352 
‘‘(vi) otherwise administer all aspects 
of the fellows’ employment with the De-
partment; and 
‘‘(B) the head of the component utilizing 
the fellow shall— 
‘‘(i) select a fellow from the list of 
qualified applicants provided by the Under 
Secretary; 
‘‘(ii) reimburse the Under Secretary 
for the costs of employing the fellow se-
lected; and 
‘‘(iii) be responsible for the day-to-day 
management of the fellow. 
‘‘(c) APPLICATIONS
FROM
ASSOCIATIONS.—The 
Under Secretary may accept applications under subsection 
(b)(2)(A) that are submitted by science or policy associa-
tions on behalf of individuals whom such an association 
has determined may be qualified applicants under the pro-
gram.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to title III the following 
new item: 
‘‘Sec. 319. Homeland Security Science and Technology Fellows Program.’’. 
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SEC. 1041. BIOLOGICAL THREAT AGENT ASSAY EQUIVA-
LENCY. 
(a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) 
is further amended by adding at the end the following new 
section: 
‘‘SEC. 320. BIOLOGICAL THREAT AGENT ASSAY EQUIVA-
LENCY PROGRAM. 
‘‘(a) IN GENERAL.—To facilitate equivalent biological 
threat agent identification among federally operated bio-
monitoring programs, the Under Secretary, in consulta-
tion with the Director of the Centers for Disease Control 
and Prevention, may implement an assay equivalency pro-
gram for biological threat assays. 
‘‘(b) FEATURES.—In order to establish assay per-
formance equivalency to support homeland security and 
public health security decisions, the program may— 
‘‘(1) evaluate biological threat detection assays, 
their protocols for use, and their associated response 
algorithms for confirmation of biological threat 
agents, taking performance measures and concepts 
of operation into consideration; and 
‘‘(2) develop assay equivalency standards based 
on the findings of the evaluation under paragraph 
(1). 
‘‘(c) UPDATE.—The Under Secretary shall update 
the program as necessary. 
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‘‘(d) IMPLEMENTATION.—The Secretary shall— 
‘‘(1) require implementation of the standards 
developed under subsection (b)(2) for all Depart-
ment biomonitoring programs; and 
‘‘(2) make such standards available to support 
all other Federal biomonitoring programs. 
‘‘(e) ASSAY DEFINED.—In this section the term 
‘assay’ means any scientific test that is— 
‘‘(1) designed to detect the presence of a bio-
logical threat agent; and 
‘‘(2) of a type selected under criteria estab-
lished by the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) is further amended by adding at the end 
of the items relating to title III the following new item: 
‘‘Sec. 320. Biological threat agent assay equivalency program.’’. 
SEC. 1042. STUDY OF FEASIBILITY AND BENEFIT OF EX-
PANDING OR ESTABLISHING PROGRAM TO 
CREATE A NEW CYBERSECURITY CAPACITY 
BUILDING TRACK AT CERTAIN INSTITUTIONS 
OF HIGHER EDUCATION. 
(a) IN GENERAL.—Within 90 days after the date of 
enactment of this Act, the Secretary, in coordination with 
the National Science Foundation, shall commission a 
study by a nonprofit research institution to determine the 
feasibility and potential benefit of expanding the Federal 
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Cyber Service Scholarship for Service Program, or estab-
lishing a parallel program, as methods to create a new 
cybersecurity or information assurance capacity building 
track at institutions of higher education that are not cur-
rently designated as a National Center of Academic Excel-
lence in Information Assurance Education or a National 
Center of Academic Excellence in Research. 
(b) SUBJECT MATTERS.—The study under sub-
section (a) shall include examinations of the following: 
(1) The feasibility and potential benefit of al-
lowing the following types of institutions into the ex-
isting Federal Cyber Service program: 
(A) Community colleges. 
(B) Institutions offering an undergraduate 
degree, graduate degree, or post-graduate de-
gree, but do not qualify under the existing pro-
gram. 
(C) Institutions offering a certificate or in-
dustry-recognized credential. 
(2) The feasibility and potential benefit of es-
tablishing a new program modeled after the Federal 
Cyber Service program to build capacity at— 
(A) community colleges; 
(B) institutions offering an undergraduate 
degree, graduate degree, or post-graduate de-
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gree, but do not qualify under the existing pro-
gram; or 
(C) institutions offering a certificate or in-
dustry-recognized credential. 
(3) The projected extent to which an expansion 
of the existing Federal Cyber Service program as de-
scribed in paragraph (1) would— 
(A) expand the availability of qualified in-
dividuals to work in information assurance and 
cybersecurity within the Department and other 
Federal, State, local, and tribal agencies, and 
the private sector; 
(B) encourage institutions of higher edu-
cation to develop a new information assurance 
or cybersecurity education undergraduate de-
gree programs, graduate degree programs, or 
programs conferring a certificate or industry- 
recognized credential; 
(C) increase the number of students grad-
uating annually from existing information as-
surance or cybersecurity education under-
graduate degree programs, graduate degree 
programs, or programs conferring a certificate 
or industry-recognized credential; or 
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(D) improve existing information assur-
ance or cybersecurity education undergraduate 
degree programs, graduate degree programs, or 
programs conferring a certificate or industry- 
recognized credential. 
(4) The projected extent to which the establish-
ment of a new program modeled after the Federal 
Cyber Service program as described in paragraph 
(2) would— 
(A) expand the availability of qualified in-
dividuals to work in information assurance and 
cybersecurity within the Department and other 
Federal, State, local, and tribal agencies, and 
the private sector; 
(B) encourage institutions of higher edu-
cation to develop a new information assurance 
or cybersecurity education undergraduate de-
gree programs, graduate degree programs, or 
programs conferring a certificate or industry- 
recognized credential; 
(C) increase the number of students grad-
uating annually from existing information as-
surance or cybersecurity education under-
graduate degree programs, graduate degree 
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programs, or programs conferring a certificate 
or industry-recognized credential; or 
(D) improve existing information assur-
ance or cybersecurity education undergraduate 
degree programs, graduate degree programs, or 
programs conferring a certificate or industry- 
recognized credential. 
(c) REPORT.—Not later than 30 days after receiving 
the findings of the study, the Secretary shall transmit the 
findings, together with any comments thereon by the Sec-
retary, to the appropriate congressional committees. 
SEC. 1043. ASSESSMENT, RESEARCH, TESTING, AND EVAL-
UATION OF TECHNOLOGIES TO MITIGATE 
THE THREAT OF SMALL VESSEL ATTACK. 
The Under Secretary may— 
(1) assess what technologies are available to 
mitigate the threat of small vessel attack in secure 
zones of ports, including the use of transponders or 
radio frequency identification devices to track small 
vessels; and 
(2) conduct research, testing, and evaluation of 
new technologies that might be capable of tracking 
small vessels. 
SEC. 1044. OTHER TRANSACTION AUTHORITY. 
Section 831 (6 U.S.C. 391) is amended— 
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(1) in subsection (a), by striking ‘‘2010,’’ and 
inserting 2011; 
(2) in subsection (a), by adding at the end the 
following new paragraph: 
‘‘(3) PRIOR APPROVAL.—In any case in which 
the Under Secretary for Science and Technology in-
tends to exercise other transaction authority, the 
Under Secretary must receive prior approval from 
the Secretary after submitting to the Secretary a 
proposal that includes the rationale for why a grant 
or contract issued in accordance with the Federal 
Acquisition Regulation is not feasible or appropriate 
and the amount to be expended for such project. In 
such a case, the authority for evaluating the pro-
posal may not be delegated by the Secretary to any-
one other than the Under Secretary for Manage-
ment.’’; and 
(3) by redesignating subsection (e) as sub-
section (i), and by inserting after subsection (d) the 
following new subsections: 
‘‘(e) ANNUAL REPORT
ON EXERCISE
OF OTHER 
TRANSACTION AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary shall submit 
to the appropriate congressional committees an an-
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nual report on the exercise of other transaction au-
thority. 
‘‘(2) CONTENT.—The report shall include the 
following: 
‘‘(A) The subject areas in which research 
projects were conducted using other transaction 
authority. 
‘‘(B) The extent of cost-sharing for such 
projects 
among 
Federal 
and 
non-Federal 
sources. 
‘‘(C) The extent to which use of other 
transaction authority has addressed a homeland 
security capability gap identified by the Depart-
ment of Homeland Security. 
‘‘(D) The total amount of payments, if 
any, that were received by the Federal Govern-
ment as a result of such exercise of other trans-
action authority during the period covered by 
the report. 
‘‘(E) The rationale for using other trans-
action authority, including why grants or con-
tracts issued in accordance with the Federal 
Acquisition Regulation were not feasible or ap-
propriate. 
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‘‘(F) the amount expended for each such 
project. 
‘‘(f) TRAINING.—The Secretary shall develop a train-
ing program for acquisitions staff in the use of other 
transaction authority to help ensure the appropriate use 
of such authority. 
‘‘(g) REVIEW AUTHORITY.—The exercise of other 
transaction authority shall be subject to review by the 
Comptroller General of the United States to ensure that 
an agency is not attempting to avoid the requirements of 
procurement statutes and regulations. 
‘‘(h) OTHER TRANSACTION AUTHORITY DEFINED.— 
In this section the term ‘other transaction authority’ 
means authority under subsection (a).’’. 
SEC. 1045. NATIONAL URBAN SECURITY TECHNOLOGY LAB-
ORATORY. 
(a) IN GENERAL.—The National Urban Security 
Technology Laboratory (formerly the Environmental 
Measurements Laboratory) is authorized within the Direc-
torate for fiscal year 2011. 
(b) RESPONSIBILITIES.—The Under Secretary shall 
utilize the National Urban Security Technology Labora-
tory to test, evaluate, and analyze homeland security capa-
bilities and serve as a technical authority to first respond-
ers and State and local entities, including by— 
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(1) conducting test programs, pilots projects, 
demonstrations, and other forms of evaluations of 
homeland security technologies both in the field and 
in the laboratory; 
(2) applying knowledge of operational end-user 
environments and support for operational integration 
to technology development, including— 
(A) training; 
(B) exercises; 
(C) equipment; 
(D) tactics; 
(E) techniques; and 
(F) procedures; 
(3) representing interests and requirements be-
tween technology developers and operational end- 
users; and 
(4) supporting development and use of home-
land security equipment and operational standards. 
Subtitle D—Domestic Nuclear 
Detection Office 
SEC. 1051. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Do-
mestic Nuclear Detection Office of the Department 
$305,840,000 for fiscal year 2011. 
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SEC. 1052. DOMESTIC NUCLEAR DETECTION OFFICE OVER-
SIGHT. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Directorate should conduct basic and inno-
vative research and nondevelopmental testing on behalf of 
the Domestic Nuclear Detection Office (in this section re-
ferred to as ‘‘DNDO’’), in order to advance next genera-
tion nuclear detection technologies. 
(b) INTERNAL REVIEW OF PROJECT SELECTION AND 
EVALUATION METHODOLOGY.—Not later than 90 days 
after the date of enactment of this Act, the Director of 
the DNDO shall begin an internal review of the method-
ology by which research, development, testing, and evalua-
tion is identified, prioritized, and funded by the DNDO. 
In conducting such review, the Director shall consult with 
the Under Secretary and the heads of all operational com-
ponents of the Department that own, operate, or maintain 
nuclear or radiological detection technologies. 
(c) CONTENTS OF REVIEW.—In carrying out the re-
view under subsection (b), the Director of the DNDO 
shall— 
(1) identify the process by which basic and ap-
plied research and operational testing that should be 
conducted in concert and under agreement with the 
Directorate; 
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(2) describe the roles, responsibilities, common 
definitions, standard operating procedures, and deci-
sion process for research, development, testing, and 
evaluation activities; 
(3) describe and implement a transparent sys-
tem for tracking research, development, testing, and 
evaluation requirements; 
(4) describe and implement a mechanism to 
provide regular updates to components of the De-
partment on the progress of such research; 
(5) evaluate the degree to which needs of the 
operational components of the Department and 
State and local first responders are being adequately 
addressed by the existing project selection process, 
and if not, how such process can be improved; 
(6) establish a method to collect and evaluate 
Department component feedback; 
(7) utilize departmental matrices and systems 
to determine if technologies produced by the Direc-
torate have enhanced the ability of Department com-
ponents to perform their missions; 
(8) identify appropriate five-year levels of in-
vestment in basic and applied research and develop-
ment, in particular among the Department labora-
tories, federally funded research and development 
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centers, university-based centers, Department of En-
ergy national laboratories, and other Federal labora-
tories; 
(9) project balance of use of the entities re-
ferred to in paragraph (8) among the Directorate 
and other Department components; and 
(10) establish a formal merit review process, 
with external peer review where appropriate. 
(d) REPORT.—Not later than one year after the com-
pletion of the review required by subsection (b), the Direc-
tor of the DNDO shall submit to the Secretary and the 
appropriate congressional committees a report containing 
the findings of such review, together with information on 
the systems, methods, and mechanisms established, and 
recommendations for additional improvements. 
(e) UPDATES ON IMPLEMENTATION.—One hundred 
and twenty days after the date of enactment of this Act, 
and annually thereafter, the Inspector General of the De-
partment shall submit to the appropriate congressional 
committees an update on the status of implementation of 
this section and activities in support of such implementa-
tion. 
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SEC. 1053. STRATEGIC PLAN AND FUNDING ALLOCATIONS 
FOR GLOBAL NUCLEAR DETECTION ARCHI-
TECTURE. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees a report containing the fol-
lowing: 
(1) A strategic plan for the global nuclear de-
tection architecture to deter and detect the transport 
of nuclear or radioactive materials by all means pos-
sible, with specific focus on establishing the goals, 
objectives, and cost projections for the next five 
years, including a discussion of— 
(A) technological and nontechnological 
methods to increase detection capabilities; 
(B) the preventive nature of the global nu-
clear detection architecture, including projected 
impact on would-be terrorists; 
(C) detection capability enhancements for 
the various transportation modes, at ports of 
entry and between ports of entry; 
(D) balanced risk-based deployment of de-
tection assets across all border and other path-
ways; and 
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(E) any emerging threat vectors identified 
by the Director of the Domestic Nuclear Detec-
tion Office. 
(2) In consultation with the Secretary of De-
fense, the Secretary of Energy, the Secretary of 
State, the Nuclear Regulatory Commission, the In-
telligence Community, and the Attorney General, an 
analysis of overall budget allocations that determines 
whether Government-wide nuclear detection re-
sources clearly align with identified priorities to 
maximize results and minimize duplication of efforts. 
SEC. 1054. RADIATION PORTAL MONITOR ALTERNATIVES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that in view of the Secretary’s decision not to certify 
advanced spectroscopic portal monitors for primary 
screening applications because they do not offer a signifi-
cant increase in operational effectiveness over existing 
technology, the Director must attempt to identify viable 
alternatives. 
(b) ANALYSIS AND REPORT.—The Director of the 
Domestic Nuclear Detection Office shall analyze and re-
port to the appropriate congressional committees by not 
later than 90 days after the date of enactment of this Act 
on both existing and developmental alternatives to existing 
radiation portal monitors and advanced spectroscopic por-
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tal monitors that would provide the Department with a 
significant increase in operational effectiveness for pri-
mary screening for radioactive materials. 
Subtitle E—Clarifying Amendments 
SEC. 1061. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS. 
Section 305 (6 U.S.C. 184) is amended— 
(1) by inserting ‘‘(a) ESTABLISHMENT.—’’ be-
fore the first sentence; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(b) CONFLICTS OF INTEREST.—The Secretary shall 
review and revise, as appropriate, the policies of the De-
partment relating to personnel conflicts of interest to en-
sure that such policies specifically address employees of 
federally funded research and development centers estab-
lished under this section who are in a position to make 
or materially influence research findings or agency deci-
sionmaking. 
‘‘(c) ANNUAL REPORTS.—Each federally funded re-
search and development center established under this sec-
tion shall transmit to the Secretary and appropriate con-
gressional committees an annual report on the activities 
of the center.’’. 
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SEC. 1062. ELIMINATION OF HOMELAND SECURITY INSTI-
TUTE. 
(a) REPEAL.—Section 312 (6 U.S.C. 192) is re-
pealed. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) is amended by striking the item relating 
to such section. 
SEC. 1063. GAO STUDY OF THE IMPLEMENTATION OF THE 
STATUTORY RELATIONSHIP BETWEEN THE 
DEPARTMENT AND THE DEPARTMENT OF EN-
ERGY NATIONAL LABORATORIES. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall— 
(1) conduct a study to assess the implementa-
tion of the statutory relationship between the De-
partment and the Department of Energy national 
laboratories, as established by section 309(a)(2) of 
the Homeland Security Act of 2002 (6 U.S.C. 
189(a)(2)); and 
(2) submit recommendations to the appropriate 
congressional committees for appropriate improve-
ments to such relationship. 
(b) STUDY SUBJECTS.—The study shall include the 
following: 
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(1) Review of how the Department and the De-
partment of Energy national laboratories— 
(A) communicate needs and capabilities; 
and 
(B) select projects to be performed by the 
Department of Energy national laboratories 
under such statutory relationship. 
(2) Review of contracting mechanisms that the 
Department and the Department of Energy national 
laboratories use to initiate and track work under 
such statutory relationship. 
(3) Review of the fraction of Department of 
Energy national laboratory work performed for the 
Department under such statutory relationship, com-
pared to other Department of Energy national lab-
oratory work performed for the Department on a 
‘‘work for others’’ basis. 
(4) Review of the cost savings to the Depart-
ment and the Department of Energy achieved 
through use of such statutory relationship, compared 
to other Department of Energy national laboratory 
work performed for the Department on a ‘‘work for 
others’’ basis. 
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Subtitle 
F—Commission 
on 
the 
Protection of Critical Electric 
and Electronic Infrastructures 
SEC. 1071. COMMISSION ON THE PROTECTION OF CRITICAL 
ELECTRIC AND ELECTRONIC INFRASTRUC-
TURES. 
(a) ESTABLISHMENT.—There is established the Com-
mission on the Protection of Critical Electric and Elec-
tronic Infrastructures (in this section referred to as the 
‘‘Commission’’). 
(b) PURPOSES.— 
(1) IN GENERAL.—The purposes of the Com-
mission are to— 
(A) assess vulnerabilities of electric and 
electronic infrastructures, including— 
(i) all components of the United 
States electric grid, including electricity 
generation, transmission, distribution and 
metering; and 
(ii) all computerized control systems 
used in all United States critical infra-
structure sectors; 
(B) provide a clear and comprehensive 
strategy and specific recommendations for pro-
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tecting these critical electric and electronic in-
frastructures; and 
(C) test, evaluate, and report on specific 
mitigation protection and recovery devices or 
methods. 
(2) IN
PARTICULAR.—The Commission shall 
give particular attention to threats that can disrupt 
or damage critical electric and electronic infrastruc-
tures, including— 
(A) cyber attacks or unintentional cyber 
disruption; 
(B) electromagnetic phenomena such as 
geomagnetically induced currents, intentional 
electromagnetic 
interference, 
and 
electro-
magnetic pulses caused by nuclear weapons; 
and 
(C) other physical attack, act of nature, or 
accident. 
(c) COMPOSITION OF COMMISSION.— 
(1) MEMBERS.—The Commission shall be com-
posed of 9 members, of whom— 
(A) 1 member shall be appointed by the 
Chairman of the House of Representatives 
Committee on Homeland Security; 
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(B) 1 member shall be appointed by the 
ranking minority member of the House of Rep-
resentatives Committee on Homeland Security; 
(C) 1 member shall be appointed by the 
Chairman of the House of Representatives 
Committee on Energy and Commerce; 
(D) 1 member shall be appointed by the 
ranking minority member of the House of Rep-
resentatives Committee on Energy and Com-
merce; 
(E) 1 member shall be appointed by the 
Chairman of the Senate Committee on Home-
land Security and Governmental Affairs; 
(F) 1 member shall be appointed by the 
ranking minority member of the Senate Com-
mittee on Homeland Security and Govern-
mental Affairs; 
(G) 1 member shall be appointed by the 
Chairman of the Senate Committee on Energy 
and Natural Resources; 
(H) 1 member shall be appointed by the 
ranking minority member of the Senate Com-
mittee on Energy and Natural Resources; and 
(I) 1 member who shall serve as the Chair-
man of the Commission, and who shall be ap-
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pointed by the Speaker of the House of Rep-
resentatives with the concurrence of the Presi-
dent Pro Tempore of the Senate. 
(2) QUALIFICATIONS.—It is the sense of Con-
gress that individuals appointed to the Commission 
should be United States citizens, with significant 
depth of experience in electric and electronic infra-
structures, their function, and their protection, as 
well as the threats to these infrastructures as identi-
fied in subsection (b)(2). 
(3) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Commission shall be appointed within 30 
days after the date of enactment of this Act. 
(4) INITIAL MEETING.—The Commission shall 
meet and begin the operations of the Commission as 
soon as practicable. 
(5) QUORUM; 
VACANCIES.—After its initial 
meeting, the Commission shall meet upon the call of 
the Chairman or a majority of its members. Six 
members of the Commission shall constitute a 
quorum. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same 
manner in which the original appointment was 
made. 
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(d) RESPONSIBILITIES OF COMMISSION.—The Com-
mission shall address— 
(1) the quantification of the threats identified 
in subsection (b)(2) to the United States electric and 
electronic infrastructure, and a cost-benefit analysis 
of possible protection and recovery strategies; 
(2) the roles, missions, and structure of all rel-
evant Federal, State, and local government depart-
ments and agencies with responsibilities for ensuring 
protection and reliability for electric and electronic 
infrastructures; 
(3) the roles, missions, and structure of all rel-
evant private sector entities with responsibilities for 
ensuring protection and reliability for electric and 
electronic infrastructures; 
(4) inter-agency coordination between and 
among the entities identified in paragraphs (2) and 
(3); and 
(5) recommendations for protections and recov-
ery devices and measures. 
(e) POWERS OF COMMISSION.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion or, on the authority of the Commission, any 
subcommittee or member thereof, may, for the pur-
pose of carrying out this section, hold such hearings 
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and sit and act at such times and places, take such 
testimony, receive such evidence, and administer 
such oaths as the Commission or such designated 
subcommittee or designated member may determine 
advisable. 
(2) CONTRACTING.—The Commission may, to 
such extent and in such amounts as are provided in 
appropriations Acts, enter into contracts to enable 
the Commission to discharge its duties under this 
subtitle. 
(3) STAFF OF COMMISSION.— 
(A) APPOINTMENT AND COMPENSATION.— 
The Chairman of the Commission, in accord-
ance with rules agreed upon by the Commis-
sion, may appoint and fix the compensation of 
a staff director and such other personnel as 
may be necessary to enable the Commission to 
carry out its functions, without regard to the 
provisions of title 5, United States Code, gov-
erning appointments in the competitive service, 
and without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of such 
title relating to classification and General 
Schedule pay rates, except that no rate of pay 
fixed under this subsection may exceed the 
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equivalent of that payable for a position at level 
I of the Executive Schedule under section 5316 
of title 5, United States Code. 
(B) PERSONNEL
AS
FEDERAL
EMPLOY-
EES.— 
(i) IN
GENERAL.—The executive di-
rector and any employees of the Commis-
sion shall be employees under section 2105 
of title 5, United States Code, for purposes 
of chapters 63, 81, 83, 84, 85, 87, 89, and 
90 of that title. 
(ii) MEMBERS OF COMMISSION.—Sub-
paragraph (A) shall not be construed to 
apply to members of the Commission. 
(C) DETAILEES.—Any Federal Govern-
ment employee may be detailed to the Commis-
sion without reimbursement from the Commis-
sion, and such detailee shall retain the rights, 
status, and privileges of his or her regular em-
ployment without interruption. 
(D) CONSULTANT
SERVICES.—The Com-
mission may procure the services of experts and 
consultants in accordance with section 3109 of 
title 5, United States Code, but at rates not to 
exceed the daily rate paid a person occupying a 
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position at level I of the Executive Schedule 
under section 5315 of title 5, United States 
Code. 
(E) SECURITY CLEARANCES.—The Chair-
man shall place an emphasis on hiring and re-
taining employees, contractors, and detailees 
with active security clearances. For employees 
who do not have security clearances but are de-
termined by the Chairman to need them, the 
Central Intelligence Agency, Department of En-
ergy, Department of Defense, and any other 
relevant agency shall expedite the necessary 
clearance processes. 
(F) FORMER EMP COMMISSION STAFF AND 
RESOURCES.—The Chairman may make use of 
any existing and viable staff and resources pre-
viously employed by the Commission to Assess 
the Threat to the United States from Electro-
magnetic Pulse Attack established by section 
1401 of Public Law 106–398 (114 Stat. 
1654A–345). 
(4) INFORMATION FROM FEDERAL AGENCIES.— 
(A) IN GENERAL.—The Commission may 
secure directly from any executive department, 
bureau, agency, board, commission, office, inde-
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379 
pendent establishment, or instrumentality of the 
Government, information, suggestions, esti-
mates, and statistics for the purposes of this 
section. Each department, bureau, agency, 
board, commission, office, independent estab-
lishment, or instrumentality shall, to the extent 
authorized by law, furnish such information, 
suggestions, estimates, and statistics directly to 
the Commission, upon request made by the 
Chairman, the chairman of any subcommittee 
created by a majority of the Commission, or 
any member designated by a majority of the 
Commission. 
(B) RECEIPT, HANDLING, STORAGE, AND 
DISSEMINATION.—Information shall only be re-
ceived, handled, stored, and disseminated by 
members of the Commission and its staff con-
sistent with all applicable statutes, regulations, 
and Executive orders. 
(5) ASSISTANCE FROM FEDERAL AGENCIES.— 
(A) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall provide to the Commission on a reimburs-
able basis and as necessary, administrative sup-
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port and other services for the performance of 
the Commission’s functions. 
(B) OTHER
DEPARTMENTS
AND
AGEN-
CIES.—In addition to the assistance prescribed 
in paragraph (1), departments and agencies of 
the United States may provide to the Commis-
sion such services, funds, facilities, staff, and 
other support services as they may determine 
advisable and as may be authorized by law. 
(6) GIFTS.—The Commission may accept, use, 
and dispose of gifts or donations of services or prop-
erty. 
(7) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
under the same conditions as departments and agen-
cies of the United States. 
(f) PUBLIC MEETINGS AND RELEASE OF PUBLIC 
VERSIONS OF REPORTS.—The Commission shall— 
(1) hold public hearings and meetings to the ex-
tent appropriate; 
(2) release public versions of the report re-
quired under subsection (g); and 
(3) conduct any public hearing in a manner 
consistent with the protection of sensitive or classi-
fied information provided to or developed for or by 
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381 
the Commission as required by any applicable stat-
ute, regulation, or Executive order. 
(g) REPORT.—Not later than 180 days after the ap-
pointment of the Commission, and annually thereafter, the 
Commission shall submit to the President and Congress 
a report containing such findings, conclusions, and rec-
ommendations for protection and recovery measures for 
electric and electronic infrastructures as have been agreed 
to by a majority of Commission members. 
(h) FUNDING.—Of the amounts authorized by section 
1011, there is authorized to be appropriated for the activi-
ties of the Commission under this section $4,000,000 for 
fiscal year 2011. 
Subtitle G—Securing the Cities 
Initiative 
SEC. 1081. SECURING THE CITIES INITIATIVE. 
(a) IN GENERAL.—Title XIX of the Homeland Secu-
rity Act of 2002 is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 1908. AUTHORIZATION OF SECURING THE CITIES INI-
TIATIVE. 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) The Securing the Cities Initiative of the 
Department uses next generation radiation detection 
technology to detect the transport of nuclear and ra-
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diological material in urban areas by terrorists or 
other unauthorized individuals. 
‘‘(2) The technology used by partners in the Se-
curing the Cities Initiative leverages radiation detec-
tion technology used at ports of entry. 
‘‘(3) The Securing the Cities Initiative has fos-
tered unprecedented collaboration and coordination 
among its Federal, State, and local partners. 
‘‘(4) The Securing the Cities Initiative is a crit-
ical national capability to detect the dangerous intro-
duction of nuclear and radiological material. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary for the 
Securing the Cities Initiative such sums as may be nec-
essary for each fiscal year, including— 
‘‘(1) of the amounts authorized by section 201 
of the Counterterrorism Enhancement and Depart-
ment of Homeland Security Authorization Act of 
2010 for each city in which it has been implemented 
by fiscal year 2009 $20,000,000 for fiscal year 
2011; 
‘‘(2) not less than $10,000,000 in sustainment 
assistance for the cities referred to in paragraph (1) 
for each fiscal year thereafter; and 
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‘‘(3) for additional Securing the Cities initia-
tives to be implemented in not fewer than 2 sites 
participating in the Urban Area Security Initiative, 
such sums as may be necessary each fiscal year to 
implement and sustain each additional initiative.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act of 
2002 is amended by inserting after the item relating to 
section 1907 the following new item: 
‘‘Sec. 1908. Authorization of Securing the Cities Initiative.’’. 
TITLE XI—MANAGEMENT 
IMPROVEMENTS 
SEC. 1101. DIRECT LINE AUTHORITY FOR CHIEF OPER-
ATING OFFICERS. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 708. CHIEF OPERATING OFFICERS. 
‘‘(a) IN GENERAL.—The Chief Operating Officers of 
the Department include the following officials of the De-
partment: 
‘‘(1) The Chief Financial Officer. 
‘‘(2) The Chief Procurement Officer. 
‘‘(3) The Chief Information Officer. 
‘‘(4) The Chief Human Capital Officer. 
‘‘(5) The Chief Administrative Officer. 
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‘‘(6) The Chief Security Officer. 
‘‘(b) DELEGATION.—The Secretary shall delegate to 
each Chief Operating Officer direct authority over that Of-
ficer’s counterparts in component agencies to ensure that 
the component agencies adhere to the laws, rules, regula-
tions, and departmental policies for which such Officer is 
responsible for implementing. In coordination with the 
head of the relevant component agency, such authorities 
shall include, with respect to the Officer’s counterparts 
within component agencies of the Department, the fol-
lowing: 
‘‘(1) The authority to direct the activities of 
personnel. 
‘‘(2) The authority to direct planning, oper-
ations, and training. 
‘‘(3) The authority to direct the budget and 
other financial resources. 
‘‘(c) COORDINATION WITH HEADS OF COMPONENT 
AGENCIES.—In reporting to a Chief Operating Officer of 
the Department as required under subsection (b), a Chief 
Operating Officer of a component agency shall coordinate 
with the head of that component agency.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 707 the following: 
‘‘Sec. 708. Chief Operating Officers.’’. 
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SEC. 1102. DEPARTMENT OF HOMELAND SECURITY HEAD-
QUARTERS CONSOLIDATION PROJECT. 
(a) FINDINGS.—Relating to the consolidation of the 
operations of the Department in a secure location, Con-
gress finds the following: 
(1) The Department of Homeland Security and 
its component headquarters facilities are currently 
scattered widely throughout the National Capital 
Region. 
(2) This geographic dispersal disrupts the De-
partment’s ability to operate in an efficient manner, 
and could impair its ability to prevent, deter, pre-
pare for, and respond to a terrorist attack, major 
disaster, or other emergency. 
(3) The Government Accountability Office con-
tinues to list ‘‘Implementing and Transforming the 
Department of Homeland Security’’ on its ‘‘High 
Risk List’’. 
(4) Consolidating the Department’s head-
quarters and component facilities, to the greatest ex-
tent practicable, would be an important step in fa-
cilitating the transformation and integration of the 
Department. 
(5) The General Services Administration has 
determined that the only site under the control of 
the Federal Government within the National Capital 
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Region with the size, capacity, and security features 
to meet the minimum consolidation needs of the De-
partment as identified in the National Capital Re-
gion Housing Master Plan of the Department sub-
mitted to the Congress on October 24, 2006, is the 
West Campus of St. Elizabeths Hospital in the Dis-
trict of Columbia. 
(b) CONSOLIDATION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law and not later than the end of fiscal 
year 2016, the Secretary shall consolidate key head-
quarters offices and components of the Department, 
as determined by the Secretary, in accordance with 
this subsection. 
(2) ST. ELIZABETHS HOSPITAL.—The Secretary 
shall ensure that at the West Campus of St. Eliza-
beths Hospital in the District of Columbia, in a se-
cure setting, there are— 
(A) not less than 4,500,000 gross square 
feet of office space for use by the Department; 
and 
(B) all necessary parking and infrastruc-
ture to support approximately 14,000 employ-
ees. 
(3) OTHER MISSION SUPPORT ACTIVITIES.— 
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(A) IN
GENERAL.—The Secretary shall 
consolidate the physical location of all compo-
nents and activities of the Department in the 
National Capitol Region that do not relocate to 
the West Campus of St. Elizabeths Hospital to 
as few locations within the National Capital Re-
gion as possible. 
(B) LIMITATION.—The Secretary may only 
consolidate components and activities described 
in subparagraph (A) if the consolidation can be 
accomplished without negatively affecting the 
specific mission of the components or activities 
being consolidated. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section for fiscal year 2011. 
SEC. 1103. ACQUISITION PROFESSIONAL CAREER PRO-
GRAM. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.), is further amend-
ed by adding at the end the following new section: 
‘‘SEC. 709. ACQUISITION PROFESSIONAL CAREER PRO-
GRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish at the Department of Homeland Security an Acquisi-
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tion Professional Career Program for the recruitment, 
training, and retention of acquisition professionals for the 
Department of Homeland Security. 
‘‘(b) PROGRAM.—The program established under 
subsection (a) shall include three single-year rotations 
through various headquarters and component acquisition 
and program offices to provide the experience and training 
necessary to attain the status of a journeyman level acqui-
sition professional. 
‘‘(c) PARTICIPATION.—The Secretary may recruit 
and hire up to 100 interns for the program established 
under subsection (a) in each of fiscal years 2011 though 
2015.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such title the following 
new item: 
‘‘Sec. 709. Acquisition Professional Career Program.’’. 
SEC. 1104. ANNUITANTS FOR ACQUISITION POSITIONS. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘procurement office’’ means the 
Office of Procurement Operations and any other 
procurement office within any agency or other com-
ponent of the Department; 
(2) the term ‘‘annuitant’’ means an annuitant 
under a Government retirement system; 
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(3) the term ‘‘Government retirement system’’ 
means a retirement system established by law for 
employees of the Government of the United States; 
and 
(4) the term ‘‘employee’’ has the meaning given 
such term by section 2105 of title 5, United States 
Code. 
(b) APPOINTMENT AUTHORITY.—The Secretary (act-
ing through the Chief Procurement Officer) may, for the 
purpose of supporting the Department’s acquisition capa-
bilities and enhancing contract management throughout 
the Department, appoint annuitants to positions in pro-
curement offices in accordance with succeeding provisions 
of this section. 
(c) NONCOMPETITIVE
PROCEDURES; EXEMPTION 
FROM OFFSET.—An appointment made under subsection 
(b) shall not be subject to the provisions of title 5, United 
States Code, governing appointments in the competitive 
service, and any annuitant serving pursuant to such an 
appointment shall be exempt from sections 8344 and 8468 
of such title 5 (relating to annuities and pay on reemploy-
ment) and any other similar provision of law under a Gov-
ernment retirement system. 
(d) LIMITATIONS.—No appointment under subsection 
(b) may be made if such appointment would result in the 
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displacement of any employee or would cause the total 
number of positions filled by annuitants appointed under 
such subsection to exceed 250 as of any time (determined 
on a full-time equivalent basis). 
(e) RULE OF CONSTRUCTION.—An annuitant as to 
whom an exemption under subsection (c) is in effect shall 
not be considered an employee for purposes of any Govern-
ment retirement system. 
(f) TERMINATION.—Upon the expiration of the 5- 
year period beginning on the date of the enactment of this 
Act— 
(1) any authority to make appointments under 
subsection (b) shall cease to be available; and 
(2) all exemptions under subsection (c) shall 
cease to be effective. 
SEC. 1105. ACQUISITION REVIEW BOARD. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 
by adding at the end the following: 
‘‘SEC. 710. DEPARTMENT INVESTMENT REVIEW. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a process for the review of proposed investments by 
the Department. 
‘‘(b) PURPOSE.—The Secretary shall use the process 
established under subsection (a) to inform investment de-
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cisions, strengthen acquisition oversight, and improve re-
source management across the Department. 
‘‘(c) BOARDS AND COUNCILS.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a Department-wide Acquisition Review Board 
for the purpose of carrying out the investment re-
view process established under subsection (a). 
‘‘(2) MEMBERSHIP.—The Secretary shall des-
ignate appropriate officers of the Department to 
serve on the Acquisition Review Board. 
‘‘(3) SUBORDINATE BOARDS AND COUNCILS.— 
The Secretary may establish subordinate boards and 
councils reporting to the Acquisition Review Board 
to review certain categories of investments on a De-
partment-wide basis. 
‘‘(d) INVESTMENT
THRESHOLDS.—The Secretary 
shall establish threshold amounts for the review of invest-
ments by the Acquisition Review Board and any subordi-
nate boards and councils.’’. 
(b) REPORTING REQUIREMENTS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall submit a report on the implementation of the 
amendments made by this section, including pro-
viding all directives, instructions, memoranda, manu-
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als, guidebooks, and other materials relevant to the 
implementation of the amendments made by this 
section to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(B) the Committee on Homeland Security 
of the House of Representatives. 
(2) ANNUAL REPORT.— 
(A) IN
GENERAL.—The Secretary shall 
submit an annual report on the activities of the 
Acquisition Review Board and subordinate 
boards and councils established within the De-
partment for the purpose of Department-wide 
investment review and acquisition oversight 
under section 710 of the Homeland Security 
Act of 2002, as added by this section, including 
detailed statistics on programs and activities re-
viewed, to— 
(i) the Committee on Homeland Secu-
rity and Governmental Affairs of the Sen-
ate; and 
(ii) the Committee on Homeland Se-
curity of the House of Representatives. 
(B) ANNUAL FINANCIAL REPORT.—The re-
port under this paragraph may be included as 
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part of the performance and accountability re-
port submitted by the Department under sec-
tion 3516(f) of title 31, United States Code. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents in section 1(b) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 709 the fol-
lowing: 
‘‘Sec. 710. Department investment review.’’. 
SEC. 1106. OFFICE OF INSPECTOR GENERAL. 
Of the amount authorized by section 201, there is 
authorized 
to 
be 
appropriated 
to 
the 
Secretary 
$129,806,000 for fiscal year 2011 for operations of the 
Office of the Inspector General of the Department of 
Homeland Security. 
SEC. 1107. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN 
EACH 
COMPONENT 
OF 
DEPARTMENT 
OF 
HOMELAND SECURITY. 
(a) ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN 
EACH COMPONENT OF DEPARTMENT OF HOMELAND SE-
CURITY.— 
(1) IN GENERAL.—Subtitle C of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 141 et 
seq.) is amended by inserting after section 222 the 
following new section: 
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‘‘SEC. 222A. PRIVACY OFFICIALS. 
‘‘(a) DESIGNATION.— 
‘‘(1) IN GENERAL.—For each component of the 
Department under paragraph (2), the Secretary 
shall, in consultation with the head of the compo-
nent, designate a full-time privacy official, who shall 
report directly to the senior official appointed under 
section 222. Each such component privacy official 
shall have primary responsibility for its component 
in implementing the privacy policy for the Depart-
ment established by the senior official appointed 
under section 222. 
‘‘(2) COMPONENTS.—The components of the 
Department referred to in this subparagraph are as 
follows: 
‘‘(A) The Transportation Security Admin-
istration. 
‘‘(B) The Bureau of Citizenship and Immi-
gration Services. 
‘‘(C) Customs and Border Protection. 
‘‘(D) Immigration and Customs Enforce-
ment. 
‘‘(E) The Federal Emergency Management 
Agency. 
‘‘(F) The Coast Guard. 
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‘‘(G) The Directorate of Science and Tech-
nology. 
‘‘(H) The Office of Intelligence and Anal-
ysis. 
‘‘(I) The Directorate for National Protec-
tion and Programs. 
‘‘(b) RESPONSIBILITIES.—Each privacy official des-
ignated under subsection (a) shall report directly to both 
the head of the official’s component and the senior official 
appointed under section 222, and shall have the following 
responsibilities with respect to the component: 
‘‘(1) Serve as such senior official’s main point 
of contact at the component to implement the polices 
and directives of such senior official in carrying out 
section 222. 
‘‘(2) Advise the head of that component on pri-
vacy considerations when any law, regulation, pro-
gram, policy, procedure, or guideline is proposed, de-
veloped, or implemented. 
‘‘(3) Assure that the use of technologies by the 
component sustain or enhance privacy protections 
relating to the use, collection, and disclosure of per-
sonal information within the component. 
‘‘(4) Identify privacy issues related to compo-
nent programs and apply appropriate privacy poli-
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cies in accordance with Federal privacy law and De-
partmental policies developed to ensure that the 
component protects the privacy of individuals af-
fected by its activities. 
‘‘(5) Monitor the component’s compliance with 
all applicable Federal privacy laws and regulations, 
implement corrective, remedial, and preventive ac-
tions and notify the senior official appointed under 
section 222 of privacy issues or non-compliance, 
whenever necessary. 
‘‘(6) Ensure that personal information con-
tained in Privacy Act systems of records is handled 
in full compliance with section 552a of title 5, 
United States Code. 
‘‘(7) Assist in drafting and reviewing privacy 
impact assessments, privacy threshold assessments, 
and system of records notices, in conjunction with 
and under the direction of the senior official ap-
pointed under section 222, for any new or substan-
tially changed program or technology that collects, 
maintains, or disseminates personally identifiable in-
formation within the official’s component. 
‘‘(8) Assist in drafting and reviewing privacy 
impact assessments, privacy threshold assessments, 
and system of records notices in conjunction with 
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and under the direction of the senior official ap-
pointed under section 222, for proposed rulemakings 
and regulations within the component. 
‘‘(9) Conduct supervision of programs, regula-
tions, policies, procedures, or guidelines to ensure 
the component’s protection of privacy and, as nec-
essary, promulgate guidelines and conduct oversight 
to ensure the protection of privacy. 
‘‘(10) Implement and monitor privacy training 
for component employees and contractors in coordi-
nation with the senior official appointed under sec-
tion 222. 
‘‘(11) Provide the senior official appointed 
under section 222 with written materials and infor-
mation regarding the relevant activities of the com-
ponent, including privacy violations and abuse, that 
are needed by the senior official to successfully pre-
pare the reports the senior official submits to Con-
gress and prepares on behalf of the Department. 
‘‘(12) Any other responsibilities assigned by the 
Secretary or the senior official appointed under sec-
tion 222. 
‘‘(c) ROLE OF COMPONENT HEADS.—The head of a 
component identified in subsection (a)(2) shall ensure that 
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the privacy official designated under subsection (a) for 
that component— 
‘‘(1) has the information, material, and re-
sources necessary to fulfill the responsibilities of 
such official under this section; 
‘‘(2) is advised of proposed policy changes and 
the development of new programs, rules, regulations, 
procedures, or guidelines during the planning stage 
and is included in the decisionmaking process; and 
‘‘(3) is given access to material and personnel 
the privacy official deems necessary to carry out the 
official’s responsibilities. 
‘‘(d) LIMITATION.—Nothing in this section shall be 
considered to abrogate the role and responsibilities of the 
senior official appointed under section 222.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by in-
serting after the item related to section 222 the fol-
lowing new item: 
‘‘Sec. 222A. Privacy officials.’’. 
SEC. 1108. HOMELAND SECURE DATA NETWORK. 
Of the funds authorized in section 201, $3,500,000 
is authorized for the purchase and deployment of the 
Homeland Secure Data Network computer systems to 
agencies within the Department. 
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SEC. 1109. CONGRESSIONAL ACCESS TO INFORMATION. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by inserting after 
section 4 the following new section: 
‘‘SEC. 5. CONGRESSIONAL ACCESS TO INFORMATION, DOC-
UMENTS, ETC. 
‘‘Unless specifically authorized by law, the Constitu-
tion of the United States, or the rules governing the con-
duct of the House of Representatives and the Senate, the 
Department may not withhold any information, document, 
report, or other media from an appropriate congressional 
committee, and may not impose any training requirements 
on the receipt of such information, document, report, or 
other media.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 4 the following new item: 
‘‘Sec. 5. Congressional access to information, documents, etc.’’. 
TITLE XII—MISCELLANEOUS 
PROVISIONS 
SEC. 1201. IMMUNITY FOR REPORTS OF SUSPECTED TER-
RORIST ACTIVITY OR SUSPICIOUS BEHAVIOR 
AND RESPONSE. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 
is amended by adding at the end the following: 
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‘‘SEC. 890A. IMMUNITY FOR REPORTS OF SUSPECTED TER-
RORIST ACTIVITY OR SUSPICIOUS BEHAVIOR 
AND RESPONSE. 
‘‘(a) IMMUNITY FOR REPORTS OF SUSPECTED TER-
RORIST ACTIVITY OR SUSPICIOUS BEHAVIOR AND RE-
SPONSE.— 
‘‘(1) IN GENERAL.—Any person who, in good 
faith and based on objectively reasonable suspicion, 
makes, or causes to be made, a voluntary report of 
covered activity to an authorized official shall be im-
mune from civil liability under Federal, State, and 
local law for such report. 
‘‘(2) FALSE REPORTS.—Paragraph (1) shall not 
apply to any report that the person knew to be false 
or was made with reckless disregard for the truth at 
the time that the person made that report. 
‘‘(b) IMMUNITY FOR RESPONSE.— 
‘‘(1) IN GENERAL.—Any authorized official who 
observes, or receives a report of, covered activity and 
takes reasonable action in good faith to respond to 
such activity shall have qualified immunity from civil 
liability for such action, consistent with applicable 
law in the relevant jurisdiction. An authorized offi-
cial as defined by subsection (d)(1)(A) not entitled 
to assert the defense of qualified immunity shall 
nonetheless be immune from civil liability under 
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401 
Federal, State, and local law if such authorized offi-
cial takes reasonable action, in good faith, to re-
spond to the reported activity. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this sub-
section shall— 
‘‘(A) affect the ability of any authorized of-
ficial to assert any defense, privilege, or immu-
nity that would otherwise be available; and 
‘‘(B) be construed as affecting any such 
defense, privilege, or immunity. 
‘‘(c) ATTORNEY FEES AND COSTS.—Any authorized 
official or other person found to be immune from civil li-
ability under this section shall be entitled to recover from 
the plaintiff all reasonable costs and attorney fees. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) AUTHORIZED
OFFICIAL.—The term ‘au-
thorized official’ means— 
‘‘(A) any officer, employee, or agent of the 
Federal Government with responsibility for pre-
venting, protecting against, disrupting, or re-
sponding to a covered activity; or 
‘‘(B) any Federal, State, or local law en-
forcement officer. 
‘‘(2) COVERED ACTIVITY.—The term ‘covered 
activity’ means any suspicious transaction, activity, 
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402 
or occurrence indicating that an individual may be 
engaging, or preparing to engage, in a violation of 
law relating to an act of terrorism (as that term is 
defined in section 3077 of title 18, United States 
Code).’’. 
(b) AMENDMENT TO THE TABLE OF CONTENTS.— 
The table of contents for the Homeland Security Act of 
2002 is amended by inserting at the end of the items relat-
ing to subtitle H of title VIII the following new item: 
‘‘Sec. 890A. Immunity for reports of suspected terrorist activity or suspicious 
behavior and response.’’. 
SEC. 1202. HOMELAND SECURITY BIODEFENSE STRATEGY. 
(a) FINDINGS.—The Congress finds the following: 
(1) A major biological weapons attack on an 
unprotected population in the United States could 
cause significant morbidity and mortality, and could 
overwhelm the Nation’s public health capabilities 
and fiscal resources. 
(2) Although comprehensive interagency Fed-
eral biodefense assessments and strategy formula-
tions are necessary, such actions should also be 
taken at the departmental level, including at the De-
partment of Homeland Security. 
(3) Routine assessment of activities and capa-
bilities of the Department of Homeland Security 
would guide investment prioritization for biodefense- 
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403 
related research, development, planning, and pre-
paredness at the agency level, and serve as a critical 
component of a needed comprehensive Federal strat-
egy to prevent and respond to bioterror attacks. 
(4) An annual review that evaluates the 
progress of the Department of Homeland Security in 
implementing a biodefense strategy, identifies con-
tinuing gaps or vulnerabilities in its biodefense capa-
bilities, and makes recommendations for refining 
biodefense investments would allow for continued im-
provement of the strategy and an overall ability to 
ensure robustness in the homeland biodefense pos-
ture. 
(b) BIODEFENSE REVIEW AND STRATEGY.— 
(1) IN GENERAL.—The Homeland Security Act 
of 2002 (6 U.S.C. 101 et seq.) is amended by add-
ing at the end the following new title: 
‘‘TITLE XXI—BIODEFENSE 
‘‘SEC. 2201. BIODEFENSE STRATEGY. 
‘‘(a) IN GENERAL.—The Secretary shall issue every 
three years a biodefense strategy that establishes detailed 
strategic biodefense objectives for the Department’s mis-
sion areas. 
‘‘(b) COMPONENTS.—The strategy shall— 
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‘‘(1) delineate those areas of biodefense for 
which the Department is explicitly responsible; 
‘‘(2) include an inventory of the Department’s 
biodefense capabilities and assets; 
‘‘(3) 
be 
sufficiently 
detailed 
to 
guide 
prioritization of Department investments in and 
strategic approach to biodefense-related research, 
development, planning, and preparedness; and 
‘‘(4) include an implementation plan to enable 
the Department to carry out the strategic objectives 
contained in the strategy. 
‘‘(c) ANNUAL REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary shall annu-
ally review the most recent biodefense strategy under 
this section to determine any necessary major ad-
justments to the strategy. 
‘‘(2) CONSIDERATION
OF
BIODEFENSE
POL-
ICY.—Each review shall— 
‘‘(A) identify continuing gaps or vulnera-
bilities in the Department’s biodefense posture; 
‘‘(B) make recommendations for refining 
the Department’s biodefense investments; and 
‘‘(C) include a detailed analysis of how well 
the implementation plan included in the most 
recent biodefense strategy is allowing the De-
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405 
partment to meet the objectives of the bio-
defense strategy, with special emphasis on 
unmet objectives and proposed mechanisms to 
eliminate shortfalls in meeting those objectives, 
through budgetary, management, or other re-
finements. 
‘‘SEC. 2202. SUBMISSIONS TO CONGRESS. 
‘‘The Secretary shall submit each biodefense strategy 
and annual biodefense strategy review under this title to 
the appropriate congressional committees.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by add-
ing at the end the following new items: 
‘‘TITLE XXI—BIODEFENSE 
‘‘Sec. 2201. Biodefense strategy. 
‘‘Sec. 2202. Submissions to Congress.’’. 
(c) DEADLINE
FOR FIRST STRATEGY.—The Sec-
retary of Homeland Security shall complete the first bio-
defense strategy under section 2201 of the Homeland Se-
curity Act of 2002, as amended by this section, by not 
later than 1 year after the date of enactment of this Act. 
SEC. 1203. CIVIL LIABILITY FOR DISCLOSURE OF PRO-
TECTED SECURITY INFORMATION. 
(a) IN GENERAL.—Title VIII of the Homeland Secu-
rity Act of 2002 is amended— 
(1) by repealing sections 893 through 899; and 
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(2) by inserting after section 892 the following 
new section: 
‘‘SEC. 893. CIVIL LIABILITY FOR DISCLOSURE OF PRO-
TECTED SECURITY INFORMATION. 
‘‘(a) IN GENERAL.—Any person who willfully dis-
closes, in whole or in part, protected security information 
without authorization from the Department may be held 
liable to the United States for— 
‘‘(1) the actual damages and profits that result 
from the disclosure; or 
‘‘(2) in the alternative of actual damages and 
profits, an award of statutory damages for all disclo-
sures of the protected security information, in a sum 
of not less than $750 per disclosure and not more 
than $150,000. 
‘‘(b) PARTIAL DISCLOSURES.—For the purposes of 
this section, each disclosure of protected security informa-
tion taken from a larger work shall constitute a separate 
disclosure. 
‘‘(c) DISSEMINATION USING THE INTERNET.—For 
the purposes of this subsection, each download of pro-
tected security information shall constitute a separate dis-
closure. 
‘‘(d) LIMITATIONS ON LIABILITY RELATING TO MA-
TERIAL ONLINE.— 
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‘‘(1) ESTABLISHMENT OF A SAFE HARBOR.— 
Not later than 180 days after the date of enactment 
of this section, and prior to the commencement of 
any action to impose liability under this section, the 
Secretary shall establish safe harbor protections that 
exempt an Internet service provider from a penalty 
under this section for any disclosure of information 
made through a system or network controlled or op-
erated by or for an Internet service provider, or 
through the intermediate and transient storage of 
the information via the Internet, if— 
‘‘(A) the transmission or storage of the in-
formation was initiated by a person other than 
the Internet service provider; 
‘‘(B) the Internet service provider does not 
have actual knowledge of the sensitivity of the 
information; 
‘‘(C) the transmission, routing, provision of 
connections, or storage is carried out through 
an automatic technical process without selection 
of the information by the Internet service pro-
vider; 
‘‘(D) the Internet service provider does not 
select the recipients of the information except 
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408 
as an automatic response to the request of an-
other person; 
‘‘(E) no copy of the information made by 
the Internet service provider in the course of 
such intermediate or transient storage is main-
tained on the system or network in a manner 
ordinarily accessible to anyone other than an-
ticipated recipients, and no such copy is main-
tained on the system or network in a manner 
ordinarily accessible to such anticipated recipi-
ents for a longer period than is reasonably nec-
essary for the transmission, routing, or provi-
sion of connections; 
‘‘(F) 
the 
information 
is 
transmitted 
through the system or network without modi-
fication of its content; and 
‘‘(G) upon notice from the Department, 
the Internet service provider responds expedi-
tiously to remove or disable access to the infor-
mation. 
‘‘(2) REQUIREMENT OF NOTICE PROVISIONS.— 
In the safe harbor protections under this subsection, 
the Secretary shall include guidance regarding how 
any person seeking to avoid liability through the safe 
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409 
harbor protections will receive notification of having 
posted protected security information. 
‘‘(e) NO PUBLIC INTEREST DEFENSE.—It is not a 
defense against liability under this section that an unau-
thorized disclosure of protected security information was 
for the purpose of public criticism, comment, news report-
ing, teaching, scholarship, or research. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion preempts, abrogates, diminishes, or weakens any Fed-
eral or State law addressing the protection of protected 
security information or other sensitive information against 
unauthorized disclosures. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) PROTECTED
SECURITY
INFORMATION.— 
The term ‘protected security information’— 
‘‘(A) means information or material des-
ignated by the Department of Homeland Secu-
rity and clearly marked or clearly represented, 
pursuant to the provisions of a statute or Exec-
utive order (or a regulation or order issued pur-
suant to a statute or Executive order), as re-
quiring a specific degree of protection against 
unauthorized disclosure for reasons of national 
or homeland security; and 
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410 
‘‘(B) includes information protected from 
disclosure under— 
‘‘(i) section 550 of the Homeland Se-
curity Appropriations Act, 2007 (Public 
Law 109–295; 6 U.S.C. 121 note); 
‘‘(ii) section 214 of this Act; or 
‘‘(iii) section 114(r) of title 49, United 
States Code. 
‘‘(2) DISCLOSE AND DISCLOSURE.—The terms 
‘disclose’ and ‘disclosure’ mean any dissemination, 
republication, reproduction, copying, replication, 
transmission, storage, downloading, routing, or con-
veyance in any manner that makes information 
available to another person.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by striking the 
items relating to sections 893 through 899 and inserting 
the following new item: 
‘‘Sec. 893. Civil liability for disclosure of protected security information.’’. 
SEC. 1204. CONTINUATION OF AUTHORITY FOR FEDERAL 
LAW ENFORCEMENT TRAINING CENTER TO 
APPOINT AND MAINTAIN A CADRE OF FED-
ERAL ANNUITANTS. 
Section 1202(a) of the 2002 Supplemental Appro-
priations Act for Further Recovery From and Response 
To Terrorist Attacks on the United States (42 U.S.C. 
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411 
3771 note) is amended in the first sentence by striking 
‘‘December 31, 2012’’ and inserting ‘‘December 31, 
2013’’. 
SEC. 1205. RURAL POLICING INSTITUTE; RURAL AREA DE-
FINED. 
For purposes of section 210C of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 124j), a rural area shall also 
include any area that is located in a metropolitan statis-
tical area and a county, borough, parish, or area under 
the jurisdiction of an Indian tribe with a population of 
not more than 50,000. 
SEC. 1206. CHIEF VETERINARY OFFICER. 
(a) IN GENERAL.—Title III of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 317. CHIEF VETERINARY OFFICER. 
‘‘(a) IN GENERAL.—There is in the Department a 
Chief Veterinary Officer, who shall be appointed by the 
Secretary. The Chief Veterinary Officer shall report di-
rectly to the Chief Medical Officer, unless an individual 
other than the Assistant Secretary for Health Affairs is 
serving as the Chief Medical Officer, in which case the 
Chief Veterinary Officer shall report directly to the Assist-
ant Secretary for Health Affairs. 
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‘‘(b) QUALIFICATIONS.—The individual appointed as 
Chief Veterinary Officer shall be a veterinarian who pos-
sesses a demonstrated ability in and knowledge of veteri-
nary public health and emergency preparedness, and other 
professional experience as determined by the Secretary, 
such as in agriculture, food defense, and disaster medi-
cine. 
‘‘(c) RESPONSIBILITIES.—The Chief Veterinary Offi-
cer shall be the head of the division of the Department 
with primary responsibility for veterinary issues, food de-
fense, and agriculture security, and shall have primary re-
sponsibility within the Department for responsibilities re-
lating to veterinary medicine and veterinary public health, 
including each of the following: 
‘‘(1) Serving as the principal authority in the 
Department responsible for advising the Secretary, 
in coordination with the Assistant Secretary for 
Health Affairs, on veterinary public health, food de-
fense, and agricultural security issues. 
‘‘(2) Providing guidance for the health and wel-
fare of the Department’s working animals, including 
those used to enhance transportation, border, and 
maritime security, and for other purposes. 
‘‘(3) Leading the Department’s policy initiatives 
relating to food, animal, and agricultural incidents, 
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413 
and the impact of such incidents on animal and pub-
lic health. 
‘‘(4) Leading the Department’s policy initiatives 
relating to overall domestic preparedness for and col-
lective response to agricultural terrorism. 
‘‘(5) Serving as the principal point of contact in 
the Office of Health Affairs for all veterinary pre-
paredness and response research and development. 
‘‘(6) Serving as the principal point of contact in 
the Office of Health Affairs for sharing homeland 
security veterinary medical information with Depart-
ment officials, including all components with veteri-
nary, food, or agricultural interests. 
‘‘(7) Serving as the principal point of contact 
within the Department with respect to veterinary 
homeland security issues for the Department of Ag-
riculture, the Department of Defense, the Depart-
ment of Health and Human Services, and other 
Federal departments and agencies. 
‘‘(8) Serving as the principal point of contact 
within the Department with respect to veterinary 
homeland security issues for State, local, and tribal 
governments, the veterinary community, and other 
entities within and outside the Department. 
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‘‘(9) Performing such other duties relating to 
such responsibilities as the Secretary may require. 
‘‘(d) ADVANCE NOTICE OF REORGANIZATION RE-
QUIRED.—Not later than 180 days before carrying out 
any reorganization within the Department that would af-
fect any responsibility of the Chief Veterinary Officer, the 
Secretary shall submit to the appropriate congressional 
committees a report on the proposed reorganization.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to title III the following new 
item: 
‘‘Sec. 317. Chief Veterinary Officer.’’. 
Æ 
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