‘‘(1) making a contract award, other transaction 
agreement, or task and delivery order exceeding 
$10,000,000; or 
‘‘(2) announcing the intention to make such an 
award. 
‘‘(b) EXCEPTION.—If the Secretary determines that 
compliance with this section would pose a substantial risk 
to homeland security, an award may be made without the 
notification required by subsection (a) if the Secretary noti-
fies the appropriate congressional committees by not later 
than 5 business days after such award is made.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is further amended by adding at 
the end of the items relating to such title the following new 
item: 
‘‘Sec. 711. Notification to Congress of major procurement awards.’’. 
SEC. 207. INDEPENDENT VERIFICATION AND VALIDATION. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.) is further amended by 
adding at the end the following new section: 
‘‘SEC. 712. INDEPENDENT VERIFICATION AND VALIDATION. 
‘‘(a) IN GENERAL.—The Under Secretary for Manage-
ment shall establish a process to provide for the evaluation 
of the integrity and quality of major acquisitions, to be con-
ducted independently by personnel with no involvement or 
interest in the underlying acquisitions. 
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‘‘(b) REQUIREMENT FOR GUIDANCE.—The Under Sec-
retary for Management shall create a transparent acquisi-
tion process by making available to the public written guid-
ance that provides the following: 
‘‘(1) Criteria for applying and planning inde-
pendent verification and validation, including appro-
priate thresholds above which acquisitions may not 
proceed without independent verification and valida-
tion unless authorized to do so by the Acquisition Re-
view Board established under section 708. 
‘‘(2) Procedures for ensuring the managerial, fi-
nancial, and technical independence of providers of 
independent verification and validation. 
‘‘(3) 
Methods 
for 
integrating 
independent 
verification and validation results into program man-
agement. 
‘‘(c) REPORTING TO CONGRESS.—The annual report 
required by section 708(e) shall— 
‘‘(1) identify any acquisition that is granted ini-
tial approval to proceed by the Acquisition Review 
Board without undergoing the process to establish 
independent verification and validation required 
under this section; and 
‘‘(2) provide an explanation of the decision not 
to employ independent verification and validation.’’. 
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(b) DEADLINE.—The Under Secretary for Management 
shall establish the process required by the amendment made 
by subsection (a) not later than 180 days after the date 
of the enactment of this Act. 
(c) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is further amended by adding at 
the end of the items relating to such title the following new 
item: 
‘‘Sec. 712. Independent verification and validation.’’. 
SEC. 208. OTHER TRANSACTION AUTHORITY. 
Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is amended— 
(1) in subsection (a), by striking ‘‘Until Sep-
tember 30, 2011’’ and inserting ‘‘Until September 30, 
2016’’; 
(2) in subsection (b), by striking ‘‘Not later than 
2 years after the effective date of this Act, and annu-
ally thereafter’’ and inserting ‘‘Not later than Sep-
tember 30, 2015’’; and 
(3) in subsection (d)(1), by striking ‘‘September 
30, 2011’’ and inserting ‘‘September 30, 2016’’. 
SEC. 209. REPORT ON COMPETITION. 
Not later than 180 days after the date of the enactment 
of this Act, the Inspector General of the Department of 
Homeland Security shall prepare a report analyzing the 
use of competition in the award of contracts by the Depart-
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ment under the requirements of the Competition in Con-
tracting Act (41 U.S.C. 3301 et seq.), which shall include— 
(1) for each component of the Department— 
(A) the total number and dollar value of 
new contracts for each of the last three full fiscal 
years for which data is available; and 
(B) of that total number, the number of con-
tracts that were either— 
(i) entered into without full and open 
competition; or 
(ii) awarded under competition after 
receipt of only one offer; 
(2) a statistical analysis of statutory exceptions 
used to enter contracts without full and open competi-
tion; 
(3) a discussion of the trends in competition in 
each component of the Department; and 
(4) a comparison of the percentage of contracts 
awarded under full and open competition by the De-
partment and the percentage of contracts awarded 
under full and open competition by other Federal de-
partments and agencies. 
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SEC. 210. BUY AMERICAN REQUIREMENT IMPOSED ON DE-
PARTMENT OF HOMELAND SECURITY; EXCEP-
TIONS. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 890B. BUY AMERICAN REQUIREMENT; EXCEPTIONS. 
‘‘(a) REQUIREMENT.—Except as provided in sub-
sections (c) through (e), the Secretary may not procure an 
item described in subsection (b) if the item is not grown, 
reprocessed, reused, or produced in the United States. 
‘‘(b) COVERED ITEMS.— 
‘‘(1) IN GENERAL.—An item referred to in sub-
section (a) is any item described in paragraph (2), if 
the item is directly related to the national security 
interests of the United States. 
‘‘(2) ITEMS DESCRIBED.—An item described in 
this paragraph is any article or item of— 
‘‘(A) clothing and the materials and compo-
nents thereof, other than sensors, electronics, or 
other items added to, and not normally associ-
ated with, clothing (and the materials and com-
ponents thereof); 
‘‘(B) tents, tarpaulins, or covers; 
‘‘(C) cotton and other natural fiber prod-
ucts, woven silk or woven silk blends, spun silk 
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yarn for cartridge cloth, synthetic fabric or coat-
ed synthetic fabric (including all textile fibers 
and yarns that are for use in such fabrics), can-
vas products, or wool (whether in the form of 
fiber or yarn or contained in fabrics, materials, 
or manufactured articles); or 
‘‘(D) any item of individual equipment 
manufactured from or containing such fibers, 
yarns, fabrics, or materials. 
‘‘(c) AVAILABILITY EXCEPTION.—Subsection (a) does 
not apply to the extent that the Secretary determines that 
satisfactory quality and sufficient quantity of any such ar-
ticle or item described in subsection (b)(2) grown, reproc-
essed, reused, or produced in the United States cannot be 
procured as and when needed. 
‘‘(d) EXCEPTION FOR CERTAIN PROCUREMENTS OUT-
SIDE THE UNITED STATES.—Subsection (a) does not apply 
to the following: 
‘‘(1) Procurements by vessels in foreign waters. 
‘‘(2) Emergency procurements. 
‘‘(e) EXCEPTION FOR SMALL PURCHASES.—Subsection 
(a) does not apply to purchases for amounts not greater 
than the simplified acquisition threshold referred to in sec-
tion 2304(g) of title 10, United States Code. 
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‘‘(f) APPLICABILITY
TO
CONTRACTS
AND
SUB-
CONTRACTS FOR PROCUREMENT OF COMMERCIAL ITEMS.— 
This section is applicable to contracts and subcontracts for 
the procurement of commercial items notwithstanding sec-
tion 34 of the Office of Federal Procurement Policy Act (41 
U.S.C. 430). 
‘‘(g) GEOGRAPHIC COVERAGE.—In this section, the 
term ‘United States’ includes the possessions of the United 
States. 
‘‘(h) NOTIFICATION REQUIRED WITHIN 7 DAYS AFTER 
CONTRACT AWARD IF CERTAIN EXCEPTIONS APPLIED.—In 
the case of any contract for the procurement of an item de-
scribed in subsection (b)(2), if the Secretary applies an ex-
ception set forth in subsection (c) with respect to that con-
tract, the Secretary shall, not later than 7 days after the 
award of the contract, post a notification that the exception 
has been applied. 
‘‘(i) TRAINING.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that each member of the acquisition workforce who 
participates personally and substantially in the ac-
quisition of textiles on a regular basis receives train-
ing on the requirements of this section and the regula-
tions implementing this section. 
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‘‘(2) INCLUSION OF INFORMATION IN NEW TRAIN-
ING PROGRAMS.—The Secretary shall ensure that any 
training program for the acquisition workforce devel-
oped or implemented after the date of the enactment 
of this section includes comprehensive information on 
the requirements described in paragraph (1). 
‘‘(j) CONSISTENCY
WITH
INTERNATIONAL
AGREE-
MENTS.—This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements.’’. 
(b) EFFECTIVE DATE.—Section 890B of the Homeland 
Security Act of 2002, as added by subsection (a), shall 
apply with respect to contracts entered into by the Depart-
ment of Homeland Security on and after the date occurring 
180 days after the date of the enactment of this Act. 
(c) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by adding at the end 
of the items relating to such subtitle the following: 
‘‘Sec. 890B. Buy American requirement; exceptions.’’. 
SEC. 211. STRATEGIC SOURCING FOR MARINE AND AVIA-
TION ASSETS. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.) is further amended by 
adding at the end the following new section: 
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‘‘SEC. 714. STRATEGIC SOURCING FOR MARINE AND AVIA-
TION ASSETS. 
‘‘Before the development and procurement by the De-
partment of any marine or aviation asset or equipment, 
the Chief Procurement Officer for the Department shall co-
ordinate with the chief procurement officers of the Depart-
ment’s components, as appropriate— 
‘‘(1) to identify common mission requirements; 
and 
‘‘(2) to the extent practicable, to standardize 
equipment purchases, streamline the acquisition proc-
ess, improve efficiencies, and conduct best practices 
for strategic sourcing that would unify purchasing, 
address procurement issues, and improve control and 
oversight of asset purchases.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is further amended by adding at 
the end of the items relating to such title the following: 
‘‘Sec. 714. Strategic sourcing for marine and aviation assets.’’. 
SEC. 212. STRATEGIC SOURCING FOR DETECTION AND 
SCREENING TECHNOLOGY. 
(a) IN GENERAL.—Title VII of the Homeland Security 
Act of 2002 (6 U.S.C. 341 et seq.) is further amended by 
adding at the end the following new section: 
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‘‘SEC. 715. STRATEGIC SOURCING FOR DETECTION AND 
SCREENING TECHNOLOGY. 
‘‘(a) IN GENERAL.—Before the development and pro-
curement by the Department of any detection or screening 
technology, the Chief Procurement Officer for the Depart-
ment shall coordinate with the chief procurement officers 
of the Department’s components, as appropriate— 
‘‘(1) to identify common mission requirements; 
and 
‘‘(2) to the extent practicable, to standardize 
equipment purchases, streamline the acquisition of se-
curity screening technologies, improve efficiencies, 
and conduct best practices for strategic sourcing that 
would unify purchasing, address procurement issues, 
and improve control and oversight of technology as-
sets. 
‘‘(b) DETECTION OR SCREENING TECHNOLOGY DE-
FINED.—In this section the term ‘detection or screening 
technology’ includes x-ray equipment, metal detectors, and 
radiation detectors.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is further amended by adding at 
the end of the items relating to such title the following: 
‘‘Sec. 715. Strategic sourcing for detection and screening technology.’’. 
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SEC. 213. SPECIAL EMERGENCY PROCUREMENT AUTHORITY 
FOR DOMESTIC EMERGENCY OPERATIONS. 
(a) IN GENERAL.—Title V of the Homeland Security 
Act of 2002 is amended by adding at the end the following 
new section: 
‘‘SEC. 526. SPECIAL EMERGENCY PROCUREMENT AUTHOR-
ITY 
FOR 
DOMESTIC 
EMERGENCY 
OPER-
ATIONS. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary is authorized to permit a class 
deviation to the Federal Acquisition Regulation with re-
spect to the micropurchase threshold and may do so in such 
official’s sole discretion to support domestic emergency op-
erations and response activities related to acts of terrorism. 
‘‘(b) DELEGATION
OF AUTHORITY.—The Secretary 
may carry out this section by acting through the Under 
Secretary for Management. 
‘‘(c) LIMITATION.—In any class deviation under sub-
section (a), the micropurchase threshold may not exceed 
$15,000. 
‘‘(d) DOMESTIC EMERGENCY OPERATION DEFINED.— 
In this section, the term ‘domestic emergency operation’ 
means assistance activities carried out in support of or in 
response to— 
‘‘(1) an emergency or major disaster, as those 
terms are defined in section 102 of the Robert T. Staf-
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local governments, and disaster relief organizations in 
alleviating the damage, loss, hardship, or suffering 
caused thereby.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by adding at the end 
of the items relating to title V the following new item: 
‘‘Sec. 526. Special emergency procurement authority for domestic emergency oper-
ations.’’. 
SEC. 214. SOFTWARE LICENSING. 
(a) IN GENERAL.—Not later than 180 days after the 
enactment of this Act, and every 2 years thereafter, the 
Chief Information Officer of the Department, in consulta-
tion with Department component chief information officers, 
shall— 
(1) conduct a Department-wide inventory of all 
existing software licenses including utilized and un-
utilized licenses; 
(2) assess the needs of the Department and the 
components of the Department for software licenses 
for the upcoming 2 fiscal years; and 
(3) examine how the Department can achieve the 
greatest possible economies of scale and cost-savings 
in the procurement of software licenses. 
(b) EXCESS SOFTWARE LICENSES.— 
(1) PLAN TO REDUCE SOFTWARE LICENSES.—If 
the Chief Information Officer determines through the 
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inventory conducted under subsection (a) that the 
number of existing software licenses of the Depart-
ment and the components of the Department exceeds 
the needs of the Department as assessed under sub-
section (a), the Secretary, not later than 90 days after 
the date on which the inventory is completed under 
subsection (a), shall establish a plan for bringing the 
number of software licenses into balance with such 
needs of the Department. 
(2) PROHIBITION
ON
PROCUREMENT
OF
NEW 
SOFTWARE LICENSES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (A), upon completion of a plan es-
tablished under paragraph (1), no additional re-
sources may be obligated for the procurement of 
new software licenses until such time as the need 
of the Department exceeds the number of existing 
and unused licenses. 
(B) EXCEPTION.—The Chief Information 
Officer of the Department may allow the pur-
chase of additional licenses and amend the num-
ber of needed licenses as necessary. 
(c) GAO REVIEW.—The Comptroller General of the 
United States shall review the inventory conducted under 
subsection (a) and the plan established under subsection (b). 
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(d) SUBMISSION TO CONGRESS.—A copy of each in-
ventory conducted under subsection (a) and each plan estab-
lished under subsection (b) shall be submitted to the Com-
mittee on Homeland Security and Governmental Affairs of 
the Senate and the Committee on Homeland Security of the 
House of Representatives. 
SEC. 215. FINANCIAL MANAGEMENT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall submit 
to the appropriate congressional committees a Department-
wide financial management strategy. 
(b) CONTENTS.—The plan developed and submitted 
under subsection (a) shall— 
(1) clearly define and document a Department-
wide financial management strategy which shall inte-
grate the financial operations of all Department com-
ponents; 
(2) leverage existing best practices from compo-
nent legacy systems that meet expected performance 
and functionality targets; 
(3) include a detailed plan for consolidating and 
migrating various Department components to the new 
system; 
(4) implement specific processes to minimize 
project risk, including requirements management, 
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testing, data conversion and system interfaces, risk 
management, 
configuration 
management, 
project 
management, quality assurance and internal controls; 
(5) consider key human capital practices to en-
sure that financial management transformation ef-
forts are properly staffed with appropriately skilled 
employees; 
(6) clearly define the Department’s strategy for 
obtaining reliable auditable financial reporting and 
compliance with Federal financial laws and regula-
tions; and 
(7) develop an approach for obtaining reliable 
information on the costs of its financial management 
systems investments. 
(c) GOVERNMENT
ACCOUNTABILITY
OFFICE.—Not 
later than 270 days after the date of the enactment of this 
Act, the Comptroller General of the United States shall sub-
mit to Congress a report that contains— 
(1) the review and comments of the Comptroller 
General on the plan under subsection (a); 
(2) an evaluation of whether the plan under sub-
section (a) complies with and includes the implemen-
tation of prior Government Accountability Office rec-
ommendations regarding Department financial man-
agement; and 
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(3) recommendations regarding any additional 
actions necessary to address existing financial inter-
nal control weaknesses and achieve financial manage-
ment integration. 
TITLE III—INFORMATION SHAR-
ING 
AND 
INTELLIGENCE 
ANALYSIS 
SEC. 301. DEPARTMENT OF HOMELAND SECURITY NA-
TIONAL NETWORK OF FUSION CENTERS INI-
TIATIVE. 
(a) AMENDMENTS TO ESTABLISH NETWORK.— 
(1) AMENDMENTS.—Section 210A of the Home-
land Security Act of 2002 (6 U.S.C. 124h) is amend-
ed— 
(A) by striking the section heading and in-
serting the following: 
‘‘SEC. 210A. DEPARTMENT OF HOMELAND SECURITY NA-
TIONAL NETWORK OF FUSION CENTERS INI-
TIATIVE.’’; 
(B) in subsection (a), by striking ‘‘a De-
partment of Homeland Security State, Local, 
and Regional Fusion Center Initiative to estab-
lish partnerships with State, local, and regional 
fusion centers’’ and inserting ‘‘a Department of 
Homeland Security National Network of Fusion 
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Centers Initiative to establish partnerships with 
State and major urban area fusion centers’’; 
(C) by amending subsection (b) to read as 
follows: 
‘‘(b) INTERAGENCY SUPPORT AND COORDINATION.— 
Through the Department of Homeland Security National 
Network of Fusion Centers Initiative, principal officials of 
participating State and major urban area fusion centers, 
and the officers designated as the Homeland Security Advi-
sors of the States, the Secretary shall— 
‘‘(1) coordinate with other Federal departments 
and agencies to provide operational and intelligence 
advice and assistance to the National Network of Fu-
sion Centers; 
‘‘(2) support the integration of State and major 
urban area fusion centers into the information shar-
ing environment and the National Prevention Frame-
work as required by Presidential Policy Directive 8; 
‘‘(3) oversee the maturation and sustainment of 
the National Network of Fusion Centers, including the 
development of a fusion center performance manage-
ment program and exercises to assess the capability 
of individual fusion centers, the statewide fusion proc-
ess, and the national network; 
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‘‘(10) provide the National Network of Fusion 
Centers with expertise on Department resources and 
operations; 
‘‘(11) coordinate the provision of training and 
technical assistance to the National Network of Fu-
sion Centers and encourage fusion centers in such 
Network to participate in terrorism threat-related ex-
ercises conducted by the Department; 
‘‘(12) ensure, to the greatest extent practicable, 
that support to fusion centers in such network is re-
flected as a national priority in all applicable grant 
guidance; 
‘‘(13) ensure that each fusion center in such net-
work has a privacy policy approved by the Chief Pri-
vacy Officer of the Department; and 
‘‘(14) carry out such other duties as the Sec-
retary determines are appropriate.’’; 
(D) in subsection (c), by striking so much 
as precedes paragraph (3)(B) and inserting the 
following: 
‘‘(c) RESOURCE ALLOCATION.— 
‘‘(1) 
RESPONSIBILITIES
OF
UNDER
SEC-
RETARY.— 
‘‘(A) IN
GENERAL.—The Under Secretary 
for Intelligence and Analysis shall— 
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‘‘(i) lead Department efforts to ensure 
fusion centers in the Network are the pri-
mary focal points for the sharing of ter-
rorism-related information with State and 
local entities; and 
‘‘(ii) ensure that, as appropriate, oper-
ational, programmatic, and administrative 
resources, including intelligence officers, in-
telligence analysts, reporting officers, and 
other liaisons from components of the De-
partment are provided to qualifying State 
and major urban area fusion centers. 
‘‘(B) GRANT GUIDANCE.—The Under Sec-
retary for Intelligence and Analysis shall provide 
guidance on fusion centers to the Administrator 
of the Federal Emergency Management Agency 
in accordance with the memorandum of under-
standing required under section 210F. 
‘‘(2) SOURCES OF SUPPORT.— 
‘‘(A) IN
GENERAL.—Resources allocated 
under this subsection to fusion centers in the 
Network shall be provided by the following De-
partment components and offices, in coordina-
tion with the respective component head and in 
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consultation with the principal officials of fusion 
centers in the Network: 
‘‘(i) The Office of Intelligence and 
Analysis. 
‘‘(ii) The Office of Infrastructure Pro-
tection. 
‘‘(iii) The Transportation Security Ad-
ministration. 
‘‘(iv) U.S. Customs and Border Protec-
tion. 
‘‘(v) U.S. Immigration and Customs 
Enforcement. 
‘‘(vi) The Coast Guard. 
‘‘(vii) The Privacy Office of the De-
partment. 
‘‘(viii) The Office for Civil Rights and 
Civil Liberties of the Department. 
‘‘(ix) Other components or offices of the 
Department, as determined by the Sec-
retary. 
‘‘(B) COORDINATION WITH OTHER FEDERAL 
AGENCIES.—The Under Secretary for Intelligence 
and Analysis shall coordinate with appropriate 
officials throughout the Federal government to 
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ensure the relevant deployment of representatives 
of other Federal departments and agencies. 
‘‘(3) RESOURCE ALLOCATION CRITERIA.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make available criteria for allocating resources 
referred to in paragraph (1)(A)(ii) to any fusion 
center in the Network.’’; 
(E) in subsection (c)(3)(B), by striking 
‘‘and’’ after the semicolon at the end of clause 
(iv), by striking the period at the end of clause 
(v) and inserting ‘‘; and’’, and by adding at the 
end the following: 
‘‘(vi) whether the fusion center has pri-
vacy protections in place that are deter-
mined to be at least as comprehensive as the 
Federal information sharing environment 
privacy guidelines in effect on the date of 
the enactment.’’; 
(F) in subsection (e)— 
(i) by amending paragraph (1) to read 
as follows: 
‘‘(1) IN GENERAL.—The Secretary shall make it 
a priority to allocate resources, including deployed 
personnel, under this section from U.S. Customs and 
Border Protection, U.S. Immigration and Customs 
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Enforcement, and the Coast Guard to participating 
State and major urban area fusion centers located in 
jurisdictions along land or maritime borders of the 
United States in order to enhance the integrity of and 
security at such borders by helping Federal, State, 
local, and tribal law enforcement authorities to iden-
tify, investigate, and otherwise interdict persons, 
weapons, and related contraband that pose a threat to 
homeland security.’’; and 
(ii) in paragraph (2), by striking 
‘‘participating State, local, and regional fu-
sion centers’’ and inserting ‘‘participating 
State and major urban area fusion centers’’; 
(G) by redesignating subsections (f), (g), 
(h), (i), (j), and (k) as subsections (g), (h), (i), 
(j), (k), and (l), respectively, and inserting after 
subsection (e) the following new subsection: 
‘‘(f) MASS TRANSIT INTELLIGENCE PRIORITY.— 
‘‘(1) IN GENERAL.—To the greatest extent prac-
ticable, the Secretary shall, under this section, assign 
personnel with expertise in security of mass transit 
systems to participating State and major urban area 
fusion centers located in high-risk jurisdictions with 
mass transit systems. 
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‘‘(2) MASS TRANSIT INTELLIGENCE PRODUCTS.— 
In performing the responsibilities under subsection 
(d), officers and intelligence analysts assigned to fu-
sion centers in the Network shall, as a primary re-
sponsibility, create mass transit intelligence products 
that— 
‘‘(A) assist State, local, and tribal law en-
forcement agencies in detecting and interdicting 
terrorists, weapons of mass destruction, and re-
lated contraband traveling on mass transit sys-
tems or targeting mass transit systems; 
‘‘(B) promote consistent and timely sharing 
of mass transit security-relevant information 
among jurisdictions with mass transit systems; 
and 
‘‘(C) enhance the Department’s situational 
awareness of the threat of acts of terrorism at or 
involving mass transit systems. 
‘‘(3) DECONFLICTION.—In performing the re-
sponsibilities under subsection (d), officers and intel-
ligence analysts assigned to fusion centers in the Net-
work shall assist Federal, State, local, and tribal law 
enforcement authorities overseeing the security of 
mass transit systems with resolving conflicting threat 
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information 
provided 
by 
Federal 
Government 
sources.’’; 
(H) by amending subsection (j), as so redes-
ignated, to read as follows: 
‘‘(j) GUIDELINES.—The Secretary, in consultation 
with the Attorney General, shall— 
‘‘(1) ensure the consistent application of guid-
ance for identifying baseline capabilities and oper-
ational standards that must be achieved by a fusion 
center to participate in the Network; and 
‘‘(2) ensure that such guidance aligns with and 
is mutually supportive of the role of fusion centers in 
the National Prevention Framework.’’; and 
(I) in subsection (l), as so redesignated, by 
striking ‘‘subsection (i)’’ and inserting ‘‘sub-
section (j)’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by strik-
ing the item relating to such section and inserting the 
following: 
‘‘Sec. 210A. Department of Homeland Security National Network of Fusion Cen-
ters Initiative.’’. 
(b) MEMORANDUM OF UNDERSTANDING ON FUSION 
CENTERS.— 
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(1) IN GENERAL.—Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 210G. MEMORANDUM OF UNDERSTANDING ON FU-
SION CENTERS. 
‘‘The Administrator of the Federal Emergency Man-
agement Agency shall enter into a memorandum of under-
standing with the Under Secretary for Intelligence and 
Analysis that delineates the roles and responsibilities of 
their respective organizations with respect to policy and 
guidance for fusion center-related expenditures with grant 
funds.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by add-
ing at the end of the items relating to such subtitle 
the following: 
‘‘Sec. 210G. Memorandum of understanding on fusion centers.’’. 
SEC. 302. HOMELAND SECURITY INFORMATION SHARING 
NETWORKS DEVELOPMENT. 
(a) STRATEGY.—Within 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security 
shall develop a comprehensive strategy for the coordinated 
development and deployment of unclassified, sensitive but 
unclassified, and classified information sharing computer 
networks of the Department of Homeland Security. 
(b) PLAN.— 
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(1) IN GENERAL.—The strategy under subsection 
(a) shall include a comprehensive plan for the further 
development, acquisition, and deployment, and con-
tinual operations of— 
(A) the Homeland Security Information 
Network; 
(B) the Homeland Secure Data Network; 
and 
(C) the Homeland Top Secret Network. 
(2) CONTENTS.—The plan shall include the fol-
lowing: 
(A) cost estimates for the further develop-
ment of the networks identified in paragraph 
(1); 
(B) development and acquisition schedules; 
(C) a schedule for the decommissioning the 
legacy C–LAN system and transition to the 
Homeland Top Secret Network; 
(D) a comprehensive list of systems require-
ments that meet strategic goals and Department- 
wide operational and analytical mission require-
ments; 
(E) a plan for standardizing and properly 
disseminating the networks across the Depart-
ment; 
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(F) consideration for any homeland security 
computer system or database not listed in para-
graph (1) that is currently in development or in 
operation in any component or office of the De-
partment and that should be merged with or in-
corporated into one of the networks listed in 
paragraph (1) to eliminate redundancy, and a 
schedule for such merger or incorporation; and 
(G) a comprehensive plan for the coordi-
nated deployment of the systems listed in para-
graph (1), as considered appropriate by the Sec-
retary, to— 
(i) the Department of Homeland Secu-
rity Headquarters offices; 
(ii) the Department of Homeland Secu-
rity component headquarters; 
(iii) the field elements of Department 
of Homeland Security components; 
(iv) the National Network of Fusion 
Centers; 
(v) State and local government entities; 
and 
(vi) other Federal departments and 
agencies. 
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(c) REPORTING REQUIREMENT.—The Secretary shall 
report the strategy required by subsection (a) to the congres-
sional homeland security committees within 30 days after 
it is completed. 
SEC. 303. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGE-
MENT AT THE DEPARTMENT OF HOMELAND 
SECURITY INTELLIGENCE ELEMENTS. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by inserting after 
section 845 the following: 
‘‘SEC. 846. AUTHORITY TO ESTABLISH EXCEPTED SERVICE 
POSITIONS WITHIN THE INTELLIGENCE COM-
PONENTS OF THE DEPARTMENT OF HOME-
LAND SECURITY. 
‘‘(a) AUTHORITY.—The Secretary of Homeland Secu-
rity may convert both unencumbered and encumbered com-
petitive service positions, and the incumbents of any such 
positions, within the elements of the intelligence community 
within the Department of Homeland Security, to excepted 
service positions as the Secretary determines necessary to 
carry out the intelligence functions of the Department. 
‘‘(b) INCUMBENTS.—Any incumbent currently occu-
pying a position selected to be converted to the excepted 
service under this section shall have the right to refuse such 
conversion. Once such individual no longer occupies the po-
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sition, the position may be converted to the excepted serv-
ice.’’. 
(b) REPORTING.—The Secretary shall include infor-
mation, together with submission of the annual budget jus-
tification, on the following: 
(1) the challenge with filling vacancies of the po-
sitions referenced in subsection (a); 
(2) the extent to which the authority provided 
under subsection (a) was utilized to fill those posi-
tions; and 
(3) any impact that the exercise of that author-
ity had on diversity within the Department. 
(c) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 
101(b)) is amended by inserting after the item relating to 
section 845 the following: 
‘‘Sec. 846. Authority to establish excepted service positions within the intelligence 
components of the Department of Homeland Security.’’. 
SEC. 304. SUPPORT AND OVERSIGHT OF FUSION CENTERS. 
To ensure that the Department, as the lead Federal 
agency with responsibility for supporting fusion centers, is 
maximizing the utility of Federal funding awarded to fu-
sion centers through the Homeland Security Grant Pro-
gram, as a means of justifying support to fusion centers 
in subsequent fiscal years, the Inspector General shall, with-
in 180 days of the date of the enactment of this Act, submit 
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to Congress a report. The report shall include each of the 
following: 
(1) An audit of Federal homeland security grant 
funding awarded to fusion centers, to measure the ex-
tent to which the funding is used to achieve measur-
able homeland security outcomes, including filling 
gaps in critical baseline capabilities. 
(2) An assessment of the processes in place at the 
Department designed to track and measure the effec-
tiveness of grant funding to fusion centers, including 
an evaluation of the extent to which the Office of In-
telligence and Analysis and the Federal Emergency 
Management Agency coordinate to design and imple-
ment effective grant guidance and conduct proper 
oversight of the grant funding to fusion centers. 
(3) An assessment of the processes in place at the 
Department designed to track and measure the effec-
tiveness of grant funding to fusion centers, including 
an evaluation of the extent to which the fusion center 
considers privacy, civil rights, and civil liberties in 
the selection of contractors, trainers, and other per-
sonnel that provide advice and guidance to the fusion 
centers. 
(4) An assessment to determine whether each fu-
sion center has privacy protections in place that are 
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determined to be at least as comprehensive as the Fed-
eral information sharing environment privacy guide-
lines in effect on the date of enactment. 
(5) Recommendations on the development and 
implementation of a metrics program for the Federal 
Emergency Management Agency to measure the effi-
cacy of grant funding to fusion centers. 
SEC. 305. AUDIT ON PRIVACY AND CIVIL LIBERTIES AND UP-
DATE ON PRIVACY AND CIVIL LIBERTIES IM-
PACT ASSESSMENTS. 
(a) INSPECTOR GENERAL AUDIT.—Not later than 1 
year after the date of the enactment of this Act, the Inspec-
tor General of the Department shall— 
(1) conduct an audit on the activities of the De-
partment to ensure that State and local fusion centers 
take appropriate measures to protect privacy and 
civil liberties, including through the implementation 
of training programs and support for the development 
of fusion center privacy policies; and 
(2) submit a report on the results of that audit 
to the Homeland Security and Governmental Affairs 
Committee of the Senate and the Committee on 
Homeland Security of the House of Representatives. 
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(b) PRIVACY IMPACT ASSESSMENT.—Not later than 
180 days after the date of the enactment of this Act, the 
Privacy Officer of the Department shall— 
(1) update the Privacy Impact Assessment for 
the State, Local, and Regional Fusion Center Initia-
tive completed in 2008 in accordance with the re-
quirements of section 511(d)(2) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 
in order to reflect the evolution of State and local fu-
sion centers since that date; and 
(2) submit the updated assessment to the Home-
land Security and Governmental Affairs Committee 
of the Senate and the Committee on Homeland Secu-
rity of the House of Representatives. 
(c) CIVIL LIBERTIES IMPACT ASSESSMENT.—Not later 
than 180 days after the date of the enactment of this Act, 
the Officer for Civil Liberties and Civil Rights of the De-
partment shall— 
(1) update the Civil Liberties Impact Assessment 
for the State, Local and Regional Fusion Center Ini-
tiative completed in 2008 in accordance with the re-
quirements of section 511(d)(2) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 
in order to reflect the evolution of State and local fu-
sion centers since that date; and 
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(2) submit the updated assessment to the Home-
land Security and Governmental Affairs Committee 
of the Senate and the Committee on Homeland Secu-
rity of the House of Representatives. 
TITLE IV—9/11 REVIEW 
COMMISSION 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘9/11 Review Commis-
sion Act’’. 
SEC. 402. ESTABLISHMENT. 
There is established in the legislative branch a Na-
tional Commission to Review the National Response Since 
the Terrorist Attacks of September 11, 2001 (referred to as 
the ‘‘9/11 Review Commission’’). 
SEC. 403. PURPOSES OF THE 9/11 REVIEW COMMISSION. 
The 9/11 Review Commission shall conduct a com-
prehensive review of the implementation of the rec-
ommendations proposed in the report issued by the Na-
tional Commission on Terrorist Attacks Upon the United 
States (commonly known as the ‘‘9/11 Commission’’), as es-
tablished pursuant to section 601 of the Intelligence Author-
ization Act for Fiscal Year 2003 (Public Law 107–306). 
The review of the 9/11 Review Commission shall— 
(1) assess the progress and challenges in carrying 
out the recommendations of the 9/11 Commission, in-
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cluding any relevant legislation, executive order, regu-
lation, plan, policy, practice, or procedure imple-
mented since the attacks of September 11, 2001; 
(2) analyze the trends of domestic terror attacks 
since the attacks of September 11, 2001, including the 
growing influence of domestic radicalization and its 
causes, and recommendations on how Federal, State, 
and local agencies can deter and mitigate such 
radicalization; 
(3) investigate whether there exists evidence that 
was not considered by the 9/11 Commission of any 
conduct, relationships, or other factors which served 
in any manner to contribute to, facilitate, support, or 
assist the hijackers who carried out the terrorist at-
tacks of September 11, 2001; and 
(4) provide additional recommendations with re-
gard to protecting United States homeland security, 
ensuring interagency intelligence sharing, and other 
matters relating to counterterrorism policy. 
SEC. 404. COMPOSITION OF THE 9/11 REVIEW COMMISSION. 
The 9/11 Review Commission shall be composed of a 
chairman, to be appointed by the Speaker of the House of 
Representatives, and a vice chairman, to be appointed by 
the Majority Leader of the Senate. 
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SEC. 405. AUTHORITY OF 9/11 REVIEW COMMISSION. 
(a) HEARINGS
AND EVIDENCE.—The 9/11 Review 
Commission, or any panel acting on the authority of the 
9/11 Review Commission, may— 
(1) hold hearings, take testimony, receive evi-
dence, and administer oaths; and 
(2) subject to subsection (b)(1), require, by sub-
poena or otherwise, the attendance and testimony of 
such witnesses and the production of such books, 
records, correspondence, memoranda, electronic com-
munications, papers, and documents, as the 9/11 Re-
view Commission or such designated panel may deter-
mine advisable. 
(b) SUBPOENA AUTHORITY.— 
(1) ISSUANCE.—Upon the agreement of the 
chairman and the vice chairman, the chairman may 
issue a subpoena to compel the production of docu-
ments or sworn testimony. 
(2) PROCESS.—Subpoenas issued pursuant to 
this subsection shall be signed by the chairman or any 
person designated by the chairman, and may be 
served by any person designated by the chairman. 
(3) ENFORCEMENT.— 
(A) IN GENERAL.—In the event that any 
person fails to obey a subpoena issued pursuant 
to paragraph (1), the United States district 
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court for the judicial district in which the sub-
poenaed person resides, is served, or may be 
found, or where the subpoena is returnable, may 
issue an order requiring such person to appear 
at any designated place to testify or to produce 
documentary or other evidence. Any person fail-
ing to obey the order of the court may be held 
in contempt of the court. 
(B) ADDITIONAL
ENFORCEMENT.—In the 
case of any failure of any witness to comply with 
any subpoena or to testify when summoned 
under authority of this section, the chairman 
may certify a statement of fact constituting such 
failure to the appropriate United States attor-
ney, who may bring the matter before the grand 
jury for its action, under the same statutory au-
thority and procedures as if the United States 
attorney had received a certification under sec-
tions 102 through 104 of the Revised Statutes of 
the United States (2 U.S.C. 192–194). 
(c) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The 9/11 Review Commission 
is authorized to secure directly from any executive de-
partment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality of the 
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Government, information, suggestions, estimates, and 
statistics for the purposes of this title. Each such de-
partment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality shall, 
to the extent authorized by law, furnish such informa-
tion, suggestions, estimates, and statistics directly to 
the 9/11 Review Commission, upon request made by 
the chairman or the vice chairman. 
(2) RECEIPT, HANDLING, STORAGE, AND
DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by the 9/11 Review 
Commission, including its staff, in accordance with 
all applicable statutes, regulations, and Executive or-
ders. 
(d) ADVISORY PANELS.—The chairman may establish 
advisory panels composed of individuals, including such ex-
perts as the chairman determines appropriate, who may 
undertake investigations, evaluate evidence, make findings, 
and provide recommendations to the 9/11 Review Commis-
sion. 
(e) CONTRACTING.—The 9/11 Review Commission 
may, to such extent and in such amounts as are provided 
by appropriations, enter into contracts to enable the Com-
mission to discharge its duties under this title. 
(f) ASSISTANCE FROM FEDERAL AGENCIES.— 
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(1) GENERAL SERVICES ADMINISTRATION.—The 
Administrator of General Services shall provide to the 
9/11 Review Commission, on a reimbursable basis, 
administrative support and other services for the per-
formance of the 9/11 Review Commission’s functions. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance prescribed in paragraph 
(1), the heads of Federal departments and agencies 
may provide to the 9/11 Review Commission such 
services, funds, facilities, staff, and other support 
services as such heads determine advisable and as 
may be authorized by law. 
(g) POSTAL SERVICES.—The 9/11 Review Commission 
may use the United States mails in the same manner and 
under the same conditions as Federal departments and 
agencies. 
SEC. 406. COMPENSATION. 
The chairman and vice chairman of the 9/11 Review 
Commission may receive compensation in an amount not 
to exceed the daily equivalent of the annual rate of basic 
pay in effect for a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, 
for each day during which the chairman or vice chairman, 
as the case may be, is engaged in the actual performance 
of the duties of the 9/11 Review Commission. 
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SEC. 407. APPOINTMENT OF STAFF. 
(a) IN GENERAL.—The chairman, in consultation with 
the vice chairman and in accord with any rule agreed upon 
by the 9/11 Review Commission, may appoint and fix the 
compensation of a staff director and such other personnel 
as may be necessary to enable the 9/11 Review Commission 
to carry out its functions, without regard to the provisions 
of title 5, United States Code, governing appointments in 
the competitive service, and without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates, 
except that no rate of pay fixed under this subsection may 
exceed the equivalent of that payable for a position at level 
V of the Executive Schedule under section 5316 of title 5, 
United States Code. 
(b) TRAVEL
EXPENSES.—While away from their 
homes or regular places of business in the performance of 
services for the 9/11 Review Commission, members and staff 
of the Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in the Government serv-
ice are allowed expenses under section 5703(b) of title 5, 
United States Code. 
(c) STAFF AS FEDERAL EMPLOYEES.— 
(1) IN GENERAL.—Any staff receiving compensa-
tion under this section shall be employees under sec-
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tion 2105 of title 5, United States Code, for purposes 
of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such 
title. 
(2) MEMBERS OF COMMISSION.—Paragraph (1) 
shall not be construed to apply to the chairman or 
vice chairman. 
(d) DETAILEES.—Any Federal Government employee 
may be detailed to the 9/11 Review Commission without 
reimbursement from the 9/11 Review Commission, and such 
detailee shall retain the rights, status, and privileges of his 
or her regular employment without interruption. 
(e) CONSULTANT SERVICES.—The 9/11 Review Com-
mission is authorized to procure the services of experts and 
consultants in accordance with section 3109 of title 5, 
United States Code, but at rates not to exceed the daily 
rate paid to a person occupying a position at level IV of 
the Executive Schedule under section 5315 of title 5, United 
States Code. 
SEC. 408. SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF. 
The appropriate Federal agencies or departments shall 
provide to the 9/11 Review Commission, to the extent pos-
sible, personnel with appropriate security clearances. No 
person shall be provided with access to classified informa-
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tion under this title without the appropriate security clear-
ances. 
SEC. 409. NONAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT. 
(a) IN GENERAL.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the 9/11 Review 
Commission. 
(b) PUBLIC MEETINGS
AND RELEASE
OF PUBLIC 
VERSIONS OF REPORTS.—The 9/11 Review Commission 
shall— 
(1) hold public hearings and meetings to the ex-
tent appropriate; and 
(2) release public versions of the reports required 
under this title. 
(c) PUBLIC HEARINGS.—Any public hearings of the 9/ 
11 Review Commission shall be conducted in a manner con-
sistent with the protection of information provided to or 
developed for or by the 9/11 Review Commission as required 
by any applicable statute, regulation, or Executive order. 
SEC. 410. REPORTS OF 9/11 REVIEW COMMISSION. 
(a) INTERIM REPORTS.—The 9/11 Review Commission 
may submit to the President and provide to Congress in-
terim reports containing its findings, conclusions, and rec-
ommendations, and may submit with such reports any clas-
sified annexes. 
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100 
(b) FINAL REPORT.—Not later than 12 months after 
the date of the enactment of this Act, the 9/11 Review Com-
mission shall submit to the President and appropriate con-
gressional committees (as such term is defined in section 
101 of the Homeland Security Act of 2002 (6 U.S.C. 101)) 
a final report, together with a classified annex if such is 
determined appropriate, containing such findings, conclu-
sions, and recommendations for corrective measures as have 
been agreed to by the chairman and vice chairman. 
(c) TERMINATION.— 
(1) IN GENERAL.—The 9/11 Review Commission, 
and all the authorities of this title, shall terminate 30 
days after the date on which the final report is sub-
mitted under subsection (b). 
(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI-
NATION.—The 9/11 Review Commission may use the 
30-day period referred to in paragraph (1) for the 
purpose of concluding its activities, including pro-
viding testimony to Congress concerning its reports 
and disseminating the final report. 
SEC. 411. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $1,000,000 to carry out this 
title. 
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101 
(b) DURATION
OF AVAILABILITY.—Amounts made 
available to the 9/11 Review Commission under this section 
shall remain available until the termination of the 9/11 Re-
view Commission. 
TITLE V—PREPAREDNESS AND 
RESPONSE 
Subtitle A—WMD Preparedness and 
Response 
SEC. 501. HOMELAND SECURITY BIODEFENSE STRATEGY. 
(a) BIODEFENSE REVIEW AND STRATEGY.— 
(1) IN GENERAL.—The Homeland Security Act 
of 2002 (6 U.S.C. 101 et seq.) is amended by adding 
at the end the following new title: 
‘‘TITLE XXI—WEAPONS OF MASS 
DESTRUCTION 
‘‘SEC. 2101. BIODEFENSE STRATEGY. 
‘‘(a) IN GENERAL.—The Secretary shall issue, at least 
once every four years, a biodefense strategy that establishes 
detailed strategic biodefense objectives for the Department’s 
mission areas. 
‘‘(b) COMPONENTS.—The strategy shall— 
‘‘(1) delineate those areas of biodefense for which 
the Department is explicitly responsible; 
‘‘(2) include an inventory of the Department’s 
biodefense capabilities and assets; 
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‘‘(3) 
be 
sufficiently 
detailed 
to 
guide 
prioritization of Department investments in and stra-
tegic approach to biodefense-related research, develop-
ment, planning, and preparedness; and 
‘‘(4) include an implementation plan to enable 
the Department to carry out the objectives contained 
in the strategy. 
‘‘(c) ANNUAL REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary shall annually 
review the most recent biodefense strategy under this 
section to determine any necessary major adjustments 
to the strategy. 
‘‘(2) CONSIDERATION OF BIODEFENSE POLICY.— 
Each review shall— 
‘‘(A) 
identify 
continuing 
gaps 
or 
vulnerabilities in the Department’s biodefense 
posture; 
‘‘(B) make recommendations for refining the 
Department’s biodefense investments; and 
‘‘(C) include a detailed analysis of how well 
the implementation plan included in the most 
recent biodefense strategy is allowing the Depart-
ment to meet the objectives of the biodefense 
strategy, with special emphasis on unmet objec-
tives and proposed mechanisms to eliminate 
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‘‘(ii) provide for roaming by local, 
State, tribal, and Federal governments and 
other authorized users of the spectrum li-
censed to the public safety broadband li-
censee; 
‘‘(iii) provide priority access to public 
safety agencies; 
‘‘(iv) be built to survive most large- 
scale disasters; 
‘‘(v) ensure that networks of such sys-
tems have the appropriate level of cyber se-
curity; 
‘‘(vi) ensure that authorized users have 
control over all local network uses consistent 
with rules established by the Commission; 
and 
‘‘(vii) be consistent with the Statewide 
Interoperable Communications Plans adopt-
ed by each State and the National Emer-
gency Communications Plan, as adopted by 
the Department of Homeland Security. 
‘‘(C) DEADLINES.— 
‘‘(i) RULES.—The Commission shall 
establish rules under this paragraph not 
later than 9 months after the date of enact-
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