I 111th CONGRESS 2d Session H. R. 5590 IN THE HOUSE OF REPRESENTATIVES June 24, 2010 Mr. King of New York (for himself, Mr. Daniel E. Lungren of California, Mr. Rogers of Alabama, Mr. McCaul, Mr. Dent, Mr. Bilirakis, Mr. Broun of Georgia, Mrs. Miller of Michigan, Mr. Olson, Mr. Cao, and Mr. Austria) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on Armed Services, Rules, the Judiciary, Energy and Commerce, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To strengthen measures to protect the United States from terrorist attacks and to authorize appropriations for the Department of Homeland Security for fiscal year 2011, and for other purposes.

1.

Short title

(a)

Short Title

This Act may be cited as the Counterterrorism Enhancement and Department of Homeland Security Authorization Act of 2010. (b)

Table of Contents

The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Definitions. Title I—Counterterrorism, Intelligence, and Information Sharing Sec. 101. Prohibition on use of Department of Justice funds to prosecute individuals detained at Naval Station, Guantanamo Bay, Cuba, in the United States. Sec. 102. Presidential certification. Sec. 103. Provision of classified files. Sec. 104. Ensuring the collection of critical intelligence. Sec. 105. Report on the High Value Detainee Interrogation Group. Sec. 106. Covert agent identity protection. Sec. 107. Special Interagency Task Force on Detainee Disposition. Sec. 108. Threat assessment relating to transfer of Guantanamo detainees to the United States or its territories. Sec. 109. Habeas corpus. Sec. 110. Violent radicalization and homegrown terrorism prevention. Title II—Authorization of Appropriations Sec. 201. Authorization of appropriations. Title III—Congressional Oversight Sec. 301. Congressional oversight. Title IV—Border Security Sec. 401. Strategy to achieve control of the border. Sec. 402. Maintaining border patrol staffing. Sec. 403. Border technology and infrastructure. Sec. 404. Unmanned aerial system deployment. Sec. 405. Border security on public lands. Sec. 406. Increase in port of entry inspection personnel. Sec. 407. Maintaining border inspection expertise. Sec. 408. Conversion of certain overseas limited appointments. Sec. 409. Civil air patrol study. Sec. 410. Implementation of US–VISIT. Sec. 411. Northern border canine teams. Sec. 412. Visa security program expansion. Sec. 413. Visa revocation authority. Sec. 414. Improved student visa screening and foreign student monitoring. Title V—Enforcement and Investigations Subtitle A—Border and Immigration Enforcement Sec. 501. Increase in full-time immigration and customs enforcement investigators. Sec. 502. Mandatory detention for aliens apprehended at or between ports of entry. Sec. 503. Denial of admission to nationals of countries denying or delaying acceptance of aliens. Sec. 504. Alien transfer and reimbursement authority. Subtitle B—United States Secret Service Sec. 511. Authorization of the homeland security functions of the United States Secret Service. Sec. 512. Report on the United States Secret Service James J. Rowley Training Center. Sec. 513. Communications interoperability. Sec. 514. International field offices. Title VI—Transportation Security Sec. 601. Short title. Sec. 602. Definitions. Sec. 603. Authorities vested in Assistant Secretary. Subtitle A—Authorization of Appropriations Sec. 611. Authorization of appropriations. Sec. 612. Risk-based system for allocation of resources. Subtitle B—Aviation Security Chapter 1—Amendments to Chapter 449 Sec. 621. Screening air cargo and checked baggage. Sec. 622. Prohibition of advance notice of covert testing to security screeners. Sec. 623. Secure verification system for law enforcement officers. Sec. 624. Ombudsman for Federal Air Marshal Service. Sec. 625. Federal flight deck officer program enhancements. Sec. 626. Federal air marshals. Sec. 627. Assistant Secretary defined. Sec. 628. TSA and homeland security information sharing. Sec. 629. Aviation security stakeholder participation. Sec. 630. General aviation security. Sec. 631. Security and self-defense training. Sec. 632. Security screening of individuals with metal implants traveling in air transportation. Sec. 633. Prohibition on outsourcing. Sec. 634. Known air traveler credential. Sec. 635. Advanced imaging technology. Chapter 2—Other Matters Sec. 636. Security risk assessment of airport perimeter access controls. Sec. 637. Advanced passenger prescreening system. Sec. 638. Biometric identifier airport access enhancement demonstration program. Sec. 639. Transportation security training programs. Sec. 640. Deployment of technology approved by science and technology directorate. Sec. 641. In-line baggage screening study. Sec. 642. In-line checked baggage screening systems. Sec. 643. Inspector General report on certain policies for Federal air marshals. Sec. 644. Explosives detection canine teams minimum for aviation security. Sec. 645. Assessments and GAO Report of inbound air cargo screening. Sec. 646. Status of efforts to promote air cargo shipper certification. Sec. 647. Full and open competition in security background screening service. Sec. 648. Trusted passenger/Registered Traveler program. Sec. 649. Report on cabin crew communication. Sec. 650. Air cargo crew training. Sec. 651. Reimbursement for airports that have incurred eligible costs. Sec. 652. Establishment of appeal and redress process for individuals wrongly delayed or prohibited from boarding a flight, or denied a right, benefit, or privilege. Sec. 653. Personal protective equipment. Sec. 654. Security screening for members of the Armed Forces. Sec. 655. Report on commercial aviation security plans. Sec. 656. Study on combination of facial and iris recognition. Sec. 657. Issuance of regulations and security directives using emergency procedures. Sec. 658. General aviation negotiated rulemaking. Subtitle C—Surface Transportation Security Sec. 661. Sense of Congress regarding securing surface transportation systems. Sec. 662. Assistant Secretary defined. Sec. 663. Surface transportation security inspection program. Sec. 664. Visible intermodal prevention and response teams. Sec. 665. Surface Transportation Security stakeholder participation. Sec. 666. Human capital plan for surface transportation security personnel. Sec. 667. Surface transportation security training. Sec. 668. Improvement of public transportation security assistance. Sec. 669. International lessons learned for securing passenger rail and public transportation systems. Sec. 670. Underwater tunnel security demonstration project. Sec. 671. Passenger rail security demonstration project. Sec. 672. Explosives detection canine teams. Sec. 673. Deputy Assistant Secretary for surface transportation security. Sec. 674. Public hearings on security assistance grant program and the restriction of security improvement priorities. Subtitle D—Transportation Security Enhancements Chapter 1—Security Enhancements Sec. 681. Report and recommendation for uniform security background checks. Sec. 682. Animal-propelled vessels. Sec. 683. Requirements for issuance of transportation security cards; access pending issuance; redundant background checks. Sec. 684. Harmonizing security card expirations. Sec. 685. Pipeline security study. Sec. 686. Transportation Security Administration centralized training facility. Chapter 2—SAFE Truckers Act of 2010 Sec. 691. Short title. Sec. 692. Surface transportation security. Sec. 693. Conforming amendment. Sec. 694. Limitation on issuance of HAZMAT licenses. Sec. 695. Deadlines and effective dates. Sec. 696. Task force on disqualifying crimes. Title VII—Maritime Security Subtitle A—General Provisions Sec. 701. Authorization of appropriations. Sec. 702. Authorized levels of military strength and training. Sec. 703. Admirals and Vice Admirals. Sec. 704. Coast Guard commissioned officers: compulsory retirement. Sec. 705. Commissioned officers. Sec. 706. Administration of Maritime Security. Sec. 707. Maritime security response teams. Sec. 708. Maritime safety and security teams. Sec. 709. Waterside security of certain dangerous cargo. Sec. 710. Coast Guard vessels and aircraft. Sec. 711. Laser Training System. Sec. 712. Coast Guard detection canine team program expansion. Sec. 713. Maritime biometric identification. Sec. 714. Review of potential threats. Sec. 715. Port security pilot. Sec. 716. Seasonal workers. Sec. 717. Pilot program for fingerprinting of maritime workers. Sec. 718. Transportation security cards on vessels. Sec. 719. International labor study. Sec. 720. Maritime Security Advisory Committees. Sec. 721. Seamen’s shoreside access. Sec. 722. Use of force against piracy. Sec. 723. Agreements. Sec. 724. Risk-based cargo security program. Subtitle B—Alien Smuggling and Terrorism Prevention Sec. 731. Short title. Sec. 732. Findings. Sec. 733. Checks against terrorist watchlist. Sec. 734. Strengthening prosecution and punishment of alien smugglers. Sec. 735. Maritime law enforcement. Sec. 736. Amendment to the sentencing guidelines. Title VIII—Infrastructure Protection and Cybersecurity Subtitle A—Federal Protective Service Sec. 801. Authorization of appropriations for Federal Protective Service. Sec. 802. Federal Protective Service authority to carry out basic security functions. Sec. 803. Strategic plan requirement. Sec. 804. Facility security risk assessments. Sec. 805. Contract guard staff. Sec. 806. Site inspections. Sec. 807. Promotion of Federal Protective Service Technology and Training. Sec. 808. Prohibited items list. Sec. 809. Report requirement. Subtitle B—Chemical Facility Security Sec. 811. Extension of chemical facilities antiterrorism security program. Subtitle C—Office for Bombing Prevention Sec. 821. Bombing prevention. Sec. 822. Explosives technology development and transfer. Sec. 823. GAO study of explosives detection canine teams. Sec. 824. Report on canine procurement activities. Subtitle D—Cybersecurity Sec. 831. Annual cybersecurity threat assessment. Sec. 832. Cybersecurity research and development. Sec. 833. National Research Council study of cybersecurity incentives. Sec. 834. Research on cyber compromise of infrastructure. Sec. 835. Assessments of emerging cyber threats in telecommunications. Sec. 836. Department of Homeland Security Cybercrime coordination. Title IX—Preparedness and Response Sec. 901. Center for Domestic Preparedness. Sec. 902. Recovery from radiological and nuclear attacks. Sec. 903. Citizen and community preparedness. Sec. 904. Metropolitan Medical Response System program. Sec. 905. Transparency in homeland security grant funding. Sec. 906. Sense of Congress regarding interoperability. Sec. 907. Audit of the national level exercise. Sec. 908. FEMA report to Congress on sourcing and distribution of disaster response goods and services. Title X—Science and Technology Sec. 1001. Definitions. Sec. 1002. References. Subtitle A—Authorization of Appropriations Sec. 1011. Authorization of appropriations. Subtitle B—Management and Administration Sec. 1021. Research prioritization and requirements; professional development; milestones and feedback. Sec. 1022. Testing, evaluation, and standards. Sec. 1023. Peer review. Sec. 1024. Directorate of Science and Technology strategic plan. Subtitle C—Directorate of Science and Technology Programs Sec. 1031. Limitations on research. Sec. 1032. University-based centers. Sec. 1033. Review of university-based centers. Sec. 1034. Dual-use terrorist risks from synthetic genomics. Sec. 1035. Underwater tunnel security demonstration project. Sec. 1036. Threats research and development. Sec. 1037. Maritime domain awareness and maritime security technology test, evaluation, and transition capabilities. Sec. 1038. Rapid biological threat detection and identification. Sec. 1039. Rural resilience initiative. Sec. 1040. Homeland Security Science and Technology Fellows Program. Sec. 1041. Biological threat agent assay equivalency. Sec. 1042. Study of feasibility and benefit of expanding or establishing program to create a new cybersecurity capacity building track at certain institutions of higher education. Sec. 1043. Assessment, research, testing, and evaluation of technologies to mitigate the threat of small vessel attack. Sec. 1044. Other transaction authority. Sec. 1045. National Urban Security Technology Laboratory. Subtitle D—Domestic Nuclear Detection Office Sec. 1051. Authorization of appropriations. Sec. 1052. Domestic Nuclear Detection Office oversight. Sec. 1053. Strategic plan and funding allocations for global nuclear detection architecture. Sec. 1054. Radiation portal monitor alternatives. Subtitle E—Clarifying Amendments Sec. 1061. Federally funded research and development centers. Sec. 1062. Elimination of Homeland Security Institute. Sec. 1063. GAO study of the implementation of the statutory relationship between the Department and the Department of Energy national laboratories. Subtitle F—Commission on the Protection of Critical Electric and Electronic Infrastructures Sec. 1071. Commission on the Protection of Critical Electric and Electronic Infrastructures. Subtitle G—Securing the Cities Initiative Sec. 1081. Securing the Cities Initiative. Title XI—Management Improvements Sec. 1101. Direct line authority for Chief Operating Officers. Sec. 1102. Department of Homeland Security headquarters consolidation project. Sec. 1103. Acquisition Professional Career Program. Sec. 1104. Annuitants for acquisition positions. Sec. 1105. Acquisition Review Board. Sec. 1106. Office of Inspector General. Sec. 1107. Establishment of privacy official within each component of Department of Homeland Security. Sec. 1108. Homeland Secure Data Network. Sec. 1109. Congressional access to information. Title XII—Miscellaneous Provisions Sec. 1201. Immunity for reports of suspected terrorist activity or suspicious behavior and response. Sec. 1202. Homeland security biodefense strategy. Sec. 1203. 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 Federal annuitants. Sec. 1205. Rural Policing Institute; rural area defined. Sec. 1206. Chief Veterinary Officer.

2.

Definitions

In this Act: (1)

Cyber

The term cyber means— (A)any process, program, or protocol relating to the use of the Internet or an Intranet, automatic data processing or transmission, or telecommunication via the Internet or an Intranet; and (B)any matter relating to, or involving the use of, computers or computer networks. (2)

Cyber attack

The term cyber attack means any unauthorized access or use of a cyber system or network, whether or not directed against a specific entity or entities, that— (A)alters, copies, misappropriates, corrupts, destroys, disrupts, deletes, damages, prevents, restricts, or hinders access to a cyber system or network; (B)results in the disclosure of private or confidential information stored on a cyber system or network; (C)results in the disclosure of private or confidential information stored on a cyber system or network; or (D)results in theft of data or information. (3)

Department

The term Department means the Department of Homeland Security. (4)

International borders

The term international borders means the international boundary lines on both the northern and southern borders of the United States. (5)

Internet

The term Internet has the meaning given that term by section 4(4) of the High Performance Computing Act of 1991 (15 U.S.C. 5503(4)). (6)

National critical information systems and network

The term national critical infrastructure information systems and networks means— (A)Federal Government information systems and networks; and (B)any State, local, or nongovernmental information systems and networks in the United States that is designated by the President as national critical infrastructure information systems and networks. (7)

National incident

The term national incident means an occurrence that actually or potentially jeopardizes national critical infrastructure information systems and networks or the information processed, stored, or transmitted by those systems and networks. (8)

Network

The term network has the meaning given that term by section 4(5) of the High Performance Computing Act of 1991 (15 U.S.C. 5503(5)). (9)

Secretary

The term Secretary means the Secretary of Homeland Security.

.

693.

Conforming amendment

The table of contents contained in section 1(b) of the Homeland Security Act of 2002 (116 Stat. 2135) is amended by adding at the end the following: Title XXI—Surface Transportation Security Sec. 2101. Transportation of security sensitive materials. Sec. 2102. Enrollment locations. Sec. 2103. Authority to ensure compliance. Sec. 2104. Civil penalties. Sec. 2105. Commercial motor vehicle operators registered to operate in Mexico or Canada. Sec. 2106. Other security background checks. Sec. 2107. Redundant background checks. Sec. 2108. Transition. Sec. 2109. Savings clause. Sec. 2110. Definitions. .

694.

Limitation on issuance of HAZMAT licenses

Section 5103a of title 49, United States Code, and the item relating to that section in the analysis for chapter 51 of such title, are repealed.

695.

Deadlines and effective dates

(a)

Issuance of transportation security cards

Not later than May 31, 2011, the Secretary shall begin issuance of transportation security cards under section 70105 of title 46, United States Code, to individuals who seek to operate a motor vehicle in commerce while transporting security sensitive materials. (b)

Effective date of prohibitions

The prohibitions contained in sections 2101 and 2106 of the Homeland Security Act of 2002 (as added by this subtitle) shall take effect on the date that is 3 years after the date of enactment of this Act. (c)

Effective date of section 694 amendments

The amendments made by section 694 of this Act shall take effect on the date that is 3 years after the date of enactment of this Act.

696.

Task force on disqualifying crimes

(a)

Establishment

The Secretary shall establish a task force to review the lists of crimes that disqualify individuals from transportation-related employment under current regulations of the Transportation Security Administration and assess whether such lists of crimes are accurate indicators of a terrorism security risk. (b)

Membership

The task force shall be composed of representatives of appropriate industries, including labor unions representing employees of such industries, Federal agencies, and other appropriate entities, as determined by the Secretary. (c)

Report

Not later than 180 days after the date of enactment of this Act, the task force shall submit to the Secretary and the Committee on Homeland Security of the House of Representatives a report containing the results of the review, including recommendations for a common list of disqualifying crimes and the rationale for the inclusion of each crime on the list.

. (2)

Table of contents

The table of contents in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 2022 the following: TITLE XXI—Chemical facility security Sec. 2101. Chemical security training program. Sec. 2102. Chemical security exercise program. Sec. 2103. Authorization of appropriations. . C

Office for Bombing Prevention

821.

Bombing prevention

(a)

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 new section:

210F.

Office for Bombing Prevention

(a)

In general

The Secretary shall establish within the Protective Security Coordination Division of the Office of Infrastructure Protection of the Department an Office for Bombing Prevention (in this section referred to as the Office). (b)

Responsibilities

The Office shall have the primary responsibility for enhancing the ability, and coordinating the efforts, of the United States to deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States, including by— (1)serving as the lead agency of the Department for ensuring that programs designed to counter terrorist explosive attacks in the United States function together efficiently to meet the evolving threat from explosives and improvised explosive devices; (2)coordinating national and intergovernmental bombing prevention activities to ensure those activities work toward achieving common national goals; (3)conducting analysis of the capabilities and requirements necessary for Federal, State, local, and tribal governments to deter, prevent, detect, protect against, and assist in any response to terrorist explosive attacks in the United States by— (A)maintaining a national analysis database on the capabilities of bomb squads, explosive detection canine teams, tactics teams, and public safety dive teams; and (B)applying the analysis derived from the database described in subparagraph (A) in— (i)evaluating progress toward closing identified gaps relating to national strategic goals and standards; and (ii)informing decisions relating to homeland security policy, assistance, training, research, development efforts, testing and evaluation, and related requirements; (4)promoting secure information sharing of sensitive material and promoting security awareness, including by— (A)operating and maintaining a secure information sharing system that allows the sharing of critical information relating to terrorist explosive attack tactics, techniques, and procedures; (B)educating the public and private sectors about explosive precursor chemicals; (C)working with international partners, in coordination with the Office for International Affairs of the Department, to develop and share effective practices to deter, prevent, detect, protect, and respond to terrorist explosive attacks in the United States; and (D)executing national public awareness and vigilance campaigns relating to terrorist explosive threats, preventing explosive attacks, and activities and measures underway to safeguard the United States; (5)assisting State, local, and tribal governments in developing multi-jurisdictional improvised explosive devices security plans for high-risk jurisdictions; (6)helping to ensure, in coordination with the Under Secretary for Science and Technology and the Administrator of the Federal Emergency Management Agency, the identification and availability of effective technology applications through field pilot testing and acquisition of such technology applications by Federal, State, local, and tribal governments to deter, prevent, detect, protect, and respond to terrorist explosive attacks in the United States; (7)coordinating the efforts of the Department relating to, and assisting departments and agencies of Federal, State, local, and tribal governments, and private sector business in, developing and implementing national explosives detection training, certification, and performance standards; (8)ensuring the implementation of any recommendations in the national strategy required under section 210G, including developing, maintaining, and tracking progress toward achieving objectives to reduce the vulnerability of the United States to terrorist explosive attacks; (9)developing, in coordination with the Administrator of the Federal Emergency Management Agency, programmatic guidance and permitted uses for bombing prevention activities funded by homeland security assistance administered by the Department; and (10)establishing and executing a public awareness campaign to inform the general public and private sector businesses on ways they can deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States, that— (A)utilizes a broad spectrum of both mainstream and specialty print, radio, television outlets, and the Internet; (B)utilizes small and disadvantaged businesses, as defined under the Small Business Act (15 U.S.C. 631 et seq.); and (C)ensures that the public awareness messages under the campaign reach and are understandable to underserved populations, including— (i)persons with physical and mental disabilities, health problems, visual impairments, hearing impairments, limited English proficiency, and literacy barriers; (ii)socially and economically disadvantaged households and communities; (iii)the elderly; and (iv)children. (c)

Limitation on statutory construction

Nothing in this section shall be construed to affect the authority of the Administrator of the Federal Emergency Management Agency, the Director of the United States Secret Service, or the Attorney General of the United States. (d)

Authorization of appropriations

(1)

In general

Of the amount authorized in section 201 of the Counterterrorism Enhancement and Department of Homeland Security Authorization Act, there is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2011. (2)

Availability

Amounts made available pursuant to paragraph (1) are authorized to remain available until expended. (e)

Enhancement of explosives detection canine resources and capabilities

To enhance the Nation’s explosives detection canine resources and capabilities the Secretary of Homeland Security shall, by partnering with other Federal, State, local, and tribal agencies, nonprofit organizations, universities including historically black colleges and universities and minority serving institutions, and the private sector— (1)within 270 days after the date of the enactment of this subsection— (A)develop a pilot program that includes a domestic breeding program for purpose-bred explosives detection canines; and (B)increase the current number of capability assessments of explosives detection canine units to identify common challenges and gaps in canine explosives detection, to provide for effective domestic preparedness and collective response to terrorism, and to inform grant guidance and priorities, consistent with national capabilities database efforts; (2)continue development of a scientifically based training curriculum to enhance consensus-based national training and certification standards to provide for effective domestic preparedness and collective response to terrorism through the effective use of explosives detection canines for explosives detection canines; and (3)continue engagement in explosives detection canine research and development activities through partnerships with the Science and Technology Directorate and the Technical Support Working Group.

210G.

National strategy

(a)

In general

The Secretary shall develop and periodically update a national strategy to prevent and prepare for terrorist explosive attacks in the United States. (b)

Development

Not later than 90 days after the date of the enactment of this section, the Secretary shall develop the national strategy required under subsection (a). (c)

Reporting

Not later than six months after the date of the submission of the report regarding each quadrennial homeland security review conducted under section 707, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the national strategy required under subsection (a), which shall include recommendations, if any, for deterring, preventing, detecting, protecting against, and responding to terrorist attacks in the United States using explosives or improvised explosive devices, including any such recommendations relating to coordinating the efforts of Federal, State, local, and tribal governments, emergency response providers, and the private sector.

. (b)

Technical and conforming amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 210E the following new items: Sec. 210F. Office for Bombing Prevention. Sec. 210G. National strategy. .

822.

Explosives technology development and transfer

(a)

In general

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

318.

Explosives research and development

(a)

In general

The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and Programs, the Attorney General, the Secretary of Defense, and the head of any other relevant Federal department or agency, shall ensure coordination and information sharing regarding nonmilitary research, development, testing, and evaluation activities of the Federal Government relating to the detection and prevention of, protection against, and response to terrorist attacks in the United States using explosives or improvised explosive devices, and the development of tools and technologies necessary to neutralize and disable explosive devices. (b)

Leveraging military research

The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and Programs, shall coordinate with the Secretary of Defense and the head of any other relevant Federal department or agency to ensure that, to the maximum extent possible, military policies and procedures, and research, development, testing, and evaluation activities relating to the detection and prevention of, protection against, and response to terrorist attacks using explosives or improvised explosive devices, and the development of tools and technologies necessary to neutralize and disable explosive devices, are adapted to nonmilitary uses.

319.

Technology transfer

(a)

In general

The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and Programs, shall establish a technology transfer program to facilitate the identification, modification, and commercialization of technology and equipment for use by Federal, State, and local governmental agencies, emergency response providers, and the private sector to deter, prevent, detect, protect, and respond to terrorist attacks in the United States using explosives or improvised explosive devices. (b)

Program

The activities under the program established under subsection (a) shall include— (1)applying the analysis conducted under section 210F(b)(3) of the capabilities and requirements of bomb squad, explosive detection canine teams, tactical teams, and public safety dive teams of Federal, State, and local governments, to determine the training and technology requirements for Federal, State, and local governments, emergency response providers, and the private sector; (2)identifying available technologies designed to deter, prevent, detect, protect, or respond to terrorist attacks using explosives or improvised explosive devices that have been, or are in the process of being, developed, tested, evaluated, or demonstrated by the Department, other Federal agencies, the private sector, foreign governments, or international organizations; (3)reviewing whether a technology described in paragraph (2) may be useful in assisting Federal, State, or local governments, emergency response providers, or the private sector in detecting, deterring, preventing, or responding to terrorist attacks using explosives or improvised explosive devices; and (4)communicating to Federal, State, and local governments, emergency response providers, and the private sector the availability of any technology described in paragraph (2), including providing the specifications of any such technology, indicating whether any such technology satisfies appropriate standards, and identifying grants, if any, available from the Department to purchase any such technology. (c)

Working group

To facilitate the transfer of military technologies, the Secretary, acting through the Under Secretary for Science and Technology, in coordination with the Secretary of Defense, and in a manner consistent with protection of sensitive sources and methods, shall establish a working group to advise and assist in the identification of military technologies designed to deter, prevent, detect, protect, or respond to terrorist explosive attacks that are in the process of being developed, or are developed, by the Department of Defense or the private sector.

. (b)

Technical and conforming amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 317 the following new items: Sec. 318. Explosives research and development. Sec. 319. Technology transfer. .

823.

GAO study of explosives detection canine teams

Section 1307(f) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53; 121 Stat. 395) is amended by striking utilization and all that follows through the end of the sentence and inserting utilization of explosives detection canine teams, by the Transportation Security Administration and all other agencies of the Department of Homeland Security that utilize explosives detection canines, to strengthen security and the capacity of explosive detection canine detection teams of the Department..

824.

Report on canine procurement activities

The Secretary of Homeland Security shall submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate by not later than 180 days after the date of the enactment of this Act examining the administration of canine procurement activities by the Department of Homeland Security to deter, prevent, detect, and protect against terrorist explosive attacks in the United States, that includes consideration of the feasibility of reducing the price paid for the procurement of untrained canines, including by utilizing an expanded pool of breeds, procuring canines from domestic breeders, and acquiring canines from animal shelters, rescue societies, and other not-for-profit entities.

D

Cybersecurity

831.

Annual cybersecurity threat assessment

The Secretary, in coordination with the Director of National Intelligence, shall submit to the Committee on Homeland Security of the House of Representatives an annual assessment of cybersecurity threats to and vulnerabilities of national critical infrastructure information systems and networks.

832.

Cybersecurity research and development

(a)

In general

The Under Secretary for Science and Technology of the Department shall support research, development, testing, evaluation, and transition of cybersecurity technology, including fundamental, long-term research to improve the ability of the United States to prevent, protect against, detect, respond to, and recover from cyber attacks that threaten national critical infrastructure information systems and networks, with an emphasis on research and development relevant to large scale, high-impact attacks. (b)

Activities

The research and development supported under subsection (a) shall include work to— (1)advance the development and deployment Internet protocols and architectures, including for the domain name system and routing protocols; (2)improve and create technologies for detecting attacks or intrusions, including real-time monitoring technologies; (3)improve and create mitigation and recovery methodologies, including techniques for containment of attacks and development of resilient networks and systems that degrade gracefully; (4)develop and support infrastructure for cybersecurity research and development, including modeling, testbeds, and data sets for assessment of new cybersecurity technologies; (5)assist the development and support of technologies to reduce vulnerabilities in process control systems; (6)develop and support cyber forensics and attack attribution; and (7)test, evaluate, and facilitate the transfer of technologies associated with the engineering of less vulnerable software and securing the information technology software development lifecycle. (c)

Coordination

In carrying out this section, the Under Secretary shall coordinate activities with the Under Secretary for National Protection and Programs and the heads of other relevant Federal departments and agencies, including the National Science Foundation, the Defense Advanced Research Projects Agency, the Information Assurance Directorate of the National Security Agency, the National Institute of Standards and Technology, the Department of Commerce, and other appropriate working groups established by the President to identify unmet needs and cooperatively support activities, as appropriate. (d)

Authorization of Appropriations

Of the amount authorized by section 201, there is authorized to be appropriated $75,000,000 to the Department for fiscal year 2011 for the cybersecurity research and development activities of the Directorate of Science and Technology to prevent, detect, and respond to acts of terrorism and other large-scale disruptions to information infrastructure.

833.

National Research Council study of cybersecurity incentives

(a)

In general

Not later than 90 days after the date of enactment of this Act, the Under Secretary for Science and Technology and the Under Secretary for National Protection and Programs of the Department shall seek to enter into an agreement with the National Research Council of the National Academy of Sciences to conduct a study to assess methods that might be used to promote market mechanisms that further cybersecurity. (b)

Subjects

The study required under subsection (a) shall include assessment of— (1)mandated reporting of security breaches that could threaten critical functions, including provision of electricity and resiliency of the financial sector; (2)financial incentives to encourage operators of critical infrastructure to maximize protections for their systems; (3)certification from standards bodies about conformance to relevant cybersecurity standards that can be used as a marketplace differentiation; (4)accounting practices that require companies to report their cybersecurity practices and postures and the results of independently conducted red team simulated attacks or exercises; and (5)cybersecurity risk insurance, including analysis of the current marketplace and recommendations to promote cybersecurity insurance. (c)

Report

Not later than two years after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives a report containing the results of the study required under subsection (a), together with any recommendations of the Secretary related thereto.

834.

Research on cyber compromise of infrastructure

(a)

In general

Pursuant to section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) and in furtherance of domestic preparedness for and collective response to a cyber attack by a terrorist or other person, the Secretary, working with the heads of other national security and intelligence agencies, shall conduct research and determine if the security of federally owned programmable electronic devices and communication networks, including hardware, software, and data, essential to the reliable operation of critical electric infrastructure has been compromised. (b)

Scope of research

The scope of the research required under subsection (a) shall include the following: (1)The extent of any compromise. (2)An identification of any attackers. (3)The method of penetration. (4)Ramifications of any such compromise on future operations of critical electric infrastructure. (5)Secondary ramifications of any such compromise on other critical infrastructure sectors and the functioning of civil society. (6)Ramifications of any such compromise on national security, including war fighting capability. (7)Recommended mitigation activities. (c)

Report

Not later than 30 days after the date a determination has been made under subsection (a), the Secretary shall submit to the Committee on Homeland Security of the House of Representatives a report on the findings of such determination. The report may contain a classified annex if the Secretary determines it to be appropriate.

835.

Assessments of emerging cyber threats in telecommunications

Within 180 days after the date of enactment of this Act, the Secretary, in collaboration with other relevant Federal departments or agencies as the Secretary considers appropriate, shall issue a report providing a threat assessment, to be updated on an annual basis, to the Committee on Homeland Security of the House of Representatives that examines vulnerabilities and policies to mitigate those vulnerabilities arising from global supply chain related to the production, manufacturing, and distribution of telecommunications devices, including potential threats to national security or critical infrastructure arising from foreign investment in United States telecommunications assets.

836.

Department of Homeland Security Cybercrime coordination

(a)

Report on cyber coordination

Within 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives a report assessing— (1)how the sub-components of the Department that have a cybersecurity mission, including the United States Secret Service, U.S. Immigration and Customs Enforcement, and the National Protection Programs Directorate, will coordinate their cybersecurity activities; (2)the development of Department-wide procedures and standards for addressing cybercrime, as well as metrics to track the effectiveness of the Department’s efforts to combat cybercrime; and (3)recommendations to Congress for improving the authority of the Federal Government for addressing cybercrime. (b)

Private sector post-Crime consultation

The Under Secretary for the National Protection and Programs Directorate, in coordination with the United States Secret Service and U.S. Immigration and Customs Enforcement, shall establish an outreach program for victims of cyber attacks that assists, on a voluntary basis, in providing cyber risk management, developing best practices for establishing mitigation and protective measures against cyber attacks, and otherwise coordinates the Department’s response to cyber attacks.

. (2)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by adding at the end the following: Title XXI—Domestic Preparedness and Collective Response to Terrorism and Other Emergencies Sec. 2101. Community Preparedness Division. Sec. 2102. Citizen Corps Program. Sec. 2103. Community Emergency Response Team Program. Sec. 2104. Fire Corps Program. . (b)

Report to Congress

Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report specifying the amount of grant funds awarded to each State under section 2102(b) of the Homeland Security Act of 2002, as added by subsection (b), and the purposes for which such funds were awarded.

904.

Metropolitan Medical Response System program

(a)

Metropolitan Medical Response System Program

(1)

Amendment

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

525.

Metropolitan Medical Response System Program

(a)

In General

The Secretary shall conduct a Metropolitan Medical Response System Program, that shall assist State and local governments in preparing for and responding to public health and mass casualty incidents resulting from natural disasters, acts of terrorism, and other man-made disasters. (b)

Financial Assistance

(1)

Authorization of grants

(A)

In general

The Secretary, through the Administrator of the Federal Emergency Management Agency, may make grants under this section to State and local governments to assist in preparing for and responding to mass casualty incidents resulting from natural disasters, acts of terrorism, and other man-made disasters. (B)

Consultation

In developing guidance for grants authorized under this section, the Administrator shall consult with the Assistant Secretary, Office of Health Affairs. (2)

Use of funds

A grant made under this section may be used to support the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard, including— (A)to strengthen medical surge capacity; (B)to strengthen mass prophylaxis capabilities including development and maintenance of an initial pharmaceutical stockpile sufficient to protect first responders, their families, and immediate victims from a chemical or biological event; (C)to strengthen chemical, biological, radiological, nuclear, and explosive detection, response, and decontamination capabilities; (D)to develop and maintain mass triage and pre-hospital treatment plans and capabilities; (E)for planning; (F)to support efforts to strengthen information sharing and collaboration capabilities of regional, State, and urban areas in support of public health and medical preparedness; (G)for medical supplies management and distribution; (H)for training and exercises; (I)for integration and coordination of the activities and capabilities of public health personnel and medical care providers with those of other emergency response providers as well as other Federal agencies, the private sector, and nonprofit organizations, for the forward movement of patients; and (J)for such other activities as the Administrator provides. (3)

Eligibility

(A)

In general

Except as provided in subparagraph (C), any jurisdiction that received funds through the Metropolitan Medical Response System Program in fiscal year 2010 shall be eligible to receive a grant under this section. (B)

Additional jurisdictions

(i)

Unrepresented states

(I)

In general

Except as provided in subparagraph (C), for any State in which no jurisdiction received funds through the Metropolitan Medical Response System Program in fiscal year 2010, or in which funding was received only through another State, the metropolitan statistical area in such State with the largest population of all such areas in such State shall be eligible to receive a grant under this section. (II)

Limitation

For each of fiscal years 2012 through 2014, no jurisdiction that would otherwise be eligible to receive grants under subclause (I) shall receive a grant under this section if it would result in any jurisdiction under subparagraph (A) receiving less funding than such jurisdiction received in fiscal year 2010. (ii)

Other jurisdictions

(I)

In general

Subject to subparagraph (C), the Administrator may determine that additional jurisdictions are eligible to receive grants under this section. (II)

Limitation

For each of fiscal years 2012 through 2014, the eligibility of any additional jurisdiction to receive grants under this section is subject to the availability of appropriations beyond that necessary to— (aa)ensure that each jurisdiction eligible to receive a grant under subparagraph (A) does not receive less funding than such jurisdiction received in fiscal year 2010; and (bb)provide grants to jurisdictions eligible under clause (i). (C)

Performance requirement after fiscal year 2012

A jurisdiction shall not be eligible for a grant under this subsection from funds available after fiscal year 2012 unless the Secretary determines that the jurisdiction maintains a sufficient measured degree of capability in accordance with the performance measures issued under subsection (c). (4)

Distribution of funds

(A)

In general

The Administrator shall distribute grant funds under this section to the State in which the jurisdiction receiving a grant under this section is located. (B)

Pass through

Subject to subparagraph (C), not later than 45 days after the date on which a State receives grant funds under subparagraph (A), the State shall provide the jurisdiction receiving the grant 100 percent of the grant funds, and not later than 45 days after the State releases the funds, all fiscal agents shall make the grant funds available for expenditure. (C)

Exception

The Administrator may permit a State to provide to a jurisdiction receiving a grant under this section 97 percent of the grant funds awarded if doing so would not result in any jurisdiction eligible for a grant under paragraph (3)(A) receiving less funding than such jurisdiction received in fiscal year 2010. (5)

Regional coordination

The Administrator shall ensure that each jurisdiction that receives a grant under this section, as a condition of receiving such grant, is actively coordinating its preparedness efforts with surrounding jurisdictions, with the official with primary responsibility for homeland security (other than the Governor) of the government of the State in which the jurisdiction is located, and with emergency response providers from all relevant disciplines, as determined by the Administrator, to effectively enhance regional preparedness. (c)

Performance measures

The Administrator, in coordination with the Assistant Secretary, Office of Health Affairs, and the National Metropolitan Medical Response System Working Group, shall issue performance measures within one year after the date of enactment of this section that enable objective evaluation of the performance and effective use of funds provided under this section in any jurisdiction. (d)

Metropolitan Medical Response System Working Group defined

In this section, the term National Metropolitan Medical Response System Working Group means— (1)10 Metropolitan Medical Response System Program grant managers, who shall— (A)include one such grant manager from each region of the Agency; (B)comprise a population-based cross section of jurisdictions that are receiving grant funds under the Metropolitan Medical Response System Program; and (C)include— (i)3 selected by the Administrator; and (ii)3 selected by the Assistant Secretary, Office of Health Affairs; and (2)3 State officials who are responsible for administration of State programs that are carried out with grants under this section, who shall be selected by the Administrator. (e)

Authorization of appropriations

Of the amount authorized in section 201 of the Counterterrorism Enhancement and Department of Homeland Security Authorization Act of 2010, there is authorized to be appropriated $75,000,000 to carry out the program for fiscal year 2011.

. (2)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title V the following new item: Sec. 525. Metropolitan Medical Response System Program. . (b)

Metropolitan Medical Response Program review

(1)

In general

The Administrator of the Federal Emergency Management Agency, the Assistant Secretary, Office of Health Affairs, and the National Metropolitan Medical Response System Working Group shall conduct a review of the Metropolitan Medical Response System Program authorized under section 525 of the Homeland Security Act of 2002, as added by subsection (b), including an examination of— (A)the goals and objectives of the Metropolitan Medical Response System Program; (B)the extent to which the goals and objectives are being met; (C)the performance metrics that can best help assess whether the Metropolitan Medical Response System Program is succeeding; (D)how the Metropolitan Medical Response System Program can be improved; (E)how the Metropolitan Medical Response System Program complements and enhances other preparedness programs supported by the Department of Homeland Security and the Department of Health and Human Services; (F)the degree to which the strategic goals, objectives, and capabilities of the Metropolitan Medical Response System Program are incorporated in State and local homeland security plans; (G)how eligibility for financial assistance, and the allocation of financial assistance, under the Metropolitan Medical Response System Program should be determined, including how allocation of assistance could be based on risk; (H)whether the Metropolitan Medical Response System Program would be more effective if it were managed as a contractual agreement; and (I)the resource requirements of the Metropolitan Medical Response System Program. (2)

Report

Not later than 1 year after the date of enactment of this Act, the Administrator and the Assistant Secretary, Office of Health Affairs shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the review under this subsection. (3)

Consultation

The Administrator of the Federal Emergency Management Agency shall consult with the Secretary of Health and Human Services in the implementation of paragraph (1)(E). (4)

Definition

In this subsection the term National Metropolitan Medical Response System Working Group has the meaning that term has in section 525 of the Homeland Security Act of 2002, as amended by this section. (c)

Technical and conforming amendment

Section 635 of the Post-Katrina Management Reform Act of 2006 (6 U.S.C. 723) is repealed.

905.

Transparency in homeland security grant funding

(a)

In general

The Assistant Administrator of the Grant Programs Directorate of the Federal Emergency Management Agency shall establish the position of Authorization Liaison Officer to provide timely information on all grants administered by the Federal Emergency Management Agency upon the request of the Committee on Homeland Security of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate. The Authorization Liaison Officer shall report directly to the Assistant Administrator of the Grant Programs Directorate. (b)

Submission of reports to Congress

In addition to the information required under subsection (a), the Authorization Liaison Officer shall provide reports on not less than a semiannual basis and ensure, to the greatest extent practicable, that such reports are submitted concurrently to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (c)

Scope of reports

The Authorization Liaison Officer shall ensure, to the greatest extent practicable, that reports under subsection (b) include a full accounting of funds awarded by the Department under all homeland security grant programs administered by the Federal Emergency Management Agency for the previous five fiscal years, ending with the year in which the report is provided, including— (1)the number and type of projects approved, by grantee; (2)the amount of funds awarded for each project; (3)the amount of funds available for each project; (4)the date on which those funds were made available; (5)the amount of funds not yet released by the Department, by project; and (6)the reasons funds have not been released, by project.

906.

Sense of Congress regarding interoperability

(a)

Findings

Congress finds the following: (1)The National Commission on Terrorist Attacks Upon the United States (in this section referred to as the 9/11 Commission) determined that the inability of first responders to communicate effectively on September 11, 2001 was a critical obstacle to an effective multijurisdictional response. (2)Over eight years have passed since the terrorist attacks of September 11, 2001, and many jurisdictions across the country still experience difficulties communicating that may contribute to confusion, delays, or added risks when responding to a terrorist attack or a natural disaster. (3)In the years since September 11, 2001, the need for a national wireless first responder interoperable communications network has remained, but the Nation has not yet completed building this vital resource for public safety. (b)

Sense of congress

It is the sense of Congress that improving first responder interoperable communications and initiating the construction of a national wireless first responder interoperable communications network should move forward as expeditiously as possible.

907.

Audit of the national level exercise

(a)

In general

Not later than 180 days after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall conduct— (1)an audit of expenses associated with the 2010 National Level Exercise, including costs of planning for the initial exercise scenario; and (2)a review of whether the Federal Emergency Management Agency is incorporating lessons learned from national exercises into training, planning, and other operations. (b)

Report

The Inspector General shall submit a report on the findings of the audit and review to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate.

908.

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

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

. (2)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by adding 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 Secretary of Homeland Security shall complete the first biodefense strategy under section 2201 of the Homeland Security Act of 2002, as amended by this section, by not later than 1 year after the date of enactment of this Act.

1203.

Civil liability for disclosure of protected security information

(a)

In general

Title VIII of the Homeland Security Act of 2002 is amended— (1)by repealing sections 893 through 899; and (2)by inserting after section 892 the following new section:

893.

Civil liability for disclosure of protected security information

(a)

In general

Any person who willfully discloses, 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 disclosures 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 information taken from a larger work shall constitute a separate disclosure. (c)

Dissemination using the Internet

For the purposes of this subsection, each download of protected security information shall constitute a separate disclosure. (d)

Limitations on liability relating to material online

(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 operated 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 information 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 provider; (D)the Internet service provider does not select the recipients of the information except as an automatic response to the request of another person; (E)no copy of the information made by the Internet service provider in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; (F)the information is transmitted through the system or network without modification of its content; and (G)upon notice from the Department, the Internet service provider responds expeditiously to remove or disable access to the information. (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 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 unauthorized disclosure of protected security information was for the purpose of public criticism, comment, news reporting, teaching, scholarship, or research. (f)

Rule of construction

Nothing in this section preempts, abrogates, diminishes, or weakens any Federal 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 designated by the Department of Homeland Security and clearly marked or clearly represented, pursuant to the provisions of a statute or Executive order (or a regulation or order issued pursuant to a statute or Executive order), as requiring a specific degree of protection against unauthorized disclosure for reasons of national or homeland security; and (B)includes information protected from disclosure under— (i)section 550 of the Homeland Security 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 conveyance 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. .

1204.

Continuation of authority for Federal Law Enforcement Training Center to appoint and maintain a cadre of Federal annuitants

Section 1202(a) of the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States (42 U.S.C. 3771 note) is amended in the first sentence by striking December 31, 2012 and inserting December 31, 2013.

1205.

Rural Policing Institute; rural area defined

For purposes of section 210C of the Homeland Security Act of 2002 (6 U.S.C. 124j), a rural area shall also include any area that is located in a metropolitan statistical area and a county, borough, parish, or area under the jurisdiction of an Indian tribe with a population of not more than 50,000.

1206.

Chief Veterinary Officer

(a)

In general

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

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 directly 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 Assistant Secretary for Health Affairs. (b)

Qualifications

The individual appointed as Chief Veterinary Officer shall be a veterinarian who possesses a demonstrated ability in and knowledge of veterinary public health and emergency preparedness, and other professional experience as determined by the Secretary, such as in agriculture, food defense, and disaster medicine. (c)

Responsibilities

The Chief Veterinary Officer shall be the head of the division of the Department with primary responsibility for veterinary issues, food defense, and agriculture security, and shall have primary responsibility within the Department for responsibilities relating 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 defense, and agricultural security issues. (2)Providing guidance for the health and welfare 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, and the impact of such incidents on animal and public health. (4)Leading the Department’s policy initiatives relating to overall domestic preparedness for and collective response to agricultural terrorism. (5)Serving as the principal point of contact in the Office of Health Affairs for all veterinary preparedness 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 Department officials, including all components with veterinary, 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 Agriculture, the Department of Defense, the Department 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. (9)Performing such other duties relating to such responsibilities as the Secretary may require. (d)

Advance notice of reorganization required

Not later than 180 days before carrying out any reorganization within the Department that would affect 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. .