103 
‘‘(2) BIANNUAL BRIEFINGS.—After the develop-
ment and implementation of such performance meas-
ures and metrics, the Assistant Administrator shall 
provide biannual briefings to the appropriate con-
gressional committees on the expenditure of grant 
funds and the Assistant Administrator’s findings 
based on the metrics, including an assessment of the 
extent which funding under the Homeland Security 
Grant Program has contributed to building and sus-
taining State and local preparedness and response 
capabilities to address terrorism threats and other 
emergencies.’’. 
SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM. 
(a) IN GENERAL.—Title V of the Homeland Security 
Act of 2002 (6 U.S.C. 311 et seq.) is further amended 
by adding at the end the following new section: 
‘‘SEC. 528. METROPOLITAN MEDICAL RESPONSE SYSTEM 
PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary shall conduct a 
Metropolitan Medical Response System Program, that 
shall assist State and local governments in preparing for 
and responding to public health and mass casualty inci-
dents resulting from acts of terrorism and natural disas-
ters. 
‘‘(b) FINANCIAL ASSISTANCE.— 
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‘‘(1) AUTHORIZATION OF GRANTS.— 
‘‘(A) 
IN
GENERAL.—The 
Secretary, 
through the Administrator, may make grants 
under this section to State and local govern-
ments to assist in preparing for and responding 
to mass casualty incidents resulting from acts 
of terrorism and natural disasters. 
‘‘(B) CONSULTATION.—In developing guid-
ance for grants authorized under this section, 
the Administrator shall consult with the Assist-
ant Secretary for Health Affairs of the Depart-
ment. 
‘‘(2) USE OF FUNDS.—A grant made under this 
section may be used to support the integration of 
emergency management, health, and medical sys-
tems into a coordinated response to mass casualty 
incidents caused by any hazard, including— 
‘‘(A) to strengthen medical surge capacity; 
‘‘(B) to strengthen mass prophylaxis capa-
bilities including development and maintenance 
of an initial pharmaceutical stockpile sufficient 
to protect first responders, their families, and 
immediate victims from a chemical or biological 
event; 
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‘‘(C) to strengthen chemical, biological, ra-
diological, nuclear, and explosive detection, re-
sponse, and decontamination capabilities; 
‘‘(D) to develop and maintain mass triage 
and pre-hospital treatment plans and capabili-
ties; 
‘‘(E) for planning; 
‘‘(F) to support efforts to strengthen infor-
mation sharing and collaboration capabilities of 
regional, State, and urban areas in support of 
public health and medical preparedness; 
‘‘(G) for medical supplies management and 
distribution; 
‘‘(H) for training and exercises; 
‘‘(I) for integration and coordination of the 
activities and capabilities of public health per-
sonnel and medical care providers with those of 
other emergency response providers as well as 
other Federal agencies, the private sector, and 
nonprofit organizations, for the forward move-
ment of patients; and 
‘‘(J) for such other activities as the Ad-
ministrator provides. 
‘‘(3) ELIGIBILITY.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), any jurisdiction that re-
ceived funds through the Metropolitan Medical 
Response System Program in fiscal year 2010 
shall be eligible to receive a grant under this 
section. 
‘‘(B) PERFORMANCE REQUIREMENT AFTER 
FISCAL YEAR 2012.—A jurisdiction shall not be 
eligible for a grant under this subsection from 
funds available after fiscal year 2012 unless the 
Secretary determines that the jurisdiction main-
tains a sufficient measured degree of capability 
in accordance with the performance measures 
issued under subsection (c). 
‘‘(4) DISTRIBUTION OF FUNDS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall distribute grant funds under this section 
to the State in which the jurisdiction receiving 
a grant under this section is located. 
‘‘(B) PASS
THROUGH.—Subject to sub-
paragraph (C), not later than 45 days after the 
date on which a State receives grant funds 
under subparagraph (A), the State shall provide 
the jurisdiction receiving the grant 100 percent 
of the grant funds, and not later than 45 days 
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after the State releases the funds, all fiscal 
agents shall make the grant funds available for 
expenditure. 
‘‘(C) 
EXCEPTION.—The 
Administrator 
may permit a State to provide to a jurisdiction 
receiving a grant under this section 97 percent 
of the grant funds awarded if doing so would 
not result in any jurisdiction eligible for a grant 
under paragraph (3)(A) receiving less funding 
than such jurisdiction received in fiscal year 
2009. 
‘‘(5) REGIONAL COORDINATION.—The Adminis-
trator shall ensure that each jurisdiction that re-
ceives a grant under this section, as a condition of 
receiving such grant, is actively coordinating its pre-
paredness efforts with surrounding jurisdictions, 
with the official with primary responsibility for 
homeland security (other than the Governor) of the 
government of the State in which the jurisdiction is 
located, and with emergency response providers from 
all relevant disciplines, as determined by the Admin-
istrator, to effectively enhance regional prepared-
ness. 
‘‘(c) PERFORMANCE
MEASURES.—The Adminis-
trator, in coordination with the Assistant Secretary for 
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Health Affairs, and the National Metropolitan Medical 
Response System Working Group, shall issue performance 
measures within one year after the date of enactment of 
this section that enable objective evaluation of the per-
formance and effective use of funds provided under this 
section in any jurisdiction. 
‘‘(d) METROPOLITAN MEDICAL RESPONSE SYSTEM 
WORKING GROUP DEFINED.—In this section, the term 
‘National Metropolitan Medical Response System Working 
Group’ means— 
‘‘(1) 10 Metropolitan Medical Response System 
Program grant managers, who shall— 
‘‘(A) include one such grant manager from 
each region of the Agency; 
‘‘(B) comprise a population-based cross 
section of jurisdictions that are receiving grant 
funds under the Metropolitan Medical Response 
System Program; and 
‘‘(C) include— 
‘‘(i) 3 selected by the Administrator; 
and 
‘‘(ii) 3 selected by the Chief Medical 
Officer of the Department; and 
‘‘(2) 3 State officials who are responsible for 
administration of State programs that are carried 
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out with grants under this section, who shall be se-
lected by the Administrator. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—From 
the total amount authorized to be appropriated under this 
Act, $42,000,000 shall be authorized for appropriations 
to carry out the program for each of fiscal years 2012 
through 2016.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such title the following 
new item: 
‘‘Sec. 528. Metropolitan Medical Response System Program.’’. 
(c) METROPOLITAN MEDICAL RESPONSE PROGRAM 
REVIEW.— 
(1) IN
GENERAL.—The Administrator of the 
Federal Emergency Management Agency, the Assist-
ant Secretary for Health Affairs of the Department, 
and the National Metropolitan Medical Response 
System Working Group shall conduct a review of the 
Metropolitan Medical Response System Program au-
thorized under this section, including an examination 
of— 
(A) the extent to which the goals and ob-
jectives are being met; 
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(B) the performance metrics that can best 
help assess whether the Metropolitan Medical 
Response System Program is succeeding; 
(C) how the Metropolitan Medical Re-
sponse System Program can be improved; 
(D) how the Metropolitan Medical Re-
sponse System Program complements and en-
hances other preparedness programs supported 
by the Department of Homeland Security and 
the Department of Health and Human Services; 
(E) the degree to which the strategic goals, 
objectives, and capabilities of the Metropolitan 
Medical Response System Program are incor-
porated in State and local homeland security 
plans; 
(F) how eligibility for financial assistance, 
and the allocation of financial assistance, under 
the Metropolitan Medical Response System Pro-
gram should be determined, including how allo-
cation of assistance could be based on risk; 
(G) implications for the Metropolitan Med-
ical Response System Program if it were man-
aged as a contractual agreement; and 
(H) the resource requirements of the Met-
ropolitan Medical Response System Program. 
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(2) REPORT.—Not later than one year after the 
date of enactment of this Act, the Administrator and 
the Assistant Secretary for Health Affairs shall sub-
mit to the appropriate congressional committees a 
report on the results of the review under this sec-
tion. 
(3) CONSULTATION.—The Administrator of the 
Federal Emergency Management Agency shall con-
sult with the heads of other relevant departments 
and agencies in the implementation of subsection 
(a)(5). 
(4) DEFINITION.—In this subsection the term 
‘‘National Metropolitan Medical Response System 
Working Group’’ has the meaning that term has in 
section 528 of the Homeland Security Act of 2002, 
as added by subsection (a) of this section. 
(d) CONFORMING AMENDMENT.—Section 635 of the 
Post-Katrina Management Reform Act of 2006 (6 U.S.C. 
723) is repealed. 
SEC. 526. TRANSIT SECURITY GRANT PROGRAM. 
(a) 
SECURITY
ASSISTANCE
PROGRAM.—Section 
1406(a) of the Implementing Recommendations of the 9/ 
11 Commission Act of 2007 (6 U.S.C. 1135(a)) is amend-
ed— 
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(1) in paragraph (1) by inserting ‘‘and law en-
forcement’’ after ‘‘public transportation’’; and 
(2) by adding at the end the following: 
‘‘(3) 
LAW
ENFORCEMENT
AGENCY
ELIGI-
BILITY.—A law enforcement agency is eligible for a 
grant under this section if the agency enters into a 
memorandum of agreement or other arrangement 
with a public transportation agency that is eligible 
for a grant under paragraph (2) to oversee, direct, 
and command the security operations of that public 
transportation agency.’’. 
(b) USES OF FUNDS.—Section 1406(b)(1)(J) of the 
Implementing Recommendations of the 9/11 Commission 
Act of 2007 (6 U.S.C. 1135(b)(1)(J)) is amended by strik-
ing ‘‘evacuation improvements’’ and inserting ‘‘con-
sequence management investments, including investments 
with respect to evacuation improvements, route designa-
tion and signage, and public assistance materials’’. 
(c) 
OPERATIONAL
ALLOWANCES.—Section 
1406(m)(1) of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (6 U.S.C. 1135(m)(1)) is 
amended— 
(1) in subparagraph (D) by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E)— 
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(A) by striking ‘‘10 percent’’ and inserting 
‘‘50 percent’’; and 
(B) by striking ‘‘subsection (b)(2).’’ and 
inserting ‘‘subsection (b)(2); and’’; and 
(3) by adding at the end the following: 
‘‘(F) $400,000,000 for fiscal year 2012, 
except that not more than 50 percent of such 
funds may be used for operational costs under 
subsection (b)(2).’’. 
Subtitle C—Communications 
SEC. 541. SENSE OF CONGRESS REGARDING INTEROPER-
ABILITY. 
(a) FINDINGS.—Congress finds the following: 
(1) The National Commission on Terrorist At-
tacks Upon the United States (in this section re-
ferred to as the ‘‘9/11 Commission’’) determined 
that the inability of first responders to communicate 
effectively on September 11, 2001 was a critical ob-
stacle to an effective multijurisdictional response. 
(2) More than 10 years have passed since the 
terrorist attacks of September 11, 2001, and many 
jurisdictions across the country still experience dif-
ficulties communicating that may contribute to con-
fusion, delays, or added risks when responding to a 
terrorist attack or natural disaster. 
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(3) In the years since September 11, 2001, the 
need for a national wireless first responder inter-
operable communications network has remained, but 
the Nation has not yet completed building this vital 
resource for public safety. 
(4) The earthquake that originated in Virginia 
on August 23, 2011, and affected areas throughout 
the East Coast jammed commercial communications 
and data networks, making them incapable of han-
dling the mission critical communications needs of 
first responders even if provided with priority access. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Federal resources should be allocated to im-
prove first responder interoperable communications and 
the D Block spectrum should be reallocated for the con-
struction of a national interoperable public safety wireless 
broadband network as expeditiously as possible. 
SEC. 542. ROLES AND RESPONSIBILITIES WITH RESPECT TO 
POLICY AND GUIDANCE FOR COMMUNICA-
TIONS-RELATED 
EXPENDITURES 
WITH 
GRANT FUNDS. 
(a) RESPONSIBILITIES OF THE DIRECTOR OF THE 
OFFICE
OF
EMERGENCY
COMMUNICATIONS.—Section 
1801(c) of the Homeland Security Act of 2002 (6 U.S.C. 
571(c)) is amended by striking ‘‘and’’ after the semicolon 
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Subtitle D—Miscellaneous 
Provisions 
SEC. 561. AUDIT OF THE NATIONAL LEVEL EXERCISE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Inspector General of 
the Department of Homeland Security shall conduct— 
(1) an audit of expenses associated with the 
2010 and 2011 National Level Exercises, including 
costs of planning and executing the exercise sce-
nario; and 
(2) a review of whether the Federal Emergency 
Management Agency is incorporating lessons learned 
from national exercises into training, planning, and 
other operations. 
(b) REPORT.—The Inspector General shall submit a 
report on the findings of the audit and review to the ap-
propriate congressional committees. 
SEC. 562. FEMA REPORT TO CONGRESS ON SOURCING AND 
DISTRIBUTION 
OF 
DISASTER 
RESPONSE 
GOODS AND SERVICES. 
Not later than 90 days after the date of enactment 
of this Act, the Administrator of the Federal Emergency 
Management Agency shall submit to the appropriate con-
gressional committees a report on the Agency’s progress 
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in improving sourcing for disaster response goods and 
services, including on— 
(1) the adoption of a single-point ordering con-
cept as recommended by the Department of Home-
land Security Inspector General; 
(2) investment in information technology sys-
tems to support single-point ordering and make 
sourcing and supply movement transparent as rec-
ommended by the Department of Homeland Security 
Inspector General; 
(3) development of an overarching strategy for 
the sourcing of disaster response goods and services; 
and 
(4) other steps taken by the Agency to promote 
efficiency in sourcing and distribution, and to elimi-
nate duplication and waste of essential goods and 
services during response to a disaster. 
SEC. 563. RURAL RESILIENCE INITIATIVE. 
(a) IN GENERAL.—Title XXI of the Homeland Secu-
rity Act of 2002, as added by section 501 of this Act, is 
further amended by adding at the end the following: 
‘‘SEC. 2111. RURAL RESILIENCE INITIATIVE. 
‘‘(a) IN GENERAL.—The Under Secretary for Science 
and Technology of the Department of Homeland Security 
shall conduct research intended to assist State, local, and 
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tribal leaders and the private sector in developing the tools 
and methods to enhance rural preparation for, and re-
sponse and resilience to, terrorist attacks and other inci-
dents. 
‘‘(b) INCLUDED ACTIVITIES.—Activities under this 
section may include— 
‘‘(1) research and implementation through out-
reach activities with rural communities; 
‘‘(2) an examination of how communities em-
ploy resilience capabilities and response assets; 
‘‘(3) development and use of a community resil-
ience baseline template for determining the resilience 
capacity of a rural community; 
‘‘(4) a plan to address community needs for re-
silience; 
‘‘(5) an education program for community lead-
ers and first responders about their resilience capac-
ity and mechanisms for mitigation, including via dis-
tance learning; and 
‘‘(6) a mechanism by which this research can 
serve as a model for adoption by communities across 
the Nation.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such title the following: 
‘‘Sec. 2111. Rural resilience initiative.’’. 
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SEC. 564. NATIONAL DOMESTIC PREPAREDNESS CONSOR-
TIUM. 
Section 1204 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is 
amended— 
(1) in subsection (c), by inserting ‘‘(including 
medical readiness training)’’ after ‘‘deliver training’’; 
(2) in subsection (d)(1)— 
(A) in subparagraph (C), by striking 
‘‘and’’ at the end; and 
(B) by inserting after subparagraph (D) 
the following new subparagraph: 
‘‘(E) $62,500,000 for fiscal year 2012; 
and’’; and 
(3) in subsection (d)(2)— 
(A) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(E) $22,000,000 for fiscal year 2012.’’. 
SEC. 565. TECHNICAL CORRECTION. 
Section 525(a) of the Homeland Security Act of 2002 
(6 U.S.C. 321n(a)) is amended by inserting ‘‘, acting 
through the Administrator,’’ after ‘‘Secretary’’. 
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TITLE VI—BORDER SECURITY 
PROVISIONS 
SEC. 601. DEFINITIONS. 
In this title: 
(1) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection of the Department of Home-
land Security. 
(2) MAJOR VIOLATOR.—The term ‘‘major viola-
tor’’ means a person or entity that is or has engaged 
in serious criminal activities at any land, air, or sea 
port of entry, including possession of narcotics, 
smuggling of prohibited products, human smuggling, 
weapons possession, use of fraudulent United States 
documents, and other offenses serious enough to re-
sult in arrest. 
(3) NORTHERN BORDER.—The term ‘‘northern 
border’’ means the international border between the 
United States and Canada. 
(4) OPERATIONAL CONTROL.—The term ‘‘oper-
ational control’’ has the meaning given such term in 
section 2(b) of the Secure Fence Act of 2006 (8 
U.S.C. 1701 note; Public Law 109–367). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
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(6) SOUTHERN BORDER.—The term ‘‘southern 
border’’ means the international border between the 
United States and Mexico. 
SEC. 602. STRATEGY TO ACHIEVE OPERATIONAL CONTROL 
OF THE BORDER. 
(a) STRATEGY TO SECURE THE BORDER BETWEEN 
THE PORTS OF ENTRY.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall 
submit to the appropriate congressional committees a 
comprehensive strategy for gaining, within five years, 
operational control of the international borders between 
the ports of entry of the United States. The strategy shall 
include an analysis of the following: 
(1) Staffing requirements for all border security 
functions. 
(2) Investment in infrastructure, including pe-
destrian fencing, vehicle barriers, and roads. 
(3) The use of unmanned aerial vehicles, cam-
era technology, sensors, and other innovative tech-
nology as the Secretary may determine. 
(4) Cooperative agreements with international, 
State, local, tribal, and other Federal law enforce-
ment agencies that have jurisdiction on the northern 
border and southern border. 
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(5) Other means designed to detect, respond to, 
and interdict unlawful cross-border activity and to 
reduce the level of violence. 
(6) A schedule for implementing security meas-
ures, including a prioritization for future invest-
ments. 
(7) A comprehensive technology plan for major 
surveillance and detection technology programs, in-
cluding a justification and rationale for technology 
choices and deployment locations. 
(b) SECURING THE BORDER AT PORTS OF ENTRY.— 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall develop metrics to measure 
the effectiveness of security at ports of entry, which shall 
consider, at minimum, the following: 
(1) The number of infractions related to per-
sonnel and cargo committed by major violators who 
are apprehended by U.S. Customs and Border Pro-
tection at such ports of entry. 
(2) The estimated number of such infractions 
committed by major violators who are not so appre-
hended. 
(3) The required number of U.S. Customs and 
Border Protection Officers, Agricultural Specialists, 
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and Canine Enforcement Officers necessary to 
achieve operational control at such ports of entry. 
(4) Infrastructure improvements required to 
achieve operational control at such ports of entry, 
including the installation of nonintrusive detection 
equipment, radiation portal monitors, biometrics, 
and other sensors and technology that the Secretary 
determines necessary. 
(5) The deployment of resources based on the 
overall commercial and passenger traffic, cargo vol-
ume, and threat environment at such ports of entry. 
(c) EVALUATION BY NATIONAL LABORATORY.—The 
Secretary shall submit a request to a Department of En-
ergy national laboratory with appropriate expertise in bor-
der security to evaluate the suitability and statistical valid-
ity of the measurement system required under subsection 
(b) for analyzing progress in the interdiction of unlawful 
crossings and contraband at ports of entry. 
(d) CONSIDERATION OF ALTERNATIVE BORDER SE-
CURITY STANDARDS.—If in developing the strategic plan 
required under subsection (a) the Secretary determines to 
measure security between ports of entry by a standard 
other than operational control, the Secretary shall submit 
a request to a Department of Energy national laboratory 
with appropriate expertise in border security to evaluate 
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the suitability and statistical validity of the measurement 
system required under subsection (b) for analyzing 
progress in the interdiction of unlawful crossings and con-
traband at ports of entry. 
(e) REPORTS.—Not later than 90 days after the date 
of the enactment of this Act and annually thereafter, the 
Secretary shall submit to the appropriate congressional 
committees a report on the following: 
(1) A resource allocation model for current and 
future year staffing requirements that includes opti-
mal staffing levels at all land, air, and sea ports of 
entry and an explanation of U.S. Customs and Bor-
der Protection methodology for aligning staffing lev-
els and workload to threats and vulnerabilities 
across all mission areas. 
(2) Detailed information on the level of man-
power data available at all land, air, and sea ports 
of entry, including the number of canine and agri-
cultural officers assigned to each such port of entry. 
SEC. 603. MAINTAINING BORDER PATROL STAFFING. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, for each of fiscal years 2012 and 2013, the 
Secretary shall maintain a force of not fewer than 21,300 
Border Patrol agents and sufficient support staff for such 
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agents, including mechanics, administrative support, and 
surveillance personnel. 
(b) NORTHERN BORDER.—Of the Border Patrol 
agents referred to in subsection (a), not fewer than 2,200 
of such agents shall be assigned to the northern border. 
SEC. 604. JAIME ZAPATA BORDER ENFORCEMENT SECU-
RITY TASK FORCE. 
(a) ESTABLISHMENT.—There is established in 
United States Immigration and Customs Enforcement 
(ICE) a program known as a Border Enforcement Secu-
rity Task Force (referred to as ‘‘BEST’’). 
(b) PURPOSE.—The purpose of the BEST program 
is to establish units to enhance border security by address-
ing and reducing border security threats and violence by— 
(1) facilitating collaboration among Federal, 
State, local, tribal, and foreign law enforcement 
agencies to execute coordinated activities in further-
ance of border security, and homeland security; and 
(2) enhancing information-sharing, including 
the dissemination of homeland security information 
among such agencies. 
(c) COMPOSITION AND DESIGNATION.— 
(1) COMPOSITION.—BEST units may be com-
prised of personnel from— 
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(A) United States Immigration and Cus-
toms Enforcement; 
(B) United States Customs and Border 
Protection; 
(C) the Coast Guard; 
(D) other Federal agencies, as appropriate; 
(E) appropriate State law enforcement 
agencies; 
(F) foreign law enforcement agencies, as 
appropriate; 
(G) local law enforcement agencies from 
affected border cities and communities; and 
(H) appropriate tribal law enforcement 
agencies. 
(2) DESIGNATION.—The Secretary is author-
ized to establish BEST units in jurisdictions where 
such units can contribute to the BEST program’s 
missions. Prior to establishing a BEST unit, the As-
sistant Secretary shall consider the following factors: 
(A) Whether the area where the BEST 
unit would be established is significantly im-
pacted by cross-border threats. 
(B) The availability of Federal, State, 
local, tribal, and foreign law enforcement re-
sources to participate in the BEST unit. 
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