[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3116 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3116

 To authorize certain programs of the Department of Homeland Security, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2011

Mr. King of New York (for himself, Mr. Daniel E. Lungren of California, 
    Mr. Rogers of Alabama, Mr. McCaul, Mrs. Miller of Michigan, Mr. 
 Bilirakis, Mr. Meehan, Mr. Long, Mr. Marino, Mr. Quayle, Mr. Rigell, 
Mr. Walberg, and Mr. Turner of New York) introduced the following bill; 
        which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
 To authorize certain programs of the Department of Homeland Security, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security 
Authorization Act for Fiscal Year 2012''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Amendment references.
              TITLE I--POLICY, MANAGEMENT, AND EFFICIENCY

Sec. 101. Under Secretary for Policy.
Sec. 102. Countering homegrown radicalization and violent Islamist 
                            extremism.
Sec. 103. Direct line authority for Chief Operating Officers.
Sec. 104. Department of Homeland Security International Affairs Office.
Sec. 105. Assistant Secretary for Health Affairs.
Sec. 106. Department of Homeland Security reorganization authority.
Sec. 107. Repeal of Office of Domestic Preparedness.
Sec. 108. Quadrennial homeland security review.
Sec. 109. Development of explosives detection canine standards.
      TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION POLICY

Sec. 201. Department of Homeland Security acquisitions and procurement 
                            review.
Sec. 202. Capabilities and Requirements Council.
Sec. 203. Acquisition authorities for the Under Secretary for 
                            Management.
Sec. 204. Acquisition Professional Career Program.
Sec. 205. Strategic plan for acquisition workforce.
Sec. 206. Notification to Congress of major awards.
Sec. 207. Independent verification and validation.
Sec. 208. Other transaction authority.
Sec. 209. Report on competition.
        TITLE III--INFORMATION SHARING AND INTELLIGENCE ANALYSIS

Sec. 301. Department of Homeland Security National Network of Fusion 
                            Centers Initiative.
Sec. 302. Homeland security information sharing networks development.
Sec. 303. Authority for flexible personnel management at the Department 
                            of Homeland Security Intelligence elements.
                    TITLE IV--9/11 REVIEW COMMISSION

Sec. 401. Short title.
Sec. 402. Establishment.
Sec. 403. Purposes of the 9/11 Review Commission.
Sec. 404. Composition of the 9/11 Review Commission.
Sec. 405. Authority of 9/11 Review Commission.
Sec. 406. Compensation.
Sec. 407. Appointment of staff.
Sec. 408. Security clearances for Commission members and staff.
Sec. 409. Nonapplicability of Federal Advisory Committee Act.
Sec. 410. Reports of 9/11 Review Commission.
Sec. 411. Funding.
                   TITLE V--PREPAREDNESS AND RESPONSE

               Subtitle A--WMD Preparedness and Response

Sec. 501. Homeland Security Biodefense Strategy.
Sec. 502. Weapons of mass destruction intelligence and information 
                            sharing.
Sec. 503. Risk assessments.
Sec. 504. Individual and community preparedness.
Sec. 505. Detection of biological threats.
Sec. 506. Rapid biological threat detection and identification at ports 
                            of entry.
Sec. 507. Communications planning.
Sec. 508. Response guidelines concerning weapons of mass destruction.
Sec. 509. Plume modeling.
Sec. 510. Disaster recovery.
                           Subtitle B--Grants

Sec. 521. Sense of Congress.
Sec. 522. Use of grant funds for projects conducted in conjunction with 
                            a national laboratory or research facility.
Sec. 523. Notification of homeland security grant awards.
Sec. 524. Transparency in homeland security grant funding.
Sec. 525. Metropolitan Medical Response System.
Sec. 526. Transit security grant program.
                       Subtitle C--Communications

Sec. 541. Sense of Congress regarding interoperability.
Sec. 542. Roles and responsibilities with respect to policy and 
                            guidance for communications-related 
                            expenditures with grant funds.
                  Subtitle D--Miscellaneous Provisions

Sec. 561. Audit of the National Level Exercise.
Sec. 562. FEMA report to Congress on sourcing and distribution of 
                            disaster response goods and services.
Sec. 563. Rural resilience initiative.
Sec. 564. National Domestic Preparedness Consortium.
Sec. 565. Technical correction.
                  TITLE VI--BORDER SECURITY PROVISIONS

Sec. 601. Definitions.
Sec. 602. Strategy to achieve operational control of the border.
Sec. 603. Maintaining Border Patrol staffing.
Sec. 604. Jaime Zapata Border Enforcement Security Task Force.
Sec. 605. Cost-effective training for Border Patrol agents.
Sec. 606. Border security on certain Federal lands.
Sec. 607. Border security infrastructure and technology.
Sec. 608. Northern border canine teams.
Sec. 609. Unmanned vehicles pilot program.
Sec. 610. Report on unmanned aerial vehicles.
Sec. 611. Student visa security improvement.
Sec. 612. Asia-Pacific Economic Cooperation Business Travel Cards.
                   TITLE VII--SCIENCE AND TECHNOLOGY

           Subtitle A--Directorate of Science and Technology

Sec. 701. Directorate of Science and Technology strategic plan.
Sec. 702. 5-year research and development plan.
Sec. 703. Identification and prioritization of research and development 
                            requirements.
Sec. 704. Research and development progress.
Sec. 705. Acquisition and operations support.
Sec. 706. Operational Test and Evaluation.
Sec. 707. Availability of testing facilities and equipment.
Sec. 708. Bioforensics capabilities.
Sec. 709. Homeland Security Science and Technology Fellows Program.
Sec. 710. Homeland Security Science and Technology Advisory Committee.
Sec. 711. Federally funded research and development centers.
Sec. 712. Criteria for designation as a university-based center for 
                            homeland security.
Sec. 713. Authority for flexible personnel management at the Science 
                            and Technology Directorate.
             Subtitle B--Domestic Nuclear Detection Office

Sec. 721. Radiological and nuclear detection and countermeasures 
                            research, development, testing, and 
                            evaluation.
Sec. 722. Domestic implementation of the global nuclear detection 
                            architecture.
Sec. 723. Radiation portal monitor alternatives.
Sec. 724. Contracting and grantmaking authorities.
Sec. 725. Domestic nuclear detection implementation plan.
  TITLE VIII--IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR 
                    SUSPICIOUS BEHAVIOR AND RESPONSE

Sec. 801. Short title.
Sec. 802. Amendment to the Homeland Security Act of 2002.
                        TITLE IX--MISCELLANEOUS

Sec. 901. Redesignation and movement of miscellaneous provisions.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committee'' means the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate, and any committee of the House of Representatives or 
        the Senate having legislative or oversight jurisdiction under 
        the Rules of the House of Representatives or the Senate, 
        respectively, over the matter concerned.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Function.--The term ``function'' includes authorities, 
        powers, rights, privileges, immunities, programs, projects, 
        activities, duties, and responsibilities.
            (4) Local government.--The term ``local government'' 
        means--
                    (A) a county, municipality, city, town, township, 
                local public authority, school district, special 
                district, intrastate district, council of governments 
                (regardless of whether the council of governments is 
                incorporated as a nonprofit corporation under State 
                law), regional or interstate government entity, or 
                agency or instrumentality of a local government;
                    (B) an Indian tribe or authorized tribal 
                organization, or in Alaska a Native village or Alaska 
                Regional Native Corporation; and
                    (C) a rural community, unincorporated town or 
                village, or other public entity.
            (5) Personnel.--The term ``personnel'' means officers and 
        employees.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (7) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the United States Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, and 
        any possession of the United States.
            (8) Terrorism.--The term ``terrorism'' means any activity 
        that--
                    (A) involves an act that--
                            (i) is dangerous to human life or 
                        potentially destructive of critical 
                        infrastructure or key resources; and
                            (ii) is a violation of the criminal laws of 
                        the United States or of any State or other 
                        subdivision of the United States; and
                    (B) appears to be intended--
                            (i) to intimidate or coerce a civilian 
                        population;
                            (ii) to influence the policy of a 
                        government by intimidation or coercion; or
                            (iii) to affect the conduct of a government 
                        by mass destruction, assassination, or 
                        kidnapping.
            (9) United states.--
                    (A) In general.--The term ``United States'', when 
                used in a geographic sense, means any State of the 
                United States, the District of Columbia, the 
                Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
                American Samoa, the Commonwealth of the Northern 
                Mariana Islands, any possession of the United States, 
                and any waters within the jurisdiction of the United 
                States.
                    (B) INA not affected.--Nothing in this paragraph or 
                any other provision of this Act shall be construed to 
                modify the definition of ``United States'' for the 
                purposes of the Immigration and Nationality Act or any 
                other immigration or nationality law.

SEC. 4. AMENDMENT REFERENCES.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a provision, the reference shall be considered to be made to a 
provision of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).

              TITLE I--POLICY, MANAGEMENT, AND EFFICIENCY

SEC. 101. UNDER SECRETARY FOR POLICY.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by--
            (1) redesignating section 601 (6 U.S.C. 331) as section 
        890A and transferring that section to appear immediately after 
        section 890; and
            (2) striking the heading for title VI and inserting the 
        following:

       ``TITLE VI--POLICY, PLANNING, AND OPERATIONS COORDINATION

``SEC. 601. UNDER SECRETARY FOR POLICY.

    ``(a) In General.--There shall be in the Department an Under 
Secretary for Policy, who shall be appointed by the President, by and 
with the advice and consent of the Senate.
    ``(b) Responsibilities.--Subject to the direction and control of 
the Secretary, the Under Secretary for Policy shall--
            ``(1) serve as a principal policy advisor to the Secretary;
            ``(2) supervise policy development for the programs, 
        offices, and activities of the Department;
            ``(3) establish and direct a formal policymaking process 
        for the Department;
            ``(4) ensure that the budget of the Department can fulfill 
        the Department's statutory and regulatory responsibilities and 
        implement strategic plans and policies established by the 
        Secretary in a risk-based manner;
            ``(5) conduct long-range, risk-based, strategic planning 
        for the Department, including overseeing each quadrennial 
        homeland security review required under section 603;
            ``(6) coordinate policy development undertaken by the 
        component agencies and offices of the Department; and
            ``(7) carry out such other functions as the Secretary 
        determines are appropriate, consistent with this section.''.
    (b) Clerical Amendments.--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 
striking the items relating to title VI and inserting the following:

       ``TITLE VI--POLICY, PLANNING, AND OPERATIONS COORDINATION

``Sec. 601. Under Secretary for Policy.''.

SEC. 102. COUNTERING HOMEGROWN RADICALIZATION AND VIOLENT ISLAMIST 
              EXTREMISM.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall designate an official of the 
Department to coordinate efforts to counter homegrown violent Islamist 
extremism, including the violent ideology of Al Qaeda and its 
affiliated groups, in the United States.
    (b) Notice.--Not later than 15 days after the date on which the 
Secretary designates an official under subsection (a), the Secretary 
shall submit to the appropriate congressional committees a written 
notification of the designation.
    (c) Report.--Not later than 90 days after the date on which the 
Secretary designates an official under subsection (a), the official 
designated shall submit to the appropriate congressional committees a 
report detailing--
            (1) the strategy and activities of the Department to 
        counter homegrown violent Islamist extremism;
            (2) the division of responsibilities within the Department 
        for countering homegrown violent Islamist extremism, including 
        the violent ideology of Al Qaeda and its affiliated groups;
            (3) the strategy of the Department to monitor open source 
        messaging that incite violence, including Internet websites 
        that disseminate videos, graphics, text calling for violent 
        activities, and to provide counter-messaging to that messaging;
            (4) the number of employees of the Department and the 
        amount of funding dedicated by the Department to countering 
        homegrown violent Islamist extremism, including the violent 
        ideology of Al Qaeda and its affiliated groups;
            (5) the type of Department-sponsored activities and 
        training for States and local governments, including products 
        and activities associated with State and major urban area 
        fusion centers, for countering homegrown violent Islamist 
        extremism; and
            (6) the metrics used to measure the effectiveness of 
        programs or activities of the Department aimed to counter 
        homegrown violent Islamist extremism, including the violent 
        ideology of Al Qaeda and its affiliated groups.

SEC. 103. DIRECT LINE AUTHORITY FOR CHIEF OPERATING OFFICERS.

    (a) In General.--Title VI of the Homeland Security Act of 2002 (6 
U.S.C. 201 et seq.) is further amended by adding at the end the 
following:

``SEC. 602. DIRECT LINE AUTHORITY FOR CHIEF OPERATING OFFICERS.

    ``(a) In General.--The Department's Chief Operating Officers shall 
include--
            ``(1) the Chief Financial Officer;
            ``(2) the Chief Procurement Officer;
            ``(3) the Chief Information Officer;
            ``(4) the Chief Human Capital Officer;
            ``(5) the Chief Administrative Officer; and
            ``(6) the Chief Security Officer.
    ``(b) Delegation.--Subject to the direction and control of the 
Secretary, the Chief Operating Officers shall have direct authority 
over their respective counterparts in components of the Department to 
ensure that the components comply with the laws, rules, regulations, 
and departmental policies the Chief Operating Officers are responsible 
for implementing. In coordination with the head of the relevant 
component, such authorities shall include, with respect to the 
Officer's counterparts within components of the Department, direction 
of--
            ``(1) the activities of personnel;
            ``(2) planning, operations, and training; and
            ``(3) the budget and other financial resources.
    ``(c) Coordination With Heads of Agencies.--The chief operating 
officers of components of the Department shall coordinate with the 
heads of their respective agencies while fulfilling their 
responsibilities under subsection (b) to report directly to the Chief 
Operating Officers.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further 
amended by inserting after the item relating to section 601, as added 
by section 101 of this Act, the following:

``Sec. 602. Direct line authority for Chief Operating Officers.''.

SEC. 104. DEPARTMENT OF HOMELAND SECURITY INTERNATIONAL AFFAIRS OFFICE.

    Section 879 of the Homeland Security Act of 2002 (6 U.S.C. 459) is 
amended to read as follows:

``SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS.

    ``(a) Establishment.--There is established within the Department an 
Office of International Affairs. The Office shall be headed by the 
Assistant Secretary for International Affairs, who shall be appointed 
by the President, by and with the advice and consent of the Senate.
    ``(b) Responsibilities of the Assistant Secretary.--The Assistant 
Secretary for International Affairs shall--
            ``(1) establish, in consultation with the Under Secretary 
        for Management, minimum requirements for training and 
        supporting staff who are deployed abroad;
            ``(2) coordinate international functions within the 
        Department, including functions carried out by the components 
        of the Department, in consultation with other Federal officials 
        with responsibility for counterterrorism and homeland security 
        matters;
            ``(3) develop and update, in coordination with all 
        components of the Department engaged in international 
        activities, a strategic plan for the international activities 
        of the Department and establish a process for managing its 
        implementation;
            ``(4) provide guidance to components of the Department 
        engaged in international activities and to employees of the 
        Department who are deployed overseas, as well as their intent 
        to pursue negotiations with foreign government officials and 
        reviewing resulting draft agreements;
            ``(5) maintain awareness regarding the international travel 
        of senior officers of the Department, as well as their intent 
        to pursue negotiations with foreign government officials and 
        reviewing resulting draft agreements;
            ``(6) develop, in consultation with the components and, 
        where appropriate, with the Science and Technology Directorate, 
        programs to support the overseas programs conducted by the 
        Department, including training, technical assistance, and 
        equipment; and
            ``(7) promote exchange of homeland security information and 
        best practices relating to homeland security with foreign 
        nations that, in the determination of the Secretary, 
        reciprocate the sharing of such information in a substantially 
        similar manner.
    ``(c) Responsibilities of the Components of the Department.--
            ``(1) Notice of foreign negotiations.--All components of 
        the Department shall notify the Office of International Affairs 
        of the intent of the component to pursue negotiations with 
        foreign governments.
            ``(2) Notice of international travel by senior officers.--
        All components of the Departments shall notify the Office of 
        International Affairs about the international travel of senior 
        officers of the Department.
    ``(d) Inventory of Assets Deployed Abroad.--The Office of 
International Affairs shall provide to the appropriate congressional 
committees, with the annual budget request for the Department, an 
annual accounting of all assets of the Department, including personnel, 
deployed outside the United States on behalf of the Department.
    ``(e) Exclusions.--This section does not apply to international 
activities related to the protective mission of the United States 
Secret Service, or to the Coast Guard when operating under the direct 
authority of the Secretary of Defense or the Secretary of the Navy.''.

SEC. 105. ASSISTANT SECRETARY FOR HEALTH AFFAIRS.

    Section 516 of the Homeland Security Act of 2002 (6 U.S.C. 321e) is 
amended--
            (1) in subsection (a), by striking the period at the end 
        and inserting ``, and who shall also have the title of 
        Assistant Secretary for Health Affairs.''; and
            (2) in subsection (c)--
                    (A) in paragraph (6), by striking ``and'' after the 
                semicolon at the end;
                    (B) by redesignating paragraph (7) as paragraph 
                (10); and
                    (C) by inserting after paragraph (6) the following:
            ``(7) ensuring that the workforce of the Department has 
        science-based policy, standards, requirements, and metrics for 
        occupational safety and health;
            ``(8) providing medical expertise for the components of the 
        Department with respect to prevention, preparedness, 
        protection, response, and recovery for medical and public 
        health matters;
            ``(9) working in conjunction with appropriate entities of 
        the Department and other appropriate Federal agencies to 
        develop guidance for prevention, preparedness, protection, 
        response, and recovery from catastrophic events with human, 
        animal, and agricultural health consequences; and''.

SEC. 106. DEPARTMENT OF HOMELAND SECURITY REORGANIZATION AUTHORITY.

    Section 872 of the Homeland Security Act of 2002 (6 U.S.C. 452) is 
amended--
            (1) in subsection (a), by striking ``only'' and all that 
        follows through ``(2) after'' and inserting ``only after''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Limitations on Other Reorganization Authority.--
            ``(1) In general.--Authority under subsection (a) shall not 
        extend to the discontinuance, abolition, substantial 
        consolidation, alteration, or transfer of any agency, entity, 
        organizational unit, program, or function established or 
        required to be maintained by statute.
            ``(2) Exception.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                if the President determines it to be necessary because 
                of an imminent threat to homeland security, a function, 
                power, or duty vested by law in the Department, or an 
                officer, official, or agency thereof, may be 
                transferred, reassigned, or consolidated within the 
                Department.
                    ``(B) Notice.--Not later than 30 days after the 
                date on which the President makes a transfer, 
                reassignment, or consolidation under subparagraph (A), 
                the President shall notify the appropriate 
                congressional committees of the transfer, reassignment, 
                or consolidation.
                    ``(C) Duration.--A transfer, reassignment, or 
                consolidation under subparagraph (A) shall remain in 
                effect only until the President determines that the 
                threat to homeland security has terminated or is no 
                longer imminent.
    ``(c) Publication.--Not later than 30 days after the date on which 
the President or the Secretary makes a transfer, allocation, 
assignment, consolidation, alteration, establishment, or discontinuance 
under this section, the President or the Secretary shall publish in the 
Federal Register--
            ``(1) the reasons for the action taken; and
            ``(2) a list of each statutory provision implicated by the 
        action.''.

SEC. 107. REPEAL OF OFFICE OF DOMESTIC PREPAREDNESS.

    (a) Termination.--Title IV of the Homeland Security Act of 2002 is 
amended by striking section 430 (6 U.S.C. 238).
    (b) 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 
striking the item relating to section 430.

SEC. 108. QUADRENNIAL HOMELAND SECURITY REVIEW.

    (a) In General.--Section 707 of the Homeland Security Act of 2002 
(6 U.S.C. 347) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``fiscal year 
                2009'' and inserting ``calendar year 2013''; and
                    (B) in paragraph (3), by striking ``The Secretary 
                shall conduct each quadrennial homeland security review 
                under this subsection'' and inserting ``In order to 
                ensure that each quadrennial homeland security review 
                conducted under this section is coordinated with the 
                quadrennial defense review conducted by the Secretary 
                of Defense under section 118 of title 10, United States 
                Code, and any other major strategic review relating to 
                diplomacy, intelligence, or other national security 
                issues, the Secretary shall conduct each quadrennial 
                homeland security review''; and
            (2) by striking subsections (b), (c), and (d) and inserting 
        the following:
    ``(b) Scope of Review and Report.--
            ``(1) In general.--In each quadrennial homeland security 
        review, the Secretary shall--
                    ``(A) examine the homeland security aspects of the 
                security environment of the Nation, including existing 
                and potential homeland security threats and challenges, 
                and the effect of laws, Presidential directives, 
                national strategies, and other relevant guidance 
                documents in meeting existing and potential homeland 
                security threats and challenges;
                    ``(B) review the capabilities and capacities across 
                the homeland security enterprise, and the roles of 
                executive agencies, States, local governments, Indian 
                tribes, and private entities in providing those 
                capabilities and capacities;
                    ``(C) evaluate and prioritize the homeland security 
                mission areas of the Nation and associated goals and 
                objectives, and recommend any necessary revisions to 
                the mission areas, goals, and objectives as 
                appropriate;
                    ``(D) examine whether the capabilities and 
                capacities across the homeland security enterprise 
                should be adjusted based on any proposed modifications 
                to the mission areas, goals, or objectives;
                    ``(E) identify additional capabilities and 
                capacities that may be needed across the homeland 
                security enterprise in response to potential homeland 
                security threats and challenges, and the resources 
                required to provide the capabilities and capacities;
                    ``(F) identify redundant, wasteful, or unnecessary 
                capabilities and capacities where resources can be 
                redirected to support capabilities and capacities 
                identified under subparagraph (E);
                    ``(G) evaluate the organization, organizational 
                structure, governance structure, and business processes 
                (including acquisition processes) of the Department, as 
                they relate to the ability of the Department to meet 
                the responsibilities of the Department; and
                    ``(H) review any other matter the Secretary 
                considers appropriate.
            ``(2) Report.--During the year following the year in which 
        a quadrennial homeland security review is conducted, and not 
        later than the date on which the budget of the President for 
        the next fiscal year is submitted to Congress under section 
        1105(a) of title 31, United States Code, the Secretary shall--
                    ``(A) submit to the appropriate congressional 
                committees a report--
                            ``(i) describing the process used in 
                        conducting the quadrennial homeland security 
                        review and explaining any underlying 
                        assumptions used in conducting the quadrennial 
                        homeland security review;
                            ``(ii) describing the findings and 
                        conclusions of the review, including findings 
                        and conclusions relating to each issue 
                        addressed under subparagraphs (A) through (H) 
                        of paragraph (1);
                            ``(iii) detailing any proposed revisions to 
                        the national homeland security strategy, 
                        including any proposed revisions to the 
                        homeland security missions, capabilities and 
                        capacities, goals, or objectives of the Nation;
                            ``(iv) detailing how the conclusions under 
                        the quadrennial homeland security review will 
                        inform efforts to develop capabilities and 
                        build capacity of States, local governments, 
                        Indian tribes, and private entities, and of 
                        individuals, families, and communities;
                            ``(v) providing proposed changes to the 
                        authorities, organization, governance 
                        structure, or business processes (including 
                        acquisition processes) of the Department in 
                        order to better fulfill the responsibilities of 
                        the Department; and
                            ``(vi) describing any other matter the 
                        Secretary considers appropriate; and
                    ``(B) consistent with the protection of national 
                security and other sensitive matters, make the report 
                required under subparagraph (A) publicly available on 
                the website of the Department; and
                    ``(C) where appropriate, the Secretary may include 
                as an annex to the report materials prepared pursuant 
                to section 306 of title 5, relating to the preparation 
                of an agency strategic plan, to satisfy, in whole or in 
                part, the reporting requirements of this paragraph.''.
    (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 striking the item relating to section 707 and 
inserting the following:

``Sec. 707. Quadrennial homeland security review.''.

SEC. 109. DEVELOPMENT OF EXPLOSIVES DETECTION CANINE STANDARDS.

    (a) In General.--Section 1307(c) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1116(c)) 
is amended to read as follows:
    ``(c) Explosives Detection Canine Accreditation and Minimum 
Certification Standards.--
            ``(1) In general.--To assist in the Department's 
        counterterrorism mission, the Secretary shall--
                    ``(A) issue mission-specific accreditation and 
                minimum certification standards for all explosives 
                detection canines, and their handlers, that are used or 
                funded by the Department; and
                    ``(B) ensure that all explosives detection canines 
                used or funded by the Department, and their handlers, 
                are trained by persons who have met those accreditation 
                standards and utilize such minimum certification 
                standards.
            ``(2) Included canines and handlers.--The canines and 
        handlers referred to in paragraph (1) include--
                    ``(A) canines that are not bred by the Department;
                    ``(B) canines and handlers that are not trained by 
                the Department; and
                    ``(C) canine and handlers that are obtained by the 
                Department by contract, or funded by the Department by 
                grant or otherwise.
            ``(3) Recommendations.--
                    ``(A) Panel.--The Secretary shall convene a panel 
                that will develop recommendations for the accreditation 
                and minimum certification standards under this 
                subsection, which shall consist of canine training 
                subject matter experts, including representatives from 
                the private sector and academia, as designated by the 
                Secretary.
                    ``(B) Recommendations.--The recommendations shall 
                consist of a multitier set of standards designed to 
                provide minimum accreditation and certification 
                standards, as well as a higher level of standards based 
                on mission-critical objectives of the components that 
                use explosives detection canines. The standards shall 
                address both initial and recurrent training and 
                certification.
                    ``(C) Review and revision.--After provision of the 
                recommendations, the panel shall meet no less than 
                biennially to review and revise the recommendations.
            ``(4) Authorization of appropriations.--To carry out this 
        subsection there is authorized to be appropriated $300,000 for 
        fiscal year 2012.''.
    (b) Deadline for Standards.--The Secretary of Homeland Security 
shall issue accreditation and minimum certification standards under the 
amendment made by subsection (a) by not later than 180 days after the 
date of enactment of this Act.

      TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION POLICY

SEC. 201. DEPARTMENT OF HOMELAND SECURITY ACQUISITIONS AND PROCUREMENT 
              REVIEW.

    (a) In General.--Title VII of the Homeland Security Act of 2002 (6 
U.S.C. 341 et seq.), is amended by adding at the end the following:

``SEC. 708. DEPARTMENT ACQUISITIONS AND PROCUREMENT REVIEW.

    ``(a) In General.--The Secretary shall review the proposed 
acquisitions and procurements by the Department.
    ``(b) Purpose.--The review under subsection (a) shall inform the 
Department's investment decisions, evaluate lifecycles of procurements, 
strengthen acquisition oversight, and improve resource management in a 
risk-based manner.
    ``(c) Acquisition Review Board.--
            ``(1) Establishment.--The Secretary shall establish an 
        Acquisition Review Board for the purpose of carrying out the 
        review of proposed acquisitions and procurements required under 
        subsection (a).
            ``(2) Membership.--The Secretary shall designate 
        appropriate officers from throughout the Department to serve on 
        the Acquisition Review Board, including an appointee to serve 
        as chair of the Board.
            ``(3) Subordinate boards and councils.--The Secretary may 
        establish subordinate boards and councils to support the 
        Acquisition Review Board.
    ``(d) Investment Thresholds.--The Secretary may establish 
materiality thresholds for the review of investments by the Acquisition 
Review Board or any subordinate board or council.
    ``(e) Reporting Requirement.--The Secretary shall submit to the 
appropriate congressional committees an annual report, broken down on a 
quarterly basis, on the activities of the Acquisition Review Board, 
including detailed descriptions of and statistics on programs and 
activities reviewed by the Acquisition Review Board.''.
    (b) Initial Report.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall submit 
a report to the appropriate congressional committees on the processes 
and protocols implemented to carry out the review required under the 
amendment made by subsection (a).
    (c) Clerical 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 
adding at the end of the items relating to title VII the following:

``Sec. 708. Department acquisitions and procurement review.''.

SEC. 202. CAPABILITIES AND REQUIREMENTS COUNCIL.

    (a) In General.--Title VII of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is further amended by adding at the end the 
following new section:

``SEC. 709. CAPABILITIES AND REQUIREMENTS COUNCIL.

    ``(a) Establishment.--There is established a Capabilities and 
Requirements Council in the Department.
    ``(b) Mission.--The Capabilities and Requirements Council shall 
provide recommendations and assistance to the Secretary for the 
following:
            ``(1) Identifying, assessing, and approving homeland 
        security investments and acquisition requirements, including 
        investments in and requirements for existing programs, systems, 
        and equipment, to meet homeland security strategic goals and 
        objectives.
            ``(2) Harmonizing common investments and requirements 
        across Department organizational elements.
            ``(3) Reviewing the mission need associated with each 
        proposed investment or acquisition requirement identified under 
        paragraph (1).
            ``(4) Reviewing major investments across the Department to 
        ensure consistency with homeland security strategic goals and 
        objectives.
            ``(5) Ensuring the use of cost-benefit analyses, giving 
        consideration to factors such as cost, schedule, performance, 
        risk, and operational efficiency, in order to determine the 
        most viable homeland security investments or acquisition 
        requirements identified under paragraph (1).
            ``(6) Establishing and assigning priority levels for the 
        homeland security investments and requirements identified under 
        paragraph (1), in consultation with advisors to the Council 
        engaged under subsection (d).
            ``(7) Reviewing the estimated level of resources required 
        to fulfill the homeland security requirements identified under 
        paragraph (1) and to ensure that such resource level is 
        consistent with the level of priority assigned to such 
        requirement.
            ``(8) Proposing schedules for delivery of the operational 
        capability needed to meet each homeland security requirement 
        identified under paragraph (1).
            ``(9) Identifying alternatives to any acquisition program 
        that meet homeland security requirements identified under 
        paragraph (1).
            ``(10) Providing recommendations to the Acquisition Review 
        Board established under section 708.
            ``(11) Performing any other duties established by the 
        Secretary.
    ``(c) Composition.--The Capabilities and Requirements Council is 
composed of--
            ``(1) the Under Secretary for Management of the Department, 
        who shall act as the Chairman of the Council; and
            ``(2) appropriate representatives from the components and 
        organizational elements of the Department, as determined by the 
        Secretary.
    ``(d) Advisors.--The Council shall seek and consider input from 
members of Federal, State, local, and tribal governments, and the 
private sector, as appropriate, on matters within their authority and 
expertise in carrying out its mission under subsection (b).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to title VII the following:

``Sec. 709. Capabilities and Requirements Council.''.

SEC. 203. ACQUISITION AUTHORITIES FOR THE UNDER SECRETARY FOR 
              MANAGEMENT.

    (a) In General.--Section 701 of the Homeland Security Act of 2002 
(6 U.S.C. 341) is amended--
            (1) in subsection (a)(2), by striking ``Procurement'' and 
        inserting ``Acquisition, as provided in subsection (d)''; and
            (2) by adding at the end the following:
    ``(d) Acquisition and Related Responsibilities.--
            ``(1) In general.--The Under Secretary for Management shall 
        act as the senior acquisition officer for the Department and 
        shall administer functions relating to acquisition, including--
                    ``(A) supervising the management of Department 
                acquisition activities and acquisition programs, 
                evaluating the performance of those activities and 
                programs, and advising the Secretary regarding the 
                appropriate risk-based acquisition strategy to achieve 
                the mission of the Department;
                    ``(B) directing all of the Department's components 
                with regard to the Under Secretary's responsibility 
                under this subsection;
                    ``(C) establishing policies for acquisition that 
                implement a risk-based approach, as appropriate, 
                including investment review, program management, 
                procurement of goods and services, research and 
                development, and contract administration, for all 
                components of the Department;
                    ``(D) establishing policies for logistics, 
                maintenance, and sustainment support for all components 
                of the Department; and
                    ``(E) prescribing policies to ensure that audit and 
                oversight of contractor activities are coordinated and 
                carried out in a risk-based manner that prevents 
                redundancies among the different components of the 
                Department.
            ``(2) Under secretary for science and technology.--Nothing 
        in this subsection shall diminish or otherwise affect the 
        authority granted to the Under Secretary for Science and 
        Technology under this Act. The Under Secretary for Management 
        and the Under Secretary for Science and Technology shall 
        cooperate in matters of mutual interest related to the subjects 
        addressed by this subsection.''.
    (b) Report to Congress.--The Under Secretary for Management shall 
report to Congress within 180 days after the date of the enactment of 
this Act on a comprehensive acquisition management plan for the 
Department, including performance metrics, to--
            (1) improve collaboration, coordination, and awareness of 
        technologies and capabilities across components of the 
        Department, the Federal Government, universities, and the 
        private sector when developing program requirements for 
        acquisitions by the Department;
            (2) evaluate the reasons for modifying program requirements 
        after an award of a contract and analyze the need for 
        modifications and whether modifications would lead to contract 
        cost overruns and time delays;
            (3) ensure regular communication with and support from 
        State and local entities when developing program requirements 
        and modifying program requirements;
            (4) provide increased oversight and management on 
        identified high-risk acquisitions;
            (5) evaluate the turnover rate of program managers and 
        contracting officers throughout a contract and its impact on 
        program requirement modifications, cost overruns, and time 
        delays; and
            (6) evaluate the time it takes between first developing 
        program requirements, through the acquisition review process, 
        up until a contract award is made.

SEC. 204. ACQUISITION PROFESSIONAL CAREER PROGRAM.

    (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. 710. ACQUISITION PROFESSIONAL CAREER PROGRAM.

    ``(a) Establishment.--The Secretary may establish at the Department 
an Acquisition Professional Career Program for the recruitment, 
training, and retention of acquisition professionals for the 
Department.
    ``(b) Program.--The program established under subsection (a) shall 
rotate participants through various headquarters and component 
acquisition and program offices to assure that participants receive 
broad experience and developmental training throughout the Department.
    ``(c) Acquisition Professional.--An acquisition professional shall 
include, but is not limited to, an individual employed by the 
Department as a contract specialist, program manager, or technical 
representative of a contracting office.
    ``(d) Limit.--Subject to appropriations, the Secretary may not hire 
more than 100 participants for the program established under subsection 
(a) in each fiscal year from 2012 to 2015.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such title the following new item:

``Sec. 710. Acquisition Professional Career Program.''.

SEC. 205. STRATEGIC PLAN FOR ACQUISITION WORKFORCE.

    (a) Strategic Plan.--Not later than 180 days after the date of 
enactment of this Act, the Chief Procurement Officer and the Chief 
Human Capital Officer of the Department of Homeland Security shall 
submit to the appropriate congressional committees a 5-year strategic 
plan for the acquisition workforce of the Department.
    (b) Elements of Plan.--The plan required under subsection (a) 
shall--
            (1) designate the acquisition positions that will be 
        necessary to support the Department acquisition requirements, 
        including in the fields of--
                    (A) program management;
                    (B) systems planning, research, development, 
                engineering, and testing;
                    (C) procurement, including contracting;
                    (D) industrial property management;
                    (E) logistics;
                    (F) quality control and assurance;
                    (G) manufacturing and production;
                    (H) business, cost estimating, financial 
                management, and auditing;
                    (I) education, training, and career development;
                    (J) construction; and
                    (K) joint projects with other Government agencies 
                and foreign countries;
            (2) identify acquisition workforce needs of each Department 
        component performing acquisition functions and develop a 
        schedule for filling those needs;
            (3) include departmental guidance and risk-based policies 
        on the use of contractors to perform acquisition functions;
            (4) summarize the recruitment, hiring, training, and 
        retention of the workforce identified in paragraph (2); and
            (5) establish goals for achieving integration and 
        consistency with Governmentwide training and accreditation 
        standards, acquisition training tools, and training facilities.
    (c) Other Acquisition Positions.--The Chief Acquisition Officer of 
the Department may, as appropriate, designate as acquisition positions 
those additional positions that perform significant acquisition-related 
functions within that component of the Department.

SEC. 206. NOTIFICATION TO CONGRESS OF MAJOR AWARDS.

    (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. 711. NOTIFICATION TO CONGRESS OF MAJOR PROCUREMENT AWARDS.

    ``(a) Reporting of Significant Contracts.--The Secretary shall 
notify the appropriate congressional committees at least 3 business 
days prior to--
            ``(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 notifies 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 Management shall 
establish a process to provide for the evaluation of the integrity and 
quality of major acquisitions, to be conducted independently by 
personnel with no involvement or interest in the underlying 
acquisitions.
    ``(b) Requirement for Guidance.--The Under Secretary for Management 
shall create a transparent acquisition process by making available to 
the public written guidance that provides the following:
            ``(1) Criteria for applying and planning independent 
        verification and validation, including appropriate thresholds 
        above which acquisitions may not proceed without independent 
        verification and validation unless authorized to do so by the 
        Acquisition Review Board established under section 708.
            ``(2) Procedures for ensuring the managerial, financial, 
        and technical independence of providers of independent 
        verification and validation.
            ``(3) Methods for integrating independent verification and 
        validation results into program management.
    ``(c) Reporting to Congress.--The annual report required by section 
708(e) shall--
            ``(1) identify any acquisition that is granted initial 
        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.''.
    (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 September 30, 
        2010'' 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 annually thereafter'' 
        and inserting ``Not later than September 30, 2015''; and
            (3) in subsection (d)(1), by striking ``September 30, 
        2010'' 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 Department under the requirements of the Competition 
in Contracting 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 contracts 
                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 competition;
            (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 Department and the 
        percentage of contracts awarded under full and open competition 
        by other Federal departments and agencies.

        TITLE III--INFORMATION SHARING AND INTELLIGENCE ANALYSIS

SEC. 301. DEPARTMENT OF HOMELAND SECURITY NATIONAL NETWORK OF FUSION 
              CENTERS INITIATIVE.

    (a) Amendments To Establish Network.--
            (1) Amendments.--Section 210A of the Homeland Security Act 
        of 2002 (6 U.S.C. 124h) is amended--
                    (A) by striking the section heading and inserting 
                the following:

``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY NATIONAL NETWORK OF FUSION 
              CENTERS INITIATIVE.'';

                    (B) in subsection (a), by striking ``a Department 
                of Homeland Security State, Local, and Regional Fusion 
                Center Initiative to establish partnerships with State, 
                local, and regional fusion centers'' and inserting ``a 
                Department of Homeland Security National Network of 
                Fusion 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 Advisors 
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 Fusion Centers;
            ``(2) support the integration of State and major urban area 
        fusion centers into the information sharing environment and the 
        National Prevention Framework 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 management program and exercises 
        to assess the capability of individual fusion centers, the 
        statewide fusion process, and the national network;
            ``(4) reduce inefficiencies and maximize the effectiveness 
        of Federal resource support;
            ``(5) develop criteria for designating fusion centers that 
        enables the most effective allocation of Federal resources and 
        aligns with priorities of the Department as determined by the 
        Secretary;
            ``(6) coordinate with the Nationwide Suspicious Activity 
        Reporting Initiative to ensure information within the scope of 
        the information sharing environment created under section 1016 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (6 U.S.C. 485) gathered by the National Network of Fusion 
        Centers is incorporated into the Department's information 
        resources;
            ``(7) provide management guidance and assistance to the 
        National Network of Fusion Centers;
            ``(8) serve as a point of contact for and effective 
        dissemination of information within the scope of such 
        information sharing environment to the National Network of 
        Fusion Centers;
            ``(9) serve as the single point of contact to ensure the 
        close communication and coordination between the National 
        Network of Fusion Centers and the Department;
            ``(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 Fusion Centers and 
        encourage fusion centers in such Network to participate in 
        terrorism threat-related exercises conducted by the Department;
            ``(12) ensure, to the greatest extent practicable, that 
        support to fusion centers in such network is reflected as a 
        national priority in all applicable grant guidance;
            ``(13) ensure that each fusion center in such network has a 
        privacy policy approved by the Chief Privacy Officer of the 
        Department; and
            ``(14) carry out such other duties as the Secretary 
        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 secretary.--
                    ``(A) In general.--The Under Secretary for 
                Intelligence and Analysis shall--
                            ``(i) lead Department efforts to ensure 
                        fusion centers in the Network are the primary 
                        focal points for the sharing of terrorism-
                        related information with State and local 
                        entities; and
                            ``(ii) ensure that, as appropriate, 
                        operational, programmatic, and administrative 
                        resources, including intelligence officers, 
                        intelligence analysts, reporting officers, and 
                        other liaisons from components of the 
                        Department are provided to qualifying State and 
                        major urban area fusion centers.
                    ``(B) Grant guidance.--The Under Secretary 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 understanding 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 Department components and 
                offices, in coordination with the respective component 
                head and in consultation with the principal officials 
                of fusion centers in the Network:
                            ``(i) The Office of Intelligence and 
                        Analysis.
                            ``(ii) The Office of Infrastructure 
                        Protection.
                            ``(iii) The Transportation Security 
                        Administration.
                            ``(iv) U.S. Customs and Border Protection.
                            ``(v) U.S. Immigration and Customs 
                        Enforcement.
                            ``(vi) The Coast Guard.
                            ``(vii) The Privacy Office of the 
                        Department.
                            ``(viii) The Office for Civil Rights and 
                        Civil Liberties of the Department.
                            ``(ix) Other components or offices of the 
                        Department, as determined by the Secretary.
                    ``(B) Coordination with other federal agencies.--
                The Under Secretary for Intelligence and Analysis shall 
                coordinate with appropriate officials throughout the 
                Federal government to 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) by adding the following at the end of 
                subsection (c)(3)(B):
                            ``(vi) whether the fusion center has 
                        privacy protections in place that are 
                        determined 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 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 identify, 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 
                        fusion 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 practicable, 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.
            ``(2) Mass transit intelligence products.--In performing 
        the responsibilities under subsection (d), officers and 
        intelligence analysts assigned to fusion centers in the Network 
        shall, as a primary responsibility, create mass transit 
        intelligence products that--
                    ``(A) assist State, local, and tribal law 
                enforcement agencies in detecting and interdicting 
                terrorists, weapons of mass destruction, and related 
                contraband traveling on mass transit systems 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 responsibilities 
        under subsection (d), officers and intelligence analysts 
        assigned to fusion centers in the Network shall assist Federal, 
        State, local, and tribal law enforcement authorities overseeing 
        the security of mass transit systems with resolving conflicting 
        threat information provided by Federal Government sources.'';
                    (H) by amending subsection (j), as so redesignated, 
                to read as follows:
    ``(j) Guidelines.--The Secretary, in consultation with the Attorney 
General, shall--
            ``(1) ensure the consistent application of guidance for 
        identifying baseline capabilities and operational 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 ``subsection 
                (j)''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by striking the item relating to 
        such section and inserting the following:

``Sec. 210A. Department of Homeland Security National Network of Fusion 
                            Centers Initiative.''.
    (b) Memorandum of Understanding on Fusion Centers.--
            (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 FUSION CENTERS.

    ``The Administrator of the Federal Emergency Management Agency 
shall enter into a memorandum of understanding 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 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. 21GA. 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.--
            (1) In general.--The strategy under subsection (a) shall 
        include a comprehensive plan for the further development, 
        acquisition, and deployment, and continual 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 following:
                    (A) cost estimates for the further development 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 requirements 
                that meet strategic goals and Department-wide 
                operational and analytical mission requirements;
                    (E) a plan for standardizing and properly 
                disseminating the networks across the Department;
                    (F) consideration for any homeland security 
                computer system or database not listed in paragraph (1) 
                that is currently in development or in operation in any 
                component or office of the Department and that should 
                be merged with or incorporated 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 coordinated 
                deployment of the systems listed in paragraph (1), as 
                considered appropriate by the Secretary, to--
                            (i) the Department of Homeland Security 
                        Headquarters offices;
                            (ii) the Department of Homeland Security 
                        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.
    (c) Reporting Requirement.--The Secretary shall report the strategy 
required by subsection (a) to the congressional homeland security 
committees within 30 days after it is completed.

SEC. 303. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT 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 COMPONENTS OF THE DEPARTMENT OF HOMELAND 
              SECURITY.

    ``(a) Authority.--The Secretary of Homeland Security may convert 
both unencumbered and encumbered competitive 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 occupying 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 position, the position may be converted to the 
excepted service.''.
    (b) Reporting.--The Secretary shall include information, together 
with submission of the annual budget justification, on the following:
            (1) the challenge with filling vacancies of the positions 
        referenced in subsection (a);
            (2) the extent to which the authority provided under 
        subsection (a) was utilized to fill those positions; and
            (3) any impact that the exercise of that authority 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.''.

                    TITLE IV--9/11 REVIEW COMMISSION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``9/11 Review Commission Act''.

SEC. 402. ESTABLISHMENT.

    There is established in the legislative branch a National 
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 comprehensive review of 
the implementation of the recommendations proposed in the report issued 
by the National Commission on Terrorist Attacks Upon the United States 
(commonly known as the ``9/11 Commission''), as established pursuant to 
section 601 of the Intelligence Authorization 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, including any relevant 
        legislation, Executive order, regulation, plan, policy, 
        practice, or procedure implemented 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 attacks of September 11, 2001; and
            (4) provide additional recommendations with regard 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.

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 evidence, and 
        administer oaths; and
            (2) subject to subsection (b)(1), require, by subpoena or 
        otherwise, the attendance and testimony of such witnesses and 
        the production of such books, records, correspondence, 
        memoranda, electronic communications, papers, and documents, as 
        the 9/11 Review Commission or such designated panel may 
        determine 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 documents 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 court for the judicial 
                district in which the subpoenaed 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 failing 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 attorney, who may bring the matter before the 
                grand jury for its action, under the same statutory 
                authority and procedures as if the United States 
                attorney had received a certification under sections 
                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 department, bureau, 
        agency, board, commission, office, independent establishment, 
        or instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of this title. Each 
        such department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, 
        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 dissemination.--
        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 orders.
    (d) Advisory Panels.--The chairman may establish advisory panels 
composed of individuals, including such experts as the chairman 
determines appropriate, who may undertake investigations, evaluate 
evidence, make findings, and provide recommendations to the 9/11 Review 
Commission.
    (e) Contracting.--The 9/11 Review Commission may, to such extent 
and in such amounts as are provided in by appropriations, enter into 
contracts to enable the Commission to discharge its duties under this 
title.
    (f) Assistance From Federal Agencies.--
            (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 performance 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 may 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.

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, including per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in the Government service are 
allowed expenses under section 5703(b) of title 5, United States Code.
    (c) Staff as Federal Employees.--
            (1) In general.--Any staff receiving compensation under 
        this section shall be employees under section 2105 of title 5, 
        United States Code, for purposes of chapters 63, 81, 83, 84, 
        85, 87, 89, and 90 of 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 Commission 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 MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall provide to 
the 9/11 Review Commission, to the extent possible, personnel with 
appropriate security clearances. No person shall be provided with 
access to classified information under this title without the 
appropriate security clearances.

SEC. 409. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 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 extent 
        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 consistent 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 interim reports containing its 
findings, conclusions, and recommendations, and may submit with such 
reports any classified annexes.
    (b) Final Report.--Not later than 12 months after the date of the 
enactment of this Act, the 9/11 Review Commission shall submit to the 
President and appropriate congressional 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, conclusions, 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 submitted under subsection 
        (b).
            (2) Administrative activities before termination.--The 9/11 
        Review Commission may use the 30-day period referred to in 
        paragraph (1) for the purpose of concluding its activities, 
        including providing 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.
    (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 Review 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;
            ``(3) be sufficiently detailed to guide prioritization of 
        Department investments in and strategic approach to biodefense-
        related research, development, planning, and preparedness; and
            ``(4) include an implementation plan to enable the 
        Department to carry out the 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 Department to meet 
                the objectives of the biodefense strategy, with special 
                emphasis on unmet objectives and proposed mechanisms to 
                eliminate shortfalls in meeting those objectives, 
                through budgetary, management, or other refinements.

``SEC. 2102. SUBMISSIONS TO CONGRESS.

    ``The Secretary shall submit each biodefense strategy and annual 
biodefense strategy review under this title to the appropriate 
congressional committees.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end the following:

                ``TITLE XXI--WEAPONS OF MASS DESTRUCTION

``Sec. 2101. Biodefense strategy.
``Sec. 2102. Submissions to Congress.''.
    (b) Deadline for First Strategy.--The Secretary of Homeland 
Security shall complete the first biodefense strategy under section 
2101 of the Homeland Security Act of 2002, as amended by this section, 
by not later than one year after the date of enactment of this Act.

SEC. 502. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION 
              SHARING.

    (a) In General.--Title XXI of the Homeland Security Act of 2002, as 
added by section 501 of this Act, is amended by adding at the end the 
following:

``SEC. 2103. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION 
              SHARING.

    ``(a) In General.--The Office of Intelligence and Analysis of the 
Department shall--
            ``(1) support homeland security-focused intelligence 
        analysis of terrorist actors, their claims, and their plans to 
        conduct attacks involving chemical, biological, radiological, 
        and nuclear materials against the Nation;
            ``(2) support homeland security-focused intelligence 
        analysis of global infectious disease, public health, food, 
        agricultural, and veterinary issues;
            ``(3) support homeland-security focused risk analysis and 
        risk assessments of the homeland security hazards described in 
        paragraphs (1) and (2) by providing relevant quantitative and 
        nonquantitative threat information;
            ``(4) leverage existing and emerging homeland security 
        capabilities and structures to enhance prevention, protection, 
        response, and recovery efforts with respect to a chemical, 
        biological, radiological, or nuclear attack;
            ``(5) share information and provide tailored analytical 
        support on these threats to State, local, and tribal 
        authorities; and
            ``(6) perform other responsibilities, as assigned by the 
        Secretary.
    ``(b) Coordination.--Where appropriate, the Office of Intelligence 
and Analysis shall--
            ``(1) coordinate with other relevant Department components;
            ``(2) consult with others in the Intelligence Community, 
        including State, local, and tribal authorities, in particular 
        officials from high-threat areas; and
            ``(3) enable such entities to provide recommendations on 
        optimal information sharing mechanisms, including expeditious 
        sharing of classified information, and on how they can provide 
        information to the Department.
    ``(c) Report.--
            ``(1) In general.--Not later than one year after the date 
        of the enactment of this section and annually thereafter, the 
        Secretary shall report to the appropriate congressional 
        committees on--
                    ``(A) the intelligence and information sharing 
                activities under subsection (a) and of all relevant 
                entities within the Department to counter the threat 
                from weapons of mass destruction; and
                    ``(B) the Department's activities in accordance 
                with relevant intelligence strategies.
            ``(2) Assessment of implementation.--The report shall 
        include--
                    ``(A) a description of methods established to 
                assess progress of the Office of Intelligence and 
                Analysis in implementing this section; and
                    ``(B) such assessment.''.
    (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. 2103. Weapons of mass destruction intelligence and information 
                            sharing.''.

SEC. 503. RISK ASSESSMENTS.

    (a) In General.--Title XXI of the Homeland Security Act of 2002, as 
added by section 501 of this Act, is amended by adding at the end the 
following:

``SEC. 2104. RISK ASSESSMENTS.

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology and in coordination with relevant 
Department components and other appropriate Federal departments and 
agencies, shall--
            ``(1) produce and update periodically a terrorism risk 
        assessment of chemical, biological, radiological, and nuclear 
        threats; and
            ``(2) produce and update periodically an integrated 
        terrorism risk assessment that assesses all of those threats 
        and compares them against one another according to their 
        relative risk.
    ``(b) Methodology.--
            ``(1) In general.--The Secretary shall--
                    ``(A) convene an interagency task force of relevant 
                subject matter experts to assess the proposed 
                methodology to be used for assessments required under 
                subsection (a), and to provide recommendations to the 
                Secretary as to the adequacy of such methodology;
                    ``(B) conduct sensitivity analysis on each 
                assessment to identify and prioritize research 
                activities to close knowledge gaps; and
                    ``(C) consider the evolving threat from an 
                intelligent adversary.
            ``(2) Inclusion in assessment.--Each assessment under 
        subsection (a) shall include a description of the methodology 
        used for the assessment.
    ``(c) Usage.--The assessments required under subsection (a) shall 
be used to inform and guide risk management decisions, including--
            ``(1) the threat assessments and determinations by the 
        Secretary regarding agents and toxins pursuant to section 319F-
        2 of the Public Health Service Act;
            ``(2) allocation of resources for research and development 
        for prevention of, protection against, response to, and 
        recovery from a chemical, biological, radiological, or nuclear 
        attack;
            ``(3) prioritization of medical countermeasure research, 
        development, acquisition, and distribution activities and other 
        national strategic biodefense research;
            ``(4) tailored risk assessments and risk mitigation 
        studies, as appropriate, on topics such as radiological 
        materials security or the economic risks of a biological 
        attack; and
            ``(5) other homeland security activities as determined 
        appropriate by the Secretary and the heads of other agencies.
    ``(d) Input and Sharing.--The Secretary shall, for each assessment 
required under subsection (a)--
            ``(1) seek input from Federal, State, local, and tribal 
        officials involved in efforts to prevent, protect against, 
        respond to, and recover from chemical, biological, 
        radiological, and nuclear threats;
            ``(2) ensure that written procedures are in place to guide 
        the development and review of risk assessments through 
        coordinated efforts of relevant Federal agencies;
            ``(3) share the risk assessments with Federal, State, local 
        and tribal officials with appropriate security clearances and a 
        need for the information in the classified version; and
            ``(4) to the extent practicable, make available an 
        unclassified version for Federal, State, local, and tribal 
        officials involved in prevention and preparedness for chemical, 
        biological, radiological, and nuclear events.''.
    (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. 2104. Risk Assessments.''.

SEC. 504. INDIVIDUAL AND COMMUNITY PREPAREDNESS.

    (a) Individual and Community Preparedness.--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:

``SEC. 526. INDIVIDUAL AND COMMUNITY PREPAREDNESS.

    ``(a) In General.--The Administrator shall assist State, local, and 
tribal authorities in improving and promoting individual and community 
preparedness and collective response to weapons of mass destruction and 
terrorist attacks involving chemical, biological, radiological, and 
nuclear materials against the United States, by--
            ``(1) developing guidance and checklists of recommended 
        actions for individual and community prevention and 
        preparedness efforts and disseminating such guidance and 
        checklists to communities and individuals;
            ``(2) updating new and existing guidance and checklists as 
        appropriate;
            ``(3) disseminating the guidance developed under section 
        510 to communities and individuals, as appropriate;
            ``(4) providing information and training materials in 
        support of individual and community preparedness efforts;
            ``(5) conducting individual and community preparedness 
        outreach efforts; and
            ``(6) such other actions as the Secretary determines 
        appropriate.
    ``(b) Coordination.--Where appropriate, the Secretary shall 
coordinate with private sector and nongovernmental organizations to 
promote individual and community preparedness and collective response 
to weapons of mass destruction and terrorist attacks involving 
chemical, biological, radiological, and nuclear materials against the 
United States.
    ``(c) Best Practices.--In compiling guidance for individual and 
community preparedness in order to carry out subsection (a)(4), the 
Secretary shall give due regard to best practices based on the 
experience of other agencies and countries and the expertise of 
academic institutions and nongovernmental organizations.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further 
amended by adding at the end of the items relating to such title he 
following:

``Sec. 526. Individual and community preparedness.''.

SEC. 505. DETECTION OF BIOLOGICAL THREATS.

    (a) In General.--Title XXI of the Homeland Security Act of 2002, as 
added by section 501 of this Act, is further amended by adding at the 
end the following:

``SEC. 2105. DETECTION OF BIOLOGICAL ATTACKS.

    ``(a) Program.--The Secretary shall carry out a program to detect a 
biological attack or event that poses a high risk to homeland security. 
Through such program, the Secretary shall--
            ``(1) deploy detection capabilities to areas, based on 
        risks identified by Department assessments, to indicate the 
        presence of biological agents;
            ``(2) consider multiple deployment strategies including 
        surge capability;
            ``(3) provide information to participating laboratories and 
        programs for their use in monitoring public health, and 
        biological material or other data from those detectors to 
        participating laboratories and programs for testing and 
        evaluation;
            ``(4) regularly communicate with, and provide information 
        about the presence of biological agents to, appropriate 
        Federal, State, and local agencies responsible for public 
        health, law enforcement, and emergency services, in a manner 
        that ensures transparency with the governments served by such 
        personnel;
            ``(5) provide advanced planning tools, concepts of 
        operations (including alarm resolution protocols and response 
        guidance), and training exercises (including in collaboration 
        with relevant national level exercises) for collective response 
        to and recovery from biological attacks; and
            ``(6) provide technical assistance to jurisdictions hosting 
        the program to improve their ability to respond to a detected 
        pathogen.
    ``(b) Program Requirements.--Under the program required under 
subsection (a), the Secretary shall--
            ``(1) enter into memoranda of agreement or interagency 
        agreements under the Economy Act of 1933 (31 U.S.C. 1535 et 
        seq.) with the Director of the Centers of Disease Control and 
        Prevention and the Administrator of the Environmental 
        Protection Agency, and the heads of other Federal departments 
        and agencies, setting forth roles and responsibilities, 
        including with respect to validating performance and developing 
        testing protocols for participating laboratories and 
        coordination with appropriate State, local, and tribal 
        agencies;
            ``(2) establish criteria for determining whether plans for 
        biological detector capabilities and coverage sufficiently 
        protect the United States population, and make such 
        determinations on an annual basis;
            ``(3) acting through the Under Secretary for Science and 
        Technology, and in consultation with the heads of other 
        relevant departments and agencies, implement a process for 
        establishing assay performance standards and evaluation for 
        equivalency for biological threat assays, that--
                    ``(A) evaluates biological threat detection assays, 
                their protocols for use, and their associated response 
                algorithms for confirmation of biological threat 
                agents, taking performance measures and concepts of 
                operation into consideration;
                    ``(B) develops peer-reviewed assay performance and 
                equivalency standards based on the findings of the 
                evaluation under subparagraph (A);
                    ``(C) requires implementation of the standards 
                developed under subparagraph (B) for all Department 
                biological detection programs;
                    ``(D) makes such standards available and promotes 
                their use to support all other Federal biological 
                detection programs; and
                    ``(E) is updated as necessary; and
            ``(4) prior to acquiring and deploying biodetection 
        technology, require--
                    ``(A) a cost-benefit analysis, including an 
                analysis of alternatives, that shall be informed by the 
                terrorism risk assessments under section 503;
                    ``(B) operational testing and evaluation; and
                    ``(C) operational assessment by the end users of 
                the technology.
    ``(c) Contract Authority.--The Secretary may enter into contracts 
with participating laboratories and programs for--
            ``(1) the provision of laboratory services or other 
        biosurveillance activities as appropriate for purposes of this 
        section on a fee-for-service basis or on a prepayment or other 
        similar basis; and
            ``(2) administrative and other costs related to hosting 
        program personnel and equipment in these laboratories or 
        programs.
    ``(d) Definitions.--In this section:
            ``(1) The term `participating laboratory' means a 
        laboratory that has been accepted as a member of the Laboratory 
        Response Network for Bioterrorism that--
                    ``(A) is fully equipped to detect and respond 
                quickly to acts of biological terrorism;
                    ``(B) provides biocontainment and microbiological 
                analysis in support of the Department and relevant law 
                enforcement agencies with responsibilities for 
                investigating biological incidents; and
                    ``(C) supports threat agent characterization 
                studies and assay evaluation, research and development.
            ``(2) The term `assay' means any scientific test that is 
        designed to detect the presence of a biological threat agent 
        that is of a type selected under criteria established by the 
        Secretary.''.
    (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. 2105. Detection of biological attacks.''.

SEC. 506. RAPID BIOLOGICAL THREAT DETECTION AND IDENTIFICATION AT PORTS 
              OF ENTRY.

    (a) In General.--Title XXI of the Homeland Security Act of 2002, as 
added by section 501 of this Act, is further amended by adding at the 
end the following:

``SEC. 2106. RAPID BIOLOGICAL THREAT DETECTION AND IDENTIFICATION AT 
              PORTS OF ENTRY.

    ``(a) In General.--The Secretary of Homeland Security shall require 
the Under Secretary for Science and Technology, in consultation with 
the heads of other relevant operational components of the Department of 
Homeland Security, to assess whether the development of technological 
screening capabilities for biological agents, pandemic influenza, and 
other infectious diseases should be undertaken by the Science and 
Technology Directorate to support entry and exit screening at ports of 
entry and for other homeland security purposes.
    ``(b) Development of Methods.--If the Under Secretary determines 
that the development of such screening capabilities should be 
undertaken, the Secretary shall, to the extent possible, initiate 
development of safe and effective methods to--
            ``(1) rapidly screen incoming persons at ports of entry for 
        biological agents, pandemic influenza, and other infectious 
        diseases; and
            ``(2) obtain results of such screening near the point of 
        entry.''.

SEC. 507. COMMUNICATIONS PLANNING.

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

``SEC. 527. COMMUNICATIONS PLANNING.

    ``(a) Communications Plan.--
            ``(1) In general.--The Administrator shall develop a 
        communications plan designed to provide information to the 
        public related to preventing, protecting against, responding 
        to, and recovering from chemical, biological, radiological, and 
        nuclear attacks.
            ``(2) Pre-scripted messages and message templates.--
                    ``(A) In general.--The Administrator shall develop 
                and disseminate, through the Federal Emergency 
                Management Agency, a public alerts and warnings system, 
                and prescripted messages and message templates to be 
                provided to State, local, and tribal authorities so 
                that those authorities can quickly and rapidly 
                disseminate critical information to the public in 
                anticipation of, during, or in the immediate aftermath 
                of a chemical, biological, radiological, or nuclear 
                attack, and to be included in the Department of 
                Homeland Security's lessons learned information sharing 
                system.
                    ``(B) Development and design.--The pre-scripted 
                messages or message templates shall--
                            ``(i) be developed in consultation with 
                        State, local, and tribal authorities and in 
                        coordination with other appropriate Federal 
                        departments and agencies;
                            ``(ii) be designed to provide accurate, 
                        essential, and appropriate information and 
                        instructions to the population directly 
                        affected by an incident, including information 
                        regarding an evacuation, sheltering in place, 
                        hospital surge operations, health, and safety;
                            ``(iii) be designed to provide accurate, 
                        essential, and appropriate information and 
                        instructions to emergency response providers 
                        and medical personnel responding to an 
                        incident; and
                            ``(iv) include direction for the 
                        coordination of Federal, State, local, and 
                        tribal communications teams.
                    ``(C) Communications formats.--The Administrator 
                shall develop pre-scripted messages or message 
                templates under this paragraph in multiple formats to 
                ensure delivery--
                            ``(i) in cases where the usual 
                        communications infrastructure is unusable; and
                            ``(ii) to individuals with disabilities or 
                        other special needs and individuals with 
                        limited English proficiency.
                    ``(D) Dissemination and technical assistance.--The 
                Administrator shall ensure that all pre-scripted 
                messages and message templates developed under this 
                paragraph are made available to State, local, and 
                tribal authorities so that those authorities may 
                incorporate them, as appropriate, into their emergency 
                plans. The Administrator shall also make available 
                relevant technical assistance to those authorities to 
                support communications planning.
                    ``(E) Exercises.--To ensure that the pre-scripted 
                messages or message templates developed under this 
                paragraph can be effectively utilized in a disaster or 
                incident, the Administrator shall incorporate Federal, 
                State, local, and tribal communications teams that 
                deliver such pre-scripted messages or message templates 
                into exercises, including those conducted under the 
                National Exercise Program.
    ``(b) Terrorism Threat Awareness.--
            ``(1) Terrorism threat awareness.--The Secretary, in 
        consultation with the heads of appropriate Federal departments 
        and agencies, shall for purposes of preparedness and collective 
        response to terrorism and for other purposes--
                    ``(A) ensure that homeland security information 
                concerning terrorist threats is provided to State, 
                local, and tribal authorities and the public within the 
                United States, as appropriate; and
                    ``(B) establish a process to optimize opportunities 
                for qualified heads of State, local, and tribal 
                government entities to obtain appropriate security 
                clearances so that they may receive classified threat 
                information when appropriate.
            ``(2) Threat bulletins.--
                    ``(A) In general.--Consistent with the requirements 
                of paragraph (1), the Secretary shall, on a timely 
                basis, prepare unclassified threat bulletins on 
                chemical, biological, radiological, and nuclear 
                threats.
                    ``(B) Requirements.--Each assessment required under 
                subparagraph (A) shall--
                            ``(i) include guidance to the public for 
                        preventing and responding to acts of terrorism 
                        arising from such threats; and
                            ``(ii) be made available on the Internet 
                        Web site of the Department and other publicly 
                        accessible Internet Web sites, communication 
                        systems, and information networks.
            ``(3) Guidance to state, local, and tribal authorities.--
        The Secretary, using information provided by the terrorism risk 
        assessments required under section 2104 and other threat 
        assessments available to the Department--
                    ``(A) shall provide to State, local, and tribal 
                authorities written guidance on communicating 
                terrorism-related threats and risks to the public 
                within their jurisdictions; and
                    ``(B) shall identify the governmental rationale for 
                identifying particular communities as being at 
                heightened risk of exploitation.''.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Administrator shall submit to the 
appropriate congressional committees the communications plans required 
to be developed under the amendments made by subsection (a), including 
pre-scripted messages or message templates developed in conjunction 
with the plans and a description of the means that will be used to 
deliver these messages during such incidents.
    (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. 527. Communications planning.''.

SEC. 508. RESPONSE GUIDELINES CONCERNING WEAPONS OF MASS DESTRUCTION.

    (a) Establishment of Voluntary Guidance.--Not later than one year 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, in consultation with the heads of other relevant Federal 
departments and agencies, shall--
            (1) develop for police, fire, emergency medical services, 
        emergency management, and medical and public health personnel, 
        voluntary guidance for responding to chemical, biological, 
        radiological, or nuclear attacks;
            (2) make such guidance available to State, local, and 
        tribal authorities, educational institutions, nongovernmental 
        organizations, the private sector, and the public; and
            (3) in developing the guidance under paragraph (1)--
                    (A) review the experiences of other countries and 
                the expertise of academic institutions and 
                nongovernmental organizations; and
                    (B) consider the unique needs of children and other 
                vulnerable populations.
    (b) Contents.--The guidance developed under subsection (a)(1) shall 
be voluntary, risk-based guidance that shall include--
            (1) protective action guidance for ensuring the security, 
        health, and safety of emergency response providers and their 
        families and household contacts;
            (2) specific information regarding the effects of the 
        chemical, biological, radiological, or nuclear material on 
        those exposed to the agent; and
            (3) best practices for emergency response providers to 
        effectively diagnose, handle, and otherwise manage individuals 
        affected by an incident involving chemical, biological, 
        radiological, or nuclear material.
    (c) Review and Revision of Guidance.--The Secretary shall--
            (1) review the guidance developed under subsection (a)(1) 
        at least once every 2 years;
            (2) make revisions to the guidance as appropriate; and
            (3) make any revised guidance available to State, local, 
        and tribal authorities, nongovernmental organizations, the 
        private sector, and the public.
    (d) Procedures for Developing and Revising Guidance.--In carrying 
out the requirements of this section, the Secretary shall establish 
procedures to--
            (1) enable members of the first responder and first 
        provider community to submit recommendations of areas in which 
        guidance is needed and could be developed under subsection 
        (a)(1);
            (2) determine which entities should be consulted in 
        developing or revising the guidance;
            (3) prioritize, on a regular basis, guidance that should be 
        developed or revised; and
            (4) develop and disseminate the guidance in accordance with 
        the prioritization under paragraph (3).

SEC. 509. PLUME MODELING.

    (a) In General.--Title XXI of the Homeland Security Act of 2002, as 
added by section 501 of this Act, is further amended by adding at the 
end the following:

``SEC. 2107. PLUME MODELING.

    ``(a) Development.--
            ``(1) In general.--The Secretary shall acquire, use, and 
        disseminate the best available integrated plume models to 
        enable rapid response activities following a chemical, 
        biological, nuclear, or radiological attack or event.
            ``(2) Scope.--The Secretary shall--
                    ``(A) identify Federal, State, and local needs 
                regarding plume models and ensure the rapid development 
                and distribution of integrated plume models that meet 
                those needs to appropriate officials of the Federal 
                Government and State, local, and tribal authorities to 
                enable immediate response to a chemical, biological, or 
                radiological attack or event;
                    ``(B) establish mechanisms for dissemination by 
                appropriate emergency response officials of the 
                integrated plume models described in paragraph (1) to 
                nongovernmental organizations and the public to enable 
                appropriate collective response activities;
                    ``(C) ensure that guidance and training in how to 
                appropriately use such models are provided; and
                    ``(D) ensure that lessons learned from assessing 
                the development and dissemination of integrated plume 
                models during exercises administered by the Department 
                are put into the lessons learned information sharing 
                system maintained by the Department.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Plume model.--The term `plume model' means the 
        assessment of the location and prediction of the spread of 
        agents following a chemical, biological, radiological, or 
        nuclear attack or event.
            ``(2) Integrated plume model.--The term `integrated plume 
        model' means a plume model that integrates protective action 
        guidance and other information as the Secretary determines 
        appropriate.''.
    (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. 2107. Plume modeling.''.

SEC. 510. DISASTER RECOVERY.

    (a) In General.--Title XXI of the Homeland Security Act of 2002, as 
added by section 501 of this Act, is further amended by adding at the 
end the following:

``SEC. 2108. IDENTIFYING AND ADDRESSING GAPS IN RECOVERY CAPABILITIES.

    ``(a) Risk Assessment.--
            ``(1) Tailored risk assessment.--The Secretary, acting 
        through the Under Secretary for Science and Technology, shall 
        conduct tailored risk assessments to inform prioritization of 
        national recovery activities for chemical, biological, 
        radiological, and nuclear incidents, to be updated as 
        necessary.
            ``(2) Considerations.--In conducting the risk assessments 
        under paragraph (1), the Secretary shall--
                    ``(A) consult with the heads of other relevant 
                Federal departments and agencies;
                    ``(B) consider recovery of both indoor areas and 
                outdoor environments; and
                    ``(C) consider relevant studies previously prepared 
                by other Federal agencies, or other appropriate 
                stakeholders.
            ``(3) Collaboration.--Upon completion of the risk 
        assessments required by this section, the Secretary shall 
        provide the findings to the heads of relevant Federal agencies 
        in order to inform ongoing and future work, including research 
        and guidance development, undertaken by those agencies in 
        recovery and remediation from chemical, biological, 
        radiological, or nuclear incidents.
    ``(b) Research.--The results of the risk assessment under this 
section shall inform appropriate Federal research to address the high-
risk capability gaps uncovered by each assessment.

``SEC. 2109. RECOVERY FROM CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 
              NUCLEAR ATTACKS OR INCIDENTS.

    ``(a) Establishment of Guidance.--Within 24 months from the date of 
enactment of this Act, the Secretary, in consultation with the heads of 
other appropriate Federal departments and agencies, shall develop and 
issue guidance for clean-up and restoration of indoor and outdoor 
areas, including subways and other mass transportation facilities, that 
have been exposed to chemical, biological, radiological, or nuclear 
materials.
    ``(b) Contents.--The guidance developed under subsection (a) shall 
clarify Federal roles and responsibilities for assisting State, local, 
and tribal authorities and include risk-based recommendations for--
            ``(1) standards for effective decontamination of affected 
        sites;
            ``(2) standards for safe post-event occupancy of affected 
        sites, including for vulnerable populations such as children 
        and individuals with health concerns;
            ``(3) requirements to ensure that the decontamination 
        procedures for responding organizations do not conflict;
            ``(4) requirements that each responding organization uses a 
        uniform system for tracking costs and performance of clean-up 
        contractors;
            ``(5) maintenance of negative air pressure in buildings;
            ``(6) standards for proper selection and use of personal 
        protective equipment;
            ``(7) air sampling procedures;
            ``(8) development of occupational health and safety plans 
        that are appropriate for the specific risk to responder health; 
        and
            ``(9) waste disposal.
    ``(c) Review and Revision of Guidance.--The Secretary shall--
            ``(1) not less frequently than once every two years, review 
        the guidance developed under subsection (a);
            ``(2) make revisions to the guidance as appropriate; and
            ``(3) make the revised guidance available to the Federal 
        Government, State, local, and tribal authorities, 
        nongovernmental organizations, the private sector, and the 
        public.
    ``(d) Procedures for Developing and Revising Guidance.--In carrying 
out the requirements of this section, the Secretary shall establish 
procedures to--
            ``(1) prioritize issuance of guidance based on the results 
        of the risk assessment conducted pursuant to section 2108;
            ``(2) inventory existing relevant guidance;
            ``(3) enable the public to submit recommendations of areas 
        in which guidance is needed;
            ``(4) determine which entities should be consulted in 
        developing or revising the guidance;
            ``(5) prioritize, on a regular basis, guidance that should 
        be developed or revised; and
            ``(6) develop and disseminate the guidance in accordance 
        with the prioritization under paragraph (5).
    ``(e) Consultations.--The Secretary shall develop and revise the 
guidance developed under subsection (a), and the procedures required 
under subsection (d), in consultation with--
            ``(1) the heads of other Federal departments and agencies, 
        as appropriate;
            ``(2) State, local, and tribal authorities; and
            ``(3) nongovernmental organizations and private industry.

``SEC. 2110. EXERCISES.

    ``To facilitate environmental recovery from a chemical, biological, 
radiological, or nuclear attack or other incident involving chemical, 
biological, radiological, or nuclear materials and to foster collective 
response to terrorism, the Secretary shall develop exercises in 
consultation with State, local, and tribal authorities and other 
appropriate Federal agencies, and, as appropriate, in collaboration 
with national level exercises, including exercises that address, to the 
best knowledge available at the time, analysis, indoor environmental 
cleanup methods, and decontamination standards, including those 
published in the guidance documents required by section 2109.''.
    (b) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to such 
title the following:

``Sec. 2108. Identifying and addressing gaps in recovery capabilities.
``Sec. 2109. Recovery from chemical, biological, radiological, and 
                            nuclear attacks or incidents.
``Sec. 2110. Exercises.''.

                           Subtitle B--Grants

SEC. 521. SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Terrorism preparedness grant programs administered by 
        the Department of Homeland Security since the attacks of 
        September 11, 2001, including the State Homeland Security Grant 
        Program, Urban Area Security Initiative, Transit Security Grant 
        Program, and Port Security Grant Program, have contributed to 
        increased preparedness, resilience, and response capabilities 
        at the State and local levels.
            (2) State and local governments have utilized grant funding 
        to, among other things, conduct planning, training, and 
        exercises, improve information sharing, and enhance 
        communications.
            (3) More than a decade after the terrorist attacks of 
        September 11, 2001, the United States remains the top target of 
        Al Qaeda and its affiliates, and faces increasing threats of 
        domestic radicalization and from lone wolf extremists.
            (4) Continued Federal assistance to States and localities 
        is necessary to maintain the increased preparedness and 
        response capabilities developed over the past decade in order 
        to address this continuing threat.
    (b) Sense of Congress.--It is the sense of Congress that grant 
programs such as the State Homeland Security Grant Program, Urban Area 
Security Initiative, Transit Security Grant Program, and Port Security 
Grant Program, should be funded consistent with their previously 
authorized levels to ensure that States and localities build and 
sustain the necessary capabilities to prevent, prepare for, and respond 
to terrorist attacks or other emergencies.

SEC. 522. USE OF GRANT FUNDS FOR PROJECTS CONDUCTED IN CONJUNCTION WITH 
              A NATIONAL LABORATORY OR RESEARCH FACILITY.

    Section 2008(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
609(a)(2)) is amended by inserting ``training conducted in conjunction 
with a national laboratory or research facility and'' after 
``including''.

SEC. 523. NOTIFICATION OF HOMELAND SECURITY GRANT AWARDS.

    Section 2002 of the Homeland Security Act of 2002 is amended by 
adding at the end the following new subsection:
    ``(d) Notification.--The Administrator of the Federal Emergency 
Management Agency shall report to the Committee on Homeland Security of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate not less than three business days in 
advance of announcing publicly an allocation or award made pursuant to 
section 2003 or 2004.''.

SEC. 524. TRANSPARENCY IN HOMELAND SECURITY GRANT FUNDING.

    Subtitle B of title XX of the Homeland Security Act of 2002 is 
amended by adding at the end the following new section:

``SEC. 2024. TRANSPARENCY IN HOMELAND SECURITY GRANT FUNDING.

    ``(a) In General.--The Assistant Administrator of the Grant 
Programs Directorate, or an official otherwise designated by the 
Administrator, shall serve as the Authorization Liaison Officer within 
the Federal Emergency Management Agency.
    ``(b) Reporting to Congress.--The Authorization Liaison Officer 
shall provide timely information on all grants administered by the 
Federal Emergency Management Agency upon request to the appropriate 
congressional committees.
    ``(c) Semiannual Reporting.--
            ``(1) In general.--The Administrator of the Federal 
        Emergency Management Agency shall submit a written report to 
        the appropriate congressional committees, on not less than a 
        semiannual basis, that provides 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.
            ``(2) Scope of reports.--The Authorization Liaison Officer 
        shall ensure, to the greatest extent practicable, that each 
        report under this subsection includes 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--
                    ``(A) the number and type of projects approved, by 
                grantee;
                    ``(B) the amount of funds awarded for each project;
                    ``(C) the amount of funds available for each 
                project;
                    ``(D) the date on which those funds were made 
                available;
                    ``(E) the amount of funds not yet released by the 
                Department, by project; and
                    ``(F) the reasons funds have not been released, by 
                project.
    ``(d) Measures and Metrics.--
            ``(1) Quarterly provision of information to congress.--The 
        Assistant Administrator of the Grant Programs Directorate shall 
        provide information quarterly to the appropriate congressional 
        committees on its efforts to develop performance measures and 
        metrics for the Homeland Security Grant Program pursuant to 
        section 2023 of the Homeland Security Act of 2002 (6 U.S.C. 
        613), until the development and implementation of such 
        performance measures and metrics.
            ``(2) Biannual briefings.--After the development and 
        implementation of such performance measures and metrics, the 
        Assistant Administrator shall provide biannual briefings to the 
        appropriate congressional committees on the expenditure of 
        grant funds and the Assistant Administrator's findings based on 
        the metrics, including an assessment of the extent which 
        funding under the Homeland Security Grant Program has 
        contributed to building and sustaining State and local 
        preparedness and response capabilities to address terrorism 
        threats and other emergencies.''.

SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is further amended by adding at the end the 
following new section:

``SEC. 528. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.

    ``(a) In General.--The Secretary shall conduct a Metropolitan 
Medical Response System Program, that shall assist State and local 
governments in preparing for and responding to public health and mass 
casualty incidents resulting from acts of terrorism and natural 
disasters.
    ``(b) Financial Assistance.--
            ``(1) Authorization of grants.--
                    ``(A) In general.--The Secretary, through the 
                Administrator, may make grants under this section to 
                State and local governments to assist in preparing for 
                and responding to mass casualty incidents resulting 
                from acts of terrorism and natural disasters.
                    ``(B) Consultation.--In developing guidance for 
                grants authorized under this section, the Administrator 
                shall consult with the Assistant Secretary for Health 
                Affairs of the Department.
            ``(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 (B), 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) 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 2009.
            ``(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 for 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 Chief Medical 
                        Officer of the Department; 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.--From the total amount 
authorized to be appropriated under this Act, $42,000,000 shall be 
authorized for appropriations to carry out the program for each of 
fiscal years 2012 through 2016.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such title the following new item:

``Sec. 528. Metropolitan Medical Response System Program.''.
    (c) Metropolitan Medical Response Program Review.--
            (1) In general.--The Administrator of the Federal Emergency 
        Management Agency, the Assistant Secretary for Health Affairs 
        of the Department, and the National Metropolitan Medical 
        Response System Working Group shall conduct a review of the 
        Metropolitan Medical Response System Program authorized under 
        this section, including an examination of--
                    (A) the extent to which the goals and objectives 
                are being met;
                    (B) the performance metrics that can best help 
                assess whether the Metropolitan Medical Response System 
                Program is succeeding;
                    (C) how the Metropolitan Medical Response System 
                Program can be improved;
                    (D) 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;
                    (E) 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;
                    (F) 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;
                    (G) implications for the Metropolitan Medical 
                Response System Program if it were managed as a 
                contractual agreement; and
                    (H) the resource requirements of the Metropolitan 
                Medical Response System Program.
            (2) Report.--Not later than one year after the date of 
        enactment of this Act, the Administrator and the Assistant 
        Secretary for Health Affairs shall submit to the appropriate 
        congressional committees a report on the results of the review 
        under this section.
            (3) Consultation.--The Administrator of the Federal 
        Emergency Management Agency shall consult with the heads of 
        other relevant departments and agencies in the implementation 
        of subsection (a)(5).
            (4) Definition.--In this subsection the term ``National 
        Metropolitan Medical Response System Working Group'' has the 
        meaning that term has in section 528 of the Homeland Security 
        Act of 2002, as added by subsection (a) of this section.
    (d) Conforming Amendment.--Section 635 of the Post-Katrina 
Management Reform Act of 2006 (6 U.S.C. 723) is repealed.

SEC. 526. TRANSIT SECURITY GRANT PROGRAM.

    (a) Security Assistance Program.--Section 1406(a) of the 
Implementing Recommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1135(a)) is amended--
            (1) in paragraph (1) by inserting ``and law enforcement'' 
        after ``public transportation''; and
            (2) by adding at the end the following:
            ``(3) Law enforcement agency eligibility.--A law 
        enforcement agency is eligible for a grant under this section 
        if the agency enters into a memorandum of agreement or other 
        arrangement with a public transportation agency that is 
        eligible for a grant under paragraph (2) to oversee, direct, 
        and command the security operations of that public 
        transportation agency.''.
    (b) Uses of Funds.--Section 1406(b)(1)(J) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
1135(b)(1)(J)) is amended by striking ``evacuation improvements'' and 
inserting ``consequence management investments, including investments 
with respect to evacuation improvements, route designation and signage, 
and public assistance materials''.
    (c) Operational Allowances.--Section 1406(m)(1) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
1135(m)(1)) is amended--
            (1) in subparagraph (D) by striking ``and'' at the end;
            (2) in subparagraph (E)--
                    (A) by striking ``10 percent'' and inserting ``50 
                percent''; and
                    (B) by striking ``subsection (b)(2).'' and 
                inserting ``subsection (b)(2); and''; and
            (3) by adding at the end the following:
                    ``(F) $400,000,000 for fiscal year 2012, except 
                that not more than 50 percent of such funds may be used 
                for operational costs under subsection (b)(2).''.

                       Subtitle C--Communications

SEC. 541. SENSE OF CONGRESS REGARDING 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) More than 10 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 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.
            (4) The earthquake that originated in Virginia on August 
        23, 2011, and affected areas throughout the East Coast jammed 
        commercial communications and data networks, making them 
        incapable of handling the mission critical communications needs 
        of first responders even if provided with priority access.
    (b) Sense of Congress.--It is the sense of Congress that Federal 
resources should be allocated to improve first responder interoperable 
communications and the D Block spectrum should be reallocated for the 
construction of a national interoperable public safety wireless 
broadband network as expeditiously as possible.

SEC. 542. ROLES AND RESPONSIBILITIES WITH RESPECT TO POLICY AND 
              GUIDANCE FOR COMMUNICATIONS-RELATED EXPENDITURES WITH 
              GRANT FUNDS.

    (a) Responsibilities of the Director of the Office of Emergency 
Communications.--Section 1801(c) of the Homeland Security Act of 2002 
(6 U.S.C. 571(c)) is amended by striking ``and'' after the semicolon at 
the end of paragraph (14), striking the period at the end of paragraph 
(15) and inserting ``; and'', and adding at the end the following:
            ``(16) provide guidance on interoperable emergency 
        communications to the Administrator of the Federal Emergency 
        Management Agency in accordance with the memorandum of 
        understanding required under section 1811.''.
    (b) Authorization for Memorandum of Understanding on Emergency 
Communications.--
            (1) In general.--Title XVIII of the Homeland Security Act 
        of 2002 is amended by adding at the end the following new 
        section:

``SEC. 1811. MEMORANDUM OF UNDERSTANDING ON EMERGENCY COMMUNICATIONS.

    ``The Administrator of the Federal Emergency Management Agency 
shall execute a memorandum of understanding with the Director of the 
Office of Emergency Communications delineating the roles and 
responsibilities of each office with respect to policy and guidance for 
communications-related expenditures with grant funds.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end the following:

``Sec. 1811. Memorandum of Understanding on Emergency 
                            Communications.''.

                  Subtitle D--Miscellaneous Provisions

SEC. 561. AUDIT OF THE NATIONAL LEVEL EXERCISE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Inspector General of the Department of 
Homeland Security shall conduct--
            (1) an audit of expenses associated with the 2010 and 2011 
        National Level Exercises, including costs of planning and 
        executing the exercise 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 appropriate congressional 
committees.

SEC. 562. FEMA REPORT TO CONGRESS ON SOURCING AND DISTRIBUTION OF 
              DISASTER RESPONSE GOODS AND SERVICES.

    Not later than 90 days after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall submit 
to the appropriate congressional committees 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.

SEC. 563. RURAL RESILIENCE INITIATIVE.

    (a) In General.--Title XXI of the Homeland Security Act of 2002, as 
added by section 501 of this Act, is further amended by adding at the 
end the following:

``SEC. 2111. RURAL RESILIENCE INITIATIVE.

    ``(a) In General.--The Under Secretary for Science and Technology 
of the Department of Homeland Security shall conduct research intended 
to assist State, local, and tribal leaders and the private sector in 
developing the tools and methods to enhance rural preparation for, and 
response and resilience to, terrorist attacks and other incidents.
    ``(b) Included Activities.--Activities under this section may 
include--
            ``(1) research and implementation through outreach 
        activities with rural communities;
            ``(2) an examination of how communities employ resilience 
        capabilities and response assets;
            ``(3) development and use of a community resilience 
        baseline template for determining the resilience capacity of a 
        rural community;
            ``(4) a plan to address community needs for resilience;
            ``(5) an education program for community leaders and first 
        responders about their resilience capacity and mechanisms for 
        mitigation, including via distance learning; and
            ``(6) a mechanism by which this research can serve as a 
        model for adoption by communities across the Nation.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such title the following:

``Sec. 2111. Rural resilience initiative.''.

SEC. 564. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

    Section 1204 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1102) is amended--
            (1) in subsection (c), by inserting ``(including medical 
        readiness training)'' after ``deliver training'';
            (2) in subsection (d)(1)--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end; and
                    (B) by inserting after subparagraph (D) the 
                following new subparagraph:
                    ``(E) $62,500,000 for fiscal year 2012; and''; and
            (3) in subsection (d)(2)--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(E) $22,000,000 for fiscal year 2012.''.

SEC. 565. TECHNICAL CORRECTION.

    Section 525(a) of the Homeland Security Act of 2002 (6 U.S.C. 
321n(a)) is amended by inserting ``, acting through the 
Administrator,'' after ``Secretary''.

                  TITLE VI--BORDER SECURITY PROVISIONS

SEC. 601. DEFINITIONS.

    In this title:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection of the 
        Department of Homeland Security.
            (2) Major violator.--The term ``major violator'' means a 
        person or entity that is or has engaged in serious criminal 
        activities at any land, air, or sea port of entry, including 
        possession of narcotics, smuggling of prohibited products, 
        human smuggling, weapons possession, use of fraudulent United 
        States documents, and other offenses serious enough to result 
        in arrest.
            (3) Northern border.--The term ``northern border'' means 
        the international border between the United States and Canada.
            (4) Operational control.--The term ``operational control'' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (6) Southern border.--The term ``southern border'' means 
        the international border between the United States and Mexico.

SEC. 602. STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF THE BORDER.

    (a) Strategy To Secure the Border Between the Ports of Entry.--Not 
later than 180 days after the date of the enactment of this Act, the 
Secretary shall submit to the appropriate congressional committees a 
comprehensive strategy for gaining, within five years, operational 
control of the international borders between the ports of entry of the 
United States. The strategy shall include an analysis of the following:
            (1) Staffing requirements for all border security 
        functions.
            (2) Investment in infrastructure, including pedestrian 
        fencing, vehicle barriers, and roads.
            (3) The use of unmanned aerial vehicles, camera technology, 
        sensors, and other innovative technology as the Secretary may 
        determine.
            (4) Cooperative agreements with international, State, 
        local, tribal, and other Federal law enforcement agencies that 
        have jurisdiction on the northern border and southern border.
            (5) Other means designed to detect, respond to, and 
        interdict unlawful cross-border activity and to reduce the 
        level of violence.
            (6) A schedule for implementing security measures, 
        including a prioritization for future investments.
            (7) A comprehensive technology plan for major surveillance 
        and detection technology programs, including a justification 
        and rationale for technology choices and deployment locations.
    (b) Securing the Border at Ports of Entry.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary shall 
develop metrics to measure the effectiveness of security at ports of 
entry, which shall consider, at minimum, the following:
            (1) The number of infractions related to personnel and 
        cargo committed by major violators who are apprehended by U.S. 
        Customs and Border Protection at such ports of entry.
            (2) The estimated number of such infractions committed by 
        major violators who are not so apprehended.
            (3) The required number of U.S. Customs and Border 
        Protection Officers, Agricultural Specialists, and Canine 
        Enforcement Officers necessary to achieve operational control 
        at such ports of entry.
            (4) Infrastructure improvements required to achieve 
        operational control at such ports of entry, including the 
        installation of nonintrusive detection equipment, radiation 
        portal monitors, biometrics, and other sensors and technology 
        that the Secretary determines necessary.
            (5) The deployment of resources based on the overall 
        commercial and passenger traffic, cargo volume, and threat 
        environment at such ports of entry.
    (c) Evaluation by National Laboratory.--The Secretary shall submit 
a request to a Department of Energy national laboratory with 
appropriate expertise in border security to evaluate the suitability 
and statistical validity of the measurement system required under 
subsection (b) for analyzing progress in the interdiction of unlawful 
crossings and contraband at ports of entry.
    (d) Consideration of Alternative Border Security Standards.--If in 
developing the strategic plan required under subsection (a) the 
Secretary determines to measure security between ports of entry by a 
standard other than operational control, the Secretary shall submit a 
request to a Department of Energy national laboratory with appropriate 
expertise in border security to evaluate the suitability and 
statistical validity of the measurement system required under 
subsection (b) for analyzing progress in the interdiction of unlawful 
crossings and contraband at ports of entry.
    (e) Reports.--Not later than 90 days after the date of the 
enactment of this Act and annually thereafter, the Secretary shall 
submit to the appropriate congressional committees a report on the 
following:
            (1) A resource allocation model for current and future year 
        staffing requirements that includes optimal staffing levels at 
        all land, air, and sea ports of entry and an explanation of 
        U.S. Customs and Border Protection methodology for aligning 
        staffing levels and workload to threats and vulnerabilities 
        across all mission areas.
            (2) Detailed information on the level of manpower data 
        available at all land, air, and sea ports of entry, including 
        the number of canine and agricultural officers assigned to each 
        such port of entry.

SEC. 603. MAINTAINING BORDER PATROL STAFFING.

    (a) In General.--Subject to the availability of appropriations, for 
each of fiscal years 2012 and 2013, the Secretary shall maintain a 
force of not fewer than 21,300 Border Patrol agents and sufficient 
support staff for such agents, including mechanics, administrative 
support, and surveillance personnel.
    (b) Northern Border.--Of the Border Patrol agents referred to in 
subsection (a), not fewer than 2,200 of such agents shall be assigned 
to the northern border.

SEC. 604. JAIME ZAPATA BORDER ENFORCEMENT SECURITY TASK FORCE.

    (a) Establishment.--There is established in United States 
Immigration and Customs Enforcement (ICE) a program known as a Border 
Enforcement Security Task Force (referred to as ``BEST'').
    (b) Purpose.--The purpose of the BEST program is to establish units 
to enhance border security by addressing and reducing border security 
threats and violence by--
            (1) facilitating collaboration among Federal, State, local, 
        tribal, and foreign law enforcement agencies to execute 
        coordinated activities in furtherance of border security, and 
        homeland security; and
            (2) enhancing information-sharing, including the 
        dissemination of homeland security information among such 
        agencies.
    (c) Composition and Designation.--
            (1) Composition.--BEST units may be comprised of personnel 
        from--
                    (A) United States Immigration and Customs 
                Enforcement;
                    (B) United States Customs and Border Protection;
                    (C) the Coast Guard;
                    (D) other Federal agencies, as appropriate;
                    (E) appropriate State law enforcement agencies;
                    (F) foreign law enforcement agencies, as 
                appropriate;
                    (G) local law enforcement agencies from affected 
                border cities and communities; and
                    (H) appropriate tribal law enforcement agencies.
            (2) Designation.--The Secretary is authorized to establish 
        BEST units in jurisdictions where such units can contribute to 
        the BEST program's missions. Prior to establishing a BEST unit, 
        the Assistant Secretary shall consider the following factors:
                    (A) Whether the area where the BEST unit would be 
                established is significantly impacted by cross-border 
                threats.
                    (B) The availability of Federal, State, local, 
                tribal, and foreign law enforcement resources to 
                participate in the BEST unit.
                    (C) The extent to which border security threats are 
                having a significant harmful impact in the jurisdiction 
                in which the BEST unit is to be established, and other 
                jurisdictions of the country.
                    (D) Whether or not an Integrated Border Enforcement 
                Team already exists in the area where the BEST unit 
                would be established.
    (d) Operation.--After making a designation under subsection (d)(2), 
and in order to provide Federal assistance to the area so designated, 
the Secretary may--
            (1) obligate such sums as are appropriated for the BEST 
        program;
            (2) direct the assignment of Federal personnel to the BEST 
        program, subject to the approval of the head of the department 
        or agency that employs such personnel; and
            (3) take other actions to assist State, local, tribal, and 
        foreign jurisdictions to participate in the BEST program.
    (e) Report.--Not later than 180 days after the date of the 
establishment of the BEST program under subsection (b) and annually 
thereafter, the Secretary shall submit to Congress a report on the 
effectiveness of the BEST program in enhancing border security and 
reducing the drug trafficking, arms smuggling, illegal alien 
trafficking and smuggling, violence, and kidnapping along and across 
the international borders of the United States as measured by crime 
statistics, including violent deaths, incidents of violence, and drug-
related arrests.

SEC. 605. COST-EFFECTIVE TRAINING FOR BORDER PATROL AGENTS.

    (a) Government Accountability Office Review.--Not later than 90 
days after the date of the enactment of this Act, the Comptroller 
General of the United States shall conduct a review of the basic 
training provided by United States Customs and Border Protection to 
Border Patrol agents to ensure that such training is being conducted as 
efficiently and cost-effectively as possible.
    (b) Contents of Review.--The review shall include the following:
            (1) An evaluation of the appropriateness of the length and 
        content of the basic training curriculum provided by the 
        Federal Law Enforcement Training Center to new Border Patrol 
        agents.
            (2) An evaluation of the appropriateness and a detailed 
        breakdown of the costs incurred by United States Customs and 
        Border Protection and the Federal Law Enforcement Training 
        Center to train one new Border Patrol agent.
            (3) A cost and effectiveness of training comparison with 
        other similar law enforcement training programs provided by 
        State and local agencies, non-profit organizations, 
        universities, and the private sector.
            (4) Recommendations to increase the number of Border Patrol 
        agents trained per year, and to reduce the per-agent costs of 
        basic training--
                    (A) through utilization of comparable training 
                programs sponsored by State and local agencies, non-
                profit organizations, universities, and the private 
                sector;
                    (B) by allowing Border Patrol agents to take 
                proficiency tests, enroll in long distance learning 
                programs, and waive such courses as Spanish language 
                instruction or physical fitness; or
                    (C) by any other means the Comptroller General 
                considers appropriate.

SEC. 606. BORDER SECURITY ON CERTAIN FEDERAL LANDS.

    (a) Support for Border Security.--
            (1) In general.--Notwithstanding any other provision of 
        law, U.S. Customs and Border Protection shall have access to 
        Federal lands for security activities, including--
                    (A) routine motorized patrols; and
                    (B) the deployment of temporary tactical 
                infrastructure.
            (2) Operation.--The security activities described in 
        paragraph (1) shall be conducted, to the maximum extent 
        practicable, in a manner that the Secretary determines will 
        best protect the natural and cultural resources on Federal 
        lands.
    (b) Limitation Regarding Intermingled Private and State Land.--This 
section shall not apply to any private or State-owned land within the 
boundaries of Federal lands.
    (c) Federal Lands Defined.--In this section, the term ``Federal 
lands'' includes all land, including a component of the National 
Wilderness Preservation System, under the control of any Federal 
department or agency with legal jurisdiction over such land that is 
located within 150 miles of the Southwest border.

SEC. 607. BORDER SECURITY INFRASTRUCTURE AND TECHNOLOGY.

    (a) In General.--The Commissioner, in collaboration with the Under 
Secretary for Science and Technology, shall identify equipment and 
technology described in subsection (b) that would enhance the security 
of the northern and southern borders.
    (b) Equipment and Technology Described.--The equipment and 
technology referred to in subsection (a) shall include equipment and 
technology designed to--
            (1) detect anomalies such as tunnels and breaches in 
        perimeter security;
            (2) detect the use of unauthorized vehicles;
            (3) detect low-flying aircraft;
            (4) employ unmanned vehicles; or
            (5) otherwise strengthen the ability to detect and deter 
        unlawful entries between ports of entry.
    (c) Consultation.--In carrying out this section, the Commissioner 
shall consult with the Assistant Secretary of Defense for Research and 
Engineering to leverage existing research and development of relevant 
equipment and technologies.

SEC. 608. NORTHERN BORDER CANINE TEAMS.

    (a) Deployment of Canines.--Not later than one year after the date 
of the enactment of this Act, the Secretary shall deploy no less than 
one additional canine enforcement team, capable of detecting narcotics, 
at each of the 5 busiest northern ports of entry as determined by 
traffic volume, and at other ports of entry as the Secretary determines 
appropriate.
    (b) Acquisition of Canines.--In acquiring canine assets required 
under subsection (a), the Secretary shall, to the greatest extent 
possible, acquire canines that are bred in the United States.
    (c) Reporting Requirement.--One year after the deployment of 
additional canines under subsection (a), the Secretary shall provide 
information to the appropriate congressional committees analyzing the 
effectiveness of the canine enforcement teams in enhancing operational 
control and reducing the unlawful trafficking of drugs, or for other 
homeland security missions, with comparisons to relevant statistics 
measuring similar activity in prior years.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $1,000,000 to carry out this section.

SEC. 609. UNMANNED VEHICLES PILOT PROGRAM.

    (a) In General.--Not later than six months after the date of the 
enactment of this Act, the Commissioner, in cooperation with the Under 
Secretary of Homeland Security for Science and Technology, shall 
initiate a six-month pilot program to test the use of autonomous 
unmanned vehicles.
    (b) Location.--The pilot program shall, at a minimum, test the 
effectiveness of autonomous unmanned vehicles to patrol--
            (1) the maritime environment along the northern border; and
            (2) the land environment along the southern border.
    (c) Report.--Not later than six months after the date of the 
completion of the pilot program, the Under Secretary of Homeland 
Security for Science and Technology shall submit to the appropriate 
congressional committees a report on the effectiveness and scalability 
of the use of autonomous unmanned vehicles to patrol the locations 
described in subsection (b).
    (d) Use of Available Funding.--The Secretary may use funding 
already appropriated for the Innovative Technology Pilot Program to pay 
for the pilot described in this section.

SEC. 610. REPORT ON UNMANNED AERIAL VEHICLES.

    (a) In General.--Not later than 270 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the appropriate congressional committees a report that 
analyzes and compares the costs and missions of different aviation 
assets, including unmanned aerial vehicles, utilized by U.S. Customs 
and Border Protection and the Coast Guard, to assess the cost 
efficiencies and operational advantages provided by unmanned aerial 
vehicles as compared to manned aerial vehicles.
    (b) Required Data.--The report required under subsection (a) shall 
include a detailed assessment of costs for operating each type of asset 
described in such report, including--
            (1) fuel costs;
            (2) crew and staffing costs;
            (3) maintenance costs;
            (4) communication and satellite bandwidth costs;
            (5) costs associated with the acquisition of each type of 
        such asset; and
            (6) any other relevant costs necessary to provide a 
        holistic analysis and to identify potential cost savings.

SEC. 611. STUDENT VISA SECURITY IMPROVEMENT.

    (a) Enhanced Student Visa Background Checks.--Section 428(e) of the 
Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended by adding at 
the end the following new paragraph:
            ``(9) Student visas.--In administering the program under 
        this subsection, the Secretary, not later than 180 days after 
        the date of the enactment of the Student Visa Security 
        Improvement Act, shall--
                    ``(A) prescribe regulations to require employees 
                assigned under paragraph (1) to review the applications 
                of all applicants recommended by Department of State 
                personnel for visas under subparagraph (F), (J), or (M) 
                of section 101(a)(15) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)), and conduct in-
                person interviews where appropriate, prior to final 
                adjudication, with special emphasis on determining 
                whether applicants are inadmissible under section 
                212(a)(3)(B) of such Act (8 U.S.C. 1182(a)(3)(B)) 
                (relating to terrorist activities);
                    ``(B) ensure that employees assigned under 
                paragraph (1) conduct on-site reviews of any 
                applications and supporting documentation for visas 
                under subparagraph (F), (J), or (M) of section 
                101(a)(15) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)) that they deem appropriate prior to 
                final adjudication; and
                    ``(C) update, in consultation with the Secretary of 
                State, the memorandum of understanding between the 
                Department of Homeland Security and the Department of 
                State regarding implementation of this section to 
                clarify the roles and responsibilities of employees 
                assigned under paragraph (1) specifically with regard 
                to the duties prescribed by this paragraph.''.
    (b) Student and Exchange Visitor Program.--Section 442 of the 
Homeland Security Act of 2002 (6 U.S.C. 252) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraph (5) as paragraph 
                (11); and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) Student and exchange visitor program.--In 
        administering the program under paragraph (4), the Secretary 
        shall, not later than one year after the date of the enactment 
        of the Student Visa Security Improvement Act--
                    ``(A) prescribe regulations to require an 
                institution or exchange visitor program sponsor 
                participating in the Student and Exchange Visitor 
                Program to ensure that each covered student or exchange 
                visitor enrolled at the institution or attending the 
                exchange visitor program--
                            ``(i) is an active participant in the 
                        program for which the covered student or 
                        exchange visitor was issued a visa to enter the 
                        United States;
                            ``(ii) is not unobserved for any period--
                                    ``(I) exceeding 30 days during any 
                                academic term or program in which the 
                                covered student or exchange visitor is 
                                enrolled; or
                                    ``(II) exceeding 60 days during any 
                                period not described in subclause (I); 
                                and
                            ``(iii) is reported to the Department 
                        within 10 days of--
                                    ``(I) transferring to another 
                                institution or program;
                                    ``(II) changing academic majors; or
                                    ``(III) any other changes to 
                                information required to be maintained 
                                in the system described in paragraph 
                                (4);
                    ``(B) notwithstanding subparagraph (A), require 
                each covered student or exchange visitor to be observed 
                at least once every 60 days; and
                    ``(C) prescribe regulations defining what 
                constitutes the commencement of participation of a 
                covered student in a designated exchange visitor 
                program (as defined in section 641(h) of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1372(h))).
            ``(6) Enhanced access.--The Secretary shall provide access 
        to the Student and Exchange Visitor Information System 
        (hereinafter in this subsection referred to as the `SEVIS'), or 
        other equivalent or successor program or system, to appropriate 
        employees of an institution or exchange visitor program sponsor 
        participating in the Student and Exchange Visitor Program if--
                    ``(A) at least two authorized users are identified 
                at each participating institution or exchange visitor 
                sponsor;
                    ``(B) at least one additional authorized user is 
                identified at each such institution or sponsor for 
                every 200 covered students or exchange visitors 
                enrolled at the institution or sponsor; and
                    ``(C) each authorized user is certified by the 
                Secretary as having completed an appropriate training 
                course provided by the Department for the program or 
                system.
            ``(7) Program support.--The Secretary shall provide 
        appropriate technical support options to facilitate use of the 
        program or system described in paragraph (4) by authorized 
        users.
            ``(8) SEVIS data.--The system described in paragraph (4) 
        shall include--
                    ``(A) verification that a covered student's 
                performance meets the minimum academic standards of the 
                institution in which such student is enrolled; and
                    ``(B) timely entry of any information required by 
                paragraph (5) regarding covered students and exchange 
                visitors enrolled at institutions or exchange program 
                sponsors.
            ``(9) Savings clause.--Nothing in this section shall 
        prohibit the Secretary or any institution or exchange program 
        sponsor participating in the Student Exchange Visitor Program 
        from requiring more frequent observations of covered students 
        or exchange visitors.
            ``(10) Decertification.--The Secretary is authorized, 
        without notice, to decertify any approved institution or 
        exchange visitor program sponsor if such institution or 
        exchange visitor program sponsor is engaged in egregious 
        criminal activities or is a threat to national security.''; and
            (2) by adding at the end the following new subsection:
    ``(d) Definitions.--For purposes of this section:
            ``(1) The term `covered student' means a student who is a 
        nonimmigrant pursuant to subparagraph (F), (J), or (M) of 
        section 101(a)(15) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)).
            ``(2) The term `observed' means positively identified by 
        physical or electronic means.
            ``(3) The term `authorized user' means an individual 
        nominated by an institution participating in the Student and 
        Exchange Visitor Program and confirmed by the Secretary as not 
        appearing on any terrorist watch list.''.
    (c) Comptroller General Review.--The Comptroller General shall 
conduct a review of the fees for the Student and Exchange Visitor 
Program of the Department of Homeland Security. The Comptroller General 
shall include in such review data from fiscal years 2007 through 2011 
and shall consider fees collected by the Department and all expenses 
associated with the review, issuance, maintenance, data collection, and 
enforcement functions of the Student and Exchange Visitor Program.

SEC. 612. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS.

    (a) In General.--The Secretary of Homeland Security, in 
coordination with the Secretary of State, may issue Asia-Pacific 
Economic Cooperation Business Travel Cards (in this section referred to 
as ``ABT Cards'') to any eligible person, including--
            (1) business leaders; and
            (2) United States Government officials engaged in Asia-
        Pacific Economic Cooperation (APEC) business.
    (b) Eligibility.--To be eligible for an ABT Card under this 
section, an individual must be approved and in good standing in an 
international trusted traveler program of the Department of Homeland 
Security.
    (c) Integration With Existing Travel Programs.--The Secretary 
shall, to the extent practicable, integrate application procedures for, 
and issuance, suspension, and revocation of, ABT Cards with other 
appropriate international trusted traveler programs conducted by the 
Department.
    (d) Cooperation With Private Entities.--In carrying out this 
section, the Secretary may consult with appropriate private sector 
entities.
    (e) Regulations.--The Secretary may prescribe such regulations as 
may be necessary to implement this section.
    (f) Fees.--
            (1) In general.--The Secretary may charge a fee for the 
        issuance of ABT Cards and any associated costs which shall be 
        set at a level that will ensure recovery of the full costs of 
        providing and administering the ABT Cards.
            (2) Account for collections.--The Secretary may establish a 
        fund for the collection of fees under paragraph (1), which 
        shall be made available to pay the costs incurred to 
        administer.
            (3) Limitation.--The Secretary shall ensure that the total 
        amount of any fee available to be used under paragraph (4) in 
        any fiscal year does not exceed the costs associated with 
        carrying out this section in such fiscal year.
    (g) Termination of Program.--The Secretary, in consultation with 
the Secretary of State, may terminate activities under this section if 
the Secretary deems it in the interest of the United States to do so.

                   TITLE VII--SCIENCE AND TECHNOLOGY

           Subtitle A--Directorate of Science and Technology

SEC. 701. DIRECTORATE OF SCIENCE AND TECHNOLOGY STRATEGIC PLAN.

    (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:

``SEC. 318. STRATEGIC PLAN.

    ``(a) Requirement for Strategy.--The Under Secretary for Science 
and Technology shall develop, and update as necessary, a strategy to 
guide the activities of the Directorate of Science and Technology. The 
strategy shall be risk-based and aligned with other strategic guidance 
provided by--
            ``(1) the National Strategy for Homeland Security;
            ``(2) the Quadrennial Homeland Security Review;
            ``(3) the Capabilities and Requirements Council established 
        under section 709; and
            ``(4) other relevant strategic planning documents, as 
        determined by the Under Secretary.
    ``(b) Contents.--The strategy required by subsection (a) shall be 
prepared in accordance with applicable Federal requirements and 
guidelines, and shall include the following:
            ``(1) Long-term strategic goals, objectives, and metrics of 
        the Directorate.
            ``(2) Analysis of how the research programs of the 
        Directorate support achievement of those strategic goals and 
        objectives.
            ``(3) A description of how the activities and programs of 
        the Directorate meet the requirements or homeland security 
        capability gaps identified by customers within and outside of 
        the Department, including the first responder community.
            ``(4) The role of the Department's risk analysis activities 
        and programs of the Directorate.
            ``(5) A technology transition strategy for the programs of 
        the Directorate.
            ``(6) A description of the policies of the Directorate on 
        the management, organization, and personnel of the Directorate.
    ``(c) Submission of Plan to Congress.--The Secretary shall submit 
to the appropriate congressional committees the strategy developed 
under subsection (a) and any update to the strategy.''.
    (b) Deadline.--The Under Secretary for Science and Technology shall 
develop and submit to the appropriate congressional committees the 
initial strategy required under the amendment made by subsection (a) by 
not later than 1 year after the date of enactment of this Act.
    (c) Clerical Amendment.--The table of contents in section 1(b) is 
amended by adding at the end of the items relating to title III the 
following new item:

``Sec. 318. Strategic plan.''.

SEC. 702. 5-YEAR RESEARCH AND DEVELOPMENT PLAN.

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

``SEC. 319. 5-YEAR RESEARCH AND DEVELOPMENT PLAN.

    ``(a) In General.--The Under Secretary for Science and Technology 
shall develop, and revise at least every 5 years, a 5-year research and 
development plan for the activities of the Directorate of Science and 
Technology.
    ``(b) Contents.--The 5-year research and development plan developed 
under subsection (a) shall--
            ``(1) define the Directorate's research, development, 
        testing, and evaluation activities, priorities, performance 
        metrics, and key milestones and deliverables for the 5-fiscal-
        year period from 2013 through 2017, and for each 5-fiscal-year 
        period thereafter;
            ``(2) link the activities identified in paragraph (1) to 
        the goals and objectives described in the strategic plan 
        developed under section 318, the research requirements 
        established in section 320, and the operational capability 
        needs as determined by the Capabilities and Requirements 
        Council established under section 709;
            ``(3) describe, for each activity of the strategic plan, 
        the planned annual funding levels for the period covered by the 
        plan; and
            ``(4) indicate joint investments with other Federal 
        partners where applicable.
    ``(c) Scope of the Plan.--The Under Secretary shall ensure that 
each plan developed under subsection (a)--
            ``(1) reflects input from a wide range of stakeholders; and
            ``(2) takes into account how research and development by 
        other Federal, State, private sector, and nonprofit 
        institutions contributes to the achievement of the priorities 
        identified in the plan, and avoids unnecessary duplication with 
        these efforts.
    ``(d) Reports.--At the time the President submits each annual 
budget request, the Under Secretary shall provide a report to the 
appropriate congressional committees on the status and results to date 
of implementation of the current 5-year research and development plan, 
including--
            ``(1) a summary of the research and development activities 
        for the previous fiscal year in each topic area;
            ``(2) the annual expenditures in each topic area;
            ``(3) an assessment of progress of the research and 
        development activities based on the performance metrics and 
        milestones set forth in the plan; and
            ``(4) any changes to the plan.''.
    (b) Deadline.--The Under Secretary for Science and Technology shall 
develop and submit to the appropriate congressional committees the 
first 5-year homeland security research and development plan required 
under subsection (a), for fiscal years 2013 through 2017, by not later 
than 1 year after the date of enactment of this Act.
    (c) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 319. 5-year research and development plan.''.

SEC. 703. IDENTIFICATION AND PRIORITIZATION OF RESEARCH AND DEVELOPMENT 
              REQUIREMENTS.

    (a) In General.--Title III (6 U.S.C. 181 et seq.) is further 
amended by adding at the end the following new section:

``SEC. 320. IDENTIFICATION AND PRIORITIZATION OF RESEARCH AND 
              DEVELOPMENT REQUIREMENTS.

    ``(a) In General.--The Under Secretary for Science and Technology 
shall establish and implement a process to identify, prioritize, fund, 
and task the basic and applied homeland security research and 
development activities of the Directorate of Science and Technology.
    ``(b) Process.--The process established under subsection (a) 
shall--
            ``(1) account for Departmentwide priorities as defined by 
        the Capabilities and Requirements Council established under 
        section 709;
            ``(2) be responsive to near-, mid-, and long-term needs, 
        including unanticipated needs to address emerging threats;
            ``(3) utilize gap analysis and risk assessment tools where 
        available and applicable;
            ``(4) include protocols to assess--
                    ``(A) off-the-shelf technology to determine if an 
                identified homeland security capability gap can be 
                addressed through the acquisition process instead of 
                commencing research and development of technology to 
                address that capability gap; and
                    ``(B) research and development activities pursued 
                by other executive agencies, to determine if technology 
                can be leveraged to address an identified homeland 
                security capability gap;
            ``(5) provide for documented and validated research and 
        development requirements;
            ``(6) establish roles and responsibilities for the Under 
        Secretary for Science and Technology, the Under Secretary for 
        Policy, the Under Secretary for Management, and the heads of 
        operational components of the Department;
            ``(7) strengthen first responder participation in 
        identifying and prioritizing homeland security technological 
        gaps, including by--
                    ``(A) soliciting feedback from appropriate national 
                associations and advisory groups representing the first 
                responder community and first responders within the 
                components of the Department; and
                    ``(B) establishing and promoting a publicly 
                accessible portal to allow the first responder 
                community to help the Directorate develop homeland 
                security research and development goals;
            ``(8) institute a mechanism to publicize the Department's 
        funded and unfunded homeland security technology priorities for 
        the purpose of informing the Federal, State, and local 
        governments, first responders, and the private sector;
            ``(9) establish considerations to be used by the 
        Directorate in selecting appropriate research entities, 
        including the national laboratories, federally funded research 
        and development centers, university-based centers, and the 
        private sector, to carry out research and development 
        requirements; and
            ``(10) include any other criteria or measures the Secretary 
        considers necessary for the identification and prioritization 
        of research requirements.''.
    (b) Deadline.--The Under Secretary for Science and Technology shall 
establish and begin implementing the process required by the amendment 
made by subsection (a) by not later than 180 days after the date of 
enactment of this Act.
    (c) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 320. Identification and prioritization of research and 
                            development requirements.''.

SEC. 704. RESEARCH AND DEVELOPMENT PROGRESS.

    (a) In General.--Title III (6 U.S.C. 181 et seq.) is further 
amended by adding at the end the following new section:

``SEC. 321. MONITORING PROGRESS.

    ``(a) In General.--The Under Secretary for Science and Technology 
shall monitor the progress of the research, development, testing, and 
evaluation activities undertaken by the Directorate of Science and 
Technology, and shall provide, at a minimum on a biannual basis, 
regular updates on that progress to relevant customers of those 
activities.
    ``(b) Requirements of Progress Updates.--In order to provide the 
progress updates required under subsection (a), the Under Secretary 
shall develop a system that--
            ``(1) monitors progress toward project milestones 
        identified by the Under Secretary;
            ``(2) maps progress toward deliverables identified in the 
        5-year plan required under section 319;
            ``(3) generates up-to-date reports to customers that 
        transparently disclose the status and progress of research, 
        development, testing, and evaluation efforts of the 
        Directorate;
            ``(4) evaluates the extent to which a technology or service 
        produced as a result of the Directorate's programs has 
        addressed homeland security capability gaps and requirements as 
        determined by the Capabilities and Requirements Council 
        established under section 709; and
            ``(5) allows the Under Secretary to report the number of 
        products and services developed by the Directorate that have 
        been transitioned into acquisition programs and resulted in 
        successfully fielded technologies.
    ``(c) Evaluation Methods.--
            ``(1) External input, consultation, and review.--The Under 
        Secretary shall implement procedures to engage outside experts 
        in assisting in the evaluation of the progress of research and 
        development programs or activities of the Directorate, 
        including through--
                    ``(A) consultation with experts, including 
                scientists and practitioners, to gather independent 
                expert peer opinion and advice on a project or on 
                specific issues or analyses conducted by the 
                Directorate; and
                    ``(B) periodic, independent, external review to 
                assess the quality and relevance of the Directorate's 
                programs and projects.
            ``(2) Customer feedback.--The Under Secretary shall 
        establish a formal process to collect feedback from customers 
        of the Directorate on the performance of the Directorate, that 
        includes--
                    ``(A) appropriate methodologies through which 
                customers can assess the quality and usefulness of 
                technology and services delivered by the Directorate;
                    ``(B) development of metrics for measuring customer 
                satisfaction and the usefulness of any technology or 
                service provided by the Directorate; and
                    ``(C) standards for high-quality customer 
                service.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 321. Monitoring progress.''.

SEC. 705. ACQUISITION AND OPERATIONS SUPPORT.

    (a) Responsibilities and Authorities of the Under Secretary.--
Section 302 (6 U.S.C. 183) is amended by striking ``and'' after the 
semicolon at the end of paragraph (13), by striking the period at the 
end of paragraph (14) and inserting ``; and'', and by adding at the end 
the following new paragraph:
            ``(15) providing science-based, analytic capability and 
        capacity across the Department to--
                    ``(A) support technological assessments of major 
                acquisition programs throughout the acquisition 
                lifecycle;
                    ``(B) help define appropriate technological 
                requirements and perform feasibility analysis;
                    ``(C) assist in evaluating new and emerging 
                technologies against capability gaps;
                    ``(D) support evaluation of alternatives; and
                    ``(E) improve the use of technology 
                Departmentwide.''.
    (b) Technology Readiness Assessment Process.--Section 308 (6 U.S.C. 
188) is amended by adding at the end the following new subsection:
    ``(d) Technology Readiness Assessment Process.--
            ``(1) In general.--The Under Secretary for Science and 
        Technology shall establish a formal, systematic, metrics-based 
        process to comprehensively evaluate technology maturity and 
        reduce technical risks, that includes--
                    ``(A) an independent assessment of the performance, 
                maturity, suitability, and supportability of a 
                technology and associated risks;
                    ``(B) technology readiness evaluations to establish 
                technology readiness levels as a measure of the 
                maturity of the technology; and
                    ``(C) provision of a report containing the findings 
                and conclusions of each assessment conducted under the 
                process provided, to the appropriate customers and 
                personnel of the Department.
            ``(2) Application.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the process shall be applied to--
                            ``(i) technology developed by the 
                        Directorate; and
                            ``(ii) technology being procured or 
                        considered by any component of the Department 
                        as part of a major acquisition program.
                    ``(B) Limitation.--The Under Secretary shall not 
                apply the process to--
                            ``(i) radiological or nuclear detection and 
                        countermeasure technologies developed or 
                        procured by the Department; and
                            ``(ii) procurement of information 
                        technology.''.

SEC. 706. OPERATIONAL TEST AND EVALUATION.

    (a) In General.--Title VII (6 U.S.C. 341 et seq.) is further 
amended by adding at the end of the following new section:

``SEC. 713. OPERATIONAL TEST AND EVALUATION.

    ``(a) Establishment.--There is established within the Department a 
Director of Operational Test and Evaluation.
    ``(b) Responsibilities, Authorities, and Functions.--The Director 
of Operational Test and Evaluation--
            ``(1) shall advise the Secretary, the Under Secretary for 
        Management, the Under Secretary for Science and Technology, and 
        the heads of other relevant components of the Department 
        regarding all activities related to operational test and 
        evaluation in the Department; and
            ``(2) shall--
                    ``(A) prescribe operational test and evaluation 
                policies and procedures for the Department, which shall 
                include policies to ensure that operational testing is 
                done at facilities that already have relevant and 
                appropriate safety and material certifications to the 
                extent such facilities are available;
                    ``(B) ensure the effectiveness, reliability, and 
                suitability of operational testing and evaluation 
                activities planned and conducted by or on behalf of 
                components of the Department in major acquisition 
                programs of the Department;
                    ``(C) review and approve all operational test plans 
                and evaluation procedures for major acquisition 
                programs of the Department;
                    ``(D) provide the Department with independent and 
                objective assessments of the adequacy of operational 
                testing and evaluation activities conducted by or on 
                behalf of the Department for major acquisition programs 
                of the Department; and
                    ``(E) coordinate operational testing conducted 
                jointly by more than one component of the Department.
    ``(c) Access to Information.--The Director of Operational Test and 
Evaluation--
            ``(1) shall have prompt and full access to test and 
        evaluation and acquisition documents, data, and test results of 
        the Department that the Director considers necessary in order 
        to carry out the duties under this section; and
            ``(2) may designate observers to be present during the 
        preparation for and the conducting of any operational test and 
        evaluation within the Department.
    ``(d) Limitation.--The Director is not required to carry out 
operational testing.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to such 
title the following:

``Sec. 713. Operational test and evaluation.''.

SEC. 707. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.

    (a) In General.--Title III (6 U.S.C. 181 et seq.) is further 
amended by adding at the end the following new section:

``SEC. 322. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.

    ``(a) In General.--The Under Secretary for Science and Technology 
may make available to any person, for an appropriate fee, the services 
of any testing facility owned by the Federal Government and operated by 
the Directorate for Science and Technology for the testing of 
materials, equipment, models, computer software, and other items 
designed to advance the homeland security mission.
    ``(b) Interference With Federal Programs.--The Under Secretary 
shall ensure that the testing at such facilities of materials, 
equipment, models, computer software, or other items not owned by the 
Federal Government do not cause personnel or other resources of the 
Federal Government to be diverted from scheduled Federal Government 
tests or otherwise interfere with Federal Government mission 
requirements.
    ``(c) Confidentiality of Test Results.--The results of tests 
performed by a person with services made available under subsection (a) 
and any associated data provided by the person for the conduct of the 
tests--
            ``(1) are trade secrets and commercial or financial 
        information that is privileged or confidential within the 
        meaning of section 552(b)(4) of title 5, United States Code; 
        and
            ``(2) may not be disclosed outside the Federal Government 
        without the consent of the person for which the tests are 
        performed.
    ``(d) Fees.--The fee for using the services of a facility under 
subsection (a) may not exceed the amount necessary to recoup the direct 
and indirect costs involved, such as direct costs of utilities, 
contractor support, and salaries of personnel, that are incurred by the 
Federal Government to provide for the testing.
    ``(e) Use of Fees.--Any fee collected under subsection (a) shall be 
credited to the appropriations or other funds of the Directorate of 
Science and Technology and shall be used to directly support the 
research and development activities of the Department.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 322. Availability of testing facilities and equipment.''.

SEC. 708. BIOFORENSICS CAPABILITIES.

    (a) In General.--Title III (6 U.S.C. 181 et seq.) is further 
amended by adding at the end the following new section:

``SEC. 323. BIOFORENSICS CAPABILITIES.

    ``(a) Bioforensics Analysis Center.--There is authorized in the 
Department a bioforensics analysis center to provide support for law 
enforcement and intelligence-related investigations and actions to--
            ``(1) provide definitive bioforensics analysis in support 
        of the executive agencies with primary responsibilities for 
        preventing, deterring, responding to, attributing, and 
        recovering from biological attacks; and
            ``(2) undertake other related bioforensics activities.
    ``(b) Payment for Services.--The center shall charge and retain 
fees to reimburse the cost of any service provided to an executive 
agency that requested such service.
    ``(c) Detailee Program.--Subject to the availability of 
appropriations, the Secretary may implement a program under which 
executive agencies as considered appropriate by the Secretary provide 
personnel, on a reimburseable basis, to the center for the purpose of--
            ``(1) providing training and other educational benefits for 
        such stakeholders to help them to better understand the 
        policies, procedures, and laws governing national bioforensics 
        activities; and
            ``(2) bolstering the capabilities and information sharing 
        activities of the bioforensics analysis center authorized under 
        subsection (a) with national biosecurity and biodefense 
        stakeholders.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to title III 
the following new item:

``Sec. 323. Bioforensics capabilities.''.

SEC. 709. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

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

``SEC. 324. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.

    ``(a) Establishment.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall establish a fellows 
program, to be known as the Homeland Security Science and Technology 
Fellows Program, under which the Under Secretary shall facilitate the 
temporary placement of scientists in relevant scientific or 
technological fields for up to 2 years in components of the Department 
with a need for scientific and technological expertise.
    ``(b) Utilization of Fellows.--
            ``(1) In general.--Under the Program, the Under Secretary 
        may employ fellows--
                    ``(A) for the use of the Directorate of Science and 
                Technology; or
                    ``(B) for the use of a Department component outside 
                such Directorate, under an agreement with the head of 
                such a component under which the component will 
                reimburse the Directorate for the costs of such 
                employment.
            ``(2) Responsibilities.--Under such an agreement--
                    ``(A) the Under Secretary shall--
                            ``(i) solicit and accept applications from 
                        individuals who are currently enrolled in or 
                        who are graduates of postgraduate programs in 
                        scientific and engineering fields related to 
                        the promotion of securing the homeland, 
                        including--
                                    ``(I) biological, chemical, 
                                physical, behavioral, social, health, 
                                medical, and computational sciences;
                                    ``(II) geosciences;
                                    ``(III) all fields of engineering; 
                                and
                                    ``(IV) such other disciplines as 
                                are determined relevant by the 
                                Secretary;
                            ``(ii) screen applicant candidates and 
                        interview them as appropriate to ensure that 
                        they possess the appropriate level of 
                        scientific and engineering expertise and 
                        qualifications;
                            ``(iii) provide a list of qualified 
                        applicants to the heads of Department 
                        components seeking to utilize qualified 
                        fellows;
                            ``(iv) subject to the availability of 
                        appropriations, pay financial compensation to 
                        such fellows;
                            ``(v) coordinate with the Chief Security 
                        Officer to facilitate and expedite provision of 
                        security clearances to fellows, as appropriate; 
                        and
                            ``(vi) otherwise administer all aspects of 
                        the employment of fellows with the Department; 
                        and
                    ``(B) the head of the component utilizing a fellow 
                shall--
                            ``(i) select the fellow from the list of 
                        qualified applicants provided by the Under 
                        Secretary;
                            ``(ii) reimburse the Under Secretary for 
                        the costs of employing the fellow selected, 
                        including administrative costs; and
                            ``(iii) be responsible for the day-to-day 
                        management of the fellow.
    ``(c) Applications From Nonprofit Organizations.--The Under 
Secretary may accept an application under subsection (b)(2)(A) that is 
submitted by a nonprofit organization on behalf of individuals whom 
such nonprofit organization has determined may be qualified applicants 
under the program.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to title III the following new item:

``Sec. 324. Homeland Security Science and Technology Fellows 
                            Program.''.

SEC. 710. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.

    Section 311 of the Homeland Security Act of 2002 (6 U.S.C. 191) is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Establishment.--There is established within the Directorate 
of Science and Technology a Science and Technology Advisory Committee 
(in this section referred to as the `Advisory Committee'). The Advisory 
Committee shall meet no fewer than 2 times each year and make 
recommendations with respect to the activities of the Under Secretary 
for Science and Technology, including--
            ``(1) identifying research and development areas of 
        potential importance to the security of the Nation; and
            ``(2) providing advice in developing and updating the 
        strategic plan under section 318 and the 5-year homeland 
        security research and development plan under section 319.''; 
        and
            (2) in subsection (j), by striking ``2008'' and inserting 
        ``7 years after the date of enactment of the Department of 
        Homeland Security Authorization Act for Fiscal Year 2012''.

SEC. 711. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

    Section 305 (6 U.S.C. 184) is amended--
            (1) by inserting ``(a) Establishment.--'' before the first 
        sentence; and
            (2) by adding at the end the following new subsections:
    ``(b) Conflicts of Interest.--The Secretary shall review and 
revise, as appropriate, the policies of the Department relating to 
personnel conflicts of interest to ensure that such policies 
specifically address employees of federally funded research and 
development centers established under this section who are in a 
position to make or materially influence research findings or agency 
decisionmaking.
    ``(c) Annual Reports.--Each federally funded research and 
development center established under this section shall transmit to the 
Secretary and appropriate congressional committees an annual report 
describing the activities of the center in support of the 
Department.''.

SEC. 712. CRITERIA FOR DESIGNATION AS A UNIVERSITY-BASED CENTER FOR 
              HOMELAND SECURITY.

    Section 308(b)(2)(B) (6 U.S.C. 188(b)(2)(B)) is amended--
            (1) in the matter preceding clause (i), by striking ``in--
        '' and inserting ``in one or more of the following:'';
            (2) in clause (iii), by inserting before the period at the 
        end the following: ``, including medical readiness training and 
        research, and community resiliency for public health and 
        healthcare critical infrastructure''; and
            (3) in clause (iv), by striking ``and nuclear'' and 
        inserting ``nuclear, and explosive''.

SEC. 713. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT AT THE SCIENCE 
              AND TECHNOLOGY DIRECTORATE.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is further amended by inserting after section 846 (as added by 
section 303(a)) the following:

``SEC. 847. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT AT THE SCIENCE 
              AND TECHNOLOGY DIRECTORATE.

    ``(a) In General.--To the extent necessary to ensure that the 
Department has the personnel required to carry out the mission of the 
Science and Technology Directorate, the Secretary may--
            ``(1) make appointments to scientific or engineering 
        positions within such Directorate that require an advanced 
        degree without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        other than sections 3303 and 3328 of such title; and
            ``(2) fix the pay of any personnel appointed under 
        paragraph (1) 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.
    ``(b) Limitation.--
            ``(1) In general.--Not more than 5 percent of the occupied 
        positions within the Directorate of Science and Technology may 
        at any time consist of positions occupied by personnel 
        appointed under this section.
            ``(2) Counting rule.--For purposes of applying the 
        limitation set forth in paragraph (1), determinations under 
        this subsection shall be made on a full-time equivalent basis.
    ``(c) Termination.--The authority to make appointments under this 
section shall cease to be available after January 1, 2017.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is further amended 
by inserting after the item relating to section 846 (as added by 
section 303(b)) the following:

``Sec. 847. Authority for flexible personnel management at the Science 
                            and Technology Directorate.''.

             Subtitle B--Domestic Nuclear Detection Office

SEC. 721. RADIOLOGICAL AND NUCLEAR DETECTION AND COUNTERMEASURES 
              RESEARCH, DEVELOPMENT, TESTING, AND EVALUATION.

    (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 591 et seq.) is amended by adding at the end the following new 
sections:

``SEC. 1908. RADIOLOGICAL AND NUCLEAR DETECTION AND COUNTERMEASURES 
              RESEARCH, DEVELOPMENT, TESTING, AND EVALUATION.

    ``In carrying out radiological and nuclear research, development, 
testing and evaluation activities required under section 1902, the 
Director for the Domestic Nuclear Detection Office shall--
            ``(1) have authorities and carry out responsibilities 
        consistent with those established under sections 302, 305, 308, 
        309, 320, and 321 for all radiological and nuclear research, 
        development, testing, and evaluation programs of the 
        Department; and
            ``(2) utilize an appropriate iterative combination of 
        physical tests and computer modeling to provide an analytical 
        basis for assessing detector performance of major radiological 
        and nuclear detection acquisition programs of the Department.

``SEC. 1909. AWARENESS OF THE GLOBAL NUCLEAR DETECTION ARCHITECTURE.

    ``(a) In General.--In carrying out the responsibilities under 
paragraphs (3), (5), (8), and (9) of section 1902(a), the Director 
shall maintain awareness of the Global Nuclear Detection Architecture 
(in this section referred to as `GNDA') and its assets, including 
availability of equipment and trained personnel, types of equipment, 
equipment detection events and data, relevant intelligence information, 
and other information as needed.
    ``(b) Data Exchange.--To support the activities under subsection 
(a), the Director and heads of agencies in the GNDA shall ensure that 
widely accepted, consensus-based data exchange standards are applied to 
detection and communications systems incorporated into the GNDA, to the 
extent practicable.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
amended by adding at the end of the items relating to such title the 
following:

``Sec. 1908. Radiological and nuclear detection and countermeasures 
                            research, development, testing, and 
                            evaluation.
``Sec. 1909. Awareness of the Global Nuclear Detection Architecture.''.

SEC. 722. DOMESTIC IMPLEMENTATION OF THE GLOBAL NUCLEAR DETECTION 
              ARCHITECTURE.

    (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 591 et seq.) is further amended by adding at the end the 
following:

``SEC. 1910. DOMESTIC IMPLEMENTATION OF THE GLOBAL NUCLEAR DETECTION 
              ARCHITECTURE.

    ``(a) In General.--In carrying out the responsibilities of the 
office under section 1902(a)(4)(A), the Director shall provide support 
for planning, organization and sustainment, equipment, training, 
exercises, and operational assessments, to State, local, and tribal 
entities to assist in implementing preventive radiological and nuclear 
detection capabilities.
    ``(b) Domestic Interior Programs.--
            ``(1) Securing the cities.--The Director for Domestic 
        Nuclear Detection shall establish and maintain a program to 
        enhance, through State, local, tribal, and private entities, 
        the Nation's ability to detect and prevent a radiological or 
        nuclear attack in high-risk United States cities, as determined 
        by the Secretary.
            ``(2) Surge capabilities.--The Director shall coordinate 
        development of a surge capability for radiological and nuclear 
        detection systems that can be deployed within the United States 
        rapidly in response to intelligence or warnings that includes 
        procurement of appropriate technology, training, exercises, 
        operational assessments, maintenance, and support.
            ``(3) Integration.--The programs under subsections (a) and 
        (b) shall be integrated into the global nuclear detection 
        architecture and inform architecture studies, technology gaps, 
        and research activities of the Domestic Nuclear Detection 
        Office.''.
    (b) Conforming Amendment.--The table of contents in section 1(b) is 
further amended by adding at the end of the items relating to such 
title the following:

``Sec. 1910. Domestic implementation of the global nuclear detection 
                            architecture.''.

SEC. 723. RADIATION PORTAL MONITOR ALTERNATIVES.

    The Director of the Domestic Nuclear Detection Office shall analyze 
and report to the appropriate congressional committees by not later 
than 90 days after the date of enactment of this Act on existing and 
developmental alternatives that could provide an enhanced capability to 
currently deployed radiation portal monitors, the criteria to measure 
the operational effectiveness of those alternatives, and the expected 
timeframe and costs to fully develop and deploy those alternatives.

SEC. 724. CONTRACTING AND GRANTMAKING AUTHORITIES.

    Section 1906 of the Homeland Security Act of 2002 (6 U.S.C. 596) is 
amended by striking ``paragraphs (6) and (7) of''.

SEC. 725. DOMESTIC NUCLEAR DETECTION IMPLEMENTATION PLAN.

    (a) In General.--The Secretary shall develop a 5-year plan of 
investments necessary to implement the Department of Homeland 
Security's responsibilities under the domestic component of the global 
nuclear detection architecture.
    (b) Contents.--The 5-year plan developed under subsection (a) 
shall--
            (1) define the roles and responsibilities of each component 
        of the Department in support of the domestic detection 
        architecture, including any existing or planned programs to 
        prescreen cargo or conveyances overseas;
            (2) identify and describe the specific investments being 
        made or planned by the Department components for the 5-year 
        fiscal period to support the domestic architecture and the 
        security of sea, land, and air pathways into the United States;
            (3) describe the investments necessary to address known 
        vulnerabilities and gaps, including associated costs and 
        timeframes;
            (4) explain how the Department's research and development 
        funding is furthering the implementation of the domestic 
        nuclear detection architecture, including specific investments 
        planned for the 5-year fiscal period; and
            (5) explain the process used to define, analyze, and 
        enhance the future domestic component of the global nuclear 
        detection architecture.
    (c) Deadline.--The Secretary shall submit to the appropriate 
congressional committees the plan required under subsection (a) by not 
later than 180 days after the date of enactment of this Act.

  TITLE VIII--IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR 
                    SUSPICIOUS BEHAVIOR AND RESPONSE

SEC. 801. SHORT TITLE.

    This title may be cited as the ``See Something, Say Something Act 
of 2011''.

SEC. 802. AMENDMENT TO THE HOMELAND SECURITY ACT OF 2002.

    (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 451 et seq.) is further amended by adding at the 
end the following:

``SEC. 890B. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR 
              SUSPICIOUS BEHAVIOR AND RESPONSE.

    ``(a) Immunity for Reports of Suspected Terrorist Activity or 
Suspicious Behavior and Response.--
            ``(1) In general.--Any person who, in good faith and based 
        on objectively reasonable suspicion, makes, or causes to be 
        made, a voluntary report of covered activity to an authorized 
        official shall be immune from civil liability under Federal, 
        State, and local law for such report.
            ``(2) False reports.--Paragraph (1) shall not apply to any 
        report that the person knew to be false or was made with 
        reckless disregard for the truth at the time that the person 
        made that report.
    ``(b) Immunity for Response.--
            ``(1) In general.--Any authorized official who observes, or 
        receives a report of, covered activity and takes reasonable 
        action in good faith to respond to such activity shall have 
        qualified immunity from civil liability for such action, 
        consistent with applicable law in the relevant jurisdiction. An 
        authorized official as defined by section (d)(1)(A) not 
        entitled to assert the defense of qualified immunity shall 
        nonetheless be immune from civil liability under Federal, 
        State, and local law if such authorized official takes 
        reasonable action, in good faith, to respond to the reported 
        activity.
            ``(2) Savings clause.--Nothing in this subsection shall--
                    ``(A) affect the ability of any authorized official 
                to assert any defense, privilege, or immunity that 
                would otherwise be available; and
                    ``(B) be construed as affecting any such defense, 
                privilege, or immunity.
    ``(c) Attorney Fees and Costs.--Any authorized official or other 
person found to be immune from civil liability under this section shall 
be entitled to recover from the plaintiff all reasonable costs and 
attorney fees.
    ``(d) Definitions.--In this section:
            ``(1) Authorized official.--The term `authorized official' 
        means--
                    ``(A) any officer, employee, or agent of the 
                Federal government with responsibility for preventing, 
                protecting against, disrupting, or responding to a 
                `covered activity;' or
                    ``(B) any Federal, State, or local law enforcement 
                officer.
            ``(2) Covered activity.--The term `covered activity' means 
        any suspicious transaction, activity, or occurrence indicating 
        that an individual may be engaging, or preparing to engage, in 
        a violation of law relating to an act of terrorism (as that 
        term is defined in section 3077 of title 18, United States 
        Code).''.
    (b) Amendment to the Table of Contents.--The table of contents for 
the Homeland Security Act of 2002 is further amended by adding at the 
end of the items relating to such subtitle the following:

``Sec. 890B. Immunity for reports of suspected terrorist activity or 
                            suspicious behavior and response.''.

                        TITLE IX--MISCELLANEOUS

SEC. 901. REDESIGNATION AND MOVEMENT OF MISCELLANEOUS PROVISIONS.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is further amended by redesignating subtitle H of title VIII 
(relating to miscellaneous provisions) as title XXIII of such Act, 
transferring such title to appear at the end of the Act, striking 
sections 889 and 890 (consisting of amendments to existing law, which 
have executed), and redesignating the other sections of such title as 
section 2301 through 2320, respectively.
    (b) Conforming Amendments.--Such Act is further amended--
            (1) in section 506(b) (6 U.S.C. 316(b)), by striking 
        ``section 872'' and inserting ``section 2302'';
            (2) in section 508(a) (6 U.S.C. 318(a)), by striking 
        ``section 871'' and inserting ``section 2301'';
            (3) in section 508(d)(1) (6 U.S.C. 318(d)), by striking 
        ``section 871(a)'' and inserting ``section 2301(a)'';
            (4) in section 702(b)(2) (6 U.S.C. 432(b)(2)), by striking 
        ``section 874(b)(2)'' each place it appears and inserting 
        ``section 2304(b)(2)'';
            (5) in section 702(b)(2)(E) (6 U.S.C. 432(b)(2)), by 
        striking ``section 874'' and inserting ``section 2304'';
            (6) in section 702(b)(4)(A) (6 U.S.C. 432(b)(4)(A)), by 
        striking ``section 872(a)'' and inserting ``section 2302(a)'';
            (7) in section 702(b)(4)(B) (6 U.S.C. 432(b)(4)(B)), by 
        striking ``section 872(b)'' and inserting ``section 2302(b)'';
            (8) in section 702(a)(4) (6 U.S.C. 347(a)(4)), by striking 
        ``section 874'' and inserting ``section 2304''; and
            (9) in section 843(b)(1)(B)(i)) (6 U.S.C. 413(b)(1)(B)(i)), 
        by striking ``section 878'' and inserting ``section 2308''.
    (c) Clerical Amendments.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
            (1) by striking the items relating to subtitle H of title 
        VIII; and
            (2) by adding at the end the following new items:

                ``TITLE XXIII--MISCELLANEOUS PROVISIONS

``Sec. 2301. Advisory committees.
``Sec. 2302. Reorganization.
``Sec. 2303. Use of appropriated funds.
``Sec. 2304. Future Year Homeland Security Program.
``Sec. 2305. Miscellaneous authorities.
``Sec. 2306. Military activities.
``Sec. 2307. Regulatory authority and preemption.
``Sec. 2308. Counternarcotics officer.
``Sec. 2309. Office of International Affairs.
``Sec. 2310. Prohibition of the Terrorism Information and Prevention 
                            System.
``Sec. 2311. Review of pay and benefit plans.
``Sec. 2312. Office for National Capital Region Coordination.
``Sec. 2313. Requirement to comply with laws protecting equal 
                            employment opportunity and providing 
                            whistleblower protections.
``Sec. 2314. Federal Law Enforcement Training Center.
``Sec. 2315. Joint Interagency Task Force.
``Sec. 2316. Sense of Congress reaffirming the continued importance and 
                            applicability of the Posse Comitatus Act.
``Sec. 2317. Coordination with the Department of Health and Human 
                            Services under the Public Health Service 
                            Act.
``Sec. 2318. Preserving Coast Guard mission performance.
``Sec. 2319. Treatment of charitable trusts for members of the Armed 
                            Forces of the United States and other 
                            governmental organizations.
``Sec. 2320. Immunity for reports of suspected terrorist activity or 
                            suspicious behavior and response.''.
                                 <all>