsibil20 ities consistent with those established under sections 

21 302, 305, 308, 309, 320, and 321 for all radiological 

22 and nuclear research, development, testing, and eval23 uation programs of the Department; and 

24 ‘‘(2) utilize an appropriate iterative combination 

25 of physical tests and computer modeling to provide an 


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1 analytical basis for assessing detector performance of 

2 major radiological and nuclear detection acquisition 

3 programs of the Department. 

4 ‘‘SEC. 1909. AWARENESS OF THE GLOBAL NUCLEAR DETEC5 TION ARCHITECTURE. 

6 ‘‘(a) IN GENERAL.—In carrying out the responsibil7 ities under paragraphs (3), (5), (8), and (9) of section 

8 1902(a), the Director shall maintain awareness of the Glob9 al Nuclear Detection Architecture (in this section referred 

10 to as ‘GNDA’) and its assets, including availability of 

11 equipment and trained personnel, types of equipment, 

12 equipment detection events and data, relevant intelligence 

13 information, and other information as needed. 

14 ‘‘(b) DATA EXCHANGE.—To support the activities 

15 under subsection (a), the Director and heads of agencies in 

16 the GNDA shall ensure that widely accepted, consensus17 based data exchange standards are applied to detection and 

18 communications systems incorporated into the GNDA, to 

19 the extent practicable.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents in 

21 section 1(b) is amended by adding at the end of the items 

22 relating to such title the following: 

‘‘Sec. 1908. Radiological and nuclear detection and countermeasures research, development, testing, and evaluation. 

‘‘Sec. 1909. Awareness of the Global Nuclear Detection Architecture.’’. 


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1 SEC. 722. DOMESTIC IMPLEMENTATION OF THE GLOBAL 

2 NUCLEAR DETECTION ARCHITECTURE. 

3 (a) IN GENERAL.—Title XIX of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 591 et seq.) is further amended 

5 by adding at the end the following: 

6 ‘‘SEC. 1910. DOMESTIC IMPLEMENTATION OF THE GLOBAL 

7 NUCLEAR DETECTION ARCHITECTURE. 

8 ‘‘(a) IN GENERAL.—In carrying out the responsibil9 ities of the office under section 1902(a)(4)(A), the Director 

10 shall provide support for planning, organization and 

11 sustainment, equipment, training, exercises, and oper12 ational assessments, to State, local, and tribal entities to 

13 assist in implementing preventive radiological and nuclear 

14 detection capabilities. 

15 ‘‘(b) DOMESTIC INTERIOR PROGRAMS.— 

16 ‘‘(1) SECURING THE CITIES.—The Director for 

17 Domestic Nuclear Detection shall establish and main18 tain a program to enhance, through State, local, trib19 al, and private entities, the Nation’s ability to detect 

20 and prevent a radiological or nuclear attack in high21 risk United States cities, as determined by the Sec22 retary. 

23 ‘‘(2) SURGE CAPABILITIES.—The Director shall 

24 coordinate development of a surge capability for radi25 ological and nuclear detection systems that can be de26 ployed within the United States rapidly in response 


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1 to intelligence or warnings that includes procurement 

2 of appropriate technology, training, exercises, oper3 ational assessments, maintenance, and support. 

4 ‘‘(3) INTEGRATION.—The programs under sub5 sections (a) and (b) shall be integrated into the global 

6 nuclear detection architecture and inform architecture 

7 studies, technology gaps, and research activities of the 

8 Domestic Nuclear Detection Office.’’. 

9 (b) CONFORMING AMENDMENT.—The table of contents 

10 in section 1(b) is further amended by adding at the end 

11 of the items relating to such title the following: 

‘‘Sec. 1910. Domestic implementation of the global nuclear detection architecture.’’. 

12 SEC. 723. RADIATION PORTAL MONITOR ALTERNATIVES. 

13 The Director of the Domestic Nuclear Detection Office 

14 shall analyze and report to the appropriate congressional 

15 committees by not later than 90 days after the date of enact16 ment of this Act on existing and developmental alternatives 

17 that could provide an enhanced capability to currently de18 ployed radiation portal monitors, the criteria to measure 

19 the operational effectiveness of those alternatives, and the 

20 expected timeframe and costs to fully develop and deploy 

21 those alternatives. 


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1 SEC. 724. CONTRACTING AND GRANTMAKING AUTHORITIES. 

2 Section 1906 of the Homeland Security Act of 2002 

3 (6 U.S.C. 596) is amended by striking ‘‘paragraphs (6) and 

4 (7) of’’ each place it appears. 

5 SEC. 725. DOMESTIC NUCLEAR DETECTION IMPLEMENTA6 TION PLAN. 

7 (a) IN GENERAL.—The Secretary shall develop a 5- 

8 year plan of investments necessary to implement the De9 partment of Homeland Security’s responsibilities under the 

10 domestic component of the global nuclear detection architec11 ture. 

12 (b) CONTENTS.—The 5-year plan developed under sub13 section (a) shall— 

14 (1) define the roles and responsibilities of each 

15 component of the Department in support of the do16 mestic detection architecture, including any existing 

17 or planned programs to prescreen cargo or convey18 ances overseas; 

19 (2) identify and describe the specific investments 

20 being made or planned by the Department compo21 nents for the 5-year fiscal period to support the do22 mestic architecture and the security of sea, land, and 

23 air pathways into the United States; 

24 (3) describe the investments necessary to address 

25 known vulnerabilities and gaps, including associated 

26 costs and timeframes; 


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1 (4) explain how the Department’s research and 

2 development funding is furthering the implementation 

3 of the domestic nuclear detection architecture, includ4 ing specific investments planned for the 5-year fiscal 

5 period; and 

6 (5) explain the process used to define, analyze, 

7 and enhance the future domestic component of the 

8 global nuclear detection architecture. 

9 (c) DEADLINE.—The Secretary shall submit to the ap10 propriate congressional committees the plan required under 

11 subsection (a) by not later than 180 days after the date 

12 of enactment of this Act. 

13 SEC. 726. SCIENCE AND TECHNOLOGY FELLOWS PROGRAM 

14 OUTREACH. 

15 Within 90 days of enactment of this Act, the Secretary 

16 of Homeland Security shall implement outreach to enhance 

17 awareness and increase participation of qualified students 

18 at institutes of higher education, including minority serv19 ing institutions such as historically black colleges and uni20 versities, hispanic serving institutions, and tribal colleges 

21 and universities, in the Department of Homeland Security’s 

22 Science and Technology Directorate Fellows program. 


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1 SEC. 727. BUY AMERICAN REQUIREMENT FOR INFORMA2 TION TECHNOLOGY. 

3 The Secretary shall contract for procurement of infor4 mation technology products or services only with a United 

5 States-owned corporation or other entity, unless within 15 

6 days after entering into a contract with a non-United 

7 States-owned corporation or other entity the Secretary pro8 vides to the Committee on Homeland Security of the House 

9 of Representatives— 

10 (1) notification of the contract, including the 

11 name of the corporation or entity, the value of the 

12 contract, the nature of the product or services to be 

13 procured, and information regarding contract provi14 sions that will be used to ensure security of United 

15 States data; and 

16 (2) certification that no comparable product or 

17 service was available from a United States-owned cor18 poration or other entity at a comparable cost. 

19 SEC. 728. UNIVERSITY-BASED CENTERS. 

20 There is authorized to be appropriated $36,600,000 for 

21 fiscal year 2012 to the Secretary to carry out the university22 based centers program of the Department. 

23 SEC. 729. REVIEW OF UNIVERSITY-BASED CENTERS. 

24 (a) GAO STUDY OF UNIVERSITY-BASED CENTERS.— 

25 Not later than 120 days after the date of enactment of this 

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1 tiate a study to assess the university-based centers for home2 land security program authorized by section 308(b)(2) of 

3 the Homeland Security Act of 2002 (6 U.S.C. 188(b)(2)), 

4 and provide recommendations to the appropriate congres5 sional committees for appropriate improvements. 

6 (b) SUBJECT MATTERS.—The study under subsection 

7 (a) shall include the following: 

8 (1) A review of the Department’s efforts to iden9 tify key areas of study needed to support the home10 land security mission, and criteria that the Depart11 ment utilized to determine those key areas for which 

12 the Department should maintain, establish, or elimi13 nate university-based centers. 

14 (2) A review of the method by which university15 based centers, federally funded research and develop16 ment centers, and Department of Energy national 

17 laboratories receive tasking from the Department, in18 cluding a review of how university-based research is 

19 identified, prioritized, and funded. 

20 (3) A review of selection criteria for designating 

21 university-based centers and a weighting of such cri22 teria. 

23 (4) An examination of best practices from other 

24 agencies efforts to organize and use university-based 

25 research to support their missions. 


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1 (5) A review of the Department’s criteria and 

2 metrics to measure demonstrable progress achieved by 

3 university-based centers in fulfilling Department 

4 taskings, and mechanisms for delivering and dissemi5 nating the research results of designated university6 based centers within the Department and to other 

7 Federal, State, and local agencies. 

8 (6) An examination of the means by which aca9 demic institutions that are not designated or associ10 ated with the designated university-based centers can 

11 optimally contribute to the research mission of the 

12 Directorate. 

13 (7) An assessment of the interrelationship be14 tween the different university-based centers. 

15 (8) A review of any other essential elements of 

16 the programs determined in the conduct of the study. 

17 (c) MORATORIUM ON NEW UNIVERSITY-BASED CEN18 TERS.—The Secretary may not designate any new univer19 sity-based centers to research new areas in homeland secu20 rity prior to the completion of the Comptroller General’s 

21 review. 


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1 TITLE VIII—IMMUNITY FOR RE2 PORTS OF SUSPECTED TER3 RORIST ACTIVITY OR SUS4 PICIOUS BEHAVIOR AND RE5 SPONSE 

6 SEC. 801. SHORT TITLE. 

7 This title may be cited as the ‘‘See Something, Say 

8 Something Act of 2011’’. 

9 SEC. 802. AMENDMENT TO THE HOMELAND SECURITY ACT 

10 OF 2002. 

11 (a) IN GENERAL.—Subtitle H of title VIII of the 

12 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is 

13 further amended by adding at the end the following: 

14 ‘‘SEC. 890C. IMMUNITY FOR REPORTS OF SUSPECTED TER15 RORIST ACTIVITY OR SUSPICIOUS BEHAVIOR 

16 AND RESPONSE. 

17 ‘‘(a) IMMUNITY FOR REPORTS OF SUSPECTED TER18 RORIST ACTIVITY OR SUSPICIOUS BEHAVIOR AND RE19 SPONSE.— 

20 ‘‘(1) IN GENERAL.—Any person who, in good 

21 faith and based on objectively reasonable suspicion, 

22 makes, or causes to be made, a voluntary report of 

23 covered activity to an authorized official shall be im24 mune from civil liability under Federal, State, and 

25 local law for such report. 


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1 ‘‘(2) FALSE REPORTS.—Paragraph (1) shall not 

2 apply to any report that the person knew to be false 

3 or was made with reckless disregard for the truth at 

4 the time that the person made that report. 

5 ‘‘(b) IMMUNITY FOR RESPONSE.— 

6 ‘‘(1) IN GENERAL.—Any authorized official who 

7 observes, or receives a report of, covered activity and 

8 takes reasonable action in good faith to respond to 

9 such activity shall have qualified immunity from 

10 civil liability for such action, consistent with applica11 ble law in the relevant jurisdiction. An authorized of12 ficial as defined by section (d)(1)(A) not entitled to 

13 assert the defense of qualified immunity shall none14 theless be immune from civil liability under Federal, 

15 State, and local law if such authorized official takes 

16 reasonable action, in good faith, to respond to the re17 ported activity. 

18 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub19 section shall— 

20 ‘‘(A) affect the ability of any authorized of21 ficial to assert any defense, privilege, or immu22 nity that would otherwise be available; and 

23 ‘‘(B) be construed as affecting any such de24 fense, privilege, or immunity. 


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1 ‘‘(c) ATTORNEY FEES AND COSTS.—Any authorized of2 ficial or other person found to be immune from civil liabil3 ity under this section shall be entitled to recover from the 

4 plaintiff all reasonable costs and attorney fees. 

5 ‘‘(d) DEFINITIONS.—In this section: 

6 ‘‘(1) AUTHORIZED OFFICIAL.—The term ‘author7 ized official’ means— 

8 ‘‘(A) any officer, employee, or agent of the 

9 Federal government with responsibility for pre10 venting, protecting against, disrupting, or re11 sponding to a ‘covered activity;’ or 

12 ‘‘(B) any Federal, State, or local law en13 forcement officer. 

14 ‘‘(2) COVERED ACTIVITY.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), the term ‘covered activity’ means any 

17 suspicious transaction, activity, or occurrence 

18 indicating that an individual may be engaging, 

19 or preparing to engage, in a violation of law re20 lating to an act of terrorism (as that term is de21 fined in section 3077 of title 18, United States 

22 Code). 

23 ‘‘(B) MARITIME-RELATED ACTS.—The term 

24 includes any act of terrorism directed against a 

25 vessel, facility (as that term is defined in section 


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1 70101 of title 46, United States Code), port, or 

2 waterway, whether or not a passenger is threat3 ened, indicating that an individual may be en4 gaging, or preparing to engage, in a violation of 

5 law relating to— 

6 ‘‘(i) a threat to a vessel, facility (as so 

7 defined), port, or waterway; or 

8 ‘‘(ii) an act of terrorism against a ves9 sel, facility (as so defined), port, or water10 way.’’. 

11 (b) AMENDMENT TO THE TABLE OF CONTENTS.—The 

12 table of contents for the Homeland Security Act of 2002 

13 is further amended by adding at the end of the items relat14 ing to such subtitle the following: 

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

15 TITLE IX—MISCELLANEOUS 

16 SEC. 901. REDESIGNATION AND MOVEMENT OF MISCELLA17 NEOUS PROVISIONS. 

18 (a) IN GENERAL.—The Homeland Security Act of 

19 2002 (6 U.S.C. 101 et seq.) is further amended— 

20 (1) by redesignating subtitle H of title VIII (re21 lating to miscellaneous provisions) as title XXIII of 

22 such Act; 

23 (2) by transferring such title to appear at the 

24 end of the Act; 


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1 (3) by amending the heading for such title to 

2 read as follows: 

3 ‘‘TITLE XXIII—MISCELLANEOUS 

4 PROVISIONS’’; and 

5 (4) by striking sections 889 and 890 (consisting 

6 of amendments to existing law, which have executed), 

7 and redesignating the other sections of such title as 

8 section 2301 through 2321, respectively. 

9 (b) CONFORMING AMENDMENTS.—Such Act is further 

10 amended— 

11 (1) in section 506(b) (6 U.S.C. 316(b)), by strik12 ing ‘‘Section 872’’ and inserting ‘‘Section 2302’’; 

13 (2) in section 508(a) (6 U.S.C. 318(a)), by strik14 ing ‘‘section 871’’ and inserting ‘‘section 2301’’; 

15 (3) in section 508(d)(1) (6 U.S.C. 318(d)), by 

16 striking ‘‘section 871(a)’’ and inserting ‘‘section 

17 2301(a)’’; 

18 (4) in section 702(b)(2) (6 U.S.C. 432(b)(2)), by 

19 striking ‘‘section 874(b)(2)’’ each place it appears and 

20 inserting ‘‘section 2304(b)(2)’’; 

21 (5) in section 702(b)(2)(E) (6 U.S.C. 432(b)(2)), 

22 by striking ‘‘section 874’’ and inserting ‘‘section 

23 2304’’; 


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1 (6) in section 702(b)(4)(A) (6 U.S.C. 

2 432(b)(4)(A)), by striking ‘‘section 872(a)’’ and in3 serting ‘‘section 2302(a)’’; 

4 (7) in section 702(b)(4)(B) (6 U.S.C. 

5 432(b)(4)(B)), by striking ‘‘Section 872(b)’’ and in6 serting ‘‘Section 2302(b)’’; 

7 (8) in section 707(a)(4) (6 U.S.C. 347(a)(4)), by 

8 striking ‘‘section 874’’ and inserting ‘‘section 2304’’; 

9 and 

10 (9) in section 843(b)(1)(B)(i) (6 U.S.C. 

11 413(b)(1)(B)(i)), by striking ‘‘section 878’’ and in12 serting ‘‘section 2308’’. 

13 (c) CLERICAL AMENDMENTS.—The table of contents in 

14 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

15 101 et seq.) is amended— 

16 (1) by striking the items relating to subtitle H 

17 of title VIII; and 

18 (2) by adding at the end the following new items: 

‘‘TITLE XXIII—MISCELLANEOUS PROVISIONS 

‘‘Sec. 2301. Advisory committees. 

‘‘Sec. 2302. Reorganization. 

‘‘Sec. 2303. Use of appropriated funds. 

‘‘Sec. 2304. Future-years homeland security program. 

‘‘Sec. 2305. Miscellaneous authorities. 

‘‘Sec. 2306. Military activities. 

‘‘Sec. 2307. Regulatory authority and preemption. 

‘‘Sec. 2308. Office of Counternarcotics Enforcement. 

‘‘Sec. 2309. Office of International Affairs. 

‘‘Sec. 2310. Prohibition of the Terrorism Information and Prevention System. 

‘‘Sec. 2311. Review of pay and benefit plans. 

‘‘Sec. 2312. Office for National Capital Region Coordination. 

‘‘Sec. 2313. Requirement to comply with laws protecting equal employment opportunity and providing whistleblower protections. 


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‘‘Sec. 2314. Federal Law Enforcement Training Center. 

‘‘Sec. 2315. Joint Interagency Task Force. 

‘‘Sec. 2316. Sense of Congress reaffirming the continued importance and applicability of the Posse Comitatus Act. 

‘‘Sec. 2317. Coordination with the Department of Health and Human Services 

under the Public Health Service Act. 

‘‘Sec. 2318. Preserving Coast Guard mission performance. 

‘‘Sec. 2319. Treatment of charitable trusts for members of the Armed Forces of the 

United States and other governmental organizations. 

‘‘Sec. 2320. Buy American requirement; exceptions. 

‘‘Sec. 2321. Immunity for reports of suspected terrorist activity or suspicious behavior and response.’’. 

1 SEC. 902. GUIDANCE TO AND COORDINATION WITH LOCAL 

2 EDUCATIONAL AND SCHOOL DISTRICTS. 

3 To enhance domestic preparedness for and collective re4 sponse to terrorism, natural disasters, and public health 

5 emergencies, the Secretary shall provide guidance to and 

6 coordinate with local educational and school districts that 

7 are at a high risk of acts of terrorism, natural disasters, 

8 or public heath emergencies. 

9 SEC. 903. FEDERAL LAW ENFORCEMENT TRAINING OPPOR10 TUNITIES FOR LOCAL LAW ENFORCEMENT 

11 PERSONNEL WITH RESPONSIBILITIES FOR 

12 SECURING PORTS. 

13 The Secretary shall endeavor to make available Fed14 eral law enforcement training opportunities, including 

15 through the Federal Law Enforcement Training Center, to 

16 local law enforcement personnel with responsibilities for se17 curing ports. 


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1 SEC. 904. SECURITY GAPS AT DRINKING WATER AND WASTE2 WATER TREATMENT FACILITIES. 

3 (a) IN GENERAL.—To enhance domestic preparedness 

4 for an act of terrorism, the Secretary shall enter into a 

5 memorandum of understanding with the Administrator of 

6 the Environmental Protection Agency to establish a plan 

7 to address security gaps at drinking water treatment facili8 ties and wastewater treatment facilities. 

9 (b) CONTENTS.—The memorandum shall include a 

10 plan to provide to operators of such facilities— 

11 (1) guidance that is substantially similar to the 

12 Chemical Facility Anti-Terrorism Standards Interim 

13 Final Rule issued by the Department (6 C.F.R. Part 

14 27), as amended by the appendix to such standards 

15 published by the Department (72 Fed. Reg. 65396); 

16 and 

17 (2) technical assistance to enhance security at 

18 such facilities in accordance with such guidance. 

19 SEC. 905. GUIDANCE AND COORDINATION FOR OUTREACH 

20 TO PEOPLE WITH DISABILITIES DURING 

21 EMERGENCIES. 

22 To enhance domestic preparedness for and collective re23 sponse to terrorism, natural disasters, and public health 

24 emergencies, the Secretary shall provide guidance to and 

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1 ganizations in implementing plans for outreach to people 

2 with disabilities during emergencies. 

3 SEC. 906. TWIC PROCESS REFORM. 

4 (a) SENSE OF CONGRESS.—To avoid further imposing 

5 unnecessary and costly regulatory burdens on United States 

6 workers and businesses, it is the sense of Congress that it 

7 is urgent that the Transportation Worker Identification 

8 Credential (TWIC) application process be reformed by not 

9 later than the end of 2012, when hundreds of thousands of 

10 current TWIC holders will begin to face the requirement 

11 to renew their TWICs. 

12 (b) TWIC APPLICATION REFORM.—Not later than 90 

13 days after the date of the enactment of this Act, the Sec14 retary shall reform the process for the enrollment, activa15 tion, issuance, and renewal of a TWIC to require, in total, 

16 not more than one in-person visit to a designated enroll17 ment center except in cases in which there are extenuating 

18 circumstances, as determined by the Secretary, requiring 

19 more than one such in-person visit. 

20 SEC. 907. REPORT ON PROGRESS TOWARD CONDUCTING SE21 CURITY VULNERABILITY ASSESSMENTS AT 

22 AIRPORTS IN THE UNITED STATES. 

23 (a) FINDINGS.—The Congress finds the following: 

24 (1) According to a July 2011 interview with the 

25 Government Accountability Office, the Transportation 


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1 Security Authority (TSA) admitted to not having 

2 conducted security vulnerability assessments at 83 

3 percent of airports in the United States. This figure 

4 increased from 87 percent in 2009, but shows little 

5 progress on the matter and leaves airport perimeters 

6 throughout the United States vulnerable to security 

7 breaches. 

8 (2) TSA identified security vulnerability assess9 ments, along with professional judgment, as TSA’s 

10 primary mechanism for assessing airport security 

11 vulnerabilities in accordance with National Infra12 structure Protection Plan requirements. 

13 (3) The Federal Government reports that between 

14 1996 and November 2010, there have been 86 stow15 aways involving 76 flights, of which 68 were fatal 

16 and 18 survived. 

17 (4) In November 2011, Delvonte Tisdale stowed 

18 away on a commercial jet at the Charlotte-Douglas 

19 International Airport in Charlotte, North Carolina, 

20 and fell out of the aircraft as it neared Boston’s 

21 Logan Airport. To this day, no comprehensive rea22 soning has been provided as to how Mr. Tisdale was 

23 able to stow away in the wheel well of the aircraft. 

24 (b) REPORT.— 


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1 (1) No later than 180 days after the date of en2 actment of this Act, the Secretary shall issue a report 

3 to Congress and the appropriate congressional com4 mittees, detailing TSA’s progress toward conducting 

5 security vulnerability assessments at 100 percent of 

6 airports in the United States. The report shall detail 

7 the reasoning behind why TSA has currently con8 ducted these assessments at only 17 percent of air9 ports nationwide and how it will bring this figure up 

10 to 100 percent in the next two years. 

11 (2) The report shall include steps taken to in12 crease perimeter security since the incident involving 

13 Delvonte Tisdale in November 2010. 

14 (3) The report shall include a thorough expla15 nation of the conclusions reached by TSA during the 

16 Tisdale investigation. 

17 SEC. 908. REGULATION OF THE SALE AND TRANSFER OF 

18 AMMONIUM NITRATE. 

19 Section 899B (6 U.S.C. 488a) is amended— 

20 (1) in subsection (a), by inserting ‘‘of ownership 

21 rights’’ after ‘‘sale and transfer’’ and inserting ‘‘and 

22 transfer of possession to entities that provide applica23 tion services for ammonium nitrate’’ after ‘‘ammo24 nium nitrate facility’’; 


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1 (2) by redesignating subsections (f) through (i) 

2 as subsections (g) through (j), respectively; and 

3 (3) by inserting after subsection (e) the following 

4 new subsection (f): 

5 ‘‘(f) EXEMPTION FOR TRANSPORTATION PROVIDERS.— 

6 The Secretary shall exempt from this subtitle persons en7 gaged in transportation activities covered by chapter 51 or 

8 section 114(d) of title 49, United States Code, who, in the 

9 determination of the Secretary, do no pose a security threat 

10 to homeland security based on existing security programs.’’. 

11 SEC. 909. SENSE OF CONGRESS ON INCLUSION OF THE 

12 WESTERN HEMISPHERE IN THE 2012 NA13 TIONAL STRATEGY FOR COUNTERTERROR14 ISM’S ‘‘AREA OF FOCUS’’. 

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

16 (1) A 2009 Department of State Country Report 

17 on Terrorism found that Hezbollah is the most tech18 nically capable terrorist group in the world with 

19 thousands of supporters, several thousand members, 

20 and a few hundred terrorist operatives. 

21 (2) Officials from the Iranian Islamic Revolu22 tionary Guard Corps’ (IRGC) Qods Force have been 

23 working in concert with Iran’s chief global terrorist 

24 proxy, Lebanese Hezbollah, since the 1990s, and they 

25 have developed networks in the Western Hemisphere 


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1 that encompass more than 80 operatives in at least 

2 12 countries throughout the region. 

3 (3) Hezbollah’s chief sponsors, Iran and Syria, 

4 have been forging relationships with the governments 

5 in Latin America to achieve state cover and effective 

6 immunity for their activities, and Hezbollah has es7 tablished a working relationship with the Revolu8 tionary Armed Forces of Colombia (FARC) in arms 

9 and drug trafficking. 

10 (4) Hezbollah has demonstrated its ability to co11 operate with Mexican drug cartels to utilize smug12 gling techniques and routes in order to bring drugs 

13 and people into the United States. Sophisticated 

14 narco-tunneling resembling the types used by 

15 Hezbollah in Lebanon have been found along the 

16 United States-Mexican border, and arrested Mexican 

17 gang members entering the United States with Farsi 

18 tattoos also support a Hezbollah influence. 

19 (b) SENSE OF CONGRESS.—It is the sense of Congress 

20 there exists a significant cause for concern and for further 

21 investigation of potential counterterrorism threats to the 

22 United States from Iran’s growing presence and influence 

23 in the Western Hemisphere. The Secretary of Homeland Se24 curity, in coordination with other related agencies, should 

25 include the Western Hemisphere in the 2012 National 


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1 Strategy for Counterterrorism’s ‘‘Area of Focus’’, with spe2 cific attention on the counterterrorism threat to the home3 land emanating from Iran’s growing presence and influence 

4 in the Western Hemisphere. 


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Union Calendar No. 520 

112TH CONGRESS 

2D SESSION H. R. 3116 

[Report No. 112–717, Part I] 

A BILL 

To authorize certain programs of the Department 

of Homeland Security, and for other purposes. 

DECEMBER 21, 2012 

The Committees on Energy and Commerce, Science, 

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