Text: H.R.5590 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (06/24/2010)


111th CONGRESS
2d Session
H. R. 5590


To strengthen measures to protect the United States from terrorist attacks and to authorize appropriations for the Department of Homeland Security for fiscal year 2011, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

June 24, 2010

Mr. King of New York (for himself, Mr. Daniel E. Lungren of California, Mr. Rogers of Alabama, Mr. McCaul, Mr. Dent, Mr. Bilirakis, Mr. Broun of Georgia, Mrs. Miller of Michigan, Mr. Olson, Mr. Cao, and Mr. Austria) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on Armed Services, Rules, the Judiciary, Energy and Commerce, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To strengthen measures to protect the United States from terrorist attacks and to authorize appropriations for the Department of Homeland Security for fiscal year 2011, and for other purposes.

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

SECTION 1. Short title.

(a) Short Title.—This Act may be cited as the “Counterterrorism Enhancement and Department of Homeland Security Authorization Act of 2010”.

(b) Table of Contents.—The table of contents for this Act is as follows:


Sec. 1. Short title.

Sec. 2. Definitions.

Sec. 101. Prohibition on use of Department of Justice funds to prosecute individuals detained at Naval Station, Guantanamo Bay, Cuba, in the United States.

Sec. 102. Presidential certification.

Sec. 103. Provision of classified files.

Sec. 104. Ensuring the collection of critical intelligence.

Sec. 105. Report on the High Value Detainee Interrogation Group.

Sec. 106. Covert agent identity protection.

Sec. 107. Special Interagency Task Force on Detainee Disposition.

Sec. 108. Threat assessment relating to transfer of Guantanamo detainees to the United States or its territories.

Sec. 109. Habeas corpus.

Sec. 110. Violent radicalization and homegrown terrorism prevention.

Sec. 201. Authorization of appropriations.

Sec. 301. Congressional oversight.

Sec. 401. Strategy to achieve control of the border.

Sec. 402. Maintaining border patrol staffing.

Sec. 403. Border technology and infrastructure.

Sec. 404. Unmanned aerial system deployment.

Sec. 405. Border security on public lands.

Sec. 406. Increase in port of entry inspection personnel.

Sec. 407. Maintaining border inspection expertise.

Sec. 408. Conversion of certain overseas limited appointments.

Sec. 409. Civil air patrol study.

Sec. 410. Implementation of US–VISIT.

Sec. 411. Northern border canine teams.

Sec. 412. Visa security program expansion.

Sec. 413. Visa revocation authority.

Sec. 414. Improved student visa screening and foreign student monitoring.

Sec. 501. Increase in full-time immigration and customs enforcement investigators.

Sec. 502. Mandatory detention for aliens apprehended at or between ports of entry.

Sec. 503. Denial of admission to nationals of countries denying or delaying acceptance of aliens.

Sec. 504. Alien transfer and reimbursement authority.

Sec. 511. Authorization of the homeland security functions of the United States Secret Service.

Sec. 512. Report on the United States Secret Service James J. Rowley Training Center.

Sec. 513. Communications interoperability.

Sec. 514. International field offices.

Sec. 601. Short title.

Sec. 602. Definitions.

Sec. 603. Authorities vested in Assistant Secretary.

Sec. 611. Authorization of appropriations.

Sec. 612. Risk-based system for allocation of resources.

Sec. 621. Screening air cargo and checked baggage.

Sec. 622. Prohibition of advance notice of covert testing to security screeners.

Sec. 623. Secure verification system for law enforcement officers.

Sec. 624. Ombudsman for Federal Air Marshal Service.

Sec. 625. Federal flight deck officer program enhancements.

Sec. 626. Federal air marshals.

Sec. 627. Assistant Secretary defined.

Sec. 628. TSA and homeland security information sharing.

Sec. 629. Aviation security stakeholder participation.

Sec. 630. General aviation security.

Sec. 631. Security and self-defense training.

Sec. 632. Security screening of individuals with metal implants traveling in air transportation.

Sec. 633. Prohibition on outsourcing.

Sec. 634. Known air traveler credential.

Sec. 635. Advanced imaging technology.

Sec. 636. Security risk assessment of airport perimeter access controls.

Sec. 637. Advanced passenger prescreening system.

Sec. 638. Biometric identifier airport access enhancement demonstration program.

Sec. 639. Transportation security training programs.

Sec. 640. Deployment of technology approved by science and technology directorate.

Sec. 641. In-line baggage screening study.

Sec. 642. In-line checked baggage screening systems.

Sec. 643. Inspector General report on certain policies for Federal air marshals.

Sec. 644. Explosives detection canine teams minimum for aviation security.

Sec. 645. Assessments and GAO Report of inbound air cargo screening.

Sec. 646. Status of efforts to promote air cargo shipper certification.

Sec. 647. Full and open competition in security background screening service.

Sec. 648. Trusted passenger/Registered Traveler program.

Sec. 649. Report on cabin crew communication.

Sec. 650. Air cargo crew training.

Sec. 651. Reimbursement for airports that have incurred eligible costs.

Sec. 652. Establishment of appeal and redress process for individuals wrongly delayed or prohibited from boarding a flight, or denied a right, benefit, or privilege.

Sec. 653. Personal protective equipment.

Sec. 654. Security screening for members of the Armed Forces.

Sec. 655. Report on commercial aviation security plans.

Sec. 656. Study on combination of facial and iris recognition.

Sec. 657. Issuance of regulations and security directives using emergency procedures.

Sec. 658. General aviation negotiated rulemaking.

Sec. 661. Sense of Congress regarding securing surface transportation systems.

Sec. 662. Assistant Secretary defined.

Sec. 663. Surface transportation security inspection program.

Sec. 664. Visible intermodal prevention and response teams.

Sec. 665. Surface Transportation Security stakeholder participation.

Sec. 666. Human capital plan for surface transportation security personnel.

Sec. 667. Surface transportation security training.

Sec. 668. Improvement of public transportation security assistance.

Sec. 669. International lessons learned for securing passenger rail and public transportation systems.

Sec. 670. Underwater tunnel security demonstration project.

Sec. 671. Passenger rail security demonstration project.

Sec. 672. Explosives detection canine teams.

Sec. 673. Deputy Assistant Secretary for surface transportation security.

Sec. 674. Public hearings on security assistance grant program and the restriction of security improvement priorities.

Sec. 681. Report and recommendation for uniform security background checks.

Sec. 682. Animal-propelled vessels.

Sec. 683. Requirements for issuance of transportation security cards; access pending issuance; redundant background checks.

Sec. 684. Harmonizing security card expirations.

Sec. 685. Pipeline security study.

Sec. 686. Transportation Security Administration centralized training facility.

Sec. 691. Short title.

Sec. 692. Surface transportation security.

Sec. 693. Conforming amendment.

Sec. 694. Limitation on issuance of HAZMAT licenses.

Sec. 695. Deadlines and effective dates.

Sec. 696. Task force on disqualifying crimes.

Sec. 701. Authorization of appropriations.

Sec. 702. Authorized levels of military strength and training.

Sec. 703. Admirals and Vice Admirals.

Sec. 704. Coast Guard commissioned officers: compulsory retirement.

Sec. 705. Commissioned officers.

Sec. 706. Administration of Maritime Security.

Sec. 707. Maritime security response teams.

Sec. 708. Maritime safety and security teams.

Sec. 709. Waterside security of certain dangerous cargo.

Sec. 710. Coast Guard vessels and aircraft.

Sec. 711. Laser Training System.

Sec. 712. Coast Guard detection canine team program expansion.

Sec. 713. Maritime biometric identification.

Sec. 714. Review of potential threats.

Sec. 715. Port security pilot.

Sec. 716. Seasonal workers.

Sec. 717. Pilot program for fingerprinting of maritime workers.

Sec. 718. Transportation security cards on vessels.

Sec. 719. International labor study.

Sec. 720. Maritime Security Advisory Committees.

Sec. 721. Seamen’s shoreside access.

Sec. 722. Use of force against piracy.

Sec. 723. Agreements.

Sec. 724. Risk-based cargo security program.

Sec. 731. Short title.

Sec. 732. Findings.

Sec. 733. Checks against terrorist watchlist.

Sec. 734. Strengthening prosecution and punishment of alien smugglers.

Sec. 735. Maritime law enforcement.

Sec. 736. Amendment to the sentencing guidelines.

Sec. 801. Authorization of appropriations for Federal Protective Service.

Sec. 802. Federal Protective Service authority to carry out basic security functions.

Sec. 803. Strategic plan requirement.

Sec. 804. Facility security risk assessments.

Sec. 805. Contract guard staff.

Sec. 806. Site inspections.

Sec. 807. Promotion of Federal Protective Service Technology and Training.

Sec. 808. Prohibited items list.

Sec. 809. Report requirement.

Sec. 811. Extension of chemical facilities antiterrorism security program.

Sec. 821. Bombing prevention.

Sec. 822. Explosives technology development and transfer.

Sec. 823. GAO study of explosives detection canine teams.

Sec. 824. Report on canine procurement activities.

Sec. 831. Annual cybersecurity threat assessment.

Sec. 832. Cybersecurity research and development.

Sec. 833. National Research Council study of cybersecurity incentives.

Sec. 834. Research on cyber compromise of infrastructure.

Sec. 835. Assessments of emerging cyber threats in telecommunications.

Sec. 836. Department of Homeland Security Cybercrime coordination.

Sec. 901. Center for Domestic Preparedness.

Sec. 902. Recovery from radiological and nuclear attacks.

Sec. 903. Citizen and community preparedness.

Sec. 904. Metropolitan Medical Response System program.

Sec. 905. Transparency in homeland security grant funding.

Sec. 906. Sense of Congress regarding interoperability.

Sec. 907. Audit of the national level exercise.

Sec. 908. FEMA report to Congress on sourcing and distribution of disaster response goods and services.

Sec. 1001. Definitions.

Sec. 1002. References.

Sec. 1011. Authorization of appropriations.

Sec. 1021. Research prioritization and requirements; professional development; milestones and feedback.

Sec. 1022. Testing, evaluation, and standards.

Sec. 1023. Peer review.

Sec. 1024. Directorate of Science and Technology strategic plan.

Sec. 1031. Limitations on research.

Sec. 1032. University-based centers.

Sec. 1033. Review of university-based centers.

Sec. 1034. Dual-use terrorist risks from synthetic genomics.

Sec. 1035. Underwater tunnel security demonstration project.

Sec. 1036. Threats research and development.

Sec. 1037. Maritime domain awareness and maritime security technology test, evaluation, and transition capabilities.

Sec. 1038. Rapid biological threat detection and identification.

Sec. 1039. Rural resilience initiative.

Sec. 1040. Homeland Security Science and Technology Fellows Program.

Sec. 1041. Biological threat agent assay equivalency.

Sec. 1042. Study of feasibility and benefit of expanding or establishing program to create a new cybersecurity capacity building track at certain institutions of higher education.

Sec. 1043. Assessment, research, testing, and evaluation of technologies to mitigate the threat of small vessel attack.

Sec. 1044. Other transaction authority.

Sec. 1045. National Urban Security Technology Laboratory.

Sec. 1051. Authorization of appropriations.

Sec. 1052. Domestic Nuclear Detection Office oversight.

Sec. 1053. Strategic plan and funding allocations for global nuclear detection architecture.

Sec. 1054. Radiation portal monitor alternatives.

Sec. 1061. Federally funded research and development centers.

Sec. 1062. Elimination of Homeland Security Institute.

Sec. 1063. GAO study of the implementation of the statutory relationship between the Department and the Department of Energy national laboratories.

Sec. 1071. Commission on the Protection of Critical Electric and Electronic Infrastructures.

Sec. 1081. Securing the Cities Initiative.

Sec. 1101. Direct line authority for Chief Operating Officers.

Sec. 1102. Department of Homeland Security headquarters consolidation project.

Sec. 1103. Acquisition Professional Career Program.

Sec. 1104. Annuitants for acquisition positions.

Sec. 1105. Acquisition Review Board.

Sec. 1106. Office of Inspector General.

Sec. 1107. Establishment of privacy official within each component of Department of Homeland Security.

Sec. 1108. Homeland Secure Data Network.

Sec. 1109. Congressional access to information.

Sec. 1201. Immunity for reports of suspected terrorist activity or suspicious behavior and response.

Sec. 1202. Homeland security biodefense strategy.

Sec. 1203. Civil liability for disclosure of protected security information.

Sec. 1204. Continuation of authority for Federal Law Enforcement Training Center to appoint and maintain a cadre of Federal annuitants.

Sec. 1205. Rural Policing Institute; rural area defined.

Sec. 1206. Chief Veterinary Officer.

SEC. 2. Definitions.

In this Act:

(1) CYBER.—The term “cyber” means—

(A) any process, program, or protocol relating to the use of the Internet or an Intranet, automatic data processing or transmission, or telecommunication via the Internet or an Intranet; and

(B) any matter relating to, or involving the use of, computers or computer networks.

(2) CYBER ATTACK.—The term “cyber attack” means any unauthorized access or use of a cyber system or network, whether or not directed against a specific entity or entities, that—

(A) alters, copies, misappropriates, corrupts, destroys, disrupts, deletes, damages, prevents, restricts, or hinders access to a cyber system or network;

(B) results in the disclosure of private or confidential information stored on a cyber system or network;

(C) results in the disclosure of private or confidential information stored on a cyber system or network; or

(D) results in theft of data or information.

(3) DEPARTMENT.—The term “Department” means the Department of Homeland Security.

(4) INTERNATIONAL BORDERS.—The term “international borders” means the international boundary lines on both the northern and southern borders of the United States.

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

(6) NATIONAL CRITICAL INFORMATION SYSTEMS AND NETWORK.—The term “national critical infrastructure information systems and networks” means—

(A) Federal Government information systems and networks; and

(B) any State, local, or nongovernmental information systems and networks in the United States that is designated by the President as national critical infrastructure information systems and networks.

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

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

(9) SECRETARY.—The term “Secretary” means the Secretary of Homeland Security.

SEC. 101. Prohibition on use of Department of Justice funds to prosecute individuals detained at Naval Station, Guantanamo Bay, Cuba, in the United States.

None of the funds made available to the Department of Justice may be used to prosecute an individual who was detained at Naval Station, Guantanamo Bay, Cuba, on or after January 22, 2009, in a criminal court located in the United States or in any territory or possession of the United States.

SEC. 102. Presidential certification.

(a) Sense of Congress.—It is the sense of Congress that individuals currently detained at Guantanamo should not be transferred or released into the sovereign territory of the United States.

(b) Requirements relating to the transfer or release of individuals currently detained at Guantanamo to sovereign territory of United States.—

(1) PROHIBITION.—The President or the President’s designee may not transfer or release an individual currently detained at Guantanamo to any State unless 60 days prior to the transfer or release the President or the President’s designee completes the requirements in paragraphs (2) and (3).

(2) GOVERNOR AND STATE LEGISLATURE APPROVAL.—The requirement under this paragraph is that—

(A) the President or the President’s designee submits to the Governor and legislature of the State to which the President intends to transfer or release an individual currently detained at Guantanamo certification in writing (together with supporting documentation and justification) that the individual does not pose a security risk to the United States; and

(B) after receiving the certification pursuant to subparagraph (A), the Governor and State legislature of that State consent to the transfer or release of the individual covered under this section.

(3) PRESIDENTIAL NOTIFICATION AND CERTIFICATION REQUIREMENT.—The requirement under this paragraph is that the President submits to Congress, in writing, the following information:

(A) The name of any individual to be transferred or released.

(B) The location and the installation in the United States where the individual will be transferred or released.

(C) A justification for why that location was selected.

(D) The findings of an analysis carried out by the President describing any risk to the national security of the United States or the residents of the United States that is posed by the transfer or release.

(E) A certification that the President has mitigated any risk described in subparagraph (D).

(F) A certification that the President has completed the requirements of paragraph (2).

(G) A certification that the President’s transfer or release under paragraph (1) of an individual covered by this section will not adversely affect the Federal Government’s ability to prosecute individuals covered under this subsection.

(H) The findings of an analysis carried out by the President describing any adverse effect such transfer or release will have on the ability of the Federal Government to prosecute individuals covered under this subsection.

(I) A certification that the President’s transfer or release under paragraph (1) of an individual covered by this subsection will not adversely affect the Federal Government’s ability to detain individuals covered under this subsection.

(J) The findings of an analysis carried out by the President describing any adverse affect such transfer or release will have on the ability of the Federal Government to detain individuals covered under this subsection.

(K) A certification that the President’s transfer or release under paragraph (1) of an individual covered by this subsection will not result in the release of individuals covered under this subsection into the United States.

(L) The findings of an analysis carried out by the President describing how the Federal Government will ensure the transfer or release described in subparagraph (K) will not result in the release of individuals covered under this subsection into the United States.

(c) Definitions.—For purposes of this section, the terms “individual currently detained at Guantanamo” and “individual covered by this subsection” have the meaning given such terms under section 1(c) of Executive Order 13492.

SEC. 103. Provision of classified files.

(a) In general.—The President shall submit to the Committee on Homeland Security of the House of Representatives copies of all classified files related to, in whole or in part, every detainee transferred from the detention center at United States Naval Station, Guantanamo Bay, Cuba, to the United States or to a foreign country on or after January 20, 2009.

(b) Timeframe.—

(1) DETAINEES TRANSFERRED BEFORE DATE OF ENACTMENT.—Information required to be submitted under subsection (a) that is related to detainees transferred during the period beginning on January 20, 2009, and ending on the date of the enactment of this Act shall be submitted to the Committee on Homeland Security of the House of Representatives by not later than 60 days after such date of enactment.

(2) DETAINEES TRANSFERRED AFTER DATE OF ENACTMENT.—Information required to be submitted under subsection (a) that is related to detainees transferred after the date of the enactment of this Act shall be submitted to the Committee on Homeland Security of the House of Representatives every 90 days after the initial submission of information under paragraph (1).

(c) Sunset.—The requirements of this section shall terminate on the date that is 180 days after the date on which the last individual detained at the detention center United States Naval Station, Guantanamo Bay, Cuba, is transferred to any location outside of such Naval Station.

SEC. 104. Ensuring the collection of critical intelligence.

(a) Requirement for consultation.—

(1) IN GENERAL.—

(A) PROSECUTION.—Before any officer or employee of the Department of Justice institutes any prosecution of an alien in a United States district court for a terrorist offense, the Attorney General, Deputy Attorney General, or Assistant Attorney General for the Criminal Division, shall consult with the Director of National Intelligence and the Secretary of Defense about whether the prosecution should take place in a United States district court or before a military commission under chapter 47A of title 10, United States Code.

(B) INTERROGATION.—Before any officer or employee of the Department of Justice engages in any interrogation of an alien in a criminal investigation or prosecution of a terrorist offense, the Attorney General, Deputy Attorney General, or Assistant Attorney General for the Criminal Division, shall consult with the Director of National Intelligence, the Director of the Central Intelligence Agency, the Secretary of Homeland Security, and the Secretary of Defense about how to proceed in that interrogation so as to enable each such official to carry out that official’s responsibilities in a manner consistent with national security.

(2) DEFINITIONS.—In this subsection—

(A) the term “terrorist offense” means any offense for which the defendant could be tried by a military commission under chapter 47A of title 10, United States Code; and

(B) the term “alien” means any person who is not a citizen of the United States.

SEC. 105. Report on the High Value Detainee Interrogation Group.

(a) Report.—The Attorney General, in consultation with the Director of the Central Intelligence Agency, the Director of National Intelligence, the Secretary of Defense, and the Secretary of Homeland Security, shall submit to the Chairman and Ranking Minority Member of the Committee on Homeland Security of the House of Representatives regular classified reports on the High Value Detainee Interrogation Group.

(b) Contents.—The report required under subsection (a) shall include—

(1) the number of occasions on which and the locations where the High Value Detainee Interrogation Group was deployed;

(2) the interrogation tactics and procedures used by the High Value Detainee Interrogation Group; and

(3) a description of any analytical intelligence products produced as a result of the intelligence collected during the interrogations and operations of the High Value Interrogation Group.

(c) Timeframe.—The reports required under subsection (a) shall be submitted not later than 6 months after the date of enactment of this Act and every 6 months thereafter until December 31, 2016.

SEC. 106. Covert agent identity protection.

(a) Investigation.—The Inspectors General of the Department of Defense and the Central Intelligence Agency shall conduct an investigation into possible violations of title VI of the National Security Act of 1947 (50 U.S.C. 421 et seq.) at the Detention Center at United States Naval Station, Guantanamo Bay, Cuba. The investigation shall be completed not later than one year after the date of the enactment of this Act

(b) Report.—Not later than 30 days after the completion of the investigation under subsection (a), the Inspectors General of the Department of Defense and the Central Intelligence Agency shall submit to Congress a report on the findings of the investigation. The report shall be in unclassified form, but may contain a classified annex.

SEC. 107. Special Interagency Task Force on Detainee Disposition.

The Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives all documents and correspondence, including electronic correspondence, related to the Secretary’s role in the President’s Special Interagency Task Force on Detainee Disposition established pursuant to Executive Order 13493.

SEC. 108. Threat assessment relating to transfer of Guantanamo detainees to the United States or its territories.

(a) Threat assessment.—The Secretary of Homeland Security, in coordination with the heads of related Federal agencies and in consultation with relevant State, local, and tribal law enforcement agencies, shall conduct a terrorist threat assessment on the risk posed by the transfer of any individual who is detained, as of the date of the enactment of this Act, at the detention center at United States Naval Station, Guantanamo Bay, Cuba, to the United States or its territories.

(b) Contents.—The assessment required under subsection (a) shall include—

(1) an assessment of the effect on homeland security of such a transfer of any such individual, including whether the risk of a terrorist attack against a facility or location housing detainees or hosting civilian trials or military commissions in the United States or its territories would increase; and

(2) a determination of the monetary costs associated with the transfer, detention, and civilian trial or military commission of any such individual to the United States or its territories.

(c) Completion and submission.—The assessment required under subsection (a) shall be completed and submitted to the Committee on Homeland Security of the House of Representatives not later than 60 days after the date of the enactment of this Act.

SEC. 109. Habeas corpus.

Section 2241(e)(1) of title 28, United States Code, is amended by inserting after “detained by the United States” the following: “outside the territory of the United States or of United States Naval Station, Guantanamo Bay, Cuba, and”.

SEC. 110. Violent radicalization and homegrown terrorism prevention.

(a) Prevention of violent radicalization and homegrown terrorism.—

(1) IN GENERAL.—Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) is amended by adding at the end the following new subtitle:

“subtitle JPrevention of violent radicalization and homegrown terrorism

“SEC. 899A. Definitions.

“For purposes of this subtitle:

“(1) COMMISSION.—The term ‘Commission’ means the National Commission on the Prevention of Violent Radicalization and Homegrown Terrorism established under section 899C.

“(2) VIOLENT RADICALIZATION.—The term ‘violent radicalization’ means the process of adopting or promoting an extremist belief system for the purpose of facilitating ideologically based violence to advance political, religious, or social change.

“(3) HOMEGROWN TERRORISM.—The term ‘homegrown terrorism’ means the use, planned use, or threatened use, of force or violence by a group or individual born, raised, or based and operating primarily within the United States or any possession of the United States to intimidate or coerce the United States Government, the civilian population of the United States, or any segment thereof, in furtherance of political or social objectives.

“(4) IDEOLOGICALLY BASED VIOLENCE.—The term ‘ideologically based violence’ means the use, planned use, or threatened use of force or violence by a group or individual to promote the group or individual’s political, religious, or social beliefs.

“SEC. 899B. Findings.

“The Congress finds the following:

“(1) The development and implementation of methods and processes that can be utilized to prevent violent radicalization, homegrown terrorism, and ideologically based violence in the United States is critical to combating domestic terrorism.

“(2) The promotion of violent radicalization, homegrown terrorism, and ideologically based violence exists in the United States and poses a threat to homeland security.

“(3) The Internet has aided in facilitating violent radicalization, ideologically based violence, and the homegrown terrorism process in the United States by providing access to broad and constant streams of terrorist-related propaganda to United States citizens.

“(4) While the United States must continue its vigilant efforts to combat international terrorism, it must also strengthen efforts to combat the threat posed by homegrown terrorists based and operating within the United States.

“(5) Understanding the motivational factors that lead to violent radicalization, homegrown terrorism, and ideologically based violence is a vital step toward eradicating these threats in the United States.

“(6) Preventing the potential rise of self-radicalized, unaffiliated terrorists domestically cannot be easily accomplished solely through traditional Federal intelligence or law enforcement efforts, and can benefit from the incorporation of State and local efforts.

“(7) Individuals prone to violent radicalization, homegrown terrorism, and ideologically based violence span all races, ethnicities, and religious beliefs, and individuals should not be targeted based solely on race, ethnicity, or religion.

“(8) Any measure taken to prevent violent radicalization, homegrown terrorism, and ideologically based violence and homegrown terrorism in the United States should not violate the constitutional rights, civil rights, or civil liberties of United States citizens or lawful permanent residents.

“(9) Certain governments, including the United Kingdom, Canada, and Australia have significant experience with homegrown terrorism and the United States can benefit from lessons learned by those nations.

“SEC. 899C. National Commission on the Prevention of Violent Radicalization and Ideologically Based Violence.

“(a) Establishment.—There is established within the legislative branch of the Government the National Commission on the Prevention of Violent Radicalization and Homegrown Terrorism.

“(b) Purpose.—The purposes of the Commission are the following:

“(1) Examine and report upon the facts and causes of violent radicalization, homegrown terrorism, and ideologically based violence in the United States, including United States connections to non-United States persons and networks, violent radicalization, homegrown terrorism, and ideologically based violence in prison, individual or ‘lone wolf’ violent radicalization, homegrown terrorism, and ideologically based violence, and other faces of the phenomena of violent radicalization, homegrown terrorism, and ideologically based violence that the Commission considers important.

“(2) Build upon and bring together the work of other entities and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of—

“(A) the Center of Excellence established or designated under section 899D, and other academic work, as appropriate;

“(B) Federal, State, local, or tribal studies of, reviews of, and experiences with violent radicalization, homegrown terrorism, and ideologically based violence; and

“(C) foreign government studies of, reviews of, and experiences with violent radicalization, homegrown terrorism, and ideologically based violence.

“(c) Composition of commission.—The Commission shall be composed of 10 members appointed for the life of the Commission, of whom—

“(1) one member shall be appointed by the President from among officers or employees of the executive branch and private citizens of the United States;

“(2) one member shall be appointed by the Secretary;

“(3) one member shall be appointed by the majority leader of the Senate;

“(4) one member shall be appointed by the minority leader of the Senate;

“(5) one member shall be appointed by the Speaker of the House of Representatives;

“(6) one member shall be appointed by the minority leader of the House of Representatives;

“(7) one member shall be appointed by the Chairman of the Committee on Homeland Security of the House of Representatives;

“(8) one member shall be appointed by the ranking minority member of the Committee on Homeland Security of the House of Representatives;

“(9) one member shall be appointed by the Chairman of the Committee on Homeland Security and Governmental Affairs of the Senate; and

“(10) one member shall be appointed by the ranking minority member of the Committee on Homeland Security and Governmental Affairs of the Senate.

“(d) Chair and Vice Chair.—The Commission shall elect a Chair and a Vice Chair from among its members.

“(e) Qualifications.—Individuals shall be selected for appointment to the Commission solely on the basis of their professional qualifications, achievements, public stature, experience, and expertise in relevant fields, including behavioral science, constitutional law, corrections, counterterrorism, cultural anthropology, education, information technology, intelligence, juvenile justice, local law enforcement, organized crime, Islam and other world religions, or sociology.

“(f) Deadline for Appointment.—All members of the Commission shall be appointed no later than 60 days after the date of enactment of this subtitle.

“(g) Quorum and meetings.—The Commission shall meet and begin the operations of the Commission not later than 30 days after the date on which all members have been appointed or, if such meeting cannot be mutually agreed upon, on a date designated by the Speaker of the House of Representatives. Each subsequent meeting shall occur upon the call of the Chair or a majority of its members. A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold meetings.

“(h) Authority of individuals To act for Commission.—Any member of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this Act.

“(i) Powers of commission.—The powers of the Commission shall be as follows:

“(1) IN GENERAL.—

“(A) HEARINGS AND EVIDENCE.—The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this section, hold hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers advisable to carry out its duties.

“(B) CONTRACTING.—The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section.

“(2) INFORMATION FROM FEDERAL AGENCIES.—

“(A) IN GENERAL.—The Commission may request directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this section. The head of each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent practicable and authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chair of the Commission, by the chair of any subcommittee created by a majority of the Commission, or by any member designated by a majority of the Commission.

“(B) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—The Committee and its staff shall receive, handle, store, and disseminate information in a manner consistent with the operative statutes, regulations, and Executive orders that govern the handling, storage, and dissemination of such information at the department, bureau, agency, board, commission, office, independent establishment, or instrumentality that responds to the request.

“(j) Assistance from Federal agencies.—

“(1) GENERAL SERVICES ADMINISTRATION.—The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s functions.

“(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to the assistance required under paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, and staff as they may determine advisable and as may be authorized by law.

“(k) Postal services.—The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.

“(l) Nonapplicability of Federal Advisory Committee Act.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

“(m) Public meetings.—

“(1) IN GENERAL.—The Commission shall hold public hearings and meetings to the extent appropriate.

“(2) PROTECTION OF INFORMATION.—Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order including subsection (i)(2)(B).

“(n) Staff of Commission.—

“(1) APPOINTMENT AND COMPENSATION.—The Chair of the Commission, in consultation with the Vice Chair and in accordance with rules adopted by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the maximum rate of pay for GS–15 under the General Schedule.

“(2) STAFF EXPERTISE.—Individuals shall be selected for appointment as staff of the Commission on the basis of their expertise in one or more of the fields referred to in subsection (e).

“(3) PERSONNEL AS FEDERAL EMPLOYEES.—

“(A) IN GENERAL.—The executive director and any employees of the Commission shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.

“(B) MEMBERS OF COMMISSION.—Subparagraph (A) shall not be construed to apply to members of the Commission.

“(4) DETAILEES.—Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and during such detail shall retain the rights, status, and privileges of his or her regular employment without interruption.

“(5) CONSULTANT SERVICES.—The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.

“(6) EMPHASIS ON SECURITY CLEARANCES.—The Commission shall make it a priority to hire as employees and retain as contractors and detailees individuals otherwise authorized by this section who have active security clearances.

“(o) Commission personnel matters.—

“(1) COMPENSATION OF MEMBERS.—Each member of the Commission who is not an employee of the Government shall be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission.

“(2) TRAVEL EXPENSES.—While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

“(3) TRAVEL ON ARMED FORCES CONVEYANCES.—Members and personnel of the Commission may travel on aircraft, vehicles, or other conveyances of the Armed Forces of the United States when such travel is necessary in the performance of a duty of the Commission, unless the cost of commercial transportation is less expensive.

“(4) TREATMENT OF SERVICE FOR PURPOSES OF RETIREMENT BENEFITS.—A member of the Commission who is an annuitant otherwise covered by section 8344 or 8468 of title 5, United States Code, by reason of membership on the Commission shall not be subject to the provisions of such section with respect to membership on the Commission.

“(5) VACANCIES.—A vacancy on the Commission shall not affect its powers and shall be filled in the manner in which the original appointment was made. The appointment of the replacement member shall be made not later than 60 days after the date on which the vacancy occurs.

“(p) Security clearances.—The heads of appropriate departments and agencies of the executive branch shall cooperate with the Commission to expeditiously provide Commission members and staff with appropriate security clearances to the extent possible under applicable procedures and requirements.

“(q) Reports.—

“(1) FINAL REPORT.—Not later than 18 months after the date on which the Commission first meets, the Commission shall submit to the President and Congress a final report of its findings and conclusions, legislative recommendations for immediate and long-term countermeasures to violent radicalization, homegrown terrorism, and ideologically based violence, and measures that can be taken to prevent violent radicalization, homegrown terrorism, and ideologically based violence from developing and spreading within the United States, and any final recommendations for any additional grant programs to support these purposes. The report may also be accompanied by a classified annex.

“(2) INTERIM REPORTS.—The Commission shall submit to the President and Congress—

“(A) by not later than 6 months after the date on which the Commission first meets, a first interim report on—

“(i) its findings and conclusions and legislative recommendations for the purposes described in paragraph (1); and

“(ii) its recommendations on the feasibility of a grant program established and administered by the Secretary for the purpose of preventing, disrupting, and mitigating the effects of violent radicalization, homegrown terrorism, and ideologically based violence and, if such a program is feasible, recommendations on how grant funds should be used and administered; and

“(B) by not later than 6 months after the date on which the Commission submits the interim report under subparagraph (A), a second interim report on such matters.

“(3) INDIVIDUAL OR DISSENTING VIEWS.—Each member of the Commission may include in each report under this subsection the individual additional or dissenting views of the member.

“(4) PUBLIC AVAILABILITY.—The Commission shall release a public version of each report required under this subsection.

“(r) Availability of funding.—Amounts made available to the Commission to carry out this section shall remain available until the earlier of the expenditure of the amounts or the termination of the Commission.

“(s) Termination of commission.—The Commission shall terminate 30 days after the date on which the Commission submits its final report.

“SEC. 899D. Center of Excellence for the Study of Violent Radicalization and Homegrown Terrorism in the United States.

“(a) Establishment.—The Secretary of Homeland Security shall establish or designate a university-based Center of Excellence for the Study of Violent Radicalization and Homegrown Terrorism in the United States (hereinafter referred to as ‘Center’) following the merit-review processes and procedures and other limitations that have been previously established for selecting and supporting University Programs Centers of Excellence. The Center shall assist Federal, State, local, and tribal homeland security officials through training, education, and research in preventing violent radicalization and homegrown terrorism in the United States. In carrying out this section, the Secretary may choose to either create a new Center designed exclusively for the purpose stated herein or identify and expand an existing Department of Homeland Security Center of Excellence so that a working group is exclusively designated within the existing Center of Excellence to achieve the purpose set forth in subsection (b).

“(b) Purpose.—It shall be the purpose of the Center to study the social, criminal, political, psychological, and economic roots of violent radicalization and homegrown terrorism in the United States and methods that can be utilized by Federal, State, local, and tribal homeland security officials to mitigate violent radicalization and homegrown terrorism.

“(c) Activities.—In carrying out this section, the Center shall—

“(1) contribute to the establishment of training, written materials, information, analytical assistance, and professional resources to aid in combating violent radicalization and homegrown terrorism;

“(2) utilize theories, methods, and data from the social and behavioral sciences to better understand the origins, dynamics, and social and psychological aspects of violent radicalization and homegrown terrorism;

“(3) conduct research on the motivational factors that lead to violent radicalization and homegrown terrorism; and

“(4) coordinate with other academic institutions studying the effects of violent radicalization and homegrown terrorism where appropriate.

“SEC. 899E. Preventing violent radicalization and homegrown terrorism through international cooperative efforts.

“(a) International effort.—The Secretary shall, in cooperation with the Department of State, the Attorney General, and other Federal Government entities, as appropriate, conduct a survey of methodologies implemented by foreign nations to prevent violent radicalization and homegrown terrorism in their respective nations.

“(b) Implementation.—To the extent that methodologies are permissible under the Constitution, the Secretary shall use the results of the survey as an aid in developing, in consultation with the Attorney General, a national policy in the United States on addressing radicalization and homegrown terrorism.

“(c) Reports to Congress.—The Secretary shall submit a report to Congress that provides—

“(1) a brief description of the foreign partners participating in the survey; and

“(2) a description of lessons learned from the results of the survey and recommendations implemented through this international outreach.

“SEC. 899F. Protecting civil rights and civil liberties while preventing ideologically based violence and homegrown terrorism.

“(a) In general.—The Department of Homeland Security’s efforts to prevent ideologically based violence and homegrown terrorism as described herein shall not violate the constitutional rights, civil rights, or civil liberties of United States citizens or lawful permanent residents.

“(b) Commitment to racial neutrality.—The Secretary shall ensure that the activities and operations of the entities created by this subtitle are in compliance with the Department of Homeland Security’s commitment to racial neutrality.

“(c) Auditing mechanism.—The Civil Rights and Civil Liberties Officer of the Department of Homeland Security shall develop and implement an auditing mechanism to ensure that compliance with this subtitle does not violate the constitutional rights, civil rights, or civil liberties of any racial, ethnic, or religious group, and shall include the results of audits under such mechanism in its annual report to Congress required under section 705.”.

(2) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is amended by inserting at the end of the items relating to title VIII the following:


“Sec. 899A. Definitions.

“Sec. 899B. Findings.

“Sec. 899C. National Commission on the Prevention of Violent Radicalization and Ideologically Based Violence.

“Sec. 899D. Center of Excellence for the Study of Violent Radicalization and Homegrown Terrorism in the United States.

“Sec. 899E. Preventing violent radicalization and homegrown terrorism through international cooperative efforts.

“Sec. 899F. Protecting civil rights and civil liberties while preventing ideologically based violence and homegrown terrorism.”.

SEC. 201. Authorization of appropriations.

There is authorized to be appropriated to the Secretary $47,474,026,000 for fiscal year 2011 for the necessary expenses of the Department of Homeland Security.

SEC. 301. Congressional oversight.

(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”) recommended in its report in 2004 that “Congress should create a single, principal point of oversight and review for homeland security”.

(2) At the time of that recommendation, there were 86 committees and subcommittees exercising oversight of the Department of Homeland Security. As of the end of the 110th Congress, there were 108 committees and subcommittees exercising such oversight.

(3) The 9/11 Commission report further stated that “so long as oversight is governed by current congressional rules and resolutions, we believe the American people will not get the security they want and need”.

(4) In a 2007 op-ed in the Washington Post, the former Chairman and Vice Chairman of the 9/11 Commission, Governor Thomas Kean and Congressman Lee Hamilton, described how fragmented congressional oversight of the Department of Homeland Security results in “a major drain on senior management and a source of contradictory guidance”.

(5) In a September 2007 letter to House of Representatives Homeland Security Committee ranking minority member Peter King, former Homeland Security Secretary Michael Chertoff wrote that “arguably, the single most important step Congress can take to improve operational effectiveness at the Department of Homeland Security at this juncture is to streamline Congressional oversight of DHS”.

(6) On December 20, 2008, The New York Times published an editorial entitled “Wayward Eye on the Homeland”, commenting on the inability of Congress to consolidate homeland security jurisdiction, noting that “This is a comedy that invites fresh tragedy unless Congressional leaders finally resolve to streamline down to a few dedicated panels”.

(7) The Commission on Weapons of Mass Destruction Proliferation and Terrorism (in this section referred to as the “WMD Commission”) recommended in 2008 that Congress “reform its oversight, both structurally and substantively, to better address intelligence, homeland security, and national security missions such as the prevention of weapons of mass destruction proliferation and terrorism”.

(8) The WMD Commission gave Congress an “F” on its Prevention of WMD Proliferation and Terrorism Report Card in January 2010 for failing to reform Congressional oversight, noting that “virtually no progress has been made since consolidation was first recommended by the 9/11 Commission in 2004”.

(9) On May 19, 2010, the former Chairman and Vice Chairman of the 9/11 Commission, Governor Thomas Kean and Congressman Lee Hamilton, testified before the House Committee on Homeland Security that “the jurisdictional melee among the scores of Congressional committees has led to conflicting and contradictory tasks and mandates for DHS.” Adding that “Without taking serious action, we fear this unworkable system could make the country less safe.”.

(10) The current structure of oversight over homeland security and bifurcated Congressional jurisdiction has a deleterious effect on the ability of Congress to provide clear and consistent guidance to the Department and impedes the timely enactment of appropriate legislation that will best ensure the security of our Nation and its citizens.

(b) Sense of congress regarding oversight of homeland security.—It is the sense of Congress that the House of Representatives and the Senate should fully implement the recommendations of the National Commission on Terrorist Attacks Upon the United States for creating a single, principal point of oversight and review for homeland security by amending House and Senate rules relating to committee jurisdiction.

(c) Amendment to the House rules regarding oversight of homeland security.—Clause 2 of rule XII of the Rules of the House of Representatives is amended by redesignating paragraph (c) as paragraph (d) and inserting after paragraph (b) the following:

“(c) The Speaker shall consider the recommendations of the National Commission on Terrorist Attacks Upon the United States for consolidating oversight and review of homeland security, and to the maximum extent feasible, minimize the impact that the referral to multiple committees of matters under paragraph (a) related to homeland security and the Department of Homeland Security will have on the ability of the House of Representatives to provide clear and consistent guidance to the Department and act on such measures in a timely and effective manner consistent with those recommendations.”.

SEC. 401. Strategy to achieve control of the border.

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a strategy for gaining effective control of the international borders of the United States within five years. The strategy shall include the staffing, technology, infrastructure, and other appropriate means necessary to achieve such effective control.

SEC. 402. Maintaining border patrol staffing.

(a) In general.—For each of fiscal years 2011, 2012, 2013, and 2014, the Secretary of Homeland Security shall maintain a force of not fewer than 20,000 Border Patrol agents and sufficient support staff for such agents, including mechanics, administrative support, and surveillance personnel.

(b) Northern border.—Of the Border Patrol agents required under subsection (a), not fewer than 2,500 of such agents shall be assigned to the northern border.

SEC. 403. Border technology and infrastructure.

(a) Technology.—The Secretary shall deploy a system of technology to conduct systematic surveillance, detection, and tracking along the international land and maritime borders of the United States.

(b) Coordination.—In deploying technology pursuant to subsection (a), the Secretary shall ensure that the procurement of independent systems are done in a manner that allows connectivity into a common operating picture for the United States Border Patrol and other agencies, as appropriate.

(c) Detection.—The technology deployed pursuant to subsection (a) shall include the capability to detect low-flying aircraft.

(d) Infrastructure.—The Secretary is authorized to construct physical fencing and vehicle barriers along the international land borders of the United States.

SEC. 404. Unmanned aerial system deployment.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall—

(1) identify not fewer than four strategic sections of the international land borders of the United States where the deployment of unmanned aerial system assets would be beneficial to the Border Patrol in implementing effective control of the border, in addition any such sections where unmanned aerial systems have been deployed as of the date of the enactment of this Act; and

(2) notify the Federal Aviation Administration, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the Department’s intent to use national air space for unmanned aerial system assets in the strategic sections identified pursuant to paragraph (1).

(b) Deployment timeline.—Not later than—

(1) one year after the date of the enactment of this Act, the Secretary shall deploy unmanned aerial system assets to at least 50 percent of the strategic sections identified pursuant to subsection (a)(1) of the international land borders of the United States; and

(2) three years after the date of the enactment of this Act, the Secretary shall deploy such unmanned aerial system assets to 100 percent of such strategic sections.

(c) Definition.—In this section, the term “effective control” means the ability to detect, identify, and prevent unlawful entries into the United States, including entries by terrorists and other unlawful aliens, instruments of terrorism, narcotics, and other contraband.

SEC. 405. Border security on public lands.

On public lands of the United States, neither the Secretary of the Interior nor the Secretary of Agriculture may impede, prohibit, or restrict activities of the Secretary of Homeland Security to achieve operational control (as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109–367)).

SEC. 406. Increase in port of entry inspection personnel.

For each of fiscal years 2011, 2012, 2013, and 2014, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not fewer than 250 the number of Customs and Border Protection officers at United States ports of entry over the number of such officers at such ports for the preceding fiscal year.

SEC. 407. Maintaining border inspection expertise.

The Secretary, acting through the Commissioner of United States Customs and Border Protection, shall ensure that expertise is maintained in all United States Customs and Border Protection mission areas.

SEC. 408. Conversion of certain overseas limited appointments.

(a) Definitions.—For purposes of this section—

(1) the term “Commissioner” means the Commissioner of United States Customs and Border Protection;

(2) the term “United States Customs and Border Protection” means United States Customs and Border Protection of the Department of Homeland Security;

(3) the term “competitive service” has the meaning given such term by section 2102 of title 5, United States Code; and

(4) the term “overseas limited appointment” means an appointment under—

(A) subpart B of part 301 of title 5 of the Code of Federal Regulations, as in effect on January 1, 2008; or

(B) any similar antecedent or succeeding authority, as determined by the Commissioner.

(b) Authority To convert certain overseas limited Appointments to permanent appointments.—

(1) IN GENERAL.—Notwithstanding chapter 33 of title 5, United States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Commissioner may convert an employee serving under an overseas limited appointment within U.S. Customs and Border Protection to a permanent appointment in the competitive service within U.S. Customs and Border Protection, if—

(A) as of the time of conversion, the employee has completed at least 2 years of current continuous service under 1 or more overseas limited appointments; and

(B) the employee’s performance has, throughout the period of continuous service referred to in subparagraph (A), been rated at least fully successful or the equivalent.

An employee whose appointment is converted under the preceding sentence acquires competitive status upon conversion.

(2) INDEMNIFICATION AND PRIVILEGES.—

(A) INDEMNIFICATION.—The United States shall, in the case of any individual whose appointment is converted under paragraph (1), indemnify and hold such individual harmless from any claim arising from any event, act, or omission—

(i) that arises from the exercise of such individual’s official duties, including by reason of such individual’s residency status, in the foreign country in which such individual resides at the time of conversion,

(ii) for which the individual would not have been liable had the individual enjoyed the same privileges and immunities in the foreign country as an individual who either was a permanent employee, or was not a permanent resident, in the foreign country at the time of the event, act, or omission involved, and

(iii) that occurs before, on, or after the date of the enactment of this Act,

including any claim for taxes owed to the foreign country or a subdivision thereof.

(B) SERVICES AND PAYMENTS.—

(i) IN GENERAL.—In the case of any individual whose appointment is converted under paragraph (1), the United States shall provide to such individual (including any dependents) services and monetary payments—

(I) equivalent to the services and monetary payments provided to other Customs and Border Protection employees in similar positions (and their dependents) in the same country of assignment by international agreement, an exchange of notes, or other diplomatic policy; and

(II) for which such individual (including any dependents) was not eligible by reason of such individual’s overseas limited appointment.

(ii) APPLICABILITY.—Services and payments under this subparagraph shall be provided to an individual (including any dependents) to the same extent and in the same manner as if such individual had held a permanent appointment in the competitive service throughout the period described in paragraph (1)(A). The preceding sentence shall, in the case of any individual, be effective as of the first day of the period described in paragraph (1)(A) with respect to such individual.

(3) GUIDANCE ON IMPLEMENTATION.—The Commissioner shall implement the conversion of an employee serving under an overseas limited appointment to a permanent appointment in the competitive service in a manner that—

(A) meets the operational needs of the U.S. Customs and Border Protection; and

(B) to the greatest extent practicable, is not disruptive to the employees affected under this section.

SEC. 409. Civil air patrol study.

(a) Study.—The Comptroller General of the United States shall conduct a study of the functions and capabilities of the Civil Air Patrol to support the homeland security missions of State, local, and tribal governments and the Department of Homeland Security. In conducting the study, the Comptroller General shall review the process by which the Civil Air Patrol may provide assistance to the Secretary of Homeland Security, other Federal agencies, and States to support homeland security missions by—

(1) providing aerial reconnaissance or communications capabilities for border security;

(2) providing capabilities for a collective response to an act of terrorism, natural disaster, or other man-made event by assisting in damage assessment and situational awareness, conducting search and rescue operations, assisting in evacuations, and transporting time-sensitive medical or other materials;

(3) providing assistance in the exercise and training of departmental resources responsible for the intercept of aviation threats to designated restricted areas; and

(4) carrying out such other activities as may be determined appropriate by the Comptroller General in the conduct of this review.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the Secretary of Homeland Security, the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing the findings of the review conducted under subsection (a). The report shall include—

(1) an assessment of the feasibility and cost effectiveness of using Civil Air Patrol assets for the purposes described in subsection (a); and

(2) an assessment as to whether the current mechanisms for Federal agencies and States to request support from the Civil Air Patrol are sufficient or whether new agreements between relevant Federal agencies and the Civil Air Patrol are necessary.

(c) Report to congress.—Not later than 90 days after the date of the receipt of the report required under subsection (b), the Secretary of Homeland Security shall review and analyze the study and submit to the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on such review and analysis, including any recommendations of the Secretary for further action that could affect the organization and administration of the Department of Homeland Security.

SEC. 410. Implementation of US–VISIT.

(a) Airport and seaport exit implementation.—Not later than June 30, 2011, the Secretary of Homeland Security shall complete the exit portion of the integrated entry and exit data system (commonly referred to as the “United States Visitor and Immigrant Status Indicator Technology system” or “US–VISIT”) required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) for aliens arriving in or departing from the United States at an airport or seaport.

(b) Land exit implementation.—

(1) IN GENERAL.—The Secretary shall develop a strategy for implementation of the exit portion of such integrated entry and exit data system for aliens departing from the United States at a land port of entry. The Secretary shall provide the strategy to appropriate congressional committees not later than December 31, 2011.

(2) ADDITIONAL MEASURES FOR DATA CAPTURE.—In developing the strategy, the Secretary shall consider additional measures to enhance the ability of the Department of Homeland Security to capture exit data.

SEC. 411. Northern border canine teams.

Not later than one year after the date of the enactment of this Act, the Secretary shall establish canine enforcement teams at the five busiest northern ports of entry and at other ports of entry as the Secretary determines necessary.

SEC. 412. Visa security program expansion.

(a) Issuance of visas at designated diplomatic and consular posts.—Section 428(i) of the Homeland Security Act of 2002 (6 U.S.C. 236(i)) is amended to read as follows:

“(i) Visa issuance at designated consular posts and embassies.—Notwithstanding any other provision of law, the Secretary—

“(1) shall conduct an on-site review of all visa applications and supporting documentation before adjudication at each of the visa adjudicating posts identified as high-risk, and posts subsequently designated as such, by the Secretary; and

“(2) is authorized to assign employees of the Department to any diplomatic or consular post at which visas are issued unless, in the Secretary’s sole and unreviewable discretion, the Secretary determines that such an assignment at a particular post would not promote national or homeland security.”.

(b) Expedited clearance and placement of department of homeland security personnel at diplomatic and consular posts.—The Secretary of State shall ensure that—

(1) not later than 270 days after the date of the enactment of the amendment made by subsection (a), Department of Homeland Security personnel assigned by the Secretary of Homeland Security under section 428(i)(1) of the Homeland Security Act of 2002, as amended by such subsection, have been stationed at diplomatic and consular posts as determined by the Secretary of Homeland Security; and

(2) not later than 270 days after the date on which the Secretary of Homeland Security designates an additional diplomatic or consular post for personnel under section 428(i)(2) of the Homeland Security Act of 2002, as amended by subsection (a) of this section, the Department of Homeland Security personnel assigned to such post have been stationed at such post.

SEC. 413. Visa revocation authority.

(a) Authority of the secretary of homeland security.—Section 428(b) of the Homeland Security Act (6 U.S.C. 236) is amended—

(1) in the matter preceding paragraph (1), by striking “Notwithstanding” and inserting “(1) Authorities of the Secretary of Homeland Security.—Notwithstanding”;

(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs, as so redesignated, two ems to the right;

(3) in subparagraph (A), by striking “and” at the end;

(4) by redesignating subparagraph (B) as subparagraph (C);

(5) by inserting after subparagraph (A) the following new subparagraph:

“(B) may refuse or revoke any visa to any alien or class of aliens if the Secretary, or the Secretary’s designee, determines that such refusal or revocation is necessary or advisable in the security interests of the United States; and”; and

(6) by adding at the end the following new paragraph:

“(2) EFFECT OF REVOCATION.—The revocation of any visa of an alien under paragraph (1)(B) shall take effect immediately and shall automatically cancel any other valid visa that is in such alien’s possession.”.

(b) Authority of the Secretary of State.—Section 428(c) of the Homeland Security Act (6 U.S.C. 236)—

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraph (1) the following new paragraph:

“(2) LIMITATION.—No decision by the Secretary of State to approve a visa may override a decision by the Secretary of Homeland Security under subsection (b).”.

SEC. 414. Improved student visa screening and foreign student monitoring.

(a) Enhanced student visa background checks.—Section 428 of the Homeland Security Act (6 U.S.C. 236) is amended by adding at the end the following:

“(j) Student visas.—In administering the program under this section, not later than 180 days after the date of enactment of the Counterterrorism Enhancement and Department of Homeland Security Authorization Act of 2010, the Secretary shall prescribe regulations to require employees assigned under subsection (e)(1) to conduct an on-site review of all applications for visas under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) prior to final adjudication, with special emphasis on determining whether applicants are inadmissible under section 212(a)(3)(B) of such Act (8 U.S.C. 1182(a)(3)(B)).”.

(b) Improved foreign student monitoring.—Section 442(a) of the Homeland Security Act (6 U.S.C. 252(a)) is amended—

(1) by redesignating paragraph (5) as paragraph (7); and

(2) by inserting after paragraph (4) the following:

“(5) STUDENT AND EXCHANGE VISITOR PROGRAM.——

“(A) IN GENERAL.—In administering the program under paragraph (4), the Secretary, not later than October 1, 2011—

“(i) shall prescribe regulations to require an institution or exchange visitor program sponsor participating in such program to ensure that each covered student or exchange visitor enrolled at the institution or attending the exchange visitor program—

“(I) is an active participant in the program for which the covered student or exchange visitor was issued a visa to enter the United States;

“(II) is not unobserved for any period—

“(aa) exceeding 30 days during any academic term or program in which the covered student or exchange visitor is enrolled; or

“(bb) exceeding 60 days during any period not described in item (aa); and

“(III) is reported to the Department within 10 days of—

“(aa) transferring to another institution or program;

“(bb) changing academic majors; or

“(cc) any other changes to information required to be maintained in the system described in paragraph (4); and

“(ii) notwithstanding clause (i), shall require each covered student or exchange visitor to be observed at least once every 60 days.

“(B) DEFINITIONS.—For purposes of this paragraph:

“(i) The term ‘covered student’ means a student who is a nonimmigrant pursuant to subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).

“(ii) The term ‘observed’ means positively identified by physical or electronic means.

“(6) UPGRADES TO SEVIS OR EQUIVALENT DATA.—The Secretary shall update the program or system described in paragraph (4) to incorporate new data fields that include—

“(A) verification that a covered student’s performance meets the minimum academic standards of the institution in which the student is enrolled; and

“(B) timely entry of any information required by paragraph (5) regarding covered students and exchange visitors enrolled at institutions or exchange program sponsors.”.

SEC. 501. Increase in full-time immigration and customs enforcement investigators.

Subject to the availability of appropriations, in each of fiscal years 2011 through 2014, the Secretary of Homeland Security shall increase by not fewer than 800 the number of positions for full-time active-duty investigators within the Department of Homeland Security above the number of such positions for which funds were allotted for the preceding fiscal year.

SEC. 502. Mandatory detention for aliens apprehended at or between ports of entry.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, an alien who attempts to unlawfully enter the United States and is apprehended at a United States port of entry or along the international land and maritime borders of the United States shall be detained until removed or a final decision granting admission has been made, unless the alien—

(1) is permitted to withdraw an application for admission under section 235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)) and immediately departs from the United States pursuant to such section; or

(2) is paroled into the United States by the Secretary of Homeland Security for urgent humanitarian reasons or significant public benefit in accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)).

(b) Rules of construction.—

(1) ASYLUM AND REMOVAL.—Nothing in this section shall be construed as limiting the right of an alien to apply for asylum or for relief or deferral of removal based on a fear of persecution.

(2) TREATMENT OF CERTAIN ALIENS.—The mandatory detention requirement of subsection (a) shall not apply to any alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations.

(3) DISCRETION.—Nothing in this section shall be construed as limiting the authority of the Secretary of Homeland Security, in the Secretary’s sole unreviewable discretion, to determine whether an alien described in clause (ii) of section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) shall be detained or released after a finding of a credible fear of persecution (as defined in clause (v) of such section).

SEC. 503. Denial of admission to nationals of countries denying or delaying acceptance of aliens.

Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)) is amended to read as follows:

“(d) Denial of admission to nationals of country denying or delaying accepting alien.—Whenever the Secretary of Homeland Security determines that the government of a foreign country has denied or unreasonably delayed accepting an alien who is a citizen, subject, national, or resident of that country after the alien has been ordered removed from the United States, the Secretary, after consultation with the Secretary of State, may deny admission to any citizen, subject, national, or resident of that country until the country accepts the alien who was ordered removed.”.

SEC. 504. Alien transfer and reimbursement authority.

(a) Transfer to Federal custody.—The Secretary of Homeland Security shall require appropriate personnel from the Department of Homeland Security to respond within 24 hours in person to all requests made by a State, or political subdivision of a State, participating in the program described in section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) that the Secretary take into custody an alien, if the Secretary has confirmed that the alien is unlawfully present in the United States.

(b) Reimbursement of costs.—If the Secretary fails to carry out subsection (a), the Secretary shall be responsible for the detention costs incurred by the State or political subdivision as a result of such failure.

SEC. 511. Authorization of the homeland security functions of the United States Secret Service.

(a) Authorization.—Of the amount authorized in section 201, there is authorized to be appropriated $1,811,617,000 for fiscal year 2011 for the necessary expenses of the United States Secret Service.

(b) Authorized personnel strength.—The United States Secret Service is authorized 7,014 full-time equivalent positions for fiscal year 2011.

SEC. 512. Report on the United States Secret Service James J. Rowley Training Center.

Within 240 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall provide to the appropriate congressional committees, including the Committees on Homeland Security and Appropriations of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Appropriations of the Senate, a report describing the following:

(1) The mission and training capabilities of the United States Secret Service James J. Rowley Training Center.

(2) Current Secret Service personnel throughput capacity of the James J. Rowley Training Center.

(3) Maximum Secret Service personnel throughput capacity of the James J. Rowley Training Center.

(4) An assessment of what departmental components engage in similar training activities as those conducted at the James J. Rowley Training Center.

(5) An assessment of the infrastructure enhancements needed to support the mission and training capabilities of the James J. Rowley Training Center.

(6) An assessment of the actual and expected total throughput capacity at the James J. Rowley Training Center, including outside entity participants.

SEC. 513. Communications interoperability.

(a) In general.—The Secretary of Homeland Security shall implement full interoperability of all communications systems used by the United States Secret Service and the White House Communications Agency.

(b) Authorization of Appropriations.—Of the amount authorized in section 511, $15,000,000 is available to complete the requirements in subsection (a).

SEC. 514. International field offices.

(a) Cybersecurity.—The Secretary of Homeland Security may establish permanent United States Secret Service international field offices to enhance cybersecurity and the Secret Service’s ability to combat cyber crime.

(b) Anti-counterfeiting.—The Secretary may establish permanent United States Secret Service international field offices to enhance the Secret Service’s ability to combat counterfeiting of United States currency.

(c) Selection of countries.—In selecting countries for the establishment of field offices under this section, the Secretary shall—

(1) consult with the Director of the United States Secret Service; and

(2) give priority to countries that pose the highest risk for cyber attacks against the United States and where the largest amount of counterfeit United States currency is produced.

SEC. 601. Short title.

This title may be cited as the “Transportation Security Administration Authorization Act”.

SEC. 602. Definitions.

In this title, the following definitions apply:

(1) ASSISTANT SECRETARY.—The term “Assistant Secretary” means Assistant Secretary of Homeland Security (Transportation Security Administration).

(2) ADMINISTRATION.—The term “Administration” means the Transportation Security Administration.

(3) AVIATION SECURITY ADVISORY COMMITTEE.—The term “Aviation Security Advisory Committee” means the advisory committee established by section 44946 of title 49, United States Code, as added by this Act.

SEC. 603. Authorities vested in Assistant Secretary.

Any authority vested in the Assistant Secretary under this title shall be carried out under the direction and control of the Secretary.

SEC. 611. Authorization of appropriations.

Of the amounts authorized in section 201, there are authorized to be appropriated to the Secretary $8,310,835,000 for fiscal year 2011 for the necessary expenses of the Transportation Security Administration.

SEC. 612. Risk-based system for allocation of resources.

(a) Report.—Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall submit to the appropriate congressional committees, including the Committee on Homeland Security of the House of Representatives, a report on the status of its implementation of recommendations from the Comptroller General with respect to the use by the Transportation Security Administration of a risk-based system for allocating security resources effectively.

(b) Assessments.—The report shall include assessments of the Transportation Security Administration’s progress in—

(1) adopting security goals that define specific outcomes, conditions, end points, and performance targets;

(2) conducting comprehensive risk assessments for the transportation sector that meet the criteria established under Homeland Security Presidential Directive–7 in effect as of January 1, 2009, and combine individual assessments of threat, vulnerability, and consequence;

(3) analyzing the assessments described in paragraph (2) to produce a comparative analysis of risk across the entire transportation sector to guide current and future investment decisions;

(4) establishing an approach for gathering data on investments by State, local, and private sector security partners in transportation security;

(5) establishing a plan and corresponding benchmarks for conducting risk assessments for the transportation sector that identify the scope of the assessments and resource requirements for completing them;

(6) establishing a strategy and timeline for effectuating the Administration’s intelligence-driven risk management approach and documenting the results of the assessment;

(7) optimizing the assignment of uncertainty or confidence levels to analytic intelligence products related to the Transportation Security Administration’s security mission and applying such approach; and

(8) establishing internal controls, including—

(A) a focal point and clearly defined roles and responsibilities for ensuring that the Administration’s risk management framework is implemented;

(B) policies, procedures, and guidance that require the implementation of the Administration’s framework and completion of related work activities; and

(C) a system to monitor and improve how effectively the framework is being implemented.

(c) Assessment and prioritization of risks.—

(1) IN GENERAL.—Consistent with the risk and threat assessments required under sections 114(s)(3)(B) and 44904(c) of title 49, United States Code, the report shall include—

(A) a summary that ranks the risks within and across transportation modes, including vulnerability of a cyber attack; and

(B) a description of the risk-based priorities for securing the transportation sector, both within and across modes, in the order that the priorities should be addressed.

(2) METHODS.—The report also shall—

(A) describe the underlying methodologies used to assess risks across and within each transportation mode and the basis for any assumptions regarding threats, vulnerabilities, and consequences made in assessing and prioritizing risks within and across such modes; and

(B) include the Assistant Secretary’s working definition of the terms “risk-based” and “risk-informed”.

(d) Format.—The report shall be submitted in classified or unclassified formats, as appropriate.

SEC. 621. Screening air cargo and checked baggage.

Section 44901(e)(1) of title 49, United States Code, is amended to read as follows:

“(1) A bag match program, ensuring that no checked baggage is placed aboard an aircraft unless the passenger who checked the baggage is aboard the aircraft, is not authorized as an alternate method of baggage screening where explosive detection equipment is available unless there are exigent circumstances as determined by the Assistant Secretary. The Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives within 90 days of the determination that bag match must be used as an alternate method of baggage screening.”.

SEC. 622. Prohibition of advance notice of covert testing to security screeners.

(a) Covert testing.—Section 44935 of title 49, United States Code, is amended—

(1) by redesignating the second subsection (i) (as redesignated by section 111(a)(1) of Public Law 107–71 (115 Stat. 616), relating to accessibility of computer-based training facilities) as subsection (k); and

(2) by adding at the end the following new subsection:

“(l) Prohibition of advance notice to security screeners of covert testing and evaluation.—

“(1) IN GENERAL.—The Assistant Secretary shall ensure that information concerning a covert test of a transportation security system to be conducted by a covert testing office, the Inspector General of the Department of Homeland Security, or the Government Accountability Office is not provided to any individual prior to the completion of the test.

“(2) EXCEPTIONS.—Notwithstanding paragraph (1)—

“(A) an authorized individual involved in a covert test of a transportation security system may provide information concerning the covert test to—

“(i) employees, officers, and contractors of the Federal Government (including military personnel);

“(ii) employees and officers of State and local governments; and

“(iii) law enforcement officials who are authorized to receive or directed to be provided such information by the Assistant Secretary, the Inspector General of the Department of Homeland Security, or the Comptroller General, as the case may be; and

“(B) for the purpose of ensuring the security of any individual in the vicinity of a site where a covert test of a transportation security system is being conducted, an individual conducting the test may disclose his or her status as an individual conducting the test to any appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting the test as a potential threat.

“(3) SPECIAL RULES FOR TSA.—

“(A) MONITORING AND SECURITY OF TESTING PERSONNEL.—The head of each covert testing office shall ensure that a person or group of persons conducting a covert test of a transportation security system for the covert testing office is accompanied at the site of the test by a cover team composed of one or more employees of the covert testing office for the purpose of monitoring the test and confirming the identity of personnel involved in the test under subparagraph (B).

“(B) RESPONSIBILITY OF COVER TEAM.—Under this paragraph, a cover team for a covert test of a transportation security system shall—

“(i) monitor the test; and

“(ii) for the purpose of ensuring the security of any individual in the vicinity of a site where the test is being conducted, confirm, notwithstanding paragraph (1), the identity of any individual conducting the test to any appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting the test as a potential threat.

“(C) AVIATION SCREENING.—Notwithstanding subparagraph (A), the Transportation Security Administration is not required to have a cover team present during a test of the screening of persons, carry-on items, or checked baggage at an aviation security checkpoint at or serving an airport if the test—

“(i) is approved, in coordination with the designated security official for the airport operator by the Federal Security Director for such airport; and

“(ii) is carried out under an aviation screening assessment program of the Department of Homeland Security.

“(D) USE OF OTHER PERSONNEL.—The Transportation Security Administration may use employees, officers, and contractors of the Federal Government (including military personnel) and employees and officers of State and local governments to conduct covert tests.

“(4) DEFINITIONS.—In this subsection, the following definitions apply:

“(A) APPROPRIATE INDIVIDUAL.—The term ‘appropriate individual’, as used with respect to a covert test of a transportation security system, means any individual that—

“(i) the individual conducting the test determines needs to know his or her status as an individual conducting a test under paragraph (2)(B); or

“(ii) the cover team monitoring the test under paragraph (3)(B)(i) determines needs to know the identity of an individual conducting the test.

“(B) COVERED EMPLOYEE.—The term ‘covered employee’ means any individual who receives notice of a covert test before the completion of a test under paragraph (2)(A).

“(C) COVERT TEST.—

“(i) IN GENERAL.—The term ‘covert test’ means an exercise or activity conducted by a covert testing office, the Inspector General of the Department of Homeland Security, or the Government Accountability Office to intentionally test, compromise, or circumvent transportation security systems to identify vulnerabilities in such systems.

“(ii) LIMITATION.—Notwithstanding clause (i), the term ‘covert test’ does not mean an exercise or activity by an employee or contractor of the Transportation Security Administration to test or assess compliance with relevant regulations.

“(D) COVERT TESTING OFFICE.—The term ‘covert testing office’ means any office of the Transportation Security Administration designated by the Assistant Secretary to conduct covert tests of transportation security systems.

“(E) EMPLOYEE OF A COVERT TESTING OFFICE.—The term ‘employee of a covert testing office’ means an individual who is an employee of a covert testing office or a contractor or an employee of a contractor of a covert testing office.”.

(b) Uniforms.—Section 44935(j) of such title is amended—

(1) by striking “The Under Secretary” and inserting the following:

“(1) UNIFORM REQUIREMENT.—The Assistant Secretary”; and

(2) by adding at the end the following:

“(2) ALLOWANCE.—The Assistant Secretary may grant a uniform allowance of not less than $300 to any individual who screens passengers and property pursuant to section 44901.”.

SEC. 623. Secure verification system for law enforcement officers.

Section 44917 of title 49, United States Code, is amended by adding at the end the following:

“(e) Secure verification system for law enforcement officers.—

“(1) IN GENERAL.—The Assistant Secretary shall develop a plan for a system to securely verify the identity and status of law enforcement officers flying while armed. The Assistant Secretary shall ensure that the system developed includes a biometric component.

“(2) DEMONSTRATION.—The Assistant Secretary shall conduct a demonstration program to test the secure verification system described in paragraph (1) before issuing regulations for deployment of the system.

“(3) CONSULTATION.—The Assistant Secretary shall consult with the Aviation Security Advisory Committee, established under section 44946 of title 49, United States Code, when developing the system and evaluating the demonstration program.

“(4) REPORT.—The Assistant Secretary shall submit a report to the Committee on Homeland Security of the House of Representatives, evaluating the demonstration program of the secure verification system required by this section.

“(5) AUTHORIZATION OF APPROPRIATIONS.—From the amounts authorized under section 611 of the Transportation Security Administration Authorization Act, there is authorized to be appropriated to carry out this subsection $10,000,000, to remain available until expended.”.

SEC. 624. Ombudsman for Federal Air Marshal Service.

Section 44917 of title 49, United States Code, as amended by section 623 of this Act, is further amended by adding at the end the following:

“(f) Ombudsman.—

“(1) ESTABLISHMENT.—The Assistant Secretary shall establish in the Federal Air Marshal Service an Office of the Ombudsman.

“(2) APPOINTMENT.—The head of the Office shall be the Ombudsman, who shall be appointed by the Assistant Secretary.

“(3) DUTIES.—The Ombudsman shall carry out programs and activities to improve morale, training, and quality of life issues in the Service, including through implementation of the recommendations of the Inspector General of the Department of Homeland Security and the Comptroller General.”.

SEC. 625. Federal flight deck officer program enhancements.

(a) Establishment.—Section 44921(a) of title 49, United States Code, is amended by striking the following: “The Under Secretary of Transportation for Security” and inserting “The Secretary of Homeland Security, acting through the Assistant Secretary (Transportation Security Administration)”.

(b) Administrators.—Section 44921(b) of title 49, United States Code, is amended—

(1) by striking “Under” in paragraphs (1), (2), (4), (6), and (7); and

(2) by adding at the end the following:

“(8) ADMINISTRATORS.—The Assistant Secretary shall implement an appropriately sized administrative structure to manage the program, including overseeing—

“(A) eligibility and requirement protocols administration; and

“(B) communication with Federal flight deck officers.”.

(c) Training, supervision, and equipment.—Section 44921(c)(2)(C) of such title is amended by adding at the end the following:

“(iv) USE OF FEDERAL AIR MARSHAL SERVICE FIELD OFFICE FACILITIES.—In addition to dedicated Government and contract training facilities, the Assistant Secretary shall require that field office facilities of the Federal Air Marshal Service be used for the administrative and training needs of the program. Such facilities shall be available to Federal flight deck officers at no cost for firearms training and qualification, defensive tactics training, and program administrative assistance.”.

(d) Reimbursement.—Section 44921 of such title is amended by adding at the end the following:

“(l) Reimbursement.—The Secretary, acting through the Assistant Secretary, shall reimburse all Federal flight deck officers for expenses incurred to complete a recurrent and requalifying training requirement necessary to continue to serve as a Federal flight deck officer. Eligible expenses under this subsection include ground transportation, lodging, meals, and ammunition, to complete any required training as determined by the Assistant Secretary.”.

SEC. 626. Federal air marshals.

Section 44917 of title 49, United States Code, is amended by adding at the end the following:

“(e) Criminal investigative training program.—

“(1) NEW EMPLOYEE TRAINING.—Not later than 30 days after the date of enactment of this subsection, the Federal Air Marshal Service shall require Federal air marshals hired after such date to complete the criminal investigative training program at the Federal Law Enforcement Training Center as part of basic training for Federal air marshals.

“(2) EXISTING EMPLOYEES.—A Federal air marshal who has previously completed the criminal investigative training program shall not be required to repeat such program.

“(3) ALTERNATIVE TRAINING.—Not later than 3 years after the date of enactment of this subsection, an air marshal hired before such date who has not completed the criminal investigative training program shall be required to complete a alternative training program, as determined by the Director of the Federal Law Enforcement Training Center, that provides the training necessary to bridge the gap between the mixed basic police training, the Federal air marshal programs already completed by the Federal air marshal and the criminal investigative training provided through the criminal investigative training program. Any such alternative program shall be deemed to have met the standards of the criminal investigative training program.

“(4) AUTHORIZATION OF APPROPRIATIONS.—Not less than $3,000,000 is authorized to be appropriated for fiscal year 2011 to carry out this subsection.

“(5) SAVINGS CLAUSE.—Nothing in this subsection shall be construed to reclassify Federal air marshals as criminal investigators.”.

SEC. 627. Assistant Secretary defined.

(a) In general.—Subchapter II of chapter 449 of title 49, United States Code, is amended by inserting before section 44933 the following:

§ 44931. Assistant Secretary defined

“(a) In general.—In this chapter—

“(1) the term ‘Assistant Secretary’ means the Assistant Secretary (Transportation Security Administration); and

“(2) any reference to the Administrator of the Transportation Security Administration, the Under Secretary of Transportation for Security, the Under Secretary of Transportation for Transportation Security, or the Under Secretary for Transportation Security shall be deemed to be a reference to the Assistant Secretary.

“(b) Authorities vested in Assistant Secretary.—Any authority vested in the Assistant Secretary under this chapter shall be carried out under the direction and control of the Secretary of Homeland Security.”.

(b) Clerical amendment.—The analysis for such subchapter is amended by inserting before the item relating to section 44933 the following:


“44931. Assistant Secretary defined.”.

SEC. 628. TSA and homeland security information sharing.

(a) Federal security director.—Section 44933 of title 49, United States Code, is amended—

(1) in the section heading, by striking “Managers” and inserting “Directors”;

(2) by striking “Manager” each place it appears and inserting “Director”;

(3) by striking “Managers” each place it appears and inserting “Directors”; and

(4) by adding at the end the following:

“(c) Information sharing.—Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall—

“(1) require an airport security plan to have clear reporting procedures to provide that the Federal Security Director of the airport is immediately notified whenever any Federal, State, or local law enforcement personnel are called to an aircraft at a gate or on an airfield at the airport to respond to any security matter;

“(2) require each Federal Security Director of an airport to meet at least quarterly with law enforcement agencies serving the airport to discuss incident management protocols; and

“(3) require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the airport operator in a timely manner on security matters impacting airport operations and to establish and maintain operational protocols with airport operators to ensure coordinated responses to security matters.”.

(b) Conforming amendments.—

(1) Section 114(f)(6) of title 49, United States Code, is amended by striking “Managers” and inserting “Directors”.

(2) Section 44940(a)(1)(F) of title 49, United States Code, is amended by striking “Managers” and inserting “Directors”.

(c) Technical amendment.—The chapter analysis for chapter 449 is amended by striking the item relating to section 44933 and inserting the following:


“44933. Federal Security Directors.”.

SEC. 629. Aviation security stakeholder participation.

(a) In general.—Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following:

§ 44946. Aviation Security Advisory Committee

“(a) Establishment of Aviation Security Advisory Committee.—

“(1) IN GENERAL.—The Assistant Secretary shall establish in the Transportation Security Administration an advisory committee, to be known as the Aviation Security Advisory Committee (in this chapter referred to as the ‘Advisory Committee’), to assist the Assistant Secretary with issues pertaining to aviation security, including credentialing.

“(2) RECOMMENDATIONS.—The Assistant Secretary shall require the Advisory Committee to develop recommendations for improvements to civil aviation security methods, equipment, and processes.

“(3) MEETINGS.—The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary.

“(4) UNPAID POSITION.—Advisory Committee members shall serve at their own expense and receive no salary, reimbursement of travel expenses, or other compensation from the Federal Government.

“(b) Membership.—

“(1) MEMBER ORGANIZATIONS.—The Assistant Secretary shall ensure that the Advisory Committee is composed of not more than one individual representing not more than 27 member organizations, including representation of air carriers, all cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, aircraft manufacturers, airport operators, general aviation, and the aviation technology security industry, including biometrics.

“(2) APPOINTMENTS.—Members shall be appointed by the Assistant Secretary, and the Assistant Secretary shall have the discretion to review the participation of any Advisory Committee member and remove for cause at any time.

“(c) Nonapplicability of FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee under this section.

“(d) Air cargo security working group.—

“(1) IN GENERAL.—The Assistant Secretary shall establish within the Advisory Committee an air cargo security working group to provide recommendations for air cargo security issues, including the implementation of the air cargo screening initiatives proposed by the Transportation Security Administration to screen air cargo on passenger aircraft in accordance with established cargo screening mandates.

“(2) MEETINGS.—The working group shall meet at least semiannually and provide annual reports to the Assistant Secretary with recommendations to improve the Administration’s cargo screening initiatives established to meet all cargo screening mandates set forth in section 44901(g) of title 49, United States Code.

“(3) MEMBERSHIP.—The working group shall include members from the Advisory Committee with expertise in air cargo operations and representatives from other stakeholders as determined by the Assistant Secretary.

“(4) REPORTS.—

“(A) IN GENERAL.—The working group shall prepare and submit reports to the Assistant Secretary in accordance with this paragraph that provide cargo screening mandate implementation recommendations.

“(B) SUBMISSION.—Not later than one year after the date of enactment of this section and on an annual basis thereafter, the working group shall submit its first report to the Assistant Secretary, including any recommendations of the group—

“(i) to reduce redundancies and increase efficiencies with the screening and inspection of inbound cargo; and

“(ii) on the potential development of a fee structure to help sustain cargo screening efforts.”.

(b) Clerical amendment.—The analysis for such subchapter is amended by adding at the end the following:


“44946. Aviation Security Advisory Committee.”.

SEC. 630. General aviation security.

(a) In general.—Subchapter II of chapter 449 of title 49, United States Code, as amended by section 629 of this Act, is further amended by adding at the end the following:

§ 44947. General aviation security

“(a) General aviation security grant program.—

“(1) IN GENERAL.—The Assistant Secretary shall carry out a general aviation security grant program to enhance transportation security at general aviation airports by making grants to operators of general aviation airports for projects to enhance perimeter security, airfield security, and terminal security.

“(2) ELIGIBLE PROJECTS.—Not later than one year after the date of submission of the first report of the working group under subsection (b), the Assistant Secretary shall develop and make publically available a list of approved eligible projects for such grants under paragraph (1) based upon recommendations made by the working group in such report.

“(3) FEDERAL SHARE.—The Federal share of the cost of activities for which grants are made under this subsection shall be 90 percent.

“(4) PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE PROCEDURES.—

“(A) PRESUMPTION.—It is the presumption of Congress that grants awarded under this section will be awarded using competitive procedures based on risk.

“(B) REPORT TO CONGRESS.—If grants are awarded under this section using procedures other than competitive procedures, the Assistant Secretary shall submit to Congress a report explaining why competitive procedures were not used.

“(b) General aviation security working group.—

“(1) IN GENERAL.—The Assistant Secretary shall establish, within the Aviation Security Advisory Committee established under section 44946, a general aviation working group to advise the Transportation Security Administration regarding transportation security issues for general aviation facilities, general aviation aircraft, heliports, and helicopter operations at general aviation and commercial service airports.

“(2) MEETINGS.—The working group shall meet at least semiannually and may convene additional meetings as necessary.

“(3) MEMBERSHIP.—The Assistant Secretary shall appoint members from the Aviation Security Advisory Committee with general aviation experience.

“(4) REPORTS.—

“(A) SUBMISSION.—The working group shall submit a report to the Assistant Secretary with recommendations on ways to improve security at general aviation airports.

“(B) CONTENTS OF REPORT.—The report of the working group submitted to the Assistant Secretary under this paragraph shall include any recommendations of the working group for eligible security enhancement projects at general aviation airports to be funded by grants under subsection (a).

“(C) SUBSEQUENT REPORTS.—After submitting the report, the working group shall continue to report to the Assistant Secretary on general aviation aircraft and airports.

“(c) Authorization of Appropriations.—From amounts made available under section 611 of the Transportation Security Administration Authorization Act, there is authorized to be appropriated for making grants under subsection (a) $20,000,000 for fiscal year 2011. None of the funds appropriated pursuant to this subsection may be used for a congressional earmark as defined in clause 9d, of Rule XXI of the rules of the House of Representatives of the 111th Congress.”.

(b) Clerical amendment.—The analysis for such subchapter is further amended by adding at the end the following:


“44947. General aviation security.”.

SEC. 631. Security and self-defense training.

(a) Section 44918(b) of title 49, United States Code, is amended—

(1) by striking paragraph (1) and inserting the following:

“(1) SELF-DEFENSE TRAINING PROGRAM.—Not later than 1 year after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall provide advanced self-defense training of not less than 5 hours during each 2-year period for all cabin crewmembers. The Assistant Secretary shall consult with the Advisory Committee established under section 44946 and cabin crew and air carrier representatives in developing a plan for providing self-defense training in conjunction with existing recurrent training.”;

(2) by striking paragraph (3) and inserting the following:

“(3) PARTICIPATION.—A crewmember shall not be required to engage in any physical contact during the training program under this subsection.”; and

(3) by striking paragraph (4) and redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively.

(b) Security training.—Section 44918(a)(6) of title 49, United States Code, is amended by adding at the end the following: “The Assistant Secretary shall establish an oversight program for security training of cabin crewmembers that includes developing performance measures and strategic goals for air carriers, and standard protocols for Transportation Security Administration oversight inspectors, in accordance with recommendations by the Inspector General of the Department of Homeland Security and the Comptroller General.”.

SEC. 632. Security screening of individuals with metal implants traveling in air transportation.

(a) In general.—Section 44903 of title 49, United States Code, is amended by adding at the end the following:

“(m) Security screening of individuals with metal implants traveling in air transportation.—

“(1) IN GENERAL.—The Assistant Secretary shall carry out a program to ensure fair treatment in the screening of individuals with metal implants traveling in air transportation.

“(2) PLAN.—Not later than 6 months after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall submit a plan to the Committee on Homeland Security of the House of Representatives for improving security screening procedures for individuals with metal implants to limit disruptions in the screening process while maintaining security. The plan shall include an analysis of approaches to limit such disruptions for individuals with metal implants, and benchmarks for implementing changes to the screening process and the establishment of a credential or system that incorporates biometric technology and other applicable technologies to verify the identity of an individual who has a metal implant.

“(3) PROGRAM.—Not later than 12 months after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall implement a program to improve security screening procedures for individuals with metal implants to limit disruptions in the screening process while maintaining security, including a credential or system that incorporates biometric technology or other applicable technologies to verify the identity of an individual who has a metal implant.

“(4) METAL IMPLANT DEFINED.—In this paragraph, the term ‘metal implant’ means a metal device or object that has been surgically implanted or otherwise placed in the body of an individual, including any metal device used in a hip or knee replacement, metal plate, metal screw, metal rod inside a bone, and other metal orthopedic implants.”.

(b) Effective date.—Not later than 180 days after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary of Homeland Security shall submit the plan for security screening procedures for individuals with metal implants, as required by section 44903(m) of title 49, United States Code.

SEC. 633. Prohibition on outsourcing.

Section 44903(j)(2)(C) of title 49, United States Code, is amended by adding at the end the following new clause:

“(v) OUTSOURCING PROHIBITED.—Upon implementation of the advanced passenger prescreening system required by this section, the Assistant Secretary shall prohibit any non-governmental entity from administering the function of comparing passenger information to the automatic selectee and no fly lists, consolidated and integrated terrorist watchlists, or any list or database derived from such watchlists for activities related to aviation security. The Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate when any non-governmental entity is authorized access to the watchlists described in this clause.”.

SEC. 634. Known air traveler credential.

(a) Establishment.—Section 44903(h) of title 49, United States Code, is amended—

(1) by redesignating paragraph (7) as paragraph (8); and

(2) by inserting after paragraph (6) the following:

“(7) KNOWN AIR TRAVELER CREDENTIAL.—Not later than 6 months after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary shall—

“(A) establish a known air traveler credential that incorporates biometric identifier technology;

“(B) establish a process by which the credential will be used to verify the identity of known air travelers and allow them expedited passenger and carry-on baggage screening;

“(C) establish procedures—

“(i) to ensure that only known air travelers are issued the known air traveler credential;

“(ii) to resolve failures to enroll, false matches, and false nonmatches relating to use of the known air traveler credential; and

“(iii) to invalidate any known air traveler credential that is lost, stolen, or no longer authorized for use;

“(D) begin issuance of the known air traveler credential to each known air traveler that applies for a credential; and

“(E) take such other actions with respect to the known air traveler credential as the Assistant Secretary considers appropriate.”.

(b) Known air traveler defined.—Section 44903(h)(8) of such title (as redesignated by subsection (a) of this section) is amended—

(1) by redesignating subparagraph (F) as subparagraph (G); and

(2) by inserting after subparagraph (E) the following:

“(F) KNOWN AIR TRAVELER.—The term ‘known air traveler’ means a United States citizen who—

“(i) has received a security clearance from the Federal Government;

“(ii) is a Federal Aviation Administration certificated pilot, flight crew member, or cabin crew member;

“(iii) is a Federal, State, local, tribal, or territorial government law enforcement officer not covered by paragraph (6);

“(iv) is a member of the armed forces (as defined by section 101 of title 10) who has received a security clearance from the Federal Government; or

“(v) the Assistant Secretary determines has appropriate security qualifications for inclusion under this subparagraph.”.

SEC. 635. Advanced imaging technology.

(a) In general.—The Assistant Secretary shall ensure that advanced imaging technology systems are procured and deployed in a timely manner in the Nation’s commercial airports. Such systems may be utilized as a primary method of screening aviation passengers.

(b) Alternatives required.—Notwithstanding subsection (a), the Assistant Secretary shall prescribe for alternative screening processes or equipment in lieu of screening by advanced imaging technology, if such alternative results in a comparable level of security.

(c) Risk-Based deployment.—The Assistant Secretary shall ensure that advanced imaging technology systems are deployed on a risk-based basis and consistent with the Transportation Security Administration’s most recent strategic plans for passenger checkpoint security.

(d) Description of advanced imaging technology.—Advanced imaging technology deployed under this section shall meet qualification standards set by the Transportation Security Administration and shall be capable of safely and nonintrusively screening a passenger’s whole body.

(e) Information on advanced imaging technology at the checkpoint.—Information and pictorials of generic images produced by advanced imaging technology shall be posted at each commercial airport checkpoint where advanced imaging technology is deployed. Such information shall include alternative screening procedures required under subsection (b). The Assistant Secretary shall ensure that transportation security administration personnel are available to speak with passengers regarding advanced imaging technology at each commercial airport checkpoint where advanced imaging technology is deployed.

(f) Annual report.—The Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, in conjunction with the Department’s annual budget submission to the Congress for fiscal years 2012, 2013, 2014, and 2015, a report that includes—

(1) an updated privacy impact assessment of advanced imaging technology;

(2) an analysis of the results of covert testing conducted by the Transportation Security Administration’s Office of Inspections and Office of Security Operations; and

(3) an analysis of the Transportation Security Administration’s personnel model including a detailed breakdown of personnel required to operate advanced imaging technology equipment.

(g) International harmonization.—The Secretary shall work with foreign nations, foreign civil aviation authorities, international organizations, and associations including the International Civil Aviation Organization, to set binding international standards for passenger checkpoint security at commercial airports worldwide.

(h) Foreign assistance authorized.—The Assistant Secretary may lend, lease, donate, or otherwise provide security-related equipment, including advanced imaging technology, and provide technical training and support, to any foreign airport if—

(1) the airport serves as a last point of departure prior to an aircraft’s entry into the United States;

(2) the equipment, training, or support would assist in bringing the airport into compliance (or exceed compliance) with applicable International Civil Aviation Organization standards; and

(3) such assistance is based upon the assessment of the risks to the security of the United States and the ability of the airport to otherwise provide adequate security for passengers and aircraft bound for the United States.

(i) Authorization of Appropriations.—Of the amount appropriated to the Secretary under section 611, there is authorized to be appropriated to the Secretary for advanced imaging technology systems $250,000,000 for fiscal year 2011.

SEC. 636. Security risk assessment of airport perimeter access controls.

(a) In general.—The Assistant Secretary shall develop a strategic risk-based plan to improve transportation security at airports that includes best practices to make airport perimeter access controls more secure at all commercial service and general aviation airports.

(b) Contents.—The plan shall—

(1) incorporate best practices for enhanced perimeter access controls;

(2) evaluate and incorporate major findings of all relevant pilot programs of the Transportation Security Administration;

(3) address recommendations of the Comptroller General on perimeter access controls;

(4) include a requirement that airports update their security plans to incorporate the best practices, as appropriate, based on risk and adapt the best practices to meet the needs specific to their facilities; and

(5) include an assessment of the role of new and emerging technologies, including unmanned and autonomous perimeter security technologies, that could be utilized at both commercial and general aviation facilities.

SEC. 637. Advanced passenger prescreening system.

(a) Initial report.—Not later than 90 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—

(1) describes the progress made by the Department of Homeland Security in implementing the advanced passenger prescreening system;

(2) compares the total number of misidentified passengers who must undergo secondary screening or have been prevented from boarding a plane during the 3-month period beginning 90 days before the date of enactment of this Act with the 3-month period beginning 90 days after such date; and

(3) includes any other relevant recommendations that the Inspector General of the Department of Homeland Security or the Comptroller General determines appropriate.

(b) Subsequent reports.—The Comptroller General shall submit subsequent reports on the implementation to such Committees every 90 days thereafter until the implementation is complete.

SEC. 638. Biometric identifier airport access enhancement demonstration program.

(a) In general.—The Assistant Secretary shall carry out a demonstration program under which biometric identifier access systems for individuals with unescorted access to secure or sterile areas of an airport, including airport employees and flight crews, are evaluated for the purposes of enhancing transportation security at airports and to determine how airports can implement uniform biometric identifier and interoperable security systems.

(b) Airports participating in program.—The Assistant Secretary shall select at least 7 airports, including at least 2 large airports, to participate in the demonstration program.

(c) Initiation and duration of program.—

(1) DEADLINE FOR INITIATION.—The Assistant Secretary shall conduct the demonstration program not later than one year after the date of enactment of this Act.

(2) DURATION.—The program shall have a duration of not less than 180 days and not more than one year.

(d) Required elements.—In conducting the demonstration program, the Assistant Secretary shall—

(1) assess best operational, administrative, and management practices in creating uniform, standards-based, and interoperable biometric identifier systems for all individuals with access to secure or sterile areas of commercial service airports; and

(2) conduct a risk-based analysis of the selected airports and other airports, as the Assistant Secretary determines appropriate, to identify where the implementation of biometric identifier systems could benefit security.

(e) Considerations.—In conducting the demonstration program, the Assistant Secretary shall consider, at a minimum, the following:

(1) PARALLEL SYSTEMS.—Existing parallel biometric transportation security systems applicable to workers with unescorted access to transportation systems, including—

(A) transportation worker identification credentials issued under section 70105 of title 46, United States Code;

(B) armed law enforcement travel credentials issued under section 44903(h)(6) of title 49, United States Code; and

(C) other credential and biometric identifier systems used by the Federal Government, as the Assistant Secretary considers appropriate.

(2) EFFORTS BY TRANSPORTATION SECURITY ADMINISTRATION.—Any biometric identifier system or proposals developed by the Assistant Secretary.

(3) INFRASTRUCTURE AND TECHNICAL REQUIREMENTS.—The architecture, modules, interfaces, and transmission of data needed for airport security operations.

(4) EXISTING AIRPORT SYSTEMS.—Cre­den­tial­ing and access control systems in use in secure and sterile areas of airports.

(5) ASSOCIATED COSTS.—The costs of implementing uniform, standards-based, and interoperable biometric identifier systems at airports, including—

(A) the costs to airport operators, airport workers, air carriers, and other aviation industry stakeholders; and

(B) the costs associated with ongoing operations and maintenance and modifications and enhancements needed to support changes in physical and electronic infrastructure.

(6) INFORMATION FROM OTHER SOURCES.—Recommendations, guidance, and information from other sources, including the Inspector General of the Department of Homeland Security, the Comptroller General, the heads of other governmental entities, organizations representing airport workers, and private individuals and organizations.

(f) Identification of best practices.—In conducting the demonstration program, the Assistant Secretary shall identify best practices for the administration of biometric identifier access at airports, including best practices for each of the following processes:

(1) Registration, vetting, and enrollment.

(2) Issuance.

(3) Verification and use.

(4) Expiration and revocation.

(5) Development of a cost structure for acquisition of biometric identifier credentials.

(6) Development of redress processes for workers.

(g) Consultation.—In conducting the demonstration program, the Assistant Secretary shall consult with the Aviation Security Advisory Committee regarding how airports may transition to uniform, standards-based, and interoperable biometric identifier systems for airport workers and others with unescorted access to secure or sterile areas of an airport.

(h) Evaluation.—The Assistant Secretary shall conduct an evaluation of the demonstration program to specifically assess best operational, administrative, and management practices in creating a standard, interoperable, biometric identifier access system for all individuals with access to secure or sterile areas of commercial service airports.

(i) Report to Congress.—Not later than 180 days after the last day of that demonstration program ends, the Assistant Secretary shall submit to the appropriate congressional committees, including the Committee on Homeland Security of the House of Representatives, a report on the results of the demonstration program. The report shall include possible incentives for airports that voluntarily seek to implement uniform, standards-based, and interoperable biometric identifier systems.

(j) Biometric identifier system defined.—In this section, the term “biometric identifier system” means a system that uses biometric identifier information to match individuals and confirm identity for transportation security and other purposes.

(k) Authorization of appropriations.—From amounts authorized under section 611, there is authorized to be appropriated a total of $20,000,000 to carry out this section for fiscal year 2011.

SEC. 639. Transportation security training programs.

Not later than one year after the date of enactment of this Act, the Assistant Secretary shall establish recurring training of transportation security officers regarding updates to screening procedures and technologies in response to weaknesses identified in covert tests at airports. The training shall include—

(1) internal controls for monitoring and documenting compliance of transportation security officers with training requirements;

(2) the availability of high-speed Internet and Intranet connectivity to all airport training facilities of the Administration; and

(3) such other matters as identified by the Assistant Secretary with regard to training.

SEC. 640. Deployment of technology approved by science and technology directorate.

(a) In general.—The Assistant Secretary, in consultation with the Directorate of Science and Technology of the Department of Homeland Security, shall develop and submit to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, a strategic plan for the certification and integration of technologies for transportation security with high approval or testing results from the Directorate and the Transportation Security Laboratory of the Department.

(b) Contents of strategic plan.—The strategic plan developed under subsection (a) shall include—

(1) a cost-benefit analysis to assist in pri­or­i­tiz­ing investments in new checkpoint screening technologies that compare the costs and benefits of screening technologies being considered for development or acquisition with the costs and benefits of other viable alternatives;

(2) quantifiable performance measures to assess the extent to which investments in research, development, and deployment of checkpoint screening technologies achieve performance goals for enhancing security at airport passenger checkpoints; and

(3) a method to ensure that operational tests and evaluations have been successfully completed in an operational environment before deploying checkpoint screening technologies to airport checkpoints.

(c) Report to Congress.—

(1) IN GENERAL.—The Assistant Secretary shall submit to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, an annual report on the status of all technologies that have undergone testing and evaluation, including technologies that have been certified by the Department, and any technologies used in a demonstration program administered by the Administration. The report shall also specify whether the technology was submitted by an academic institution, including an institution of higher education eligible to receive assistance under title III or V of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq. and 1101 et seq.).

(2) FIRST REPORT.—The first report submitted under this subsection shall assess such technologies for a period of not less than 2 years.

SEC. 641. In-line baggage screening study.

The Assistant Secretary shall consult with the Advisory Committee and report to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, on deploying optimal baggage screening solutions and replacing baggage screening equipment nearing the end of its life cycle at commercial service airports. Specifically, the report shall address the Administration’s plans, estimated costs, and current benchmarks for replacing explosive detection equipment that is nearing the end of its life cycle.

SEC. 642. In-line checked baggage screening systems.

(a) Findings.—Congress finds the following:

(1) Since its inception, the Administration has procured and installed over 2,000 explosive detection systems (referred to in this section as “EDS”) and 8,000 explosive trace detection (referred to in this section as “ETD”) systems to screen checked baggage for explosives at the Nation’s commercial airports.

(2) Initial deployment of stand-alone EDS machines in airport lobbies resulted in operational inefficiencies and security risks as compared to using EDS machines integrated in-line with airport baggage conveyor systems.

(3) The Administration has acknowledged the advantages of fully integrating in-line checked baggage EDS systems, especially at large airports. According to the Administration, in-line EDS systems have proven to be cost-effective and more accurate at detecting dangerous items.

(4) As a result of the large up-front capital investment required, these systems have not been deployed on a wide-scale basis. The Administration estimates that installing and operating the optimal checked baggage screening systems could potentially cost more than $20,000,000,000 over 20 years.

(5) Nearly $2,000,000,000 has been appropriated for the installation of in-line explosive detection systems, including necessary baggage handling system improvements, since 2007.

(b) GAO report.—The Comptroller General shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the Administration’s progress in deploying optimal baggage screening solutions and replacing aging baggage screening equipment at the Nation’s commercial airports. The report shall also include an analysis of the Administration’s methodology for expending public funds to deploy in-line explosive detection systems since 2007. The report shall address, at a minimum—

(1) the Administration’s progress in deploying optimal screening solutions at the Nation’s largest commercial airports, including resources obligated and expended through fiscal year 2009;

(2) the potential benefits and challenges associated with the deployment of optimal screening solutions at the Nation’s commercial airports; and

(3) the Administration’s plans, estimated costs, and current milestones for replacing EDS machines that are nearing the end of their estimated useful product lives.

(c) Updates required.—Not later than 6 months after submitting the report required in subsection (b) and every 6 months thereafter until the funds appropriated for such systems are expended, the Comptroller General shall provide the Committee on Homeland Security of the House of Representatives an update regarding its analysis of the Administration’s expenditures for explosive detection and in-line baggage systems.

SEC. 643. Inspector General report on certain policies for Federal air marshals.

Not later than 120 days after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall review the minimum standards and policies regarding rest periods between deployments and any other standards or policies applicable to Federal air marshals reporting to duty. After such review, the Inspector General shall make any recommendations to such standards and policies the Inspector General considers necessary to ensure an alert and responsible workforce of Federal air marshals.

SEC. 644. Explosives detection canine teams minimum for aviation security.

(a) Aviation security.—The Assistant Secretary shall ensure that the number of explosives detection canine teams for aviation security is not less than 250 through fiscal year 2011.

(b) Cargo screening.—The Secretary shall increase the number of canine detection teams, as of the date of enactment of this Act, deployed for the purpose of meeting the 100 percent air cargo screening requirement set forth in section 44901(g) of title 49, United States Code, by not less than 100 canine teams through fiscal year 2011.

SEC. 645. Assessments and GAO Report of inbound air cargo screening.

Section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (121 Stat. 478) is amended by inserting at the end the following:

“(c) Assessment of inbound compliance.—Upon establishment of the inbound air cargo screening system, the Assistant Secretary shall submit a report to the Committee on Homeland Security in the House of Representatives on the impact, rationale, and percentage of air cargo being exempted from screening under exemptions granted under section 44901(i)(1) of title 49, United States Code.

“(d) GAO report.—Not later than 120 days after the date of enactment of this Act and quarterly thereafter until December 31, 2015, the Comptroller General shall review the air cargo screening system for inbound passenger aircraft and report to the Committee on Homeland Security in the House of Representatives on the status of implementation, including the approximate percentage of cargo being screened, as well as the Administration’s methods to verify the screening system’s implementation.”.

SEC. 646. Status of efforts to promote air cargo shipper certification.

Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the implementation of the Administration’s plan to promote a program to certify the screening methods used by shippers in a timely manner, in accordance with section 44901(g) of title 49, United States Code, including participation by shippers with robust and mature internal security programs.

SEC. 647. Full and open competition in security background screening service.

Not later than 9 months after the date of enactment of this section, the Secretary shall publish in the Federal Register a notice that the selection process for security background screening services for persons requiring background screening in the aviation industry is subject to full and open competition. The notice shall include—

(1) a statement that airports and other affected entities are not required to use a single service provider of background screening services and may use the services of other providers approved by the Assistant Secretary;

(2) any requirements for disposal of personally identifiable information by the approved provider by a date certain; and

(3) information on all technical specifications and other criteria required by the Assistant Secretary to approve a background screening service provider.

SEC. 648. Trusted passenger/Registered Traveler program.

(a) Assessments and background checks.—Subject to paragraph (2) and not later than 120 days after the date of enactment of this Act, to enhance aviation security through risk management at airport checkpoints through use of a trusted passenger program, commonly referred to as the Registered Traveler program, established pursuant to section 109(a)(3) of the Aviation Transportation Security Act (115 Stat. 597), the Assistant Secretary shall—

(1) reinstate an initial and continuous security threat assessment program as part of the Registered Traveler enrollment process; and

(2) allow Registered Traveler providers to perform private sector background checks as part of their enrollment process with assurance that the program shall be undertaken in a manner consistent with constitutional privacy and civil liberties protections and be subject to approval and oversight by the Assistant Secretary.

(b) Notification.—

(1) CONTENTS.—Not later than 180 days after the date of enactment of this Act, if the Assistant Secretary determines that the Registered Traveler program can be integrated into risk-based aviation security operations under subsection (a), the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding—

(A) the level of risk reduction provided by carrying out section (a); and

(B) how the Registered Traveler program has been integrated into risk-based aviation security operations.

(2) CHANGES TO PROTOCOL.—The Assistant Secretary shall also set forth what changes to the program, including screening protocols, have been implemented to realize the full potential of the Registered Traveler program.

(c) Treatment of individuals with top secret security clearances.—Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish protocols to—

(1) verify the identity of United States citizens who participate in the Registered Traveler program and possess a valid top secret security clearance granted by the Federal Government; and

(2) allow alternative screening procedures for individuals described in paragraph (1), including random, risk-based screening determined necessary to respond to a specific threat to security identified pursuant to a security threat assessment.

(d) Rule of construction.—Nothing in this section shall be construed to authorize any nongovernmental entity to perform vetting against the terrorist screening database maintained by the Administration.

SEC. 649. Report on cabin crew communication.

Not later than one year after the date of enactment of this Act, the Assistant Secretary, in consultation with the Advisory Committee established under section 44946 of title 49, United States Code, shall prepare a report that assesses technologies and includes standards for the use of wireless devices to enhance transportation security on aircraft for the purpose of ensuring communication between and among cabin crew and pilot crewmembers, embarked Federal air marshals, and authorized law enforcement officials, as appropriate.

SEC. 650. Air cargo crew training.

The Assistant Secretary, in consultation with the Advisory Committee established under section 44946 of title 49, United States Code, shall develop a plan for security training for the all-cargo aviation threats for pilots and, as appropriate, other crewmembers operating in all-cargo transportation.

SEC. 651. Reimbursement for airports that have incurred eligible costs.

(a) Process.—Section 1604(b)(2) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (121 Stat. 481) is amended to read as follows:

“(2) AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.—

“(A) IN GENERAL.—Not later than 60 days after the date of enactment of the Transportation Security Administration Authorization Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish a process for resolving reimbursement claims for airports that have incurred, before the date of enactment of this Act, eligible costs associated with development of partial or completed in-line baggage systems.

“(B) PROCESS FOR RECEIVING REIMBURSEMENT.—The process shall allow an airport—

“(i) to submit a claim to the Assistant Secretary for reimbursement for eligible costs described in subparagraph (A); and

“(ii) not later than 180 days after date on which the airport submits the claim, to receive a determination on the claim and, if the determination is positive, to be reimbursed.

“(C) REPORT.—Not later than 60 days after the date on which the Assistant Secretary establishes the process under subparagraph (B), the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives a report containing a description of the process, including a schedule for the timely reimbursement of airports for which a positive determination has been made.”.

(b) Reimbursements of airports for eligible costs reimbursed at less than 90 percent.—If the Secretary or Assistant Secretary reimbursed, after August 3, 2007, an airport that incurred an amount for eligible costs under section 44923 of title 49, United States Code, that was less than 90 percent of such costs, the Secretary or Assistant Secretary shall reimburse such airport under such section an amount equal to the difference for such eligible costs.

SEC. 652. Establishment of appeal and redress process for individuals wrongly delayed or prohibited from boarding a flight, or denied a right, benefit, or privilege.

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

“SEC. 890A. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight, or denied a right, benefit, or privilege.

“(a) Establishment.—Not later than 30 days after the date of the enactment of this section, the Secretary shall establish a timely and fair process for individuals who believe they were delayed or prohibited from boarding a commercial aircraft or denied a right, benefit, or privilege because they were wrongly identified as a threat when screened against any terrorist watchlist or database used by the Transportation Security Administration (TSA) or any office or component of the Department.

“(b) Office of Appeals and Redress.—

“(1) ESTABLISHMENT.—The Secretary shall establish in the Department an Office of Appeals and Redress to implement, coordinate, and execute the process established by the Secretary pursuant to subsection (a). The Office shall include representatives from the TSA and such other offices and components of the Department as the Secretary determines appropriate.

“(2) COMPREHENSIVE CLEARED LIST.—The process established by the Secretary pursuant to subsection (a) shall include the establishment of a method by which the Office, under the direction of the Secretary, will maintain and appropriately disseminate a comprehensive list, to be known as the ‘Comprehensive Cleared List’, of individuals who—

“(A) were misidentified as an individual on any terrorist watchlist or database;

“(B) completed an approved Department of Homeland Security appeal and redress request and provided such additional information as required by the Department to verify the individual’s identity; and

“(C) permit the use of their personally identifiable information to be shared between multiple Departmental components for purposes of this section.

“(3) USE OF COMPREHENSIVE CLEARED LIST.—

“(A) IN GENERAL.—The Secretary shall—

“(i) except as provided in subparagraph (B), transmit to the TSA or any other appropriate office or component of the Department, other Federal, State, local, and tribal entities, and domestic air carriers and foreign air carriers that use any terrorist watchlist or database, the Comprehensive Cleared List and any other information the Secretary determines necessary to resolve misidentifications and improve the administration of the advanced passenger prescreening system and reduce the number of false positives; and

“(ii) ensure that the Comprehensive Cleared List is taken into account by all appropriate offices or components of the Department when assessing the security risk of an individual.

“(B) TERMINATION.—

“(i) IN GENERAL.—The transmission of the Comprehensive Cleared List to domestic air carriers and foreign air carriers under clause (i) of subparagraph (A) shall terminate on the date on which the Federal Government assumes terrorist watch­list or database screening functions.

“(ii) WRITTEN NOTIFICATION TO CONGRESS.—Not later than 15 days after the date on which the transmission of the Comprehensive Cleared List to the air carriers referred to in clause (i) of this subparagraph terminates in accordance with such clause, the Secretary shall provide written notification to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate of such termination.

“(4) INTERGOVERNMENTAL EFFORTS.—The Secretary may—

“(A) enter into memoranda of understanding with other Federal, State, local, and tribal agencies or entities, as necessary, to improve the appeal and redress process and for other purposes such as to verify an individual’s identity and personally identifiable information; and

“(B) work with other Federal, State, local, and tribal agencies or entities that use any terrorist watchlist or database to ensure, to the greatest extent practicable, that the Comprehensive Cleared List is considered when assessing the security risk of an individual.

“(5) HANDLING OF PERSONALLY IDENTIFIABLE INFORMATION.—The Secretary, in conjunction with the Chief Privacy Officer of the Department, shall—

“(A) require that Federal employees of the Department handling personally identifiable information of individuals (in this paragraph referred to as ‘PII’) complete mandatory privacy and security training prior to being authorized to handle PII;

“(B) ensure that the information maintained under this subsection is secured by encryption, including one-way hashing, data anonymization techniques, or such other equivalent technical security protections as the Secretary determines necessary;

“(C) limit the information collected from misidentified passengers or other individuals to the minimum amount necessary to resolve an appeal and redress request;

“(D) ensure that the information maintained under this subsection is shared or transferred via an encrypted data network that has been audited to ensure that the anti-hacking and other security related software functions perform properly and are updated as necessary;

“(E) ensure that any employee of the Department receiving the information maintained under this subsection handles such information in accordance with section 552a of title 5, United States Code, the Federal Information Security Management Act of 2002 (Public Law 107–296), and other applicable laws;

“(F) only retain the information maintained under this subsection for as long as needed to assist the individual traveler in the appeal and redress process;

“(G) engage in cooperative agreements with appropriate Federal agencies and entities, on a reimbursable basis, to ensure that legal name changes are properly reflected in any terrorist watchlist or database and the Comprehensive Cleared List to improve the appeal and redress process and to ensure the most accurate lists of identifications possible (except that section 552a of title 5, United States Code, shall not prohibit the sharing of legal name changes among Federal agencies and entities for the purposes of this section); and

“(H) conduct and publish a privacy impact assessment of the appeal and redress process established under this section and transmit the assessment to the Committee on Homeland Security of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate.

“(6) INITIATION OF APPEAL AND REDRESS PROCESS AT AIRPORTS.—At each airport at which—

“(A) the Department has a presence, the Office shall provide written information to air carrier passengers to begin the appeal and redress process established pursuant to subsection (a); and

“(B) the Department has a significant presence, provide the written information referred to in subparagraph (A) and ensure a TSA supervisor who is trained in such appeal and redress process is available to provide support to air carrier passengers in need of guidance concerning such process.

“(7) REPORT TO CONGRESS.—Not later than 240 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status of information sharing among users at the Department of any terrorist watchlist or database. The report shall include the following information:

“(A) A description of the processes and the status of the implementation of this section to share the Comprehensive Cleared List with other Department offices and components and other Federal, State, local, and tribal authorities that utilize any terrorist watchlist or database.

“(B) A description of the extent to which such other Department offices and components are taking into account the Comprehensive Cleared List.

“(C) Data on the number of individuals who have sought and successfully obtained redress through the Office of Appeals and Redress.

“(D) Data on the number of individuals who have sought and were denied redress through the Office of Appeals and Redress.

“(E) An assessment of what impact information sharing of the Comprehensive Cleared List has had on misidentifications of individuals who have successfully obtained redress through the Office of Appeals and Redress.

“(F) An updated privacy impact assessment.

“(c) Terrorist watchlist or database defined.—In this section, the term ‘terrorist watchlist or database’ means any terrorist watchlist or database used by the Transportation Security Administration or any office or component of the Department of Homeland Security or specified in Homeland Security Presidential Directive–6, in effect as of the date of the enactment of this section.”.

(b) Incorporation of secure flight.—Section 44903(j)(2) of title 49, United States Code, is amended—

(1) in subparagraph (C)(iii)—

(A) by redesignating subclauses (II) through (VII) as subclauses (III) through (VIII), respectively; and

(B) by inserting after subclause (I) the following new subclause:

“(II) ensure, not later than 30 days after the date of the enactment of the Counterterrorism Enhancement and Department of Homeland Security Authorization Act, that the procedure established under subclause (I) is incorporated into the appeals and redress process established under section 890A of the Homeland Security Act of 2002;”;

(2) in subparagraph (E)(iii), by inserting before the period at the end the following: “, in accordance with the appeals and redress process established under section 890A of the Homeland Security Act of 2002”; and

(3) in subparagraph (G)—

(A) in clause (i), by adding at the end the following new sentence: “The Assistant Secretary shall incorporate the process established pursuant to this clause into the appeals and redress process established under section 890A of the Homeland Security Act of 2002.”; and

(B) in clause (ii), by adding at the end the following new sentence: “The Assistant Secretary shall incorporate the record established and maintained pursuant to this clause into the Comprehensive Cleared List established and maintained under such section 890A.”.

(c) Conforming amendment.—Title 49, United States Code, is amended by striking section 44926 (and the item relating to such section in the analysis for chapter 449 of title 49).

(d) Clerical amendment.—Section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by inserting after the item relating to section 890 the following new item:


“Sec. 890A. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight, or denied a right, benefit, or privilege.”.

SEC. 653. Personal protective equipment.

(a) Use of personal protective equipment.—

(1) IN GENERAL.—Any personnel of the Transportation Security Administration voluntarily may wear personal protective equipment during any emergency.

(2) WRITTEN GUIDANCE.—Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall establish, coordinate, and disseminate written guidance to personnel of the Transportation Security Administration to allow for the voluntary usage of personal protective equipment.

(b) Definition.—In this section the term “protective equipment” includes surgical masks and N95 masks.

SEC. 654. Security screening for members of the Armed Forces.

(a) In general.—Section 44903 of title 49, United States Code (as amended by this Act), is further amended by adding at the end the following:

“(n) Security screening for members of the Armed Forces.—

“(1) IN GENERAL.—The Assistant Secretary shall develop and implement a plan to provide expedited security screening services for a member of the Armed Forces, and any accompanying family member, when the member of the Armed Forces is traveling on official orders while in uniform through a primary airport (as defined by section 47102).

“(2) PROTOCOLS.—In developing the plan, the Assistant Secretary shall consider—

“(A) leveraging existing security screening models used by airports and air carriers to reduce passenger wait times before entering a security screening checkpoint;

“(B) establishing standard guidelines for the screening of military uniform items, including combat boots; and

“(C) incorporating any new screening protocols into an existing trusted passenger program, as established pursuant to section 109(a)(3) of the Aviation and Transportation Security Act (115 Stat. 613), or into the development of any new credential or system that incorporates biometric technology and other applicable technologies to verify the identity of individuals traveling in air transportation.

“(3) REPORT TO CONGRESS.—The Assistant Secretary shall submit to the appropriate committees of Congress a report on the implementation of the plan.”.

(b) Effective date.—Not later than one year after the date of enactment of this Act, the Assistant Secretary shall establish the plan required by the amendment made by subsection (a).

SEC. 655. Report on commercial aviation security plans.

Not later than one year after the date of enactment of this Act, the Assistant Secretary shall submit a report to the appropriate committees of Congress that—

(1) reviews whether the most recent security plans developed by the commercial aviation airports in the United States territories meet the security concerns described in guidelines and other official documents issued by the Transportation Security Administration pertaining to parts 1544 and 1546 of title 49, Code of Federal Regulations, particularly with regard to the commingling of passengers;

(2) makes recommendations regarding best practices supported by the Transportation Security Administration and any adequate alternatives that address the problems or benefits of commingling passengers at such airports to satisfy the concerns described in paragraph (1);

(3) reviews the potential costs of implementing the preferred and alternative methods to address the Administration concerns regarding parts 1544 and 1546 of title 49, Code of Federal Regulations, particularly in regards to the commingling of passengers at the airport; and

(4) identifies funding sources, including grant programs, to implement improved security methods at such airports.

SEC. 656. Study on combination of facial and iris recognition.

(a) Study required.—The Assistant Secretary shall carry out a study on the use of the combination of facial and iris recognition to rapidly identify individuals in security checkpoint lines. Such study shall focus on—

(1) increased accuracy of facial recognition;

(2) enhancement of existing iris recognition technology; and

(3) establishment of integrated face and iris features for accurate identification of individuals.

(b) Purpose of study.—The purpose of the study required by subsection (a) is to facilitate the use of a combination of facial and iris recognition to provide a higher probability of success in identification than either approach on its own and to achieve transformational advances in the flexibility, authenticity, and overall capability of integrated biometric detectors and satisfy one of major issues with war against terrorists. The operational goal of the study should be to provide the capability to non-intrusively collect biometrics (face image, iris) in less than 10 seconds without impeding the movement of individuals.

SEC. 657. Issuance of regulations and security directives using emergency procedures.

(a) In general.—Section 114(l) of title 49, United States Code, is amended—

(1) in paragraph (2)—

(A) in subparagraph (A) by striking “immediately in order to protect transportation security” and inserting “in order to respond to an imminent threat of finite duration”; and

(B) in subparagraph (B) by inserting “to determine if the regulation or security directive is needed to respond to an imminent threat of finite duration” before the period at the end of the first sentence;

(2) by striking paragraph (3) and inserting the following:

“(3) FACTORS TO CONSIDER.—

“(A) IN GENERAL.—In determining whether to issue, rescind, or revise a regulation or security directive under this subsection, the Assistant Secretary shall consider, as factors in the final determination—

“(i) whether the costs of the regulation or security directive are excessive in relation to the enhancement of security the regulation or security directive will provide;

“(ii) whether the regulation or security directive will remain effective for more than a 90-day period; and

“(iii) whether the regulation or security directive will require revision in the subsequent 90-day period.

“(B) AUTHORITY TO WAIVE CERTAIN REQUIREMENTS.—For purposes of subparagraph (A)(i), the Assistant Secretary may waive any requirement for an analysis that estimates the number of lives that will be saved by the regulation or security directive or the cost basis for carrying out the regulation or security directive if the Assistant Secretary determines that it is not feasible to make such an estimate.”; and

(3) by adding at the end the following:

“(5) RULEMAKING REQUIRED.—The Assistant Secretary shall, to the maximum extent possible, ensure that a regulation or security directive issued under paragraph (2) that remains effective, with or without revision, for a period of more than 180 days is subject to a rulemaking pursuant to subchapter II of chapter 5 of title 5, except that nothing in this paragraph shall require the disclosure of information otherwise protected from public disclosure under law or regulation.”.

(b) Applicability.—The amendment made by subsection (a)(3) shall apply to a regulation issued under section 114(l)(2) of title 49, United States Code, before, on, or after the date of enactment of this Act.

SEC. 658. General aviation negotiated rulemaking.

(a) Negotiated rulemaking committee.—Subject to subsection (b), the Secretary may not issue a rule, interim final rule, or a new rulemaking intended to address, in whole or in part, the proposed rulemaking entitled “Large Aircraft Security Program, Other Aircraft Operator Security Program, and Airport Operator Security Program (TSA–2008–0021)” unless the Secretary—

(1) establishes a negotiated rulemaking committee in accordance with the requirements for establishing an advisory committee under section 871 of the Homeland Security Act of 2002 (6 U.S.C. 451); and

(2) receives a written report from the advisory committee chosen pursuant to paragraph (1) describing in detail its findings and recommendations.

(b) Rule exception.—

(1) URGENT THREAT.—The Secretary may issue a rule prohibited by subsection (a) if the Secretary determines, based on a credible and urgent threat, that an emergency exists that necessitates the immediate issuance of such a rule to save lives or protect property.

(2) REVIEW OF EMERGENCY DETERMINATION.—Not later than 30 days after such a rule is issued under this subsection, the Inspector General of the Department of Homeland Security shall determine if a credible and urgent threat existed that necessitated issuing an immediate rule and report its findings to the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 661. Sense of Congress regarding securing surface transportation systems.

(a) Findings.—The Congress finds that—

(1) the Transportation Security Administration is uniquely positioned to lead the efforts to secure our Nation’s rail and mass transit systems and other modes of surface transportation against terrorist attack and should leverage the investments and expertise developed from securing our Nation's commercial air transportation system;

(2) the successes of the Transportation Security Administration's National Explosives Detection Canine Team Program has furthered the Transportation Security Administration's ability to secure our Nation’s transportation systems against terrorist attack by preventing and protecting against explosives threats;

(3) each weekday approximately 11,300,000 passengers depend on our Nation’s mass transit systems as a means of transportation;

(4) rail and mass transit systems serve as an enticing target for terrorists and terrorist organizations, such as Al Qaeda, as evidenced by the March 11, 2004, attack on the Madrid, Spain, rail system, the July 7, 2005, attack on the London, England, mass transit system, and the July 11, 2006, and November 26, 2008, attacks on the Mumbai, India, rail system;

(5) the Transportation Security Administration Authorization Act of 2009, which was passed by the House of Representatives on June 4, 2009, in an overwhelming and bipartisan manner, expresses Congress’ commitment to bolstering the security of rail and mass transit systems; and

(6) securing our Nation’s rail and mass transit systems against terrorist attack and other security threats is essential due to their impact on our Nation’s economic stability and the continued functioning of our national economy.

(b) Sense of Congress.—It is the sense of the Congress that the Transportation Security Administration should—

(1) continue to enhance security against terrorist attack and other security threats to our Nation's rail and mass transit systems and other modes of surface transportation;

(2) continue expansion of the National Explosives Detection Canine Team Program, which has proven to be an effective tool in securing against explosives threats to our Nation's rail and mass transit systems, with particular attention to the application of its training standards and the establishment of a reliable source of domestically bred canines;

(3) improve upon the success of the Online Learning Center by providing increased person-to-person professional development programs to ensure those responsible for securing our surface transportation systems against terrorist attack are highly trained in both securing those systems against terrorist attack and professional relations with the traveling public; and

(4) continue to secure our Nation’s mass transit and rail systems against terrorist attack and other security threats, so as to ensure the security of commuters on our Nation’s rail and mass transit systems and prevent the disruption of rail lines critical to our Nation’s economy.

SEC. 662. Assistant Secretary defined.

Section 1301 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111) is amended—

(1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and

(2) by inserting after paragraph (1) the following:

“(2) ASSISTANT SECRETARY.—The term ‘Assistant Secretary’ means the Assistant Secretary of Homeland Security (Transportation Security Administration).”.

SEC. 663. Surface transportation security inspection program.

(a) Findings.—Congress finds the following:

(1) Surface transportation security inspectors assist passenger rail stakeholders in identifying security gaps through Baseline Assessment for Security Enhancement (“BASE”) reviews, monitor freight rail stakeholder efforts to reduce the risk that toxic inhalation hazard shipments pose to high threat urban areas through Security Action Item (“SAI”) reviews, and assist in strengthening chain of custody security.

(2) Surface transportation security inspectors play a critical role in building and maintaining working relationships with transit agencies and acting as liaisons between such agencies and the Transportation Security Operations Center, relationships which are vital to effective implementation of the surface transportation security mission.

(3) In December 2006, the Transportation Security Administration shifted from a system in which surface transportation security inspectors reported to surface-focused supervisors to a system in which inspectors report to aviation-focused supervisors in the field; a shift which has resulted in a strained chain of command, misappropriation of inspectors to nonsurface activities, the hiring of senior-level inspectors with no surface qualifications, and significant damage to relationships with transit agencies and inspector morale.

(b) Surface Transportation Security Inspection Office.—Section 1304 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113) is amended—

(1) by redesignating subsections (c) through (j) as subsections (b) through (i), respectively; and

(2) by striking subsections (a) and (b) and inserting the following:

“(a) Surface Transportation Security Inspection Office.—

“(1) ESTABLISHMENT.—The Secretary, acting through the Assistant Secretary, shall establish an office to be known as the Surface Transportation Security Inspection Office (in this section referred to as the ‘Office’).

“(2) MISSION.—The Secretary shall use the Office to train, employ, and utilize surface transportation security inspectors to—

“(A) assist surface transportation carriers, operators, owners, entities, and facilities to enhance their security against terrorist attacks and other security threats; and

“(B) assist the Secretary in enforcing applicable surface transportation security regulations and directives.

“(3) OFFICERS.—

“(A) DIRECTOR.—The head of the Office shall be the Director, who shall—

“(i) oversee and coordinate the activities of the Office, including all officers and any corresponding surface transportation modes in which the Office carries out such activities, and the surface transportation security inspectors who assist in such activities; and

“(ii) act as the primary point of contact between the Office and other entities that support the Department’s surface transportation security mission through the efficient and appropriate use of surface transportation security inspectors and strong working relationships with surface transportation security stakeholders.

“(B) DEPUTY DIRECTOR.—There shall be a Deputy Director of the Office, who shall—

“(i) assist the Director in carrying out the responsibilities of the Director under this subsection; and

“(ii) serve as acting Director in the absence of the Director and during any vacancy in the office of Director.

“(4) APPOINTMENT.—

“(A) IN GENERAL.—The Director and Deputy Director shall be responsible on a full-time basis for the duties and responsibilities described in this subsection.

“(B) CLASSIFICATION.—The position of Director shall be considered a position in the Senior Executive Service as defined in section 2101a of title 5, United States Code, and the position of Deputy Director shall be considered a position classified at grade GS–15 of the General Schedule.

“(5) LIMITATION.—No person shall serve as an officer under subsection (a)(3) while serving in any other position in the Federal Government.

“(6) FIELD OFFICES.—

“(A) ESTABLISHMENT.—The Secretary shall establish primary and secondary field offices in the United States to be staffed by surface transportation security inspectors in the course of carrying out their duties under this section.

“(B) DESIGNATION.—The locations for, and designation as ‘primary’ or ‘secondary’ of, such field offices shall be determined in a manner that is consistent with the Department’s risk-based approach to carrying out its homeland security mission.

“(C) COMMAND STRUCTURE.—

“(i) PRIMARY FIELD OFFICES.—Each primary field office shall be led by a chief surface transportation security inspector, who has significant experience with surface transportation systems, facilities, and operations and shall report directly to the Director.

“(ii) SECONDARY FIELD OFFICES.—Each secondary field office shall be led by a senior surface transportation security inspector, who shall report directly to the chief surface transportation security inspector of a geographically appropriate primary field office, as determined by the Director.”.

(c) Number of Inspectors.—Section 1304(e) of such Act (6 U.S.C. 1113(e)), as redesignated by subsection (b) of this section, is amended to read as follows:

“(e) Number of Inspectors.—Subject to the availability of appropriations, the Secretary shall hire not fewer than 200 additional surface transportation security inspectors in fiscal year 2011.”.

(d) Coordination.—Section 1304(f) of such Act (6 U.S.C. 1113(f)), as redesignated by subsection (b) of this section, is amended by striking “114(t)” and inserting “114(s)”.

(e) Report.—Section 1304(h) of such Act (6 U.S.C. 1113(h)), as redesignated by subsection (b) of this section, is amended by striking “2008” and inserting “2011”.

(f) Plan.—Section 1304(i) of such Act (6 U.S.C. 1113(i)), as redesignated by subsection (b) of this section, is amended to read as follows:

“(i) Plan.—

“(1) IN GENERAL.—Not later than 180 days after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for expanding the duties and leveraging the expertise of surface transportation security inspectors to further support the Department’s surface transportation security mission.

“(2) CONTENTS.—The plan shall include—

“(A) an analysis of how surface transportation security inspectors could be used to conduct oversight activities with respect to surface transportation security projects funded by relevant grant programs administered by the Department;

“(B) an evaluation of whether authorizing surface transportation security inspectors to obtain or possess law enforcement qualifications or status would enhance the capacity of the Office to take an active role in the Department’s surface transportation security operations; and

“(C) any other potential functions relating to surface transportation security the Secretary determines appropriate.”.

(g) Authorization of appropriations.—Section 1304 of such Act (6 U.S.C. 1113) is amended by adding at the end the following:

“(j) Authorization of appropriations.—From amounts made available under section 611 of the Transportation Security Administration Authorization Act, there are authorized to be appropriated such sums as may be necessary to the Secretary to carry out this section for fiscal year 2011.”.

(h) Conforming amendment.—Section 1304(b) of such Act (6 U.S.C. 1113(b)), as redesignated by subsection (b) of this section, is amended by striking “subsection (e)” and inserting “subsection (d)”.

SEC. 664. Visible intermodal prevention and response teams.

Section 1303 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is amended—

(1) in subsection (a) by striking “Administrator of the Transportation Security Administration,” and inserting “Assistant Secretary,”;

(2) in subsection (a)(4) by striking “team,” and inserting “team as to specific locations and times within their facilities at which VIPR teams should be deployed to maximize the effectiveness of such deployment and other matters,”; and

(3) by striking subsection (b) and inserting the following:

“(b) Performance measures.—Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary shall develop and implement a system of qualitative performance measures and objectives by which to assess the roles, activities, and effectiveness of VIPR team operations on an ongoing basis, including a mechanism through which the transportation entities listed in subsection (a)(4) may submit feedback on VIPR team operations involving their systems or facilities.

“(c) Plan.—Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary shall develop and implement a plan for ensuring the interoperability of communications among all participating VIPR team components as designated under subsection (a)(1) and between VIPR teams and any relevant transportation entities as designated in subsection (a)(4) whose systems or facilities are involved in VIPR team operations, including an analysis of the costs and resources required to carry out the plan.

“(d) Authorization of Appropriations.—From amounts made available under section 611 of the Transportation Security Administration Authorization Act, there are authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for fiscal year 2011.”.

SEC. 665. Surface Transportation Security stakeholder participation.

(a) In general.—Title XIII of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et seq.) is amended by adding at the end the following:

“SEC. 1311. Transit Security Advisory Committee.

“(a) Establishment.—

“(1) IN GENERAL.—The Assistant Secretary shall establish in the Transportation Security Administration an advisory committee, to be known as the Transit Security Advisory Committee (in this section referred to as the ‘Advisory Committee’), to assist the Assistant Secretary with issues pertaining to surface transportation security.

“(2) RECOMMENDATIONS.—

“(A) IN GENERAL.—The Assistant Secretary shall require the Advisory Committee to develop recommendations for improvements to surface transportation security planning, methods, equipment, and processes.

“(B) PRIORITY ISSUES.—Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, the Advisory Committee shall submit to the Assistant Secretary recommendations on—

“(i) improving homeland security information sharing between components of the Department of Homeland Security and surface transportation security stake­hold­ers, including those represented on the Advisory Committee; and

“(ii) streamlining or consolidating redundant security background checks required by the Department under relevant statutes governing surface transportation security, as well as redundant security background checks required by States where there is no legitimate homeland security basis for requiring such checks.

“(3) MEETINGS.—The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary.

“(4) UNPAID POSITION.—Advisory Committee Members shall serve at their own expense and receive no salary, reimbursement for travel expenses, or other compensation from the Federal Government.

“(b) Membership.—

“(1) IN GENERAL.—The Assistant Secretary shall ensure that the Advisory Committee is composed of not more than one individual representing not more than 27 member organizations, including representatives from public transportation agencies, passenger rail agencies or operators, railroad carriers, motor carriers, owners or operators of highways, over-the-road bus operators and terminal owners and operators, pipeline operators, labor organizations representing employees of such entities, and the surface transportation security technology industry.

“(2) APPOINTMENTS.—Members shall be appointed by the Assistant Secretary and the Assistant Secretary shall have the discretion to review the participation of any Advisory Committee member and remove for cause at any time.

“(c) Nonapplicability of FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee under this section.

“(d) Passenger carrier security working group.—

“(1) IN GENERAL.—The Assistant Secretary shall establish within the Advisory Committee a passenger carrier security working group to provide recommendations for successful implementation of initiatives relating to passenger rail, over-the-road bus, and public transportation security proposed by the Transportation Security Administration in accordance with statutory requirements, including relevant grant programs and security training provisions.

“(2) MEETINGS.—The working group shall meet at least semiannually and provide annual reports to the Assistant Secretary with recommendations to improve the Transportation Security Administration’s initiatives relating to passenger rail, over-the-road bus, and public transportation security, including grant, training, inspection, or other relevant programs authorized in titles XIII and XIV, and subtitle C of title XV of this Act.

“(3) MEMBERSHIP.—The working group shall be composed of members from the Advisory Committee with expertise in public transportation, over-the-road bus, or passenger rail systems and operations, all appointed by the Assistant Secretary.

“(4) REPORTS.—

“(A) IN GENERAL.—The working group shall prepare and submit reports to the Assistant Secretary in accordance with this paragraph that provide recommendations as described in paragraphs (1) and (2).

“(B) SUBMISSION.—Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, and on an annual basis thereafter, the working group shall submit a report on the findings and recommendations developed under subparagraph (A) to the Assistant Secretary.

“(e) Freight rail security working group.—

“(1) IN GENERAL.—The Assistant Secretary shall establish within the Advisory Committee a freight rail security working group to provide recommendations for successful implementation of initiatives relating to freight rail security proposed by the Transportation Security Administration in accordance with statutory requirements, including relevant grant programs and security training provisions.

“(2) MEETINGS.—The working group shall meet at least semiannually and provide annual reports to the Assistant Secretary with recommendations to improve the Transportation Security Administration’s initiatives relating to freight rail security, including grant, training, inspection, or other relevant programs authorized in titles XIII and XV of this Act.

“(3) MEMBERSHIP.—The working group shall be composed of members from the Advisory Committee with expertise in freight rail systems and operations, all appointed by the Assistant Secretary.

“(4) REPORTS.—

“(A) IN GENERAL.—The working group shall prepare and submit reports to the Assistant Secretary in accordance with this paragraph that provide recommendations as described in paragraphs (1) and (2).

“(B) SUBMISSION.—Not later than one year after the date of enactment of the Transportation Security Administration Authorization Act, and on an annual basis thereafter, the working group shall submit a report on the findings and recommendations developed under subparagraph (A) to the Assistant Secretary.”.

(b) Conforming amendment.—Section 1(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53) is amended by adding at the end of title XIII (Transportation Security Enchantments) the following:


“Sec. 1311. Transit Security Advisory Committee.”.

SEC. 666. Human capital plan for surface transportation security personnel.

(a) In general.—Not later than one year after the date of enactment of this Act, the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a human capital plan for hiring, training, managing, and compensating surface transportation security personnel, including surface transportation security inspectors.

(b) Consultation.—In developing the human capital plan, the Assistant Secretary shall consult with the chief human capital officer of the Department of Homeland Security, the Director of the Surface Transportation Security Inspection Office, the Inspector General of the Department of Homeland Security, and the Comptroller General.

(c) Approval.—Prior to submission, the human capital plan shall be reviewed and approved by the chief human capital officer of the Department of Homeland Security.

SEC. 667. Surface transportation security training.

(a) Status Report.—Not later than 30 days after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the status of the Department’s implementation of sections 1408, 1517, and 1534 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184), including detailed timeframes for development and issuance of the transportation security training regulations required under such sections.

(b) Private providers.—Not later than one year after the date of enactment of this Act, the Assistant Secretary shall identify criteria and establish a process for approving and maintaining a list of approved private third-party providers of security training with whom surface transportation entities may enter into contracts, as needed, for the purpose of satisfying security training requirements of the Department of Homeland Security, including requirements developed under sections 1408, 1517, and 1534 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184).

SEC. 668. Improvement of public transportation security assistance.

(a) In general.—Section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110–53) is amended—

(1) in subsection (b)(1)—

(A) in subparagraph (B), by inserting “bollards,” after “including”; and

(B) in subparagraph (D), by inserting after “including” the following: “projects for the purpose of demonstrating or assessing the capability of such systems and”;

(2) by redesignating subsections (e) through (k) as subsections (f) through (l), respectively;

(3) by redesignating subsections (l) and (m) as subsections (n) and (o), respectively;

(4) by inserting after subsection (d) the following new subsection (e):

“(e) Procedure.—

“(1) TIMELINE.—

“(A) AVAILABILITY OF APPLICATIONS.—Applications for grants under this section for a grant cycle shall be made available to eligible applicants not later than 30 days after the date of the enactment of the appropriations Act for the Department of Homeland Security for the same fiscal year as the grant cycle.

“(B) SUBMISSION OF APPLICATIONS.—A public transportation agency that is eligible for a grant under this section shall submit an application for a grant not later than 45 days after the applications are made available under subparagraph (A).

“(C) ACTION.—The Secretary shall make a determination approving or rejecting each application submitted under subparagraph (B), notify the applicant of the determination, and immediately commence any additional processes required to allow an approved applicant to begin to receive grant funds by not later than 60 days after date on which the Secretary receives the application.

“(2) PROHIBITION OF COST-SHARING REQUIREMENT.—No grant under this section may require any cost-sharing contribution from the grant recipient or from any related State or local agency.

“(3) ANNUAL REPORT.—Not later than the date that is 180 days after the last determination made under paragraph (1)(C) for a grant cycle, the Secretary shall submit to the Committees on Appropriations and Homeland Security of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate a report that includes a list of all grants awarded under this section for that grant cycle for which the grant recipient is not, as of such date, able to receive grant funds and an explanation of why such funds have not yet been released for use by the recipient.

“(4) PERFORMANCE.—

“(A) DURATION.—The performance period for grants made under this section shall be a period of time not less than 36 months in duration.

“(B) TIMING.—The performance period for any grant made under this section shall not begin to run until the recipient of the grant has been formally notified that funds provided under the terms of the grant have been released for use by the recipient.”;

(5) by inserting after subsection (l), as redesignated by paragraph (2) of this section, the following new subsection (m):

“(m) Access.—The Secretary shall ensure that, for each grant awarded under this section, the Inspector General of the Department is authorized to—

“(1) examine any records of the grant recipient or any contractors or subcontractors with which the recipient enters into a contract, or any State or local agency, that directly pertain to and involve transactions relating to grants under this section; and

“(2) interview any officer or employee of the recipient, any contractors or subcontractors with which the recipient enters into a contract, or State or local agency regarding such transactions.”; and

(6) in subsection (o), as redesignated by paragraph (3) of this section—

(A) by striking paragraph (1) and inserting the following new paragraph (1):

“(1) IN GENERAL.—There is authorized to be appropriated to the Secretary to make grants under this section $1,100,000,000 for fiscal year 2011, except that not more than 30 percent of such funds may be used for operational costs under subsection (b)(2) of this section.”;

(B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(C) by inserting after paragraph (2) the following new paragraph (3):

“(3) EXCEPTION.—The limitation on the percentage of funds that may be used for operational costs under paragraph (1) shall not apply to any costs involved with or relating to explosives detection canine teams acquired or used for the purpose of securing public transportation systems or facilities.”.

(b) Technical assistance pilot program.—

(1) PILOT PROGRAM REQUIRED.—

(A) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Assistant Secretary shall conduct and complete a pilot program to provide grants to not more than 7 public transportation agencies eligible for security grants under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110–53) for the purpose of obtaining external technical support and expertise to assist such agencies in conducting comprehensive security risk assessments of public transportation systems, resources, and facilities.

(B) METHODOLOGY.—Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary shall identify—

(i) a comprehensive risk methodology for conducting comprehensive security risk assessments using grants made under this subsection that accounts for all three elements of risk, including threat, vulnerability, and consequence; and

(ii) an approved third-party provider of technical support and expertise for the purpose of providing external assistance to grantees in conducting comprehensive security risk assessments.

(C) PARTICIPANTS.—

(i) IN GENERAL.—In selecting public transportation agencies to participate in the pilot program, the Assistant Secretary shall approve eligible agencies based on a combination of factors, including risk, whether the agency has completed a comprehensive security risk assessment referred to in subparagraph (B)(i) within a year preceding the date of enactment of this Act, and geographic representation.

(ii) PRIOR EFFORTS.—No eligible public transportation agency may be denied participation in the pilot program on the grounds that it has applied for other grants administered by the Department for the purpose of conducting a comprehensive security risk assessment.

(D) PROHIBITIONS.—In carrying out the pilot program the Assistant Secretary shall ensure that—

(i) grants awarded under the pilot program shall supplement and not replace other sources of Federal funding;

(ii) other sources of Federal funding are not taken into consideration when assistance is awarded under the pilot program; and

(iii) no aspect of the pilot program is conducted or administered by a component of the Department other than the Transportation Security Administration.

(2) REPORT.—Not later than 180 days after the completion of the pilot program, the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives a report on the results of the pilot program, including an analysis of the feasibility and merit of expanding the pilot program to a permanent program and any recommendations determined appropriate by the Assistant Secretary.

(3) AUTHORIZATION OF APPROPRIATIONS.—Of amounts made available pursuant to section 611 for fiscal year 2011, $7,000,000 shall be available to the Assistant Secretary to carry out this subsection. Any amount made available to the Assistant Secretary pursuant to this paragraph shall remain available until the end of fiscal year 2012.

(c) Report on recommendations of Comptroller General.—

(1) REPORT REQUIRED.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status of the Secretary’s implementation of the recommendations of the Comptroller General with respect to the improvement of the administration of security grants under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110–53).

(2) REVIEW BY INSPECTOR GENERAL.—Before the Secretary submits the report required under paragraph (1), the report shall be reviewed by the Inspector General of the Department of Homeland Security. When the Secretary submits the report to Congress under paragraph (1), the Secretary shall include with the report documentation verifying that the report was reviewed by the Inspector General in accordance with this paragraph.

SEC. 669. International lessons learned for securing passenger rail and public transportation systems.

(a) Findings.—Congress finds that—

(1) numerous terrorist attacks since September 11, 2001, have targeted passenger rail or public transportation systems;

(2) nearly 200 people were killed and almost 2,000 more were injured when terrorists set off 10 simultaneous explosions on 4 commuter trains in Madrid, Spain, on March 11, 2004;

(3) 50 people were killed and more than 700 injured in successive bombings of 3 transit stations and a public bus in London, England, on July 7, 2005, and a second attack against 4 similar targets on July 21, 2005, failed because of faulty detonators;

(4) more than 200 people were killed and more than 700 injured in simultaneous terrorist bombings of commuter trains on the Western Line in the suburbs of Mumbai, India, on July 11, 2006;

(5) the acts of terrorism in Mumbai, India, on November 26, 2008, included commando-style attacks on a major railway station; and

(6) a disproportionately low amount of attention and resources have been devoted to surface transportation security by the Department of Homeland Security, including the security of passenger rail and public transportation systems, as compared with aviation security, which has been the primary focus of Federal transportation security efforts generally, and of the Transportation Security Administration in particular.

(b) Study.—The Comptroller General shall conduct a study on the efforts undertaken by the Secretary and Assistant Secretary, as well as other entities determined by the Comptroller General to have made significant efforts, since January 1, 2004, to learn from foreign nations that have been targets of terrorist attacks on passenger rail and public transportation systems in an effort to identify lessons learned from the experience of such nations to improve the execution of Department functions to address transportation security gaps in the United States.

(c) Report.—

(1) IN GENERAL.—Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the study. The report shall also include an analysis of relevant conflicts of law that may affect the ability of the Department to apply lessons learned.

(2) RECOMMENDATIONS.—The Comptroller General shall include in the report recommendations on how the Department and its components, including the Transportation Security Administration, can expand efforts to learn from the expertise and the security practices of passenger rail and public transportation systems in foreign nations that have experienced terrorist attacks on such systems.

SEC. 670. Underwater tunnel security demonstration project.

(a) Demonstration project.—The Assistant Secretary, in consultation with the Under Secretary for Science and Technology, shall conduct a full-scale demonstration project to test and assess the feasibility and effectiveness of certain technologies to enhance the security of underwater public transportation tunnels against terrorist attacks involving the use of improvised explosive devices.

(b) Inflatable plugs.—

(1) IN GENERAL.—At least one of the technologies tested under subsection (a) shall be inflatable plugs that may be rapidly deployed to prevent flooding of a tunnel.

(2) FIRST TECHNOLOGY TESTED.—Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall carry out a demonstration project that tests the effectiveness of using inflatable plugs for the purpose described in paragraph (1).

(c) Report to congress.—Not later than 180 days after completion of the demonstration project under this section, the Assistant Secretary shall submit a report to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, on the results of the demonstration project.

(d) Authorization of appropriation.—Of the amounts made available under section 201 for fiscal year 2011, $8,000,000 shall be available to carry out this section.

SEC. 671. Passenger rail security demonstration project.

(a) Demonstration project.—The Assistant Secretary, in consultation with the Under Secretary for Science and Technology, shall conduct a demonstration project in a passenger rail system to test and assess the feasibility and effectiveness of technologies to strengthen the security of passenger rail systems against terrorist attacks involving the use of improvised explosive devices.

(b) Security technologies.—The demonstration project under this section shall test and assess technologies to—

(1) detect improvised explosive devices on station platforms, through the use of foreign object detection programs in conjunction with cameras; and

(2) defeat improvised explosive devices left on rail tracks.

(c) Report to Congress.—Not later than 180 days after completion of the demonstration project under this section, the Assistant Secretary shall submit a report to the appropriate committees of Congress, including the Committee on Homeland Security of the House of Representatives, on the results of the demonstration project.

SEC. 672. Explosives detection canine teams.

Section 1307 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is amended—

(1) in subsection (b)—

(A) in paragraph (1)(A), by striking “2010” and inserting “2011”; and

(B) by adding at the end the following new paragraph:

“(3) ALLOCATION.—

“(A) IN GENERAL.—The Secretary shall increase the number of canine teams certified by the Transportation Security Administration for the purpose of passenger rail and public transportation security activities to not less than 200 canine teams by the end of fiscal year 2011.

“(B) COOPERATIVE AGREEMENTS.—The Secretary shall expand the use of canine teams to enhance passenger rail and public transportation security by entering into cooperative agreements with passenger rail and public transportation agencies eligible for security assistance under section 1406 of this Act for the purpose of deploying and maintaining canine teams to such agencies for use in passenger rail or public transportation security activities and providing for assistance in an amount not less than $75,000 for each canine team deployed, to be adjusted by the Secretary for inflation.

“(C) AUTHORIZATION OF APPROPRIATIONS.—From amounts made available under section 611 of the Transportation Security Administration Authorization Act, there are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this paragraph for fiscal year 2011.”;

(2) in subsection (d)—

(A) in paragraph (3), by striking “and”;

(B) in paragraph (4), by striking the period at the end and inserting the following: “; and”; and

(C) by adding at the end the following new paragraph:

“(5) expand the use of canine teams trained to detect vapor wave trails in passenger rail and public transportation security environments, as the Secretary, in consultation with the Assistant Secretary, determines appropriate.”;

(3) in subsection (e), by striking “, if appropriate,” and inserting “, to the extent practicable,”; and

(4) by striking subsection (f) and inserting the following new subsection (f):

“(f) Report.—Not later than one year after the date of the enactment of the Transportation Security Administration Authorization Act, the Comptroller General shall submit to the appropriate congressional committees a report on—

“(1) utilization of explosives detection canine teams to strengthen security in passenger rail and public transportation environments;

“(2) the capacity of the national explosive detection canine team program as a whole to serve homeland security; and

“(3) how the Assistant Secretary could better support State and local passenger rail and public transportation entities in maintaining certified canine teams for the life of the canine, including by providing financial assistance.”.

SEC. 673. Deputy Assistant Secretary for surface transportation security.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the Transportation Security Administration’s capacity to address surface transportation security would be enhanced significantly by establishing a position of Deputy Assistant Secretary for Surface Transportation Security to lead the Transportation Security Administration’s surface transportation security mission; and

(2) a Deputy Assistant Secretary for Surface Transportation Security could provide the focused leadership and resource management necessary to implement the policies and programs that are critical to securing surface transportation modes and ensure the effectiveness of the Surface Transportation Security Inspection Office, security policy and grant functions affecting surface transportation modes, and the Transit Security Advisory Committee.

(b) Report.—

(1) IN GENERAL.—Not later than 270 days after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the feasibility and merit of establishing a Deputy Assistant Secretary for Surface Transportation Security in the Transportation Security Administration to reflect the reality of security threats that are faced by all modes of transportation in the United States and also whether establishing the position of a Deputy Assistant Secretary for Aviation Security would more effectively streamline or enhance the operational and policymaking capabilities of the Transportation Security Administration for all transportation modes.

(2) RECOMMENDATIONS.—The Inspector General shall include in the report recommendations on—

(A) the most effective and efficient ways to organize offices, functions, personnel, and programs of the Transportation Security Administration under or among all respective Deputy Assistant Secretary positions to be created;

(B) what offices, functions, personnel, and programs of the Transportation Security Administration would best remain outside of the scope of any new Deputy Assistant Secretary positions in order that such offices, functions, personnel, and programs maintain the status of reporting directly to the Assistant Secretary; and

(C) any other relevant matters, as the Inspector General determines appropriate.

SEC. 674. Public hearings on security assistance grant program and the restriction of security improvement priorities.

(a) Public hearings.—Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall conduct public hearings on the administration of the security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135). The Assistant Secretary shall—

(1) solicit information and input from the 5 urban areas that receive the largest amount of grant funds under such section, including recipients providing mass transportation and passenger rail services; and

(2) solicit feedback from such recipients on whether current allowable uses of grant funds under the regulations or guidance implementing the grant program are sufficient to address security improvement priorities identified by transit agencies.

(b) Report to Congress.—The Assistant Secretary shall submit to the Committees on Appropriations and Homeland Security of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate a report on the findings of the public hearings conducted under paragraph (1). The report shall include—

(1) the Assistant Secretary’s determinations with respect to the extent to which security improvement priorities identified by transit agencies are not met by the regulations or guidance implementing the grant program; and

(2) how such regulations or guidance should be changed to accommodate such priorities, or the Assistant Secretary’s justification for not addressing such priorities with the grant program.

SEC. 681. Report and recommendation for uniform security background checks.

Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security of the House of Representatives a report that contains—

(1) a review of background checks and forms of identification required under State and local transportation security programs;

(2) a determination as to whether the background checks and forms of identification required under such programs duplicate or conflict with Federal programs; and

(3) recommendations on limiting the number of background checks and forms of identification required under such programs to reduce or eliminate duplication with Federal programs.

SEC. 682. Animal-propelled vessels.

Notwithstanding section 70105 of title 46, United States Code, the Secretary shall not require an individual to hold a transportation security card, or be accompanied by another individual who holds such a card if—

(1) the individual has been issued a license, certificate of registry, or merchant mariner’s document under part E of subtitle II of title 46, United States Code;

(2) the individual is not allowed unescorted access to a secure area designated in a vessel or facility security plan approved by the Secretary; and

(3) the individual is engaged in the operation of an animal-propelled vessel.

SEC. 683. Requirements for issuance of transportation security cards; access pending issuance; redundant background checks.

Section 70105 of title 46, United States Code, is amended by adding at the end the following new subsections:

“(n) Processing time.—The Secretary shall review an initial transportation security card application and respond to the applicant, as appropriate, including the mailing of an Initial Determination of Threat Assessment letter, within 30 days after receipt of the initial application. The Secretary shall, to the greatest extent practicable, review appeal and waiver requests submitted by a transportation security card applicant, and send a written decision or request for additional information required for the appeal or waiver determination, within 30 days after receipt of the applicant’s appeal or waiver written request. For an applicant that is required to submit additional information for an appeal or waiver determination, the Secretary shall send a written decision, to the greatest extent practicable, within 30 days after receipt of all requested information.

“(o) Receipt of cards.—Within 180 days after the date of enactment of the Transportation Security Administration Authorization Act, the Secretary shall develop a process to permit an individual approved for a transportation security card under this section to receive the card at the individual’s place of residence.

“(p) Fingerprinting.—The Secretary shall establish procedures providing for an individual who is required to be fingerprinted for purposes of this section to be fingerprinted at facilities operated by or under contract with an agency of the Department of the Secretary that engages in fingerprinting the public for transportation security or other security purposes.

“(q) Redundant background checks.—The Secretary shall prohibit a State or political subdivision thereof from requiring a separate security background check for any purpose for which a transportation security card is issued under this section. The Secretary may waive the application of this subsection with respect to a State or political subdivision thereof if the State or political subdivision demonstrates a compelling homeland security reason that a separate security background check is necessary.”.

SEC. 684. Harmonizing security card expirations.

Section 70105(b) of title 46, United States Code, is amended by adding at the end the following new paragraph:

“(6) The Secretary may extend for up to one year the expiration of a biometric transportation security card required by this section to align the expiration with the expiration of a license, certificate of registry, or merchant mariner document required under chapter 71 or 73.”.

SEC. 685. Pipeline security study.

(a) Study.—The Comptroller General shall conduct a study regarding the roles and responsibilities of the Department of Homeland Security and the Department of Transportation with respect to pipeline security. The study shall address whether—

(1) the Annex to the Memorandum of Understanding executed on August 9, 2006, between the Department of Homeland Security and the Department of Transportation adequately delineates strategic and operational responsibilities for pipeline security, including whether it is clear which Department is responsible for—

(A) protecting against intentional pipeline breaches;

(B) responding to intentional pipeline breaches; and

(C) planning to recover from the effects of intentional pipeline breaches;

(2) the respective roles and responsibilities of each Department are adequately conveyed to relevant stakeholders and to the public; and

(3) the processes and procedures for determining whether a particular pipeline breach is a terrorist incident are clear and effective.

(b) Report on study.—Not later than 180 days after the date of enactment of this section, the Comptroller General shall submit to the Committee on Homeland Security in the House of Representatives a report containing the findings of the study conducted under subsection (a).

(c) Report to congress.—Not later than 90 days after the issuance of the report regarding the study conducted pursuant to this section, the Secretary of Homeland Security shall review and analyze the study and submit to the Committee on Homeland Security of the House of Representatives a report on such review and analysis, including any recommendations for—

(1) changes to the Annex to the Memorandum of Understanding described in subsection (a)(1); and

(2) other improvements to pipeline security activities at the Department of Homeland Security.

SEC. 686. Transportation Security Administration centralized training facility.

(a) Study.—The Secretary of Homeland Security shall carry out a study on the feasibility of establishing a centralized training center for advanced security training provided by the Transportation Security Administration for the purpose of enhancing aviation security.

(b) Considerations.—In conducting the study, the Secretary shall take into consideration the benefits, costs, equipment, personnel needs, and building requirements for establishing such a training center and if the benefits of establishing the center are an efficient use of resources for training transportation security officers.

(c) Report.—Not later than one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report regarding the results of the study.

SEC. 691. Short title.

This chapter may be cited as the “Screening Applied Fairly and Equitably to Truckers Act of 2010” or the “SAFE Truckers Act of 2010”.

SEC. 692. Surface transportation security.

(a) In general.—The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:

“SEC. 2101. Transportation of security sensitive materials.

“(a) Security sensitive materials.—Not later than 120 days after the date of enactment of this section, the Secretary shall issue final regulations, after notice and comment, defining security sensitive materials for the purposes of this title.

“(b) Motor vehicle operators.—The Secretary shall prohibit an individual from operating a motor vehicle in commerce while transporting a security sensitive material unless the individual holds a valid transportation security card issued by the Secretary under section 70105 of title 46, United States Code.

“(c) Shippers.—The Secretary shall prohibit a person from—

“(1) offering a security sensitive material for transportation by motor vehicle in commerce; or

“(2) causing a security sensitive material to be transported by motor vehicle in commerce,

unless the motor vehicle operator transporting the security sensitive material holds a valid transportation security card issued by the Secretary under section 70105 of title 46, United States Code.

“SEC. 2102. Enrollment locations.

“(a) Fingerprinting locations.—The Secretary shall—

“(1) work with appropriate entities to ensure that fingerprinting locations for individuals applying for a transportation security card under section 70105 of title 46, United States Code, have flexible operating hours; and

“(2) permit an individual applying for such transportation security card to utilize a fingerprinting location outside of the individual’s State of residence to the greatest extent practicable.

“(b) Receipt and activation of cards.—The Secretary shall develop guidelines and procedures to permit an individual to receive a transportation security card under section 70105 of title 46, United States Code, at the individual’s place of residence and to activate the card at any enrollment center.

“(c) Number of Locations.—The Secretary shall develop and implement a plan—

“(1) to offer individuals applying for a transportation security card under section 70105 of title 46, United States Code, the maximum number of fingerprinting locations practicable across diverse geographic regions; and

“(2) to conduct outreach to appropriate stakeholders, including owners, operators, and relevant entities (and labor organizations representing employees of such owners, operators, and entities), to keep the stakeholders informed of the timeframe and locations for the opening of additional fingerprinting locations.

“(d) Authorization.—There are authorized to be appropriated such sums as may be necessary to carry out this section.

“SEC. 2103. Authority to ensure compliance.

“(a) In general.—The Secretary is authorized to ensure compliance with this title.

“(b) Memorandum of understanding.—The Secretary may enter into a memorandum of understanding with the Secretary of Transportation to ensure compliance with section 2101.

“SEC. 2104. Civil penalties.

“A person that violates this title or a regulation or order issued under this title is liable to the United States Government pursuant to the Secretary’s authority under section 114(v) of title 49, United States Code.

“SEC. 2105. Commercial motor vehicle operators registered to operate in Mexico or Canada.

“The Secretary shall prohibit a commercial motor vehicle operator licensed to operate in Mexico or Canada from operating a commercial motor vehicle transporting a security sensitive material in commerce in the United States until the operator has been subjected to, and not disqualified as a result of, a security background records check by a Federal agency that the Secretary determines is similar to the security background records check required for commercial motor vehicle operators in the United States transporting security sensitive materials in commerce.

“SEC. 2106. Other security background checks.

“The Secretary shall determine that an individual applying for a transportation security card under section 70105 of title 46, United States Code, has met the background check requirements for such card if the individual was subjected to, and not disqualified as a result of, a security background records check by a Federal agency that the Secretary determines is equivalent to or more stringent than the background check requirements for such card.

“SEC. 2107. Redundant background checks.

“(a) In general.—After the date of enactment of this title, the Secretary shall prohibit a State or political subdivision thereof from requiring a separate security background check of an individual seeking to transport hazardous materials.

“(b) Waivers.—The Secretary may waive the application of subsection (a) with respect to a State or political subdivision thereof if the State or political subdivision demonstrates a compelling homeland security reason that a separate security background check is necessary to ensure the secure transportation of hazardous materials in the State or political subdivision.

“(c) Limitation on statutory construction.—Nothing in this section shall limit the authority of a State to ensure that an individual has the requisite knowledge and skills to safely transport hazardous materials in commerce.

“SEC. 2108. Transition.

“(a) Treatment of individuals receiving prior hazardous materials endorsements.—The Secretary shall treat an individual who has obtained a hazardous materials endorsement in accordance with section 1572 of title 49, Code of Federal Regulations, before the date of enactment of this title, as having met the background check requirements of a transportation security card under section 70105 of title 46, United States Code, subject to reissuance or expiration dates of the hazardous materials endorsement.

“(b) Reduction in fees.—The Secretary shall reduce, to the greatest extent practicable, any fees associated with obtaining a transportation security card under section 70105 of title 46, United States Code, for any individual referred to in subsection (a).

“SEC. 2109. Savings clause.

“Nothing in this title shall be construed as affecting the authority of the Secretary of Transportation to regulate hazardous materials under chapter 51 of title 49, United States Code.

“SEC. 2110. Definitions.

“In this title, the following definitions apply:

“(1) COMMERCE.—The term ‘commerce’ means trade or transportation in the jurisdiction of the United States—

“(A) between a place in a State and a place outside of the State; or

“(B) that affects trade or transportation between a place in a State and a place outside of the State.

“(2) HAZARDOUS MATERIAL.—The term ‘hazardous material’ has the meaning given that term in section 5102 of title 49, United States Code.

“(3) PERSON.—The term ‘person’, in addition to its meaning under section 1 of title 1, United States Code—

“(A) includes a government, Indian tribe, or authority of a government or tribe offering security sensitive material for transportation in commerce or transporting security sensitive material to further a commercial enterprise; but

“(B) does not include—

“(i) the United States Postal Service; and

“(ii) in section 2104, a department, agency, or instrumentality of the Government.

“(4) SECURITY SENSITIVE MATERIAL.—The term ‘security sensitive material’ has the meaning given that term in section 1501 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1151).

“(5) TRANSPORTS; TRANSPORTATION.—The term ‘transports’ or ‘transportation’ means the movement of property and loading, unloading, or storage incidental to such movement.”.

SEC. 693. Conforming amendment.

The table of contents contained in section 1(b) of the Homeland Security Act of 2002 (116 Stat. 2135) is amended by adding at the end the following:


“Sec. 2101. Transportation of security sensitive materials.

“Sec. 2102. Enrollment locations.

“Sec. 2103. Authority to ensure compliance.

“Sec. 2104. Civil penalties.

“Sec. 2105. Commercial motor vehicle operators registered to operate in Mexico or Canada.

“Sec. 2106. Other security background checks.

“Sec. 2107. Redundant background checks.

“Sec. 2108. Transition.

“Sec. 2109. Savings clause.

“Sec. 2110. Definitions.”.

SEC. 694. Limitation on issuance of HAZMAT licenses.

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

SEC. 695. Deadlines and effective dates.

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

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

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

SEC. 696. Task force on disqualifying crimes.

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

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

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

SEC. 701. Authorization of appropriations.

Of the amount authorized to be appropriated to the Secretary under section 201, funds are authorized to be appropriated to the Commandant of the Coast Guard for fiscal year 2011 for necessary expenses of the Coast Guard as follows:

(1) For necessary expenses for the operation and maintenance of the Coast Guard not otherwise provided for; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of no more than $700,000) and repairs and service-life replacements, not to exceed a total of $26,000,000; minor shore construction projects not exceeding $1,000,000 in total cost at any location; payments pursuant to section 156 of Public Law 97–377 (42 U.S.C. note; 96 Stat. 1920); and recreation and welfare; $6,689,655,000 of which $340,000,000 shall be for defense-related activities; of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to exceed $20,000 shall be for official reception and representation expenses: Provided further, that none of the funds made available by this Act shall be for expenses incurred for recreational vehicles under section 12114 of title 46, United States Code, except to the extent fees are collected from yacht owners and credited to this appropriation.

(2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $1,477,228,000 of which—

(A) $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990, to remain available until expended;

(B) $1,208,502,000 is authorized for the Integrated Deepwater System Program, including $96,000,000 for long lead construction materials for National Security Cutter #6; and

(C) $69,200,000 is authorized for shore facilities and aids to navigation.

(3) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, material, and human factors directly relating to improving the performance of Coast Guard missions, $25,034,000, to remain available until expended, of which $500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990.

(4) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations of this purpose), payments under the Retired Serviceman’s Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $1,400,700,000 to remain available until expended.

(5) For environmental compliance and restoration at Coast Guard facilities (other than parts and equipment associated with operation and maintenance), $13,329,000 to remain available until expended.

(6) For Coast Guard Reserve Program, including personnel and training costs, equipment, and services, $135,675,000.

(7) None of the funds authorized by this Act may be used for the decommissioning of a Coast Guard High Endurance Cutter unless the Coast Guard commissions, including in commission special status, a replacement National Security Cutter within 90 days after such decommissioning.

SEC. 702. Authorized levels of military strength and training.

(a) Active duty strength.—The Coast Guard is authorized an end-of-year strength for active duty personnel of 47,000 for the fiscal year ending on September 30, 2011.

(b) Military training student loads.—For fiscal year 2011, the Coast Guard is authorized average military training student loads as follows:

(1) For recruit and special training, 2,500 student years.

(2) For flight training, 165 student years.

(3) For professional training in military and civilian institutions, 350 student years.

(4) For officer acquisition, 1,200 student years.

SEC. 703. Admirals and Vice Admirals.

(a) Admirals.—Section 41 of title 14, United States Code, is amended by striking “an admiral,” and inserting “admirals;”.

(b) Vice Commandant.—Section 47 of title 14, United States Code, is amended—

(1) in the section heading by striking “assignment” and inserting “appointment”; and

(2) in the text by striking “vice admiral” and inserting “admiral”.

(c) Vice admirals.—

(1) IN GENERAL.—Section 50 of title 14, United States Code, is amended to read as follows:

§ 50. Vice admirals

“(a)(1) The President may designate 4 positions of importance and responsibility that shall be held by officers who—

“(A) while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade; and

“(B) shall perform any duties as the Commandant may prescribe.

“(2) The 4 vice admiral positions authorized under paragraph (1) are, respectively, the following:

“(A) The Deputy Commandant for Mission Support.

“(B) The Deputy Commandant for Operations Policy.

“(C) The Commander, Force Readiness Command.

“(D) The Commander, Operations Command.

“(3) The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to each of the positions designated under paragraph (1) an officer of the Coast Guard who is serving on active duty above the grade of captain. The Commandant shall make recommendations for those appointments.

“(4)(A) Except as provided in subparagraph (B), the Deputy Commandant for Operations Policy must have at least 10 years experience in vessel inspection, marine casualty investigations, mariner licensing, or an equivalent technical expertise in the design and construction of commercial vessels, with at least 4 years of leadership experience at a staff or unit carrying out marine safety functions.

“(B) The requirements of subparagraph (A) do not apply to such Deputy Commandant if the subordinate officer serving in the grade of rear admiral with responsibilities for marine safety, security, and stewardship possesses that experience.

“(b)(1) The appointment and the grade of vice admiral under this section shall be effective on the date the officer assumes that duty and, except as provided in paragraph (2) of this subsection or in section 51(d) of this title, shall terminate on the date the officer is detached from that duty.

“(2) An officer who is appointed to a position designated under subsection (a) shall continue to hold the grade of vice admiral—

“(A) while under orders transferring the officer to another position designated under subsection (a), beginning on the date the officer is detached from duty and terminating on the date before the day the officer assumes the subsequent duty, but not for more than 60 days;

“(B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged from the hospital, but not for more than 180 days; and

“(C) while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the officer’s retirement, but not for more than 60 days.

“(c)(1) An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer.

“(2) An officer serving in a grade above rear admiral who holds the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the officer was serving in the officer’s permanent grade.

“(d) Whenever a vacancy occurs in a position designated under subsection (a), the Commandant shall inform the President of the qualifications needed by an officer serving in that position to carry out effectively the duties and responsibilities of that position.”.

(2) APPLICATION OF DEPUTY COMMANDANT QUALIFICATION REQUIREMENT.—The requirement under section 50(a)(4)(A) of title 14, United States Code, as amended by this subsection, shall apply on and after October 1, 2011.

(d) Repeal.—Section 50a of title 14, United States Code, is repealed.

(e) Conforming amendment.—Section 51 of that title is amended—

(1) by amending subsections (a), (b), and (c) to read as follows:

“(a) An officer, other than the Commandant, who, while serving in the grade of admiral or vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served.

“(b) An officer, other than the Commandant, who is retired while serving in the grade of admiral or vice admiral, or who, after serving at least two and one-half years in the grade of admiral or vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which that officer served.

“(c) An officer, other than the Commandant, who, after serving less than two and one-half years in the grade of admiral or vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade.”; and

(2) in subsection (d)(2) by striking “Area Commander, or Chief of Staff” and inserting “or Vice Admirals”.

(f) Continuity of grade.—Section 52 of title 14, United States Code, is amended—

(1) in the section heading by inserting “and admirals” after “Vice admirals”; and

(2) in the text by inserting “or admiral” after “vice admiral” the first time that term appears.

(g) Continuation on active duty.—The second sentence of section 290(a) of title 14, United States Code, is amended to read as follows: “Officers, other than the Commandant, serving for the time being or who have served in the grade of vice admiral or admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued in the grade of rear admiral.”.

(h) Treatment of incumbents; transition.—

(1) VICE COMMANDANT.—Notwithstanding any other provision of law, the officer who, on the date of enactment of this Act, is serving in the Coast Guard as Vice Commandant—

(A) shall continue to serve as Vice Commandant;

(B) shall have the grade of admiral with pay and allowances of that grade; and

(C) shall not be required to be reappointed by reason of the enactment of this Act.

(2) CHIEF OF STAFF, COMMANDER, ATLANTIC AREA, OR COMMANDER, PACIFIC AREA.—Notwithstanding any other provision of law, an officer who, on the date of enactment of this Act, is serving in the Coast Guard as Chief of Staff, Commander, Atlantic Area, or Commander, Pacific Area—

(A) shall continue to have the grade of vice admiral with pay and allowance of that grade until such time that the officer is relieved of his or her duties and appointed and confirmed to another position as a vice admiral or admiral; and

(B) for the purposes of transition, may continue, for not more than one year after the date of enactment of this Act, to perform the duties of the officer’s former position and any other such duties that the Commandant prescribes.

(i) Clerical amendments.—

(1) The table of sections at the beginning of chapter 3 of title 14, United States Code, is amended—

(A) by striking the item relating to section 47 and inserting the following:


“47. Vice Commandant; appointment.”;

(B) by striking the item relating to section 50 and inserting the following:


“50. Vice admirals.”;

(C) by striking the item relating to section 50a; and

(D) by striking the item relating to section 52 and inserting the following:


“52. Vice admirals and admirals, continuity of grade.”.

(j) Technical correction.—Section 47 of title 14, United States Code, is further amended in the fifth sentence by striking “subsection” and inserting “section”.

SEC. 704. Coast Guard commissioned officers: compulsory retirement.

(a) In general.—Chapter 11 of title 14, United States Code, is amended by striking section 293 and inserting the following:

§ 293. Compulsory retirement

“(a) Regular commissioned officers.—Any regular commissioned officer, except a commissioned warrant officer, serving in a grade below rear admiral (lower half) shall be retired on the first day of the month following the month in which the officer becomes 62 years of age.

“(b) Flag-Officer grades.—(1) Except as provided in paragraph (2), any regular commissioned officer serving in a grade of rear admiral (lower half) or above shall be retired on the first day of the month following the month in which the officer becomes 64 years of age.

“(2) The retirement of an officer under paragraph (1) may be deferred—

“(A) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age; or

“(B) by the Secretary, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age.”.

(b) Clerical amendment.—The analysis at the beginning of such chapter is amended by striking the item relating to such section and inserting the following:


“293. Compulsory retirement.”.

SEC. 705. Commissioned officers.

(a) Active duty promotion list.—Section 42 of title 14, United States Code, is amended to read as follows:

§ 42. Number and distribution of commissioned officers on active duty promotion list

“(a) Maximum total number.—The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 6,700; except that the Commandant may temporarily increase that number by up to 2 percent for no more than 60 days following the date of the commissioning of a Coast Guard Academy class.

“(b) Distribution percentages by grade.—

“(1) REQUIRED.—The total number of commissioned officers authorized by this section shall be distributed in grade in the following percentages: 0.375 percent for rear admiral; 0.375 percent for rear admiral (lower half); 6.0 percent for captain; 15.0 percent for commander; and 22.0 percent for lieutenant commander.

“(2) DISCRETIONARY.—The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign.

“(3) AUTHORITY OF SECRETARY TO REDUCE PERCENTAGE.—The Secretary—

“(A) may reduce, as the needs of the Coast Guard require, any of the percentages set forth in paragraph (1); and

“(B) shall apply that total percentage reduction to any other lower grade or combination of lower grades.

“(c) Computations.—

“(1) IN GENERAL.—The Secretary shall compute, at least once each year, the total number of commissioned officers authorized to serve in each grade by applying the grade distribution percentages established by or under this section to the total number of commissioned officers listed on the current active duty promotion list.

“(2) ROUNDING FRACTIONS.—Subject to subsection (a), in making the computations under paragraph (1), any fraction shall be rounded to the nearest whole number.

“(3) TREATMENT OF OFFICERS SERVING OUTSIDE COAST GUARD.—The number of commissioned officers on the active duty promotion list below the rank of rear admiral (lower half) serving with other Federal departments or agencies on a reimbursable basis or excluded under section 324(d) of title 49 shall not be counted against the total number of commissioned officers authorized to serve in each grade.

“(d) Use of numbers; temporary increases.—The numbers resulting from computations under subsection (c) shall be, for all purposes, the authorized number in each grade; except that the authorized number for a grade is temporarily increased during the period between one computation and the next by the number of officers originally appointed in that grade during that period and the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason.

“(e) Officers serving coast guard academy and reserve.—The number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy and of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components shall be prescribed by the Secretary.”.

(b) Clerical amendment.—The analysis for chapter 3 of such title is amended by striking the item relating to section 42 and inserting the following:


“42. Number and distribution of commissioned officers on active duty promotion list.”.

SEC. 706. Administration of Maritime Security.

(a) Establish maritime security as a Coast Guard function.—Chapter 5 of title 14, United States Code, is further amended by adding at the end the following new section:

§ 103. Maritime security

“To protect life, property, and the environment on, under, and over waters subject to the jurisdiction of the United States and on vessels subject to the jurisdiction of the United States, the Commandant shall promote maritime security as follows:

“(1) By taking actions necessary in the public interest to protect such life, property, and the environment.

“(2) Based on priorities established by the Commandant including—

“(A) protecting maritime borders from all intrusions, reducing the risk from terrorism to United States passengers at foreign and domestic ports and in designated waterfront facilities, and preventing and responding to terrorist attacks and other homeland security threats;

“(B) protecting critical maritime infrastructure and other key resources; and

“(C) preventing, to the maximum extent practicable, a transportation security incident as defined in section 70101 of title 46.”.

(b) Clerical amendment.—The analysis at the beginning of such chapter is further amended by adding at the end the following new item:


“Sec. 103. Maritime security.”.

(c) Maritime Security Staff.—

(1) IN GENERAL.—Chapter 3 of title 14, United States Code, is further amended by adding at the end the following new sections:

§ 60. Maritime security workforce

“(a) Designation of maritime security workforce.—

“(1) IN GENERAL.—The Secretary, acting through the Commandant, shall ensure appropriate coverage of maritime security missions within the workforce in each sector.

“(2) REQUIRED POSITIONS.—In designating positions under paragraph (1), the Secretary shall include the following maritime security-related positions:

“(A) Program oversight.

“(B) Counterterrorism functions.

“(C) Counterintelligence functions.

“(D) Criminal investigations related to maritime security.

“(E) Port security enforcement.

“(F) Any other activities that the Commandant deems as necessary.

“(3) MARITIME SECURITY MANAGEMENT ACTIVITIES.—The Secretary shall also designate under paragraph (1) those maritime security-related management positions located at Coast Guard headquarters, Coast Guard Readiness Command, Coast Guard Operations Command, the Deployable Operations Group, and the Intelligence Coordination Center.

“(b) Career paths.—The Secretary, acting through the Commandant, may establish appropriate career paths for civilian and military Coast Guard personnel who wish to pursue careers in maritime security are identified in terms of the education, training, experience, and assignments necessary for career progression of civilians and member of the Armed Forces to the most senior maritime security positions. The Secretary shall make available published information on such career paths.

“(c) Balanced workforce policy.—In the development of maritime security workforce policies under this section with respect to any civilian employees or applicants for employment with the Coast Guard, the Secretary shall, consistent with the merit system principles set out in paragraphs (1) and (2) of section 2301(b) of title 5, take into consideration the need to maintain a balanced workforce in which women and members of racial and ethnic minority groups are appropriately represented in Government service.

“(d) Sector Chief of Maritime Security.—

“(1) IN GENERAL.—The Commandant may assign, as appropriate, a Chief of Maritime Security who shall be at least a Lieutenant Commander or civilian employee within the grade GS–13 of the General Schedule in each Coast Guard sector.

“(2) FUNCTIONS.—The Chief of Maritime Security for a sector—

“(A) is responsible for all individuals who, on behalf of the Coast Guard, conduct port security operations, counterterrorism operations, intelligence and counterintelligence operations, and support national defense operations; and

“(B) if not the Coast Guard officer in command of that sector, is the principal advisor to the Sector Commander regarding maritime security matters in that sector.

“(e) Signatories of letter of qualification.—Each individual signing a letter of qualification for maritime security personnel must hold a letter of qualification for the type being certified.

§ 61. Centers of expertise for maritime security

“(a) Establishment.—The Commandant may establish and operate one or more centers of Maritime Security (in this section referred to as a ‘Center’).

“(b) Missions.—The Centers shall—

“(1) be used to facility education, training, and research in maritime security including maritime domain awareness, counterterrorism policy and operations, and intelligence collection, fusion, and dissemination;

“(2) develop a repository on information on maritime security; and

“(3) perform any other function as the Commandant may specify.

“(c) Joint operation with educational institution authorized.—The Commandant may enter into an agreement with an appropriate official of an institution of higher education to—

“(1) provide for joint operation of a Center; and

“(2) provide necessary administrative service for a Center, including administration and allocation of funds.

“(d) Acceptance of donations.—

“(1) IN GENERAL.—The Commandant may accept, on behalf of a center, donations to be used to defray the costs of the Center or to enhance the operation of the Center.

“(2) GUIDANCE.—The Commandant shall prescribe written guidance setting forth the criteria to be used in determining if the acceptance of a donation is appropriate.”.

(2) CLERICAL AMENDMENT.—The analysis at the beginning of such chapter is further amended by adding at the end the following new items:


“Sec. 60. Maritime security workforce.

“Sec. 61. Centers of expertise for maritime security.”.

(d) Powers and duties.—Section 93 of title 14, United States Code, is amended by adding at the end the following new subsection:

“(e) In exercising the Commandant’s duties and responsibilities with regard to maritime security, the Commandant shall designate a flag officer to serve as the principal advisor to the Commandant for maritime security. The designee shall have at least 10 years combined experience in operations, intelligence, counterterrorism, counterintelligence, port security, criminal investigations (except maritime casualty investigations), and port security or other maritime security functions, and at least four years of leadership experience at a staff or unit carrying out maritime security functions.”.

SEC. 707. Maritime security response teams.

Section 70106 of title 46, United States Code, is amended by striking subsection (c) and inserting the following:

“(c) Maritime security response teams.—

“(1) IN GENERAL.—In addition to the maritime safety and security teams, the Secretary shall establish no less than two maritime security response teams to act as the Coast Guard’s rapidly deployable counterterrorism and law enforcement response units that can apply advanced interdiction skills in response to threats of maritime terrorism.

“(2) MINIMIZATION OF RESPONSE TIME.—The maritime security response teams shall be stationed in such a way to minimize, to the extent practicable, the response time to any reported maritime terrorist threat.

“(3) DEDICATED AVIATION SUPPORT.—The maritime security response teams required by this subsection shall include a deployable aviation support element capable of providing regular training to ensure a maritime security response team’s proficiency in vertical insertion operations.

“(d) Coordination with other agencies.—To the maximum extent feasible, each maritime safety and security team and maritime security response team shall coordinate its activities with other Federal, State, and local law enforcement and emergency response agencies.”.

SEC. 708. Maritime safety and security teams.

None of the funds authorized in this Act may be used to decommission or otherwise reduce the capabilities of a maritime safety and security team commissioned prior to the date of enactment of this Act unless the Secretary certifies in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that such a decommissioning would not diminish the Coast Guard’s ability to respond in an effective and timely manner to a suspected terrorism or other homeland security threat in the port or region where such a maritime safety and security team is located.

SEC. 709. Waterside security of certain dangerous cargo.

(a) National Study.—

(1) IN GENERAL.—The Secretary of Homeland Security, acting through the Commandant of the Coast Guard, shall—

(A) initiate a national study to identify measures to improve the security of maritime transportation of certain dangerous cargo; and

(B) coordinate with other Federal agencies, the National Maritime Security Advisory Committee, and appropriate State and local government officials through the Area Maritime Security Committees and other existing coordinating committees, to evaluate the waterside security of vessels carrying, and waterfront facilities handling, certain dangerous cargo.

(2) MATTERS TO BE INCLUDED.—The study conducted under this subsection shall include—

(A) an analysis of existing risk assessment information relating to waterside security generated by the Coast Guard and Area Maritime Security Committees as part of the Maritime Security Risk Assessment Model;

(B) a review and analysis of appropriate roles and responsibilities of maritime stakeholders, including Federal, State, and local law enforcement and industry security personnel, responsible for waterside security of vessels carrying, and waterfront facilities handling, certain dangerous cargo, including—

(i) the number of ports in which State and local law enforcement entities are providing any services to enforce Coast Guard-imposed security zones around vessels transiting to, through, or from United States ports or to conduct security patrols in United States ports;

(ii) the number of formal agreements entered into between the Coast Guard and State and local law enforcement entities to engage State and local law enforcement entities in the enforcement of Coast Guard-imposed security zones around vessels transiting to, through, or from United States ports or the conduct of port security patrols in United States ports, the duration of those agreements, and the aid that State and local entities are engaged to provide through such agreements;

(iii) the extent to which the Coast Guard has set national standards for training, equipment, and resources to ensure that State and local law enforcement entities engaged in enforcing Coast Guard-imposed security zones around vessels transiting to, through, or from United States ports or in conducting port security patrols in United States ports (or both) can deter to the maximum extent practicable a transportation security incident;

(iv) the extent to which the Coast Guard has assessed the ability of State and local law enforcement entities to carry out the security assignments that they have been engaged to perform, including their ability to meet any national standards for training, equipment, and resources that have been established by the Coast Guard in order to ensure that those entities can deter to the maximum extent practicable a transportation security incident;

(v) the extent to which State and local law enforcement entities are able to meet national standards for training, equipment, and resources established by the Coast Guard to ensure that those entities can deter to the maximum extent practicable a transportation security incident;

(vi) the differences in law enforcement authority, and particularly boarding authority, between the Coast Guard and State and local law enforcement entities, and the impact that these differences have on the ability of State and local law enforcement entities to provide the same level of security that the Coast Guard provides during the enforcement of Coast Guard-imposed security zones and the conduct of security patrols in United States ports; and

(vii) the extent of resource, training, and equipment differences between State and local law enforcement entities and the Coast Guard units engaged in enforcing Coast Guard-imposed security zones around vessels transiting to, through, or from United States ports or conducting security patrols in United States ports;

(C) recommendations for risk-based security measures to improve waterside security of vessels carrying, and waterfront facilities handling, certain dangerous cargo; and

(D) identification of security funding alternatives, including an analysis of the potential for cost-sharing by the public and private sectors as well as any challenges associated with such cost-sharing.

(3) INFORMATION PROTECTION.—In carrying out the coordination necessary to effectively complete the study, the Commandant shall implement measures to ensure the protection of any sensitive security information, proprietary information, or classified information collected, reviewed, or shared during collaborative engagement with maritime stakeholders and other Government entities, except that nothing in this paragraph shall constitute authority to withhold information from—

(A) the Congress; or

(B) first responders requiring such information for the protection of life or property.

(4) REPORT.—Not later than 12 months after the date of enactment of this Act, the Secretary, acting through the Commandant, shall submit to the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives and the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate a report on the results of the study under this subsection.

(b) National strategy.—Not later than 6 months after submission of the report required by subsection (a), the Secretary, acting through the Commandant, shall develop, in conjunction with appropriate Federal agencies, a national strategy for the waterside security of vessels carrying, and waterfront facilities handling, certain dangerous cargo. The strategy shall utilize the results of the study required by subsection (a).

(c) Security of certain dangerous cargo.—

(1) ENFORCEMENT OF SECURITY ZONES.—Consistent with other provisions of Federal law, the Coast Guard shall coordinate and be responsible for the enforcement of any Federal security zone established by the Coast Guard around a vessel containing certain dangerous cargo. The Coast Guard shall allocate available resources so as to deter and respond to a transportation security incident, to the maximum extent practicable, and to protect lives or protect property in danger.

(2) LIMITATION ON RELIANCE ON STATE AND LOCAL GOVERNMENT.—Any security arrangement approved after the date of enactment of this Act to assist in the enforcement of any security zone established by the Coast Guard around a vessel carrying a certain dangerous cargo or around a waterfront facility handling a certain dangerous cargo may not be based upon the provision of security by a State or local government unless the Secretary, acting through the Commandant of the Coast Guard, ensures that the waterborne patrols operated as part of that security arrangement by a State or local government have the training, resources, personnel, and experience necessary to carry out the security responsibilities that they have been engaged to perform in order, to the maximum extent practicable, to deter and respond to a transportation security incident.

(3) DETERMINATION REQUIRED FOR NEW FACILITIES.—The Secretary of Homeland Security, acting through the Commandant of the Coast Guard, may not approve a facility security plan under section 70103 of title 46, United States Code, for a new facility the construction of which is begun after the date of enactment of this Act, that receives or ships through maritime commerce certain dangerous cargo unless the Secretary determines that there are sufficient resources available to ensure compliance with the facility security plan.

(4) RESOURCE DEFICIENCY REPORTING.—The Secretary, acting through the Commandant of the Coast Guard, shall provide to the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives and the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate 90 days after the end of each fiscal year a report indicating—

(A) the number of security zones established for certain dangerous cargo shipments;

(B) the number of certain dangerous cargo shipments provided a waterborne security escort, subdivided by Federal, State, local, or private security; and

(C) an assessment as to any additional vessels, personnel, infrastructure, and other resources necessary to provide waterborne escorts to those certain dangerous cargo shipments for which a security zone is established.

(d) Definitions.—For the purposes of this section, the follow definitions apply:

(1) CERTAIN DANGEROUS CARGO.—The term “certain dangerous cargo” means a material, or a group or class of material, in a particular amount and form that the Secretary, though the Commandant, determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce.

(2) AREA MARITIME SECURITY COMMITTEE.—The term “Area Maritime Security Committee” means each of those committees responsible for producing Area Maritime Transportation Security Plans under chapter 701 of title 46, United States Code.

(3) TRANSPORTATION SECURITY INCIDENT.—The term “transportation security incident” has the same meaning as that term has in section 70101 of title 46, United States Code.

SEC. 710. Coast Guard vessels and aircraft.

(a) Authority To fire At or into a vessel.—Section 637(c) of title 14, United States Code, is amended—

(1) in paragraph (1), by striking “; or” and inserting a semicolon;

(2) in paragraph (2), by striking the period at the end and inserting “; or”; and

(3) by adding at the end the following:

“(3) any other vessel or aircraft on government noncommercial service when—

“(A) the vessel or aircraft is under the tactical control of the Coast Guard; and

“(B) at least one member of the Coast Guard is assigned and conducting a Coast Guard mission on the vessel or aircraft.”.

(b) Authority To display Coast Guard ensigns and pennants.—Section 638(a) of title 14, United States Code, is amended by striking “Coast Guard vessels and aircraft” and inserting “Vessels and aircraft authorized by the Secretary”.

SEC. 711. Laser Training System.

(a) In general.—Within one year after the date of enactment of this Act, the Secretary shall test an integrated laser engagement system for the training of members of the Coast Guard assigned to small vessels in the use of individual weapons and machine guns on those vessels. The test shall be conducted on vessels on the Great Lakes using similar laser equipment used by other Federal agencies. However, that equipment shall be adapted for use in the marine environment.

(b) Report.—The Secretary shall submit a report to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate within 6 months after the conclusions of the test required under subsection (a) on the costs and benefits of using the system regionally and nationwide to train members of the Coast Guard in the use of individual weapons and machine guns.

SEC. 712. Coast Guard detection canine team program expansion.

(a) Definitions.—For purposes of this section:

(1) CANINE DETECTION TEAM.—The term “detection canine team” means a canine and a canine handler that are trained to detect narcotics or explosives, or other threats as defined by the Secretary.

(2) SECRETARY.—The term “Secretary” means the Secretary of Homeland Security.

(b) Detection canine teams.—

(1) INCREASED CAPACITY.—Not later than 240 days after the date of enactment of this Act, the Secretary shall—

(A) begin to increase the number of detection canine teams certified by the Coast Guard for the purposes of maritime-related security by no fewer than 10 canine teams annually through fiscal year 2013; and

(B) encourage owners and operators of port facilities, passenger cruise liners, oceangoing cargo vessels, and other vessels identified by the Secretary to strengthen security through the use of highly trained detection canine teams.

(2) CANINE PROCUREMENT.—The Secretary, acting through the Commandant of the Coast Guard, shall—

(A) procure detection canine teams as efficiently as possible, including, to the greatest extent possible, through increased domestic breeding, while meeting the performance needs and criteria established by the Commandant;

(B) support expansion and upgrading of existing canine training facilities operated by the Department of Homeland Security; and

(C) as appropriate, partner with other Federal, State, or local agencies, nonprofit organizations, universities, or the private sector to increase the breeding and training capacity for Coast Guard canine detection teams.

(c) Deployment.—The Secretary shall prioritize deployment of the additional canine teams to ports based on risk, consistent with the Security and Accountability For Every Port Act of 2006 (Public Law 109–347).

SEC. 713. Maritime biometric identification.

(a) In general.—Within one year after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Commandant of the Coast Guard, shall conduct, in the maritime environment, a program for the mobile biometric identification of suspected individuals, including terrorists, to enhance border security and for other purposes.

(b) Requirements.—The Secretary shall ensure the program required in this section is coordinated with other biometric identification programs within the Department of Homeland Security.

(c) Cost analysis.—Within 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Appropriations and Homeland Security of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate an analysis of the cost of expanding the Coast Guard’s biometric identification capabilities for use by the Coast Guards Deployable Operations Group, cutters, stations, and other deployable maritime teams considered appropriate by the Secretary, and any other appropriate Department of Homeland Security maritime vessels and units. The analysis may include a tiered plan for the deployment of this program that gives priority to vessels and units more likely to encounter individuals suspected of making illegal border crossings through the maritime environment.

(d) Definition.—For the purposes of this section, the term “biometric identification” means use of fingerprint and digital photography images and facial and iris scan technology.

(e) Study on combination of facial and iris recognition.—

(1) STUDY REQUIRED.—The Secretary of Homeland Security shall carry out a study on the use by the Coast Guard of the combination of facial and iris recognition to rapidly identify individuals for security purposes. Such study shall focus on—

(A) increased accuracy of facial recognition;

(B) enhancement of existing iris recognition technology; and

(C) establishment of integrated face and iris features for accurate identification of individuals.

(2) PURPOSE OF STUDY.—The purpose of the study required by paragraph (1) is to facilitate the use of a combination of facial and iris recognition to provide a higher probability of success in identification than either approach on its own and to achieve transformational advances in the flexibility, authenticity, and overall capability of integrated biometric detectors and satisfy one of major issues with war against terrorists. The operational goal of the study should be to provide the capability to nonintrusively collect biometrics (face image, iris) in an accurate and expeditious manner to assist the Coast Guard in fulfilling its mission to protect and support national security.

SEC. 714. Review of potential threats.

Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report analyzing the threat, vulnerability, and consequence of a terrorist attack on gasoline and chemical cargo shipments in port activity areas in the United States.

SEC. 715. Port security pilot.

The Secretary of Homeland Security shall establish a pilot program to test and deploy preventive radiological or nuclear detection equipment on Coast Guard vessels and other locations in select port regions to enhance border security and for other purposes. The pilot program shall leverage existing Federal grant funding to support this program and the procurement of additional equipment.

SEC. 716. Seasonal workers.

(a) Study.—The Comptroller General of the United States shall conduct a study on the effects that the Transportation Worker Identification Credential (in this section referred to as “TWIC”) required by section 70105 of title 46, United States Code, has on companies that employ seasonal employees.

(b) Report.—Not later than one year after the date of enactment of this Act, the Comptroller General shall submit a report to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the results of the study, including—

(1) costs associated in requiring seasonal employees to obtain TWIC cards on companies;

(2) whether the Coast Guard and Transportation Security Administration are processing TWIC applications quickly enough for seasonal workers to obtain TWIC certification;

(3) whether TWIC compliance costs or other factors have led to a reduction in service;

(4) the impact of TWIC on the recruiting and hiring of seasonal and other temporary employees; and

(5) an assessment of possible alternatives to TWIC certification that may be used for seasonal employees including any security vulnerabilities created by those alternatives.

SEC. 717. Pilot program for fingerprinting of maritime workers.

(a) In general.—Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall establish procedures providing for an individual who is required to be fingerprinted for purposes of obtaining a transportation security card under section 70105 of title 46, United States Code, to be fingerprinted at any facility operated by or under contract with an agency of the Department of Homeland Security that fingerprints the public for the Department.

(b) Expiration.—This section expires on December 31, 2012.

SEC. 718. Transportation security cards on vessels.

Section 70105(b)(2) of title 46, United States Code, is amended—

(1) in subparagraph (B), by inserting after “title” the following: “allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title”; and

(2) in subparagraph (D), by inserting after “tank vessel” the following: “allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title”.

SEC. 719. International labor study.

The Comptroller General of the United States shall conduct a study of methods to conduct a background security investigation of an individual who possesses a biometric identification card that complies with International Labor Convention number 185 that are equivalent to the investigation conducted on individuals applying for a visa to enter the United States. The Comptroller General shall submit a report on the study within 180 days after the date of enactment of this Act to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 720. Maritime Security Advisory Committees.

Section 70112 of title 46, United States Code, is amended—

(1) by amending subsection (b)(5) to read as follows:

“(5)(A) The National Maritime Security Advisory Committee shall be composed of—

“(i) at least 1 individual who represents the interests of the port authorities;

“(ii) at least 1 individual who represents the interests of the facilities owners or operators;

“(iii) at least 1 individual who represents the interests of the terminal owners or operators;

“(iv) at least 1 individual who represents the interests of the vessel owners or operators;

“(v) at least 1 individual who represents the interests of the maritime labor organizations;

“(vi) at least 1 individual who represents the interests of the academic community;

“(vii) at least 1 individual who represents the interests of State or local governments; and

“(viii) at least 1 individual who represents the interests of the maritime industry.

“(B) Each Area Maritime Security Advisory Committee shall be composed of individuals who represents the interests of the port industry, terminal operators, port labor organizations, and other users of the port areas.”; and

(2) in subsection (g)—

(A) in paragraph (1)(A), by striking “2008;” and inserting “2010;”;

(B) by repealing paragraph (2);

(C) by striking “(1)”; and

(D) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2).

SEC. 721. Seamen’s shoreside access.

Each facility security plan approved under section 70103(c) of title 46, United States Code, shall provide a system for seamen assigned to a vessel at that facility, pilots, and representatives of seamen’s welfare and labor organizations to board and depart the vessel through the facility in a timely manner at no cost to the individual.

SEC. 722. Use of force against piracy.

(a) In general.—Chapter 81 of title 46, United States Code, is amended by adding at the end the following new section:

§ 8107. Use of force against piracy

“A person who uses force at sea to defend a vessel against an act of piracy shall not be liable for monetary damages in any action brought with respect to harm caused by such use of force to anyone engaging in such act of piracy, unless the person using such force knew at the time that it was substantially in excess of what was reasonable in defending the vessel against such act of piracy.”.

(b) Clerical amendment.—The analysis at the beginning of such chapter is amended by adding at the end the following new item:


“8107. Use of force against piracy.”.

SEC. 723. Agreements.

To carry out the purpose of this title, the Secretary shall work through the International Maritime Organization to establish agreements to promote coordinated action among flag- and port-states to deter, protect against, and rapidly respond to acts of piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those established by section 8107 of title 46, United States Code, as amended by this title.

SEC. 724. Risk-based cargo security program.

(a) In general.—Section 1701 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53) is amended by—

(1) striking section 1701(b)(2);

(2) striking “under (2)(B)” in section 1701(b)(3); and

(3) striking “specified in paragraph (2)(A) or (2)(B)” in section 1701(b)(4).

(b) Risk-based scanning.—The Secretary shall expand the Container Security Initiative program established in section 205 of the SAFE Port Act (Public Law 109–347) to not less than five additional foreign ports not later than December 31, 2012.

SEC. 731. Short title.

This subtitle may be cited as the “Alien Smuggling and Terrorism Prevention Act of 2010”.

SEC. 732. Findings.

The Congress makes the following findings:

(1) Alien smuggling by land, air and sea is a transnational crime that violates the integrity of United States borders, compromises our Nation's sovereignty, places the country at risk of terrorist activity, and contravenes the rule of law.

(2) Aggressive enforcement activity against alien smuggling is needed to protect our borders and ensure the security of our Nation. The border security and anti-smuggling efforts of the men and women on the Nation's front line of defense are to be commended. Special recognition is due the Department of Homeland Security through the United States Border Patrol, Coast Guard, Customs and Border Protection, and Immigration and Customs Enforcement, and the Department of Justice through the Federal Bureau of Investigation.

(3) The law enforcement community must be given the statutory tools necessary to address this security threat. Only through effective alien smuggling statutes can the Justice Department, through the United States Attorneys' Offices and the Domestic Security Section of the Criminal Division, prosecute these cases successfully.

(4) Alien smuggling has a destabilizing effect on border communities. State and local law enforcement, medical personnel, social service providers, and the faith community play important roles in combating smuggling and responding to its effects.

(5) Existing penalties for alien smuggling are insufficient to provide appropriate punishment for alien smugglers.

(6) Existing alien smuggling laws often fail to reach the conduct of alien smugglers, transporters, recruiters, guides, and boat captains.

(7) Existing laws concerning failure to heave to are insufficient to appropriately punish boat operators and crew who engage in the reckless transportation of aliens on the high seas and seek to evade capture.

(8) Much of the conduct in alien smuggling rings occurs outside of the United States. Ex­tra­ter­ri­tor­i­al jurisdiction is needed to ensure that smuggling rings can be brought to justice for recruiting, sending, and facilitating the movement of those who seek to enter the United States without lawful authority.

(9) Alien smuggling can include unsafe or recklessly dangerous conditions that expose individuals to particularly high risk of injury or death.

SEC. 733. Checks against terrorist watchlist.

The Secretary of Homeland Security shall, to the extent practicable, check against all available terrorist watchlists those persons suspected of alien smuggling and smuggled individuals who are interdicted at the land, air, and sea borders of the United States.

SEC. 734. Strengthening prosecution and punishment of alien smugglers.

Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended—

(1) by amending the subsection heading to read as follows: “Bringing In, Harboring, and Smuggling of Unlawful and Terrorist Aliens.—”; and

(2) by amending paragraphs (1) through (2) to read as follows:

“(1)(A) Whoever, knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to, enter, or reside in the United States, knowingly—

“(i) brings that individual to the United States in any manner whatsoever regardless of any future official action which may be taken with respect to such individual;

“(ii) recruits, encourages, or induces that individual to come to, enter, or reside in the United States;

“(iii) transports or moves that individual in the United States, in furtherance of their unlawful presence; or

“(iv) harbors, conceals, or shields from detection the individual in any place in the United States, including any building or any means of transportation;

or attempts or conspires to do so, shall be punished as provided in subparagraph (C).

“(B) Whoever, knowing that an individual is an alien, brings that individual to the United States in any manner whatsoever at a place, other than a designated port of entry or place designated by the Secretary of Homeland Security, regardless of whether such individual has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such individual, or attempts or conspires to do so, shall be punished as provided in subparagraph (C).

“(C) Whoever commits an offense under this paragraph shall, for each individual in respect to whom such a violation occurs—

“(i) if the offense results in the death of any person, be fined under title 18, United States Code, and subject to the penalty of death or imprisonment for any term of years or for life;

“(ii) if the offense involves kidnaping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 of title 18, United States Code, without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under title 18, United States Code, or imprisoned for any term of years or life, or both;

“(iii) if the offense involves an individual who the defendant knew was engaged in or intended to engage in terrorist activity (as defined in section 212(a)(3)(B)), be fined under title 18, United States Code, or imprisoned not more than 30 years, or both;

“(iv) if the offense results in serious bodily injury (as defined in section 1365 of title 18, United States Code) or places in jeopardy the life of any person, be fined under title 18, United States Code, or imprisoned not more than 20 years, or both;

“(v) if the offense is a violation of paragraph (1)(A)(i) and was committed for the purpose of profit, commercial advantage, or private financial gain, or if the offense was committed with the intent or reason to believe that the individual unlawfully brought into the United States will commit an offense against the United States or any State that is punishable by imprisonment for more than 1 year, be fined under title 18, United States Code, and imprisoned, in the case of a first or second violation, not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years;

“(vi) if the offense is a violation of paragraph (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was committed for the purpose of profit, commercial advantage, or private financial gain, be fined under title 18, United States Code, or imprisoned not more than 10 years, or both;

“(vii) if the offense involves the transit of the defendant’s spouse, child, sibling, parent, grandparent, or niece or nephew, and the offense is not described in any of clauses (i) through (vi), be fined under title 18, United States Code, or imprisoned not more than 1 year, or both; and

“(viii) in any other case, be fined under title 18, United States Code, or imprisoned not more than 5 years, or both.

“(2)(A) There is extraterritorial jurisdiction over the offenses described in paragraph (1).

“(B) In a prosecution for a violation of, or an attempt or conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no defense based on necessity can be raised unless the defendant—

“(i) as soon as practicable, reported to the Coast Guard the circumstances of the necessity, and if a rescue is claimed, the name, description, registry number, and location of the vessel engaging in the rescue; and

“(ii) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement set forth in clause (i) is satisfied by notifying the Coast Guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore.

“(C) It is not a violation of, or an attempt or conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph (1)(A)(ii) (except if a person recruits, encourages, or induces an alien to come to or enter the United States), for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officer of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year.

“(D) For purposes of this paragraph and paragraph (1)—

“(i) the term ‘United States’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and

“(ii) the term ‘lawful authority’ means permission, authorization, or waiver that is expressly provided for in the immigration laws of the United States or the regulations prescribed under those laws and does not include any such authority secured by fraud or otherwise obtained in violation of law or authority that has been sought but not approved.”.

SEC. 735. Maritime law enforcement.

(a) Penalties.—Subsection (b) of section 2237 of title 18, United States Code, is amended to read as follows:

“(b) Whoever intentionally violates this section shall—

“(1) if the offense results in death or involves kidnaping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under such title or imprisoned for any term of years or life, or both;

“(2) if the offense results in serious bodily injury (as defined in section 1365 of this title) or transportation under inhumane conditions, be fined under this title, imprisoned not more than 15 years, or both;

“(3) if the offense is committed in the course of a violation of section 274 of the Immigration and Nationality Act (alien smuggling); chapter 77 (peonage, slavery, and trafficking in persons), section 111 (shipping), 111A (interference with vessels), 113 (stolen property), or 117 (transportation for illegal sexual activity) of this title; chapter 705 (maritime drug law enforcement) of title 46, or title II of the Act of June 15, 1917 (Chapter 30; 40 Stat. 220), be fined under this title or imprisoned for not more than 10 years, or both; and

“(4) in any other case, be fined under this title or imprisoned for not more than 5 years, or both.”.

(b) Limitation on necessity defense.—Section 2237(c) of title 18, United States Code, is amended—

(1) by inserting “(1)” after “(c)”; and

(2) by adding at the end the following:

“(2) In a prosecution for a violation of this section, no defense based on necessity can be raised unless the defendant—

“(A) as soon as practicable upon reaching shore, delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel;

“(B) as soon as practicable, reported to the Coast Guard the circumstances of the necessity resulting giving rise to the defense; and

“(C) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien, as that term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)), into the land territory of the United States without lawful authority, unless exigent cir­cum­stances existed that placed the life of that alien in danger, in which case the reporting requirement of subparagraph (B) is satisfied by notifying the Coast Guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore.”.

(c) Definition.—Section 2237(e) of title 18, United States Code, is amended—

(1) by striking “and” at the end of paragraph (3);

(2) by striking the period at the end of paragraph (4) and inserting “; and”; and

(3) by adding at the end the following:

“(5) the term ‘transportation under inhumane conditions’ means the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported.”.

SEC. 736. Amendment to the sentencing guidelines.

(a) In general.—Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding.

(b) Considerations.—In carrying out this section, the Sentencing Commission, shall—

(1) consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in subsection (a) that—

(A) involve a pattern of continued and flagrant violations;

(B) are part of an ongoing commercial organization or enterprise;

(C) involve aliens who were transported in groups of 10 or more;

(D) involve the transportation or abandonment of aliens in a manner that endangered their lives; or

(E) involve the facilitation of terrorist activity; and

(2) consider cross-references to the guidelines for Criminal Sexual Abuse and Attempted Murder.

(c) Expedited procedures.—The Commission may promulgate the guidelines or amendments under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.

SEC. 801. Authorization of appropriations for Federal Protective Service.

(a) In general.—Of the amount authorized in section 201, there is authorized to be appropriated to the Director of the Federal Protective Service $246,000,000 for fiscal year 2011 to carry out Federal Protective Service counterterrorism functions, including—

(1) law enforcement on federally controlled property;

(2) incident investigations;

(3) suspect capture and detention;

(4) 24-hour security alarm monitoring;

(5) nationwide dispatch services;

(6) facility security assessments; and

(7) terrorism prevention.

(b) Sufficient funding to effectively double the size of the Federal Protective Service inspector force.—In addition to amounts authorized under subsection (a), the Federal Protective Service is authorized 1,200 full-time equivalent positions in the Federal Protective Service inspector force that monitor performance of security personnel services procured by contract.

SEC. 802. Federal Protective Service authority to carry out basic security functions.

(a) In general.—Section 1315(a) of title 40, United States Code, is amended by—

(1) striking “(a) In general.—” and inserting the following:

“(a) In general.—

“(1) PROTECTION OF FEDERAL PROPERTY.—”; and

(2) by adding at the end the following new paragraph:

“(2) AUTHORITY OVER GSA PROPERTIES.—The Secretary, acting through the Federal Protective Service, shall have the lead authority in the executive branch to carry out counterterrorism functions on Federal property managed by the General Services Administration (including property leased by the General Services Administration), including—

“(A) law enforcement on federally controlled property;

“(B) incident investigations;

“(C) suspect capture and detention;

“(D) 24-hour security alarm monitoring;

“(E) nationwide dispatch services;

“(F) facility security assessments; and

“(G) terrorism prevention.

“(3) AGREEMENTS WITH OTHER LAW ENFORCEMENT AUTHORITIES.—Nothing in this subsection shall preempt the Federal Protective Service from entering into agreements with other Federal, State, or local law enforcement authorities to provide security or respond to incidents on property that is under the jurisdiction and control of the Administrator of General Services.”.

(b) Conforming amendments.—

(1) Section 1315(g) of title 40, United States Code, is amended by striking “Nothing” and inserting “Subject to subsection (a)(2), nothing”.

(2) Section 1706(b)(2) of the Homeland Security Act of 2002 (40 U.S.C. 1315 note) is amended by striking “The Secretary” and inserting “Subject to subsection (a)(2), the Secretary”.

SEC. 803. Strategic plan requirement.

(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to Congress a 5-year budget outlook and strategic plan for the Federal Protective Service that includes the following:

(1) Estimates of staffing and associated costs the Federal Protective Service requires in order to provide basic security functions.

(2) Estimates of staffing and associated costs the Federal Protective Service requires in order to assess the need for and, as appropriate, provide building specific security countermeasures.

(3) Estimates of staffing and associated costs the Federal Protective Service requires for reimbursable agency-specific security work authorization functions.

(4) Reviews of the performance of contractor-provided security guards that assesses both quality and cost of individual private contract guard companies performing Federal Protective Service guard functions under contract.

(b) Updates.—The Secretary shall include an annual update of such plan with the President’s annual budget submission to the Congress.

SEC. 804. Facility security risk assessments.

(a) In general.—The Secretary of Homeland Security, acting through the Director of Federal Protective Service, shall—

(1) conduct facility security assessments in consultation with the facility security committee established for a facility;

(2) prepare a report on each assessment, including recommendations of countermeasures against a terrorist attack to ensure the security of the facility concerned; and

(3) give the facility security committee established for such a facility a 60-day period to review and comment on each report.

(b) Selection of recommendations for implementation.—

(1) SELECTION BY GSA.—Upon the completion of the period for review and comment under subsection (a)(3)—

(A) the Director shall submit the assessment report to the Administrator of General Services; and

(B) the Administrator may select for implementation any of the recommendations of countermeasures in the report for implementation.

(2) NOTIFICATION OF NONSELECTION.—If the Administrator determines that any of the recommendations of countermeasures in a report submitted under paragraph (1) should not be implemented for a facility, the Administrator shall notify the head of each Federal agency in the facility and the facility security committee for the facility that the recommendation will not be implemented, including the reasons why.

(3) SELECTION BY FACILITY SECURITY COMMITTEE.—If a facility security committee receives notice under paragraph (2) regarding any recommendations, it may select any of the recommendations for implementation.

(c) Reimbursement.—If any of the recommendations in a report submitted under subsection (a) is selected by the Administrator or a facility security committee under subsection (c) for implementation—

(1) the Director shall implement the recommendation;

(2) the Administrator shall allocate to the Federal agencies in that facility the costs incurred by the Federal Protective Service for such implementation; and

(3) each such agency shall reimburse the Federal Protective Service for the costs allocated to the agency by the Administrator.

(d) Annual report.—The Director shall submit an annual report to Congress on the disposition of recommendations included in reports under this section that the Administrator did not select for implementation.

(e) facility security committee defined.—In this section the term “facility security committee” means a facility security committee established pursuant to the report entitled “Vulnerability Assessment of Federal Facilities”, issued by the Interagency Security Committee established by Executive Order 12977.

SEC. 805. Contract guard staff.

(a) Minimum standards for training and annual recertification.—The Secretary of Homeland Security shall develop minimum standards for training and annual recertification for the Federal Protective Service’s contract guards including—

(1) minimum fitness standards;

(2) annual recertification on access control policies and control equipment, including x-ray and magnetometer training;

(3) training in arrest and control procedures;

(4) training in operation of emergency equipment;

(5) basic first aid and CPR training and certification;

(6) weapons training, as applicable; and

(7) behavior detection training.

(b) Pilot program.—

(1) IN GENERAL.—Within 1 year after the date of enactment of this Act, the Director shall establish a 3-year pilot program in not less than 3 level IV facilities to test and evaluate—

(A) to what extent efficiencies exist in having a federalized guard staff; and

(B) to what extent such a federalized guard staff provides a measurable improvement in facility or personnel security.

(2) REPORT.—Not later than 120 days before the commencement of the program, the Director shall report to Congress regarding what performance metrics will be considered in measuring improvement in efficiencies and security provided by such a federalized guard staff.

(3) MONITORING BY GAO.—The Comptroller General of the United States—

(A) shall monitor and review the conduct of the pilot program; and

(B) shall submit to Congress and the Secretary of Homeland Security an interim report 6 months after the commencement of the pilot program, and a final report within 120 days after the conclusion of the pilot program, that each addresses whether—

(i) the Secretary has established sufficient mechanisms to determine whether the pilot program provides efficiencies in protecting Federal facilities;

(ii) the pilot program consists of an adequate sample of level IV facilities; and

(iii) there are cost savings and security enhancements realized by having a federalized guard force.

SEC. 806. Site inspections.

(a) Right of entry.—For purposes of carrying out this Act, the Secretary of Homeland Security shall have, on presentation of credentials, a right of entry to, on, or through any property for which security is provided by the Federal Protective Service.

(b) Inspections and verifications.—

(1) IN GENERAL.—The Secretary shall, at such time and place as the Secretary determines to be reasonable and appropriate, conduct security inspections and verifications for property for which security is provided by the Federal Protective Service.

(2) UNANNOUNCED INSPECTIONS.—In addition to any inspection conducted pursuant to paragraph (1), the Secretary shall require such properties to undergo unannounced security inspections. The inspections required under this paragraph shall be—

(A) conducted without prior notice to the facility;

(B) designed to evaluate undergoing inspection—

(i) the ability of the Federal Protective Service security and contract guards to prevent an incident that applicable security performance standards are intended to prevent;

(ii) the ability of the Federal Protective Service security and contract guards to protect against terrorist threats that are required to be addressed by applicable performance standards; and

(iii) any weaknesses in the security plan of the facility;

(C) conducted so as not to affect the actual security, physical integrity, or safety of the property or its employees while the inspection is conducted; and

(D) conducted at least—

(i) every year in the case of a level IV facility;

(ii) every 2 years in the case of a level III facility;

(iii) every 3 years in the case of a level II facility; and

(iv) every four years in the case of a level I facility.

(c) Report.—The Secretary shall report annually with the President’s budget submission to Congress on covert testing strategy and results of unannounced inspections under this section.

SEC. 807. Promotion of Federal Protective Service Technology and Training.

(a) In general.—Within 6 months of the date of enactment of this Act, the Director of the Federal Protective Service, in consultation with the Assistant Secretary, Transportation Security Administration, shall publish—

(1) a list of qualified vendors and a list of qualified products that would promote common standards of deployment of personnel and technology;

(2) standards for training personnel, among all Federal Protective Service protected properties; and

(3) best practices for utilizing items on the qualified products list so they are utilized in the most effective manner, including a process to best utilize existing products currently deployed.

(b) Requirement To use lists.—

(1) IN GENERAL.—Following the publication of the qualified vendors list and the qualified products list under subsection (a), the Federal Protective Service may not enter into any contractual arrangement for services or products covered by such lists—

(A) with any person that is not included on the qualified vendors list;

(B) for procurement of any product that is not included on the qualified products list; or

(C) under which a subcontract may be awarded to a person that is not included on the qualified vendors list.

(2) LIMITATION ON APPLICATION.—

(A) IN GENERAL.—Paragraph (1) shall not apply to any contract the Director of the Federal Protective Service determines to be necessary to carry out the security missions of the Federal Protective Service.

(B) NOTIFICATION TO CONGRESS.—The Director shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate in writing within 30 days after entering any contract under this paragraph, setting forth the determination under subparagraph (A) and the basis for that determination.

(c) Cooperative agreement.—Within 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall require the Assistant Secretary, Transportation Security Administration, the Under Secretary for Science and Technology, and the Under Secretary for National Protection and Programs to enter into a memorandum of understanding, or similar cooperative agreement, pursuant to which the Transportation Security Laboratory will provide the Federal Protective Service with expertise, consultation, exchange of information, and testing for technology covered by the qualified vendors list and the qualified products list required by this section.

SEC. 808. Prohibited items list.

(a) In general.—Not later than the end of the 180-day period beginning on the date of enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary of the National Protection and Programs Directorate and in consultation with the Administrator of General Services, shall issue and implement a list of items, including component parts, that are prohibited from being brought into facilities protected by the Federal Protective Service, unless specifically authorized on a case-by-case basis by the Secretary or the Secretary’s designee.

(b) Additional items.—Nothing in this section prohibits a facility security committee from prohibiting items that are not included on such list from being brought into the facility of that committee.

(c) Failure To issue list.—If the Secretary of Homeland Security fails to implement a prohibited items list in accordance with subsection (a), then the prohibited items list established by the Transportation Security Administration for civilian aviation shall apply for facilities protected by the Federal Protective Service—

(1) effective upon expiration of the period referred to in subsection (a); and

(2) until such time as the Secretary, acting through the Under Secretary of the National Protection and Programs Directorate, issues a prohibited items list described in subsection (a).

(d) Facility security committee defined.—In this section the term “facility security committee” means a facility security committee established pursuant to the report entitled “Vulnerability Assessment of Federal Facilities”, issued by the Interagency Security Committee established by Executive Order 12977.

SEC. 809. Report requirement.

(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress the following:

(1) A strategy for more effectively managing the contract guard program of the Federal Protective Service that ensures there is adequate oversight and monitoring of training for such program.

(2) A status report on the implementation of the RAMP program, including an estimated date by which it will be fully operational.

(3) Estimates of the additional manpower, resources, and funding the Federal Protective Service would need in order to provide security for high-profile terror trials in multiple or varying locations.

(4) A status report on the implementation of the CADIS program, including an estimated date by which it will be fully operational.

(5) A coordinated strategy for cooperation between the Under Secretary of the National Protection and Programs Directorate and the Under Secretary for Science and Technology regarding research, development, and deployment of security technology conducted by the Transportation Security Laboratory.

(b) Definitions.—In this section:

(1) CADIS PROGRAM.—The term “CADIS program” means the Computer Aided Dispatch Information System of the Federal Protective Service.

(2) RAMP PROGRAM.—The term “RAMP program” means the Risk Assessment and Management Program of the Federal Protective Service.

SEC. 811. Extension of chemical facilities antiterrorism security program.

(a) In general.—Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by striking “October 4, 2010” and inserting “October 4, 2015”.

(b) Chemical facility security enhancements.—

(1) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:

“SEC. 2101. Chemical security training program.

“(a) Establishment.—Acting through the Administrator of the Federal Emergency Management Agency and in coordination with the Under Secretary for National Protection and Programs, the Secretary shall establish a voluntary chemical security training program (referred to in this section as the ‘training program’) for the purpose of enhancing the capabilities of high-risk chemical facilities to prevent, prepare for, respond to, mitigate against, and recover from threatened or actual acts of terrorism, natural disasters, and other man-made disasters.

“(b) Requirements.—The training program shall provide validated voluntary training that—

“(1) reaches multiple disciplines, including Federal, State, and local government officials, commercial personnel and management, and governmental and nongovernmental emergency response providers;

“(2) provides training at the awareness, performance, and management and planning levels;

“(3) uses multiple training mediums and methods;

“(4) is coordinated with training provided by government training facilities, academic institutions, private organizations, and other entities that provide specialized, state-of-the-art training for governmental and nongovernmental emergency responder providers or commercial personnel and management;

“(5) uses, as appropriate, government training facilities, courses provided by community colleges, public safety academies, State and private universities, and other facilities;

“(6) is consistent with, and supports implementation of, the National Incident Management System, the National Response Framework, the National Infrastructure Protection Plan, the National Preparedness Guidelines, the National Preparedness Goal, the National Maritime Transportation Security Plan, and other such national initiatives, and any successors thereto;

“(7) is evaluated against clear and consistent performance measures;

“(8) addresses security requirements under chemical facility security plans; and

“(9) educates, trains, and involves individuals in neighborhoods around chemical facilities on how to observe and report security risks.

“SEC. 2102. Chemical security exercise program.

“(a) In general.—Acting through the Administrator of the Federal Emergency Management Agency and in coordination with Under Secretary for National Protection and Programs, the Secretary shall develop a voluntary chemical security exercise program (referred to in this section as the ‘exercise program’) for the purpose of offering voluntary testing and evaluation of the capabilities of the Federal Government, State governments, commercial personnel and management, governmental and nongovernmental emergency response providers, the private sector, or any other organization or entity, as the Secretary determines to be appropriate, to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism, natural disasters, and other emergencies at chemical facilities.

“(b) Requirements.—Under the exercise program, the Secretary shall conduct, on a periodic basis, voluntary joint security exercises at chemical facilities that are—

“(1) scaled and tailored to the needs of each chemical facility;

“(2) for the highest risk chemical facilities, as determined by the Secretary, live training exercises;

“(3) as realistic as practicable and based on current risk assessments, including credible threats, vulnerabilities, and consequences;

“(4) consistent with the National Incident Management System, the National Response Framework, the National Infrastructure Protection Plan, the National Preparedness Guidelines, the National Preparedness Goal, the National Maritime Transportation Security Plan, and other such national initiatives, and any successors thereto;

“(5) evaluated against clear and consistent performance measures;

“(6) assessed to learn best practices, which shall be shared with appropriate Federal, State, and local officials, commercial personnel and management, governmental and nongovernmental emergency response providers, and the private sector;

“(7) followed by remedial action in response to lessons learned; and

“(8) designed to assist State and local governments and chemical facilities in designing, implementing, and evaluating exercises that—

“(A) conform to the requirements of this paragraph; and

“(B) are consistent with any applicable Buffer Zone Protection Plan, State homeland security plan, or urban area homeland security plan.

“SEC. 2103. Authorization of appropriations.

“There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this title.”.

(2) TABLE OF CONTENTS.—The table of contents in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 2022 the following:


“Sec. 2101. Chemical security training program.

“Sec. 2102. Chemical security exercise program.

“Sec. 2103. Authorization of appropriations.”.

SEC. 821. Bombing prevention.

(a) In general.—Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following new section:

“SEC. 210F. Office for Bombing Prevention.

“(a) In general.—The Secretary shall establish within the Protective Security Coordination Division of the Office of Infrastructure Protection of the Department an Office for Bombing Prevention (in this section referred to as ‘the Office’).

“(b) Responsibilities.—The Office shall have the primary responsibility for enhancing the ability, and coordinating the efforts, of the United States to deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States, including by—

“(1) serving as the lead agency of the Department for ensuring that programs designed to counter terrorist explosive attacks in the United States function together efficiently to meet the evolving threat from explosives and improvised explosive devices;

“(2) coordinating national and intergovernmental bombing prevention activities to ensure those activities work toward achieving common national goals;

“(3) conducting analysis of the capabilities and requirements necessary for Federal, State, local, and tribal governments to deter, prevent, detect, protect against, and assist in any response to terrorist explosive attacks in the United States by—

“(A) maintaining a national analysis database on the capabilities of bomb squads, explosive detection canine teams, tactics teams, and public safety dive teams; and

“(B) applying the analysis derived from the database described in subparagraph (A) in—

“(i) evaluating progress toward closing identified gaps relating to national strategic goals and standards; and

“(ii) informing decisions relating to homeland security policy, assistance, training, research, development efforts, testing and evaluation, and related requirements;

“(4) promoting secure information sharing of sensitive material and promoting security awareness, including by—

“(A) operating and maintaining a secure information sharing system that allows the sharing of critical information relating to terrorist explosive attack tactics, techniques, and procedures;

“(B) educating the public and private sectors about explosive precursor chemicals;

“(C) working with international partners, in coordination with the Office for International Affairs of the Department, to develop and share effective practices to deter, prevent, detect, protect, and respond to terrorist explosive attacks in the United States; and

“(D) executing national public awareness and vigilance campaigns relating to terrorist explosive threats, preventing explosive attacks, and activities and measures underway to safeguard the United States;

“(5) assisting State, local, and tribal governments in developing multi-jurisdictional improvised explosive devices security plans for high-risk jurisdictions;

“(6) helping to ensure, in coordination with the Under Secretary for Science and Technology and the Administrator of the Federal Emergency Management Agency, the identification and availability of effective technology applications through field pilot testing and acquisition of such technology applications by Federal, State, local, and tribal governments to deter, prevent, detect, protect, and respond to terrorist explosive attacks in the United States;

“(7) coordinating the efforts of the Department relating to, and assisting departments and agencies of Federal, State, local, and tribal governments, and private sector business in, developing and implementing national explosives detection training, certification, and performance standards;

“(8) ensuring the implementation of any recommendations in the national strategy required under section 210G, including developing, maintaining, and tracking progress toward achieving objectives to reduce the vulnerability of the United States to terrorist explosive attacks;

“(9) developing, in coordination with the Administrator of the Federal Emergency Management Agency, programmatic guidance and permitted uses for bombing prevention activities funded by homeland security assistance administered by the Department; and

“(10) establishing and executing a public awareness campaign to inform the general public and private sector businesses on ways they can deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States, that—

“(A) utilizes a broad spectrum of both mainstream and specialty print, radio, television outlets, and the Internet;

“(B) utilizes small and disadvantaged businesses, as defined under the Small Business Act (15 U.S.C. 631 et seq.); and

“(C) ensures that the public awareness messages under the campaign reach and are understandable to underserved populations, including—

“(i) persons with physical and mental disabilities, health problems, visual impairments, hearing impairments, limited English proficiency, and literacy barriers;

“(ii) socially and economically disadvantaged households and communities;

“(iii) the elderly; and

“(iv) children.

“(c) Limitation on statutory construction.—Nothing in this section shall be construed to affect the authority of the Administrator of the Federal Emergency Management Agency, the Director of the United States Secret Service, or the Attorney General of the United States.

“(d) Authorization of appropriations.—

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

“(2) AVAILABILITY.—Amounts made available pursuant to paragraph (1) are authorized to remain available until expended.

“(e) Enhancement of explosives detection canine resources and capabilities.—To enhance the Nation’s explosives detection canine resources and capabilities the Secretary of Homeland Security shall, by partnering with other Federal, State, local, and tribal agencies, nonprofit organizations, universities including historically black colleges and universities and minority serving institutions, and the private sector—

“(1) within 270 days after the date of the enactment of this subsection—

“(A) develop a pilot program that includes a domestic breeding program for purpose-bred explosives detection canines; and

“(B) increase the current number of capability assessments of explosives detection canine units to identify common challenges and gaps in canine explosives detection, to provide for effective domestic preparedness and collective response to terrorism, and to inform grant guidance and priorities, consistent with national capabilities database efforts;

“(2) continue development of a scientifically based training curriculum to enhance consensus-based national training and certification standards to provide for effective domestic preparedness and collective response to terrorism through the effective use of explosives detection canines for explosives detection canines; and

“(3) continue engagement in explosives detection canine research and development activities through partnerships with the Science and Technology Directorate and the Technical Support Working Group.

“SEC. 210G. National strategy.

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

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

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

(b) Technical and conforming amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 210E the following new items:


“Sec. 210F. Office for Bombing Prevention.

“Sec. 210G. National strategy.”.

SEC. 822. Explosives technology development and transfer.

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

“SEC. 318. Explosives research and development.

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

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

“SEC. 319. Technology transfer.

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

“(b) Program.—The activities under the program established under subsection (a) shall include—

“(1) applying the analysis conducted under section 210F(b)(3) of the capabilities and requirements of bomb squad, explosive detection canine teams, tactical teams, and public safety dive teams of Federal, State, and local governments, to determine the training and technology requirements for Federal, State, and local governments, emergency response providers, and the private sector;

“(2) identifying available technologies designed to deter, prevent, detect, protect, or respond to terrorist attacks using explosives or improvised explosive devices that have been, or are in the process of being, developed, tested, evaluated, or demonstrated by the Department, other Federal agencies, the private sector, foreign governments, or international organizations;

“(3) reviewing whether a technology described in paragraph (2) may be useful in assisting Federal, State, or local governments, emergency response providers, or the private sector in detecting, deterring, preventing, or responding to terrorist attacks using explosives or improvised explosive devices; and

“(4) communicating to Federal, State, and local governments, emergency response providers, and the private sector the availability of any technology described in paragraph (2), including providing the specifications of any such technology, indicating whether any such technology satisfies appropriate standards, and identifying grants, if any, available from the Department to purchase any such technology.

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

(b) Technical and conforming amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 317 the following new items:


“Sec. 318. Explosives research and development.

“Sec. 319. Technology transfer.”.

SEC. 823. GAO study of explosives detection canine teams.

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

SEC. 824. Report on canine procurement activities.

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

SEC. 831. Annual cybersecurity threat assessment.

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

SEC. 832. Cybersecurity research and development.

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

(b) Activities.—The research and development supported under subsection (a) shall include work to—

(1) advance the development and deployment Internet protocols and architectures, including for the domain name system and routing protocols;

(2) improve and create technologies for detecting attacks or intrusions, including real-time monitoring technologies;

(3) improve and create mitigation and recovery methodologies, including techniques for containment of attacks and development of resilient networks and systems that degrade gracefully;

(4) develop and support infrastructure for cybersecurity research and development, including modeling, testbeds, and data sets for assessment of new cybersecurity technologies;

(5) assist the development and support of technologies to reduce vulnerabilities in process control systems;

(6) develop and support cyber forensics and attack attribution; and

(7) test, evaluate, and facilitate the transfer of technologies associated with the engineering of less vulnerable software and securing the information technology software development lifecycle.

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

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

SEC. 833. National Research Council study of cybersecurity incentives.

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

(b) Subjects.—The study required under subsection (a) shall include assessment of—

(1) mandated reporting of security breaches that could threaten critical functions, including provision of electricity and resiliency of the financial sector;

(2) financial incentives to encourage operators of critical infrastructure to maximize protections for their systems;

(3) certification from standards bodies about conformance to relevant cybersecurity standards that can be used as a marketplace differentiation;

(4) accounting practices that require companies to report their cybersecurity practices and postures and the results of independently conducted red team simulated attacks or exercises; and

(5) cybersecurity risk insurance, including analysis of the current marketplace and recommendations to promote cybersecurity insurance.

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

SEC. 834. Research on cyber compromise of infrastructure.

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

(b) Scope of research.—The scope of the research required under subsection (a) shall include the following:

(1) The extent of any compromise.

(2) An identification of any attackers.

(3) The method of penetration.

(4) Ramifications of any such compromise on future operations of critical electric infrastructure.

(5) Secondary ramifications of any such compromise on other critical infrastructure sectors and the functioning of civil society.

(6) Ramifications of any such compromise on national security, including war fighting capability.

(7) Recommended mitigation activities.

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

SEC. 835. Assessments of emerging cyber threats in telecommunications.

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

SEC. 836. Department of Homeland Security Cybercrime coordination.

(a) Report on cyber coordination.—Within 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives a report assessing—

(1) how the sub-components of the Department that have a cybersecurity mission, including the United States Secret Service, U.S. Immigration and Customs Enforcement, and the National Protection Programs Directorate, will coordinate their cybersecurity activities;

(2) the development of Department-wide procedures and standards for addressing cybercrime, as well as metrics to track the effectiveness of the Department’s efforts to combat cybercrime; and

(3) recommendations to Congress for improving the authority of the Federal Government for addressing cybercrime.

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

SEC. 901. Center for Domestic Preparedness.

(a) Acceptance of gifts for first responder terrorism preparedness and response training.—Section 1204 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is amended by adding at the end the following new subsection:

“(f) Acceptance of gifts.—

“(1) AUTHORITY.—Notwithstanding section 873(b) of the Homeland Security Act of 2002 (6 U.S.C. 453(b)), the Secretary may accept and use gifts of property, both real and personal, and may accept gifts of services, including from guest lecturers, for otherwise authorized activities of the Center for Domestic Preparedness that are related to preparedness for and response to terrorism.

“(2) REPORT.—The Secretary shall report annually to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate—

“(A) any gifts that were accepted under this subsection in the preceding year;

“(B) how such gifts contribute to the mission of the Center for Domestic Preparedness; and

“(C) the amount of Federal savings that were generated from the acceptance of such gifts.”.

(b) Training of other emergency response providers.—

(1) IN GENERAL.—The Center for Domestic Preparedness may provide training to emergency response providers of the Federal Government, foreign governments, or private entities, if the Center for Domestic Preparedness is reimbursed for the cost of such training.

(2) USE OF REIMBURSEMENT.—Any reimbursement under paragraph (1) shall be credited to the account from which the expenditure being reimbursed was made and shall be available, without fiscal year limitation, for the purposes for which amounts in the account may be expended.

(3) PROTECTION OF PRIMARY MISSION.—The head of the Center for Domestic Preparedness shall ensure that the training provided under paragraph (1) does not interfere with the primary mission of the Center to train State and local emergency response providers.

SEC. 902. Recovery from radiological and nuclear attacks.

(a) Assessment.—

(1) IN GENERAL.—To facilitate recovery from a radiological or nuclear attack or other incident, the Secretary, acting through the Administrator of the Federal Emergency Management Agency, shall assess capability gaps in recovery preparedness and provide guidance to State and local officials to recover from a radiological or nuclear incident.

(2) SUBJECTS.—The assessment shall include a review of—

(A) decontamination standards, gaps in such standards, and recommendations for research to minimize these gaps;

(B) environmental remediation methods; and

(C) such other components as are determined by the Secretary to be appropriate.

(3) REPORT.—The Secretary shall report to the appropriate congressional committees on the findings of the assessment by not later than 180 days after the date of enactment of this Act.

(b) Guidance.—

(1) IN GENERAL.—The Secretary, acting through the Administrator of the Federal Emergency Management Agency, shall issue detailed guidance to assist State and local governments in preparing for recovery and in conducting environmental remediation of contaminated areas, including—

(A) clarification of Federal roles and responsibilities for assisting State and local governments; and

(B) such other guidance as determined by the Secretary to be appropriate.

(2) ALIGNMENT WITH NATIONAL DISASTER RECOVERY STRATEGY GOALS.—The guidance shall align with the goals of the National Disaster Recovery Strategy as required in Public Law 109–295 and the findings of the assessment under subsection (a).

(c) Exercises.—The Secretary, acting through the Administrator of the Federal Emergency Management Agency and in partnership with State and local governments and other Federal agencies, shall conduct exercises that address recovery from radiological and nuclear incidents, including exercises that address analysis, environmental cleanup methods, and decontamination standards.

SEC. 903. Citizen and community preparedness.

(a) Community Preparedness Division.—

(1) ESTABLISHMENT OF COMMUNITY PREPAREDNESS DIVISION.—The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:

“SEC. 2101. Community Preparedness Division.

“(a) In general.—There is in the Department a Community Preparedness Division.

“(b) Director.—The Community Preparedness Division shall be headed by a Director, who shall be appointed by the Secretary.

“(c) Responsibilities.—The Director of the Community Preparedness Division, shall have the primary responsibility within the Department for assisting the efforts of State, local, and tribal governments in preparing citizens in the United States for acts of terrorism and other emergencies, including primary responsibility for each of the following:

“(1) Administration of the Citizen Corps Program under section 2102.

“(2) Supporting public and community preparedness efforts.

“(3) Serving as the principal advisor to the Secretary of Homeland Security on public and community preparedness issues.

“(4) Providing Citizen Corps Councils with tools, information, and technical assistance to connect local and national citizen preparedness efforts.

“(5) Establishing specialized preparedness programs for underserved populations under subsection (d).

“(6) Ensuring coordination with, and leveraging to the greatest extent feasible, efforts by private sector entities, faith-based groups, research and educational institutions, other nongovernmental organizations, including such organizations that work with the disabled and others with special needs, and emergency response provider organizations to promote citizen preparedness and participation.

“(7) Assisting in the implementation of national strategies for public and community preparedness, including the development of individual preparedness skills and capabilities, assembling preparedness kits, developing emergency communications plans, training in basic first aid, and learning how to react to a variety of emergencies, including an act of terrorism involving chemical, biological, radiological, or nuclear weapons, and natural disasters, including hurricanes, floods, earthquakes, and tsunamis.

“(8) Establishing and maintaining a community preparedness resource center to compile and disseminate best practices of citizen preparedness programs.

“(d) Underserved populations.—In carrying out the responsibilities under this section, the Director shall consider the unique preparedness challenges faced by—

“(1) persons with physical and mental disabilities, health problems, visual impairments, hearing impairments, limited English proficiency, and literacy barriers;

“(2) socially and economically disadvantaged households and communities;

“(3) the elderly;

“(4) children; and

“(5) individuals with pets or service animals.

“SEC. 2102. Citizen Corps Program.

“(a) Establishment.—There is in the Community Preparedness Division a Citizen Corps Program, through which the Secretary shall bring community and government leaders together to coordinate and leverage efforts to strengthen community involvement in emergency preparedness, planning, mitigation, response, and recovery for acts of terrorism and natural disasters.

“(b) Grant program.—

“(1) IN GENERAL.—As part of the Citizen Corps Program, the Secretary shall carry out a grant program to make grants to States.

“(2) APPLICATION.—To be eligible to receive a grant under this subsection, a State shall submit an application containing such information and assurances as the Secretary may require.

“(3) USE OF FUNDS.—A grant under this subsection may be used for any of the following purposes:

“(A) To form and sustain a State or local Citizen Corps Council.

“(B) To develop and implement educational programs for the public on both terrorism and natural disaster preparedness and volunteer responsibilities.

“(C) To develop and implement a plan or to amend an existing plan to facilitate citizen preparedness and participation.

“(D) To facilitate citizen participation in preparedness training and exercises.

“(E) To implement volunteer programs and activities to support emergency response providers.

“(4) CONDITIONS OF RECEIPT OF FUNDS.—Each State that receives a grant under this subsection shall ensure that in carrying out any of the purposes under paragraph (3) outreach efforts extend, as appropriate, to—

“(A) underserved populations specified in section 2101(d);

“(B) neighborhoods bordering critical infrastructure;

“(C) urban and rural communities;

“(D) border communities; and

“(E) faith-based and volunteer community service organizations.

“(c) Administration and coordination.—As part of the Citizen Corps Program, the Secretary shall—

“(1) administer—

“(A) the Community Emergency Response Team Program under section 2103, or any successor thereto; and

“(B) the Fire Corps Program under section 2104, or any successor thereto;

“(2) coordinate with the Secretary of Health and Human Services in the administration of the Medical Reserve Corps, or any successor thereto, which is a program to educate and train citizens and medical professionals to assist with medical and public health outreach and administration before, during, and after acts of terrorism and other emergencies; and

“(3) coordinate with the Attorney General in the administration of—

“(A) Neighborhood Watch, or any successor thereto, which is a program to provide information, training, and resources to citizens and law enforcement agencies throughout the country to identify potential terrorist activities and other threats; and

“(B) Volunteers In Police Services, or any successor thereto, which is a program to educate and train citizens to increase the capacity of volunteer State and local law enforcement officials to assist before, during, and after an act of terrorism or other emergency.

“(d) Cooperative agreements with non-Profit entities.—The Secretary may enter into cooperative agreements with non-profit entities to enhance citizen preparedness and outreach programs that the Secretary has determined have a proven track record of success on a national or regional basis.

“(e) Reports to Congress.—Not later than one year after the date of the enactment of this section, and every two years thereafter, the Director of the Community Preparedness Division shall submit to Congress a report that evaluates the management and effectiveness of the Fire Corps Program under section 2104 and the Community Emergency Response Team Program under section 2103.

“(f) Authorization of appropriations.—Of the amount appropriated in section 201 of the Counterterrorism Enhancement and Department of Homeland Security Authorization Act of 2010 there is authorized to be appropriated to carry out this section $40,000,000 for fiscal year 2011.

“SEC. 2103. Community Emergency Response Team Program.

“(a) Establishment.—There is in the Community Preparedness Division a Community Emergency Response Team Program, through which the Secretary shall educate citizens about preparedness and mitigation and train citizens in basic response skills, including fire safety, light search and rescue, and medical operations in preparation for acts of terrorism and other emergencies.

“(b) Authorization of appropriations.—Of the amounts authorized to be appropriated under section 2102(f) for any fiscal year, $1,750,000 is authorized to carry out this section.

“SEC. 2104. Fire Corps Program.

“(a) Establishment.—There is in the Community Preparedness Division a Fire Corps Program, through which the Secretary shall facilitate the use of volunteers in non-emergency roles at fire and rescue departments to better prepare local communities to respond to acts of terrorism and other emergencies.

“(b) Fire Corps Advisory Committee.—

“(1) ESTABLISHMENT.—The Secretary shall establish an advisory committee to be known as the ‘Fire Corps Advisory Committee’ (hereinafter referred to in this section as the ‘Committee’) to provide guidance and assistance to the Secretary in carrying out the Fire Corps Program.

“(2) MEMBERSHIP.—The members of the Committee shall be appointed by the Secretary and shall include—

“(A) representatives of fire and emergency service organizations;

“(B) representatives of the United States Fire Administration; and

“(C) other individuals that the Secretary determines are appropriate.

“(3) TERMS OF SERVICE; PAY AND ALLOWANCES.—The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that the term of service of any such member may not exceed three years.

“(4) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.

“(c) Authorization of appropriations.—Of the amounts authorized to be appropriated under section 2012(f) for any fiscal year, $1,500,000 is authorized to carry out this section.”.

(2) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is amended by adding at the end the following:


“Sec. 2101. Community Preparedness Division.

“Sec. 2102. Citizen Corps Program.

“Sec. 2103. Community Emergency Response Team Program.

“Sec. 2104. Fire Corps Program.”.

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

SEC. 904. Metropolitan Medical Response System program.

(a) Metropolitan Medical Response System Program.—

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

“SEC. 525. Metropolitan Medical Response System Program.

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

“(b) Financial Assistance.—

“(1) AUTHORIZATION OF GRANTS.—

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

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

“(2) USE OF FUNDS.—A grant made under this section may be used to support the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard, including—

“(A) to strengthen medical surge capacity;

“(B) to strengthen mass prophylaxis capabilities including development and maintenance of an initial pharmaceutical stockpile sufficient to protect first responders, their families, and immediate victims from a chemical or biological event;

“(C) to strengthen chemical, biological, radiological, nuclear, and explosive detection, response, and decontamination capabilities;

“(D) to develop and maintain mass triage and pre-hospital treatment plans and capabilities;

“(E) for planning;

“(F) to support efforts to strengthen information sharing and collaboration capabilities of regional, State, and urban areas in support of public health and medical preparedness;

“(G) for medical supplies management and distribution;

“(H) for training and exercises;

“(I) for integration and coordination of the activities and capabilities of public health personnel and medical care providers with those of other emergency response providers as well as other Federal agencies, the private sector, and nonprofit organizations, for the forward movement of patients; and

“(J) for such other activities as the Administrator provides.

“(3) ELIGIBILITY.—

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

“(B) ADDITIONAL JURISDICTIONS.—

“(i) UNREPRESENTED STATES.—

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

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

“(ii) OTHER JURISDICTIONS.—

“(I) IN GENERAL.—Subject to subparagraph (C), the Administrator may determine that additional jurisdictions are eligible to receive grants under this section.

“(II) LIMITATION.—For each of fiscal years 2012 through 2014, the eligibility of any additional jurisdiction to receive grants under this section is subject to the availability of appropriations beyond that necessary to—

“(aa) ensure that each jurisdiction eligible to receive a grant under subparagraph (A) does not receive less funding than such jurisdiction received in fiscal year 2010; and

“(bb) provide grants to jurisdictions eligible under clause (i).

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

“(4) DISTRIBUTION OF FUNDS.—

“(A) IN GENERAL.—The Administrator shall distribute grant funds under this section to the State in which the jurisdiction receiving a grant under this section is located.

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

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

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

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

“(d) Metropolitan Medical Response System Working Group defined.—In this section, the term ‘National Metropolitan Medical Response System Working Group’ means—

“(1) 10 Metropolitan Medical Response System Program grant managers, who shall—

“(A) include one such grant manager from each region of the Agency;

“(B) comprise a population-based cross section of jurisdictions that are receiving grant funds under the Metropolitan Medical Response System Program; and

“(C) include—

“(i) 3 selected by the Administrator; and

“(ii) 3 selected by the Assistant Secretary, Office of Health Affairs; and

“(2) 3 State officials who are responsible for administration of State programs that are carried out with grants under this section, who shall be selected by the Administrator.

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

(2) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title V the following new item:


“Sec. 525. Metropolitan Medical Response System Program.”.

(b) Metropolitan Medical Response Program review.—

(1) IN GENERAL.—The Administrator of the Federal Emergency Management Agency, the Assistant Secretary, Office of Health Affairs, and the National Metropolitan Medical Response System Working Group shall conduct a review of the Metropolitan Medical Response System Program authorized under section 525 of the Homeland Security Act of 2002, as added by subsection (b), including an examination of—

(A) the goals and objectives of the Metropolitan Medical Response System Program;

(B) the extent to which the goals and objectives are being met;

(C) the performance metrics that can best help assess whether the Metropolitan Medical Response System Program is succeeding;

(D) how the Metropolitan Medical Response System Program can be improved;

(E) how the Metropolitan Medical Response System Program complements and enhances other preparedness programs supported by the Department of Homeland Security and the Department of Health and Human Services;

(F) the degree to which the strategic goals, objectives, and capabilities of the Metropolitan Medical Response System Program are incorporated in State and local homeland security plans;

(G) how eligibility for financial assistance, and the allocation of financial assistance, under the Metropolitan Medical Response System Program should be determined, including how allocation of assistance could be based on risk;

(H) whether the Metropolitan Medical Response System Program would be more effective if it were managed as a contractual agreement; and

(I) the resource requirements of the Metropolitan Medical Response System Program.

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

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

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

(c) Technical and conforming amendment.—Section 635 of the Post-Katrina Management Reform Act of 2006 (6 U.S.C. 723) is repealed.

SEC. 905. Transparency in homeland security grant funding.

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

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

(c) Scope of reports.—The Authorization Liaison Officer shall ensure, to the greatest extent practicable, that reports under subsection (b) include a full accounting of funds awarded by the Department under all homeland security grant programs administered by the Federal Emergency Management Agency for the previous five fiscal years, ending with the year in which the report is provided, including—

(1) the number and type of projects approved, by grantee;

(2) the amount of funds awarded for each project;

(3) the amount of funds available for each project;

(4) the date on which those funds were made available;

(5) the amount of funds not yet released by the Department, by project; and

(6) the reasons funds have not been released, by project.

SEC. 906. Sense of Congress regarding interoperability.

(a) Findings.—Congress finds the following:

(1) The National Commission on Terrorist Attacks Upon the United States (in this section referred to as the “9/11 Commission”) determined that the inability of first responders to communicate effectively on September 11, 2001 was a critical obstacle to an effective multijurisdictional response.

(2) Over eight years have passed since the terrorist attacks of September 11, 2001, and many jurisdictions across the country still experience difficulties communicating that may contribute to confusion, delays, or added risks when responding to a terrorist attack or a natural disaster.

(3) In the years since September 11, 2001, the need for a national wireless first responder interoperable communications network has remained, but the Nation has not yet completed building this vital resource for public safety.

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

SEC. 907. Audit of the national level exercise.

(a) In general.—Not later than 180 days after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall conduct—

(1) an audit of expenses associated with the 2010 National Level Exercise, including costs of planning for the initial exercise scenario; and

(2) a review of whether the Federal Emergency Management Agency is incorporating lessons learned from national exercises into training, planning, and other operations.

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

SEC. 908. FEMA report to Congress on sourcing and distribution of disaster response goods and services.

Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to Congress a report on the Agency’s progress in improving sourcing for disaster response goods and services, including on—

(1) the adoption of a single-point ordering concept as recommended by the Department of Homeland Security Inspector General;

(2) investment in information technology systems to support single-point ordering and make sourcing and supply movement transparent as recommended by the Department of Homeland Security Inspector General;

(3) development of an overarching strategy for the sourcing of disaster response goods and services; and

(4) other steps taken by the Agency to promote efficiency in sourcing and distribution, and to eliminate duplication and waste of essential goods and services during response to a disaster.

SEC. 1001. Definitions.

In this title:

(1) APPROPRIATE CONGRESSIONAL COMMITTEE.—The term “appropriate congressional committee” means the Committee on Homeland Security of the House of Representatives and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned.

(2) DIRECTORATE.—The term “Directorate” means the Directorate of Science and Technology of the Department.

(3) UNDER SECRETARY.—The term “Under Secretary” means the Under Secretary for Science and Technology of the Department.

SEC. 1002. References.

Except as otherwise specifically provided, whenever in this title 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.).

SEC. 1011. Authorization of appropriations.

Of the amount authorized in section 201, there is authorized to be appropriated to the Under Secretary $995,664,000 for fiscal year 2011 for the necessary expenses of the Directorate.

SEC. 1021. Research prioritization and requirements; professional development; milestones and feedback.

(a) In general.—Subtitle D of title II (6 U.S.C. 161 et seq.) is amended—

(1) in the subtitle heading, by striking “Office of”; and

(2) in the heading for section 231, by inserting “of Science and Technology” after “Office”.

(b) Clerical amendments.—The table of contents in section 1(b) is amended in the items relating to subtitle D of title II—

(1) in the item relating to the heading for the subtitle, by striking “Office of”; and

(2) in the item relating to section 231, by striking “office” and inserting “Office of Science and Technology”.

SEC. 1022. Testing, evaluation, and standards.

Section 308 (6 U.S.C. 188) is amended by adding at the end of the following new subsection:

“(d) Test, evaluation, and standards division.—

“(1) ESTABLISHMENT.—There is established in the Directorate of Science and Technology a Test, Evaluation, and Standards Division.

“(2) DIRECTOR.—The Test, Evaluation, and Standards Division shall be headed by a Director of Test, Evaluation, and Standards, who shall be appointed by the Secretary and report to the Under Secretary for Science and Technology.

“(3) RESPONSIBILITIES, AUTHORITIES, AND FUNCTIONS.—The Director of Test, Evaluation, and Standards—

“(A) is the principal adviser to the Secretary, the Under Secretary of Management, and the Under Secretary for Science and Technology on all test and evaluation or standards activities in the Department; and

“(B) shall—

“(i) prescribe test and evaluation policies for the Department, which shall include policies to ensure that operational testing is done at facilities that already have relevant and appropriate safety and material certifications to the extent such facilities are available;

“(ii) oversee and ensure that adequate test and evaluation activities are planned and conducted by or on behalf of components of the Department in major acquisition programs of the Department, as designated by the Secretary, based on risk, acquisition level, novelty, complexity, and size of the acquisition program, or as otherwise established in statute;

“(iii) review major acquisition program test reports and test data to assess the adequacy of test and evaluation activities conducted by or on behalf of components of the Department; and

“(iv) review available test and evaluation infrastructure to determine whether the Department has adequate resources to carry out its testing and evaluation responsibilities, as established under this title.

“(4) DEPUTY DIRECTOR OF OPERATIONAL TEST AND EVALUATION.—Within the Division there shall be a Deputy Director of Operational Test and Evaluation, who—

“(A) is the principal operational test and evaluation official for the Department; and

“(B) shall—

“(i) monitor and review the operational testing and evaluation activities conducted by or on behalf of components of the Department in major acquisition programs of the Department, as designated by the Secretary, based on risk, acquisition level, novelty, complexity, and size of the acquisition program, or as otherwise established in statute;

“(ii) provide the Department with independent and objective assessments of the adequacy of testing and evaluation activities conducted in support of major acquisitions programs; and

“(iii) have prompt and full access to test and evaluation documents, data, and test results of the Department that the Deputy Director considers necessary to review in order to carry out the duties of the Deputy Director under this section.

“(5) STANDARDS EXECUTIVE.—Within this Division, there shall be a Standards Executive as described in Office of Management and Budget Circular A–119. The Standards Executive shall—

“(A) implement the Department’s standards policy as described in section 102(g); and

“(B) support the development and adoption of voluntary standards in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note).

“(6) LIMITATION.—The Division is not required to carry out operational testing.

“(7) EVALUATION OF DEPARTMENT OF DEFENSE TECHNOLOGIES.—The Director of Test, Evaluation, and Standards may evaluate technologies currently in use or being developed by the Department of Defense to assess whether they can be leveraged to address homeland security capability gaps.”.

SEC. 1023. Peer review.

(a) Responsibilities and authorities of the under secretary.—Section 302 (6 U.S.C. 183) is amended by striking “and” after the semicolon at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting “; and”, and by adding at the end the following new paragraph:

“(15) developing and overseeing the administration of guidelines for peer review of research and development projects, including by—

“(A) consulting with experts, including scientists and practitioners, about the research and development conducted by the Directorate of Science and Technology; and

“(B) performing ongoing independent, external, scientific peer review—

“(i) initially at the division level; or

“(ii) when divisions conduct multiple programs focused on significantly different subjects, at the program level.”.

(b) Report.—The Secretary shall report to Congress not later than 60 days after the completion of the first review under section 302(15)(B) of the Homeland Security Act of 2002, as amended by subsection (a) of this section on—

(1) the findings of the review; and

(2) any future efforts to ensure that the Department’s research projects are peer reviewed, as appropriate.

SEC. 1024. Directorate of Science and Technology strategic plan.

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

“SEC. 318. Strategic plan.

“(a) Requirement for strategic plan.—Not later than 1 year after the date of enactment of this section and every other year thereafter, the Under Secretary for Science and Technology shall prepare a strategic plan for the activities of the Directorate.

“(b) Contents.—The strategic plan required by subsection (a) shall be prepared in accordance with applicable Federal requirements, and shall include the following matters:

“(1) The long-term strategic goals of the Directorate.

“(2) Identification of the research programs of the Directorate that support achievement of those strategic goals.

“(3) The connection of the activities and programs of the Directorate to requirements or homeland security capability gaps identified by customers within the Department and outside of the Department, including the first responder community.

“(4) The role of the Department's risk analysis in the activities and programs of the Directorate.

“(5) A technology transition strategy for the programs of the Directorate.

“(6) A description of the policies of the Directorate on the management, organization, and personnel of the Directorate.

“(c) Submission of Plan to Congress.—The Secretary shall submit to Congress any update to the strategic plan most recently prepared under subsection (a) at the same time that the President submits to Congress the budget for each even-numbered fiscal year.”.

(b) Clerical amendment.—The table of contents in section 1(b) is amended by adding at the end of the items relating to title III the following new item:


“Sec. 318. Strategic plan.”.

SEC. 1031. Limitations on research.

Section 302(4) is amended by inserting after “extramural programs,” the following: “that, to the greatest extent possible, addresses a prioritized risk to the homeland as identified by a risk analysis under section 226(e) of this Act”.

SEC. 1032. University-based centers.

(a) Authorization of appropriations.—Of the amount authorized by section 1011, there is authorized to be appropriated $40,000,000 for fiscal year 2011 to the Secretary to carry out the university-based centers program of the Department.

(b) Criteria for designation.—Section 308(b)(2)(B)(iii) (6 U.S.C. 188(b)(2)(B)(iii)) is amended by inserting before the period at the end the following: “, including medical readiness training and research, and community resiliency for public health and healthcare critical infrastructure”.

(c) Explosive countermeasures or detection.—Section 308(b)(2)(B)(iv) (6 U.S.C. 188(b)(2)(B)(iv)) is amended by striking “and nuclear” and inserting “nuclear, and explosive”.

SEC. 1033. Review of university-based centers.

(a) GAO study of university-Based centers.—Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to assess the university-based centers for homeland security program authorized by section 308(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 188(b)(2)), and provide recommendations to the appropriate congressional committees for appropriate improvements.

(b) Subject matters.—The study under subsection (a) shall include the following:

(1) A review of key areas of study needed to support the homeland security mission, and criteria that should be utilized to determine those key areas for which the Department should maintain, establish, or eliminate university-based centers.

(2) A review of the method by which university-based centers, federally funded research and development centers, and Department of Energy national laboratories receive tasking from the Department, including a review of how university-based research is identified, prioritized, and funded.

(3) A review of selection criteria for designating university-based centers and a weighting of such criteria.

(4) An examination of the optimal organization and role of the university-based centers in supporting the mission of the Directorate and the Department components.

(5) An identification of the most appropriate review criteria and metrics to measure demonstrable progress achieved by university-based centers in fulfilling Department taskings, and mechanisms for delivering and disseminating the research results of designated university-based centers within the Department and to other Federal, State, and local agencies.

(6) An examination of the means by which academic institutions that are not designated or associated with the designated university-based centers can optimally contribute to the research mission of the Directorate.

(7) An assessment of the interrelationship between the different university-based centers.

(8) A review of any other essential elements of the programs determined in the conduct of the study.

(c) Moratorium on new university-Based centers.—The Secretary may not designate any new university-based centers to research new areas in homeland security prior to the completion of the Comptroller General’s review.

SEC. 1034. Dual-use terrorist risks from synthetic genomics.

(a) Sense of congress.—It is the sense of Congress that the field of synthetic genomics has the potential to facilitate enormous gains in fundamental discovery and biotechnological applications, but it also has inherent dual-use homeland security risks that must be managed.

(b) Requirement.—The Under Secretary shall examine and report to the appropriate congressional committees by not later than one year after the date of enactment of this Act on the homeland security implications of the dual-use nature of synthetic genomics and, if the Under Secretary determines that such research is appropriate, may conduct research in that area, including—

(1) determining the current capability of synthetic nucleic acid providers to effectively differentiate a legitimate customer from a potential terrorist or other malicious actor;

(2) determining the current capability of synthetic nucleic acid providers to effectively screen orders for sequences of homeland security concern; and

(3) making recommendations regarding screening software, protocols, and other remaining capability gaps uncovered by the study.

SEC. 1035. Underwater tunnel security demonstration project.

(a) In general.—The Under Secretary, in consultation with the Assistant Secretary of the Transportation Security Administration, shall conduct a demonstration project to test and assess the feasibility and effectiveness of certain technologies to enhance the security of underwater public transportation tunnels against terrorist attacks involving the use of improvised explosive devices.

(b) Inflatable plugs.—At least one of the technologies tested under subsection (a) shall be inflatable plugs that may be rapidly deployed to prevent flooding of an underwater public transportation tunnel.

SEC. 1036. Threats research and development.

(a) In general.—The Under Secretary, in carrying out responsibilities under section 302 of the Homeland Security Act of 2002 (6 U.S.C. 182), may support research, development, testing, evaluation, and transition of technology that increases the Nation’s preparedness against chemical and biological threats and strengthens the Nation’s preparedness and collective response against those threats through improved threat awareness and advanced surveillance, detection, and protective countermeasures, and to enhance the development of border security technology.

(b) Biological security.—To carry out subsection (a), the Under Secretary may conduct research to develop understanding, technologies, and systems needed to protect against biological attacks on the Nation’s population or infrastructure, including—

(1) providing advanced planning tools, concepts of operations (including alarm resolution protocols), and training exercises for responding to and recovering from biological attacks;

(2) developing biological assays and improved detection technology that will operate with faster detection times, lower costs, and the potential for increased geographical coverage to the Nation when compared to existing homeland security technologies;

(3) characterizing threats posed by biological weapons, anticipating future threats, conducting comprehensive threat and risk assessments to guide prioritization of the Nation’s biodefense investments, and developing population threat assessments that inform the issuance of material threat determinations;

(4) conducting bioforensics research in support of criminal investigations to aid attribution, apprehension, and prosecution of a terrorist or other perpetrator of a biological attack, and providing tools and facilities that Federal law enforcement investigators need to analyze biological threat evidence recovered, including operation of the National Bioforensic Analysis Center; and

(5) conducting appropriate research and studies that will increase our understanding of and uncertainties associated with risk and threats posed by biological agents through the Biological Threat Characterization Center and other means as determined by the Secretary.

(c) Agricultural security.—The Under Secretary may conduct research and development to enhance the protection of the Nation’s agriculture and food system against terrorist attacks, and other emergency events through enhancement of current agricultural countermeasures, development of new agricultural countermeasures, and provision of safe, secure, state-of-the-art biocontainment laboratories for researching foreign animal and zoonotic diseases, including—

(1) developing technologies to defend the Nation against the natural and intentional introduction of selected foreign animal diseases, developing next-generation vaccines and diagnostics in coordination with the Department of Agriculture, and modeling the spread of foreign animal diseases and their economic impact to evaluate strategies for controlling outbreaks; and

(2) leading the Department effort to enhance interagency coordination of research and development of agricultural disease countermeasures.

(d) Chemical security.—The Under Secretary may develop technology to reduce the Nation’s vulnerability to chemical warfare agents and commonly used toxic industrial chemicals, including—

(1) developing a robust and enduring analytical capability in support of chemical countermeasures development, including developing and validating forensic methodologies and analytical tools, conducting risk and vulnerability assessments based on chemical threat properties, and maintaining infrastructure including the Chemical Security Analysis Center;

(2) developing technology to detect a chemical threat release; and

(3) developing technologies and guidance documents to foster a coordinated approach to returning a chemically contaminated area to a normal condition, and to foster analysis of contaminated areas both before and after the restoration process.

(e) Risk assessments.—

(1) IN GENERAL.—The Under Secretary shall produce risk assessments for biological and chemical threats, and shall coordinate with the Director of the Domestic Nuclear Detection Office of the Department, the Assistant Secretary of the Office of Health Affairs of the Department, and the Assistant Secretary of Infrastructure Protection of the Department on an integrated risk assessment, including regarding chemical, biological, radiological, nuclear, and explosive threats.

(2) USAGE.—The assessments required under paragraph (1) shall be used to inform and guide the threat assessments and determinations by the Secretary of Homeland Security regarding agents and toxins pursuant to section 302(9) of the Homeland Security Act of 2002 (6 U.S.C. 182(9)), and to guide prioritization of other homeland defense activities, as appropriate.

(3) TASK FORCE.—The Under Secretary for Science and Technology shall convene an interagency task force of relevant subject matter experts to assess the proposed methodology to be used for each assessment required under paragraph (1), and to provide recommendations to the Under Secretary as to the adequacy of such methodology.

(f) Border security.—The Under Secretary may develop technology, in coordination with the Commissioner of Customs and Border Protection, to gain effective control of the international land borders of the United States within 5 years after the date of enactment of this Act. In carrying out such development activities, the Under Secretary shall ensure coordination and integration between new technologies developed and those already utilized by U.S. Customs and Border Protection.

SEC. 1037. Maritime domain awareness and maritime security technology test, evaluation, and transition capabilities.

(a) Global maritime domain awareness and maritime security technology test, evaluation, and transition capabilities.—

(1) ESTABLISHMENT.—The Secretary shall establish capabilities for conducting global maritime domain awareness and maritime security technology test, evaluation, and transition, as provided in this subsection.

(2) PURPOSE.—The purpose of such capabilities shall be to—

(A) direct technology test, evaluation, and transition activities in furtherance of border and maritime security; and

(B) evaluate such technology in diverse environments including coastal, seaport, and offshore locations.

(b) Coordination.—The Secretary, acting through the Under Secretary, shall ensure that—

(1) technology test, evaluation, and transition efforts funded by the Department in furtherance of border and maritime security avoid duplication of efforts, reduce unnecessary redundancies, streamline processes, increase efficiencies, and otherwise complement existing Department and other efforts in border and maritime security; and

(2) the results of such efforts are shared with the appropriate congressional committees and others as determined appropriate by the Secretary.

SEC. 1038. Rapid biological threat detection and identification.

(a) In general.—Notwithstanding section 302(4) of the Homeland Security Act of 2002 (6 U.S.C. 182(4)), the Secretary shall require the Under Secretary, in consultation with other relevant operational components of the Department, to assess whether the development of screening capabilities for pandemic influenza and other infectious diseases should be undertaken by the Directorate to support entry and exit screening at ports of entry and for other 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 rapidly screen incoming travelers at ports of entry for pandemic influenza and other infectious diseases.

(c) Collaboration.—In developing methods under subsection (b), the Secretary may collaborate with other Federal agencies, as appropriate.

SEC. 1039. Rural resilience initiative.

(a) In general.—The Under Secretary shall conduct research intended to assist State, local, and tribal leaders and the private sector in developing the tools and methods to enhance preparation for, and response and resilience to, terrorist events 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) 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.

SEC. 1040. Homeland Security Science and Technology Fellows Program.

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

“SEC. 319. Homeland Security Science and Technology Fellows Program.

“(a) Establishment.—The Secretary, acting through the Under Secretary for Science and Technology, shall establish a fellows program, to be known as the Homeland Security Science and Technology Fellows Program, under which the Under Secretary shall facilitate the temporary placement of scientists in relevant scientific or technological fields for up to two years in components of the Department with a need for scientific and technological expertise.

“(b) Utilization of fellows.—

“(1) IN GENERAL.—Under the Program, the Under Secretary may employ fellows—

“(A) for the use of the Directorate of Science and Technology; or

“(B) for the use of Department components outside the Directorate, under an agreement with the head of such a component under which the component will reimburse the Directorate for the costs of such employment.

“(2) RESPONSIBILITIES.—Under such an agreement—

“(A) the Under Secretary shall—

“(i) solicit and accept applications from individuals who are currently enrolled in or who are graduates of post-graduate programs in scientific and engineering fields related to the promotion of securing the homeland, including—

“(I) biological, chemical, physical, behavioral, social, health, medical, and computational sciences;

“(II) geosciences;

“(III) all fields of engineering; and

“(IV) such other disciplines as are determined relevant by the Secretary;

“(ii) screen applicant candidates and interview them as appropriate to ensure that they possess the appropriate level of scientific and engineering expertise and qualifications;

“(iii) provide a list of qualified applicants to the heads of Department components seeking to utilize qualified fellows;

“(iv) pay financial compensation to such fellows;

“(v) coordinate with the Chief Security Officer to facilitate and expedite provision of security clearances to fellows, as appropriate; and

“(vi) otherwise administer all aspects of the fellows’ employment with the Department; and

“(B) the head of the component utilizing the fellow shall—

“(i) select a fellow from the list of qualified applicants provided by the Under Secretary;

“(ii) reimburse the Under Secretary for the costs of employing the fellow selected; and

“(iii) be responsible for the day-to-day management of the fellow.

“(c) Applications from associations.—The Under Secretary may accept applications under subsection (b)(2)(A) that are submitted by science or policy associations on behalf of individuals whom such an association has determined may be qualified applicants under the program.”.

(b) Clerical amendment.—The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to title III the following new item:


“Sec. 319. Homeland Security Science and Technology Fellows Program.”.

SEC. 1041. Biological threat agent assay equivalency.

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

“SEC. 320. Biological threat agent assay equivalency program.

“(a) In general.—To facilitate equivalent biological threat agent identification among federally operated biomonitoring programs, the Under Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, may implement an assay equivalency program for biological threat assays.

“(b) Features.—In order to establish assay performance equivalency to support homeland security and public health security decisions, the program may—

“(1) evaluate biological threat detection assays, their protocols for use, and their associated response algorithms for confirmation of biological threat agents, taking performance measures and concepts of operation into consideration; and

“(2) develop assay equivalency standards based on the findings of the evaluation under paragraph (1).

“(c) Update.—The Under Secretary shall update the program as necessary.

“(d) Implementation.—The Secretary shall—

“(1) require implementation of the standards developed under subsection (b)(2) for all Department biomonitoring programs; and

“(2) make such standards available to support all other Federal biomonitoring programs.

“(e) Assay defined.—In this section the term ‘assay’ means any scientific test that is—

“(1) designed to detect the presence of a biological threat agent; and

“(2) of a type selected under criteria established by the Secretary.”.

(b) Clerical amendment.—The table of contents in section 1(b) is further amended by adding at the end of the items relating to title III the following new item:


“Sec. 320. Biological threat agent assay equivalency program.”.

SEC. 1042. Study of feasibility and benefit of expanding or establishing program to create a new cybersecurity capacity building track at certain institutions of higher education.

(a) In general.—Within 90 days after the date of enactment of this Act, the Secretary, in coordination with the National Science Foundation, shall commission a study by a nonprofit research institution to determine the feasibility and potential benefit of expanding the Federal Cyber Service Scholarship for Service Program, or establishing a parallel program, as methods to create a new cybersecurity or information assurance capacity building track at institutions of higher education that are not currently designated as a National Center of Academic Excellence in Information Assurance Education or a National Center of Academic Excellence in Research.

(b) Subject matters.—The study under subsection (a) shall include examinations of the following:

(1) The feasibility and potential benefit of allowing the following types of institutions into the existing Federal Cyber Service program:

(A) Community colleges.

(B) Institutions offering an undergraduate degree, graduate degree, or post-graduate degree, but do not qualify under the existing program.

(C) Institutions offering a certificate or industry-recognized credential.

(2) The feasibility and potential benefit of establishing a new program modeled after the Federal Cyber Service program to build capacity at—

(A) community colleges;

(B) institutions offering an undergraduate degree, graduate degree, or post-graduate degree, but do not qualify under the existing program; or

(C) institutions offering a certificate or industry-recognized credential.

(3) The projected extent to which an expansion of the existing Federal Cyber Service program as described in paragraph (1) would—

(A) expand the availability of qualified individuals to work in information assurance and cybersecurity within the Department and other Federal, State, local, and tribal agencies, and the private sector;

(B) encourage institutions of higher education to develop a new information assurance or cybersecurity education undergraduate degree programs, graduate degree programs, or programs conferring a certificate or industry-recognized credential;

(C) increase the number of students graduating annually from existing information assurance or cybersecurity education undergraduate degree programs, graduate degree programs, or programs conferring a certificate or industry-recognized credential; or

(D) improve existing information assurance or cybersecurity education undergraduate degree programs, graduate degree programs, or programs conferring a certificate or industry-recognized credential.

(4) The projected extent to which the establishment of a new program modeled after the Federal Cyber Service program as described in paragraph (2) would—

(A) expand the availability of qualified individuals to work in information assurance and cybersecurity within the Department and other Federal, State, local, and tribal agencies, and the private sector;

(B) encourage institutions of higher education to develop a new information assurance or cybersecurity education undergraduate degree programs, graduate degree programs, or programs conferring a certificate or industry-recognized credential;

(C) increase the number of students graduating annually from existing information assurance or cybersecurity education undergraduate degree programs, graduate degree programs, or programs conferring a certificate or industry-recognized credential; or

(D) improve existing information assurance or cybersecurity education undergraduate degree programs, graduate degree programs, or programs conferring a certificate or industry-recognized credential.

(c) Report.—Not later than 30 days after receiving the findings of the study, the Secretary shall transmit the findings, together with any comments thereon by the Secretary, to the appropriate congressional committees.

SEC. 1043. Assessment, research, testing, and evaluation of technologies to mitigate the threat of small vessel attack.

The Under Secretary may—

(1) assess what technologies are available to mitigate the threat of small vessel attack in secure zones of ports, including the use of transponders or radio frequency identification devices to track small vessels; and

(2) conduct research, testing, and evaluation of new technologies that might be capable of tracking small vessels.

SEC. 1044. Other transaction authority.

Section 831 (6 U.S.C. 391) is amended—

(1) in subsection (a), by striking “2010,” and inserting 2011;

(2) in subsection (a), by adding at the end the following new paragraph:

“(3) PRIOR APPROVAL.—In any case in which the Under Secretary for Science and Technology intends to exercise other transaction authority, the Under Secretary must receive prior approval from the Secretary after submitting to the Secretary a proposal that includes the rationale for why a grant or contract issued in accordance with the Federal Acquisition Regulation is not feasible or appropriate and the amount to be expended for such project. In such a case, the authority for evaluating the proposal may not be delegated by the Secretary to anyone other than the Under Secretary for Management.”; and

(3) by redesignating subsection (e) as subsection (i), and by inserting after subsection (d) the following new subsections:

“(e) Annual report on exercise of other transaction authority.—

“(1) IN GENERAL.—The Secretary shall submit to the appropriate congressional committees an annual report on the exercise of other transaction authority.

“(2) CONTENT.—The report shall include the following:

“(A) The subject areas in which research projects were conducted using other transaction authority.

“(B) The extent of cost-sharing for such projects among Federal and non-Federal sources.

“(C) The extent to which use of other transaction authority has addressed a homeland security capability gap identified by the Department of Homeland Security.

“(D) The total amount of payments, if any, that were received by the Federal Government as a result of such exercise of other transaction authority during the period covered by the report.

“(E) The rationale for using other transaction authority, including why grants or contracts issued in accordance with the Federal Acquisition Regulation were not feasible or appropriate.

“(F) the amount expended for each such project.

“(f) Training.—The Secretary shall develop a training program for acquisitions staff in the use of other transaction authority to help ensure the appropriate use of such authority.

“(g) Review authority.—The exercise of other transaction authority shall be subject to review by the Comptroller General of the United States to ensure that an agency is not attempting to avoid the requirements of procurement statutes and regulations.

“(h) Other transaction authority defined.—In this section the term ‘other transaction authority’ means authority under subsection (a).”.

SEC. 1045. National Urban Security Technology Laboratory.

(a) In general.—The National Urban Security Technology Laboratory (formerly the Environmental Measurements Laboratory) is authorized within the Directorate for fiscal year 2011.

(b) Responsibilities.—The Under Secretary shall utilize the National Urban Security Technology Laboratory to test, evaluate, and analyze homeland security capabilities and serve as a technical authority to first responders and State and local entities, including by—

(1) conducting test programs, pilots projects, demonstrations, and other forms of evaluations of homeland security technologies both in the field and in the laboratory;

(2) applying knowledge of operational end-user environments and support for operational integration to technology development, including—

(A) training;

(B) exercises;

(C) equipment;

(D) tactics;

(E) techniques; and

(F) procedures;

(3) representing interests and requirements between technology developers and operational end-users; and

(4) supporting development and use of homeland security equipment and operational standards.

SEC. 1051. Authorization of appropriations.

There is authorized to be appropriated for the Domestic Nuclear Detection Office of the Department $305,840,000 for fiscal year 2011.

SEC. 1052. Domestic Nuclear Detection Office oversight.

(a) Sense of Congress.—It is the sense of Congress that the Directorate should conduct basic and innovative research and nondevelopmental testing on behalf of the Domestic Nuclear Detection Office (in this section referred to as “DNDO”), in order to advance next generation nuclear detection technologies.

(b) Internal review of project selection and evaluation methodology.—Not later than 90 days after the date of enactment of this Act, the Director of the DNDO shall begin an internal review of the methodology by which research, development, testing, and evaluation is identified, prioritized, and funded by the DNDO. In conducting such review, the Director shall consult with the Under Secretary and the heads of all operational components of the Department that own, operate, or maintain nuclear or radiological detection