I 

112TH CONGRESS 

1ST SESSION H. R. 3116 

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 

A BILL 

To authorize certain programs of the Department of 

Homeland Security, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

Sec. 4. Amendment references. 


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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. 

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. 

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. 

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. 


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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. 

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. 

Subtitle D—Miscellaneous Provisions 

Sec. 561. Audit of the National Level Exercise. 

Sec. 562. FEMA report to Congress on sourcing and distribution of disaster response goods and services. 

Sec. 563. Rural resilience initiative. 

Sec. 564. National Domestic Preparedness Consortium. 

Sec. 565. Technical correction. 

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. Border security on certain Federal lands. 

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. 

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. 


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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. 

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. 

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. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittee’’ means the Committee on Homeland Security 

6 of the House of Representatives and the Committee 

7 on Homeland Security and Governmental Affairs of 

8 the Senate, and any committee of the House of Rep9 resentatives or the Senate having legislative or over10 sight jurisdiction under the Rules of the House of 

11 Representatives or the Senate, respectively, over the 

12 matter concerned. 


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

2 means the Department of Homeland Security. 

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

4 authorities, powers, rights, privileges, immunities, 

5 programs, projects, activities, duties, and respon6 sibilities. 

7 (4) LOCAL GOVERNMENT.—The term ‘‘local 

8 government’’ means— 

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

10 township, local public authority, school district, 

11 special district, intrastate district, council of 

12 governments (regardless of whether the council 

13 of governments is incorporated as a nonprofit 

14 corporation under State law), regional or inter15 state government entity, or agency or instru16 mentality of a local government; 

17 (B) an Indian tribe or authorized tribal or18 ganization, or in Alaska a Native village or 

19 Alaska Regional Native Corporation; and 

20 (C) a rural community, unincorporated 

21 town or village, or other public entity. 

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

23 officers and employees. 

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

25 the Secretary of Homeland Security. 


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

2 State of the United States, the District of Columbia, 

3 the Commonwealth of Puerto Rico, the United 

4 States Virgin Islands, Guam, American Samoa, the 

5 Commonwealth of the Northern Mariana Islands, 

6 and any possession of the United States. 

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

8 any activity that— 

9 (A) involves an act that— 

10 (i) is dangerous to human life or po11 tentially destructive of critical infrastruc12 ture or key resources; and 

13 (ii) is a violation of the criminal laws 

14 of the United States or of any State or 

15 other subdivision of the United States; and 

16 (B) appears to be intended— 

17 (i) to intimidate or coerce a civilian 

18 population; 

19 (ii) to influence the policy of a govern20 ment by intimidation or coercion; or 

21 (iii) to affect the conduct of a govern22 ment by mass destruction, assassination, 

23 or kidnapping. 

24 (9) UNITED STATES.— 


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1 (A) IN GENERAL.—The term ‘‘United 

2 States’’, when used in a geographic sense, 

3 means any State of the United States, the Dis4 trict of Columbia, the Commonwealth of Puerto 

5 Rico, the Virgin Islands, Guam, American 

6 Samoa, the Commonwealth of the Northern 

7 Mariana Islands, any possession of the United 

8 States, and any waters within the jurisdiction 

9 of the United States. 

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

11 paragraph or any other provision of this Act 

12 shall be construed to modify the definition of 

13 ‘‘United States’’ for the purposes of the Immi14 gration and Nationality Act or any other immi15 gration or nationality law. 

16 SEC. 4. AMENDMENT REFERENCES. 

17 Except as otherwise specifically provided, whenever in 

18 this Act an amendment or repeal is expressed in terms 

19 of an amendment to, or repeal of, a provision, the ref20 erence shall be considered to be made to a provision of 

21 the Homeland Security Act of 2002 (6 U.S.C. 101 et 

22 seq.). 


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1 TITLE I—POLICY, MANAGEMENT, 

2 AND EFFICIENCY 

3 SEC. 101. UNDER SECRETARY FOR POLICY. 

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

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

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

7 section 890A and transferring that section to appear 

8 immediately after section 890; and 

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

11 ‘‘TITLE VI—POLICY, PLANNING, 

12 AND OPERATIONS COORDINA13 TION 

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

15 ‘‘(a) IN GENERAL.—There shall be in the Depart16 ment an Under Secretary for Policy, who shall be ap17 pointed by the President, by and with the advice and con18 sent of the Senate. 

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

20 and control of the Secretary, the Under Secretary for Pol21 icy shall— 

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

23 Secretary; 

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


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

2 process for the Department; 

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

4 can fulfill the Department’s statutory and regulatory 

5 responsibilities and implement strategic plans and 

6 policies established by the Secretary in a risk-based 

7 manner; 

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

9 planning for the Department, including overseeing 

10 each quadrennial homeland security review required 

11 under section 603; 

12 ‘‘(6) coordinate policy development undertaken 

13 by the component agencies and offices of the De14 partment; and 

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

17 this section.’’. 

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

19 in section 1(b) of the Homeland Security Act of 2002 (6 

20 U.S.C. 101 et seq.) is amended by striking the items relat21 ing to title VI and inserting the following: 

‘‘TITLE VI—POLICY, PLANNING, AND OPERATIONS 

COORDINATION 

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


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1 SEC. 102. COUNTERING HOMEGROWN RADICALIZATION 

2 AND VIOLENT ISLAMIST EXTREMISM. 

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

4 date of enactment of this Act, the Secretary shall des5 ignate an official of the Department to coordinate efforts 

6 to counter homegrown violent Islamist extremism, includ7 ing the violent ideology of Al Qaeda and its affiliated 

8 groups, in the United States. 

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

10 on which the Secretary designates an official under sub11 section (a), the Secretary shall submit to the appropriate 

12 congressional committees a written notification of the des13 ignation. 

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

15 on which the Secretary designates an official under sub16 section (a), the official designated shall submit to the ap17 propriate congressional committees a report detailing— 

18 (1) the strategy and activities of the Depart19 ment to counter homegrown violent Islamist extre20 mism; 

21 (2) the division of responsibilities within the 

22 Department for countering homegrown violent 

23 Islamist extremism, including the violent ideology of 

24 Al Qaeda and its affiliated groups; 

25 (3) the strategy of the Department to monitor 

26 open source messaging that incite violence, including 


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1 Internet websites that disseminate videos, graphics, 

2 text calling for violent activities, and to provide 

3 counter-messaging to that messaging; 

4 (4) the number of employees of the Department 

5 and the amount of funding dedicated by the Depart6 ment to countering homegrown violent Islamist ex7 tremism, including the violent ideology of Al Qaeda 

8 and its affiliated groups; 

9 (5) the type of Department-sponsored activities 

10 and training for States and local governments, in11 cluding products and activities associated with State 

12 and major urban area fusion centers, for countering 

13 homegrown violent Islamist extremism; and 

14 (6) the metrics used to measure the effective15 ness of programs or activities of the Department 

16 aimed to counter homegrown violent Islamist extre17 mism, including the violent ideology of Al Qaeda and 

18 its affiliated groups. 

19 SEC. 103. DIRECT LINE AUTHORITY FOR CHIEF OPERATING 

20 OFFICERS. 

21 (a) IN GENERAL.—Title VI of the Homeland Secu22 rity Act of 2002 (6 U.S.C. 201 et seq.) is further amended 

23 by adding at the end the following: 


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1 ‘‘SEC. 602. DIRECT LINE AUTHORITY FOR CHIEF OPER2 ATING OFFICERS. 

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

5 ‘‘(1) the Chief Financial Officer; 

6 ‘‘(2) the Chief Procurement Officer; 

7 ‘‘(3) the Chief Information Officer; 

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

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

10 ‘‘(6) the Chief Security Officer. 

11 ‘‘(b) DELEGATION.—Subject to the direction and 

12 control of the Secretary, the Chief Operating Officers shall 

13 have direct authority over their respective counterparts in 

14 components of the Department to ensure that the compo15 nents comply with the laws, rules, regulations, and depart16 mental policies the Chief Operating Officers are respon17 sible for implementing. In coordination with the head of 

18 the relevant component, such authorities shall include, 

19 with respect to the Officer’s counterparts within compo20 nents of the Department, direction of— 

21 ‘‘(1) the activities of personnel; 

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

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

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

25 The chief operating officers of components of the Depart26 ment shall coordinate with the heads of their respective 


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1 agencies while fulfilling their responsibilities under sub2 section (b) to report directly to the Chief Operating Offi3 cers.’’. 

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

5 in section 1(b) of the Homeland Security Act of 2002 (6 

6 U.S.C. 101 et seq.) is further amended by inserting after 

7 the item relating to section 601, as added by section 101 

8 of this Act, the following: 

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

9 SEC. 104. DEPARTMENT OF HOMELAND SECURITY INTER10 NATIONAL AFFAIRS OFFICE. 

11 Section 879 of the Homeland Security Act of 2002 

12 (6 U.S.C. 459) is amended to read as follows: 

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

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

15 the Department an Office of International Affairs. The 

16 Office shall be headed by the Assistant Secretary for 

17 International Affairs, who shall be appointed by the Presi18 dent, by and with the advice and consent of the Senate. 

19 ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT SEC20 RETARY.—The Assistant Secretary for International Af21 fairs shall— 

22 ‘‘(1) establish, in consultation with the Under 

23 Secretary for Management, minimum requirements 

24 for training and supporting staff who are deployed 

25 abroad; 


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1 ‘‘(2) coordinate international functions within 

2 the Department, including functions carried out by 

3 the components of the Department, in consultation 

4 with other Federal officials with responsibility for 

5 counterterrorism and homeland security matters; 

6 ‘‘(3) develop and update, in coordination with 

7 all components of the Department engaged in inter8 national activities, a strategic plan for the inter9 national activities of the Department and establish a 

10 process for managing its implementation; 

11 ‘‘(4) provide guidance to components of the De12 partment engaged in international activities and to 

13 employees of the Department who are deployed over14 seas, as well as their intent to pursue negotiations 

15 with foreign government officials and reviewing re16 sulting draft agreements; 

17 ‘‘(5) maintain awareness regarding the inter18 national travel of senior officers of the Department, 

19 as well as their intent to pursue negotiations with 

20 foreign government officials and reviewing resulting 

21 draft agreements; 

22 ‘‘(6) develop, in consultation with the compo23 nents and, where appropriate, with the Science and 

24 Technology Directorate, programs to support the 

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1 cluding training, technical assistance, and equip2 ment; and 

3 ‘‘(7) promote exchange of homeland security in4 formation and best practices relating to homeland 

5 security with foreign nations that, in the determina6 tion of the Secretary, reciprocate the sharing of such 

7 information in a substantially similar manner. 

8 ‘‘(c) RESPONSIBILITIES OF THE COMPONENTS OF

9 THE DEPARTMENT.— 

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

11 components of the Department shall notify the Of12 fice of International Affairs of the intent of the com13 ponent to pursue negotiations with foreign govern14 ments. 

15 ‘‘(2) NOTICE OF INTERNATIONAL TRAVEL BY

16 SENIOR OFFICERS.—All components of the Depart17 ments shall notify the Office of International Affairs 

18 about the international travel of senior officers of 

19 the Department. 

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

21 The Office of International Affairs shall provide to the ap22 propriate congressional committees, with the annual budg23 et request for the Department, an annual accounting of 

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1 ployed outside the United States on behalf of the Depart2 ment. 

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

4 international activities related to the protective mission of 

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

6 when operating under the direct authority of the Secretary 

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

8 SEC. 105. ASSISTANT SECRETARY FOR HEALTH AFFAIRS. 

9 Section 516 of the Homeland Security Act of 2002 

10 (6 U.S.C. 321e) is amended— 

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

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

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

14 (2) in subsection (c)— 

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

16 after the semicolon at the end; 

17 (B) by redesignating paragraph (7) as 

18 paragraph (10); and 

19 (C) by inserting after paragraph (6) the 

20 following: 

21 ‘‘(7) ensuring that the workforce of the Depart22 ment has science-based policy, standards, require23 ments, and metrics for occupational safety and 

24 health; 


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1 ‘‘(8) providing medical expertise for the compo2 nents of the Department with respect to prevention, 

3 preparedness, protection, response, and recovery for 

4 medical and public health matters; 

5 ‘‘(9) working in conjunction with appropriate 

6 entities of the Department and other appropriate 

7 Federal agencies to develop guidance for prevention, 

8 preparedness, protection, response, and recovery 

9 from catastrophic events with human, animal, and 

10 agricultural health consequences; and’’. 

11 SEC. 106. DEPARTMENT OF HOMELAND SECURITY REORGA12 NIZATION AUTHORITY. 

13 Section 872 of the Homeland Security Act of 2002 

14 (6 U.S.C. 452) is amended— 

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

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

17 after’’; and 

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

19 following: 

20 ‘‘(b) LIMITATIONS ON OTHER REORGANIZATION AU21 THORITY.— 

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

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

24 substantial consolidation, alteration, or transfer of 

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


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1 function established or required to be maintained by 

2 statute. 

3 ‘‘(2) EXCEPTION.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding para5 graph (1), if the President determines it to be 

6 necessary because of an imminent threat to 

7 homeland security, a function, power, or duty 

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

9 official, or agency thereof, may be transferred, 

10 reassigned, or consolidated within the Depart11 ment. 

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

13 after the date on which the President makes a 

14 transfer, reassignment, or consolidation under 

15 subparagraph (A), the President shall notify the 

16 appropriate congressional committees of the 

17 transfer, reassignment, or consolidation. 

18 ‘‘(C) DURATION.—A transfer, reassign19 ment, or consolidation under subparagraph (A) 

20 shall remain in effect only until the President 

21 determines that the threat to homeland security 

22 has terminated or is no longer imminent. 

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

24 date on which the President or the Secretary makes a 

25 transfer, allocation, assignment, consolidation, alteration, 


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1 establishment, or discontinuance under this section, the 

2 President or the Secretary shall publish in the Federal 

3 Register— 

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

5 ‘‘(2) a list of each statutory provision impli6 cated by the action.’’. 

7 SEC. 107. REPEAL OF OFFICE OF DOMESTIC PREPARED8 NESS. 

9 (a) TERMINATION.—Title IV of the Homeland Secu10 rity Act of 2002 is amended by striking section 430 (6 

11 U.S.C. 238). 

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

13 in section 1(b) of the Homeland Security Act of 2002 (6 

14 U.S.C. 101(b)) is amended by striking the item relating 

15 to section 430. 

16 SEC. 108. QUADRENNIAL HOMELAND SECURITY REVIEW. 

17 (a) IN GENERAL.—Section 707 of the Homeland Se18 curity Act of 2002 (6 U.S.C. 347) is amended— 

19 (1) in subsection (a)— 

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

21 year 2009’’ and inserting ‘‘calendar year 

22 2013’’; and 

23 (B) in paragraph (3), by striking ‘‘The 

24 Secretary shall conduct each quadrennial home25 land security review under this subsection’’ and 


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1 inserting ‘‘In order to ensure that each quad2 rennial homeland security review conducted 

3 under this section is coordinated with the quad4 rennial defense review conducted by the Sec5 retary of Defense under section 118 of title 10, 

6 United States Code, and any other major stra7 tegic review relating to diplomacy, intelligence, 

8 or other national security issues, the Secretary 

9 shall conduct each quadrennial homeland secu10 rity review’’; and 

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

12 inserting the following: 

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

14 ‘‘(1) IN GENERAL.—In each quadrennial home15 land security review, the Secretary shall— 

16 ‘‘(A) examine the homeland security as17 pects of the security environment of the Nation, 

18 including existing and potential homeland secu19 rity threats and challenges, and the effect of 

20 laws, Presidential directives, national strategies, 

21 and other relevant guidance documents in meet22 ing existing and potential homeland security 

23 threats and challenges; 

24 ‘‘(B) review the capabilities and capacities 

25 across the homeland security enterprise, and 


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1 the roles of executive agencies, States, local 

2 governments, Indian tribes, and private entities 

3 in providing those capabilities and capacities; 

4 ‘‘(C) evaluate and prioritize the homeland 

5 security mission areas of the Nation and associ6 ated goals and objectives, and recommend any 

7 necessary revisions to the mission areas, goals, 

8 and objectives as appropriate; 

9 ‘‘(D) examine whether the capabilities and 

10 capacities across the homeland security enter11 prise should be adjusted based on any proposed 

12 modifications to the mission areas, goals, or ob13 jectives; 

14 ‘‘(E) identify additional capabilities and 

15 capacities that may be needed across the home16 land security enterprise in response to potential 

17 homeland security threats and challenges, and 

18 the resources required to provide the capabili19 ties and capacities; 

20 ‘‘(F) identify redundant, wasteful, or un21 necessary capabilities and capacities where re22 sources can be redirected to support capabilities 

23 and capacities identified under subparagraph 

24 (E); 


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1 ‘‘(G) evaluate the organization, organiza2 tional structure, governance structure, and 

3 business processes (including acquisition proc4 esses) of the Department, as they relate to the 

5 ability of the Department to meet the respon6 sibilities of the Department; and 

7 ‘‘(H) review any other matter the Sec8 retary considers appropriate. 

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

10 year in which a quadrennial homeland security re11 view is conducted, and not later than the date on 

12 which the budget of the President for the next fiscal 

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

14 of title 31, United States Code, the Secretary 

15 shall— 

16 ‘‘(A) submit to the appropriate congres17 sional committees a report— 

18 ‘‘(i) describing the process used in 

19 conducting the quadrennial homeland secu20 rity review and explaining any underlying 

21 assumptions used in conducting the quad22 rennial homeland security review; 

23 ‘‘(ii) describing the findings and con24 clusions of the review, including findings 

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1 dressed under subparagraphs (A) through 

2 (H) of paragraph (1); 

3 ‘‘(iii) detailing any proposed revisions 

4 to the national homeland security strategy, 

5 including any proposed revisions to the 

6 homeland security missions, capabilities 

7 and capacities, goals, or objectives of the 

8 Nation; 

9 ‘‘(iv) detailing how the conclusions 

10 under the quadrennial homeland security 

11 review will inform efforts to develop capa12 bilities and build capacity of States, local 

13 governments, Indian tribes, and private en14 tities, and of individuals, families, and 

15 communities; 

16 ‘‘(v) providing proposed changes to 

17 the authorities, organization, governance 

18 structure, or business processes (including 

19 acquisition processes) of the Department 

20 in order to better fulfill the responsibilities 

21 of the Department; and 

22 ‘‘(vi) describing any other matter the 

23 Secretary considers appropriate; and 

24 ‘‘(B) consistent with the protection of na25 tional security and other sensitive matters, 


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1 make the report required under subparagraph 

2 (A) publicly available on the website of the De3 partment; and 

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

5 include as an annex to the report materials pre6 pared pursuant to section 306 of title 5, relat7 ing to the preparation of an agency strategic 

8 plan, to satisfy, in whole or in part, the report9 ing requirements of this paragraph.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

11 The table of contents in section 1(b) of the Homeland Se12 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

13 striking the item relating to section 707 and inserting the 

14 following: 

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

15 SEC. 109. DEVELOPMENT OF EXPLOSIVES DETECTION CA16 NINE STANDARDS. 

17 (a) IN GENERAL.—Section 1307(c) of the Imple18 menting Recommendations of the 9/11 Commission Act of 

19 2007 (6 U.S.C. 1116(c)) is amended to read as follows: 

20 ‘‘(c) EXPLOSIVES DETECTION CANINE ACCREDITA21 TION AND MINIMUM CERTIFICATION STANDARDS.— 

22 ‘‘(1) IN GENERAL.—To assist in the Depart23 ment’s counterterrorism mission, the Secretary 

24 shall— 


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1 ‘‘(A) issue mission-specific accreditation 

2 and minimum certification standards for all ex3 plosives detection canines, and their handlers, 

4 that are used or funded by the Department; 

5 and 

6 ‘‘(B) ensure that all explosives detection 

7 canines used or funded by the Department, and 

8 their handlers, are trained by persons who have 

9 met those accreditation standards and utilize 

10 such minimum certification standards. 

11 ‘‘(2) INCLUDED CANINES AND HANDLERS.— 

12 The canines and handlers referred to in paragraph 

13 (1) include— 

14 ‘‘(A) canines that are not bred by the De15 partment; 

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

17 trained by the Department; and 

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

19 by the Department by contract, or funded by 

20 the Department by grant or otherwise. 

21 ‘‘(3) RECOMMENDATIONS.— 

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

23 a panel that will develop recommendations for 

24 the accreditation and minimum certification 

25 standards under this subsection, which shall 


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1 consist of canine training subject matter ex2 perts, including representatives from the private 

3 sector and academia, as designated by the Sec4 retary. 

5 ‘‘(B) RECOMMENDATIONS.—The rec6 ommendations shall consist of a multitier set of 

7 standards designed to provide minimum accred8 itation and certification standards, as well as a 

9 higher level of standards based on mission-crit10 ical objectives of the components that use explo11 sives detection canines. The standards shall ad12 dress both initial and recurrent training and 

13 certification. 

14 ‘‘(C) REVIEW AND REVISION.—After provi15 sion of the recommendations, the panel shall 

16 meet no less than biennially to review and re17 vise the recommendations. 

18 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

19 To carry out this subsection there is authorized to 

20 be appropriated $300,000 for fiscal year 2012.’’. 

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

22 Homeland Security shall issue accreditation and minimum 

23 certification standards under the amendment made by 

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

25 of enactment of this Act. 


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1 TITLE II—DEPARTMENT OF 

2 HOMELAND SECURITY ACQUI3 SITION POLICY 

4 SEC. 201. DEPARTMENT OF HOMELAND SECURITY ACQUISI5 TIONS AND PROCUREMENT REVIEW. 

6 (a) IN GENERAL.—Title VII of the Homeland Secu7 rity Act of 2002 (6 U.S.C. 341 et seq.), is amended by 

8 adding at the end the following: 

9 ‘‘SEC. 708. DEPARTMENT ACQUISITIONS AND PROCURE10 MENT REVIEW. 

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

12 proposed acquisitions and procurements by the Depart13 ment. 

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

15 shall inform the Department’s investment decisions, evalu16 ate lifecycles of procurements, strengthen acquisition over17 sight, and improve resource management in a risk-based 

18 manner. 

19 ‘‘(c) ACQUISITION REVIEW BOARD.— 

20 ‘‘(1) ESTABLISHMENT.—The Secretary shall es21 tablish an Acquisition Review Board for the purpose 

22 of carrying out the review of proposed acquisitions 

23 and procurements required under subsection (a). 

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1 partment to serve on the Acquisition Review Board, 

2 including an appointee to serve as chair of the 

3 Board. 

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

5 The Secretary may establish subordinate boards and 

6 councils to support the Acquisition Review Board. 

7 ‘‘(d) INVESTMENT THRESHOLDS.—The Secretary 

8 may establish materiality thresholds for the review of in9 vestments by the Acquisition Review Board or any subor10 dinate board or council. 

11 ‘‘(e) REPORTING REQUIREMENT.—The Secretary 

12 shall submit to the appropriate congressional committees 

13 an annual report, broken down on a quarterly basis, on 

14 the activities of the Acquisition Review Board, including 

15 detailed descriptions of and statistics on programs and ac16 tivities reviewed by the Acquisition Review Board.’’. 

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

18 the date of enactment of this Act, the Secretary of Home19 land Security shall submit a report to the appropriate con20 gressional committees on the processes and protocols im21 plemented to carry out the review required under the 

22 amendment made by subsection (a). 

23 (c) CLERICAL AMENDMENT.—The table of contents 

24 in section 1(b) of the Homeland Security Act of 2002 (6 


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1 U.S.C. 101 et seq.) is amended by adding at the end of 

2 the items relating to title VII the following: 

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

3 SEC. 202. CAPABILITIES AND REQUIREMENTS COUNCIL. 

4 (a) IN GENERAL.—Title VII of the Homeland Secu5 rity Act of 2002 (6 U.S.C. 181 et seq.) is further amended 

6 by adding at the end the following new section: 

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

8 ‘‘(a) ESTABLISHMENT.—There is established a Capa9 bilities and Requirements Council in the Department. 

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

11 Council shall provide recommendations and assistance to 

12 the Secretary for the following: 

13 ‘‘(1) Identifying, assessing, and approving 

14 homeland security investments and acquisition re15 quirements, including investments in and require16 ments for existing programs, systems, and equip17 ment, to meet homeland security strategic goals and 

18 objectives. 

19 ‘‘(2) Harmonizing common investments and re20 quirements across Department organizational ele21 ments. 

22 ‘‘(3) Reviewing the mission need associated 

23 with each proposed investment or acquisition re24 quirement identified under paragraph (1). 


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1 ‘‘(4) Reviewing major investments across the 

2 Department to ensure consistency with homeland se3 curity strategic goals and objectives. 

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

5 giving consideration to factors such as cost, sched6 ule, performance, risk, and operational efficiency, in 

7 order to determine the most viable homeland secu8 rity investments or acquisition requirements identi9 fied under paragraph (1). 

10 ‘‘(6) Establishing and assigning priority levels 

11 for the homeland security investments and require12 ments identified under paragraph (1), in consulta13 tion with advisors to the Council engaged under sub14 section (d). 

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

16 required to fulfill the homeland security require17 ments identified under paragraph (1) and to ensure 

18 that such resource level is consistent with the level 

19 of priority assigned to such requirement. 

20 ‘‘(8) Proposing schedules for delivery of the 

21 operational capability needed to meet each homeland 

22 security requirement identified under paragraph (1). 

23 ‘‘(9) Identifying alternatives to any acquisition 

24 program that meet homeland security requirements 

25 identified under paragraph (1). 


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1 ‘‘(10) Providing recommendations to the Acqui2 sition Review Board established under section 708. 

3 ‘‘(11) Performing any other duties established 

4 by the Secretary. 

5 ‘‘(c) COMPOSITION.—The Capabilities and Require6 ments Council is composed of— 

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

8 the Department, who shall act as the Chairman of 

9 the Council; and 

10 ‘‘(2) appropriate representatives from the com11 ponents and organizational elements of the Depart12 ment, as determined by the Secretary. 

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

14 input from members of Federal, State, local, and tribal 

15 governments, and the private sector, as appropriate, on 

16 matters within their authority and expertise in carrying 

17 out its mission under subsection (b).’’. 

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

19 in section 1(b) of such Act is further amended by adding 

20 at the end of the items relating to title VII the following: 

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

21 SEC. 203. ACQUISITION AUTHORITIES FOR THE UNDER SEC22 RETARY FOR MANAGEMENT. 

23 (a) IN GENERAL.—Section 701 of the Homeland Se24 curity Act of 2002 (6 U.S.C. 341) is amended— 


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1 (1) in subsection (a)(2), by striking ‘‘Procure2 ment’’ and inserting ‘‘Acquisition, as provided in 

3 subsection (d)’’; and 

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

5 ‘‘(d) ACQUISITION AND RELATED RESPONSIBIL6 ITIES.— 

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

8 Management shall act as the senior acquisition offi9 cer for the Department and shall administer func10 tions relating to acquisition, including— 

11 ‘‘(A) supervising the management of De12 partment acquisition activities and acquisition 

13 programs, evaluating the performance of those 

14 activities and programs, and advising the Sec15 retary regarding the appropriate risk-based ac16 quisition strategy to achieve the mission of the 

17 Department; 

18 ‘‘(B) directing all of the Department’s 

19 components with regard to the Under Sec20 retary’s responsibility under this subsection; 

21 ‘‘(C) establishing policies for acquisition 

22 that implement a risk-based approach, as ap23 propriate, including investment review, program 

24 management, procurement of goods and serv25 ices, research and development, and contract 


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1 administration, for all components of the De2 partment; 

3 ‘‘(D) establishing policies for logistics, 

4 maintenance, and sustainment support for all 

5 components of the Department; and 

6 ‘‘(E) prescribing policies to ensure that 

7 audit and oversight of contractor activities are 

8 coordinated and carried out in a risk-based 

9 manner that prevents redundancies among the 

10 different components of the Department. 

11 ‘‘(2) UNDER SECRETARY FOR SCIENCE AND

12 TECHNOLOGY.—Nothing in this subsection shall di13 minish or otherwise affect the authority granted to 

14 the Under Secretary for Science and Technology 

15 under this Act. The Under Secretary for Manage16 ment and the Under Secretary for Science and 

17 Technology shall cooperate in matters of mutual in18 terest related to the subjects addressed by this sub19 section.’’. 

20 (b) REPORT TO CONGRESS.—The Under Secretary 

21 for Management shall report to Congress within 180 days 

22 after the date of the enactment of this Act on a com23 prehensive acquisition management plan for the Depart24 ment, including performance metrics, to— 


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1 (1) improve collaboration, coordination, and 

2 awareness of technologies and capabilities across 

3 components of the Department, the Federal Govern4 ment, universities, and the private sector when de5 veloping program requirements for acquisitions by 

6 the Department; 

7 (2) evaluate the reasons for modifying program 

8 requirements after an award of a contract and ana9 lyze the need for modifications and whether modi10 fications would lead to contract cost overruns and 

11 time delays; 

12 (3) ensure regular communication with and 

13 support from State and local entities when devel14 oping program requirements and modifying program 

15 requirements; 

16 (4) provide increased oversight and manage17 ment on identified high-risk acquisitions; 

18 (5) evaluate the turnover rate of program man19 agers and contracting officers throughout a contract 

20 and its impact on program requirement modifica21 tions, cost overruns, and time delays; and 

22 (6) evaluate the time it takes between first de23 veloping program requirements, through the acquisi24 tion review process, up until a contract award is 

25 made. 


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1 SEC. 204. ACQUISITION PROFESSIONAL CAREER PROGRAM. 

2 (a) IN GENERAL.—Title VII of the Homeland Secu3 rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 

4 by adding at the end the following new section: 

5 ‘‘SEC. 710. ACQUISITION PROFESSIONAL CAREER PRO6 GRAM. 

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

8 at the Department an Acquisition Professional Career 

9 Program for the recruitment, training, and retention of 

10 acquisition professionals for the Department. 

11 ‘‘(b) PROGRAM.—The program established under 

12 subsection (a) shall rotate participants through various 

13 headquarters and component acquisition and program of14 fices to assure that participants receive broad experience 

15 and developmental training throughout the Department. 

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

17 professional shall include, but is not limited to, an indi18 vidual employed by the Department as a contract spe19 cialist, program manager, or technical representative of a 

20 contracting office. 

21 ‘‘(d) LIMIT.—Subject to appropriations, the Sec22 retary may not hire more than 100 participants for the 

23 program established under subsection (a) in each fiscal 

24 year from 2012 to 2015.’’. 

25 (b) CLERICAL AMENDMENT.—The table of contents 

26 in section 1(b) of such Act is further amended by adding 


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1 at the end of the items relating to such title the following 

2 new item: 

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

3 SEC. 205. STRATEGIC PLAN FOR ACQUISITION WORK4 FORCE. 

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

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

7 Officer and the Chief Human Capital Officer of the De8 partment of Homeland Security shall submit to the appro9 priate congressional committees a 5-year strategic plan for 

10 the acquisition workforce of the Department. 

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

12 subsection (a) shall— 

13 (1) designate the acquisition positions that will 

14 be necessary to support the Department acquisition 

15 requirements, including in the fields of— 

16 (A) program management; 

17 (B) systems planning, research, develop18 ment, engineering, and testing; 

19 (C) procurement, including contracting; 

20 (D) industrial property management; 

21 (E) logistics; 

22 (F) quality control and assurance; 

23 (G) manufacturing and production; 

24 (H) business, cost estimating, financial 

25 management, and auditing; 


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1 (I) education, training, and career develop2 ment; 

3 (J) construction; and 

4 (K) joint projects with other Government 

5 agencies and foreign countries; 

6 (2) identify acquisition workforce needs of each 

7 Department component performing acquisition func8 tions and develop a schedule for filling those needs; 

9 (3) include departmental guidance and risk10 based policies on the use of contractors to perform 

11 acquisition functions; 

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

13 and retention of the workforce identified in para14 graph (2); and 

15 (5) establish goals for achieving integration and 

16 consistency with Governmentwide training and ac17 creditation standards, acquisition training tools, and 

18 training facilities. 

19 (c) OTHER ACQUISITION POSITIONS.—The Chief Ac20 quisition Officer of the Department may, as appropriate, 

21 designate as acquisition positions those additional posi22 tions that perform significant acquisition-related functions 

23 within that component of the Department. 


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

2 (a) IN GENERAL.—Title VII of the Homeland Secu3 rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 

4 by adding at the end the following new section: 

5 ‘‘SEC. 711. NOTIFICATION TO CONGRESS OF MAJOR PRO6 CUREMENT AWARDS. 

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

8 Secretary shall notify the appropriate congressional com9 mittees at least 3 business days prior to— 

10 ‘‘(1) making a contract award, other trans11 action agreement, or task and delivery order exceed12 ing $10,000,000; or 

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

14 award. 

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

16 compliance with this section would pose a substantial risk 

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

18 notification required by subsection (a) if the Secretary no19 tifies the appropriate congressional committees by not 

20 later than 5 business days after such award is made.’’. 

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

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

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

24 new item: 

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


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1 SEC. 207. INDEPENDENT VERIFICATION AND VALIDATION. 

2 (a) IN GENERAL.—Title VII of the Homeland Secu3 rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 

4 by adding at the end the following new section: 

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

6 ‘‘(a) IN GENERAL.—The Under Secretary for Man7 agement shall establish a process to provide for the evalua8 tion of the integrity and quality of major acquisitions, to 

9 be conducted independently by personnel with no involve10 ment or interest in the underlying acquisitions. 

11 ‘‘(b) REQUIREMENT FOR GUIDANCE.—The Under 

12 Secretary for Management shall create a transparent ac13 quisition process by making available to the public written 

14 guidance that provides the following: 

15 ‘‘(1) Criteria for applying and planning inde16 pendent verification and validation, including appro17 priate thresholds above which acquisitions may not 

18 proceed without independent verification and valida19 tion unless authorized to do so by the Acquisition 

20 Review Board established under section 708. 

21 ‘‘(2) Procedures for ensuring the managerial, fi22 nancial, and technical independence of providers of 

23 independent verification and validation. 

24 ‘‘(3) Methods for integrating independent 

25 verification and validation results into program man26 agement. 


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

2 required by section 708(e) shall— 

3 ‘‘(1) identify any acquisition that is granted ini4 tial approval to proceed by the Acquisition Review 

5 Board without undergoing the process to establish 

6 independent verification and validation required 

7 under this section; and 

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

9 to employ independent verification and validation.’’. 

10 (b) DEADLINE.—The Under Secretary for Manage11 ment shall establish the process required by the amend12 ment made by subsection (a) not later than 180 days after 

13 the date of the enactment of this Act. 

14 (c) CLERICAL AMENDMENT.—The table of contents 

15 in section 1(b) of such Act is further amended by adding 

16 at the end of the items relating to such title the following 

17 new item: 

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

18 SEC. 208. OTHER TRANSACTION AUTHORITY. 

19 Section 831 of the Homeland Security Act of 2002 

20 (6 U.S.C. 391) is amended— 

21 (1) in subsection (a), by striking ‘‘Until Sep22 tember 30, 2010’’ and inserting ‘‘Until September 

23 30, 2016’’; 

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

25 than 2 years after the effective date of this Act, and 


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1 annually thereafter’’ and inserting ‘‘Not later than 

2 September 30, 2015’’; and 

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

4 30, 2010’’ and inserting ‘‘September 30, 2016’’. 

5 SEC. 209. REPORT ON COMPETITION. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Inspector General of the Department 

8 of Homeland Security shall prepare a report analyzing the 

9 use of competition in the award of contracts by the De10 partment under the requirements of the Competition in 

11 Contracting Act (41 U.S.C. 3301 et seq.), which shall in12 clude— 

13 (1) for each component of the Department— 

14 (A) the total number and dollar value of 

15 new contracts for each of the last three full fis16 cal years for which data is available; and 

17 (B) of that total number, the number of 

18 contracts that were either— 

19 (i) entered into without full and open 

20 competition; or 

21 (ii) awarded under competition after 

22 receipt of only one offer; 

23 (2) a statistical analysis of statutory exceptions 

24 used to enter contracts without full and open com25 petition; 


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

2 each component of the Department; and 

3 (4) a comparison of the percentage of contracts 

4 awarded under full and open competition by the De5 partment and the percentage of contracts awarded 

6 under full and open competition by other Federal de7 partments and agencies. 

8 TITLE III—INFORMATION SHAR9 ING AND INTELLIGENCE 

10 ANALYSIS 

11 SEC. 301. DEPARTMENT OF HOMELAND SECURITY NA12 TIONAL NETWORK OF FUSION CENTERS INI13 TIATIVE. 

14 (a) AMENDMENTS TO ESTABLISH NETWORK.— 

15 (1) AMENDMENTS.—Section 210A of the 

16 Homeland Security Act of 2002 (6 U.S.C. 124h) is 

17 amended— 

18 (A) by striking the section heading and in19 serting the following: 

20 ‘‘SEC. 210A. DEPARTMENT OF HOMELAND SECURITY NA21 TIONAL NETWORK OF FUSION CENTERS INI22 TIATIVE.’’; 

23 (B) in subsection (a), by striking ‘‘a De24 partment of Homeland Security State, Local, 

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1 lish partnerships with State, local, and regional 

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

3 Homeland Security National Network of Fusion 

4 Centers Initiative to establish partnerships with 

5 State and major urban area fusion centers’’; 

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

7 follows: 

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

9 Through the Department of Homeland Security National 

10 Network of Fusion Centers Initiative, principal officials of 

11 participating State and major urban area fusion centers, 

12 and the officers designated as the Homeland Security Ad13 visors of the States, the Secretary shall— 

14 ‘‘(1) coordinate with other Federal departments 

15 and agencies to provide operational and intelligence 

16 advice and assistance to the National Network of 

17 Fusion Centers; 

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

19 urban area fusion centers into the information shar20 ing environment and the National Prevention 

21 Framework as required by Presidential Policy Direc22 tive 8; 

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

24 the National Network of Fusion Centers, including 

25 the development of a fusion center performance 


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1 management program and exercises to assess the ca2 pability of individual fusion centers, the statewide 

3 fusion process, and the national network; 

4 ‘‘(4) reduce inefficiencies and maximize the ef5 fectiveness of Federal resource support; 

6 ‘‘(5) develop criteria for designating fusion cen7 ters that enables the most effective allocation of 

8 Federal resources and aligns with priorities of the 

9 Department as determined by the Secretary; 

10 ‘‘(6) coordinate with the Nationwide Suspicious 

11 Activity Reporting Initiative to ensure information 

12 within the scope of the information sharing environ13 ment created under section 1016 of the Intelligence 

14 Reform and Terrorism Prevention Act of 2004 (6 

15 U.S.C. 485) gathered by the National Network of 

16 Fusion Centers is incorporated into the Depart17 ment’s information resources; 

18 ‘‘(7) provide management guidance and assist19 ance to the National Network of Fusion Centers; 

20 ‘‘(8) serve as a point of contact for and effec21 tive dissemination of information within the scope of 

22 such information sharing environment to the Na23 tional Network of Fusion Centers; 

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1 tween the National Network of Fusion Centers and 

2 the Department; 

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

4 Centers with expertise on Department resources and 

5 operations; 

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

7 technical assistance to the National Network of Fu8 sion Centers and encourage fusion centers in such 

9 Network to participate in terrorism threat-related 

10 exercises conducted by the Department; 

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

12 that support to fusion centers in such network is re13 flected as a national priority in all applicable grant 

14 guidance; 

15 ‘‘(13) ensure that each fusion center in such 

16 network has a privacy policy approved by the Chief 

17 Privacy Officer of the Department; and 

18 ‘‘(14) carry out such other duties as the Sec19 retary determines are appropriate.’’; 

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

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

22 following: 

23 ‘‘(c) RESOURCE ALLOCATION.— 

24 ‘‘(1) RESPONSIBILITIES OF UNDER SEC25 RETARY.— 


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

2 for Intelligence and Analysis shall— 

3 ‘‘(i) lead Department efforts to ensure 

4 fusion centers in the Network are the pri5 mary focal points for the sharing of ter6 rorism-related information with State and 

7 local entities; and 

8 ‘‘(ii) ensure that, as appropriate, oper9 ational, programmatic, and administrative 

10 resources, including intelligence officers, 

11 intelligence analysts, reporting officers, 

12 and other liaisons from components of the 

13 Department are provided to qualifying 

14 State and major urban area fusion centers. 

15 ‘‘(B) GRANT GUIDANCE.—The Under Sec16 retary for Intelligence and Analysis shall pro17 vide guidance on fusion centers to the Adminis18 trator of the Federal Emergency Management 

19 Agency in accordance with the memorandum of 

20 understanding required under section 210F. 

21 ‘‘(2) SOURCES OF SUPPORT.— 

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

23 under this subsection to fusion centers in the 

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1 tion with the respective component head and in 

2 consultation with the principal officials of fu3 sion centers in the Network: 

4 ‘‘(i) The Office of Intelligence and 

5 Analysis. 

6 ‘‘(ii) The Office of Infrastructure Pro7 tection. 

8 ‘‘(iii) The Transportation Security 

9 Administration. 

10 ‘‘(iv) U.S. Customs and Border Pro11 tection. 

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

13 Enforcement. 

14 ‘‘(vi) The Coast Guard. 

15 ‘‘(vii) The Privacy Office of the De16 partment. 

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

18 Civil Liberties of the Department. 

19 ‘‘(ix) Other components or offices of 

20 the Department, as determined by the Sec21 retary. 

22 ‘‘(B) COORDINATION WITH OTHER FED23 ERAL AGENCIES.—The Under Secretary for In24 telligence and Analysis shall coordinate with ap25 propriate officials throughout the Federal govVerDate Mar 15 2010 21:35 Oct 07, 2011 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H3116.IH H3116

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1 ernment to ensure the relevant deployment of 

2 representatives of other Federal departments 

3 and agencies. 

4 ‘‘(3) RESOURCE ALLOCATION CRITERIA.— 

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

6 make available criteria for allocating resources 

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

8 center in the Network.’’; 

9 (E) by adding the following at the end of 

10 subsection (c)(3)(B): 

11 ‘‘(vi) whether the fusion center has 

12 privacy protections in place that are deter13 mined to be at least as comprehensive as 

14 the Federal information sharing environ15 ment privacy guidelines in effect on the 

16 date of the enactment.’’; 

17 (F) in subsection (e)— 

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

19 as follows: 

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

21 it a priority to allocate resources, including deployed 

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

23 Border Protection, U.S. Immigration and Customs 

24 Enforcement, and the Coast Guard to participating 

25 State and major urban area fusion centers located in 


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1 jurisdictions along land or maritime borders of the 

2 United States in order to enhance the integrity of 

3 and security at such borders by helping Federal, 

4 State, local, and tribal law enforcement authorities 

5 to identify, investigate, and otherwise interdict per6 sons, weapons, and related contraband that pose a 

7 threat to homeland security.’’; and 

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

9 ‘‘participating State, local, and regional fu10 sion centers’’ and inserting ‘‘participating 

11 State and major urban area fusion cen12 ters’’; 

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

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

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

16 subsection (e) the following new subsection: 

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

18 ‘‘(1) IN GENERAL.—To the greatest extent 

19 practicable, the Secretary shall, under this section, 

20 assign personnel with expertise in security of mass 

21 transit systems to participating State and major 

22 urban area fusion centers located in high-risk juris23 dictions with mass transit systems. 

24 ‘‘(2) MASS TRANSIT INTELLIGENCE PROD25 UCTS.—In performing the responsibilities under subVerDate Mar 15 2010 21:35 Oct 07, 2011 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H3116.IH H3116

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1 section (d), officers and intelligence analysts as2 signed to fusion centers in the Network shall, as a 

3 primary responsibility, create mass transit intel4 ligence products that— 

5 ‘‘(A) assist State, local, and tribal law en6 forcement agencies in detecting and interdicting 

7 terrorists, weapons of mass destruction, and re8 lated contraband traveling on mass transit sys9 tems or targeting mass transit systems; 

10 ‘‘(B) promote consistent and timely shar11 ing of mass transit security-relevant informa12 tion among jurisdictions with mass transit sys13 tems; and 

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

15 awareness of the threat of acts of terrorism at 

16 or involving mass transit systems. 

17 ‘‘(3) DECONFLICTION.—In performing the re18 sponsibilities under subsection (d), officers and intel19 ligence analysts assigned to fusion centers in the 

20 Network shall assist Federal, State, local, and tribal 

21 law enforcement authorities overseeing the security 

22 of mass transit systems with resolving conflicting 

23 threat information provided by Federal Government 

24 sources.’’; 


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1 (H) by amending subsection (j), as so re2 designated, to read as follows: 

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

4 with the Attorney General, shall— 

5 ‘‘(1) ensure the consistent application of guid6 ance for identifying baseline capabilities and oper7 ational standards that must be achieved by a fusion 

8 center to participate in the Network; and 

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

10 is mutually supportive of the role of fusion centers 

11 in the National Prevention Framework.’’; and 

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

13 striking ‘‘subsection (i)’’ and inserting ‘‘sub14 section (j)’’. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents in section 1(b) of such Act is amended by 

17 striking the item relating to such section and insert18 ing the following: 

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

Centers Initiative.’’. 

19 (b) MEMORANDUM OF UNDERSTANDING ON FUSION

20 CENTERS.— 

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

22 Homeland Security Act of 2002 (6 U.S.C. 121 et 

23 seq.) is amended by adding at the end the following: 


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1 ‘‘SEC. 210G. MEMORANDUM OF UNDERSTANDING ON FU2 SION CENTERS. 

3 ‘‘The Administrator of the Federal Emergency Man4 agement Agency shall enter into a memorandum of under5 standing with the Under Secretary for Intelligence and 

6 Analysis that delineates the roles and responsibilities of 

7 their respective organizations with respect to policy and 

8 guidance for fusion center-related expenditures with grant 

9 funds.’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents in section 1(b) of such Act is amended by add12 ing at the end of the items relating to such subtitle 

13 the following: 

‘‘Sec. 21GA. Memorandum of understanding on fusion centers.’’. 

14 SEC. 302. HOMELAND SECURITY INFORMATION SHARING 

15 NETWORKS DEVELOPMENT. 

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

17 the enactment of this Act, the Secretary of Homeland Se18 curity shall develop a comprehensive strategy for the co19 ordinated development and deployment of unclassified, 

20 sensitive but unclassified, and classified information shar21 ing computer networks of the Department of Homeland 

22 Security. 

23 (b) PLAN.— 

24 (1) IN GENERAL.—The strategy under sub25 section (a) shall include a comprehensive plan for 


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1 the further development, acquisition, and deploy2 ment, and continual operations of— 

3 (A) the Homeland Security Information 

4 Network; 

5 (B) the Homeland Secure Data Network; 

6 and 

7 (C) the Homeland Top Secret Network. 

8 (2) CONTENTS.—The plan shall include the fol9 lowing: 

10 (A) cost estimates for the further develop11 ment of the networks identified in paragraph 

12 (1); 

13 (B) development and acquisition schedules; 

14 (C) a schedule for the decommissioning the 

15 legacy C–LAN system and transition to the 

16 Homeland Top Secret Network; 

17 (D) a comprehensive list of systems re18 quirements that meet strategic goals and De19 partment-wide operational and analytical mis20 sion requirements; 

21 (E) a plan for standardizing and properly 

22 disseminating the networks across the Depart23 ment; 

24 (F) consideration for any homeland secu25 rity computer system or database not listed in 


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1 paragraph (1) that is currently in development 

2 or in operation in any component or office of 

3 the Department and that should be merged 

4 with or incorporated into one of the networks 

5 listed in paragraph (1) to eliminate redundancy, 

6 and a schedule for such merger or incorpora7 tion; and 

8 (G) a comprehensive plan for the coordi9 nated deployment of the systems listed in para10 graph (1), as considered appropriate by the 

11 Secretary, to— 

12 (i) the Department of Homeland Se13 curity Headquarters offices; 

14 (ii) the Department of Homeland Se15 curity component headquarters; 

16 (iii) the field elements of Department 

17 of Homeland Security components; 

18 (iv) the National Network of Fusion 

19 Centers; 

20 (v) State and local government enti21 ties; and 

22 (vi) other Federal departments and 

23 agencies. 

24 (c) REPORTING REQUIREMENT.—The Secretary shall 

25 report the strategy required by subsection (a) to the conVerDate Mar 15 2010 21:35 Oct 07, 2011 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H3116.IH H3116

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1 gressional homeland security committees within 30 days 

2 after it is completed. 

3 SEC. 303. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGE4 MENT AT THE DEPARTMENT OF HOMELAND 

5 SECURITY INTELLIGENCE ELEMENTS. 

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

7 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

8 section 845 the following: 

9 ‘‘SEC. 846. AUTHORITY TO ESTABLISH EXCEPTED SERVICE 

10 POSITIONS WITHIN THE INTELLIGENCE COM11 PONENTS OF THE DEPARTMENT OF HOME12 LAND SECURITY. 

13 ‘‘(a) AUTHORITY.—The Secretary of Homeland Secu14 rity may convert both unencumbered and encumbered 

15 competitive service positions, and the incumbents of any 

16 such positions, within the elements of the intelligence com17 munity within the Department of Homeland Security, to 

18 excepted service positions as the Secretary determines nec19 essary to carry out the intelligence functions of the De20 partment. 

21 ‘‘(b) INCUMBENTS.—Any incumbent currently occu22 pying a position selected to be converted to the excepted 

23 service under this section shall have the right to refuse 

24 such conversion. Once such individual no longer occupies 


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1 the position, the position may be converted to the excepted 

2 service.’’. 

3 (b) REPORTING.—The Secretary shall include infor4 mation, together with submission of the annual budget 

5 justification, on the following: 

6 (1) the challenge with filling vacancies of the 

7 positions referenced in subsection (a); 

8 (2) the extent to which the authority provided 

9 under subsection (a) was utilized to fill those posi10 tions; and 

11 (3) any impact that the exercise of that author12 ity had on diversity within the Department. 

13 (c) CLERICAL AMENDMENT.—The table of contents 

14 in section 1(b) of the Homeland Security Act of 2002 (6 

15 U.S.C. 101(b)) is amended by inserting after the item re16 lating to section 845 the following: 

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

17 TITLE IV—9/11 REVIEW 

18 COMMISSION 

19 SEC. 401. SHORT TITLE. 

20 This title may be cited as the ‘‘9/11 Review Commis21 sion Act’’. 

22 SEC. 402. ESTABLISHMENT. 

23 There is established in the legislative branch a Na24 tional Commission to Review the National Response Since 


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1 the Terrorist Attacks of September 11, 2001 (referred to 

2 as the ‘‘9/11 Review Commission’’). 

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

4 The 9/11 Review Commission shall conduct a com5 prehensive review of the implementation of the rec6 ommendations proposed in the report issued by the Na7 tional Commission on Terrorist Attacks Upon the United 

8 States (commonly known as the ‘‘9/11 Commission’’), as 

9 established pursuant to section 601 of the Intelligence Au10 thorization Act for Fiscal Year 2003 (Public Law 107– 

11 306). The review of the 9/11 Review Commission shall— 

12 (1) assess the progress and challenges in car13 rying out the recommendations of the 9/11 Commis14 sion, including any relevant legislation, Executive 

15 order, regulation, plan, policy, practice, or procedure 

16 implemented since the attacks of September 11, 

17 2001; 

18 (2) analyze the trends of domestic terror at19 tacks since the attacks of September 11, 2001, in20 cluding the growing influence of domestic radicaliza21 tion and its causes, and recommendations on how 

22 Federal, State, and local agencies can deter and 

23 mitigate such radicalization; 

24 (3) investigate whether there exists evidence 

25 that was not considered by the 9/11 Commission of 


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1 any conduct, relationships, or other factors which 

2 served in any manner to contribute to, facilitate, 

3 support, or assist the hijackers who carried out the 

4 terrorist attacks of September 11, 2001; and 

5 (4) provide additional recommendations with re6 gard to protecting United States homeland security, 

7 ensuring interagency intelligence sharing, and other 

8 matters relating to counterterrorism policy. 

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

10 The 9/11 Review Commission shall be composed of 

11 a chairman, to be appointed by the Speaker of the House 

12 of Representatives, and a vice chairman, to be appointed 

13 by the Majority Leader of the Senate. 

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

15 (a) HEARINGS AND EVIDENCE.—The 9/11 Review 

16 Commission, or any panel acting on the authority of the 

17 9/11 Review Commission, may— 

18 (1) hold hearings, take testimony, receive evi19 dence, and administer oaths; and 

20 (2) subject to subsection (b)(1), require, by sub21 poena or otherwise, the attendance and testimony of 

22 such witnesses and the production of such books, 

23 records, correspondence, memoranda, electronic com24 munications, papers, and documents, as the 9/11 


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1 Review Commission or such designated panel may 

2 determine advisable. 

3 (b) SUBPOENA AUTHORITY.— 

4 (1) ISSUANCE.—Upon the agreement of the 

5 chairman and the vice chairman, the chairman may 

6 issue a subpoena to compel the production of docu7 ments or sworn testimony. 

8 (2) PROCESS.—Subpoenas issued pursuant to 

9 this subsection shall be signed by the chairman or 

10 any person designated by the chairman, and may be 

11 served by any person designated by the chairman. 

12 (3) ENFORCEMENT.— 

13 (A) IN GENERAL.—In the event that any 

14 person fails to obey a subpoena issued pursuant 

15 to paragraph (1), the United States district 

16 court for the judicial district in which the sub17 poenaed person resides, is served, or may be 

18 found, or where the subpoena is returnable, 

19 may issue an order requiring such person to ap20 pear at any designated place to testify or to 

21 produce documentary or other evidence. Any 

22 person failing to obey the order of the court 

23 may be held in contempt of the court. 

24 (B) ADDITIONAL ENFORCEMENT.—In the 

25 case of any failure of any witness to comply 


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1 with any subpoena or to testify when sum2 moned under authority of this section, the 

3 chairman may certify a statement of fact con4 stituting such failure to the appropriate United 

5 States attorney, who may bring the matter be6 fore the grand jury for its action, under the 

7 same statutory authority and procedures as if 

8 the United States attorney had received a cer9 tification under sections 102 through 104 of the 

10 Revised Statutes of the United States (2 U.S.C. 

11 192–194). 

12 (c) INFORMATION FROM FEDERAL AGENCIES.— 

13 (1) IN GENERAL.—The 9/11 Review Commis14 sion is authorized to secure directly from any execu15 tive department, bureau, agency, board, commission, 

16 office, independent establishment, or instrumentality 

17 of the Government, information, suggestions, esti18 mates, and statistics for the purposes of this title. 

19 Each such department, bureau, agency, board, com20 mission, office, independent establishment, or instru21 mentality shall, to the extent authorized by law, fur22 nish such information, suggestions, estimates, and 

23 statistics directly to the 9/11 Review Commission, 

24 upon request made by the chairman or the vice 

25 chairman. 


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1 (2) RECEIPT, HANDLING, STORAGE, AND DIS2 SEMINATION.—Information shall only be received, 

3 handled, stored, and disseminated by the 9/11 Re4 view Commission, including its staff, in accordance 

5 with all applicable statutes, regulations, and Execu6 tive orders. 

7 (d) ADVISORY PANELS.—The chairman may estab8 lish advisory panels composed of individuals, including 

9 such experts as the chairman determines appropriate, who 

10 may undertake investigations, evaluate evidence, make 

11 findings, and provide recommendations to the 9/11 Review 

12 Commission. 

13 (e) CONTRACTING.—The 9/11 Review Commission 

14 may, to such extent and in such amounts as are provided 

15 in by appropriations, enter into contracts to enable the 

16 Commission to discharge its duties under this title. 

17 (f) ASSISTANCE FROM FEDERAL AGENCIES.— 

18 (1) GENERAL SERVICES ADMINISTRATION.— 

19 The Administrator of General Services shall provide 

20 to the 9/11 Review Commission, on a reimbursable 

21 basis, administrative support and other services for 

22 the performance of the 9/11 Review Commission’s 

23 functions. 

24 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

25 addition to the assistance prescribed in paragraph 


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1 (1), the heads of Federal departments and agencies 

2 may provide to the 9/11 Review Commission such 

3 services, funds, facilities, staff, and other support 

4 services as such heads may determine advisable and 

5 as may be authorized by law. 

6 (g) POSTAL SERVICES.—The 9/11 Review Commis7 sion may use the United States mails in the same manner 

8 and under the same conditions as Federal departments 

9 and agencies. 

10 SEC. 406. COMPENSATION. 

11 The chairman and vice chairman of the 9/11 Review 

12 Commission may receive compensation in an amount not 

13 to exceed the daily equivalent of the annual rate of basic 

14 pay in effect for a position at level IV of the Executive 

15 Schedule under section 5315 of title 5, United States 

16 Code, for each day during which the chairman or vice 

17 chairman, as the case may be, is engaged in the actual 

18 performance of the duties of the 9/11 Review Commission. 

19 SEC. 407. APPOINTMENT OF STAFF. 

20 (a) IN GENERAL.—The chairman, in consultation 

21 with the vice chairman and in accord with any rule agreed 

22 upon by the 9/11 Review Commission, may appoint and 

23 fix the compensation of a staff director and such other 

24 personnel as may be necessary to enable the 9/11 Review 

25 Commission to carry out its functions, without regard to 


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1 the provisions of title 5, United States Code, governing 

2 appointments in the competitive service, and without re3 gard to the provisions of chapter 51 and subchapter III 

4 of chapter 53 of such title relating to classification and 

5 General Schedule pay rates, except that no rate of pay 

6 fixed under this subsection may exceed the equivalent of 

7 that payable for a position at level V of the Executive 

8 Schedule under section 5316 of title 5, United States 

9 Code. 

10 (b) TRAVEL EXPENSES.—While away from their 

11 homes or regular places of business in the performance 

12 of services for the 9/11 Review Commission, members and 

13 staff of the Commission shall be allowed travel expenses, 

14 including per diem in lieu of subsistence, in the same man15 ner as persons employed intermittently in the Government 

16 service are allowed expenses under section 5703(b) of title 

17 5, United States Code. 

18 (c) STAFF AS FEDERAL EMPLOYEES.— 

19 (1) IN GENERAL.—Any staff receiving com20 pensation under this section shall be employees 

21 under section 2105 of title 5, United States Code, 

22 for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 

23 and 90 of such title. 


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1 (2) MEMBERS OF COMMISSION.—Paragraph (1) 

2 shall not be construed to apply to the chairman or 

3 vice chairman. 

4 (d) DETAILEES.—Any Federal Government employee 

5 may be detailed to the 9/11 Review Commission without 

6 reimbursement from the 9/11 Review Commission, and 

7 such detailee shall retain the rights, status, and privileges 

8 of his or her regular employment without interruption. 

9 (e) CONSULTANT SERVICES.—The 9/11 Review Com10 mission is authorized to procure the services of experts 

11 and consultants in accordance with section 3109 of title 

12 5, United States Code, but at rates not to exceed the daily 

13 rate paid to a person occupying a position at level IV of 

14 the Executive Schedule under section 5315 of title 5, 

15 United States Code. 

16 SEC. 408. SECURITY CLEARANCES FOR COMMISSION MEM17 BERS AND STAFF. 

18 The appropriate Federal agencies or departments 

19 shall provide to the 9/11 Review Commission, to the extent 

20 possible, personnel with appropriate security clearances. 

21 No person shall be provided with access to classified infor22 mation under this title without the appropriate security 

23 clearances. 


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1 SEC. 409. NONAPPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT. 

3 (a) IN GENERAL.—The Federal Advisory Committee 

4 Act (5 U.S.C. App.) shall not apply to the 9/11 Review 

5 Commission. 

6 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC

7 VERSIONS OF REPORTS.—The 9/11 Review Commission 

8 shall— 

9 (1) hold public hearings and meetings to the ex10 tent appropriate; and 

11 (2) release public versions of the reports re12 quired under this title. 

13 (c) PUBLIC HEARINGS.—Any public hearings of the 

14 9/11 Review Commission shall be conducted in a manner 

15 consistent with the protection of information provided to 

16 or developed for or by the 9/11 Review Commission as re17 quired by any applicable statute, regulation, or Executive 

18 order. 

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

20 (a) INTERIM REPORTS.—The 9/11 Review Commis21 sion may submit to the President and provide to Congress 

22 interim reports containing its findings, conclusions, and 

23 recommendations, and may submit with such reports any 

24 classified annexes. 

25 (b) FINAL REPORT.—Not later than 12 months after 

26 the date of the enactment of this Act, the 9/11 Review 


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1 Commission shall submit to the President and appropriate 

2 congressional committees (as such term is defined in sec3 tion 101 of the Homeland Security Act of 2002 (6 U.S.C. 

4 101)) a final report, together with a classified annex if 

5 such is determined appropriate, containing such findings, 

6 conclusions, and recommendations for corrective measures 

7 as have been agreed to by the chairman and vice chair8 man. 

9 (c) TERMINATION.— 

10 (1) IN GENERAL.—The 9/11 Review Commis11 sion, and all the authorities of this title, shall termi12 nate 30 days after the date on which the final report 

13 is submitted under subsection (b). 

14 (2) ADMINISTRATIVE ACTIVITIES BEFORE TER15 MINATION.—The 9/11 Review Commission may use 

16 the 30-day period referred to in paragraph (1) for 

17 the purpose of concluding its activities, including 

18 providing testimony to Congress concerning its re19 ports and disseminating the final report. 

20 SEC. 411. FUNDING. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated $1,000,000 to carry out this 

23 title. 

24 (b) DURATION OF AVAILABILITY.—Amounts made 

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1 tion shall remain available until the termination of the 9/ 

2 11 Review Commission. 

3 TITLE V—PREPAREDNESS AND 

4 RESPONSE 

5 Subtitle A—WMD Preparedness 

6 and Response 

7 SEC. 501. HOMELAND SECURITY BIODEFENSE STRATEGY. 

8 (a) BIODEFENSE REVIEW AND STRATEGY.— 

9 (1) IN GENERAL.—The Homeland Security Act 

10 of 2002 (6 U.S.C. 101 et seq.) is amended by add11 ing at the end the following new title: 

12 ‘‘TITLE XXI—WEAPONS OF MASS 

13 DESTRUCTION 

14 ‘‘SEC. 2101. BIODEFENSE STRATEGY. 

15 ‘‘(a) IN GENERAL.—The Secretary shall issue, at 

16 least once every four years, a biodefense strategy that es17 tablishes detailed strategic biodefense objectives for the 

18 Department’s mission areas. 

19 ‘‘(b) COMPONENTS.—The strategy shall— 

20 ‘‘(1) delineate those areas of biodefense for 

21 which the Department is explicitly responsible; 

22 ‘‘(2) include an inventory of the Department’s 

23 biodefense capabilities and assets; 

24 ‘‘(3) be sufficiently detailed to guide 

25 prioritization of Department investments in and 


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1 strategic approach to biodefense-related research, 

2 development, planning, and preparedness; and 

3 ‘‘(4) include an implementation plan to enable 

4 the Department to carry out the objectives contained 

5 in the strategy. 

6 ‘‘(c) ANNUAL REVIEW.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall annu8 ally review the most recent biodefense strategy under 

9 this section to determine any necessary major ad10 justments to the strategy. 

11 ‘‘(2) CONSIDERATION OF BIODEFENSE POL12 ICY.—Each review shall— 

13 ‘‘(A) identify continuing gaps or 

14 vulnerabilities in the Department’s biodefense 

15 posture; 

16 ‘‘(B) make recommendations for refining 

17 the Department’s biodefense investments; and 

18 ‘‘(C) include a detailed analysis of how well 

19 the implementation plan included in the most 

20 recent biodefense strategy is allowing the De21 partment to meet the objectives of the bio22 defense strategy, with special emphasis on 

23 unmet objectives and proposed mechanisms to 

24 eliminate shortfalls in meeting those objectives, 


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1 through budgetary, management, or other re2 finements. 

3 ‘‘SEC. 2102. SUBMISSIONS TO CONGRESS. 

4 ‘‘The Secretary shall submit each biodefense strategy 

5 and annual biodefense strategy review under this title to 

6 the appropriate congressional committees.’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents in section 1(b) of such Act is amended by add9 ing at the end the following: 

‘‘TITLE XXI—WEAPONS OF MASS DESTRUCTION 

‘‘Sec. 2101. Biodefense strategy. 

‘‘Sec. 2102. Submissions to Congress.’’. 

10 (b) DEADLINE FOR FIRST STRATEGY.—The Sec11 retary of Homeland Security shall complete the first bio12 defense strategy under section 2101 of the Homeland Se13 curity Act of 2002, as amended by this section, by not 

14 later than one year after the date of enactment of this 

15 Act. 

16 SEC. 502. WEAPONS OF MASS DESTRUCTION INTELLIGENCE 

17 AND INFORMATION SHARING. 

18 (a) IN GENERAL.—Title XXI of the Homeland Secu19 rity Act of 2002, as added by section 501 of this Act, is 

20 amended by adding at the end the following: 


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1 ‘‘SEC. 2103. WEAPONS OF MASS DESTRUCTION INTEL2 LIGENCE AND INFORMATION SHARING. 

3 ‘‘(a) IN GENERAL.—The Office of Intelligence and 

4 Analysis of the Department shall— 

5 ‘‘(1) support homeland security-focused intel6 ligence analysis of terrorist actors, their claims, and 

7 their plans to conduct attacks involving chemical, bi8 ological, radiological, and nuclear materials against 

9 the Nation; 

10 ‘‘(2) support homeland security-focused intel11 ligence analysis of global infectious disease, public 

12 health, food, agricultural, and veterinary issues; 

13 ‘‘(3) support homeland-security focused risk 

14 analysis and risk assessments of the homeland secu15 rity hazards described in paragraphs (1) and (2) by 

16 providing relevant quantitative and nonquantitative 

17 threat information; 

18 ‘‘(4) leverage existing and emerging homeland 

19 security capabilities and structures to enhance pre20 vention, protection, response, and recovery efforts 

21 with respect to a chemical, biological, radiological, or 

22 nuclear attack; 

23 ‘‘(5) share information and provide tailored an24 alytical support on these threats to State, local, and 

25 tribal authorities; and 


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1 ‘‘(6) perform other responsibilities, as assigned 

2 by the Secretary. 

3 ‘‘(b) COORDINATION.—Where appropriate, the Office 

4 of Intelligence and Analysis shall— 

5 ‘‘(1) coordinate with other relevant Department 

6 components; 

7 ‘‘(2) consult with others in the Intelligence 

8 Community, including State, local, and tribal au9 thorities, in particular officials from high-threat 

10 areas; and 

11 ‘‘(3) enable such entities to provide rec12 ommendations on optimal information sharing mech13 anisms, including expeditious sharing of classified 

14 information, and on how they can provide informa15 tion to the Department. 

16 ‘‘(c) REPORT.— 

17 ‘‘(1) IN GENERAL.—Not later than one year 

18 after the date of the enactment of this section and 

19 annually thereafter, the Secretary shall report to the 

20 appropriate congressional committees on— 

21 ‘‘(A) the intelligence and information shar22 ing activities under subsection (a) and of all rel23 evant entities within the Department to counter 

24 the threat from weapons of mass destruction; 

25 and 


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1 ‘‘(B) the Department’s activities in accord2 ance with relevant intelligence strategies. 

3 ‘‘(2) ASSESSMENT OF IMPLEMENTATION.—The 

4 report shall include— 

5 ‘‘(A) a description of methods established 

6 to assess progress of the Office of Intelligence 

7 and Analysis in implementing this section; and 

8 ‘‘(B) such assessment.’’. 

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

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

11 at the end of the items relating to such title the following: 

‘‘Sec. 2103. Weapons of mass destruction intelligence and information sharing.’’. 

12 SEC. 503. RISK ASSESSMENTS. 

13 (a) IN GENERAL.—Title XXI of the Homeland Secu14 rity Act of 2002, as added by section 501 of this Act, is 

15 amended by adding at the end the following: 

16 ‘‘SEC. 2104. RISK ASSESSMENTS. 

17 ‘‘(a) IN GENERAL.—The Secretary, acting through 

18 the Under Secretary for Science and Technology and in 

19 coordination with relevant Department components and 

20 other appropriate Federal departments and agencies, 

21 shall— 

22 ‘‘(1) produce and update periodically a ter23 rorism risk assessment of chemical, biological, radio24 logical, and nuclear threats; and 


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1 ‘‘(2) produce and update periodically an inte2 grated terrorism risk assessment that assesses all of 

3 those threats and compares them against one an4 other according to their relative risk. 

5 ‘‘(b) METHODOLOGY.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall— 

7 ‘‘(A) convene an interagency task force of 

8 relevant subject matter experts to assess the 

9 proposed methodology to be used for assess10 ments required under subsection (a), and to 

11 provide recommendations to the Secretary as to 

12 the adequacy of such methodology; 

13 ‘‘(B) conduct sensitivity analysis on each 

14 assessment to identify and prioritize research 

15 activities to close knowledge gaps; and 

16 ‘‘(C) consider the evolving threat from an 

17 intelligent adversary. 

18 ‘‘(2) INCLUSION IN ASSESSMENT.—Each assess19 ment under subsection (a) shall include a description 

20 of the methodology used for the assessment. 

21 ‘‘(c) USAGE.—The assessments required under sub22 section (a) shall be used to inform and guide risk manage23 ment decisions, including— 

24 ‘‘(1) the threat assessments and determinations 

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1 ant to section 319F–2 of the Public Health Service 

2 Act; 

3 ‘‘(2) allocation of resources for research and de4 velopment for prevention of, protection against, re5 sponse to, and recovery from a chemical, biological, 

6 radiological, or nuclear attack; 

7 ‘‘(3) prioritization of medical countermeasure 

8 research, development, acquisition, and distribution 

9 activities and other national strategic biodefense re10 search; 

11 ‘‘(4) tailored risk assessments and risk mitiga12 tion studies, as appropriate, on topics such as radio13 logical materials security or the economic risks of a 

14 biological attack; and 

15 ‘‘(5) other homeland security activities as deter16 mined appropriate by the Secretary and the heads of 

17 other agencies. 

18 ‘‘(d) INPUT AND SHARING.—The Secretary shall, for 

19 each assessment required under subsection (a)— 

20 ‘‘(1) seek input from Federal, State, local, and 

21 tribal officials involved in efforts to prevent, protect 

22 against, respond to, and recover from chemical, bio23 logical, radiological, and nuclear threats; 

24 ‘‘(2) ensure that written procedures are in place 

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1 ments through coordinated efforts of relevant Fed2 eral agencies; 

3 ‘‘(3) share the risk assessments with Federal, 

4 State, local and tribal officials with appropriate se5 curity clearances and a need for the information in 

6 the classified version; and 

7 ‘‘(4) to the extent practicable, make available 

8 an unclassified version for Federal, State, local, and 

9 tribal officials involved in prevention and prepared10 ness for chemical, biological, radiological, and nu11 clear events.’’. 

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

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

14 at the end of the items relating to such title the following: 

‘‘Sec. 2104. Risk Assessments.’’. 

15 SEC. 504. INDIVIDUAL AND COMMUNITY PREPAREDNESS. 

16 (a) INDIVIDUAL AND COMMUNITY PREPAREDNESS.— 

17 Title V of the Homeland Security Act of 2002 (6 U.S.C. 

18 311 et seq.) is amended by adding at the end the fol19 lowing: 

20 ‘‘SEC. 526. INDIVIDUAL AND COMMUNITY PREPAREDNESS. 

21 ‘‘(a) IN GENERAL.—The Administrator shall assist 

22 State, local, and tribal authorities in improving and pro23 moting individual and community preparedness and collec24 tive response to weapons of mass destruction and terrorist 


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1 attacks involving chemical, biological, radiological, and nu2 clear materials against the United States, by— 

3 ‘‘(1) developing guidance and checklists of rec4 ommended actions for individual and community 

5 prevention and preparedness efforts and dissemi6 nating such guidance and checklists to communities 

7 and individuals; 

8 ‘‘(2) updating new and existing guidance and 

9 checklists as appropriate; 

10 ‘‘(3) disseminating the guidance developed 

11 under section 510 to communities and individuals, 

12 as appropriate; 

13 ‘‘(4) providing information and training mate14 rials in support of individual and community pre15 paredness efforts; 

16 ‘‘(5) conducting individual and community pre17 paredness outreach efforts; and 

18 ‘‘(6) such other actions as the Secretary deter19 mines appropriate. 

20 ‘‘(b) COORDINATION.—Where appropriate, the Sec21 retary shall coordinate with private sector and nongovern22 mental organizations to promote individual and commu23 nity preparedness and collective response to weapons of 

24 mass destruction and terrorist attacks involving chemical, 


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1 biological, radiological, and nuclear materials against the 

2 United States. 

3 ‘‘(c) BEST PRACTICES.—In compiling guidance for 

4 individual and community preparedness in order to carry 

5 out subsection (a)(4), the Secretary shall give due regard 

6 to best practices based on the experience of other agencies 

7 and countries and the expertise of academic institutions 

8 and nongovernmental organizations.’’. 

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

10 in section 1(b) of the Homeland Security Act of 2002 (6 

11 U.S.C. 101 et seq.) is further amended by adding at the 

12 end of the items relating to such title he following: 

‘‘Sec. 526. Individual and community preparedness.’’. 

13 SEC. 505. DETECTION OF BIOLOGICAL THREATS. 

14 (a) IN GENERAL.—Title XXI of the Homeland Secu15 rity Act of 2002, as added by section 501 of this Act, is 

16 further amended by adding at the end the following: 

17 ‘‘SEC. 2105. DETECTION OF BIOLOGICAL ATTACKS. 

18 ‘‘(a) PROGRAM.—The Secretary shall carry out a pro19 gram to detect a biological attack or event that poses a 

20 high risk to homeland security. Through such program, 

21 the Secretary shall— 

22 ‘‘(1) deploy detection capabilities to areas, 

23 based on risks identified by Department assess24 ments, to indicate the presence of biological agents; 


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1 ‘‘(2) consider multiple deployment strategies in2 cluding surge capability; 

3 ‘‘(3) provide information to participating lab4 oratories and programs for their use in monitoring 

5 public health, and biological material or other data 

6 from those detectors to participating laboratories 

7 and programs for testing and evaluation; 

8 ‘‘(4) regularly communicate with, and provide 

9 information about the presence of biological agents 

10 to, appropriate Federal, State, and local agencies re11 sponsible for public health, law enforcement, and 

12 emergency services, in a manner that ensures trans13 parency with the governments served by such per14 sonnel; 

15 ‘‘(5) provide advanced planning tools, concepts 

16 of operations (including alarm resolution protocols 

17 and response guidance), and training exercises (in18 cluding in collaboration with relevant national level 

19 exercises) for collective response to and recovery 

20 from biological attacks; and 

21 ‘‘(6) provide technical assistance to jurisdictions 

22 hosting the program to improve their ability to re23 spond to a detected pathogen. 

24 ‘‘(b) PROGRAM REQUIREMENTS.—Under the pro25 gram required under subsection (a), the Secretary shall— 


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1 ‘‘(1) enter into memoranda of agreement or 

2 interagency agreements under the Economy Act of 

3 1933 (31 U.S.C. 1535 et seq.) with the Director of 

4 the Centers of Disease Control and Prevention and 

5 the Administrator of the Environmental Protection 

6 Agency, and the heads of other Federal departments 

7 and agencies, setting forth roles and responsibilities, 

8 including with respect to validating performance and 

9 developing testing protocols for participating labora10 tories and coordination with appropriate State, local, 

11 and tribal agencies; 

12 ‘‘(2) establish criteria for determining whether 

13 plans for biological detector capabilities and coverage 

14 sufficiently protect the United States population, 

15 and make such determinations on an annual basis; 

16 ‘‘(3) acting through the Under Secretary for 

17 Science and Technology, and in consultation with 

18 the heads of other relevant departments and agen19 cies, implement a process for establishing assay per20 formance standards and evaluation for equivalency 

21 for biological threat assays, that— 

22 ‘‘(A) evaluates biological threat detection 

23 assays, their protocols for use, and their associ24 ated response algorithms for confirmation of bi25 ological threat agents, taking performance 


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1 measures and concepts of operation into consid2 eration; 

3 ‘‘(B) develops peer-reviewed assay perform4 ance and equivalency standards based on the 

5 findings of the evaluation under subparagraph 

6 (A); 

7 ‘‘(C) requires implementation of the stand8 ards developed under subparagraph (B) for all 

9 Department biological detection programs; 

10 ‘‘(D) makes such standards available and 

11 promotes their use to support all other Federal 

12 biological detection programs; and 

13 ‘‘(E) is updated as necessary; and 

14 ‘‘(4) prior to acquiring and deploying biodetec15 tion technology, require— 

16 ‘‘(A) a cost-benefit analysis, including an 

17 analysis of alternatives, that shall be informed 

18 by the terrorism risk assessments under section 

19 503; 

20 ‘‘(B) operational testing and evaluation; 

21 and 

22 ‘‘(C) operational assessment by the end 

23 users of the technology. 


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1 ‘‘(c) CONTRACT AUTHORITY.—The Secretary may 

2 enter into contracts with participating laboratories and 

3 programs for— 

4 ‘‘(1) the provision of laboratory services or 

5 other biosurveillance activities as appropriate for 

6 purposes of this section on a fee-for-service basis or 

7 on a prepayment or other similar basis; and 

8 ‘‘(2) administrative and other costs related to 

9 hosting program personnel and equipment in these 

10 laboratories or programs. 

11 ‘‘(d) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘participating laboratory’ means 

13 a laboratory that has been accepted as a member of 

14 the Laboratory Response Network for Bioterrorism 

15 that— 

16 ‘‘(A) is fully equipped to detect and re17 spond quickly to acts of biological terrorism; 

18 ‘‘(B) provides biocontainment and micro19 biological analysis in support of the Department 

20 and relevant law enforcement agencies with re21 sponsibilities for investigating biological inci22 dents; and 

23 ‘‘(C) supports threat agent characteriza24 tion studies and assay evaluation, research and 

25 development. 


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1 ‘‘(2) The term ‘assay’ means any scientific test 

2 that is designed to detect the presence of a biological 

3 threat agent that is of a type selected under criteria 

4 established by the Secretary.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

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

7 at the end of the items relating to such title the following: 

‘‘Sec. 2105. Detection of biological attacks.’’. 

8 SEC. 506. RAPID BIOLOGICAL THREAT DETECTION AND 

9 IDENTIFICATION AT PORTS OF ENTRY. 

10 (a) IN GENERAL.—Title XXI of the Homeland Secu11 rity Act of 2002, as added by section 501 of this Act, is 

12 further amended by adding at the end the following: 

13 ‘‘SEC. 2106. RAPID BIOLOGICAL THREAT DETECTION AND 

14 IDENTIFICATION AT PORTS OF ENTRY. 

15 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se16 curity shall require the Under Secretary for Science and 

17 Technology, in consultation with the heads of other rel18 evant operational components of the Department of 

19 Homeland Security, to assess whether the development of 

20 technological screening capabilities for biological agents, 

21 pandemic influenza, and other infectious diseases should 

22 be undertaken by the Science and Technology Directorate 

23 to support entry and exit screening at ports of entry and 

24 for other homeland security purposes. 


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1 ‘‘(b) DEVELOPMENT OF METHODS.—If the Under 

2 Secretary determines that the development of such screen3 ing capabilities should be undertaken, the Secretary shall, 

4 to the extent possible, initiate development of safe and ef5 fective methods to— 

6 ‘‘(1) rapidly screen incoming persons at ports of 

7 entry for biological agents, pandemic influenza, and 

8 other infectious diseases; and 

9 ‘‘(2) obtain results of such screening near the 

10 point of entry.’’. 

11 SEC. 507. COMMUNICATIONS PLANNING. 

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

13 Act of 2002 (6 U.S.C. 311 et seq.) is further amended 

14 by adding at the end the following: 

15 ‘‘SEC. 527. COMMUNICATIONS PLANNING. 

16 ‘‘(a) COMMUNICATIONS PLAN.— 

17 ‘‘(1) IN GENERAL.—The Administrator shall 

18 develop a communications plan designed to provide 

19 information to the public related to preventing, pro20 tecting against, responding to, and recovering from 

21 chemical, biological, radiological, and nuclear at22 tacks. 

23 ‘‘(2) PRE-SCRIPTED MESSAGES AND MESSAGE

24 TEMPLATES.— 


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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall develop and disseminate, through the Fed3 eral Emergency Management Agency, a public 

4 alerts and warnings system, and prescripted 

5 messages and message templates to be provided 

6 to State, local, and tribal authorities so that 

7 those authorities can quickly and rapidly dis8 seminate critical information to the public in 

9 anticipation of, during, or in the immediate 

10 aftermath of a chemical, biological, radiological, 

11 or nuclear attack, and to be included in the De12 partment of Homeland Security’s lessons 

13 learned information sharing system. 

14 ‘‘(B) DEVELOPMENT AND DESIGN.—The 

15 pre-scripted messages or message templates 

16 shall— 

17 ‘‘(i) be developed in consultation with 

18 State, local, and tribal authorities and in 

19 coordination with other appropriate Fed20 eral departments and agencies; 

21 ‘‘(ii) be designed to provide accurate, 

22 essential, and appropriate information and 

23 instructions to the population directly af24 fected by an incident, including informa25 tion regarding an evacuation, sheltering in 


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1 place, hospital surge operations, health, 

2 and safety; 

3 ‘‘(iii) be designed to provide accurate, 

4 essential, and appropriate information and 

5 instructions to emergency response pro6 viders and medical personnel responding to 

7 an incident; and 

8 ‘‘(iv) include direction for the coordi9 nation of Federal, State, local, and tribal 

10 communications teams. 

11 ‘‘(C) COMMUNICATIONS FORMATS.—The 

12 Administrator shall develop pre-scripted mes13 sages or message templates under this para14 graph in multiple formats to ensure delivery— 

15 ‘‘(i) in cases where the usual commu16 nications infrastructure is unusable; and 

17 ‘‘(ii) to individuals with disabilities or 

18 other special needs and individuals with 

19 limited English proficiency. 

20 ‘‘(D) DISSEMINATION AND TECHNICAL AS21 SISTANCE.—The Administrator shall ensure 

22 that all pre-scripted messages and message 

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1 porate them, as appropriate, into their emer2 gency plans. The Administrator shall also make 

3 available relevant technical assistance to those 

4 authorities to support communications plan5 ning. 

6 ‘‘(E) EXERCISES.—To ensure that the pre7 scripted messages or message templates devel8 oped under this paragraph can be effectively 

9 utilized in a disaster or incident, the Adminis10 trator shall incorporate Federal, State, local, 

11 and tribal communications teams that deliver 

12 such pre-scripted messages or message tem13 plates into exercises, including those conducted 

14 under the National Exercise Program. 

15 ‘‘(b) TERRORISM THREAT AWARENESS.— 

16 ‘‘(1) TERRORISM THREAT AWARENESS.—The 

17 Secretary, in consultation with the heads of appro18 priate Federal departments and agencies, shall for 

19 purposes of preparedness and collective response to 

20 terrorism and for other purposes— 

21 ‘‘(A) ensure that homeland security infor22 mation concerning terrorist threats is provided 

23 to State, local, and tribal authorities and the 

24 public within the United States, as appropriate; 

25 and 


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1 ‘‘(B) establish a process to optimize oppor2 tunities for qualified heads of State, local, and 

3 tribal government entities to obtain appropriate 

4 security clearances so that they may receive 

5 classified threat information when appropriate. 

6 ‘‘(2) THREAT BULLETINS.— 

7 ‘‘(A) IN GENERAL.—Consistent with the 

8 requirements of paragraph (1), the Secretary 

9 shall, on a timely basis, prepare unclassified 

10 threat bulletins on chemical, biological, radio11 logical, and nuclear threats. 

12 ‘‘(B) REQUIREMENTS.—Each assessment 

13 required under subparagraph (A) shall— 

14 ‘‘(i) include guidance to the public for 

15 preventing and responding to acts of ter16 rorism arising from such threats; and 

17 ‘‘(ii) be made available on the Internet 

18 Web site of the Department and other 

19 publicly accessible Internet Web sites, com20 munication systems, and information net21 works. 

22 ‘‘(3) GUIDANCE TO STATE, LOCAL, AND TRIBAL

23 AUTHORITIES.—The Secretary, using information 

24 provided by the terrorism risk assessments required 


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1 under section 2104 and other threat assessments 

2 available to the Department— 

3 ‘‘(A) shall provide to State, local, and trib4 al authorities written guidance on commu5 nicating terrorism-related threats and risks to 

6 the public within their jurisdictions; and 

7 ‘‘(B) shall identify the governmental ra8 tionale for identifying particular communities 

9 as being at heightened risk of exploitation.’’. 

10 (b) REPORT.—Not later than one year after the date 

11 of the enactment of this Act, the Administrator shall sub12 mit to the appropriate congressional committees the com13 munications plans required to be developed under the 

14 amendments made by subsection (a), including pre15 scripted messages or message templates developed in con16 junction with the plans and a description of the means 

17 that will be used to deliver these messages during such 

18 incidents. 

19 (c) CLERICAL AMENDMENT.—The table of contents 

20 in section 1(b) of such Act is further amended by adding 

21 at the end of the items relating to such title the following 

22 new item: 

‘‘Sec. 527. Communications planning.’’. 


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1 SEC. 508. RESPONSE GUIDELINES CONCERNING WEAPONS 

2 OF MASS DESTRUCTION. 

3 (a) ESTABLISHMENT OF VOLUNTARY GUIDANCE.— 

4 Not later than one year after the date of the enactment 

5 of this Act, the Secretary of Homeland Security, in con6 sultation with the heads of other relevant Federal depart7 ments and agencies, shall— 

8 (1) develop for police, fire, emergency medical 

9 services, emergency management, and medical and 

10 public health personnel, voluntary guidance for re11 sponding to chemical, biological, radiological, or nu12 clear attacks; 

13 (2) make such guidance available to State, 

14 local, and tribal authorities, educational institutions, 

15 nongovernmental organizations, the private sector, 

16 and the public; and 

17 (3) in developing the guidance under paragraph 

18 (1)— 

19 (A) review the experiences of other coun20 tries and the expertise of academic institutions 

21 and nongovernmental organizations; and 

22 (B) consider the unique needs of children 

23 and other vulnerable populations. 

24 (b) CONTENTS.—The guidance developed under sub25 section (a)(1) shall be voluntary, risk-based guidance that 

26 shall include— 


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1 (1) protective action guidance for ensuring the 

2 security, health, and safety of emergency response 

3 providers and their families and household contacts; 

4 (2) specific information regarding the effects of 

5 the chemical, biological, radiological, or nuclear ma6 terial on those exposed to the agent; and 

7 (3) best practices for emergency response pro8 viders to effectively diagnose, handle, and otherwise 

9 manage individuals affected by an incident involving 

10 chemical, biological, radiological, or nuclear material. 

11 (c) REVIEW AND REVISION OF GUIDANCE.—The Sec12 retary shall— 

13 (1) review the guidance developed under sub14 section (a)(1) at least once every 2 years; 

15 (2) make revisions to the guidance as appro16 priate; and 

17 (3) make any revised guidance available to 

18 State, local, and tribal authorities, nongovernmental 

19 organizations, the private sector, and the public. 

20 (d) PROCEDURES FOR DEVELOPING AND REVISING

21 GUIDANCE.—In carrying out the requirements of this sec22 tion, the Secretary shall establish procedures to— 

23 (1) enable members of the first responder and 

24 first provider community to submit recommendations 


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1 of areas in which guidance is needed and could be 

2 developed under subsection (a)(1); 

3 (2) determine which entities should be consulted 

4 in developing or revising the guidance; 

5 (3) prioritize, on a regular basis, guidance that 

6 should be developed or revised; and 

7 (4) develop and disseminate the guidance in ac8 cordance with the prioritization under paragraph 

9 (3). 

10 SEC. 509. PLUME MODELING. 

11 (a) IN GENERAL.—Title XXI of the Homeland Secu12 rity Act of 2002, as added by section 501 of this Act, is 

13 further amended by adding at the end the following: 

14 ‘‘SEC. 2107. PLUME MODELING. 

15 ‘‘(a) DEVELOPMENT.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall ac17 quire, use, and disseminate the best available inte18 grated plume models to enable rapid response activi19 ties following a chemical, biological, nuclear, or radi20 ological attack or event. 

21 ‘‘(2) SCOPE.—The Secretary shall— 

22 ‘‘(A) identify Federal, State, and local 

23 needs regarding plume models and ensure the 

24 rapid development and distribution of inte25 grated plume models that meet those needs to 


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1 appropriate officials of the Federal Government 

2 and State, local, and tribal authorities to enable 

3 immediate response to a chemical, biological, or 

4 radiological attack or event; 

5 ‘‘(B) establish mechanisms for dissemina6 tion by appropriate emergency response officials 

7 of the integrated plume models described in 

8 paragraph (1) to nongovernmental organiza9 tions and the public to enable appropriate col10 lective response activities; 

11 ‘‘(C) ensure that guidance and training in 

12 how to appropriately use such models are pro13 vided; and 

14 ‘‘(D) ensure that lessons learned from as15 sessing the development and dissemination of 

16 integrated plume models during exercises ad17 ministered by the Department are put into the 

18 lessons learned information sharing system 

19 maintained by the Department. 

20 ‘‘(b) DEFINITIONS.—For purposes of this section: 

21 ‘‘(1) PLUME MODEL.—The term ‘plume model’ 

22 means the assessment of the location and prediction 

23 of the spread of agents following a chemical, biologi24 cal, radiological, or nuclear attack or event. 


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1 ‘‘(2) INTEGRATED PLUME MODEL.—The term 

2 ‘integrated plume model’ means a plume model that 

3 integrates protective action guidance and other in4 formation as the Secretary determines appropriate.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

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

7 at the end of the items relating to such title the following: 

‘‘Sec. 2107. Plume modeling.’’. 

8 SEC. 510. DISASTER RECOVERY. 

9 (a) IN GENERAL.—Title XXI of the Homeland Secu10 rity Act of 2002, as added by section 501 of this Act, is 

11 further amended by adding at the end the following: 

12 ‘‘SEC. 2108. IDENTIFYING AND ADDRESSING GAPS IN RE13 COVERY CAPABILITIES. 

14 ‘‘(a) RISK ASSESSMENT.— 

15 ‘‘(1) TAILORED RISK ASSESSMENT.—The Sec16 retary, acting through the Under Secretary for 

17 Science and Technology, shall conduct tailored risk 

18 assessments to inform prioritization of national re19 covery activities for chemical, biological, radiological, 

20 and nuclear incidents, to be updated as necessary. 

21 ‘‘(2) CONSIDERATIONS.—In conducting the risk 

22 assessments under paragraph (1), the Secretary 

23 shall— 

24 ‘‘(A) consult with the heads of other rel25 evant Federal departments and agencies; 


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1 ‘‘(B) consider recovery of both indoor 

2 areas and outdoor environments; and 

3 ‘‘(C) consider relevant studies previously 

4 prepared by other Federal agencies, or other 

5 appropriate stakeholders. 

6 ‘‘(3) COLLABORATION.—Upon completion of the 

7 risk assessments required by this section, the Sec8 retary shall provide the findings to the heads of rel9 evant Federal agencies in order to inform ongoing 

10 and future work, including research and guidance 

11 development, undertaken by those agencies in recov12 ery and remediation from chemical, biological, radio13 logical, or nuclear incidents. 

14 ‘‘(b) RESEARCH.—The results of the risk assessment 

15 under this section shall inform appropriate Federal re16 search to address the high-risk capability gaps uncovered 

17 by each assessment. 

18 ‘‘SEC. 2109. RECOVERY FROM CHEMICAL, BIOLOGICAL, RA19 DIOLOGICAL, AND NUCLEAR ATTACKS OR IN20 CIDENTS. 

21 ‘‘(a) ESTABLISHMENT OF GUIDANCE.—Within 24 

22 months from the date of enactment of this Act, the Sec23 retary, in consultation with the heads of other appropriate 

24 Federal departments and agencies, shall develop and issue 

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1 door areas, including subways and other mass transpor2 tation facilities, that have been exposed to chemical, bio3 logical, radiological, or nuclear materials. 

4 ‘‘(b) CONTENTS.—The guidance developed under 

5 subsection (a) shall clarify Federal roles and responsibil6 ities for assisting State, local, and tribal authorities and 

7 include risk-based recommendations for— 

8 ‘‘(1) standards for effective decontamination of 

9 affected sites; 

10 ‘‘(2) standards for safe post-event occupancy of 

11 affected sites, including for vulnerable populations 

12 such as children and individuals with health con13 cerns; 

14 ‘‘(3) requirements to ensure that the decon15 tamination procedures for responding organizations 

16 do not conflict; 

17 ‘‘(4) requirements that each responding organi18 zation uses a uniform system for tracking costs and 

19 performance of clean-up contractors; 

20 ‘‘(5) maintenance of negative air pressure in 

21 buildings; 

22 ‘‘(6) standards for proper selection and use of 

23 personal protective equipment; 

24 ‘‘(7) air sampling procedures; 


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1 ‘‘(8) development of occupational health and 

2 safety plans that are appropriate for the specific risk 

3 to responder health; and 

4 ‘‘(9) waste disposal. 

5 ‘‘(c) REVIEW AND REVISION OF GUIDANCE.—The 

6 Secretary shall— 

7 ‘‘(1) not less frequently than once every two 

8 years, review the guidance developed under sub9 section (a); 

10 ‘‘(2) make revisions to the guidance as appro11 priate; and 

12 ‘‘(3) make the revised guidance available to the 

13 Federal Government, State, local, and tribal authori14 ties, nongovernmental organizations, the private sec15 tor, and the public. 

16 ‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING

17 GUIDANCE.—In carrying out the requirements of this sec18 tion, the Secretary shall establish procedures to— 

19 ‘‘(1) prioritize issuance of guidance based on 

20 the results of the risk assessment conducted pursu21 ant to section 2108; 

22 ‘‘(2) inventory existing relevant guidance; 

23 ‘‘(3) enable the public to submit recommenda24 tions of areas in which guidance is needed; 


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1 ‘‘(4) determine which entities should be con2 sulted in developing or revising the guidance; 

3 ‘‘(5) prioritize, on a regular basis, guidance 

4 that should be developed or revised; and 

5 ‘‘(6) develop and disseminate the guidance in 

6 accordance with the prioritization under paragraph 

7 (5). 

8 ‘‘(e) CONSULTATIONS.—The Secretary shall develop 

9 and revise the guidance developed under subsection (a), 

10 and the procedures required under subsection (d), in con11 sultation with— 

12 ‘‘(1) the heads of other Federal departments 

13 and agencies, as appropriate; 

14 ‘‘(2) State, local, and tribal authorities; and 

15 ‘‘(3) nongovernmental organizations and private 

16 industry. 

17 ‘‘SEC. 2110. EXERCISES. 

18 ‘‘To facilitate environmental recovery from a chem19 ical, biological, radiological, or nuclear attack or other in20 cident involving chemical, biological, radiological, or nu21 clear materials and to foster collective response to ter22 rorism, the Secretary shall develop exercises in consulta23 tion with State, local, and tribal authorities and other ap24 propriate Federal agencies, and, as appropriate, in col25 laboration with national level exercises, including exercises 


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1 that address, to the best knowledge available at the time, 

2 analysis, indoor environmental cleanup methods, and de3 contamination standards, including those published in the 

4 guidance documents required by section 2109.’’. 

5 (b) CLERICAL AMENDMENTS.—The table of contents 

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

7 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.’’. 

8 Subtitle B—Grants 

9 SEC. 521. SENSE OF CONGRESS. 

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

11 (1) Terrorism preparedness grant programs ad12 ministered by the Department of Homeland Security 

13 since the attacks of September 11, 2001, including 

14 the State Homeland Security Grant Program, Urban 

15 Area Security Initiative, Transit Security Grant Pro16 gram, and Port Security Grant Program, have con17 tributed to increased preparedness, resilience, and 

18 response capabilities at the State and local levels. 

19 (2) State and local governments have utilized 

20 grant funding to, among other things, conduct plan21 ning, training, and exercises, improve information 

22 sharing, and enhance communications. 


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1 (3) More than a decade after the terrorist at2 tacks of September 11, 2001, the United States re3 mains the top target of Al Qaeda and its affiliates, 

4 and faces increasing threats of domestic 

5 radicalization and from lone wolf extremists. 

6 (4) Continued Federal assistance to States and 

7 localities is necessary to maintain the increased pre8 paredness and response capabilities developed over 

9 the past decade in order to address this continuing 

10 threat. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that grant programs such as the State Homeland 

13 Security Grant Program, Urban Area Security Initiative, 

14 Transit Security Grant Program, and Port Security Grant 

15 Program, should be funded consistent with their pre16 viously authorized levels to ensure that States and local17 ities build and sustain the necessary capabilities to pre18 vent, prepare for, and respond to terrorist attacks or other 

19 emergencies. 

20 SEC. 522. USE OF GRANT FUNDS FOR PROJECTS CON21 DUCTED IN CONJUNCTION WITH A NATIONAL 

22 LABORATORY OR RESEARCH FACILITY. 

23 Section 2008(a)(2) of the Homeland Security Act of 

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1 ing conducted in conjunction with a national laboratory 

2 or research facility and’’ after ‘‘including’’. 

3 SEC. 523. NOTIFICATION OF HOMELAND SECURITY GRANT 

4 AWARDS. 

5 Section 2002 of the Homeland Security Act of 2002 

6 is amended by adding at the end the following new sub7 section: 

8 ‘‘(d) NOTIFICATION.—The Administrator of the Fed9 eral Emergency Management Agency shall report to the 

10 Committee on Homeland Security of the House of Rep11 resentatives and the Committee on Homeland Security 

12 and Governmental Affairs of the Senate not less than 

13 three business days in advance of announcing publicly an 

14 allocation or award made pursuant to section 2003 or 

15 2004.’’. 

16 SEC. 524. TRANSPARENCY IN HOMELAND SECURITY GRANT 

17 FUNDING. 

18 Subtitle B of title XX of the Homeland Security Act 

19 of 2002 is amended by adding at the end the following 

20 new section: 

21 ‘‘SEC. 2024. TRANSPARENCY IN HOMELAND SECURITY 

22 GRANT FUNDING. 

23 ‘‘(a) IN GENERAL.—The Assistant Administrator of 

24 the Grant Programs Directorate, or an official otherwise 

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1 thorization Liaison Officer within the Federal Emergency 

2 Management Agency. 

3 ‘‘(b) REPORTING TO CONGRESS.—The Authorization 

4 Liaison Officer shall provide timely information on all 

5 grants administered by the Federal Emergency Manage6 ment Agency upon request to the appropriate congres7 sional committees. 

8 ‘‘(c) SEMIANNUAL REPORTING.— 

9 ‘‘(1) IN GENERAL.—The Administrator of the 

10 Federal Emergency Management Agency shall sub11 mit a written report to the appropriate congressional 

12 committees, on not less than a semiannual basis, 

13 that provides a full accounting of funds awarded by 

14 the Department under all homeland security grant 

15 programs administered by the Federal Emergency 

16 Management Agency for the previous five fiscal 

17 years, ending with the year in which the report is 

18 provided. 

19 ‘‘(2) SCOPE OF REPORTS.—The Authorization 

20 Liaison Officer shall ensure, to the greatest extent 

21 practicable, that each report under this subsection 

22 includes a full accounting of funds awarded by the 

23 Department under all homeland security grant pro24 grams administered by the Federal Emergency Man25 agement Agency for the previous five fiscal years, 


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1 ending with the year in which the report is provided, 

2 including— 

3 ‘‘(A) the number and type of projects ap4 proved, by grantee; 

5 ‘‘(B) the amount of funds awarded for 

6 each project; 

7 ‘‘(C) the amount of funds available for 

8 each project; 

9 ‘‘(D) the date on which those funds were 

10 made available; 

11 ‘‘(E) the amount of funds not yet released 

12 by the Department, by project; and 

13 ‘‘(F) the reasons funds have not been re14 leased, by project. 

15 ‘‘(d) MEASURES AND METRICS.— 

16 ‘‘(1) QUARTERLY PROVISION OF INFORMATION

17 TO CONGRESS.—The Assistant Administrator of the 

18 Grant Programs Directorate shall provide informa19 tion quarterly to the appropriate congressional com20 mittees on its efforts to develop performance meas21 ures and metrics for the Homeland Security Grant 

22 Program pursuant to section 2023 of the Homeland 

23 Security Act of 2002 (6 U.S.C. 613), until the devel24 opment and implementation of such performance 

25 measures and metrics. 


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1 ‘‘(2) BIANNUAL BRIEFINGS.—After the develop2 ment and implementation of such performance meas3 ures and metrics, the Assistant Administrator shall 

4 provide biannual briefings to the appropriate con5 gressional committees on the expenditure of grant 

6 funds and the Assistant Administrator’s findings 

7 based on the metrics, including an assessment of the 

8 extent which funding under the Homeland Security 

9 Grant Program has contributed to building and sus10 taining State and local preparedness and response 

11 capabilities to address terrorism threats and other 

12 emergencies.’’. 

13 SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

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

15 Act of 2002 (6 U.S.C. 311 et seq.) is further amended 

16 by adding at the end the following new section: 

17 ‘‘SEC. 528. METROPOLITAN MEDICAL RESPONSE SYSTEM 

18 PROGRAM. 

19 ‘‘(a) IN GENERAL.—The Secretary shall conduct a 

20 Metropolitan Medical Response System Program, that 

21 shall assist State and local governments in preparing for 

22 and responding to public health and mass casualty inci23 dents resulting from acts of terrorism and natural disas24 ters. 

25 ‘‘(b) FINANCIAL ASSISTANCE.— 


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1 ‘‘(1) AUTHORIZATION OF GRANTS.— 

2 ‘‘(A) IN GENERAL.—The Secretary, 

3 through the Administrator, may make grants 

4 under this section to State and local govern5 ments to assist in preparing for and responding 

6 to mass casualty incidents resulting from acts 

7 of terrorism and natural disasters. 

8 ‘‘(B) CONSULTATION.—In developing guid9 ance for grants authorized under this section, 

10 the Administrator shall consult with the Assist11 ant Secretary for Health Affairs of the Depart12 ment. 

13 ‘‘(2) USE OF FUNDS.—A grant made under this 

14 section may be used to support the integration of 

15 emergency management, health, and medical sys16 tems into a coordinated response to mass casualty 

17 incidents caused by any hazard, including— 

18 ‘‘(A) to strengthen medical surge capacity; 

19 ‘‘(B) to strengthen mass prophylaxis capa20 bilities including development and maintenance 

21 of an initial pharmaceutical stockpile sufficient 

22 to protect first responders, their families, and 

23 immediate victims from a chemical or biological 

24 event; 


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1 ‘‘(C) to strengthen chemical, biological, ra2 diological, nuclear, and explosive detection, re3 sponse, and decontamination capabilities; 

4 ‘‘(D) to develop and maintain mass triage 

5 and pre-hospital treatment plans and capabili6 ties; 

7 ‘‘(E) for planning; 

8 ‘‘(F) to support efforts to strengthen infor9 mation sharing and collaboration capabilities of 

10 regional, State, and urban areas in support of 

11 public health and medical preparedness; 

12 ‘‘(G) for medical supplies management and 

13 distribution; 

14 ‘‘(H) for training and exercises; 

15 ‘‘(I) for integration and coordination of the 

16 activities and capabilities of public health per17 sonnel and medical care providers with those of 

18 other emergency response providers as well as 

19 other Federal agencies, the private sector, and 

20 nonprofit organizations, for the forward move21 ment of patients; and 

22 ‘‘(J) for such other activities as the Ad23 ministrator provides. 

24 ‘‘(3) ELIGIBILITY.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), any jurisdiction that re3 ceived funds through the Metropolitan Medical 

4 Response System Program in fiscal year 2010 

5 shall be eligible to receive a grant under this 

6 section. 

7 ‘‘(B) PERFORMANCE REQUIREMENT AFTER

8 FISCAL YEAR 2012.—A jurisdiction shall not be 

9 eligible for a grant under this subsection from 

10 funds available after fiscal year 2012 unless the 

11 Secretary determines that the jurisdiction main12 tains a sufficient measured degree of capability 

13 in accordance with the performance measures 

14 issued under subsection (c). 

15 ‘‘(4) DISTRIBUTION OF FUNDS.— 

16 ‘‘(A) IN GENERAL.—The Administrator 

17 shall distribute grant funds under this section 

18 to the State in which the jurisdiction receiving 

19 a grant under this section is located. 

20 ‘‘(B) PASS THROUGH.—Subject to sub21 paragraph (C), not later than 45 days after the 

22 date on which a State receives grant funds 

23 under subparagraph (A), the State shall provide 

24 the jurisdiction receiving the grant 100 percent 

25 of the grant funds, and not later than 45 days 


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1 after the State releases the funds, all fiscal 

2 agents shall make the grant funds available for 

3 expenditure. 

4 ‘‘(C) EXCEPTION.—The Administrator 

5 may permit a State to provide to a jurisdiction 

6 receiving a grant under this section 97 percent 

7 of the grant funds awarded if doing so would 

8 not result in any jurisdiction eligible for a grant 

9 under paragraph (3)(A) receiving less funding 

10 than such jurisdiction received in fiscal year 

11 2009. 

12 ‘‘(5) REGIONAL COORDINATION.—The Adminis13 trator shall ensure that each jurisdiction that re14 ceives a grant under this section, as a condition of 

15 receiving such grant, is actively coordinating its pre16 paredness efforts with surrounding jurisdictions, 

17 with the official with primary responsibility for 

18 homeland security (other than the Governor) of the 

19 government of the State in which the jurisdiction is 

20 located, and with emergency response providers from 

21 all relevant disciplines, as determined by the Admin22 istrator, to effectively enhance regional prepared23 ness. 

24 ‘‘(c) PERFORMANCE MEASURES.—The Adminis25 trator, in coordination with the Assistant Secretary for 


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1 Health Affairs, and the National Metropolitan Medical 

2 Response System Working Group, shall issue performance 

3 measures within one year after the date of enactment of 

4 this section that enable objective evaluation of the per5 formance and effective use of funds provided under this 

6 section in any jurisdiction. 

7 ‘‘(d) METROPOLITAN MEDICAL RESPONSE SYSTEM

8 WORKING GROUP DEFINED.—In this section, the term 

9 ‘National Metropolitan Medical Response System Working 

10 Group’ means— 

11 ‘‘(1) 10 Metropolitan Medical Response System 

12 Program grant managers, who shall— 

13 ‘‘(A) include one such grant manager from 

14 each region of the Agency; 

15 ‘‘(B) comprise a population-based cross 

16 section of jurisdictions that are receiving grant 

17 funds under the Metropolitan Medical Response 

18 System Program; and 

19 ‘‘(C) include— 

20 ‘‘(i) 3 selected by the Administrator; 

21 and 

22 ‘‘(ii) 3 selected by the Chief Medical 

23 Officer of the Department; and 

24 ‘‘(2) 3 State officials who are responsible for 

25 administration of State programs that are carried 


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1 out with grants under this section, who shall be se2 lected by the Administrator. 

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—From 

4 the total amount authorized to be appropriated under this 

5 Act, $42,000,000 shall be authorized for appropriations 

6 to carry out the program for each of fiscal years 2012 

7 through 2016.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 in section 1(b) of such Act is further amended by adding 

10 at the end of the items relating to such title the following 

11 new item: 

‘‘Sec. 528. Metropolitan Medical Response System Program.’’. 

12 (c) METROPOLITAN MEDICAL RESPONSE PROGRAM

13 REVIEW.— 

14 (1) IN GENERAL.—The Administrator of the 

15 Federal Emergency Management Agency, the Assist16 ant Secretary for Health Affairs of the Department, 

17 and the National Metropolitan Medical Response 

18 System Working Group shall conduct a review of the 

19 Metropolitan Medical Response System Program au20 thorized under this section, including an examination 

21 of— 

22 (A) the extent to which the goals and ob23 jectives are being met; 


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1 (B) the performance metrics that can best 

2 help assess whether the Metropolitan Medical 

3 Response System Program is succeeding; 

4 (C) how the Metropolitan Medical Re5 sponse System Program can be improved; 

6 (D) how the Metropolitan Medical Re7 sponse System Program complements and en8 hances other preparedness programs supported 

9 by the Department of Homeland Security and 

10 the Department of Health and Human Services; 

11 (E) the degree to which the strategic goals, 

12 objectives, and capabilities of the Metropolitan 

13 Medical Response System Program are incor14 porated in State and local homeland security 

15 plans; 

16 (F) how eligibility for financial assistance, 

17 and the allocation of financial assistance, under 

18 the Metropolitan Medical Response System Pro19 gram should be determined, including how allo20 cation of assistance could be based on risk; 

21 (G) implications for the Metropolitan Med22 ical Response System Program if it were man23 aged as a contractual agreement; and 

24 (H) the resource requirements of the Met25 ropolitan Medical Response System Program. 


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1 (2) REPORT.—Not later than one year after the 

2 date of enactment of this Act, the Administrator and 

3 the Assistant Secretary for Health Affairs shall sub4 mit to the appropriate congressional committees a 

5 report on the results of the review under this sec6 tion. 

7 (3) CONSULTATION.—The Administrator of the 

8 Federal Emergency Management Agency shall con9 sult with the heads of other relevant departments 

10 and agencies in the implementation of subsection 

11 (a)(5). 

12 (4) DEFINITION.—In this subsection the term 

13 ‘‘National Metropolitan Medical Response System 

14 Working Group’’ has the meaning that term has in 

15 section 528 of the Homeland Security Act of 2002, 

16 as added by subsection (a) of this section. 

17 (d) CONFORMING AMENDMENT.—Section 635 of the 

18 Post-Katrina Management Reform Act of 2006 (6 U.S.C. 

19 723) is repealed. 

20 SEC. 526. TRANSIT SECURITY GRANT PROGRAM. 

21 (a) SECURITY ASSISTANCE PROGRAM.—Section 

22 1406(a) of the Implementing Recommendations of the 9/ 

23 11 Commission Act of 2007 (6 U.S.C. 1135(a)) is amend24 ed— 


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1 (1) in paragraph (1) by inserting ‘‘and law en2 forcement’’ after ‘‘public transportation’’; and 

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

4 ‘‘(3) LAW ENFORCEMENT AGENCY ELIGI5 BILITY.—A law enforcement agency is eligible for a 

6 grant under this section if the agency enters into a 

7 memorandum of agreement or other arrangement 

8 with a public transportation agency that is eligible 

9 for a grant under paragraph (2) to oversee, direct, 

10 and command the security operations of that public 

11 transportation agency.’’. 

12 (b) USES OF FUNDS.—Section 1406(b)(1)(J) of the 

13 Implementing Recommendations of the 9/11 Commission 

14 Act of 2007 (6 U.S.C. 1135(b)(1)(J)) is amended by strik15 ing ‘‘evacuation improvements’’ and inserting ‘‘con16 sequence management investments, including investments 

17 with respect to evacuation improvements, route designa18 tion and signage, and public assistance materials’’. 

19 (c) OPERATIONAL ALLOWANCES.—Section 

20 1406(m)(1) of the Implementing Recommendations of the 

21 9/11 Commission Act of 2007 (6 U.S.C. 1135(m)(1)) is 

22 amended— 

23 (1) in subparagraph (D) by striking ‘‘and’’ at 

24 the end; 

25 (2) in subparagraph (E)— 


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1 (A) by striking ‘‘10 percent’’ and inserting 

2 ‘‘50 percent’’; and 

3 (B) by striking ‘‘subsection (b)(2).’’ and 

4 inserting ‘‘subsection (b)(2); and’’; and 

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

6 ‘‘(F) $400,000,000 for fiscal year 2012, 

7 except that not more than 50 percent of such 

8 funds may be used for operational costs under 

9 subsection (b)(2).’’. 

10 Subtitle C—Communications 

11 SEC. 541. SENSE OF CONGRESS REGARDING INTEROPER12 ABILITY. 

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

14 (1) The National Commission on Terrorist At15 tacks Upon the United States (in this section re16 ferred to as the ‘‘9/11 Commission’’) determined 

17 that the inability of first responders to communicate 

18 effectively on September 11, 2001 was a critical ob19 stacle to an effective multijurisdictional response. 

20 (2) More than 10 years have passed since the 

21 terrorist attacks of September 11, 2001, and many 

22 jurisdictions across the country still experience dif23 ficulties communicating that may contribute to con24 fusion, delays, or added risks when responding to a 

25 terrorist attack or natural disaster. 


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1 (3) In the years since September 11, 2001, the 

2 need for a national wireless first responder inter3 operable communications network has remained, but 

4 the Nation has not yet completed building this vital 

5 resource for public safety. 

6 (4) The earthquake that originated in Virginia 

7 on August 23, 2011, and affected areas throughout 

8 the East Coast jammed commercial communications 

9 and data networks, making them incapable of han10 dling the mission critical communications needs of 

11 first responders even if provided with priority access. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that Federal resources should be allocated to im14 prove first responder interoperable communications and 

15 the D Block spectrum should be reallocated for the con16 struction of a national interoperable public safety wireless 

17 broadband network as expeditiously as possible. 

18 SEC. 542. ROLES AND RESPONSIBILITIES WITH RESPECT TO 

19 POLICY AND GUIDANCE FOR COMMUNICA20 TIONS-RELATED EXPENDITURES WITH 

21 GRANT FUNDS. 

22 (a) RESPONSIBILITIES OF THE DIRECTOR OF THE

23 OFFICE OF EMERGENCY COMMUNICATIONS.—Section 

24 1801(c) of the Homeland Security Act of 2002 (6 U.S.C. 

25 571(c)) is amended by striking ‘‘and’’ after the semicolon 


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1 at the end of paragraph (14), striking the period at the 

2 end of paragraph (15) and inserting ‘‘; and’’, and adding 

3 at the end the following: 

4 ‘‘(16) provide guidance on interoperable emer5 gency communications to the Administrator of the 

6 Federal Emergency Management Agency in accord7 ance with the memorandum of understanding re8 quired under section 1811.’’. 

9 (b) AUTHORIZATION FOR MEMORANDUM OF UNDER10 STANDING ON EMERGENCY COMMUNICATIONS.— 

11 (1) IN GENERAL.—Title XVIII of the Home12 land Security Act of 2002 is amended by adding at 

13 the end the following new section: 

14 ‘‘SEC. 1811. MEMORANDUM OF UNDERSTANDING ON EMER15 GENCY COMMUNICATIONS. 

16 ‘‘The Administrator of the Federal Emergency Man17 agement Agency shall execute a memorandum of under18 standing with the Director of the Office of Emergency 

19 Communications delineating the roles and responsibilities 

20 of each office with respect to policy and guidance for com21 munications-related expenditures with grant funds.’’. 

22 (2) CLERICAL AMENDMENT.—The table of con23 tents in section 1(b) of such Act is amended by add24 ing at the end the following: 

‘‘Sec. 1811. Memorandum of Understanding on Emergency Communications.’’. 


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1 Subtitle D—Miscellaneous 

2 Provisions 

3 SEC. 561. AUDIT OF THE NATIONAL LEVEL EXERCISE. 

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

5 date of enactment of this Act, the Inspector General of 

6 the Department of Homeland Security shall conduct— 

7 (1) an audit of expenses associated with the 

8 2010 and 2011 National Level Exercises, including 

9 costs of planning and executing the exercise sce10 nario; and 

11 (2) a review of whether the Federal Emergency 

12 Management Agency is incorporating lessons learned 

13 from national exercises into training, planning, and 

14 other operations. 

15 (b) REPORT.—The Inspector General shall submit a 

16 report on the findings of the audit and review to the ap17 propriate congressional committees. 

18 SEC. 562. FEMA REPORT TO CONGRESS ON SOURCING AND 

19 DISTRIBUTION OF DISASTER RESPONSE 

20 GOODS AND SERVICES. 

21 Not later than 90 days after the date of enactment 

22 of this Act, the Administrator of the Federal Emergency 

23 Management Agency shall submit to the appropriate con24 gressional committees a report on the Agency’s progress 


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1 in improving sourcing for disaster response goods and 

2 services, including on— 

3 (1) the adoption of a single-point ordering con4 cept as recommended by the Department of Home5 land Security Inspector General; 

6 (2) investment in information technology sys7 tems to support single-point ordering and make 

8 sourcing and supply movement transparent as rec9 ommended by the Department of Homeland Security 

10 Inspector General; 

11 (3) development of an overarching strategy for 

12 the sourcing of disaster response goods and services; 

13 and 

14 (4) other steps taken by the Agency to promote 

15 efficiency in sourcing and distribution, and to elimi16 nate duplication and waste of essential goods and 

17 services during response to a disaster. 

18 SEC. 563. RURAL RESILIENCE INITIATIVE. 

19 (a) IN GENERAL.—Title XXI of the Homeland Secu20 rity Act of 2002, as added by section 501 of this Act, is 

21 further amended by adding at the end the following: 

22 ‘‘SEC. 2111. RURAL RESILIENCE INITIATIVE. 

23 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

24 and Technology of the Department of Homeland Security 

25 shall conduct research intended to assist State, local, and 


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1 tribal leaders and the private sector in developing the tools 

2 and methods to enhance rural preparation for, and re3 sponse and resilience to, terrorist attacks and other inci4 dents. 

5 ‘‘(b) INCLUDED ACTIVITIES.—Activities under this 

6 section may include— 

7 ‘‘(1) research and implementation through out8 reach activities with rural communities; 

9 ‘‘(2) an examination of how communities em10 ploy resilience capabilities and response assets; 

11 ‘‘(3) development and use of a community resil12 ience baseline template for determining the resilience 

13 capacity of a rural community; 

14 ‘‘(4) a plan to address community needs for re15 silience; 

16 ‘‘(5) an education program for community lead17 ers and first responders about their resilience capac18 ity and mechanisms for mitigation, including via dis19 tance learning; and 

20 ‘‘(6) a mechanism by which this research can 

21 serve as a model for adoption by communities across 

22 the Nation.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in section 1(b) of such Act is further amended by adding 

25 at the end of the items relating to such title the following: 

‘‘Sec. 2111. Rural resilience initiative.’’. 


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1 SEC. 564. NATIONAL DOMESTIC PREPAREDNESS CONSOR2 TIUM. 

3 Section 1204 of the Implementing Recommendations 

4 of the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is 

5 amended— 

6 (1) in subsection (c), by inserting ‘‘(including 

7 medical readiness training)’’ after ‘‘deliver training’’; 

8 (2) in subsection (d)(1)— 

9 (A) in subparagraph (C), by striking 

10 ‘‘and’’ at the end; and 

11 (B) by inserting after subparagraph (D) 

12 the following new subparagraph: 

13 ‘‘(E) $62,500,000 for fiscal year 2012; 

14 and’’; and 

15 (3) in subsection (d)(2)— 

16 (A) in subparagraph (C), by striking 

17 ‘‘and’’ at the end; 

18 (B) in subparagraph (D), by striking the 

19 period at the end and inserting ‘‘; and’’; and 

20 (C) by adding at the end the following new 

21 subparagraph: 

22 ‘‘(E) $22,000,000 for fiscal year 2012.’’. 

23 SEC. 565. TECHNICAL CORRECTION. 

24 Section 525(a) of the Homeland Security Act of 2002 

25 (6 U.S.C. 321n(a)) is amended by inserting ‘‘, acting 

26 through the Administrator,’’ after ‘‘Secretary’’. 


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1 TITLE VI—BORDER SECURITY 

2 PROVISIONS 

3 SEC. 601. DEFINITIONS. 

4 In this title: 

5 (1) COMMISSIONER.—The term ‘‘Commis6 sioner’’ means the Commissioner of U.S. Customs 

7 and Border Protection of the Department of Home8 land Security. 

9 (2) MAJOR VIOLATOR.—The term ‘‘major viola10 tor’’ means a person or entity that is or has engaged 

11 in serious criminal activities at any land, air, or sea 

12 port of entry, including possession of narcotics, 

13 smuggling of prohibited products, human smuggling, 

14 weapons possession, use of fraudulent United States 

15 documents, and other offenses serious enough to re16 sult in arrest. 

17 (3) NORTHERN BORDER.—The term ‘‘northern 

18 border’’ means the international border between the 

19 United States and Canada. 

20 (4) OPERATIONAL CONTROL.—The term ‘‘oper21 ational control’’ has the meaning given such term in 

22 section 2(b) of the Secure Fence Act of 2006 (8 

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

24 (5) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Homeland Security. 


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1 (6) SOUTHERN BORDER.—The term ‘‘southern 

2 border’’ means the international border between the 

3 United States and Mexico. 

4 SEC. 602. STRATEGY TO ACHIEVE OPERATIONAL CONTROL 

5 OF THE BORDER. 

6 (a) STRATEGY TO SECURE THE BORDER BETWEEN

7 THE PORTS OF ENTRY.—Not later than 180 days after 

8 the date of the enactment of this Act, the Secretary shall 

9 submit to the appropriate congressional committees a 

10 comprehensive strategy for gaining, within five years, 

11 operational control of the international borders between 

12 the ports of entry of the United States. The strategy shall 

13 include an analysis of the following: 

14 (1) Staffing requirements for all border security 

15 functions. 

16 (2) Investment in infrastructure, including pe17 destrian fencing, vehicle barriers, and roads. 

18 (3) The use of unmanned aerial vehicles, cam19 era technology, sensors, and other innovative tech20 nology as the Secretary may determine. 

21 (4) Cooperative agreements with international, 

22 State, local, tribal, and other Federal law enforce23 ment agencies that have jurisdiction on the northern 

24 border and southern border. 


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1 (5) Other means designed to detect, respond to, 

2 and interdict unlawful cross-border activity and to 

3 reduce the level of violence. 

4 (6) A schedule for implementing security meas5 ures, including a prioritization for future invest6 ments. 

7 (7) A comprehensive technology plan for major 

8 surveillance and detection technology programs, in9 cluding a justification and rationale for technology 

10 choices and deployment locations. 

11 (b) SECURING THE BORDER AT PORTS OF ENTRY.— 

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

13 of this Act, the Secretary shall develop metrics to measure 

14 the effectiveness of security at ports of entry, which shall 

15 consider, at minimum, the following: 

16 (1) The number of infractions related to per17 sonnel and cargo committed by major violators who 

18 are apprehended by U.S. Customs and Border Pro19 tection at such ports of entry. 

20 (2) The estimated number of such infractions 

21 committed by major violators who are not so appre22 hended. 

23 (3) The required number of U.S. Customs and 

24 Border Protection Officers, Agricultural Specialists, 


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1 and Canine Enforcement Officers necessary to 

2 achieve operational control at such ports of entry. 

3 (4) Infrastructure improvements required to 

4 achieve operational control at such ports of entry, 

5 including the installation of nonintrusive detection 

6 equipment, radiation portal monitors, biometrics, 

7 and other sensors and technology that the Secretary 

8 determines necessary. 

9 (5) The deployment of resources based on the 

10 overall commercial and passenger traffic, cargo vol11 ume, and threat environment at such ports of entry. 

12 (c) EVALUATION BY NATIONAL LABORATORY.—The 

13 Secretary shall submit a request to a Department of En14 ergy national laboratory with appropriate expertise in bor15 der security to evaluate the suitability and statistical valid16 ity of the measurement system required under subsection 

17 (b) for analyzing progress in the interdiction of unlawful 

18 crossings and contraband at ports of entry. 

19 (d) CONSIDERATION OF ALTERNATIVE BORDER SE20 CURITY STANDARDS.—If in developing the strategic plan 

21 required under subsection (a) the Secretary determines to 

22 measure security between ports of entry by a standard 

23 other than operational control, the Secretary shall submit 

24 a request to a Department of Energy national laboratory 

25 with appropriate expertise in border security to evaluate 


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1 the suitability and statistical validity of the measurement 

2 system required under subsection (b) for analyzing 

3 progress in the interdiction of unlawful crossings and con4 traband at ports of entry. 

5 (e) REPORTS.—Not later than 90 days after the date 

6 of the enactment of this Act and annually thereafter, the 

7 Secretary shall submit to the appropriate congressional 

8 committees a report on the following: 

9 (1) A resource allocation model for current and 

10 future year staffing requirements that includes opti11 mal staffing levels at all land, air, and sea ports of 

12 entry and an explanation of U.S. Customs and Bor13 der Protection methodology for aligning staffing lev14 els and workload to threats and vulnerabilities 

15 across all mission areas. 

16 (2) Detailed information on the level of man17 power data available at all land, air, and sea ports 

18 of entry, including the number of canine and agri19 cultural officers assigned to each such port of entry. 

20 SEC. 603. MAINTAINING BORDER PATROL STAFFING. 

21 (a) IN GENERAL.—Subject to the availability of ap22 propriations, for each of fiscal years 2012 and 2013, the 

23 Secretary shall maintain a force of not fewer than 21,300 

24 Border Patrol agents and sufficient support staff for such 


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1 agents, including mechanics, administrative support, and 

2 surveillance personnel. 

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

4 agents referred to in subsection (a), not fewer than 2,200 

5 of such agents shall be assigned to the northern border. 

6 SEC. 604. JAIME ZAPATA BORDER ENFORCEMENT SECU7 RITY TASK FORCE. 

8 (a) ESTABLISHMENT.—There is established in 

9 United States Immigration and Customs Enforcement 

10 (ICE) a program known as a Border Enforcement Secu11 rity Task Force (referred to as ‘‘BEST’’). 

12 (b) PURPOSE.—The purpose of the BEST program 

13 is to establish units to enhance border security by address14 ing and reducing border security threats and violence by— 

15 (1) facilitating collaboration among Federal, 

16 State, local, tribal, and foreign law enforcement 

17 agencies to execute coordinated activities in further18 ance of border security, and homeland security; and 

19 (2) enhancing information-sharing, including 

20 the dissemination of homeland security information 

21 among such agencies. 

22 (c) COMPOSITION AND DESIGNATION.— 

23 (1) COMPOSITION.—BEST units may be com24 prised of personnel from— 


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1 (A) United States Immigration and Cus2 toms Enforcement; 

3 (B) United States Customs and Border 

4 Protection; 

5 (C) the Coast Guard; 

6 (D) other Federal agencies, as appropriate; 

7 (E) appropriate State law enforcement 

8 agencies; 

9 (F) foreign law enforcement agencies, as 

10 appropriate; 

11 (G) local law enforcement agencies from 

12 affected border cities and communities; and 

13 (H) appropriate tribal law enforcement 

14 agencies. 

15 (2) DESIGNATION.—The Secretary is author16 ized to establish BEST units in jurisdictions where 

17 such units can contribute to the BEST program’s 

18 missions. Prior to establishing a BEST unit, the As19 sistant Secretary shall consider the following factors: 

20 (A) Whether the area where the BEST 

21 unit would be established is significantly im22 pacted by cross-border threats. 

23 (B) The availability of Federal, State, 

24 local, tribal, and foreign law enforcement re25 sources to participate in the BEST unit. 


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1 (C) The extent to which border security 

2 threats are having a significant harmful impact 

3 in the jurisdiction in which the BEST unit is 

4 to be established, and other jurisdictions of the 

5 country. 

6 (D) Whether or not an Integrated Border 

7 Enforcement Team already exists in the area 

8 where the BEST unit would be established. 

9 (d) OPERATION.—After making a designation under 

10 subsection (d)(2), and in order to provide Federal assist11 ance to the area so designated, the Secretary may— 

12 (1) obligate such sums as are appropriated for 

13 the BEST program; 

14 (2) direct the assignment of Federal personnel 

15 to the BEST program, subject to the approval of the 

16 head of the department or agency that employs such 

17 personnel; and 

18 (3) take other actions to assist State, local, 

19 tribal, and foreign jurisdictions to participate in the 

20 BEST program. 

21 (e) REPORT.—Not later than 180 days after the date 

22 of the establishment of the BEST program under sub23 section (b) and annually thereafter, the Secretary shall 

24 submit to Congress a report on the effectiveness of the 

25 BEST program in enhancing border security and reducing 


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1 the drug trafficking, arms smuggling, illegal alien traf2 ficking and smuggling, violence, and kidnapping along and 

3 across the international borders of the United States as 

4 measured by crime statistics, including violent deaths, in5 cidents of violence, and drug-related arrests. 

6 SEC. 605. COST-EFFECTIVE TRAINING FOR BORDER PA7 TROL AGENTS. 

8 (a) GOVERNMENT ACCOUNTABILITY OFFICE RE9 VIEW.—Not later than 90 days after the date of the enact10 ment of this Act, the Comptroller General of the United 

11 States shall conduct a review of the basic training pro12 vided by United States Customs and Border Protection 

13 to Border Patrol agents to ensure that such training is 

14 being conducted as efficiently and cost-effectively as pos15 sible. 

16 (b) CONTENTS OF REVIEW.—The review shall include 

17 the following: 

18 (1) An evaluation of the appropriateness of the 

19 length and content of the basic training curriculum 

20 provided by the Federal Law Enforcement Training 

21 Center to new Border Patrol agents. 

22 (2) An evaluation of the appropriateness and a 

23 detailed breakdown of the costs incurred by United 

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1 eral Law Enforcement Training Center to train one 

2 new Border Patrol agent. 

3 (3) A cost and effectiveness of training com4 parison with other similar law enforcement training 

5 programs provided by State and local agencies, non6 profit organizations, universities, and the private 

7 sector. 

8 (4) Recommendations to increase the number of 

9 Border Patrol agents trained per year, and to reduce 

10 the per-agent costs of basic training— 

11 (A) through utilization of comparable 

12 training programs sponsored by State and local 

13 agencies, non-profit organizations, universities, 

14 and the private sector; 

15 (B) by allowing Border Patrol agents to 

16 take proficiency tests, enroll in long distance 

17 learning programs, and waive such courses as 

18 Spanish language instruction or physical fit19 ness; or 

20 (C) by any other means the Comptroller 

21 General considers appropriate. 

22 SEC. 606. BORDER SECURITY ON CERTAIN FEDERAL LANDS. 

23 (a) SUPPORT FOR BORDER SECURITY.— 

24 (1) IN GENERAL.—Notwithstanding any other 

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1 tion shall have access to Federal lands for security 

2 activities, including— 

3 (A) routine motorized patrols; and 

4 (B) the deployment of temporary tactical 

5 infrastructure. 

6 (2) OPERATION.—The security activities de7 scribed in paragraph (1) shall be conducted, to the 

8 maximum extent practicable, in a manner that the 

9 Secretary determines will best protect the natural 

10 and cultural resources on Federal lands. 

11 (b) LIMITATION REGARDING INTERMINGLED PRI12 VATE AND STATE LAND.—This section shall not apply to 

13 any private or State-owned land within the boundaries of 

14 Federal lands. 

15 (c) FEDERAL LANDS DEFINED.—In this section, the 

16 term ‘‘Federal lands’’ includes all land, including a compo17 nent of the National Wilderness Preservation System, 

18 under the control of any Federal department or agency 

19 with legal jurisdiction over such land that is located within 

20 150 miles of the Southwest border. 

21 SEC. 607. BORDER SECURITY INFRASTRUCTURE AND TECH22 NOLOGY. 

23 (a) IN GENERAL.—The Commissioner, in collabora24 tion with the Under Secretary for Science and Technology, 

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1 section (b) that would enhance the security of the northern 

2 and southern borders. 

3 (b) EQUIPMENT AND TECHNOLOGY DESCRIBED.— 

4 The equipment and technology referred to in subsection 

5 (a) shall include equipment and technology designed to— 

6 (1) detect anomalies such as tunnels and 

7 breaches in perimeter security; 

8 (2) detect the use of unauthorized vehicles; 

9 (3) detect low-flying aircraft; 

10 (4) employ unmanned vehicles; or 

11 (5) otherwise strengthen the ability to detect 

12 and deter unlawful entries between ports of entry. 

13 (c) CONSULTATION.—In carrying out this section, the 

14 Commissioner shall consult with the Assistant Secretary 

15 of Defense for Research and Engineering to leverage exist16 ing research and development of relevant equipment and 

17 technologies. 

18 SEC. 608. NORTHERN BORDER CANINE TEAMS. 

19 (a) DEPLOYMENT OF CANINES.—Not later than one 

20 year after the date of the enactment of this Act, the Sec21 retary shall deploy no less than one additional canine en22 forcement team, capable of detecting narcotics, at each of 

23 the 5 busiest northern ports of entry as determined by 

24 traffic volume, and at other ports of entry as the Secretary 

25 determines appropriate. 


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1 (b) ACQUISITION OF CANINES.—In acquiring canine 

2 assets required under subsection (a), the Secretary shall, 

3 to the greatest extent possible, acquire canines that are 

4 bred in the United States. 

5 (c) REPORTING REQUIREMENT.—One year after the 

6 deployment of additional canines under subsection (a), the 

7 Secretary shall provide information to the appropriate 

8 congressional committees analyzing the effectiveness of 

9 the canine enforcement teams in enhancing operational 

10 control and reducing the unlawful trafficking of drugs, or 

11 for other homeland security missions, with comparisons to 

12 relevant statistics measuring similar activity in prior 

13 years. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated $1,000,000 to carry out this 

16 section. 

17 SEC. 609. UNMANNED VEHICLES PILOT PROGRAM. 

18 (a) IN GENERAL.—Not later than six months after 

19 the date of the enactment of this Act, the Commissioner, 

20 in cooperation with the Under Secretary of Homeland Se21 curity for Science and Technology, shall initiate a six22 month pilot program to test the use of autonomous un23 manned vehicles. 


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1 (b) LOCATION.—The pilot program shall, at a min2 imum, test the effectiveness of autonomous unmanned ve3 hicles to patrol— 

4 (1) the maritime environment along the north5 ern border; and 

6 (2) the land environment along the southern 

7 border. 

8 (c) REPORT.—Not later than six months after the 

9 date of the completion of the pilot program, the Under 

10 Secretary of Homeland Security for Science and Tech11 nology shall submit to the appropriate congressional com12 mittees a report on the effectiveness and scalability of the 

13 use of autonomous unmanned vehicles to patrol the loca14 tions described in subsection (b). 

15 (d) USE OF AVAILABLE FUNDING.—The Secretary 

16 may use funding already appropriated for the Innovative 

17 Technology Pilot Program to pay for the pilot described 

18 in this section. 

19 SEC. 610. REPORT ON UNMANNED AERIAL VEHICLES. 

20 (a) IN GENERAL.—Not later than 270 days after the 

21 date of the enactment of this Act, the Comptroller General 

22 of the United States shall submit to the appropriate con23 gressional committees a report that analyzes and com24 pares the costs and missions of different aviation assets, 

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1 toms and Border Protection and the Coast Guard, to as2 sess the cost efficiencies and operational advantages pro3 vided by unmanned aerial vehicles as compared to manned 

4 aerial vehicles. 

5 (b) REQUIRED DATA.—The report required under 

6 subsection (a) shall include a detailed assessment of costs 

7 for operating each type of asset described in such report, 

8 including— 

9 (1) fuel costs; 

10 (2) crew and staffing costs; 

11 (3) maintenance costs; 

12 (4) communication and satellite bandwidth 

13 costs; 

14 (5) costs associated with the acquisition of each 

15 type of such asset; and 

16 (6) any other relevant costs necessary to pro17 vide a holistic analysis and to identify potential cost 

18 savings. 

19 SEC. 611. STUDENT VISA SECURITY IMPROVEMENT. 

20 (a) ENHANCED STUDENT VISA BACKGROUND

21 CHECKS.—Section 428(e) of the Homeland Security Act 

22 of 2002 (6 U.S.C. 236(e)) is amended by adding at the 

23 end the following new paragraph: 

24 ‘‘(9) STUDENT VISAS.—In administering the 

25 program under this subsection, the Secretary, not 


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1 later than 180 days after the date of the enactment 

2 of the Student Visa Security Improvement Act, 

3 shall— 

4 ‘‘(A) prescribe regulations to require em5 ployees assigned under paragraph (1) to review 

6 the applications of all applicants recommended 

7 by Department of State personnel for visas 

8 under subparagraph (F), (J), or (M) of section 

9 101(a)(15) of the Immigration and Nationality 

10 Act (8 U.S.C. 1101(a)(15)), and conduct in11 person interviews where appropriate, prior to 

12 final adjudication, with special emphasis on de13 termining whether applicants are inadmissible 

14 under section 212(a)(3)(B) of such Act (8 

15 U.S.C. 1182(a)(3)(B)) (relating to terrorist ac16 tivities); 

17 ‘‘(B) ensure that employees assigned under 

18 paragraph (1) conduct on-site reviews of any 

19 applications and supporting documentation for 

20 visas under subparagraph (F), (J), or (M) of 

21 section 101(a)(15) of the Immigration and Na22 tionality Act (8 U.S.C. 1101(a)(15)) that they 

23 deem appropriate prior to final adjudication; 

24 and 


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1 ‘‘(C) update, in consultation with the Sec2 retary of State, the memorandum of under3 standing between the Department of Homeland 

4 Security and the Department of State regard5 ing implementation of this section to clarify the 

6 roles and responsibilities of employees assigned 

7 under paragraph (1) specifically with regard to 

8 the duties prescribed by this paragraph.’’. 

9 (b) STUDENT AND EXCHANGE VISITOR PROGRAM.— 

10 Section 442 of the Homeland Security Act of 2002 (6 

11 U.S.C. 252) is amended— 

12 (1) in subsection (a)— 

13 (A) by redesignating paragraph (5) as 

14 paragraph (11); and 

15 (B) by inserting after paragraph (4) the 

16 following new paragraph: 

17 ‘‘(5) STUDENT AND EXCHANGE VISITOR PRO18 GRAM.—In administering the program under para19 graph (4), the Secretary shall, not later than one 

20 year after the date of the enactment of the Student 

21 Visa Security Improvement Act— 

22 ‘‘(A) prescribe regulations to require an in23 stitution or exchange visitor program sponsor 

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1 dent or exchange visitor enrolled at the institu2 tion or attending the exchange visitor pro3 gram— 

4 ‘‘(i) is an active participant in the 

5 program for which the covered student or 

6 exchange visitor was issued a visa to enter 

7 the United States; 

8 ‘‘(ii) is not unobserved for any pe9 riod— 

10 ‘‘(I) exceeding 30 days during 

11 any academic term or program in 

12 which the covered student or exchange 

13 visitor is enrolled; or 

14 ‘‘(II) exceeding 60 days during 

15 any period not described in subclause 

16 (I); and 

17 ‘‘(iii) is reported to the Department 

18 within 10 days of— 

19 ‘‘(I) transferring to another insti20 tution or program; 

21 ‘‘(II) changing academic majors; 

22 or 

23 ‘‘(III) any other changes to infor24 mation required to be maintained in 


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1 the system described in paragraph 

2 (4); 

3 ‘‘(B) notwithstanding subparagraph (A), 

4 require each covered student or exchange visitor 

5 to be observed at least once every 60 days; and 

6 ‘‘(C) prescribe regulations defining what 

7 constitutes the commencement of participation 

8 of a covered student in a designated exchange 

9 visitor program (as defined in section 641(h) of 

10 the Illegal Immigration Reform and Immigrant 

11 Responsibility Act of 1996 (8 U.S.C. 1372(h))). 

12 ‘‘(6) ENHANCED ACCESS.—The Secretary shall 

13 provide access to the Student and Exchange Visitor 

14 Information System (hereinafter in this subsection 

15 referred to as the ‘SEVIS’), or other equivalent or 

16 successor program or system, to appropriate employ17 ees of an institution or exchange visitor program 

18 sponsor participating in the Student and Exchange 

19 Visitor Program if— 

20 ‘‘(A) at least two authorized users are 

21 identified at each participating institution or 

22 exchange visitor sponsor; 

23 ‘‘(B) at least one additional authorized 

24 user is identified at each such institution or 

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1 change visitors enrolled at the institution or 

2 sponsor; and 

3 ‘‘(C) each authorized user is certified by 

4 the Secretary as having completed an appro5 priate training course provided by the Depart6 ment for the program or system. 

7 ‘‘(7) PROGRAM SUPPORT.—The Secretary shall 

8 provide appropriate technical support options to fa9 cilitate use of the program or system described in 

10 paragraph (4) by authorized users. 

11 ‘‘(8) SEVIS DATA.—The system described in 

12 paragraph (4) shall include— 

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

14 performance meets the minimum academic 

15 standards of the institution in which such stu16 dent is enrolled; and 

17 ‘‘(B) timely entry of any information re18 quired by paragraph (5) regarding covered stu19 dents and exchange visitors enrolled at institu20 tions or exchange program sponsors. 

21 ‘‘(9) SAVINGS CLAUSE.—Nothing in this section 

22 shall prohibit the Secretary or any institution or ex23 change program sponsor participating in the Stu24 dent Exchange Visitor Program from requiring more 


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1 frequent observations of covered students or ex2 change visitors. 

3 ‘‘(10) DECERTIFICATION.—The Secretary is au4 thorized, without notice, to decertify any approved 

5 institution or exchange visitor program sponsor if 

6 such institution or exchange visitor program sponsor 

7 is engaged in egregious criminal activities or is a 

8 threat to national security.’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(d) DEFINITIONS.—For purposes of this section: 

12 ‘‘(1) The term ‘covered student’ means a stu13 dent who is a nonimmigrant pursuant to subpara14 graph (F), (J), or (M) of section 101(a)(15) of the 

15 Immigration and Nationality Act (8 U.S.C. 

16 1101(a)(15)). 

17 ‘‘(2) The term ‘observed’ means positively iden18 tified by physical or electronic means. 

19 ‘‘(3) The term ‘authorized user’ means an indi20 vidual nominated by an institution participating in 

21 the Student and Exchange Visitor Program and con22 firmed by the Secretary as not appearing on any ter23 rorist watch list.’’. 

24 (c) COMPTROLLER GENERAL REVIEW.—The Comp25 troller General shall conduct a review of the fees for the 


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1 Student and Exchange Visitor Program of the Depart2 ment of Homeland Security. The Comptroller General 

3 shall include in such review data from fiscal years 2007 

4 through 2011 and shall consider fees collected by the De5 partment and all expenses associated with the review, 

6 issuance, maintenance, data collection, and enforcement 

7 functions of the Student and Exchange Visitor Program. 

8 SEC. 612. ASIA-PACIFIC ECONOMIC COOPERATION BUSI9 NESS TRAVEL CARDS. 

10 (a) IN GENERAL.—The Secretary of Homeland Secu11 rity, in coordination with the Secretary of State, may issue 

12 Asia-Pacific Economic Cooperation Business Travel Cards 

13 (in this section referred to as ‘‘ABT Cards’’) to any eligi14 ble person, including— 

15 (1) business leaders; and 

16 (2) United States Government officials engaged 

17 in Asia-Pacific Economic Cooperation (APEC) busi18 ness. 

19 (b) ELIGIBILITY.—To be eligible for an ABT Card 

20 under this section, an individual must be approved and 

21 in good standing in an international trusted traveler pro22 gram of the Department of Homeland Security. 

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1 sion, and revocation of, ABT Cards with other appropriate 

2 international trusted traveler programs conducted by the 

3 Department. 

4 (d) COOPERATION WITH PRIVATE ENTITIES.—In 

5 carrying out this section, the Secretary may consult with 

6 appropriate private sector entities. 

7 (e) REGULATIONS.—The Secretary may prescribe 

8 such regulations as may be necessary to implement this 

9 section. 

10 (f) FEES.— 

11 (1) IN GENERAL.—The Secretary may charge a 

12 fee for the issuance of ABT Cards and any associ13 ated costs which shall be set at a level that will en14 sure recovery of the full costs of providing and ad15 ministering the ABT Cards. 

16 (2) ACCOUNT FOR COLLECTIONS.—The Sec17 retary may establish a fund for the collection of fees 

18 under paragraph (1), which shall be made available 

19 to pay the costs incurred to administer. 

20 (3) LIMITATION.—The Secretary shall ensure 

21 that the total amount of any fee available to be used 

22 under paragraph (4) in any fiscal year does not ex23 ceed the costs associated with carrying out this sec24 tion in such fiscal year. 


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1 (g) TERMINATION OF PROGRAM.—The Secretary, in 

2 consultation with the Secretary of State, may terminate 

3 activities under this section if the Secretary deems it in 

4 the interest of the United States to do so. 

5 TITLE VII—SCIENCE AND 

6 TECHNOLOGY 

7 Subtitle A—Directorate of Science 

8 and Technology 

9 SEC. 701. DIRECTORATE OF SCIENCE AND TECHNOLOGY 

10 STRATEGIC PLAN. 

11 (a) IN GENERAL.—Title III of the Homeland Secu12 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

13 adding at the end the following new section: 

14 ‘‘SEC. 318. STRATEGIC PLAN. 

15 ‘‘(a) REQUIREMENT FOR STRATEGY.—The Under 

16 Secretary for Science and Technology shall develop, and 

17 update as necessary, a strategy to guide the activities of 

18 the Directorate of Science and Technology. The strategy 

19 shall be risk-based and aligned with other strategic guid20 ance provided by— 

21 ‘‘(1) the National Strategy for Homeland Secu22 rity; 

23 ‘‘(2) the Quadrennial Homeland Security Re24 view; 


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1 ‘‘(3) the Capabilities and Requirements Council 

2 established under section 709; and 

3 ‘‘(4) other relevant strategic planning docu4 ments, as determined by the Under Secretary. 

5 ‘‘(b) CONTENTS.—The strategy required by sub6 section (a) shall be prepared in accordance with applicable 

7 Federal requirements and guidelines, and shall include the 

8 following: 

9 ‘‘(1) Long-term strategic goals, objectives, and 

10 metrics of the Directorate. 

11 ‘‘(2) Analysis of how the research programs of 

12 the Directorate support achievement of those stra13 tegic goals and objectives. 

14 ‘‘(3) A description of how the activities and pro15 grams of the Directorate meet the requirements or 

16 homeland security capability gaps identified by cus17 tomers within and outside of the Department, in18 cluding the first responder community. 

19 ‘‘(4) The role of the Department’s risk analysis 

20 activities and programs of the Directorate. 

21 ‘‘(5) A technology transition strategy for the 

22 programs of the Directorate. 

23 ‘‘(6) A description of the policies of the Direc24 torate on the management, organization, and per25 sonnel of the Directorate. 


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1 ‘‘(c) SUBMISSION OF PLAN TO CONGRESS.—The Sec2 retary shall submit to the appropriate congressional com3 mittees the strategy developed under subsection (a) and 

4 any update to the strategy.’’. 

5 (b) DEADLINE.—The Under Secretary for Science 

6 and Technology shall develop and submit to the appro7 priate congressional committees the initial strategy re8 quired under the amendment made by subsection (a) by 

9 not later than 1 year after the date of enactment of this 

10 Act. 

11 (c) CLERICAL AMENDMENT.—The table of contents 

12 in section 1(b) is amended by adding at the end of the 

13 items relating to title III the following new item: 

‘‘Sec. 318. Strategic plan.’’. 

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

15 (a) IN GENERAL.—Title III of the Homeland Secu16 rity Act of 2002 (6 U.S.C. 181 et seq.) is further amended 

17 by adding at the end the following new section: 

18 ‘‘SEC. 319. 5-YEAR RESEARCH AND DEVELOPMENT PLAN. 

19 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

20 and Technology shall develop, and revise at least every 5 

21 years, a 5-year research and development plan for the ac22 tivities of the Directorate of Science and Technology. 

23 ‘‘(b) CONTENTS.—The 5-year research and develop24 ment plan developed under subsection (a) shall— 


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1 ‘‘(1) define the Directorate’s research, develop2 ment, testing, and evaluation activities, priorities, 

3 performance metrics, and key milestones and 

4 deliverables for the 5-fiscal-year period from 2013 

5 through 2017, and for each 5-fiscal-year period 

6 thereafter; 

7 ‘‘(2) link the activities identified in paragraph 

8 (1) to the goals and objectives described in the stra9 tegic plan developed under section 318, the research 

10 requirements established in section 320, and the 

11 operational capability needs as determined by the 

12 Capabilities and Requirements Council established 

13 under section 709; 

14 ‘‘(3) describe, for each activity of the strategic 

15 plan, the planned annual funding levels for the pe16 riod covered by the plan; and 

17 ‘‘(4) indicate joint investments with other Fed18 eral partners where applicable. 

19 ‘‘(c) SCOPE OF THE PLAN.—The Under Secretary 

20 shall ensure that each plan developed under subsection 

21 (a)— 

22 ‘‘(1) reflects input from a wide range of stake23 holders; and 

24 ‘‘(2) takes into account how research and devel25 opment by other Federal, State, private sector, and 


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1 nonprofit institutions contributes to the achievement 

2 of the priorities identified in the plan, and avoids 

3 unnecessary duplication with these efforts. 

4 ‘‘(d) REPORTS.—At the time the President submits 

5 each annual budget request, the Under Secretary shall 

6 provide a report to the appropriate congressional commit7 tees on the status and results to date of implementation 

8 of the current 5-year research and development plan, in9 cluding— 

10 ‘‘(1) a summary of the research and develop11 ment activities for the previous fiscal year in each 

12 topic area; 

13 ‘‘(2) the annual expenditures in each topic area; 

14 ‘‘(3) an assessment of progress of the research 

15 and development activities based on the performance 

16 metrics and milestones set forth in the plan; and 

17 ‘‘(4) any changes to the plan.’’. 

18 (b) DEADLINE.—The Under Secretary for Science 

19 and Technology shall develop and submit to the appro20 priate congressional committees the first 5-year homeland 

21 security research and development plan required under 

22 subsection (a), for fiscal years 2013 through 2017, by not 

23 later than 1 year after the date of enactment of this Act. 


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1 (c) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) is further amended by adding at the end 

3 of the items relating to title III the following new item: 

‘‘Sec. 319. 5-year research and development plan.’’. 

4 SEC. 703. IDENTIFICATION AND PRIORITIZATION OF RE5 SEARCH AND DEVELOPMENT REQUIRE6 MENTS. 

7 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) 

8 is further amended by adding at the end the following new 

9 section: 

10 ‘‘SEC. 320. IDENTIFICATION AND PRIORITIZATION OF RE11 SEARCH AND DEVELOPMENT REQUIRE12 MENTS. 

13 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

14 and Technology shall establish and implement a process 

15 to identify, prioritize, fund, and task the basic and applied 

16 homeland security research and development activities of 

17 the Directorate of Science and Technology. 

18 ‘‘(b) PROCESS.—The process established under sub19 section (a) shall— 

20 ‘‘(1) account for Departmentwide priorities as 

21 defined by the Capabilities and Requirements Coun22 cil established under section 709; 

23 ‘‘(2) be responsive to near-, mid-, and long-term 

24 needs, including unanticipated needs to address 

25 emerging threats; 


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1 ‘‘(3) utilize gap analysis and risk assessment 

2 tools where available and applicable; 

3 ‘‘(4) include protocols to assess— 

4 ‘‘(A) off-the-shelf technology to determine 

5 if an identified homeland security capability gap 

6 can be addressed through the acquisition proc7 ess instead of commencing research and devel8 opment of technology to address that capability 

9 gap; and 

10 ‘‘(B) research and development activities 

11 pursued by other executive agencies, to deter12 mine if technology can be leveraged to address 

13 an identified homeland security capability gap; 

14 ‘‘(5) provide for documented and validated re15 search and development requirements; 

16 ‘‘(6) establish roles and responsibilities for the 

17 Under Secretary for Science and Technology, the 

18 Under Secretary for Policy, the Under Secretary for 

19 Management, and the heads of operational compo20 nents of the Department; 

21 ‘‘(7) strengthen first responder participation in 

22 identifying and prioritizing homeland security tech23 nological gaps, including by— 

24 ‘‘(A) soliciting feedback from appropriate 

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1 resenting the first responder community and 

2 first responders within the components of the 

3 Department; and 

4 ‘‘(B) establishing and promoting a publicly 

5 accessible portal to allow the first responder 

6 community to help the Directorate develop 

7 homeland security research and development 

8 goals; 

9 ‘‘(8) institute a mechanism to publicize the De10 partment’s funded and unfunded homeland security 

11 technology priorities for the purpose of informing 

12 the Federal, State, and local governments, first re13 sponders, and the private sector; 

14 ‘‘(9) establish considerations to be used by the 

15 Directorate in selecting appropriate research enti16 ties, including the national laboratories, federally 

17 funded research and development centers, university18 based centers, and the private sector, to carry out 

19 research and development requirements; and 

20 ‘‘(10) include any other criteria or measures the 

21 Secretary considers necessary for the identification 

22 and prioritization of research requirements.’’. 

23 (b) DEADLINE.—The Under Secretary for Science 

24 and Technology shall establish and begin implementing 

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1 section (a) by not later than 180 days after the date of 

2 enactment of this Act. 

3 (c) CLERICAL AMENDMENT.—The table of contents 

4 in section 1(b) is further amended by adding at the end 

5 of the items relating to title III the following new item: 

‘‘Sec. 320. Identification and prioritization of research and development requirements.’’. 

6 SEC. 704. RESEARCH AND DEVELOPMENT PROGRESS. 

7 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) 

8 is further amended by adding at the end the following new 

9 section: 

10 ‘‘SEC. 321. MONITORING PROGRESS. 

11 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

12 and Technology shall monitor the progress of the research, 

13 development, testing, and evaluation activities undertaken 

14 by the Directorate of Science and Technology, and shall 

15 provide, at a minimum on a biannual basis, regular up16 dates on that progress to relevant customers of those ac17 tivities. 

18 ‘‘(b) REQUIREMENTS OF PROGRESS UPDATES.—In 

19 order to provide the progress updates required under sub20 section (a), the Under Secretary shall develop a system 

21 that— 

22 ‘‘(1) monitors progress toward project mile23 stones identified by the Under Secretary; 


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1 ‘‘(2) maps progress toward deliverables identi2 fied in the 5-year plan required under section 319; 

3 ‘‘(3) generates up-to-date reports to customers 

4 that transparently disclose the status and progress 

5 of research, development, testing, and evaluation ef6 forts of the Directorate; 

7 ‘‘(4) evaluates the extent to which a technology 

8 or service produced as a result of the Directorate’s 

9 programs has addressed homeland security capa10 bility gaps and requirements as determined by the 

11 Capabilities and Requirements Council established 

12 under section 709; and 

13 ‘‘(5) allows the Under Secretary to report the 

14 number of products and services developed by the 

15 Directorate that have been transitioned into acquisi16 tion programs and resulted in successfully fielded 

17 technologies. 

18 ‘‘(c) EVALUATION METHODS.— 

19 ‘‘(1) EXTERNAL INPUT, CONSULTATION, AND

20 REVIEW.—The Under Secretary shall implement 

21 procedures to engage outside experts in assisting in 

22 the evaluation of the progress of research and devel23 opment programs or activities of the Directorate, in24 cluding through— 


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1 ‘‘(A) consultation with experts, including 

2 scientists and practitioners, to gather inde3 pendent expert peer opinion and advice on a 

4 project or on specific issues or analyses con5 ducted by the Directorate; and 

6 ‘‘(B) periodic, independent, external review 

7 to assess the quality and relevance of the Direc8 torate’s programs and projects. 

9 ‘‘(2) CUSTOMER FEEDBACK.—The Under Sec10 retary shall establish a formal process to collect 

11 feedback from customers of the Directorate on the 

12 performance of the Directorate, that includes— 

13 ‘‘(A) appropriate methodologies through 

14 which customers can assess the quality and use15 fulness of technology and services delivered by 

16 the Directorate; 

17 ‘‘(B) development of metrics for measuring 

18 customer satisfaction and the usefulness of any 

19 technology or service provided by the Direc20 torate; and 

21 ‘‘(C) standards for high-quality customer 

22 service.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in section 1(b) is further amended by adding at the end 

25 of the items relating to title III the following new item: 

‘‘Sec. 321. Monitoring progress.’’. 


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1 SEC. 705. ACQUISITION AND OPERATIONS SUPPORT. 

2 (a) RESPONSIBILITIES AND AUTHORITIES OF THE

3 UNDER SECRETARY.—Section 302 (6 U.S.C. 183) is 

4 amended by striking ‘‘and’’ after the semicolon at the end 

5 of paragraph (13), by striking the period at the end of 

6 paragraph (14) and inserting ‘‘; and’’, and by adding at 

7 the end the following new paragraph: 

8 ‘‘(15) providing science-based, analytic capa9 bility and capacity across the Department to— 

10 ‘‘(A) support technological assessments of 

11 major acquisition programs throughout the ac12 quisition lifecycle; 

13 ‘‘(B) help define appropriate technological 

14 requirements and perform feasibility analysis; 

15 ‘‘(C) assist in evaluating new and emerging 

16 technologies against capability gaps; 

17 ‘‘(D) support evaluation of alternatives; 

18 and 

19 ‘‘(E) improve the use of technology De20 partmentwide.’’. 

21 (b) TECHNOLOGY READINESS ASSESSMENT PROC22 ESS.—Section 308 (6 U.S.C. 188) is amended by adding 

23 at the end the following new subsection: 

24 ‘‘(d) TECHNOLOGY READINESS ASSESSMENT PROC25 ESS.— 


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

2 Science and Technology shall establish a formal, sys3 tematic, metrics-based process to comprehensively 

4 evaluate technology maturity and reduce technical 

5 risks, that includes— 

6 ‘‘(A) an independent assessment of the 

7 performance, maturity, suitability, and 

8 supportability of a technology and associated 

9 risks; 

10 ‘‘(B) technology readiness evaluations to 

11 establish technology readiness levels as a meas12 ure of the maturity of the technology; and 

13 ‘‘(C) provision of a report containing the 

14 findings and conclusions of each assessment 

15 conducted under the process provided, to the 

16 appropriate customers and personnel of the De17 partment. 

18 ‘‘(2) APPLICATION.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), the process shall be applied 

21 to— 

22 ‘‘(i) technology developed by the Di23 rectorate; and 

24 ‘‘(ii) technology being procured or 

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1 partment as part of a major acquisition 

2 program. 

3 ‘‘(B) LIMITATION.—The Under Secretary 

4 shall not apply the process to— 

5 ‘‘(i) radiological or nuclear detection 

6 and countermeasure technologies developed 

7 or procured by the Department; and 

8 ‘‘(ii) procurement of information tech9 nology.’’. 

10 SEC. 706. OPERATIONAL TEST AND EVALUATION. 

11 (a) IN GENERAL.—Title VII (6 U.S.C. 341 et seq.) 

12 is further amended by adding at the end of the following 

13 new section: 

14 ‘‘SEC. 713. OPERATIONAL TEST AND EVALUATION. 

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

16 the Department a Director of Operational Test and Eval17 uation. 

18 ‘‘(b) RESPONSIBILITIES, AUTHORITIES, AND FUNC19 TIONS.—The Director of Operational Test and Evalua20 tion— 

21 ‘‘(1) shall advise the Secretary, the Under Sec22 retary for Management, the Under Secretary for 

23 Science and Technology, and the heads of other rel24 evant components of the Department regarding all 


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1 activities related to operational test and evaluation 

2 in the Department; and 

3 ‘‘(2) shall— 

4 ‘‘(A) prescribe operational test and evalua5 tion policies and procedures for the Depart6 ment, which shall include policies to ensure that 

7 operational testing is done at facilities that al8 ready have relevant and appropriate safety and 

9 material certifications to the extent such facili10 ties are available; 

11 ‘‘(B) ensure the effectiveness, reliability, 

12 and suitability of operational testing and eval13 uation activities planned and conducted by or 

14 on behalf of components of the Department in 

15 major acquisition programs of the Department; 

16 ‘‘(C) review and approve all operational 

17 test plans and evaluation procedures for major 

18 acquisition programs of the Department; 

19 ‘‘(D) provide the Department with inde20 pendent and objective assessments of the ade21 quacy of operational testing and evaluation ac22 tivities conducted by or on behalf of the Depart23 ment for major acquisition programs of the De24 partment; and 


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1 ‘‘(E) coordinate operational testing con2 ducted jointly by more than one component of 

3 the Department. 

4 ‘‘(c) ACCESS TO INFORMATION.—The Director of 

5 Operational Test and Evaluation— 

6 ‘‘(1) shall have prompt and full access to test 

7 and evaluation and acquisition documents, data, and 

8 test results of the Department that the Director con9 siders necessary in order to carry out the duties 

10 under this section; and 

11 ‘‘(2) may designate observers to be present dur12 ing the preparation for and the conducting of any 

13 operational test and evaluation within the Depart14 ment. 

15 ‘‘(d) LIMITATION.—The Director is not required to 

16 carry out operational testing.’’. 

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

18 in section 1(b) is further amended by adding at the end 

19 of the items relating to such title the following: 

‘‘Sec. 713. Operational test and evaluation.’’. 

20 SEC. 707. AVAILABILITY OF TESTING FACILITIES AND 

21 EQUIPMENT. 

22 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) 

23 is further amended by adding at the end the following new 

24 section: 


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1 ‘‘SEC. 322. AVAILABILITY OF TESTING FACILITIES AND 

2 EQUIPMENT. 

3 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

4 and Technology may make available to any person, for an 

5 appropriate fee, the services of any testing facility owned 

6 by the Federal Government and operated by the Direc7 torate for Science and Technology for the testing of mate8 rials, equipment, models, computer software, and other 

9 items designed to advance the homeland security mission. 

10 ‘‘(b) INTERFERENCE WITH FEDERAL PROGRAMS.— 

11 The Under Secretary shall ensure that the testing at such 

12 facilities of materials, equipment, models, computer soft13 ware, or other items not owned by the Federal Govern14 ment do not cause personnel or other resources of the Fed15 eral Government to be diverted from scheduled Federal 

16 Government tests or otherwise interfere with Federal Gov17 ernment mission requirements. 

18 ‘‘(c) CONFIDENTIALITY OF TEST RESULTS.—The re19 sults of tests performed by a person with services made 

20 available under subsection (a) and any associated data 

21 provided by the person for the conduct of the tests— 

22 ‘‘(1) are trade secrets and commercial or finan23 cial information that is privileged or confidential 

24 within the meaning of section 552(b)(4) of title 5, 

25 United States Code; and 


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1 ‘‘(2) may not be disclosed outside the Federal 

2 Government without the consent of the person for 

3 which the tests are performed. 

4 ‘‘(d) FEES.—The fee for using the services of a facil5 ity under subsection (a) may not exceed the amount nec6 essary to recoup the direct and indirect costs involved, 

7 such as direct costs of utilities, contractor support, and 

8 salaries of personnel, that are incurred by the Federal 

9 Government to provide for the testing. 

10 ‘‘(e) USE OF FEES.—Any fee collected under sub11 section (a) shall be credited to the appropriations or other 

12 funds of the Directorate of Science and Technology and 

13 shall be used to directly support the research and develop14 ment activities of the Department.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) is further amended by adding at the end 

17 of the items relating to title III the following new item: 

‘‘Sec. 322. Availability of testing facilities and equipment.’’. 

18 SEC. 708. BIOFORENSICS CAPABILITIES. 

19 (a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) 

20 is further amended by adding at the end the following new 

21 section: 

22 ‘‘SEC. 323. BIOFORENSICS CAPABILITIES. 

23 ‘‘(a) BIOFORENSICS ANALYSIS CENTER.—There is 

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1 ter to provide support for law enforcement and intel2 ligence-related investigations and actions to— 

3 ‘‘(1) provide definitive bioforensics analysis in 

4 support of the executive agencies with primary re5 sponsibilities for preventing, deterring, responding 

6 to, attributing, and recovering from biological at7 tacks; and 

8 ‘‘(2) undertake other related bioforensics activi9 ties. 

10 ‘‘(b) PAYMENT FOR SERVICES.—The center shall 

11 charge and retain fees to reimburse the cost of any service 

12 provided to an executive agency that requested such serv13 ice. 

14 ‘‘(c) DETAILEE PROGRAM.—Subject to the avail15 ability of appropriations, the Secretary may implement a 

16 program under which executive agencies as considered ap17 propriate by the Secretary provide personnel, on a 

18 reimburseable basis, to the center for the purpose of— 

19 ‘‘(1) providing training and other educational 

20 benefits for such stakeholders to help them to better 

21 understand the policies, procedures, and laws gov22 erning national bioforensics activities; and 

23 ‘‘(2) bolstering the capabilities and information 

24 sharing activities of the bioforensics analysis center 


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1 authorized under subsection (a) with national bio2 security and biodefense stakeholders.’’. 

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

4 in section 1(b) is further amended by adding at the end 

5 of the items relating to title III the following new item: 

‘‘Sec. 323. Bioforensics capabilities.’’. 

6 SEC. 709. HOMELAND SECURITY SCIENCE AND TECH7 NOLOGY FELLOWS PROGRAM. 

8 (a) IN GENERAL.—Title III of the Homeland Secu9 rity Act of 2002 (6 U.S.C. 181 et seq.) is further amended 

10 by adding at the end the following new section: 

11 ‘‘SEC. 324. HOMELAND SECURITY SCIENCE AND TECH12 NOLOGY FELLOWS PROGRAM. 

13 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

14 through the Under Secretary for Science and Technology, 

15 shall establish a fellows program, to be known as the 

16 Homeland Security Science and Technology Fellows Pro17 gram, under which the Under Secretary shall facilitate the 

18 temporary placement of scientists in relevant scientific or 

19 technological fields for up to 2 years in components of the 

20 Department with a need for scientific and technological 

21 expertise. 

22 ‘‘(b) UTILIZATION OF FELLOWS.— 

23 ‘‘(1) IN GENERAL.—Under the Program, the 

24 Under Secretary may employ fellows— 


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1 ‘‘(A) for the use of the Directorate of 

2 Science and Technology; or 

3 ‘‘(B) for the use of a Department compo4 nent outside such Directorate, under an agree5 ment with the head of such a component under 

6 which the component will reimburse the Direc7 torate for the costs of such employment. 

8 ‘‘(2) RESPONSIBILITIES.—Under such an 

9 agreement— 

10 ‘‘(A) the Under Secretary shall— 

11 ‘‘(i) solicit and accept applications 

12 from individuals who are currently enrolled 

13 in or who are graduates of postgraduate 

14 programs in scientific and engineering 

15 fields related to the promotion of securing 

16 the homeland, including— 

17 ‘‘(I) biological, chemical, physical, 

18 behavioral, social, health, medical, and 

19 computational sciences; 

20 ‘‘(II) geosciences; 

21 ‘‘(III) all fields of engineering; 

22 and 

23 ‘‘(IV) such other disciplines as 

24 are determined relevant by the Sec25 retary; 


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1 ‘‘(ii) screen applicant candidates and 

2 interview them as appropriate to ensure 

3 that they possess the appropriate level of 

4 scientific and engineering expertise and 

5 qualifications; 

6 ‘‘(iii) provide a list of qualified appli7 cants to the heads of Department compo8 nents seeking to utilize qualified fellows; 

9 ‘‘(iv) subject to the availability of ap10 propriations, pay financial compensation to 

11 such fellows; 

12 ‘‘(v) coordinate with the Chief Secu13 rity Officer to facilitate and expedite provi14 sion of security clearances to fellows, as 

15 appropriate; and 

16 ‘‘(vi) otherwise administer all aspects 

17 of the employment of fellows with the De18 partment; and 

19 ‘‘(B) the head of the component utilizing a 

20 fellow shall— 

21 ‘‘(i) select the fellow from the list of 

22 qualified applicants provided by the Under 

23 Secretary; 


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1 ‘‘(ii) reimburse the Under Secretary 

2 for the costs of employing the fellow se3 lected, including administrative costs; and 

4 ‘‘(iii) be responsible for the day-to-day 

5 management of the fellow. 

6 ‘‘(c) APPLICATIONS FROM NONPROFIT ORGANIZA7 TIONS.—The Under Secretary may accept an application 

8 under subsection (b)(2)(A) that is submitted by a non9 profit organization on behalf of individuals whom such 

10 nonprofit organization has determined may be qualified 

11 applicants under the program.’’. 

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

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

14 at the end of the items relating to title III the following 

15 new item: 

‘‘Sec. 324. Homeland Security Science and Technology Fellows Program.’’. 

16 SEC. 710. HOMELAND SECURITY SCIENCE AND TECH17 NOLOGY ADVISORY COMMITTEE. 

18 Section 311 of the Homeland Security Act of 2002 

19 (6 U.S.C. 191) is amended— 

20 (1) by striking subsection (a) and inserting the 

21 following: 

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

23 the Directorate of Science and Technology a Science and 

24 Technology Advisory Committee (in this section referred 

25 to as the ‘Advisory Committee’). The Advisory Committee 


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1 shall meet no fewer than 2 times each year and make rec2 ommendations with respect to the activities of the Under 

3 Secretary for Science and Technology, including— 

4 ‘‘(1) identifying research and development areas 

5 of potential importance to the security of the Na6 tion; and 

7 ‘‘(2) providing advice in developing and updat8 ing the strategic plan under section 318 and the 5- 

9 year homeland security research and development 

10 plan under section 319.’’; and 

11 (2) in subsection (j), by striking ‘‘2008’’ and 

12 inserting ‘‘7 years after the date of enactment of the 

13 Department of Homeland Security Authorization 

14 Act for Fiscal Year 2012’’. 

15 SEC. 711. FEDERALLY FUNDED RESEARCH AND DEVELOP16 MENT CENTERS. 

17 Section 305 (6 U.S.C. 184) is amended— 

18 (1) by inserting ‘‘(a) ESTABLISHMENT.—’’ be19 fore the first sentence; and 

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

22 ‘‘(b) CONFLICTS OF INTEREST.—The Secretary shall 

23 review and revise, as appropriate, the policies of the De24 partment relating to personnel conflicts of interest to en25 sure that such policies specifically address employees of 


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1 federally funded research and development centers estab2 lished under this section who are in a position to make 

3 or materially influence research findings or agency deci4 sionmaking. 

5 ‘‘(c) ANNUAL REPORTS.—Each federally funded re6 search and development center established under this sec7 tion shall transmit to the Secretary and appropriate con8 gressional committees an annual report describing the ac9 tivities of the center in support of the Department.’’. 

10 SEC. 712. CRITERIA FOR DESIGNATION AS A UNIVERSITY11 BASED CENTER FOR HOMELAND SECURITY. 

12 Section 308(b)(2)(B) (6 U.S.C. 188(b)(2)(B)) is 

13 amended— 

14 (1) in the matter preceding clause (i), by strik15 ing ‘‘in—’’ and inserting ‘‘in one or more of the fol16 lowing:’’; 

17 (2) in clause (iii), by inserting before the period 

18 at the end the following: ‘‘, including medical readi19 ness training and research, and community resil20 iency for public health and healthcare critical infra21 structure’’; and 

22 (3) in clause (iv), by striking ‘‘and nuclear’’ and 

23 inserting ‘‘nuclear, and explosive’’. 


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1 SEC. 713. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGE2 MENT AT THE SCIENCE AND TECHNOLOGY 

3 DIRECTORATE. 

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

5 2002 (6 U.S.C. 101 et seq.) is further amended by insert6 ing after section 846 (as added by section 303(a)) the fol7 lowing: 

8 ‘‘SEC. 847. AUTHORITY FOR FLEXIBLE PERSONNEL MAN9 AGEMENT AT THE SCIENCE AND TECH10 NOLOGY DIRECTORATE. 

11 ‘‘(a) IN GENERAL.—To the extent necessary to en12 sure that the Department has the personnel required to 

13 carry out the mission of the Science and Technology Di14 rectorate, the Secretary may— 

15 ‘‘(1) make appointments to scientific or engi16 neering positions within such Directorate that re17 quire an advanced degree without regard to the pro18 visions of title 5, United States Code, governing ap19 pointments in the competitive service, other than 

20 sections 3303 and 3328 of such title; and 

21 ‘‘(2) fix the pay of any personnel appointed 

22 under paragraph (1) without regard to the provi23 sions of chapter 51 and subchapter III of chapter 53 

24 of such title relating to classification and General 

25 Schedule pay rates. 

26 ‘‘(b) LIMITATION.— 


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1 ‘‘(1) IN GENERAL.—Not more than 5 percent of 

2 the occupied positions within the Directorate of 

3 Science and Technology may at any time consist of 

4 positions occupied by personnel appointed under this 

5 section. 

6 ‘‘(2) COUNTING RULE.—For purposes of apply7 ing the limitation set forth in paragraph (1), deter8 minations under this subsection shall be made on a 

9 full-time equivalent basis. 

10 ‘‘(c) TERMINATION.—The authority to make appoint11 ments under this section shall cease to be available after 

12 January 1, 2017.’’. 

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

14 in section 1(b) of the Homeland Security Act of 2002 (6 

15 U.S.C. 101(b)) is further amended by inserting after the 

16 item relating to section 846 (as added by section 303(b)) 

17 the following: 

‘‘Sec. 847. Authority for flexible personnel management at the Science and 

Technology Directorate.’’. 


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1 Subtitle B—Domestic Nuclear 

2 Detection Office 

3 SEC. 721. RADIOLOGICAL AND NUCLEAR DETECTION AND 

4 COUNTERMEASURES RESEARCH, DEVELOP5 MENT, TESTING, AND EVALUATION. 

6 (a) IN GENERAL.—Title XIX of the Homeland Secu7 rity Act of 2002 (6 U.S.C. 591 et seq.) is amended by 

8 adding at the end the following new sections: 

9 ‘‘SEC. 1908. RADIOLOGICAL AND NUCLEAR DETECTION AND 

10 COUNTERMEASURES RESEARCH, DEVELOP11 MENT, TESTING, AND EVALUATION. 

12 ‘‘In carrying out radiological and nuclear research, 

13 development, testing and evaluation activities required 

14 under section 1902, the Director for the Domestic Nuclear 

15 Detection Office shall— 

16 ‘‘(1) have authorities and carry out responsibil17 ities consistent with those established under sections 

18 302, 305, 308, 309, 320, and 321 for all radiological 

19 and nuclear research, development, testing, and eval20 uation programs of the Department; and 

21 ‘‘(2) utilize an appropriate iterative combination 

22 of physical tests and computer modeling to provide 

23 an analytical basis for assessing detector perform24 ance of major radiological and nuclear detection ac25 quisition programs of the Department. 


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1 ‘‘SEC. 1909. AWARENESS OF THE GLOBAL NUCLEAR DETEC2 TION ARCHITECTURE. 

3 ‘‘(a) IN GENERAL.—In carrying out the responsibil4 ities under paragraphs (3), (5), (8), and (9) of section 

5 1902(a), the Director shall maintain awareness of the 

6 Global Nuclear Detection Architecture (in this section re7 ferred to as ‘GNDA’) and its assets, including availability 

8 of equipment and trained personnel, types of equipment, 

9 equipment detection events and data, relevant intelligence 

10 information, and other information as needed. 

11 ‘‘(b) DATA EXCHANGE.—To support the activities 

12 under subsection (a), the Director and heads of agencies 

13 in the GNDA shall ensure that widely accepted, con14 sensus-based data exchange standards are applied to de15 tection and communications systems incorporated into the 

16 GNDA, to the extent practicable.’’. 

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

18 in section 1(b) is amended by adding at the end of the 

19 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.’’. 

20 SEC. 722. DOMESTIC IMPLEMENTATION OF THE GLOBAL 

21 NUCLEAR DETECTION ARCHITECTURE. 

22 (a) IN GENERAL.—Title XIX of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 591 et seq.) is further amended 

24 by adding at the end the following: 


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1 ‘‘SEC. 1910. DOMESTIC IMPLEMENTATION OF THE GLOBAL 

2 NUCLEAR DETECTION ARCHITECTURE. 

3 ‘‘(a) IN GENERAL.—In carrying out the responsibil4 ities of the office under section 1902(a)(4)(A), the Direc5 tor shall provide support for planning, organization and 

6 sustainment, equipment, training, exercises, and oper7 ational assessments, to State, local, and tribal entities to 

8 assist in implementing preventive radiological and nuclear 

9 detection capabilities. 

10 ‘‘(b) DOMESTIC INTERIOR PROGRAMS.— 

11 ‘‘(1) SECURING THE CITIES.—The Director for 

12 Domestic Nuclear Detection shall establish and 

13 maintain a program to enhance, through State, 

14 local, tribal, and private entities, the Nation’s ability 

15 to detect and prevent a radiological or nuclear at16 tack in high-risk United States cities, as determined 

17 by the Secretary. 

18 ‘‘(2) SURGE CAPABILITIES.—The Director shall 

19 coordinate development of a surge capability for ra20 diological and nuclear detection systems that can be 

21 deployed within the United States rapidly in re22 sponse to intelligence or warnings that includes pro23 curement of appropriate technology, training, exer24 cises, operational assessments, maintenance, and 

25 support. 


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1 ‘‘(3) INTEGRATION.—The programs under sub2 sections (a) and (b) shall be integrated into the glob3 al nuclear detection architecture and inform archi4 tecture studies, technology gaps, and research activi5 ties of the Domestic Nuclear Detection Office.’’. 

6 (b) CONFORMING AMENDMENT.—The table of con7 tents in section 1(b) is further amended by adding at the 

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

‘‘Sec. 1910. Domestic implementation of the global nuclear detection architecture.’’. 

9 SEC. 723. RADIATION PORTAL MONITOR ALTERNATIVES. 

10 The Director of the Domestic Nuclear Detection Of11 fice shall analyze and report to the appropriate congres12 sional committees by not later than 90 days after the date 

13 of enactment of this Act on existing and developmental 

14 alternatives that could provide an enhanced capability to 

15 currently deployed radiation portal monitors, the criteria 

16 to measure the operational effectiveness of those alter17 natives, and the expected timeframe and costs to fully de18 velop and deploy those alternatives. 

19 SEC. 724. CONTRACTING AND GRANTMAKING AUTHORI20 TIES. 

21 Section 1906 of the Homeland Security Act of 2002 

22 (6 U.S.C. 596) is amended by striking ‘‘paragraphs (6) 

23 and (7) of’’. 


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1 SEC. 725. DOMESTIC NUCLEAR DETECTION IMPLEMENTA2 TION PLAN. 

3 (a) IN GENERAL.—The Secretary shall develop a 5- 

4 year plan of investments necessary to implement the De5 partment of Homeland Security’s responsibilities under 

6 the domestic component of the global nuclear detection ar7 chitecture. 

8 (b) CONTENTS.—The 5-year plan developed under 

9 subsection (a) shall— 

10 (1) define the roles and responsibilities of each 

11 component of the Department in support of the do12 mestic detection architecture, including any existing 

13 or planned programs to prescreen cargo or convey14 ances overseas; 

15 (2) identify and describe the specific invest16 ments being made or planned by the Department 

17 components for the 5-year fiscal period to support 

18 the domestic architecture and the security of sea, 

19 land, and air pathways into the United States; 

20 (3) describe the investments necessary to ad21 dress known vulnerabilities and gaps, including asso22 ciated costs and timeframes; 

23 (4) explain how the Department’s research and 

24 development funding is furthering the implementa25 tion of the domestic nuclear detection architecture, 


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1 including specific investments planned for the 5-year 

2 fiscal period; and 

3 (5) explain the process used to define, analyze, 

4 and enhance the future domestic component of the 

5 global nuclear detection architecture. 

6 (c) DEADLINE.—The Secretary shall submit to the 

7 appropriate congressional committees the plan required 

8 under subsection (a) by not later than 180 days after the 

9 date of enactment of this Act. 

10 TITLE VIII—IMMUNITY FOR RE11 PORTS OF SUSPECTED TER12 RORIST ACTIVITY OR SUS13 PICIOUS BEHAVIOR AND RE14 SPONSE 

15 SEC. 801. SHORT TITLE. 

16 This title may be cited as the ‘‘See Something, Say 

17 Something Act of 2011’’. 

18 SEC. 802. AMENDMENT TO THE HOMELAND SECURITY ACT 

19 OF 2002. 

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

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

22 is further amended by adding at the end the following: 


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1 ‘‘SEC. 890B. IMMUNITY FOR REPORTS OF SUSPECTED TER2 RORIST ACTIVITY OR SUSPICIOUS BEHAVIOR 

3 AND RESPONSE. 

4 ‘‘(a) IMMUNITY FOR REPORTS OF SUSPECTED TER5 RORIST ACTIVITY OR SUSPICIOUS BEHAVIOR AND RE6 SPONSE.— 

7 ‘‘(1) IN GENERAL.—Any person who, in good 

8 faith and based on objectively reasonable suspicion, 

9 makes, or causes to be made, a voluntary report of 

10 covered activity to an authorized official shall be im11 mune from civil liability under Federal, State, and 

12 local law for such report. 

13 ‘‘(2) FALSE REPORTS.—Paragraph (1) shall not 

14 apply to any report that the person knew to be false 

15 or was made with reckless disregard for the truth at 

16 the time that the person made that report. 

17 ‘‘(b) IMMUNITY FOR RESPONSE.— 

18 ‘‘(1) IN GENERAL.—Any authorized official who 

19 observes, or receives a report of, covered activity and 

20 takes reasonable action in good faith to respond to 

21 such activity shall have qualified immunity from civil 

22 liability for such action, consistent with applicable 

23 law in the relevant jurisdiction. An authorized offi24 cial as defined by section (d)(1)(A) not entitled to 

25 assert the defense of qualified immunity shall none26 theless be immune from civil liability under Federal, 


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1 State, and local law if such authorized official takes 

2 reasonable action, in good faith, to respond to the 

3 reported activity. 

4 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub5 section shall— 

6 ‘‘(A) affect the ability of any authorized of7 ficial to assert any defense, privilege, or immu8 nity that would otherwise be available; and 

9 ‘‘(B) be construed as affecting any such 

10 defense, privilege, or immunity. 

11 ‘‘(c) ATTORNEY FEES AND COSTS.—Any authorized 

12 official or other person found to be immune from civil li13 ability under this section shall be entitled to recover from 

14 the plaintiff all reasonable costs and attorney fees. 

15 ‘‘(d) DEFINITIONS.—In this section: 

16 ‘‘(1) AUTHORIZED OFFICIAL.—The term ‘au17 thorized official’ means— 

18 ‘‘(A) any officer, employee, or agent of the 

19 Federal government with responsibility for pre20 venting, protecting against, disrupting, or re21 sponding to a ‘covered activity;’ or 

22 ‘‘(B) any Federal, State, or local law en23 forcement officer. 

24 ‘‘(2) COVERED ACTIVITY.—The term ‘covered 

25 activity’ means any suspicious transaction, activity, 


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1 or occurrence indicating that an individual may be 

2 engaging, or preparing to engage, in a violation of 

3 law relating to an act of terrorism (as that term is 

4 defined in section 3077 of title 18, United States 

5 Code).’’. 

6 (b) AMENDMENT TO THE TABLE OF CONTENTS.— 

7 The table of contents for the Homeland Security Act of 

8 2002 is further amended by adding at the end of the items 

9 relating to such subtitle the following: 

‘‘Sec. 890B. Immunity for reports of suspected terrorist activity or suspicious 

behavior and response.’’. 

10 TITLE IX—MISCELLANEOUS 

11 SEC. 901. REDESIGNATION AND MOVEMENT OF MISCELLA12 NEOUS PROVISIONS. 

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

14 2002 (6 U.S.C. 101 et seq.) is further amended by redes15 ignating subtitle H of title VIII (relating to miscellaneous 

16 provisions) as title XXIII of such Act, transferring such 

17 title to appear at the end of the Act, striking sections 889 

18 and 890 (consisting of amendments to existing law, which 

19 have executed), and redesignating the other sections of 

20 such title as section 2301 through 2320, respectively. 

21 (b) CONFORMING AMENDMENTS.—Such Act is fur22 ther amended— 

23 (1) in section 506(b) (6 U.S.C. 316(b)), by 

24 striking ‘‘section 872’’ and inserting ‘‘section 2302’’; 


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1 (2) in section 508(a) (6 U.S.C. 318(a)), by 

2 striking ‘‘section 871’’ and inserting ‘‘section 2301’’; 

3 (3) in section 508(d)(1) (6 U.S.C. 318(d)), by 

4 striking ‘‘section 871(a)’’ and inserting ‘‘section 

5 2301(a)’’; 

6 (4) in section 702(b)(2) (6 U.S.C. 432(b)(2)), 

7 by striking ‘‘section 874(b)(2)’’ each place it appears 

8 and inserting ‘‘section 2304(b)(2)’’; 

9 (5) in section 702(b)(2)(E) (6 U.S.C. 

10 432(b)(2)), by striking ‘‘section 874’’ and inserting 

11 ‘‘section 2304’’; 

12 (6) in section 702(b)(4)(A) (6 U.S.C. 

13 432(b)(4)(A)), by striking ‘‘section 872(a)’’ and in14 serting ‘‘section 2302(a)’’; 

15 (7) in section 702(b)(4)(B) (6 U.S.C. 

16 432(b)(4)(B)), by striking ‘‘section 872(b)’’ and in17 serting ‘‘section 2302(b)’’; 

18 (8) in section 702(a)(4) (6 U.S.C. 347(a)(4)), 

19 by striking ‘‘section 874’’ and inserting ‘‘section 

20 2304’’; and 

21 (9) in section 843(b)(1)(B)(i)) (6 U.S.C. 

22 413(b)(1)(B)(i)), by striking ‘‘section 878’’ and in23 serting ‘‘section 2308’’. 


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1 (c) CLERICAL AMENDMENTS.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 (6 

3 U.S.C. 101 et seq.) is amended— 

4 (1) by striking the items relating to subtitle H 

5 of title VIII; and 

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

7 items: 

‘‘TITLE XXIII—MISCELLANEOUS PROVISIONS 

‘‘Sec. 2301. Advisory committees. 

‘‘Sec. 2302. Reorganization. 

‘‘Sec. 2303. Use of appropriated funds. 

‘‘Sec. 2304. Future Year Homeland Security Program. 

‘‘Sec. 2305. Miscellaneous authorities. 

‘‘Sec. 2306. Military activities. 

‘‘Sec. 2307. Regulatory authority and preemption. 

‘‘Sec. 2308. Counternarcotics officer. 

‘‘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. Immunity for reports of suspected terrorist activity or suspicious 

behavior and response.’’. 

Æ 


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