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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3116 Reported in House (RH)]

                                                 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]

                           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.

 

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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

              TITLE I--POLICY, MANAGEMENT, AND EFFICIENCY

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

      TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION POLICY

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

        TITLE III--INFORMATION SHARING AND INTELLIGENCE ANALYSIS

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

                    TITLE IV--9/11 REVIEW COMMISSION

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

                   TITLE V--PREPAREDNESS AND RESPONSE

               Subtitle A--WMD Preparedness and Response

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

                           Subtitle B--Grants

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

                       Subtitle C--Communications

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

               Subtitle D--Broadband for First Responders

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

                  Subtitle E--Miscellaneous Provisions

Sec. 581. Audit of the National Level Exercise.
Sec. 582. FEMA report to Congress on sourcing and distribution of 
                            disaster response goods and services.
Sec. 583. Rural resilience initiative.
Sec. 584. National Domestic Preparedness Consortium.
Sec. 585. Technical correction.
Sec. 586. Certification that disaster fund recipients subject to 
                            recoupment receive a notice of debt and 
                            opportunity to appeal before debt is 
                            forwarded to Department of the Treasury.
Sec. 587. Conforming amendment.
Sec. 588. Delegation of authorities to the regional offices review.
Sec. 589. Lessons learned for national level exercises.
Sec. 590. System assessment and validation for emergency responders.
Sec. 591. National Transportation Security Center of Excellence.
Sec. 592. Mental health counseling for disaster victims.
Sec. 593. Effectiveness of certain disaster preparation.

                  TITLE VI--BORDER SECURITY PROVISIONS

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

                   TITLE VII--SCIENCE AND TECHNOLOGY

           Subtitle A--Directorate of Science and Technology

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

             Subtitle B--Domestic Nuclear Detection Office

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

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

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

                        TITLE IX--MISCELLANEOUS

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

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate, and any committee of the House of Representatives or 
        the Senate having legislative or oversight jurisdiction under 
        the Rules of the House of Representatives or the Senate, 
        respectively, over the matter concerned.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Function.--The term ``function'' includes authorities, 
        powers, rights, privileges, immunities, programs, projects, 
        activities, duties, and responsibilities.
            (4) Local government.--The term ``local government'' 
        means--
                    (A) a county, municipality, city, town, township, 
                local public authority, school district, special 
                district, intrastate district, council of governments 
                (regardless of whether the council of governments is 
                incorporated as a nonprofit corporation under State 
                law), regional or interstate government entity, or 
                agency or instrumentality of a local government;
                    (B) an Indian tribe or authorized tribal 
                organization, or in Alaska a Native village or Alaska 
                Regional Native Corporation; and
                    (C) a rural community, unincorporated town or 
                village, or other public entity.
            (5) Personnel.--The term ``personnel'' means officers and 
        employees.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (7) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the United States Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, and 
        any possession of the United States.
            (8) Terrorism.--The term ``terrorism'' means any activity 
        that--
                    (A) involves an act that--
                            (i) is dangerous to human life or 
                        potentially destructive of critical 
                        infrastructure or key resources; and
                            (ii) is a violation of the criminal laws of 
                        the United States or of any State or other 
                        subdivision of the United States; and
                    (B) appears to be intended--
                            (i) to intimidate or coerce a civilian 
                        population;
                            (ii) to influence the policy of a 
                        government by intimidation or coercion; or
                            (iii) to affect the conduct of a government 
                        by mass destruction, assassination, or 
                        kidnapping.
            (9) United states.--
                    (A) In general.--The term ``United States'', when 
                used in a geographic sense, means any State of the 
                United States, the District of Columbia, the 
                Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
                American Samoa, the Commonwealth of the Northern 
                Mariana Islands, any possession of the United States, 
                and any waters within the jurisdiction of the United 
                States.
                    (B) INA not affected.--Nothing in this paragraph or 
                any other provision of this Act shall be construed to 
                modify the definition of ``United States'' for the 
                purposes of the Immigration and Nationality Act or any 
                other immigration or nationality law.

SEC. 4. AMENDMENT REFERENCES.

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

              TITLE I--POLICY, MANAGEMENT, AND EFFICIENCY

SEC. 101. UNDER SECRETARY FOR POLICY.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by--
            (1) redesignating section 601 (6 U.S.C. 331) as section 
        890A and transferring that section to appear immediately after 
        section 890; and
            (2) striking the heading for title VI and inserting the 
        following:

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

``SEC. 601. UNDER SECRETARY FOR POLICY.

    ``(a) In General.--There shall be in the Department an Under 
Secretary for Policy, who shall be appointed by the President, by and 
with the advice and consent of the Senate.
    ``(b) Responsibilities.--Subject to the direction and control of 
the Secretary, the Under Secretary for Policy shall--
            ``(1) serve as a principal policy advisor to the Secretary;
            ``(2) supervise policy development for the programs, 
        offices, and activities of the Department;
            ``(3) establish and direct a formal policymaking process 
        for the Department;
            ``(4) ensure that the budget of the Department can fulfill 
        the Department's statutory and regulatory responsibilities and 
        implement strategic plans and policies established by the 
        Secretary in a risk-based manner;
            ``(5) conduct long-range, risk-based, strategic planning 
        for the Department, including overseeing each quadrennial 
        homeland security review required under section 707;
            ``(6) coordinate policy development undertaken by the 
        component agencies and offices of the Department; and
            ``(7) carry out such other functions as the Secretary 
        determines are appropriate, consistent with this section.''.
    (b) Clerical Amendments.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
striking the items relating to title VI and inserting the following:

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

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

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

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall designate an official of the 
Department to coordinate efforts to counter homegrown violent Islamist 
extremism, including the violent ideology of Al Qaeda and its 
affiliated groups, in the United States.
    (b) Notice.--Not later than 15 days after the date on which the 
Secretary designates an official under subsection (a), the Secretary 
shall submit to the appropriate congressional committees a written 
notification of the designation.
    (c) Report.--Not later than 90 days after the date on which the 
Secretary designates an official under subsection (a), the official 
designated shall submit to the appropriate congressional committees a 
report detailing--
            (1) the strategy and activities of the Department to 
        counter homegrown violent Islamist extremism;
            (2) the division of responsibilities within the Department 
        for countering homegrown violent Islamist extremism, including 
        the violent ideology of Al Qaeda and its affiliated groups;
            (3) the strategy of the Department to monitor open source 
        messaging that incite violence, including Internet websites 
        that disseminate videos, graphics, text calling for violent 
        activities, and to provide counter-messaging to that messaging;
            (4) the number of employees of the Department and the 
        amount of funding dedicated by the Department to countering 
        homegrown violent Islamist extremism, including the violent 
        ideology of Al Qaeda and its affiliated groups;
            (5) the type of Department-sponsored activities and 
        training for States and local governments, including products 
        and activities associated with State and major urban area 
        fusion centers, for countering homegrown violent Islamist 
        extremism; and
            (6) the metrics used to measure the effectiveness of 
        programs or activities of the Department aimed to counter 
        homegrown violent Islamist extremism, including the violent 
        ideology of Al Qaeda and its affiliated groups.

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

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

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

    ``(a) In General.--The Department's Chief Operating Officers shall 
include--
            ``(1) the Chief Financial Officer;
            ``(2) the Chief Procurement Officer;
            ``(3) the Chief Information Officer;
            ``(4) the Chief Human Capital Officer;
            ``(5) the Chief Administrative Officer; and
            ``(6) the Chief Security Officer.
    ``(b) Delegation.--Subject to the direction and control of the 
Secretary, the Chief Operating Officers shall have direct authority 
over their respective counterparts in the components of the Department 
to ensure that the components comply with the laws, rules, regulations, 
and departmental policies the Chief Operating Officers are responsible 
for implementing. In coordination with the head of the relevant 
component, such authorities shall include, with respect to the 
Officer's counterparts within components of the Department, direction 
of--
            ``(1) the activities of personnel;
            ``(2) planning, operations, and training; and
            ``(3) the budget and other financial resources.
    ``(c) Coordination With Heads of Agencies.--The chief operating 
officers of components of the Department shall coordinate with the 
heads of their respective agencies while fulfilling their 
responsibilities under subsection (b) to report directly to the Chief 
Operating Officers.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further 
amended by inserting after the item relating to section 601, as added 
by section 101 of this Act, the following:

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

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

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

``SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS.

    ``(a) Establishment.--There is established within the Department an 
Office of International Affairs. The Office shall be headed by the 
Assistant Secretary for International Affairs, who shall be appointed 
by the President, by and with the advice and consent of the Senate.
    ``(b) Responsibilities of the Assistant Secretary.--The Assistant 
Secretary for International Affairs shall--
            ``(1) coordinate international functions within the 
        Department, including functions carried out by the components 
        of the Department, in consultation with other Federal officials 
        with responsibility for counterterrorism and homeland security 
        matters;
            ``(2) advise, inform, and assist the Secretary, in 
        consultation with overseas Department personnel, on strategies, 
        foreign policy matters, and Department international programs;
            ``(3) develop, in consultation with the Under Secretary for 
        Management, for selecting, assigning, training, and monitoring 
        overseas deployments of Department personnel, including minimum 
        standards for predeployment training;
            ``(4) develop and update, in coordination with all 
        components of the Department engaged in international 
        activities, a strategic plan for the international activities 
        of the Department and establish a process for managing its 
        implementation and monitor the ability of Department's 
        components to comply with implementation;
            ``(5) develop and distribute guidance on Department policy 
        priorities for overseas functions to personnel deployed 
        overseas that, at a minimum, sets forth the regional and 
        national priorities being advanced by their deployment;
            ``(6) maintain awareness regarding the international travel 
        of senior officers of the Department, as well as their intent 
        to pursue negotiations with foreign government officials and 
        reviewing resulting draft agreements;
            ``(7) develop, in consultation with the components and, 
        where appropriate, with the Science and Technology Directorate, 
        programs to support the overseas programs conducted by the 
        Department, including training, technical assistance, and 
        equipment to ensure that Department personnel deployed abroad 
        have proper resources and receive adequate and timely support;
            ``(8) conduct exchange of homeland security information and 
        best practices relating to homeland security with foreign 
        nations that, in the determination of the Secretary, 
        reciprocate the sharing of such information in a substantially 
        similar manner;
            ``(9) ensure that internationally deployed Department 
        personnel have access to, as appropriate for the requirements 
        of their duties, Department systems with the capability of 
        sending and receiving cables or other messages; and
            ``(10) submit information to the Under Secretary of Policy 
        for oversight and purposes, including preparation of the 
        quadrennial homeland security review, on the status of overseas 
        activities, including training and technical assistance and 
        information exchange activities, and the Department's resources 
        dedicated to these activities.
    ``(c) Responsibilities of the Components of the Department.--
            ``(1) Notice of foreign negotiations.--All components of 
        the Department shall coordinate with the Office of 
        International Affairs of the intent of the component to pursue 
        negotiations with foreign governments to ensure consistency 
        with the Department's policy priorities.
            ``(2) Notice of international travel by senior officers.--
        All components of the Departments shall notify the Office of 
        International Affairs about the international travel of senior 
        officers of the Department.
    ``(d) Inventory of Assets Deployed Abroad.--The Office of 
International Affairs shall provide to the appropriate congressional 
committees, with the annual budget request for the Department, an 
annual accounting of all assets of the Department, including personnel, 
deployed outside the United States on behalf of the Department.
    ``(e) Exclusions.--This section does not apply to international 
activities related to the protective mission of the United States 
Secret Service, or to the Coast Guard when operating under the direct 
authority of the Secretary of Defense or the Secretary of the Navy.''.

SEC. 105. ASSISTANT SECRETARY FOR HEALTH AFFAIRS.

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

SEC. 106. DEPARTMENT OF HOMELAND SECURITY REORGANIZATION AUTHORITY.

    Section 872 of the Homeland Security Act of 2002 (6 U.S.C. 452) is 
amended--
            (1) in subsection (a), by striking ``only'' and all that 
        follows through ``(2) after'' and inserting ``only after''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Limitations on Other Reorganization Authority.--
            ``(1) In general.--Authority under subsection (a) shall not 
        extend to the discontinuance, abolition, substantial 
        consolidation, alteration, or transfer of any agency, entity, 
        organizational unit, program, or function established or 
        required to be maintained by statute.
            ``(2) Exception.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                if the President determines it to be necessary because 
                of an imminent threat to homeland security, a function, 
                power, or duty vested by law in the Department, or an 
                officer, official, or agency thereof, may be 
                transferred, reassigned, or consolidated within the 
                Department.
                    ``(B) Notice.--Not later than 30 days after the 
                date on which the President makes a transfer, 
                reassignment, or consolidation under subparagraph (A), 
                the President shall notify the appropriate 
                congressional committees of the transfer, reassignment, 
                or consolidation.
                    ``(C) Duration.--A transfer, reassignment, or 
                consolidation under subparagraph (A) shall remain in 
                effect only until the President determines that the 
                threat to homeland security has terminated or is no 
                longer imminent.
    ``(c) Publication.--Not later than 30 days after the date on which 
the President or the Secretary makes a transfer, allocation, 
assignment, consolidation, alteration, establishment, or discontinuance 
under this section, the President or the Secretary shall publish in the 
Federal Register--
            ``(1) the reasons for the action taken; and
            ``(2) a list of each statutory provision implicated by the 
        action.
    ``(d) Submittal of Notification to Congress.--No reorganization, 
realignment, consolidation, or other significant organizational change 
to a component, directorate, or agency of the Department, may take 
effect before the appropriate congressional committees receive 
information from the Secretary to support the determination that such 
reorganization, realignment, consolidation, or other significant 
organizational change will enhance the component, directorate, or 
office's efficiency, operational capabilities, or capacity, balance the 
numbers of Federal workers in accordance with the balanced workforce 
strategy, and result in administrative cost saving.''.

SEC. 107. REPEAL OF OFFICE OF DOMESTIC PREPAREDNESS.

    (a) Termination.--Title IV of the Homeland Security Act of 2002 is 
amended by striking section 430 (6 U.S.C. 238).
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by 
striking the item relating to section 430.

SEC. 108. QUADRENNIAL HOMELAND SECURITY REVIEW.

    (a) In General.--Section 707 of the Homeland Security Act of 2002 
(6 U.S.C. 347) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``fiscal year 
                2009'' and inserting ``calendar year 2013''; and
                    (B) in paragraph (3), by striking ``The Secretary 
                shall conduct each quadrennial homeland security review 
                under this subsection'' and inserting ``In order to 
                ensure that each quadrennial homeland security review 
                conducted under this section is coordinated with the 
                quadrennial defense review conducted by the Secretary 
                of Defense under section 118 of title 10, United States 
                Code, and any other major strategic review relating to 
                diplomacy, intelligence, or other national security 
                issues, the Secretary shall conduct each quadrennial 
                homeland security review''; and
            (2) by striking subsections (b), (c), and (d) and inserting 
        the following:
    ``(b) Scope of Review and Report.--
            ``(1) In general.--In each quadrennial homeland security 
        review, the Secretary shall--
                    ``(A) examine the homeland security aspects of the 
                security environment of the Nation, including existing 
                and potential homeland security threats and challenges, 
                and the effect of laws, Presidential directives, 
                national strategies, and other relevant guidance 
                documents in meeting existing and potential homeland 
                security threats and challenges;
                    ``(B) review the capabilities and capacities across 
                the homeland security enterprise, and the roles of 
                executive agencies, States, local governments, Indian 
                tribes, and private entities in providing those 
                capabilities and capacities;
                    ``(C) evaluate and prioritize the homeland security 
                mission areas of the Nation and associated goals and 
                objectives, and recommend any necessary revisions to 
                the mission areas, goals, and objectives as 
                appropriate;
                    ``(D) examine whether the capabilities and 
                capacities across the homeland security enterprise 
                should be adjusted based on any proposed modifications 
                to the mission areas, goals, or objectives;
                    ``(E) identify additional capabilities and 
                capacities that may be needed across the homeland 
                security enterprise in response to potential homeland 
                security threats and challenges, and the resources 
                required to provide the capabilities and capacities;
                    ``(F) identify redundant, wasteful, or unnecessary 
                capabilities and capacities where resources can be 
                redirected to support capabilities and capacities 
                identified under subparagraph (E);
                    ``(G) evaluate the organization, organizational 
                structure, governance structure, and business processes 
                (including acquisition processes) of the Department, as 
                they relate to the ability of the Department to meet 
                the responsibilities of the Department; and
                    ``(H) review any other matter the Secretary 
                considers appropriate.
            ``(2) Report.--During the year following the year in which 
        a quadrennial homeland security review is conducted, and not 
        later than the date on which the budget of the President for 
        the next fiscal year is submitted to Congress under section 
        1105(a) of title 31, United States Code, the Secretary shall--
                    ``(A) submit to the appropriate congressional 
                committees a report--
                            ``(i) describing the process used in 
                        conducting the quadrennial homeland security 
                        review and explaining any underlying 
                        assumptions used in conducting the quadrennial 
                        homeland security review;
                            ``(ii) describing the findings and 
                        conclusions of the review, including findings 
                        and conclusions relating to each issue 
                        addressed under subparagraphs (A) through (H) 
                        of paragraph (1);
                            ``(iii) detailing any proposed revisions to 
                        the national homeland security strategy, 
                        including any proposed revisions to the 
                        homeland security missions, capabilities and 
                        capacities, goals, or objectives of the Nation;
                            ``(iv) detailing how the conclusions under 
                        the quadrennial homeland security review will 
                        inform efforts to develop capabilities and 
                        build capacity of States, local governments, 
                        Indian tribes, and private entities, and of 
                        individuals, families, and communities;
                            ``(v) providing proposed changes to the 
                        authorities, organization, governance 
                        structure, or business processes (including 
                        acquisition processes) of the Department in 
                        order to better fulfill the responsibilities of 
                        the Department; and
                            ``(vi) describing any other matter the 
                        Secretary considers appropriate; and
                    ``(B) consistent with the protection of national 
                security and other sensitive matters, make the report 
                required under subparagraph (A) publicly available on 
                the website of the Department; and
                    ``(C) where appropriate, the Secretary may include 
                as an annex to the report materials prepared pursuant 
                to section 306 of title 5, relating to the preparation 
                of an agency strategic plan, to satisfy, in whole or in 
                part, the reporting requirements of this paragraph.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by striking the item relating to section 707 and 
inserting the following:

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

SEC. 109. DEVELOPMENT OF EXPLOSIVES DETECTION CANINE STANDARDS.

    (a) In General.--Section 1307(c) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1116(c)) 
is amended to read as follows:
    ``(c) Explosives Detection Canine Accreditation and Minimum 
Certification Standards.--
            ``(1) In general.--To assist in the Department's 
        counterterrorism mission, the Secretary shall--
                    ``(A) issue mission-specific accreditation and 
                minimum certification standards for all explosives 
                detection canines, and their handlers, that are used or 
                funded by the Department; and
                    ``(B) ensure that all explosives detection canines 
                used or funded by the Department, and their handlers, 
                are trained by persons who have met those accreditation 
                standards and utilize such minimum certification 
                standards.
            ``(2) Included canines and handlers.--The canines and 
        handlers referred to in paragraph (1) include--
                    ``(A) canines that are not bred by the Department;
                    ``(B) canines and handlers that are not trained by 
                the Department; and
                    ``(C) canine and handlers that are obtained by the 
                Department by contract, or funded by the Department by 
                grant or otherwise.
            ``(3) Recommendations.--
                    ``(A) Panel.--The Secretary shall convene a panel 
                that will develop recommendations for the accreditation 
                and minimum certification standards under this 
                subsection, which shall consist of canine training 
                subject matter experts, including representatives from 
                the private sector and academia, as designated by the 
                Secretary.
                    ``(B) Recommendations.--The recommendations shall 
                consist of a multitier set of standards designed to 
                provide minimum accreditation and certification 
                standards, as well as a higher level of standards based 
                on mission-critical objectives of the components that 
                use explosives detection canines. The standards shall 
                address both initial and recurrent training and 
                certification.
                    ``(C) Review and revision.--After provision of the 
                recommendations, the panel shall meet no less than 
                biennially to review and revise the recommendations.
            ``(4) Authorization of appropriations.--To carry out this 
        subsection there is authorized to be appropriated $300,000 for 
        fiscal year 2012.''.
    (b) Deadline for Standards.--The Secretary of Homeland Security 
shall issue accreditation and minimum certification standards under the 
amendment made by subsection (a) by not later than 180 days after the 
date of enactment of this Act.

SEC. 110. DEVELOPMENT OF A BALANCED WORKFORCE.

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

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

    Section 151 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 5 U.S.C. 5928 note) is amended 
by striking ``Drug Enforcement Administration or Federal Bureau of 
Investigations'' and inserting ``Drug Enforcement Administration, 
Federal Bureau of Investigation, or the Department of Homeland 
Security''.

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

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

SEC. 113. FUTURE-YEARS HOMELAND SECURITY PROGRAM.

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

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

    ``(a) In General.--Not later than the 30 days following the date of 
each fiscal year on which the budget of the President is submitted to 
Congress under section 1105(a) of title 31, United States Code, the 
Secretary shall submit to the appropriate congressional committees a 
future-years homeland security program that provides detailed estimates 
of the projected expenditures and corresponding requests for 
appropriations included in that budget. The future-years homeland 
security program shall cover the fiscal year for which the budget is 
submitted as well as the four succeeding fiscal years.
    ``(b) Consistency of Budget Request With Estimates of Necessary 
Expenditures and Appropriations.--For each fiscal year, the Secretary 
shall endeavor to ensure that the projected amounts specified in 
program and budget information submitted to Congress in support of the 
President's budget request are consistent with the estimates for 
expenditures and proposed appropriations necessary to support the 
programs, projects, and activities of the Department included in the 
budget pursuant to section 1105(a) (5) of title 31, United States Code.
    ``(c) Explanation of Alignment With Strategies and Plans.--Together 
with the detailed estimates of the projected expenditures and 
corresponding requests for appropriations submitted for the future 
years homeland security program, the Secretary shall provide an 
explanation of how those estimates and requests align with the homeland 
security strategies and plans developed and updated as appropriate by 
the Secretary.
    ``(d) Projection of Acquisition Estimates.--Each futures year 
homeland security funding program shall project acquisition estimates 
for a period of 5 fiscal years, with specified estimates for each 
fiscal year, for all technology acquisitions within the Department and 
each component therein, including refresh and sustainment expenses, as 
well as the annual deployment schedule of any acquisition with a total 
cost over the 5-fiscal-year period estimated to exceed $50,000,000.
    ``(e) Contingency Amounts.--Nothing in this section shall be 
construed as prohibiting the inclusion in the future-years homeland 
security program of amounts for management contingencies, subject to 
the requirements of subsection (b).
    ``(f) Availability of Information to the Public.--The Secretary 
shall make available to the public in electronic form the information 
required to be submitted to Congress under this section, except those 
portions that are deemed to be classified in nature under the 
parameters of section 537 of the Department of Homeland Security 
Appropriations Act, 2006 (6 U.S.C. 114).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by striking the item relating to such section and 
inserting the following:

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

SEC. 114. COST OF SUBMISSIONS TO CONGRESS.

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

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

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

SEC. 116. OFFICE OF POLICY.

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

``SEC. 603. OFFICE OF POLICY.

    ``(a) Establishment.--There is established in the Department the 
Office of Policy, to be headed by the Under Secretary for Policy as 
authorized under the Department of Homeland Security Authorization Act 
for Fiscal Year 2012.
    ``(b) Functions of the Office of Policy.--The Office of Policy 
shall--
            ``(1) develop Department policies, programs, and planning, 
        consistent with the quadrennial homeland security review, to 
        promote and ensure quality, consistency, and integration for 
        the programs, offices, and activities of the Department across 
        all homeland security missions;
            ``(2) develop and articulate the long-term strategic view 
        of the Department and translate the Secretary's strategic 
        priorities into capstone planning products that drive increased 
        operational effectiveness through integration, prioritization, 
        and resource allocation;
            ``(3) lead Departmental international engagement and 
        activities;
            ``(4) represent the Department position to other Federal 
        Agencies and the President; and
            ``(5) coordinate with policy officials in Departmental 
        components to ensure the effective and efficient implementation 
        of policy.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further 
amended by inserting after the item relating to section 602 the 
following:

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

SEC. 117. FEDERAL VACANCY COMPLIANCE.

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

SEC. 118. ELECTRONIC SUBMISSIONS.

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

SEC. 119. CHIEF INFORMATION OFFICER.

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

SEC. 120. COST SAVINGS AND EFFICIENCY REVIEWS.

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

      TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION POLICY

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

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

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

    ``(a) In General.--The Secretary shall review the proposed 
acquisitions and procurements by the Department.
    ``(b) Purpose.--The review under subsection (a) shall inform the 
Department's investment decisions, evaluate lifecycles of procurements, 
strengthen acquisition oversight, and improve resource management in a 
risk-based manner.
    ``(c) Acquisition Review Board.--
            ``(1) Establishment.--The Secretary shall establish an 
        Acquisition Review Board for the purpose of carrying out the 
        review of proposed acquisitions and procurements required under 
        subsection (a).
            ``(2) Membership.--The Secretary shall designate 
        appropriate officers from throughout the Department to serve on 
        the Acquisition Review Board, including an appointee to serve 
        as chair of the Board.
            ``(3) Subordinate boards and councils.--The Secretary may 
        establish subordinate boards and councils to support the 
        Acquisition Review Board.
    ``(d) Investment Thresholds.--The Secretary may establish 
materiality thresholds for the review of investments by the Acquisition 
Review Board or any subordinate board or council.
    ``(e) SAFETY Act.--The Acquisition Review Board shall identify 
proposed investments and acquisitions across the Department that should 
utilize the pre-qualification designation notice, the block 
designation, or the block certification processes available under 
subtitle G of title VIII, and provide its findings to the Under 
Secretary for Management, the Under Secretary for Science and 
Technology, and the relevant acquisition authority for implementation.
    ``(f) Reporting Requirement.--The Secretary shall submit to the 
appropriate congressional committees an annual report, broken down on a 
quarterly basis, on the activities of the Acquisition Review Board, 
including detailed descriptions of and statistics on programs and 
activities reviewed by the Acquisition Review Board.''.
    (b) Initial Report.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall submit 
a report to the appropriate congressional committees on the processes 
and protocols implemented to carry out the review required under the 
amendment made by subsection (a).
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
adding at the end of the items relating to title VII the following:

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

SEC. 202. CAPABILITIES AND REQUIREMENTS COUNCIL.

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

``SEC. 709. CAPABILITIES AND REQUIREMENTS COUNCIL.

    ``(a) Establishment.--There is established a Capabilities and 
Requirements Council in the Department.
    ``(b) Mission.--The Capabilities and Requirements Council shall 
provide recommendations and assistance to the Secretary for the 
following:
            ``(1) Identifying, assessing, and approving homeland 
        security investments and acquisition requirements, including 
        investments in and requirements for existing programs, systems, 
        and equipment, to meet homeland security strategic goals and 
        objectives.
            ``(2) Harmonizing common investments and requirements 
        across Department organizational elements.
            ``(3) Reviewing the mission need associated with each 
        proposed investment or acquisition requirement identified under 
        paragraph (1).
            ``(4) Reviewing major investments across the Department to 
        ensure consistency with homeland security strategic goals and 
        objectives.
            ``(5) Ensuring the use of cost-benefit analyses, giving 
        consideration to factors such as cost, schedule, performance, 
        risk, and operational efficiency, in order to determine the 
        most viable homeland security investments or acquisition 
        requirements identified under paragraph (1).
            ``(6) Establishing and assigning priority levels for the 
        homeland security investments and requirements identified under 
        paragraph (1), in consultation with advisors to the Council 
        engaged under subsection (d).
            ``(7) Reviewing the estimated level of resources required 
        to fulfill the homeland security requirements identified under 
        paragraph (1) and to ensure that such resource level is 
        consistent with the level of priority assigned to such 
        requirement.
            ``(8) Proposing schedules for delivery of the operational 
        capability needed to meet each homeland security requirement 
        identified under paragraph (1).
            ``(9) Identifying alternatives to any acquisition program 
        that meet homeland security requirements identified under 
        paragraph (1).
            ``(10) Providing recommendations to the Acquisition Review 
        Board established under section 708.
            ``(11) Performing any other duties established by the 
        Secretary.
    ``(c) Composition.--The Capabilities and Requirements Council is 
composed of--
            ``(1) the Under Secretary for Management of the Department, 
        who shall act as the Chairman of the Council; and
            ``(2) appropriate representatives from the components and 
        organizational elements of the Department, as determined by the 
        Secretary.
    ``(d) Advisors.--The Council shall seek and consider input from 
members of Federal, State, local, and tribal governments, and the 
private sector, as appropriate, on matters within their authority and 
expertise in carrying out its mission under subsection (b).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to title VII the following:

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

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

    (a) In General.--Section 701 of the Homeland Security Act of 2002 
(6 U.S.C. 341) is amended--
            (1) in subsection (a)(2), by striking ``Procurement'' and 
        inserting ``Acquisition, as provided in subsection (d)''; and
            (2) by adding at the end the following:
    ``(d) Acquisition and Related Responsibilities.--
            ``(1) In general.--The Under Secretary for Management shall 
        act as the senior acquisition officer for the Department and 
        shall administer functions relating to acquisition, including--
                    ``(A) supervising the management of Department 
                acquisition activities and acquisition programs, 
                evaluating the performance of those activities and 
                programs, and advising the Secretary regarding the 
                appropriate risk-based acquisition strategy to achieve 
                the mission of the Department;
                    ``(B) directing all of the Department's components 
                with regard to the Under Secretary's responsibility 
                under this subsection;
                    ``(C) establishing policies for acquisition that 
                implement a risk-based approach, as appropriate, 
                including investment review, program management, 
                procurement of goods and services, research and 
                development, and contract administration, for all 
                components of the Department;
                    ``(D) establishing policies for logistics, 
                maintenance, and sustainment support for all components 
                of the Department;
                    ``(E) ensuring the procurement activities of the 
                Department's components consider the applicability of 
                the SAFETY Act in accordance with the procedures in the 
                Federal Acquisition Regulations Subpart 50.205; and
                    ``(F) prescribing policies to ensure that audit and 
                oversight of contractor activities are coordinated and 
                carried out in a risk-based manner that prevents 
                redundancies among the different components of the 
                Department.
            ``(2) Under secretary for science and technology.--Nothing 
        in this subsection shall diminish or otherwise affect the 
        authority granted to the Under Secretary for Science and 
        Technology under this Act. The Under Secretary for Management 
        and the Under Secretary for Science and Technology shall 
        cooperate in matters of mutual interest related to the subjects 
        addressed by this subsection.''.
    (b) Report to Congress.--The Under Secretary for Management shall 
report to Congress within 180 days after the date of the enactment of 
this Act on a comprehensive acquisition management plan for the 
Department, including performance metrics, to--
            (1) improve collaboration, coordination, and awareness of 
        technologies and capabilities across components of the 
        Department, the Federal Government, universities, and the 
        private sector when developing program requirements for 
        acquisitions by the Department;
            (2) evaluate the reasons for modifying program requirements 
        after an award of a contract and analyze the need for 
        modifications and whether modifications would lead to contract 
        cost overruns or time delays;
            (3) ensure regular communication with and support from 
        State and local entities when developing program requirements 
        and modifying program requirements;
            (4) provide increased oversight and management on 
        identified high-risk acquisitions;
            (5) evaluate the turnover rate of program managers and 
        contracting officers throughout a contract and its impact on 
        program requirement modifications, cost overruns, and time 
        delays; and
            (6) evaluate the time it takes between first developing 
        program requirements, through the acquisition review process, 
        up until a contract award is made.

SEC. 204. ACQUISITION PROFESSIONAL CAREER PROGRAM.

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

``SEC. 710. ACQUISITION PROFESSIONAL CAREER PROGRAM.

    ``(a) Establishment.--The Secretary may establish at the Department 
an Acquisition Professional Career Program for the recruitment, 
training, and retention of acquisition professionals for the 
Department.
    ``(b) Program.--The program established under subsection (a) shall 
rotate participants through various headquarters and component 
acquisition and program offices to assure that participants receive 
broad experience and developmental training throughout the Department.
    ``(c) Acquisition Professional.--An acquisition professional shall 
include, but is not limited to, an individual employed by the 
Department as a contract specialist, program manager, or technical 
representative of a contracting office.
    ``(d) Limit.--Subject to appropriations, the Secretary may not hire 
more than 100 participants for the program established under subsection 
(a) in each fiscal year from 2012 to 2015.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such title the following new item:

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

SEC. 205. STRATEGIC PLAN FOR ACQUISITION WORKFORCE.

    (a) Strategic Plan.--Not later than 180 days after the date of 
enactment of this Act, the Chief Procurement Officer and the Chief 
Human Capital Officer of the Department of Homeland Security shall 
submit to the appropriate congressional committees a 5-year strategic 
plan for the acquisition workforce of the Department.
    (b) Elements of Plan.--The plan required under subsection (a) 
shall--
            (1) designate the acquisition positions that will be 
        necessary to support the Department acquisition requirements, 
        including in the fields of--
                    (A) program management;
                    (B) systems planning, research, development, 
                engineering, and testing;
                    (C) procurement, including contracting;
                    (D) industrial property management;
                    (E) logistics;
                    (F) quality control and assurance;
                    (G) manufacturing and production;
                    (H) business, cost estimating, financial 
                management, and auditing;
                    (I) education, training, and career development;
                    (J) construction; and
                    (K) joint projects with other Government agencies 
                and foreign countries;
            (2) identify acquisition workforce needs of each Department 
        component performing acquisition functions and develop a 
        schedule for filling those needs;
            (3) include departmental guidance and risk-based policies 
        on the use of contractors to perform acquisition functions;
            (4) summarize the recruitment, hiring, training, and 
        retention of the workforce identified in paragraph (2); and
            (5) establish goals for achieving integration and 
        consistency with Governmentwide training and accreditation 
        standards, acquisition training tools, and training facilities.
    (c) Other Acquisition Positions.--The Chief Acquisition Officer of 
the Department may, as appropriate, designate as acquisition positions 
those additional positions that perform significant acquisition-related 
functions within that component of the Department.

SEC. 206. NOTIFICATION TO CONGRESS OF MAJOR AWARDS.

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

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

    ``(a) Reporting of Significant Contracts.--The Secretary shall 
notify the appropriate congressional committees at least 3 business 
days prior to--
            ``(1) making a contract award, other transaction agreement, 
        or task and delivery order exceeding $10,000,000; or
            ``(2) announcing the intention to make such an award.
    ``(b) Exception.--If the Secretary determines that compliance with 
this section would pose a substantial risk to homeland security, an 
award may be made without the notification required by subsection (a) 
if the Secretary notifies the appropriate congressional committees by 
not later than 5 business days after such award is made.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such title the following new item:

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

SEC. 207. INDEPENDENT VERIFICATION AND VALIDATION.

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

``SEC. 712. INDEPENDENT VERIFICATION AND VALIDATION.

    ``(a) In General.--The Under Secretary for Management shall 
establish a process to provide for the evaluation of the integrity and 
quality of major acquisitions, to be conducted independently by 
personnel with no involvement or interest in the underlying 
acquisitions.
    ``(b) Requirement for Guidance.--The Under Secretary for Management 
shall create a transparent acquisition process by making available to 
the public written guidance that provides the following:
            ``(1) Criteria for applying and planning independent 
        verification and validation, including appropriate thresholds 
        above which acquisitions may not proceed without independent 
        verification and validation unless authorized to do so by the 
        Acquisition Review Board established under section 708.
            ``(2) Procedures for ensuring the managerial, financial, 
        and technical independence of providers of independent 
        verification and validation.
            ``(3) Methods for integrating independent verification and 
        validation results into program management.
    ``(c) Reporting to Congress.--The annual report required by section 
708(e) shall--
            ``(1) identify any acquisition that is granted initial 
        approval to proceed by the Acquisition Review Board without 
        undergoing the process to establish independent verification 
        and validation required under this section; and
            ``(2) provide an explanation of the decision not to employ 
        independent verification and validation.''.
    (b) Deadline.--The Under Secretary for Management shall establish 
the process required by the amendment made by subsection (a) not later 
than 180 days after the date of the enactment of this Act.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such title the following new item:

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

SEC. 208. OTHER TRANSACTION AUTHORITY.

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

SEC. 209. REPORT ON COMPETITION.

    Not later than 180 days after the date of the enactment of this 
Act, the Inspector General of the Department of Homeland Security shall 
prepare a report analyzing the use of competition in the award of 
contracts by the Department under the requirements of the Competition 
in Contracting Act (41 U.S.C. 3301 et seq.), which shall include--
            (1) for each component of the Department--
                    (A) the total number and dollar value of new 
                contracts for each of the last three full fiscal years 
                for which data is available; and
                    (B) of that total number, the number of contracts 
                that were either--
                            (i) entered into without full and open 
                        competition; or
                            (ii) awarded under competition after 
                        receipt of only one offer;
            (2) a statistical analysis of statutory exceptions used to 
        enter contracts without full and open competition;
            (3) a discussion of the trends in competition in each 
        component of the Department; and
            (4) a comparison of the percentage of contracts awarded 
        under full and open competition by the Department and the 
        percentage of contracts awarded under full and open competition 
        by other Federal departments and agencies.

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

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

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

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

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

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

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

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

    ``Before the development and procurement by the Department of any 
marine or aviation asset or equipment, the Chief Procurement Officer 
for the Department shall coordinate with the chief procurement officers 
of the Department's components, as appropriate--
            ``(1) to identify common mission requirements; and
            ``(2) to the extent practicable, to standardize equipment 
        purchases, streamline the acquisition process, improve 
        efficiencies, and conduct best practices for strategic sourcing 
        that would unify purchasing, address procurement issues, and 
        improve control and oversight of asset purchases.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such title the following:

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

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

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

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

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

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

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

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

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

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

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

SEC. 214. SOFTWARE LICENSING.

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

SEC. 215. FINANCIAL MANAGEMENT.

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

        TITLE III--INFORMATION SHARING AND INTELLIGENCE ANALYSIS

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

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

``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY NATIONAL NETWORK OF FUSION 
              CENTERS INITIATIVE.'';

                    (B) in subsection (a), by striking ``a Department 
                of Homeland Security State, Local, and Regional Fusion 
                Center Initiative to establish partnerships with State, 
                local, and regional fusion centers'' and inserting ``a 
                Department of Homeland Security National Network of 
                Fusion Centers Initiative to establish partnerships 
                with State and major urban area fusion centers'';
                    (C) by amending subsection (b) to read as follows:
    ``(b) Interagency Support and Coordination.--Through the Department 
of Homeland Security National Network of Fusion Centers Initiative, 
principal officials of participating State and major urban area fusion 
centers, and the officers designated as the Homeland Security Advisors 
of the States, the Secretary shall--
            ``(1) coordinate with other Federal departments and 
        agencies to provide operational and intelligence advice and 
        assistance to the National Network of Fusion Centers;
            ``(2) support the integration of State and major urban area 
        fusion centers into the information sharing environment and the 
        National Prevention Framework as required by Presidential 
        Policy Directive 8;
            ``(3) oversee the maturation and sustainment of the 
        National Network of Fusion Centers, including the development 
        of a fusion center performance management program and exercises 
        to assess the capability of individual fusion centers, the 
        statewide fusion process, and the national network;
            ``(4) reduce inefficiencies and maximize the effectiveness 
        of Federal resource support;
            ``(5) develop criteria for designating fusion centers that 
        enables the most effective allocation of Federal resources and 
        aligns with priorities of the Department as determined by the 
        Secretary;
            ``(6) coordinate with the Nationwide Suspicious Activity 
        Reporting Initiative to ensure information within the scope of 
        the information sharing environment created under section 1016 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (6 U.S.C. 485) gathered by the National Network of Fusion 
        Centers is incorporated into the Department's information 
        resources;
            ``(7) provide management guidance and assistance to the 
        National Network of Fusion Centers;
            ``(8) serve as a point of contact for and effective 
        dissemination of information within the scope of such 
        information sharing environment to the National Network of 
        Fusion Centers;
            ``(9) serve as the single point of contact to ensure the 
        close communication and coordination between the National 
        Network of Fusion Centers and the Department;
            ``(10) provide the National Network of Fusion Centers with 
        expertise on Department resources and operations;
            ``(11) coordinate the provision of training and technical 
        assistance to the National Network of Fusion Centers and 
        encourage fusion centers in such Network to participate in 
        terrorism threat-related exercises conducted by the Department;
            ``(12) ensure, to the greatest extent practicable, that 
        support to fusion centers in such network is reflected as a 
        national priority in all applicable grant guidance;
            ``(13) ensure that each fusion center in such network has a 
        privacy policy approved by the Chief Privacy Officer of the 
        Department; and
            ``(14) carry out such other duties as the Secretary 
        determines are appropriate.'';
                    (D) in subsection (c), by striking so much as 
                precedes paragraph (3)(B) and inserting the following:
    ``(c) Resource Allocation.--
            ``(1) Responsibilities of under secretary.--
                    ``(A) In general.--The Under Secretary for 
                Intelligence and Analysis shall--
                            ``(i) lead Department efforts to ensure 
                        fusion centers in the Network are the primary 
                        focal points for the sharing of terrorism-
                        related information with State and local 
                        entities; and
                            ``(ii) ensure that, as appropriate, 
                        operational, programmatic, and administrative 
                        resources, including intelligence officers, 
                        intelligence analysts, reporting officers, and 
                        other liaisons from components of the 
                        Department are provided to qualifying State and 
                        major urban area fusion centers.
                    ``(B) Grant guidance.--The Under Secretary for 
                Intelligence and Analysis shall provide guidance on 
                fusion centers to the Administrator of the Federal 
                Emergency Management Agency in accordance with the 
                memorandum of understanding required under section 
                210F.
            ``(2) Sources of support.--
                    ``(A) In general.--Resources allocated under this 
                subsection to fusion centers in the Network shall be 
                provided by the following Department components and 
                offices, in coordination with the respective component 
                head and in consultation with the principal officials 
                of fusion centers in the Network:
                            ``(i) The Office of Intelligence and 
                        Analysis.
                            ``(ii) The Office of Infrastructure 
                        Protection.
                            ``(iii) The Transportation Security 
                        Administration.
                            ``(iv) U.S. Customs and Border Protection.
                            ``(v) U.S. Immigration and Customs 
                        Enforcement.
                            ``(vi) The Coast Guard.
                            ``(vii) The Privacy Office of the 
                        Department.
                            ``(viii) The Office for Civil Rights and 
                        Civil Liberties of the Department.
                            ``(ix) Other components or offices of the 
                        Department, as determined by the Secretary.
                    ``(B) Coordination with other federal agencies.--
                The Under Secretary for Intelligence and Analysis shall 
                coordinate with appropriate officials throughout the 
                Federal government to ensure the relevant deployment of 
                representatives of other Federal departments and 
                agencies.
            ``(3) Resource allocation criteria.--
                    ``(A) In general.--The Secretary shall make 
                available criteria for allocating resources referred to 
                in paragraph (1)(A)(ii) to any fusion center in the 
                Network.'';
                    (E) in subsection (c)(3)(B), by striking ``and'' 
                after the semicolon at the end of clause (iv), by 
                striking the period at the end of clause (v) and 
                inserting ``; and'', and by adding at the end the 
                following:
                            ``(vi) whether the fusion center has 
                        privacy protections in place that are 
                        determined to be at least as comprehensive as 
                        the Federal information sharing environment 
                        privacy guidelines in effect on the date of the 
                        enactment.'';
                    (F) in subsection (e)--
                            (i) by amending paragraph (1) to read as 
                        follows:
            ``(1) In general.--The Secretary shall make it a priority 
        to allocate resources, including deployed personnel, under this 
        section from U.S. Customs and Border Protection, U.S. 
        Immigration and Customs Enforcement, and the Coast Guard to 
        participating State and major urban area fusion centers located 
        in jurisdictions along land or maritime borders of the United 
        States in order to enhance the integrity of and security at 
        such borders by helping Federal, State, local, and tribal law 
        enforcement authorities to identify, investigate, and otherwise 
        interdict persons, weapons, and related contraband that pose a 
        threat to homeland security.''; and
                            (ii) in paragraph (2), by striking 
                        ``participating State, local, and regional 
                        fusion centers'' and inserting ``participating 
                        State and major urban area fusion centers'';
                    (G) by redesignating subsections (f), (g), (h), 
                (i), (j), and (k) as subsections (g), (h), (i), (j), 
                (k), and (l), respectively, and inserting after 
                subsection (e) the following new subsection:
    ``(f) Mass Transit Intelligence Priority.--
            ``(1) In general.--To the greatest extent practicable, the 
        Secretary shall, under this section, assign personnel with 
        expertise in security of mass transit systems to participating 
        State and major urban area fusion centers located in high-risk 
        jurisdictions with mass transit systems.
            ``(2) Mass transit intelligence products.--In performing 
        the responsibilities under subsection (d), officers and 
        intelligence analysts assigned to fusion centers in the Network 
        shall, as a primary responsibility, create mass transit 
        intelligence products that--
                    ``(A) assist State, local, and tribal law 
                enforcement agencies in detecting and interdicting 
                terrorists, weapons of mass destruction, and related 
                contraband traveling on mass transit systems or 
                targeting mass transit systems;
                    ``(B) promote consistent and timely sharing of mass 
                transit security-relevant information among 
                jurisdictions with mass transit systems; and
                    ``(C) enhance the Department's situational 
                awareness of the threat of acts of terrorism at or 
                involving mass transit systems.
            ``(3) Deconfliction.--In performing the responsibilities 
        under subsection (d), officers and intelligence analysts 
        assigned to fusion centers in the Network shall assist Federal, 
        State, local, and tribal law enforcement authorities overseeing 
        the security of mass transit systems with resolving conflicting 
        threat information provided by Federal Government sources.'';
                    (H) by amending subsection (j), as so redesignated, 
                to read as follows:
    ``(j) Guidelines.--The Secretary, in consultation with the Attorney 
General, shall--
            ``(1) ensure the consistent application of guidance for 
        identifying baseline capabilities and operational standards 
        that must be achieved by a fusion center to participate in the 
        Network; and
            ``(2) ensure that such guidance aligns with and is mutually 
        supportive of the role of fusion centers in the National 
        Prevention Framework.''; and
                    (I) in subsection (l), as so redesignated, by 
                striking ``subsection (i)'' and inserting ``subsection 
                (j)''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by striking the item relating to 
        such section and inserting the following:

``Sec. 210A. Department of Homeland Security National Network of Fusion 
                            Centers Initiative.''.
    (b) Memorandum of Understanding on Fusion Centers.--
            (1) In general.--Subtitle A of title II of the Homeland 
        Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by 
        adding at the end the following:

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

    ``The Administrator of the Federal Emergency Management Agency 
shall enter into a memorandum of understanding with the Under Secretary 
for Intelligence and Analysis that delineates the roles and 
responsibilities of their respective organizations with respect to 
policy and guidance for fusion center-related expenditures with grant 
funds.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end of the items 
        relating to such subtitle the following:

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

SEC. 302. HOMELAND SECURITY INFORMATION SHARING NETWORKS DEVELOPMENT.

    (a) Strategy.--Within 180 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall develop a 
comprehensive strategy for the coordinated development and deployment 
of unclassified, sensitive but unclassified, and classified information 
sharing computer networks of the Department of Homeland Security.
    (b) Plan.--
            (1) In general.--The strategy under subsection (a) shall 
        include a comprehensive plan for the further development, 
        acquisition, and deployment, and continual operations of--
                    (A) the Homeland Security Information Network;
                    (B) the Homeland Secure Data Network; and
                    (C) the Homeland Top Secret Network.
            (2) Contents.--The plan shall include the following:
                    (A) cost estimates for the further development of 
                the networks identified in paragraph (1);
                    (B) development and acquisition schedules;
                    (C) a schedule for the decommissioning the legacy 
                C-LAN system and transition to the Homeland Top Secret 
                Network;
                    (D) a comprehensive list of systems requirements 
                that meet strategic goals and Department-wide 
                operational and analytical mission requirements;
                    (E) a plan for standardizing and properly 
                disseminating the networks across the Department;
                    (F) consideration for any homeland security 
                computer system or database not listed in paragraph (1) 
                that is currently in development or in operation in any 
                component or office of the Department and that should 
                be merged with or incorporated into one of the networks 
                listed in paragraph (1) to eliminate redundancy, and a 
                schedule for such merger or incorporation; and
                    (G) a comprehensive plan for the coordinated 
                deployment of the systems listed in paragraph (1), as 
                considered appropriate by the Secretary, to--
                            (i) the Department of Homeland Security 
                        Headquarters offices;
                            (ii) the Department of Homeland Security 
                        component headquarters;
                            (iii) the field elements of Department of 
                        Homeland Security components;
                            (iv) the National Network of Fusion 
                        Centers;
                            (v) State and local government entities; 
                        and
                            (vi) other Federal departments and 
                        agencies.
    (c) Reporting Requirement.--The Secretary shall report the strategy 
required by subsection (a) to the congressional homeland security 
committees within 30 days after it is completed.

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

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

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

    ``(a) Authority.--The Secretary of Homeland Security may convert 
both unencumbered and encumbered competitive service positions, and the 
incumbents of any such positions, within the elements of the 
intelligence community within the Department of Homeland Security, to 
excepted service positions as the Secretary determines necessary to 
carry out the intelligence functions of the Department.
    ``(b) Incumbents.--Any incumbent currently occupying a position 
selected to be converted to the excepted service under this section 
shall have the right to refuse such conversion. Once such individual no 
longer occupies the position, the position may be converted to the 
excepted service.''.
    (b) Reporting.--The Secretary shall include information, together 
with submission of the annual budget justification, on the following:
            (1) the challenge with filling vacancies of the positions 
        referenced in subsection (a);
            (2) the extent to which the authority provided under 
        subsection (a) was utilized to fill those positions; and
            (3) any impact that the exercise of that authority had on 
        diversity within the Department.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by 
inserting after the item relating to section 845 the following:

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

SEC. 304. SUPPORT AND OVERSIGHT OF FUSION CENTERS.

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

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

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

                    TITLE IV--9/11 REVIEW COMMISSION

SEC. 401. SHORT TITLE.

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

SEC. 402. ESTABLISHMENT.

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

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

    The 9/11 Review Commission shall conduct a comprehensive review of 
the implementation of the recommendations proposed in the report issued 
by the National Commission on Terrorist Attacks Upon the United States 
(commonly known as the ``9/11 Commission''), as established pursuant to 
section 601 of the Intelligence Authorization Act for Fiscal Year 2003 
(Public Law 107-306). The review of the 9/11 Review Commission shall--
            (1) assess the progress and challenges in carrying out the 
        recommendations of the 9/11 Commission, including any relevant 
        legislation, executive order, regulation, plan, policy, 
        practice, or procedure implemented since the attacks of 
        September 11, 2001;
            (2) analyze the trends of domestic terror attacks since the 
        attacks of September 11, 2001, including the growing influence 
        of domestic radicalization and its causes, and recommendations 
        on how Federal, State, and local agencies can deter and 
        mitigate such radicalization;
            (3) investigate whether there exists evidence that was not 
        considered by the 9/11 Commission of any conduct, 
        relationships, or other factors which served in any manner to 
        contribute to, facilitate, support, or assist the hijackers who 
        carried out the terrorist attacks of September 11, 2001; and
            (4) provide additional recommendations with regard to 
        protecting United States homeland security, ensuring 
        interagency intelligence sharing, and other matters relating to 
        counterterrorism policy.

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

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

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

    (a) Hearings and Evidence.--The 9/11 Review Commission, or any 
panel acting on the authority of the 9/11 Review Commission, may--
            (1) hold hearings, take testimony, receive evidence, and 
        administer oaths; and
            (2) subject to subsection (b)(1), require, by subpoena or 
        otherwise, the attendance and testimony of such witnesses and 
        the production of such books, records, correspondence, 
        memoranda, electronic communications, papers, and documents, as 
        the 9/11 Review Commission or such designated panel may 
        determine advisable.
    (b) Subpoena Authority.--
            (1) Issuance.--Upon the agreement of the chairman and the 
        vice chairman, the chairman may issue a subpoena to compel the 
        production of documents or sworn testimony.
            (2) Process.--Subpoenas issued pursuant to this subsection 
        shall be signed by the chairman or any person designated by the 
        chairman, and may be served by any person designated by the 
        chairman.
            (3) Enforcement.--
                    (A) In general.--In the event that any person fails 
                to obey a subpoena issued pursuant to paragraph (1), 
                the United States district court for the judicial 
                district in which the subpoenaed person resides, is 
                served, or may be found, or where the subpoena is 
                returnable, may issue an order requiring such person to 
                appear at any designated place to testify or to produce 
                documentary or other evidence. Any person failing to 
                obey the order of the court may be held in contempt of 
                the court.
                    (B) Additional enforcement.--In the case of any 
                failure of any witness to comply with any subpoena or 
                to testify when summoned under authority of this 
                section, the chairman may certify a statement of fact 
                constituting such failure to the appropriate United 
                States attorney, who may bring the matter before the 
                grand jury for its action, under the same statutory 
                authority and procedures as if the United States 
                attorney had received a certification under sections 
                102 through 104 of the Revised Statutes of the United 
                States (2 U.S.C. 192-194).
    (c) Information From Federal Agencies.--
            (1) In general.--The 9/11 Review Commission is authorized 
        to secure directly from any executive department, bureau, 
        agency, board, commission, office, independent establishment, 
        or instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of this title. Each 
        such department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 9/11 
        Review Commission, upon request made by the chairman or the 
        vice chairman.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by the 9/11 Review Commission, including its 
        staff, in accordance with all applicable statutes, regulations, 
        and Executive orders.
    (d) Advisory Panels.--The chairman may establish advisory panels 
composed of individuals, including such experts as the chairman 
determines appropriate, who may undertake investigations, evaluate 
evidence, make findings, and provide recommendations to the 9/11 Review 
Commission.
    (e) Contracting.--The 9/11 Review Commission may, to such extent 
and in such amounts as are provided by appropriations, enter into 
contracts to enable the Commission to discharge its duties under this 
title.
    (f) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the 9/11 Review Commission, 
        on a reimbursable basis, administrative support and other 
        services for the performance of the 9/11 Review Commission's 
        functions.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), the heads of Federal 
        departments and agencies may provide to the 9/11 Review 
        Commission such services, funds, facilities, staff, and other 
        support services as such heads determine advisable and as may 
        be authorized by law.
    (g) Postal Services.--The 9/11 Review Commission may use the United 
States mails in the same manner and under the same conditions as 
Federal departments and agencies.

SEC. 406. COMPENSATION.

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

SEC. 407. APPOINTMENT OF STAFF.

    (a) In General.--The chairman, in consultation with the vice 
chairman and in accord with any rule agreed upon by the 9/11 Review 
Commission, may appoint and fix the compensation of a staff director 
and such other personnel as may be necessary to enable the 9/11 Review 
Commission to carry out its functions, without regard to the provisions 
of title 5, United States Code, governing appointments in the 
competitive service, and without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, except that no rate of 
pay fixed under this subsection may exceed the equivalent of that 
payable for a position at level V of the Executive Schedule under 
section 5316 of title 5, United States Code.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the 9/11 Review 
Commission, members and staff of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in the Government service are 
allowed expenses under section 5703(b) of title 5, United States Code.
    (c) Staff as Federal Employees.--
            (1) In general.--Any staff receiving compensation under 
        this section shall be employees under section 2105 of title 5, 
        United States Code, for purposes of chapters 63, 81, 83, 84, 
        85, 87, 89, and 90 of such title.
            (2) Members of commission.--Paragraph (1) shall not be 
        construed to apply to the chairman or vice chairman.
    (d) Detailees.--Any Federal Government employee may be detailed to 
the 9/11 Review Commission without reimbursement from the 9/11 Review 
Commission, and such detailee shall retain the rights, status, and 
privileges of his or her regular employment without interruption.
    (e) Consultant Services.--The 9/11 Review Commission is authorized 
to procure the services of experts and consultants in accordance with 
section 3109 of title 5, United States Code, but at rates not to exceed 
the daily rate paid to a person occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code.

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

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

SEC. 409. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the 9/11 Review Commission.
    (b) Public Meetings and Release of Public Versions of Reports.--The 
9/11 Review Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate; and
            (2) release public versions of the reports required under 
        this title.
    (c) Public Hearings.--Any public hearings of the 9/11 Review 
Commission shall be conducted in a manner consistent with the 
protection of information provided to or developed for or by the 9/11 
Review Commission as required by any applicable statute, regulation, or 
Executive order.

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

    (a) Interim Reports.--The 9/11 Review Commission may submit to the 
President and provide to Congress interim reports containing its 
findings, conclusions, and recommendations, and may submit with such 
reports any classified annexes.
    (b) Final Report.--Not later than 12 months after the date of the 
enactment of this Act, the 9/11 Review Commission shall submit to the 
President and appropriate congressional committees (as such term is 
defined in section 101 of the Homeland Security Act of 2002 (6 U.S.C. 
101)) a final report, together with a classified annex if such is 
determined appropriate, containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by the 
chairman and vice chairman.
    (c) Termination.--
            (1) In general.--The 9/11 Review Commission, and all the 
        authorities of this title, shall terminate 30 days after the 
        date on which the final report is submitted under subsection 
        (b).
            (2) Administrative activities before termination.--The 9/11 
        Review Commission may use the 30-day period referred to in 
        paragraph (1) for the purpose of concluding its activities, 
        including providing testimony to Congress concerning its 
        reports and disseminating the final report.

SEC. 411. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated $1,000,000 to carry out this title.
    (b) Duration of Availability.--Amounts made available to the 9/11 
Review Commission under this section shall remain available until the 
termination of the 9/11 Review Commission.

                   TITLE V--PREPAREDNESS AND RESPONSE

               Subtitle A--WMD Preparedness and Response

SEC. 501. HOMELAND SECURITY BIODEFENSE STRATEGY.

    (a) Biodefense Review and Strategy.--
            (1) In general.--The Homeland Security Act of 2002 (6 
        U.S.C. 101 et seq.) is amended by adding at the end the 
        following new title:

                ``TITLE XXI--WEAPONS OF MASS DESTRUCTION

``SEC. 2101. BIODEFENSE STRATEGY.

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

``SEC. 2102. SUBMISSIONS TO CONGRESS.

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

                ``TITLE XXI--WEAPONS OF MASS DESTRUCTION

``Sec. 2101. Biodefense strategy.
``Sec. 2102. Submissions to Congress.''.
    (b) Deadline for First Strategy.--The Secretary of Homeland 
Security shall complete the first biodefense strategy under section 
2101 of the Homeland Security Act of 2002, as amended by this section, 
by not later than one year after the date of enactment of this Act.

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

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

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

    ``(a) In General.--The Office of Intelligence and Analysis of the 
Department shall--
            ``(1) support homeland security-focused intelligence 
        analysis of terrorist actors, their claims, and their plans to 
        conduct attacks involving chemical, biological, radiological, 
        and nuclear materials against the Nation;
            ``(2) support homeland security-focused intelligence 
        analysis of global infectious disease, public health, food, 
        agricultural, and veterinary issues;
            ``(3) support homeland-security focused risk analysis and 
        risk assessments of the homeland security hazards described in 
        paragraphs (1) and (2) by providing relevant quantitative and 
        nonquantitative threat information;
            ``(4) leverage existing and emerging homeland security 
        capabilities and structures to enhance prevention, protection, 
        response, and recovery efforts with respect to a chemical, 
        biological, radiological, or nuclear attack;
            ``(5) share information and provide tailored analytical 
        support on these threats to State, local, and tribal 
        authorities; and
            ``(6) perform other responsibilities, as assigned by the 
        Secretary.
    ``(b) Coordination.--Where appropriate, the Office of Intelligence 
and Analysis shall--
            ``(1) coordinate with other relevant Department components;
            ``(2) consult with others in the Intelligence Community, 
        including State, local, and tribal authorities, in particular 
        officials from high-threat areas; and
            ``(3) enable such entities to provide recommendations on 
        optimal information sharing mechanisms, including expeditious 
        sharing of classified information, and on how they can provide 
        information to the Department.
    ``(c) Report.--
            ``(1) In general.--Not later than one year after the date 
        of the enactment of this section and annually thereafter, the 
        Secretary shall report to the appropriate congressional 
        committees on--
                    ``(A) the intelligence and information sharing 
                activities under subsection (a) and of all relevant 
                entities within the Department to counter the threat 
                from weapons of mass destruction; and
                    ``(B) the Department's activities in accordance 
                with relevant intelligence strategies.
            ``(2) Assessment of implementation.--The report shall 
        include--
                    ``(A) a description of methods established to 
                assess progress of the Office of Intelligence and 
                Analysis in implementing this section; and
                    ``(B) such assessment.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such title the following:

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

SEC. 503. RISK ASSESSMENTS.

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

``SEC. 2104. RISK ASSESSMENTS.

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology and in coordination with relevant 
Department components and other appropriate Federal departments and 
agencies, shall--
            ``(1) produce and update periodically a terrorism risk 
        assessment of chemical, biological, radiological, and nuclear 
        threats; and
            ``(2) produce and update periodically an integrated 
        terrorism risk assessment that assesses all of those threats 
        and compares them against one another according to their 
        relative risk.
    ``(b) Methodology.--
            ``(1) In general.--The Secretary shall--
                    ``(A) convene an interagency task force of relevant 
                subject matter experts to assess the proposed 
                methodology to be used for assessments required under 
                subsection (a), and to provide recommendations to the 
                Secretary as to the adequacy of such methodology;
                    ``(B) conduct sensitivity analysis on each 
                assessment to identify and prioritize research 
                activities to close knowledge gaps; and
                    ``(C) consider the evolving threat from an 
                intelligent adversary.
            ``(2) Inclusion in assessment.--Each assessment under 
        subsection (a) shall include a description of the methodology 
        used for the assessment.
    ``(c) Usage.--The assessments required under subsection (a) shall 
be used to inform and guide risk management decisions, including--
            ``(1) the threat assessments and determinations by the 
        Secretary regarding agents and toxins pursuant to section 319F-
        2 of the Public Health Service Act;
            ``(2) allocation of resources for research and development 
        for prevention of, protection against, response to, and 
        recovery from a chemical, biological, radiological, or nuclear 
        attack;
            ``(3) prioritization of medical countermeasure research, 
        development, acquisition, and distribution activities and other 
        national strategic biodefense research;
            ``(4) tailored risk assessments and risk mitigation 
        studies, as appropriate, on topics such as radiological 
        materials security or the economic risks of a biological 
        attack; and
            ``(5) other homeland security activities as determined 
        appropriate by the Secretary and the heads of other agencies.
    ``(d) Input and Sharing.--The Secretary shall, for each assessment 
required under subsection (a)--
            ``(1) seek input from Federal, State, local, and tribal 
        officials involved in efforts to prevent, protect against, 
        respond to, and recover from chemical, biological, 
        radiological, and nuclear threats;
            ``(2) ensure that written procedures are in place to guide 
        the development and review of risk assessments through 
        coordinated efforts of relevant Federal agencies;
            ``(3) share the risk assessments with Federal, State, local 
        and tribal officials with appropriate security clearances and a 
        need for the information in the classified version; and
            ``(4) to the extent practicable, make available an 
        unclassified version for Federal, State, local, and tribal 
        officials involved in prevention and preparedness for chemical, 
        biological, radiological, and nuclear events.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such title the following:

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

SEC. 504. INDIVIDUAL AND COMMUNITY PREPAREDNESS.

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

``SEC. 527. INDIVIDUAL AND COMMUNITY PREPAREDNESS.

    ``(a) In General.--The Administrator shall assist State, local, and 
tribal authorities in improving and promoting individual and community 
preparedness and collective response to weapons of mass destruction and 
terrorist attacks involving chemical, biological, radiological, and 
nuclear materials, including those that cause mass fatalities, against 
the United States, by--
            ``(1) developing guidance and checklists of recommended 
        actions for individual and community prevention and 
        preparedness efforts and disseminating such guidance and 
        checklists to communities and individuals;
            ``(2) updating new and existing guidance and checklists as 
        appropriate;
            ``(3) disseminating the guidance developed under section 
        510 to communities and individuals, as appropriate;
            ``(4) providing information and training materials in 
        support of individual and community preparedness efforts;
            ``(5) conducting individual and community preparedness 
        outreach efforts; and
            ``(6) such other actions as the Secretary determines 
        appropriate.
    ``(b) Coordination.--Where appropriate, the Secretary shall 
coordinate with private sector and nongovernmental organizations to 
promote individual and community preparedness and collective response 
to weapons of mass destruction and terrorist attacks involving 
chemical, biological, radiological, and nuclear materials against the 
United States.
    ``(c) Best Practices.--In compiling guidance for individual and 
community preparedness in order to carry out subsection (a)(4), the 
Secretary shall give due regard to best practices based on the 
experience of other agencies and countries and the expertise of 
academic institutions and nongovernmental organizations.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further 
amended by adding at the end of the items relating to such title the 
following:

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

SEC. 505. DETECTION OF BIOLOGICAL THREATS.

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

``SEC. 2105. DETECTION OF BIOLOGICAL ATTACKS.

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

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

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

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

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

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

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

SEC. 507. COMMUNICATIONS PLANNING.

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

``SEC. 528. COMMUNICATIONS PLANNING.

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

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

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

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

SEC. 509. PLUME MODELING.

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

``SEC. 2107. PLUME MODELING.

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

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

SEC. 510. DISASTER RECOVERY.

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

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

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

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

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

``SEC. 2110. EXERCISES.

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

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

                           Subtitle B--Grants

SEC. 521. SENSE OF CONGRESS.

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

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

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

SEC. 523. NOTIFICATION OF HOMELAND SECURITY GRANT AWARDS.

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

SEC. 524. TRANSPARENCY IN HOMELAND SECURITY GRANT FUNDING.

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

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

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

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

SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM.

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

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

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

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

SEC. 526. TRANSIT SECURITY GRANT PROGRAM.

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

SEC. 527. PRIORITIZATION.

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

SEC. 528. TRANSPORTATION SECURITY GRANT PROGRAM STUDY.

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

SEC. 529. INTERAGENCY GRANTS WORKING GROUP.

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

                       Subtitle C--Communications

SEC. 541. SENSE OF CONGRESS REGARDING INTEROPERABILITY.

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

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

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

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

    ``The Administrator of the Federal Emergency Management Agency 
shall execute a memorandum of understanding with the Director of the 
Office of Emergency Communications delineating the roles and 
responsibilities of each office with respect to policy and guidance for 
communications-related expenditures with grant funds.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end of the items 
        relating to such title the following:

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

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

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

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

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

``Sec. 530. National integrated public alert and warning system 
                            modernization.''.
    (c) Limitation on Statutory Construction.--Nothing in this Act 
(including the amendment made by this Act) shall be construed to affect 
the authority of the Department of Commerce, the Federal Communications 
Commission, or the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act.
    (d) Homeland Security Grants.--Section 2008(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)) is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) by redesignating paragraph (13) as paragraph (14); and
            (3) by inserting after paragraph (12) the following new 
        paragraph:
            ``(13) improving public alert and warning capabilities; 
        and''.

               Subtitle D--Broadband for First Responders

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

    (a) Spectrum Allocation.--Section 337(a) of the Communications Act 
of 1934 (47 U.S.C. 337(a)) is amended--
            (1) in paragraph (1), by striking ``24'' and inserting 
        ``34''; and
            (2) in paragraph (2), by striking ``36'' and inserting 
        ``26''.
    (b) Assignment.--Section 337(b) of the Communications Act of 1934 
(47 U.S.C. 337(b)) is amended to read as follows:
    ``(b) Assignment.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of the Department of Homeland Security Authorization 
        Act for Fiscal Year 2012, the Commission shall allocate the 
        paired electromagnetic spectrum bands of 758-763 megahertz and 
        788-793 megahertz for public safety broadband communications 
        and shall license such paired bands to the public safety 
        broadband licensee.
            ``(2) Establishment of rules.--
                    ``(A) In general.--The Commission shall establish 
                rules to permit the public safety broadband licensee to 
                authorize providers of public safety services to 
                construct and operate a wireless public safety 
                broadband network in the spectrum licensed to the 
                public safety broadband licensee if the public safety 
                broadband licensee determines that such authorization 
                would expedite the deployment of public safety 
                broadband communications.
                    ``(B) Network requirements.--The Commission shall 
                require that any such wireless public safety broadband 
                network shall--
                            ``(i) be fully interoperable and remain 
                        interoperable with, and in conformance with the 
                        same broadband technology standards as, all 
                        other public safety broadband systems deployed 
                        or authorized;
                            ``(ii) provide for roaming by local, State, 
                        tribal, and Federal governments and other 
                        authorized users of the spectrum licensed to 
                        the public safety broadband licensee;
                            ``(iii) provide priority access to public 
                        safety agencies;
                            ``(iv) be built to survive most large-scale 
                        disasters;
                            ``(v) ensure that networks of such systems 
                        have the appropriate level of cyber security;
                            ``(vi) ensure that authorized users have 
                        control over all local network uses consistent 
                        with rules established by the Commission; and
                            ``(vii) be consistent with the Statewide 
                        Interoperable Communications Plans adopted by 
                        each State and the National Emergency 
                        Communications Plan, as adopted by the 
                        Department of Homeland Security.
                    ``(C) Deadlines.--
                            ``(i) Rules.--The Commission shall 
                        establish rules under this paragraph not later 
                        than 9 months after the date of enactment of 
                        the Department of Homeland Security 
                        Authorization Act for Fiscal Year 2012.
                            ``(ii) Report.--
                                    ``(I) In general.--Not later than 
                                60 days after the date of enactment of 
                                the Department of Homeland Security 
                                Authorization Act for Fiscal Year 2012, 
                                the public safety broadband licensee 
                                shall submit a report to the 
                                appropriate committees of Congress on 
                                the phased network deployment plan of 
                                such spectrum bands.
                                    ``(II) Definitions.--For purposes 
                                of subclause (I), the term `appropriate 
                                committees of Congress' means the 
                                Committee on Homeland Security of the 
                                House of Representatives and any other 
                                committee of the House of 
                                Representatives or the Senate having 
                                legislative jurisdiction under the 
                                Rules of the House of Representatives 
                                or the Senate, respectively, over the 
                                matter concerned.''.
    (c) Network-Sharing Agreements.--Section 337 of the Communications 
Act of 1934 (47 U.S.C. 337) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Rulemaking Required.--The Commission shall establish 
regulations to--
            ``(1) authorize the shared use of the public safety 
        broadband spectrum and network infrastructure by entities that 
        are not defined as public safety services in subsection (g)(1), 
        subject to the requirement that public safety services retain 
        priority access to the spectrum, pursuant to procedures adopted 
        by the Commission, so long as the needs of other governmental 
        entities needs are considered before commercial entities; and
            ``(2) allow use of the public safety broadband spectrum by 
        emergency response providers, as defined in section 2 of the 
        Homeland Security Act of 2002 (6 U.S.C. 101).''.
    (d) Definition.--Section 337(g) of the Communications Act of 1934 
(as so redesignated) is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting before paragraph (3), as so redesignated, 
        the following:
            ``(1) Public safety broadband licensee.--The term `public 
        safety broadband licensee' means a licensee as defined by the 
        Commission in its Second Report and Order adopted July 31, 2007 
        (FCC 07-132), and selected in the Commission's Order adopted 
        November 19, 2007 (FCC 07-199), by the Commission to be the 
        licensee for spectrum between 763-768 and 793-798 megahertz.
            ``(2) Public safety broadband spectrum.--The term `public 
        safety broadband spectrum' means the electromagnetic spectrum 
        between 758 megahertz and 768 megahertz, inclusive, and 788 
        megahertz and 798 megahertz, inclusive, and any additional 
        electromagnetic frequencies allocated by the Commission for 
        public safety broadband use.''.

SEC. 562. STANDARDS.

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

SEC. 563. RULE OF CONSTRUCTION.

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

SEC. 564. FUNDING.

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

SEC. 565. PUBLIC SAFETY INTEROPERABLE BROADBAND NETWORK CONSTRUCTION.

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

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

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

SEC. 567. AUDITS.

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

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

    (a) Reallocation of Spectrum.--Not later than 1 year after the date 
of enactment of this Act, the Assistant Secretary shall reallocate for 
commercial use electromagnetic spectrum at 1755-1780 megahertz.
    (b) Auction.--Not later than 18 months after the date of enactment 
of this Act, the Federal Communications Commission shall establish 
rules for pairing electromagnetic spectrum bands at 1755-1780 megahertz 
and 2155-2180 megahertz, inclusive, and auction the licenses for such 
paired spectrum in accordance with section 309(j) of the Communications 
Act of 1934.

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

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

SEC. 570. DEFINITIONS.

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

                  Subtitle E--Miscellaneous Provisions

SEC. 581. AUDIT OF THE NATIONAL LEVEL EXERCISE.

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

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

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

SEC. 583. RURAL RESILIENCE INITIATIVE.

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

``SEC. 2111. RURAL RESILIENCE INITIATIVE.

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

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

SEC. 584. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

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

SEC. 585. TECHNICAL CORRECTION.

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

SEC. 586. CERTIFICATION THAT DISASTER FUND RECIPIENTS SUBJECT TO 
              RECOUPMENT RECEIVE A NOTICE OF DEBT AND OPPORTUNITY TO 
              APPEAL BEFORE DEBT IS FORWARDED TO DEPARTMENT OF THE 
              TREASURY.

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

SEC. 587. CONFORMING AMENDMENT.

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

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

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

SEC. 589. LESSONS LEARNED FOR NATIONAL LEVEL EXERCISES.

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

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

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

SEC. 591. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE.

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

SEC. 592. MENTAL HEALTH COUNSELING FOR DISASTER VICTIMS.

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

SEC. 593. EFFECTIVENESS OF CERTAIN DISASTER PREPARATION.

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

                  TITLE VI--BORDER SECURITY PROVISIONS

SEC. 601. DEFINITIONS.

    In this title:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection of the 
        Department of Homeland Security.
            (2) Major violator.--The term ``major violator'' means a 
        person or entity that is or has engaged in serious criminal 
        activities at any land, air, or sea port of entry, including 
        possession of narcotics, smuggling of prohibited products, 
        human smuggling, weapons possession, use of fraudulent United 
        States documents, and other offenses serious enough to result 
        in arrest.
            (3) Northern border.--The term ``northern border'' means 
        the international border between the United States and Canada.
            (4) Operational control.--The term ``operational control'' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
            (5) Southern border.--The term ``southern border'' means 
        the international border between the United States and Mexico.

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

    (a) Strategy to Secure the Border Between the Ports of Entry.--Not 
later than 180 days after the date of the enactment of this Act, the 
Secretary shall submit to the appropriate congressional committees a 
comprehensive strategy for gaining, within five years, operational 
control of the international borders between the ports of entry of the 
United States. The strategy shall include an analysis of the following:
            (1) Staffing requirements for all border security 
        functions.
            (2) Investment in infrastructure, including pedestrian 
        fencing, vehicle barriers, and roads.
            (3) The use of unmanned aerial vehicles, camera technology, 
        sensors, and other innovative technology as the Secretary may 
        determine.
            (4) Cooperative agreements with international, State, 
        local, tribal, and other Federal law enforcement agencies that 
        have jurisdiction on the northern border and southern border.
            (5) Other means designed to detect, respond to, and 
        interdict unlawful cross-border activity and to reduce the 
        level of violence.
            (6) A schedule for implementing security measures, 
        including a prioritization for future investments.
            (7) A comprehensive technology plan for major surveillance 
        and detection technology programs, including a justification 
        and rationale for technology choices and deployment locations.
            (8) The feasibility of using existing Tethered Aerostat 
        Radar Systems for use along the southwest border.
    (b) Securing the Border at Ports of Entry.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary shall 
develop metrics to measure the effectiveness of security at ports of 
entry, which shall consider, at minimum, the following:
            (1) The number of infractions related to personnel and 
        cargo committed by major violators who are apprehended by U.S. 
        Customs and Border Protection at such ports of entry.
            (2) The estimated number of such infractions committed by 
        major violators who are not so apprehended.
            (3) The required number of U.S. Customs and Border 
        Protection Officers, Agricultural Specialists, and Canine 
        Enforcement Officers necessary to achieve operational control 
        at such ports of entry.
            (4) Infrastructure improvements required to achieve 
        operational control at such ports of entry, including the 
        installation of nonintrusive detection equipment, radiation 
        portal monitors, biometrics, and other sensors and technology 
        that the Secretary determines necessary.
            (5) The deployment of resources based on the overall 
        commercial and passenger traffic, cargo volume, and threat 
        environment at such ports of entry.
    (c) Evaluation by National Laboratory.--The Secretary shall submit 
a request to a Department of Energy national laboratory with 
appropriate expertise in border security to evaluate the suitability 
and statistical validity of the measurement system required under 
subsection (b) for analyzing progress in the interdiction of unlawful 
crossings and contraband at ports of entry.
    (d) Consideration of Alternative Border Security Standards.--If in 
developing the strategic plan required under subsection (a) the 
Secretary determines to measure security between ports of entry by a 
standard other than operational control, the Secretary shall submit a 
request to a Department of Energy national laboratory with appropriate 
expertise in border security to evaluate the suitability and 
statistical validity of the measurement system required under 
subsection (b) for analyzing progress in the interdiction of unlawful 
crossings and contraband at ports of entry.
    (e) Reports.--Not later than 90 days after the date of the 
enactment of this Act and annually thereafter, the Secretary shall 
submit to the appropriate congressional committees a report on the 
following:
            (1) A resource allocation model for current and future year 
        staffing requirements that includes optimal staffing levels at 
        all land, air, and sea ports of entry and an explanation of 
        U.S. Customs and Border Protection methodology for aligning 
        staffing levels and workload to threats and vulnerabilities 
        across all mission areas.
            (2) Detailed information on the level of manpower data 
        available at all land, air, and sea ports of entry, including 
        the number of canine and agricultural officers assigned to each 
        such port of entry.
    (f) Priority.--In making infrastructure improvements at ports of 
entry in accordance with subsection (b)(4), the Commissioner of U.S. 
Customs and Border Protection, in coordination with the heads of 
relevant Federal departments and agencies, shall give priority to those 
ports of entry determined to be in most need of repair in order to 
improve border security and for other purposes in accordance with port 
of entry infrastructure assessment studies required in section 603 of 
the Border Infrastructure and Technology Modernization Act of 2007 
(enacted as title VI of division E of the Consolidated Appropriations 
Act, 2008 (Public Law 110-161)).

SEC. 603. MAINTAINING BORDER PATROL STAFFING.

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

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

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

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

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

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

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

SEC. 607. BORDER SECURITY INFRASTRUCTURE AND TECHNOLOGY.

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

SEC. 608. NORTHERN BORDER CANINE TEAMS.

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

SEC. 609. UNMANNED VEHICLES PILOT PROGRAM.

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

SEC. 610. REPORT ON UNMANNED AERIAL VEHICLES.

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

SEC. 611. STUDENT VISA SECURITY IMPROVEMENT.

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

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

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

SEC. 613. BORDER CROSSING DOCUMENTATION.

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

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

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

SEC. 615. PORT SECURITY GRANT PROGRAM.

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

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

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

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

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

SEC. 618. SMALL VESSEL THREAT ANALYSIS.

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

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

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

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

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

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

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary shall submit to the appropriate congressional committees 
a report regarding the status of $640,000,000 in unobligated balances 
in the Customs User Fee Account, as reported by the Government 
Accountability Office in report GAO-11-318SP. The report required under 
this section shall include a final determination on the total amount of 
unobligated balances available.

SEC. 622. OUTBOUND INSPECTIONS.

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

SEC. 623. DEPORTING CRIMINAL ALIENS.

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

SEC. 624. ESTABLISHMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT.

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

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

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

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

SEC. 625. REPORT ON DRUG CARTELS.

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

SEC. 626. INCREASE IN UNMANNED AERIAL VEHICLES.

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

SEC. 627. BORDER AREA SECURITY INITIATIVE.

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

SEC. 628. FOREIGN TERRORIST ORGANIZATIONS.

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

SEC. 629. BORDER CONDITION INDEX.

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

SEC. 630. SENSE OF CONGRESS.

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

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

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

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

    (a) In General.--Subject to subsection (b), the Secretary may enter 
into a private-public partnership to accept funding or a donation of 
real or personal property or services from any private sector entity or 
any State, county, or other municipal entity for the purpose of the 
construction of a designated project at a designated land border port 
of entry, to be approved by the Secretary, designed to reduce wait 
times at such port of entry.
    (b) Consultation.--To enter into a partnership described in 
subsection (a), the Secretary shall consult with the private sector 
entity or State, county, or other municipal entity referred to in such 
subsection that is providing the funding or donation at issue and 
provide such entity with a description of the designated project to be 
undertaken.
    (c) Nontransferrable.--Any funding or donation received by the 
Secretary pursuant to subsection (a) may be used only for the 
designated project that was subject of the consultation carried out in 
accordance with subsection (b), unless the private sector entity or 
State, county, or other municipal entity at issue consents to an 
alternate use of such funding or donation.
    (d) Return of Funding.--If the Secretary of Homeland Security does 
not undertake the designated project described in subsection (a) and 
the private sector entity or State, county, or other municipal entity 
that provided the funding or donation for such project does not consent 
to an alternate use for such funding or donation, the Secretary shall 
return to such entity such funding or donation.
    (e) Rule of Construction.--Nothing in this section may be construed 
as modifying the authorities of the Department of Homeland Security.
    (f) Authority To Agree to Amendments to the Border Environment 
Cooperation Agreement.--Section 545 of the North American Free Trade 
Agreement Implementation Act (22 U.S.C. 290m-4) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) change the purposes and functions of the Bank, 
        including changes that would allow the Bank to finance 
        infrastructure projects in the border region that promote 
        growth in trade and commerce between the United States and 
        Mexico, support sustainable economic development, reduce 
        poverty, foster job creation, and promote social development in 
        the region.''.

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

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

SEC. 634. COAST GUARD DEPLOYABLE SPECIAL FORCES ASSETS.

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

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

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall submit to the appropriate congressional 
committees a plan to implement, not later than two years after such 
date of enactment, a biometric exit capability at airports under the 
US-VISIT program, in accordance with the Enhanced Security and Visa 
Entry Reform Act of 2002 (Public Law 107-73). If the Secretary 
determines that development of such a system is not feasible, the 
Secretary shall, not later than 180 days after the date of the 
enactment of this Act, submit to the appropriate congressional 
committees a plan for implementing, not later than two years after such 
date of enactment, an alternative program to provide the same level of 
security.

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

    (a) In General.--The Commissioner of U.S. Customs and Border 
Protection shall work with the Assistant Secretary of Homeland Security 
(Transportation Security Administration) to designate persons enrolled 
in trusted passengers programs operated by U.S. Customs and Border 
Protection as trusted passengers in programs established pursuant to 
section 109(a)(3) of the Aviation Transportation Security Act (Public 
Law 107-71; 115 Stat. 613; 49 U.S.C. 114 note), as long as such 
passengers meet the standards and requirements set by the Assistant 
Secretary.
    (b) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Commissioner shall submit to the 
Committee on Homeland Security of the House of Representatives, the 
Committee on Homeland Security and Government Affairs of the Senate, 
and the Committee on Commerce, Science, and Transportation of the 
Senate, a report on progress in implementing subsection (a), 
including--
            (1) any obstacles to cross-enrolling U.S. Customs and 
        Border Protection trusted passengers in trusted passenger 
        programs established by the Transportation Security 
        Administration; and
            (2) the rate of enrollment of persons enrolled in trusted 
        passengers programs operated by U.S. Customs and Border 
        Protection as trusted passengers in programs operated by the 
        Transportation Security Administration.

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

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

                   TITLE VII--SCIENCE AND TECHNOLOGY

           Subtitle A--Directorate of Science and Technology

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

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

``SEC. 318. STRATEGIC PLAN.

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 704. RESEARCH AND DEVELOPMENT PROGRESS.

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

``SEC. 321. MONITORING PROGRESS.

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

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

SEC. 705. ACQUISITION AND OPERATIONS SUPPORT.

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

SEC. 706. OPERATIONAL TEST AND EVALUATION.

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

``SEC. 713. OPERATIONAL TEST AND EVALUATION.

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

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

SEC. 707. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.

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

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

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

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

SEC. 708. BIOFORENSICS CAPABILITIES.

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

``SEC. 323. BIOFORENSICS CAPABILITIES.

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

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

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

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

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

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

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

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

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

SEC. 711. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

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

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

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

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

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

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

    ``(a) In General.--To the extent necessary to ensure that the 
Department has the personnel required to carry out the mission of the 
Science and Technology Directorate, the Secretary may--
            ``(1) make appointments to scientific or engineering 
        positions within such Directorate that require an advanced 
        degree without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        other than sections 3303 and 3328 of such title; and
            ``(2) fix the pay of any personnel appointed under 
        paragraph (1) without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates.
    ``(b) Limitation.--
            ``(1) In general.--Not more than 5 percent of the occupied 
        positions within the Directorate of Science and Technology may 
        at any time consist of positions occupied by personnel 
        appointed under this section.
            ``(2) Counting rule.--For purposes of applying the 
        limitation set forth in paragraph (1), determinations under 
        this subsection shall be made on a full-time equivalent basis.
    ``(c) Termination.--The authority to make appointments under this 
section shall cease to be available after January 1, 2017.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is further amended 
by adding at the end of the items relating to such subtitle the 
following:

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

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

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

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

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

             Subtitle B--Domestic Nuclear Detection Office

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 723. RADIATION PORTAL MONITOR ALTERNATIVES.

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

SEC. 724. CONTRACTING AND GRANTMAKING AUTHORITIES.

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

SEC. 725. DOMESTIC NUCLEAR DETECTION IMPLEMENTATION PLAN.

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

SEC. 726. SCIENCE AND TECHNOLOGY FELLOWS PROGRAM OUTREACH.

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

SEC. 727. BUY AMERICAN REQUIREMENT FOR INFORMATION TECHNOLOGY.

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

SEC. 728. UNIVERSITY-BASED CENTERS.

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

SEC. 729. REVIEW OF UNIVERSITY-BASED CENTERS.

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

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

SEC. 801. SHORT TITLE.

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

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

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

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

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

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

                        TITLE IX--MISCELLANEOUS

SEC. 901. REDESIGNATION AND MOVEMENT OF MISCELLANEOUS PROVISIONS.

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

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

            (4) by striking sections 889 and 890 (consisting of 
        amendments to existing law, which have executed), and 
        redesignating the other sections of such title as section 2301 
        through 2321, respectively.
    (b) Conforming Amendments.--Such Act is further amended--
            (1) in section 506(b) (6 U.S.C. 316(b)), by striking 
        ``Section 872'' and inserting ``Section 2302'';
            (2) in section 508(a) (6 U.S.C. 318(a)), by striking 
        ``section 871'' and inserting ``section 2301'';
            (3) in section 508(d)(1) (6 U.S.C. 318(d)), by striking 
        ``section 871(a)'' and inserting ``section 2301(a)'';
            (4) in section 702(b)(2) (6 U.S.C. 432(b)(2)), by striking 
        ``section 874(b)(2)'' each place it appears and inserting 
        ``section 2304(b)(2)'';
            (5) in section 702(b)(2)(E) (6 U.S.C. 432(b)(2)), by 
        striking ``section 874'' and inserting ``section 2304'';
            (6) in section 702(b)(4)(A) (6 U.S.C. 432(b)(4)(A)), by 
        striking ``section 872(a)'' and inserting ``section 2302(a)'';
            (7) in section 702(b)(4)(B) (6 U.S.C. 432(b)(4)(B)), by 
        striking ``Section 872(b)'' and inserting ``Section 2302(b)'';
            (8) in section 707(a)(4) (6 U.S.C. 347(a)(4)), by striking 
        ``section 874'' and inserting ``section 2304''; and
            (9) in section 843(b)(1)(B)(i) (6 U.S.C. 413(b)(1)(B)(i)), 
        by striking ``section 878'' and inserting ``section 2308''.
    (c) Clerical Amendments.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
            (1) by striking the items relating to subtitle H of title 
        VIII; and
            (2) by adding at the end the following new items:

                ``TITLE XXIII--MISCELLANEOUS PROVISIONS

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

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

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

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

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

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

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

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

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

SEC. 906. TWIC PROCESS REFORM.

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

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

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

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

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

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

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