IB Union Calendar No. 520 112th CONGRESS 2d Session H. R. 3116 [Report No. 112–717, Part I] 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 December 20, 2012 Reported with an amendment and referred to the Committees on Energy and Commerce, Science, Space, and Technology, and Transportation and Infrastructure, for a period ending not later than December 21, 2012, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of those committees pursuant to clauses 1(f), 1(p) and 1(r) of Rule X, respectively Strike out all after the enacting clause and insert the part printed in italic December 21, 2012 The Committees on Energy and Commerce, Science, Space, and Technology, and Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on October 6, 2011 A BILL To authorize certain programs of the Department of Homeland Security, and for other purposes.

1.

Short title

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

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. Sec. 110. Development of a balanced workforce. Sec. 111. Danger pay allowances for employees of the Department of Homeland Security. Sec. 112. FLETC reporting requirements on counter-violent extremism training. Sec. 113. Future-years homeland security program. Sec. 114. Cost of submissions to Congress. Sec. 115. Protection of name, initials, insignia, and seal. Sec. 116. Office of Policy. Sec. 117. Federal vacancy compliance. Sec. 118. Electronic submissions. Sec. 119. Chief information officer. Sec. 120. Cost savings and efficiency reviews. 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. Sec. 210. Buy American requirement imposed on Department of Homeland Security; exceptions. Sec. 211. Strategic sourcing for marine and aviation assets. Sec. 212. Strategic sourcing for detection and screening technology. Sec. 213. Special emergency procurement authority for domestic emergency operations. Sec. 214. Software licensing. Sec. 215. Financial management. 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. Sec. 304. Support and oversight of fusion centers. Sec. 305. Audit on privacy and civil liberties and update on privacy and civil liberties impact assessments. 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. Sec. 527. Prioritization. Sec. 528. Transportation security grant program study. Sec. 529. Interagency grants working group. 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. Sec. 543. Integrated public alert and warning system modernization. Subtitle D—Broadband for First Responders Sec. 561. Allocation and assignment of public safety licenses. Sec. 562. Standards. Sec. 563. Rule of construction. Sec. 564. Funding. Sec. 565. Public safety interoperable broadband network construction. Sec. 566. Public safety interoperable broadband maintenance and operation. Sec. 567. Audits. Sec. 568. Auction of spectrum to fund the interoperable broadband network construction fund and the operation and maintenance fund. Sec. 569. Extension of auction authority and assurance of open auctions. Sec. 570. Definitions. Subtitle E—Miscellaneous provisions Sec. 581. Audit of the National Level Exercise. Sec. 582. FEMA report to Congress on sourcing and distribution of disaster response goods and services. Sec. 583. Rural resilience initiative. Sec. 584. National Domestic Preparedness Consortium. Sec. 585. Technical correction. Sec. 586. Certification that disaster fund recipients subject to recoupment receive a notice of debt and opportunity to appeal before debt is forwarded to Department of the Treasury. Sec. 587. Conforming amendment. Sec. 588. Delegation of authorities to the regional offices review. Sec. 589. Lessons learned for national level exercises. Sec. 590. System assessment and validation for emergency responders. Sec. 591. National Transportation Security Center of Excellence. Sec. 592. Mental health counseling for disaster victims. Sec. 593. Effectiveness of certain disaster preparation. 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. Prohibition on impeding certain activities of U.S. Customs and Border Protection related to border security. 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. Sec. 613. Border crossing documentation. Sec. 614. Internal review of adequacy of U.S. Customs and Border Protection in busiest international airports. Sec. 615. Port security grant program. Sec. 616. Port security grant funding for mandated security personnel. Sec. 617. Securing the TWIC against use by unauthorized aliens. Sec. 618. Small vessel threat analysis. Sec. 619. Customs and Border Protection professionalism and transparency. Sec. 620. Sense of Congress regarding deployment of additional UAV. Sec. 621. Report on status of unobligated balances in U.S. Customs and Border Protection Customs User Fee Account. Sec. 622. Outbound inspections. Sec. 623. Deporting criminal aliens. Sec. 624. Establishment of Immigration and Customs Enforcement. Sec. 625. Report on drug cartels. Sec. 626. Increase in unmanned aerial vehicles. Sec. 627. Border Area Security Initiative. Sec. 628. Foreign terrorist organizations. Sec. 629. Border Condition Index. Sec. 630. Sense of Congress. Sec. 631. Issuance of visas at designated diplomatic and consular posts. Sec. 632. Private-public partnership for land port of entry project. Sec. 633. Report to Congress on Immigration Advisory Program. Sec. 634. Coast Guard deployable special forces assets. Sec. 635. Implementation of US-VISIT biometric exit. Sec. 636. Coordination with the Transportation Security Administration on Risk-Based Screening of Aviation Passengers. Sec. 637. Enhanced customer service standards and professionalism training. 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. Sec. 714. Independent testing and evaluation of homeland security detection technologies. Sec. 715. Northern border unmanned aerial vehicle pilot project. 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. Sec. 726. Science and technology fellows program outreach. Sec. 727. Buy American requirement for information technology. Sec. 728. University-based centers. Sec. 729. Review of university-based centers. 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. 902. Guidance to and coordination with local educational and school districts. Sec. 903. Federal law enforcement training opportunities for local law enforcement personnel with responsibilities for securing ports. Sec. 904. Security gaps at drinking water and wastewater treatment facilities. Sec. 905. Guidance and coordination for outreach to people with disabilities during emergencies. Sec. 906. TWIC process reform. Sec. 907. Report on progress toward conducting security vulnerability assessments at airports in the United States. Sec. 908. Regulation of the sale and transfer of ammonium nitrate. Sec. 909. Sense of Congress on inclusion of the Western Hemisphere in the 2012 National Strategy for Counterterrorism’s Area of Focus.

3.

Definitions

In this Act: (1)

Appropriate congressional committees

The term appropriate congressional committees 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.

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.).

. (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. .

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.

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:

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 the 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. .

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:

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)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; (2)advise, inform, and assist the Secretary, in consultation with overseas Department personnel, on strategies, foreign policy matters, and Department international programs; (3)develop, in consultation with the Under Secretary for Management, for selecting, assigning, training, and monitoring overseas deployments of Department personnel, including minimum standards for predeployment training; (4)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 and monitor the ability of Department’s components to comply with implementation; (5)develop and distribute guidance on Department policy priorities for overseas functions to personnel deployed overseas that, at a minimum, sets forth the regional and national priorities being advanced by their deployment; (6)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; (7)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 to ensure that Department personnel deployed abroad have proper resources and receive adequate and timely support; (8)conduct 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; (9)ensure that internationally deployed Department personnel have access to, as appropriate for the requirements of their duties, Department systems with the capability of sending and receiving cables or other messages; and (10)submit information to the Under Secretary of Policy for oversight and purposes, including preparation of the quadrennial homeland security review, on the status of overseas activities, including training and technical assistance and information exchange activities, and the Department’s resources dedicated to these activities. (c)

Responsibilities of the components of the department

(1)

Notice of foreign negotiations

All components of the Department shall coordinate with the Office of International Affairs of the intent of the component to pursue negotiations with foreign governments to ensure consistency with the Department’s policy priorities. (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.

.

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 .

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. (d)

Submittal of Notification to Congress

No reorganization, realignment, consolidation, or other significant organizational change to a component, directorate, or agency of the Department, may take effect before the appropriate congressional committees receive information from the Secretary to support the determination that such reorganization, realignment, consolidation, or other significant organizational change will enhance the component, directorate, or office’s efficiency, operational capabilities, or capacity, balance the numbers of Federal workers in accordance with the balanced workforce strategy, and result in administrative cost saving. .

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.

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. .

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.

110.

Development of a balanced workforce

(a)

Component strategies

Each component of the Department shall coordinate with the Chief Human Capital Officer of the Department to develop its own 5-year workforce strategy that will support the Department’s goals, objectives, and performance measures for determining the proper balance of Federal employees and private labor resources. (b)

Strategy requirements

The Chief Human Capital Officer shall ensure that in the development of the strategy required by subsection (a) for a component the head of the component reports to the Chief Human Capital Officer on the human resources considerations associated with creating additional Federal full-time equivalent positions, converting private contractors to Federal employees, or relying on the private sector for goods and services, including— (1)hiring projections, including occupation and grade level, as well as corresponding salaries, benefits, and hiring or retention bonuses; (2)the identification of critical skills requirements over the 5-year period, any current or anticipated deficiency in critical skills required at the Department, and the training or other measures required to address those deficiencies in skills; (3)recruitment of qualified candidates and retention of qualified employees; (4)supervisory and management requirements; (5)travel and related personnel support costs; (6)the anticipated cost and impact on mission performance associated with replacing Federal personnel due to their retirement or other attrition; and (7)other appropriate factors. (c)

Annual submission

The Department shall provide to the appropriate congressional committees, together with submission of the annual budget justification, information on the progress within the Department of fulfilling the workforce strategies required under subsection (a).

111.

Danger pay allowances for employees of the Department of Homeland Security

Section 151 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246; 5 U.S.C. 5928 note) is amended by striking Drug Enforcement Administration or Federal Bureau of Investigations and inserting Drug Enforcement Administration, Federal Bureau of Investigation, or the Department of Homeland Security.

112.

FLETC reporting requirements on counter-violent extremism training

Prior to offering or implementing any program, including any pilot program, intended to provide training on increasing awareness relating to and countering violent Islamist extremism, the Director of the Federal Law Enforcement Training Center (FLETC) shall submit to the appropriate congressional committees the following: (1)The classified case study information that the Department provided to the National Consortium for the Study of Terrorism and Responses to Terrorism regarding the radicalization process for the goal of violent extremism. (2)A detailed description of the training that FLETC intends to implement as part of the program, including all training materials that are being distributed as part of the program. (3)An identification of the executive agency or agencies that participated in the development of the training. (4)A description of what qualifications will be required for instructors to provide the training, including— (A)whether the instructor has counterterrorism or intelligence experience; and (B)the degree of the instructor’s knowledge and expertise on Al Qaeda and radicalization. (5)An estimate of the amount of funds the Department will expend for any such program, including a plan for such expenditures and specification of the existing programs from which the funds will be drawn.

113.

Future-years homeland security program

(a)

In general

Section 874 of the Homeland Security Act of 2002 (6 U.S.C. 454) is amended to read as follows:

874.

Future-years homeland security program

(a)

In general

Not later than the 30 days following the date of each fiscal year on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the appropriate congressional committees a future-years homeland security program that provides detailed estimates of the projected expenditures and corresponding requests for appropriations included in that budget. The future-years homeland security program shall cover the fiscal year for which the budget is submitted as well as the four succeeding fiscal years. (b)

Consistency of budget request with estimates of necessary expenditures and appropriations

For each fiscal year, the Secretary shall endeavor to ensure that the projected amounts specified in program and budget information submitted to Congress in support of the President’s budget request are consistent with the estimates for expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department included in the budget pursuant to section 1105(a) (5) of title 31, United States Code. (c)

Explanation of alignment with strategies and plans

Together with the detailed estimates of the projected expenditures and corresponding requests for appropriations submitted for the future years homeland security program, the Secretary shall provide an explanation of how those estimates and requests align with the homeland security strategies and plans developed and updated as appropriate by the Secretary. (d)

Projection of acquisition estimates

Each futures year homeland security funding program shall project acquisition estimates for a period of 5 fiscal years, with specified estimates for each fiscal year, for all technology acquisitions within the Department and each component therein, including refresh and sustainment expenses, as well as the annual deployment schedule of any acquisition with a total cost over the 5-fiscal-year period estimated to exceed $50,000,000. (e)

Contingency amounts

Nothing in this section shall be construed as prohibiting the inclusion in the future-years homeland security program of amounts for management contingencies, subject to the requirements of subsection (b). (f)

Availability of information to the public

The Secretary shall make available to the public in electronic form the information required to be submitted to Congress under this section, except those portions that are deemed to be classified in nature under the parameters of section 537 of the Department of Homeland Security Appropriations Act, 2006 (6 U.S.C. 114).

. (b)

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. 874. Future-years homeland security program. .

114.

Cost of submissions to Congress

Beginning on the date that is 90 days after the date of the enactment of this Act, the Secretary shall include at the front of each plan, report, strategy, or other written material provided to the appropriate congressional committees pursuant to a congressional mandate, information on the costs and the number of full-time equivalent (FTE) personnel required for complying with the mandate to the greatest extent practical. If the Secretary deems that it is not practical, the Secretary shall instead provide an explanatory statement delineating why the information cannot be provided.

115.

Protection of name, initials, insignia, and seal

(a)

In general

Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is amended by adding at the end the following new subsection: (d)

Protection of name, initials, insignia, and seal

(1)

Protection

Except with the written permission of the Secretary, no person may knowingly use, in connection with any advertisement, commercial activity, audiovisual production (including, but not limited to, film or television production), impersonation, Internet domain name, Internet e-mail address, or Internet web site, merchandise, retail product, or solicitation in a manner reasonably calculated to convey the impression that the Department of Homeland Security or any organizational element of the Department has approved endorsed, or authorized such use, any of the following (or any colorable imitation thereof): (A)the words Department of Homeland Security, the initials DHS, or the insignia seal of the Department; or (B)any DHS visual identities meaning DHS or DHS Component name, initials, seal, insignia, trade or certification marks of DHS or any DHS Component or any combination, variation, or colorable imitation of indicia alone or in combination with other words to convey the impression of affiliation, connection, approval, or endorsement by DHS or any DHS component; or (C)the name, initials, insignia, or seal of any organizational element/component (including any former such element/component) of the Department. (2)

Civil proceedings

Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (d)(1), the Attorney General may initiate a civil proceeding in a district court of the United State to enjoin such at or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such retraining orders or prohibitions, or take such other actions as is warranted, to prevent injury to the United State or to any person or class of persons for whose protection the act is brought. (3)

Definition

For the purpose of this subsection, the term audiovisual production means the production of a work that consists of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or taps, in which the work is embodied. . (b)

Penalties

Section 709 of title 18, United States Code, is amended by inserting after authorized by the Federal Bureau of Investigation; or the following new paragraph: Whoever, except with the written permission of the Secretary of the Department of Homeland Security, knowingly uses the words “Department of Homeland Security,” the initials “DHS,” or any colorable imitation of such words or initials, or the words, initials, seals, or colorable imitations relating to any subcomponents thereof, in connection with any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast telecast, or other production, is approved, endorsed, or authorized by the Department of Homeland Security; or .

116.

Office of Policy

(a)

In general

Title VI of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) is further amended by inserting after section 602 the following:

603.

Office of Policy

(a)

Establishment

There is established in the Department the Office of Policy, to be headed by the Under Secretary for Policy as authorized under the Department of Homeland Security Authorization Act for Fiscal Year 2012. (b)

Functions of the Office of Policy

The Office of Policy shall— (1)develop Department policies, programs, and planning, consistent with the quadrennial homeland security review, to promote and ensure quality, consistency, and integration for the programs, offices, and activities of the Department across all homeland security missions; (2)develop and articulate the long-term strategic view of the Department and translate the Secretary’s strategic priorities into capstone planning products that drive increased operational effectiveness through integration, prioritization, and resource allocation; (3)lead Departmental international engagement and activities; (4)represent the Department position to other Federal Agencies and the President; and (5)coordinate with policy officials in Departmental components to ensure the effective and efficient implementation of policy.

. (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 602 the following: Sec. 603. Office of Policy. .

117.

Federal vacancy compliance

For a position at the Department that is subject to sections 3345 through 3349d of title 5, United States Code (referred to as the Vacancies Reform Act of 1998), the Secretary shall notify the appropriate congressional committees of any position held by an individual on a temporary or acting basis for 210 days. Such notification shall include— (1)the duration of the vacancy as of the date of the notification; (2)information on whether a nomination to fill the vacancy is pending before the Senate and, if so, the status of that nomination within the Senate; and (3)what actions, if any, the Secretary intends to take to bring the Department in compliance with such sections.

118.

Electronic submissions

Beginning on the date that is 90 days after the date of the enactment of this Act, the Secretary shall, to the greatest extent practicable, submit each plan, report, strategy, or other written material provided to the appropriate congressional committees pursuant to a congressional mandate in an electronic format.

119.

Chief information officer

Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended— (1)by redesignating subsection (b) as subsection (c); and (2)by inserting after subsection (a) the following: (b)

Responsibilities

The Chief Information Officer shall— (1)advise and assist the Secretary, heads of the components of the Department, and other senior officers in carrying out the responsibilities of the Department for all activities relating to the programs and operations of the information technology functions of the Department; (2)establish the information technology priorities, policies, processes, standards, guidelines, and procedures of the Department; (3)coordinate and ensure implementation of information technology priorities, policies, processes, standards, guidelines, and procedures within the Department; (4)be responsible for information technology capital planning and investment management in accordance with sections 11312 and 11313 of title 40, United States Code; (5)in coordination with the Chief Procurement Officer of the Department, assume responsibility for information systems acquisition, development, and integration as required by section 11312 of title 40, United States Code; (6)in coordination with the Chief Procurement Officer of the Department, review and approve any information technology acquisition with a total value greater than a threshold level to be determined by the Secretary; (7)in coordination with relevant officials of the Department, ensure that information technology systems meet the standards established under the information sharing environment, as defined in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); (8)perform other responsibilities required under section 3506 of title 44, United States Code, and section 11315 of title 40, United States Code; and (9)perform such other responsibilities as the Secretary may prescribe. .

120.

Cost savings and efficiency reviews

The Secretary, acting through the Under Secretary for Management of the Department, shall submit to the appropriate congressional committees the following: (1)A report that provides a detailed accounting of the management and administrative expenditures and activities of the components of the Department and identifies potential cost savings and efficiencies for those expenditures and activities of each component of the Department. (2)The findings of a study that examines the size, experience level, and geographic distribution of the operational personnel of the Department, including U.S. Customs and Border Protection officers, Border Patrol agents, U.S. Customs and Border Protection Air and Marine agents, U.S. Customs and Border Protection Agriculture Specialists, Federal Protective Service Law Enforcement Security Officers, U.S. Immigration and Customs Enforcement agents, Transportation Security Officers, Federal air marshals, and members of the Coast Guard, and recommendations for adjustments that would reduce deficiencies in the Department’s capabilities, reduce costs, and enhance efficiencies.

. (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.

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:

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. .

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:

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. .

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 further amended by adding at the end the following:

527.

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, including those that cause mass fatalities, 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 the following: Sec. 527. Individual and community preparedness. .

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:

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; (4)prior to obligating funds to acquire biodetection systems for purposes of operational testing and evaluation, require— (A)a determination of the sensitivity and specificity of the currently deployed biodetection system; (B)an assessment of the sensitivity and specificity of the next generation biodetection system or systems under consideration for acquisition and whether it meets established operational requirements; (C)provision of all raw data to the Science and Technology Directorate to enable the Under Secretary to— (i)conduct a trade-off study comparing the results of subparagraphs (A) and (B); and (ii)perform a technical readiness assessment in accordance with section 308(b); and (D)that the findings under subparagraph (C) inform the cost-benefit analysis under paragraph (5)(A) and any acquisition decision made by the Acquisition Review Board under section 708(c) of the biodetection system or systems under consideration; and (5)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; (C)operational assessment by the end users of the technology; and (D)the Department, other relevant executive agencies, and local jurisdictions intended to host the systems to agree on concepts of operations for resolving alarms. (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. .

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:

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.

. (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. 2106. Rapid biological threat detection and identification at ports of entry. .

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:

528.

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. 528. Communications planning. .

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).

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:

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. .

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:

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.

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.

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. .

B

Grants

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.

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.

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. .

524.

Transparency in homeland security grant funding

(a)

In general

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

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.

. (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 subtitle the following new item: Sec. 2024. Transparency in homeland security grant funding. .

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:

529.

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. 529. 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 529 of the Homeland Security Act of 2002, as added by subsection (a) of this section. (c)

Conforming amendment

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

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) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135(b)(1)) is amended— (1)in subparagraph (J), by striking evacuation improvements and inserting consequence management investments, including investments with respect to evacuation improvements, route designation and signage, and public assistance materials; (2)in subparagraph (N), by striking and at the end; (3)by redesignating subparagraph (O) as subparagraph (P); and (4)by inserting after subparagraph (N) the following new subparagraph (O): (O)systems for identity verification for access control, including biometrics; and . (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). .

527.

Prioritization

(a)

Cruise ship passengers and border crossings

Section 2007(a)(1) of the Homeland Security Act of 2002 (6 U.S.C. 608(a)(1)) is amended— (1)in subparagraph (A), by inserting (including cruise ship passengers) after tourist; and (2)by redesignating subparagraphs (H) through (K) as subparagraphs (I) through (L) and inserting after subparagraph (G) the following: (H)the number of border crossings at land, air, and maritime ports of entry; . (b)

Conforming amendment

Section 2003(b)(2)(A)(i) of such Act (6 U.S.C. 604(a)(2)(A)(i)) is amended by striking (H) and (K) and inserting (I) and (L).

528.

Transportation security grant program study

(a)

In general

The Comptroller General of the United States shall conduct a study evaluating the homeland security impacts of transportation security grant program funding levels in States located on the west coast of the United States. In carrying out the study, the Comptroller General shall review— (1)how funding under the grant program has been distributed in correlation to locations near critical infrastructure sectors, eligible metropolitan areas, and high risk urban areas in such States; and (2)the level of coordination in the disbursements of such funds with the risk determinations based on State and local entities. (b)

Report

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study required under this section.

529.

Interagency grants working group

(a)

In general

The Secretary shall, in coordination with relevant Department components and other appropriate Federal departments and agencies, establish an interagency working group to better coordinate Federal preparedness grants. (b)

Membership

The working group shall be chaired by the Secretary and be composed of the Secretary and representatives from the Department of Health and Human Services, Department of Transportation, Department of Justice, and other Federal agencies as determined appropriate by the Secretary. (c)

Responsibilities

The working group shall— (1)meet regularly to coordinate, as appropriate, development of grant guidance, application and award timelines, monitoring, and assessments; (2)seek input from State, local, and tribal officials involved in grant management in order to inform grant processes, allocations, and awards; (3)promote coordinated grant timelines; and (4)ensure all preparedness grant programs employ a common Internet Web portal. (d)

Report

Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate congressional committees a report on the activities of the working group.

C

Communications

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.

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:

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 of the items relating to such title the following: Sec. 1811. Memorandum of understanding on emergency communications. .

543.

Integrated public alert and warning system modernization

(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 of the following new section:

530.

National integrated public alert and warning system modernization

(a)

In general

In order to provide timely and effective warnings and disseminate homeland security and other information, the Secretary shall— (1)establish a national integrated public alert and warning system (in this section referred to as the system) not later than one year after the date of the enactment of this section; and (2)designate an agency within the Department to receive, aggregate, validate, and authenticate homeland security and other information originated by authorized Federal, State, local, and tribal governments to facilitate the transmission of the Personalized Localized Alerting Network. (b)

Implementation requirements

In carrying out subsection (a), the Secretary shall— (1)establish, as appropriate, common alerting and warning protocols, standards of performance, and terminology for the system established under subsection (a)(1) by adopting, where appropriate, mechanisms that integrate various approaches developed by key stakeholders; (2)include in the system the capability to adapt the dissemination of homeland security and other information and the content of communications on the basis of geographic location, risks, or user preferences, as appropriate; (3)include in the system the capability to alert and warn individuals with disabilities and access and functional needs; (4)ensure that the system is incorporated into the training and exercise programs of the Department; and (5)coordinate, to the extent practicable, with other Federal agencies and departments and with State, local, and tribal governments, and other key stakeholders to leverage existing alert and warning capabilities. (c)

System requirements

The Secretary shall ensure that the system— (1)incorporates redundant and diverse modes to disseminate homeland security and other information in warning messages to the public so as to reach the greatest number of individuals; (2)can be adapted to incorporate future technologies; (3)is resilient, secure, and can withstand acts of terrorism and other external attacks; (4)delivers alerts to populations in remote areas; and (5)promotes State, local, tribal, and regional partnerships to enhance coordination. (d)

Report

Not later than one year after the date on which the system established under subsection (a) is fully functional and every six months thereafter, the Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Homeland Security and Governmental Affairs Committee of the Senate on the functionality and performance of the integrated public alert and warning system, including— (1)an assessment of the accomplishments and deficiencies of the system; (2)recommendations for improvements to the system; and (3)information on the feasibility and effectiveness of disseminating homeland security and other information, notices, and alerts prior to and following an incident requiring use of the system.

. (b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such title the following: Sec. 530. National integrated public alert and warning system modernization. . (c)

Limitation on statutory construction

Nothing in this Act (including the amendment made by this Act) shall be construed to affect the authority of the Department of Commerce, the Federal Communications Commission, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (d)

Homeland security grants

Section 2008(a) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)) is amended— (1)in paragraph (12), by striking and at the end; (2)by redesignating paragraph (13) as paragraph (14); and (3)by inserting after paragraph (12) the following new paragraph: (13)improving public alert and warning capabilities; and .

D

Broadband for First Responders

561.

Allocation and assignment of public safety licenses

(a)

Spectrum Allocation

Section 337(a) of the Communications Act of 1934 (47 U.S.C. 337(a)) is amended— (1)in paragraph (1), by striking 24 and inserting 34; and (2)in paragraph (2), by striking 36 and inserting 26. (b)

Assignment

Section 337(b) of the Communications Act of 1934 (47 U.S.C. 337(b)) is amended to read as follows: (b)

Assignment

(1)

In general

Not later than 60 days after the date of enactment of the Department of Homeland Security Authorization Act for Fiscal Year 2012, the Commission shall allocate the paired electromagnetic spectrum bands of 758–763 megahertz and 788–793 megahertz for public safety broadband communications and shall license such paired bands to the public safety broadband licensee. (2)

Establishment of rules

(A)

In general

The Commission shall establish rules to permit the public safety broadband licensee to authorize providers of public safety services to construct and operate a wireless public safety broadband network in the spectrum licensed to the public safety broadband licensee if the public safety broadband licensee determines that such authorization would expedite the deployment of public safety broadband communications. (B)

Network requirements

The Commission shall require that any such wireless public safety broadband network shall— (i)be fully interoperable and remain interoperable with, and in conformance with the same broadband technology standards as, all other public safety broadband systems deployed or authorized; (ii)provide for roaming by local, State, tribal, and Federal governments and other authorized users of the spectrum licensed to the public safety broadband licensee; (iii)provide priority access to public safety agencies; (iv)be built to survive most large-scale disasters; (v)ensure that networks of such systems have the appropriate level of cyber security; (vi)ensure that authorized users have control over all local network uses consistent with rules established by the Commission; and (vii)be consistent with the Statewide Interoperable Communications Plans adopted by each State and the National Emergency Communications Plan, as adopted by the Department of Homeland Security. (C)

Deadlines

(i)

Rules

The Commission shall establish rules under this paragraph not later than 9 months after the date of enactment of the Department of Homeland Security Authorization Act for Fiscal Year 2012. (ii)

Report

(I)

In general

Not later than 60 days after the date of enactment of the Department of Homeland Security Authorization Act for Fiscal Year 2012, the public safety broadband licensee shall submit a report to the appropriate committees of Congress on the phased network deployment plan of such spectrum bands. (II)

Definitions

For purposes of subclause (I), the term appropriate committees of Congress means the Committee on Homeland Security of the House of Representatives and any other committee of the House of Representatives or the Senate having legislative jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned. . (c)

Network-Sharing Agreements

Section 337 of the Communications Act of 1934 (47 U.S.C. 337) is amended— (1)by redesignating subsection (f) as subsection (g); and (2)by inserting after subsection (e) the following: (f)

Rulemaking Required

The Commission shall establish regulations to— (1)authorize the shared use of the public safety broadband spectrum and network infrastructure by entities that are not defined as public safety services in subsection (g)(1), subject to the requirement that public safety services retain priority access to the spectrum, pursuant to procedures adopted by the Commission, so long as the needs of other governmental entities needs are considered before commercial entities; and (2)allow use of the public safety broadband spectrum by emergency response providers, as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). . (d)

Definition

Section 337(g) of the Communications Act of 1934 (as so redesignated) is amended— (1)by redesignating paragraphs (1) and (2) as paragraphs (3) and (4), respectively; and (2)by inserting before paragraph (3), as so redesignated, the following: (1)

Public safety broadband licensee

The term public safety broadband licensee means a licensee as defined by the Commission in its Second Report and Order adopted July 31, 2007 (FCC 07–132), and selected in the Commission’s Order adopted November 19, 2007 (FCC 07–199), by the Commission to be the licensee for spectrum between 763–768 and 793–798 megahertz. (2)

Public safety broadband spectrum

The term public safety broadband spectrum means the electromagnetic spectrum between 758 megahertz and 768 megahertz, inclusive, and 788 megahertz and 798 megahertz, inclusive, and any additional electromagnetic frequencies allocated by the Commission for public safety broadband use. .

562.

Standards

(a)

Interoperability Requirements

To enhance domestic preparedness for and collective response to a catastrophic incident, not later than 180 days after the date of enactment of this Act, the Chairman of the Federal Communications Commission, in coordination with the Secretary and in consultation with the Director of the National Institute of Standards and Technology, the Attorney General, and local, State, tribal, and Federal public safety agencies, shall develop a public safety agency statement of requirements that enables nationwide interoperability and roaming across any communications system using public safety broadband spectrum, as defined in section 337(g) of the Communications Act of 1934. (b)

Specifications

The Secretary, in coordination with the Director of the National Institute of Standards and Technology, shall establish an appropriate standard, or set of standards, for enhancing domestic preparedness for and collective response to a catastrophic incident and meeting the public safety agency statement requirements developed under subsection (a), taking into consideration— (1)the extent to which particular technologies and user equipment are, or are likely to be, available in the commercial marketplace; (2)the availability of necessary technologies and equipment on reasonable and nondiscriminatory licensing terms; (3)the ability to evolve with technological developments in the commercial marketplace; (4)the ability to accommodate prioritization for public safety transmissions; (5)the ability to accommodate appropriate security measures for public safety transmissions; and (6)any other considerations the Federal Communications Commission deems appropriate.

563.

Rule of construction

Nothing in this Act, or the amendments made by this Act, shall be construed to overturn, supersede, or otherwise preempt the Federal Communication Commission’s Order adopted on November 19, 2007 (FCC 07–199), setting forth the roles and responsibilities of the public safety broadband licensee (as such term is defined in section 337(g) of the Communications Act of 1934) and the Federal Communications Commission, except that the following may, by rule or order, be modified by the Commission: (1)Any organization seeking membership to the board of directors of the public safety broadband licensee may be voted in by a simple majority of the then serving members of the board of directors. (2)The board of directors of the public safety broadband licensee shall include the following organizations: (A)International Association of Chiefs of Police. (B)International Association of Fire Chiefs. (C)National Sheriffs’ Association. (D)International Association of Fire Fighters. (E)National Volunteer Fire Council. (F)Fraternal Order of Police. (G)Major Cities Chiefs Association. (H)Metropolitan Fire Chiefs Association. (I)Major County Sheriffs’ Association. (J)Association of Public-Safety Communications Officials, International. (K)National Emergency Management Association. (L)International Association of Emergency Managers. (M)Police Executive Research Forum. (N)National Criminal Justice Association. (O)National Association of Police Organizations. (P)National Organization of Black Law Enforcement Executives. (Q)Association of Air Medical Services. (R)Advocates for Emergency Medical Services. (S)Emergency Nurses Association. (T)National Association of Emergency Medical Services Physicians. (U)National Association of Emergency Medical Technicians. (V)National Association of State Emergency Medical Service Officials. (W)National Emergency Medical Services Management Association. (X)International Municipal Signal Association. (Y)American Probation and Parole Association. (Z)National Governors Association. (AA)National Association of Counties. (BB)National League of Cities. (CC)United States Conference of Mayors. (DD)Council of State Governments. (EE)International City/County Managers Association. (FF)National Conference of State Legislatures. (GG)National Association of Regional Councils. (HH)Utilities Telecom Council. (II)American Association of State Highway Transportation Officials. (JJ)American Hospital Association. (KK)Forestry Conservation Communications Association. (LL)National Association of State 911 Administrators. (MM)National Troopers Coalition. (NN)National Emergency Numbers Association.

564.

Funding

(a)

Establishment of Funds

(1)

Construction fund

(A)

Establishment

There is established in the Treasury of the United States a fund to be known as the Public Safety Interoperable Broadband Network Construction Fund. (B)

Purpose

The Secretary shall establish and administer the grant program under section 565 using the funds deposited in the Construction Fund. (C)

Credit

(i)

Borrowing authority

The Secretary may borrow from the general fund of the Treasury beginning on October 1, 2011, such sums as may be necessary, but not to exceed $2,000,000,000, to implement section 565. (ii)

Reimbursement

The Secretary of the Treasury shall reimburse the general fund of the Treasury, without interest, for any amounts borrowed under clause (i) as funds are deposited into the Construction Fund, but in no case later than December 31, 2014. (2)

Maintenance and operation fund

(A)

Establishment

There is established in the Treasury of the United States a fund to be known as the Public Safety Interoperable Broadband Network Maintenance and Operation Fund. (B)

Purpose

The Secretary shall use the funds deposited in the Maintenance and Operation Fund to carry out section 566 and section 569(c). (b)

Initial Distribution of Auction Proceeds in Funds

Notwithstanding subparagraphs (A) and (D) of section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Secretary of the Treasury shall deposit the proceeds (including deposits and upfront payments from successful bidders) from the auction of the spectrum described in section 568 in the following manner: (1)All proceeds less than or equal to $5,500,000,000 shall be deposited in the Construction Fund and shall be made available to the Secretary without further appropriations. (2)Any proceeds exceeding $5,500,000,000 shall be deposited in the Maintenance and Operation Fund and shall be made available to the Secretary without further appropriations. (c)

Transfer of Funds at Completion of Construction

The Secretary of the Treasury shall transfer to the Maintenance and Operation Fund any funds remaining in the Construction Fund after the date of the completion of the construction phase, as determined by the Secretary. (d)

Transfer of Funds to Treasury

The Secretary of the Treasury shall transfer to the general fund of the Treasury any funds remaining in the Maintenance and Operation Fund after the end of the 10-year period following receipt of notice by the Secretary that construction of the nationwide public safety interoperable broadband network has been completed. (e)

Authorization of Appropriations

(1)

Construction fund

There are authorized to be appropriated to the Secretary for deposit in the Construction Fund in and after fiscal year 2012 an amount not to exceed the amount set forth in paragraph (3). (2)

Maintenance and operation fund

There are authorized to be appropriated to the Secretary for deposit in the Maintenance and Operation Fund in and after fiscal year 2012 an amount not to exceed the amount set forth in paragraph (3). (3)

Limitation

The authorization of appropriations under paragraphs (1) and (2) may not exceed a total of $5,500,000,000.

565.

Public safety interoperable broadband network construction

(a)

Construction Grant Program Establishment

To enhance domestic preparedness for and collective response to a catastrophic incident, the Secretary shall take such action as is necessary to establish a grant program to assist public safety entities to establish a nationwide public safety interoperable broadband network in the 700 megahertz band. (b)

Projects

The projects for which construction grants may be made under this section are the following: (1)Construction of a new public safety interoperable broadband network using public safety infrastructure or commercial infrastructure, or both, in the 700 megahertz band. (2)Improvement of the existing public safety and commercial networks and construction of new infrastructure to meet public safety requirements. (c)

Matching Requirements

(1)

Federal share

The Federal share of the cost of carrying out a project under this section may not exceed 80 percent of the eligible costs of carrying out a project, as determined by the Secretary in consultation with the Chairman of the Federal Communications Commission. (2)

Non-federal share

The non-Federal share of the cost of carrying out a project under this section may be provided through an in-kind contribution. (d)

Requirements

Not later than 6 months after the date of enactment of this Act, the Secretary shall establish grant program requirements including the following: (1)Defining entities that are eligible to receive a grant under this section. (2)Defining eligible costs for purposes of subsection (c)(1). (3)Determining the scope of network infrastructure eligible for grant funding under this section. (4)Conditioning grant funding on compliance with the Federal Communications Commission’s license terms. (5)Ensuring that all grant funds are in compliance with and support the goals of the National Emergency Communications Plan and the Statewide Communication Interoperability Plans for each State and territory. (e)

Technical Assistance

The Secretary shall enhance the Office of Emergency Communications Technical Assistance Program to assist grantees with best practices and guidance in implementing these projects.

566.

Public safety interoperable broadband maintenance and operation

(a)

Maintenance and Operation Reimbursement Program

The Secretary shall administer a program through which not more than 50 percent of maintenance and operational expenses associated with the public safety interoperable broadband network may be reimbursed from the Maintenance and Operation Fund for those expenses that are attributable to the maintenance, operation, and improvement of the public safety interoperable broadband network. (b)

Report

Not later than 7 years after the commencement of the reimbursement program established under subsection (a), the Secretary shall submit to Congress a report on whether to continue to provide funding for the Maintenance and Operation Fund following completion of the period provided for under section 564(d).

567.

Audits

(a)

In General

Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Comptroller General of the United States shall perform an audit of the financial statements, records, and accounts of the— (1)Public Safety Interoperable Broadband Network Construction Fund established under section 564(a)(1); (2)Public Safety Interoperable Broadband Network Maintenance and Operation Fund established under section 564(a)(2); (3)construction grant program established under section 565; and (4)maintenance and operation grant program established under section 566. (b)

GAAP

Each audit required under subsection (a) shall be conducted in accordance with generally accepted accounting procedures. (c)

Report to Congress

A copy of each audit required under subsection (a) shall be submitted to the appropriate committees of Congress.

568.

Auction of spectrum to fund the interoperable broadband network construction fund and the operation and maintenance fund

(a)

Reallocation of spectrum

Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall reallocate for commercial use electromagnetic spectrum at 1755–1780 megahertz. (b)

Auction

Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall establish rules for pairing electromagnetic spectrum bands at 1755–1780 megahertz and 2155–2180 megahertz, inclusive, and auction the licenses for such paired spectrum in accordance with section 309(j) of the Communications Act of 1934.

569.

Extension of auction authority and assurance of open auctions

(a)

Extension of auction authority

Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking 2012 and inserting 2020. (b)

Eligibility

The Federal Communications Commission shall ensure that no bidder is deemed ineligible for or otherwise excluded from an auction specified in this Act, or any other competitive bidding process under section 309(j) of the Communications Act of 1934, on account of its size or the amount of its other spectrum holdings.

570.

Definitions

In this subtitle: (1)The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (2)The term appropriate committees of Congress means the Committee on Homeland Security of the House of Representatives and any other committee of the House of Representatives or the Senate having legislative jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned. (3)The term catastrophic incident has the meaning given such term in section 501(3) of the Homeland Security Act of 2002 (6 U.S.C. 311(3)). (4)The term Construction Fund means the Public Safety Interoperable Broadband Network Construction Fund established under section 564(a)(1). (5)The term Maintenance and Operation Fund means the Public Safety Interoperable Broadband Network Maintenance and Operation Fund established under section 564(a)(2). (6)The term Secretary means the Secretary of Homeland Security unless otherwise indicated.

E

Miscellaneous provisions

581.

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.

582.

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.

583.

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:

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. .

584.

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 (b)(6), by striking the Transportation Technology Center, Incorporated, in Pueblo, Colorado and inserting the Railroad Research Foundation; (2)in subsection (c), by inserting (including medical readiness training) after deliver training; (3)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 (4)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. .

585.

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.

586.

Certification that disaster fund recipients subject to recoupment receive a notice of debt and opportunity to appeal before debt is forwarded to Department of the Treasury

The Administrator of the Federal Emergency Management Agency, or the Administrator’s duly appointed representative, shall certify to the Department of the Treasury that any recipient of disaster funds subject to recoupment received a notice of debt and opportunity to appeal prior to the Federal Emergency Management Agency forwarding the debt to the Department of the Treasury.

587.

Conforming amendment

Section 316 of the Homeland Security Act of 2002 (6 U.S.C. 195b), and the item relating to such section in section 1(b) of such Act, are repealed.

588.

Delegation of authorities to the regional offices review

(a)

In general

The Inspector General of the Department shall audit how all regional offices within the Federal Emergency Management Agency are carrying out delegated authorities pursuant to the Post-Katrina Emergency Management and Reform Act of 2006 and a memorandum executed in July 2009 by the Administrator. (b)

Contents

The audit shall assess, at a minimum, the following: (1)The ability of each regional office to— (A)coordinate, on an ongoing basis, with State, local, and tribal governments, emergency response providers, and other appropriate entities to identify and address regional priorities; (B)foster better regional operable and interoperable emergency communications capabilities; (C)support coordinated and integrated Federal preparedness, protection, response, recovery, and mitigation capabilities to respond to natural disasters, acts of terrorism, and other manmade disasters within that region; (D)identify critical gaps in regional capabilities to respond to populations with special needs; (E)conduct all procurements in a timely and secure manner that prevents waste and fraud and is consistent with Federal Emergency Management Agency procurement policies and programs; (F)engage in employment practices that are consistent with Federal requirements and are transparent, efficient, and ethical; and (G)effectively conduct ongoing oversight of the use of homeland security grants and funding within the region to promote greater preparedness and response capabilities and prevent waste and fraud. (2)The impact of the delegation of authorities on the Administrator’s ability to achieve consistency throughout the regions. (3)The adequacy of oversight by the Administrator of how the regions are executing the delegated authorities and carrying out assigned responsibilities. (4)The impact of the delegation of authorities on the Federal Emergency Management Agency and specific regions to address the recommendations of the Office of Inspector General and the Comptroller General of the United States in a timely manner.

589.

Lessons learned for national level exercises

The Administrator of the Federal Emergency Management Agency shall provide electronically, to the maximum extent practicable, lessons learned reports to each designated representative of participating State, local, and tribal jurisdictions and private sector entities that participate in National Level Exercises of the Department. At the time the Administrator provides such reports to participating jurisdictions, the Administrator shall also provide the reports electronically to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. Each lessons learned report shall be tailored to convey information on that exercise that could be leveraged to enhance preparedness and response.

590.

System assessment and validation for emergency responders

The Under Secretary for Science and Technology of the Department shall establish and maintain a program for system assessment and validation of emergency responder equipment, which shall be known as the SAVER Program. The Under Secretary shall ensure that such program— (1)conducts objective, impartial, practitioner-relevant, and operationally oriented assessments and validations of commercial emergency responder equipment and systems; (2)is supported by a network of technical entities that coordinate emergency responder participation to perform the assessment and validation activities using robust scientific and testing protocols; (3)in coordination with the Administrator of the Federal Emergency Management Agency, identifies emergency responder equipment information needs and prioritizes equipment to be assessed; (4)provides quantitative results along with other relevant equipment information to the emergency response provider community in an operationally useful form; (5)provides information on equipment that falls within the categories listed in the Department’s authorized equipment list; (6)provides information that enables decision-makers and responders to better select, procure, use, and maintain emergency responder equipment; and (7)shares such information nationally with the emergency response provider community at the Federal, State, and local levels.

591.

National Transportation Security Center of Excellence

Section 1205(d) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1103(d)) is amended— (1)in paragraph (3), by striking and at the end; (2)in paragraph (4), by striking the period at the end and inserting a semicolon; and (3)by adding at the end the following new paragraphs: (5)$18,000,000 for fiscal year 2012; (6)$18,000,000 for fiscal year 2013; and (7)$18,000,000 for fiscal year 2014. .

592.

Mental health counseling for disaster victims

The Secretary shall conduct a review on the activities associated with mental health counseling for disaster victims to ensure that policies, procedures, and coordination efforts of the Department are adequate and serve the interests of disaster victims.

593.

Effectiveness of certain disaster preparation

The Comptroller General of the United States shall conduct a study evaluating the effectiveness of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) relating to disaster housing programs and collaboration and coordination between the Federal Emergency Management Agency and the Department of Housing and Urban Development.

; and (4)by 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 2321, 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 707(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-years homeland security program. Sec. 2305. Miscellaneous authorities. Sec. 2306. Military activities. Sec. 2307. Regulatory authority and preemption. Sec. 2308. Office of Counternarcotics Enforcement. 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. Buy American requirement; exceptions. Sec. 2321. Immunity for reports of suspected terrorist activity or suspicious behavior and response. .

902.

Guidance to and coordination with local educational and school districts

To enhance domestic preparedness for and collective response to terrorism, natural disasters, and public health emergencies, the Secretary shall provide guidance to and coordinate with local educational and school districts that are at a high risk of acts of terrorism, natural disasters, or public heath emergencies.

903.

Federal law enforcement training opportunities for local law enforcement personnel with responsibilities for securing ports

The Secretary shall endeavor to make available Federal law enforcement training opportunities, including through the Federal Law Enforcement Training Center, to local law enforcement personnel with responsibilities for securing ports.

904.

Security gaps at drinking water and wastewater treatment facilities

(a)

In general

To enhance domestic preparedness for an act of terrorism, the Secretary shall enter into a memorandum of understanding with the Administrator of the Environmental Protection Agency to establish a plan to address security gaps at drinking water treatment facilities and wastewater treatment facilities. (b)

Contents

The memorandum shall include a plan to provide to operators of such facilities— (1)guidance that is substantially similar to the Chemical Facility Anti-Terrorism Standards Interim Final Rule issued by the Department (6 C.F.R. Part 27), as amended by the appendix to such standards published by the Department (72 Fed. Reg. 65396); and (2)technical assistance to enhance security at such facilities in accordance with such guidance.

905.

Guidance and coordination for outreach to people with disabilities during emergencies

To enhance domestic preparedness for and collective response to terrorism, natural disasters, and public health emergencies, the Secretary shall provide guidance to and coordinate with appropriate individuals, officials, and organizations in implementing plans for outreach to people with disabilities during emergencies.

906.

TWIC process reform

(a)

Sense of Congress

To avoid further imposing unnecessary and costly regulatory burdens on United States workers and businesses, it is the sense of Congress that it is urgent that the Transportation Worker Identification Credential (TWIC) application process be reformed by not later than the end of 2012, when hundreds of thousands of current TWIC holders will begin to face the requirement to renew their TWICs. (b)

TWIC application reform

Not later than 90 days after the date of the enactment of this Act, the Secretary shall reform the process for the enrollment, activation, issuance, and renewal of a TWIC to require, in total, not more than one in-person visit to a designated enrollment center except in cases in which there are extenuating circumstances, as determined by the Secretary, requiring more than one such in-person visit.

907.

Report on progress toward conducting security vulnerability assessments at airports in the United States

(a)

Findings

The Congress finds the following: (1)According to a July 2011 interview with the Government Accountability Office, the Transportation Security Authority (TSA) admitted to not having conducted security vulnerability assessments at 83 percent of airports in the United States. This figure increased from 87 percent in 2009, but shows little progress on the matter and leaves airport perimeters throughout the United States vulnerable to security breaches. (2)TSA identified security vulnerability assessments, along with professional judgment, as TSA’s primary mechanism for assessing airport security vulnerabilities in accordance with National Infrastructure Protection Plan requirements. (3)The Federal Government reports that between 1996 and November 2010, there have been 86 stowaways involving 76 flights, of which 68 were fatal and 18 survived. (4)In November 2011, Delvonte Tisdale stowed away on a commercial jet at the Charlotte-Douglas International Airport in Charlotte, North Carolina, and fell out of the aircraft as it neared Boston’s Logan Airport. To this day, no comprehensive reasoning has been provided as to how Mr. Tisdale was able to stow away in the wheel well of the aircraft. (b)

Report

(1)No later than 180 days after the date of enactment of this Act, the Secretary shall issue a report to Congress and the appropriate congressional committees, detailing TSA’s progress toward conducting security vulnerability assessments at 100 percent of airports in the United States. The report shall detail the reasoning behind why TSA has currently conducted these assessments at only 17 percent of airports nationwide and how it will bring this figure up to 100 percent in the next two years. (2)The report shall include steps taken to increase perimeter security since the incident involving Delvonte Tisdale in November 2010. (3)The report shall include a thorough explanation of the conclusions reached by TSA during the Tisdale investigation.

908.

Regulation of the sale and transfer of ammonium nitrate

Section 899B (6 U.S.C. 488a) is amended— (1)in subsection (a), by inserting of ownership rights after sale and transfer and inserting and transfer of possession to entities that provide application services for ammonium nitrate after ammonium nitrate facility; (2)by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and (3)by inserting after subsection (e) the following new subsection (f): (f)

Exemption for Transportation Providers

The Secretary shall exempt from this subtitle persons engaged in transportation activities covered by chapter 51 or section 114(d) of title 49, United States Code, who, in the determination of the Secretary, do no pose a security threat to homeland security based on existing security programs. .

909.

Sense of Congress on inclusion of the Western Hemisphere in the 2012 National Strategy for Counterterrorism’s Area of Focus

(a)

Findings

Congress finds the following: (1)A 2009 Department of State Country Report on Terrorism found that Hezbollah is the most technically capable terrorist group in the world with thousands of supporters, several thousand members, and a few hundred terrorist operatives. (2)Officials from the Iranian Islamic Revolutionary Guard Corps’ (IRGC) Qods Force have been working in concert with Iran’s chief global terrorist proxy, Lebanese Hezbollah, since the 1990s, and they have developed networks in the Western Hemisphere that encompass more than 80 operatives in at least 12 countries throughout the region. (3)Hezbollah’s chief sponsors, Iran and Syria, have been forging relationships with the governments in Latin America to achieve state cover and effective immunity for their activities, and Hezbollah has established a working relationship with the Revolutionary Armed Forces of Colombia (FARC) in arms and drug trafficking. (4)Hezbollah has demonstrated its ability to cooperate with Mexican drug cartels to utilize smuggling techniques and routes in order to bring drugs and people into the United States. Sophisticated narco-tunneling resembling the types used by Hezbollah in Lebanon have been found along the United States-Mexican border, and arrested Mexican gang members entering the United States with Farsi tattoos also support a Hezbollah influence. (b)

Sense of Congress

It is the sense of Congress there exists a significant cause for concern and for further investigation of potential counterterrorism threats to the United States from Iran’s growing presence and influence in the Western Hemisphere. The Secretary of Homeland Security, in coordination with other related agencies, should include the Western Hemisphere in the 2012 National Strategy for Counterterrorism’s Area of Focus, with specific attention on the counterterrorism threat to the homeland emanating from Iran’s growing presence and influence in the Western Hemisphere.

December 21, 2012 The Committees on Energy and Commerce, Science, Space, and Technology, and Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed