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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/30632-h.zip b/30632-h.zip Binary files differnew file mode 100644 index 0000000..f33be32 --- /dev/null +++ b/30632-h.zip diff --git a/30632-h/30632-h.htm b/30632-h/30632-h.htm new file mode 100644 index 0000000..8c33a19 --- /dev/null +++ b/30632-h/30632-h.htm @@ -0,0 +1,15996 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html> +<head> + +<meta http-equiv="content-type" content="text/html; charset=ISO-8859-1"> + +<title> +The Project Gutenberg E-text of Homeland Security Act of 2002, +by Committee on Homeland Security +</title> + +</head> +<body> + + +<pre> + +The Project Gutenberg EBook of Homeland Security Act of 2002, by +Committee on Homeland Security, U.S. House of Representatives + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Homeland Security Act of 2002 + Updated Through October 14, 2008 + +Author: Committee on Homeland Security, U.S. House of Representatives + +Editor: Michael Twinchek + +Release Date: December 8, 2009 [EBook #30632] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK HOMELAND SECURITY ACT OF 2002 *** + + + + +Produced by Michael Twinchek + + + + + +</pre> + + + +<pre> +<DOC> +[110 House Committee Prints] +[From the U.S. Government Printing Office via GPO Access] +[DOCID: f:45834.wais] + + + 110th Congress Committee + 2nd Session COMMITTEE PRINT Print 110-C +_______________________________________________________________________ + + + COMPILATION + + of the + + HOMELAND SECURITY + ACT OF + 2002 + + (updated with amendments made through + p.l. 110-417 (october 14, 2008)) + + __________ + + prepared for the use of the + + COMMITTEE ON HOMELAND SECURITY + + of the + + HOUSE OF REPRESENTATIVES + + SECOND SESSION + + __________ + + + + [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] + __________ + + U.S. GOVERNMENT PRINTING OFFICE +45-834 WASHINGTON : 2008 + + + + + + + + COMMITTEE ON HOMELAND SECURITY + + BENNIE G. THOMPSON, Mississippi, Chairman + +LORETTA SANCHEZ, California, PETER T. KING, New York +EDWARD J. MARKEY, Massachusetts LAMAR SMITH, Texas +NORMAN D. DICKS, Washington CHRISTOPHER SHAYS, Connecticut +JANE HARMAN, California MARK E. SOUDER, Indiana +PETER A. DeFAZIO, Oregon TOM DAVIS, Virginia +NITA M. LOWEY, New York DANIEL E. LUNGREN, California +ELEANOR HOLMES NORTON, District of MIKE ROGERS, Alabama +Columbia DAVID G. REICHERT, Washington +ZOE LOFGREN, California MICHAEL T. McCAUL, Texas +SHEILA JACKSON-LEE, Texas CHARLES W. DENT, Pennsylvania +DONNA M. CHRISTENSEN, U.S. Virgin GINNY BROWN-WAITE, Florida +Islands GUS M. BILIRAKIS, Florida +BOB ETHERIDGE, North Carolina DAVID DAVIS, Tennessee +JAMES R. LANGEVIN, Rhode Island PAUL C. BROUN, Georgia +HENRY CUELLAR, Texas CANDICE S. MILLER, Michigan +CHRISTOPHER P. CARNEY, Pennsylvania +YVETTE D. CLARKE, New York +AL GREEN, Texas +ED PERLMUTTER, Colorado +BILL PASCRELL, Jr., Colorado + + I. Lanier Avant, Staff Director + Rosaline Cohen, Chief Counsel + Michael Twinchek, Chief Clerk + Robert O'Connor, Minority Staff Director + + (II) + + + + + + + + + + + P R E F A C E + +This book is designed as a ready reference of the Homeland + Security Act of 2002 (Public Law 107-296), as amended through + Public Law 110-417. The information contained herein is current + as of December 2008. +This document was prepared by the Office of the Legislative + Counsel. The Committee is appreciative of their hard work and + dedication. The Committee would like to acknowledge the work of + the Staff of the Office of the Legislative Counsel including: + Craig Sterkx, Pam Griffiths, and Tom Meryweather. + + + + + + + + + + + + C O N T E N T S + + Homeland Security Act of 2002 - Amended through P.L. 110-417 + + Title I-Department of Homeland Security...................... 10 + Title II-Information Analysis and Infrastructure Protection.. 14 + Subtitle A-Information Analysis and Infrastructure + Protection; Access to Information...................... 14 + Subtitle B-Critical Infrastructure Information........... 40 + Title III-Science and Technology In Support of Homeland + Security................................................... 53 + Title IV-Directorate of Border and Transportation Security... 74 + Subtitle A-Under Secretary for Border and Transportation + Security............................................... 74 + Subtitle B-United States Customs Service................. 75 + Subtitle C-Miscellaneous Provisions...................... 78 + Subtitle D-Immigration Enforcement Functions............. 87 + Subtitle E-Citizenship and Immigration Services.......... 90 + Subtitle F-General Immigration Provisions................ 101 + Title V-National Emergency Management........................ 108 + Title VI-Treatment of Charitable Trusts for members of the + Armed Forces of the United States and Other Governmental + Organizations.............................................. 134 + Title VII-Management......................................... 137 + Title VIII-Coordination with Non-Federal Entities; Inspector + General; United States Secret Servicel Coast Guard; General + Provisions................................................. 145 + Subtitle A-Coordination with Non-Federal Entitites....... 145 + Subtitle B-Inspector General............................. 149 + Subtitle C-United States Secret Service.................. 146 + Subtitle D-Acquisitions.................................. 147 + Subtitle E-Human Resources Management.................... 152 + Subtitle F-Federal Emergency Procurement Flexibility..... 158 + Subtitle G-Support Anti-terrorism by Fostering Effective + Technologies Act of 2002............................... 161 + Subtitle H-Miscellaneous Provisions...................... 165 + Subtitle I-Information Sharing........................... 176 + Subtitle J-Secure Handling of Ammonium Nitrate........... 181 + Title IX-National Homeland Security Council.................. 188 + Title X-Information Security................................. 189 + Title XI-Department of Justice Divisions..................... 189 + Subtitle A-Executive Office for Immigration Review....... 1189 + Subtitle B-Transfer of the Bureau of Alcohol, Tobacco and + Firearms to the Department of Justice.................. 190 + Subtitle C-Explosives.................................... 192 + Title XII-Airline War Risk Insurance Legislation............. 192 + Title XIII-Federal Workforce Improvement..................... 193 + Subtitle A-Chief Human Cap[ital Officers................. 193 + Subtitle B-Reforms Relating to Federal Human Capital + Management............................................. 194 + Subtitle C-Reforms Relating to the Senior Executive + Service................................................ 195 + Subtitle D-Academic Training............................. 195 + Title XIV-Arming Pilots Against Terrorism.................... 196 + Title XV-Transition.......................................... 197 + Subtitle A-Reorganization Plan........................... 197 + Subtitle B-Transitional Provisions....................... 198 + Title XVII-Conformaing and Technical Amendments.............. 201 + Title XVIII-Emergency Communications......................... 203 + Title XIX-Domestic Nuclear Detection Office.................. 216 + Title XX-Homeland Security Grants............................ 220 + Subtitle A-Grants to States and High-Risk Urban Areas.... 223 + Subtitle B-Grants Administration......................... 235 + HOMELAND SECURITY ACT OF 2002 + + [As Amended Through P.L. 110-417, Enacted October 14, 2008] + +AN ACT To establish the Department of Homeland Security, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of +the United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) [6 U.S.C. 101] Short Title.--This Act may be cited as +the ``Homeland Security Act of 2002''. + (b) Table of Contents.--The table of contents for this Act +is as follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Definitions. +Sec. 3. Construction; severability. +Sec. 4. Effective date. + + TITLE I--DEPARTMENT OF HOMELAND SECURITY + +Sec. 101. Executive department; mission. +Sec. 102. Secretary; functions. +Sec. 103. Other officers. + + TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION + + Subtitle A--Information and Analysis and Infrastructure Protection; + Access to Information + +Sec. 201. Information and Analysis and Infrastructure Protection. +Sec. 202. Access to information. +Sec. 203. Homeland Security Advisory System. +Sec. 204. Homeland security information sharing. +Sec. 205. Comprehensive information technology network architecture. +Sec. 206. Coordination with information sharing environment. +Sec. 207. Intelligence components. +Sec. 208. Training for employees of intelligence components. +Sec. 209. Intelligence training development for State and local + government officials. +Sec. 210. Information sharing incentives. +Sec. 210A. Department of Homeland Security State, Local, and Regional + Information Fusion Center Initiative. +Sec. 210B. Homeland Security Information Sharing Fellows Program. +Sec. 210C. Rural Policing Institute. +Sec. 210D. Interagency Threat Assessment and Coordination Group. +Sec. 210E. National Asset Database. + + Subtitle B--Critical Infrastructure Information + +Sec. 211. Short title. +Sec. 212. Definitions. +Sec. 213. Designation of critical infrastructure protection program. +Sec. 214. Protection of voluntarily shared critical infrastructure + information. +Sec. 215. No private right of action. + + Subtitle C--Information Security + +Sec. 221. Procedures for sharing information. +Sec. 222. Privacy Officer. +Sec. 223. Enhancement of non-Federal cybersecurity. +Sec. 224. Net guard. +Sec. 225. Cyber Security Enhancement Act of 2002. + + Subtitle D--Office of Science and Technology + +Sec. 231. Establishment of office; Director. +Sec. 232. Mission of office; duties. +Sec. 233. Definition of law enforcement technology. +Sec. 234. Abolishment of Office of Science and Technology of National + Institute of Justice; transfer of functions. +Sec. 235. National Law Enforcement and Corrections Technology Centers. +Sec. 236. Coordination with other entities within Department of Justice. +Sec. 237. Amendments relating to National Institute of Justice. + + TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY + +Sec. 301. Under Secretary for Science and Technology. +Sec. 302. Responsibilities and authorities of the Under Secretary for + Science and Technology. +Sec. 303. Functions transferred. +Sec. 304. Conduct of certain public health-related activities. +Sec. 305. Federally funded research and development centers. +Sec. 306. Miscellaneous provisions. +Sec. 307. Homeland Security Advanced Research Projects Agency. +Sec. 308. Conduct of research, development, demonstration, testing and + evaluation. +Sec. 309. Utilization of Department of Energy national laboratories and + sites in support of homeland security activities. +Sec. 310. Transfer of Plum Island Animal Disease Center, Department of + Agriculture. +Sec. 311. Homeland Security Science and Technology Advisory Committee. +Sec. 312. Homeland Security Institute. +Sec. 313. Technology clearinghouse to encourage and support innovative + solutions to enhance homeland security. +Sec. 314. Office for Interoperability and Compatibility. +Sec. 315. Emergency communications interoperability research and + development. +Sec. 316. National Biosurveillance Integration Center. +Sec. 317. Promoting antiterrorism through international cooperation + program. + + TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY + + Subtitle A--Under Secretary for Border and Transportation Security + +Sec. 401. Under Secretary for Border and Transportation Security. +Sec. 402. Responsibilities. +Sec. 403. Functions transferred. + + Subtitle B--United States Customs Service + +Sec. 411. Establishment; Commissioner of Customs. +Sec. 412. Retention of customs revenue functions by Secretary of the + Treasury. +Sec. 413. Preservation of customs funds. +Sec. 414. Separate budget request for customs. +Sec. 415. Definition. +Sec. 416. GAO report to Congress. +Sec. 417. Allocation of resources by the Secretary. +Sec. 418. Reports to Congress. +Sec. 419. Customs user fees. + + Subtitle C--Miscellaneous Provisions + +Sec. 421. Transfer of certain agricultural inspection functions of the + Department of Agriculture. +Sec. 422. Functions of Administrator of General Services. +Sec. 423. Functions of Transportation Security Administration. +Sec. 424. Preservation of Transportation Security Administration as a + distinct entity. +Sec. 425. Explosive detection systems. +Sec. 426. Transportation security. +Sec. 427. Coordination of information and information technology. +Sec. 428. Visa issuance. +Sec. 429. Information on visa denials required to be entered into + electronic data system. +Sec. 430. Office for Domestic Preparedness. +Sec. 431. Office of Cargo Security Policy. + + Subtitle D--Immigration Enforcement Functions + +Sec. 441. Transfer of functions to Under Secretary for Border and + Transportation Security. +Sec. 442. Establishment of Bureau of Border Security. +Sec. 443. Professional responsibility and quality review. +Sec. 444. Employee discipline. +Sec. 445. Report on improving enforcement functions. +Sec. 446. Sense of Congress regarding construction of fencing near San + Diego, California. + + Subtitle E--Citizenship and Immigration Services + +Sec. 451. Establishment of Bureau of Citizenship and Immigration + Services. +Sec. 452. Citizenship and Immigration Services Ombudsman. +Sec. 453. Professional responsibility and quality review. +Sec. 454. Employee discipline. +Sec. 455. Effective date. +Sec. 456. Transition. +Sec. 457. Funding for citizenship and immigration services. +Sec. 458. Backlog elimination. +Sec. 459. Report on improving immigration services. +Sec. 460. Report on responding to fluctuating needs. +Sec. 461. Application of Internet-based technologies. +Sec. 462. Children's affairs. + + Subtitle F--General Immigration Provisions + +Sec. 471. Abolishment of INS. +Sec. 472. Voluntary separation incentive payments. +Sec. 473. Authority to conduct a demonstration project relating to + disciplinary action. +Sec. 474. Sense of Congress. +Sec. 475. Director of Shared Services. +Sec. 476. Separation of funding. +Sec. 477. Reports and implementation plans. +Sec. 478. Immigration functions. + + TITLE V--NATIONAL EMERGENCY MANAGEMENT + +Sec. 501. Definitions. +Sec. 502. Definition. +Sec. 503. Federal Emergency Management Agency. +Sec. 504. Authorities and responsibilities. +Sec. 505. Functions transferred. +Sec. 506. Preserving the Federal Emergency Management Agency. +Sec. 507. Regional Offices. +Sec. 508. National Advisory Council. +Sec. 509. National Integration Center. +Sec. 510. Credentialing and typing. +Sec. 511. The National Infrastructure Simulation and Analysis Center. +Sec. 512. Evacuation plans and exercises. +Sec. 513. Disability Coordinator. +Sec. 514. Department and Agency officials. +Sec. 515. National Operations Center. +Sec. 516. Chief Medical Officer. +Sec. 517. Nuclear incident response. +Sec. 518. Conduct of certain public health-related activities. +Sec. 519. Use of national private sector networks in emergency response. +Sec. 520. Use of commercially available technology, goods, and services. +Sec. 521. Procurement of security countermeasures for strategic national + stockpile. +Sec. 522. Model standards and guidelines for critical infrastructure + workers. +Sec. 523. Guidance and recommendations. \1\ +Sec. 524. Voluntary private sector preparedness accreditation and + certification program. \1\ + +--------------------------------------------------------------------------- + \1\ The placement of items relating to sections 523 and 524 in the +table of contents in section 1(b) were added at the end of the items in +title V in order to reflect the probable intent of Congress. See +amendment made by section 901(e) of Public Law 110-53. +--------------------------------------------------------------------------- + +TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES + OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS + +Sec. 601. Treatment of charitable trusts for members of the Armed Forces + of the United States and other governmental organizations. + + TITLE VII--MANAGEMENT + +Sec. 701. Under Secretary for Management. +Sec. 702. Chief Financial Officer. +Sec. 703. Chief Information Officer. +Sec. 704. Chief Human Capital Officer. +Sec. 705. Establishment of Officer for Civil Rights and Civil Liberties. +Sec. 706. Consolidation and co-location of offices. +Sec. 707. Quadrennial Homeland Security Review. + + TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; + UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS + + Subtitle A--Coordination with Non-Federal Entities + +Sec. 801. Office for State and Local Government Coordination. + + Subtitle B--Inspector General + +Sec. 811. Authority of the Secretary. +Sec. 812. Law enforcement powers of Inspector General agents. + + Subtitle C--United States Secret Service + +Sec. 821. Functions transferred. + + Subtitle D--Acquisitions + +Sec. 831. Research and development projects. +Sec. 832. Personal services. +Sec. 833. Special streamlined acquisition authority. +Sec. 834. Unsolicited proposals. +Sec. 835. Prohibition on contracts with corporate expatriates. + + Subtitle E--Human Resources Management + +Sec. 841. Establishment of Human Resources Management System. +Sec. 842. Labor-management relations. +Sec. 843. Use of counternarcotics enforcement activities in certain + employee performance appraisals. +Sec. 844. Homeland Security Rotation Program. +Sec. 845. Homeland Security Education Program. + + Subtitle F--Federal Emergency Procurement Flexibility + +Sec. 851. Definition. +Sec. 852. Procurements for defense against or recovery from terrorism or + nuclear, biological, chemical, or radiological attack. +Sec. 853. Increased simplified acquisition threshold for procurements in + support of humanitarian or peacekeeping operations or + contingency operations. +Sec. 854. Increased micro-purchase threshold for certain procurements. +Sec. 855. Application of certain commercial items authorities to certain + procurements. +Sec. 856. Use of streamlined procedures. +Sec. 857. Review and report by Comptroller General. +Sec. 858. Identification of new entrants into the Federal marketplace. + + Subtitle G--Support Anti-terrorism by Fostering Effective Technologies + Act of 2002 + +Sec. 861. Short title. +Sec. 862. Administration. +Sec. 863. Litigation management. +Sec. 864. Risk management. +Sec. 865. Definitions. + + Subtitle H--Miscellaneous Provisions + +Sec. 871. Advisory committees. +Sec. 872. Reorganization. +Sec. 873. Use of appropriated funds. +Sec. 874. Future Year Homeland Security Program. +Sec. 875. Miscellaneous authorities. +Sec. 876. Military activities. +Sec. 877. Regulatory authority and preemption. +Sec. 878. Counternarcotics officer. +Sec. 879. Office of International Affairs. +Sec. 880. Prohibition of the Terrorism Information and Prevention + System. +Sec. 881. Review of pay and benefit plans. +Sec. 882. Office for National Capital Region Coordination. +Sec. 883. Requirement to comply with laws protecting equal employment + opportunity and providing whistleblower protections. +Sec. 884. Federal Law Enforcement Training Center. +Sec. 885. Joint Interagency Task Force. +Sec. 886. Sense of Congress reaffirming the continued importance and + applicability of the Posse Comitatus Act. +Sec. 887. Coordination with the Department of Health and Human Services + under the Public Health Service Act. +Sec. 888. Preserving Coast Guard mission performance. +Sec. 889. Homeland security funding analysis in President's budget. +Sec. 890. Air Transportation Safety and System Stabilization Act. + + Subtitle I--Information Sharing + +Sec. 891. Short title; findings; and sense of Congress. +Sec. 892. Facilitating homeland security information sharing procedures. +Sec. 893. Report. +Sec. 894. Authorization of appropriations. +Sec. 895. Authority to share grand jury information. +Sec. 896. Authority to share electronic, wire, and oral interception + information. +Sec. 897. Foreign intelligence information. +Sec. 898. Information acquired from an electronic surveillance. +Sec. 899. Information acquired from a physical search. + + Subtitle J--Secure Handling of Ammonium Nitrate + +Sec. 899A. Definitions. +Sec. 899B. Regulation of the sale and transfer of ammonium nitrate. +Sec. 899C. Inspection and auditing of records. +Sec. 899D. Administrative provisions. +Sec. 899E. Theft reporting requirement. +Sec. 899F. Prohibitions and penalty. +Sec. 899G. Protection from civil liability. +Sec. 899H. Preemption of other laws. +Sec. 899I. Deadlines for regulations. +Sec. 899J. Authorization of appropriations. + + TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL + +Sec. 901. National Homeland Security Council. +Sec. 902. Function. +Sec. 903. Membership. +Sec. 904. Other functions and activities. +Sec. 905. Staff composition. +Sec. 906. Relation to the National Security Council. + + TITLE X--INFORMATION SECURITY + +Sec. 1001. Information security. +Sec. 1002. Management of information technology. +Sec. 1003. National Institute of Standards and Technology. +Sec. 1004. Information Security and Privacy Advisory Board. +Sec. 1005. Technical and conforming amendments. +Sec. 1006. Construction. + + TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS + + Subtitle A--Executive Office for Immigration Review + +Sec. 1101. Legal status of EOIR. +Sec. 1102. Authorities of the Attorney General. +Sec. 1103. Statutory construction. + + Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to + the Department of Justice + +Sec. 1111. Bureau of Alcohol, Tobacco, Firearms, and Explosives. +Sec. 1112. Technical and conforming amendments. +Sec. 1113. Powers of agents of the Bureau of Alcohol, Tobacco, Firearms, + and Explosives. +Sec. 1114. Explosives training and research facility. +Sec. 1115. Personnel management demonstration project. + + Subtitle C--Explosives + +Sec. 1121. Short title. +Sec. 1122. Permits for purchasers of explosives. +Sec. 1123. Persons prohibited from receiving or possessing explosive + materials. +Sec. 1124. Requirement to provide samples of explosive materials and + ammonium nitrate. +Sec. 1125. Destruction of property of institutions receiving Federal + financial assistance. +Sec. 1126. Relief from disabilities. +Sec. 1127. Theft reporting requirement. +Sec. 1128. Authorization of appropriations. + + TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION + +Sec. 1201. Air carrier liability for third party claims arising out of + acts of terrorism. +Sec. 1202. Extension of insurance policies. +Sec. 1203. Correction of reference. +Sec. 1204. Report. + + TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT + + Subtitle A--Chief Human Capital Officers + +Sec. 1301. Short title. +Sec. 1302. Agency Chief Human Capital Officers. +Sec. 1303. Chief Human Capital Officers Council. +Sec. 1304. Strategic human capital management. +Sec. 1305. Effective date. + + Subtitle B--Reforms Relating to Federal Human Capital Management + +Sec. 1311. Inclusion of agency human capital strategic planning in + performance plans and programs performance reports. +Sec. 1312. Reform of the competitive service hiring process. +Sec. 1313. Permanent extension, revision, and expansion of authorities + for use of voluntary separation incentive pay and voluntary + early retirement. +Sec. 1314. Student volunteer transit subsidy. + + Subtitle C--Reforms Relating to the Senior Executive Service + +Sec. 1321. Repeal of recertification requirements of senior executives. +Sec. 1322. Adjustment of limitation on total annual compensation. + + Subtitle D--Academic Training + +Sec. 1331. Academic training. +Sec. 1332. Modifications to National Security Education Program. + + TITLE XIV--ARMING PILOTS AGAINST TERRORISM + +Sec. 1401. Short title. +Sec. 1402. Federal Flight Deck Officer Program. +Sec. 1403. Crew training. +Sec. 1404. Commercial airline security study. +Sec. 1405. Authority to arm flight deck crew with less-than-lethal + weapons. +Sec. 1406. Technical amendments. + + TITLE XV--TRANSITION + + Subtitle A--Reorganization Plan + +Sec. 1501. Definitions. +Sec. 1502. Reorganization plan. +Sec. 1503. Review of congressional committee structures. + + Subtitle B--Transitional Provisions + +Sec. 1511. Transitional authorities. +Sec. 1512. Savings provisions. +Sec. 1513. Terminations. +Sec. 1514. National identification system not authorized. +Sec. 1515. Continuity of Inspector General oversight. +Sec. 1516. Incidental transfers. +Sec. 1517. Reference. + + TITLE XVI--CORRECTIONS TO EXISTING LAW RELATING TO AIRLINE + TRANSPORTATION SECURITY + +Sec. 1601. Retention of security sensitive information authority at + Department of Transportation. +Sec. 1602. Increase in civil penalties. +Sec. 1603. Allowing United States citizens and United States nationals + as screeners. + + TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS + +Sec. 1701. Inspector General Act of 1978. +Sec. 1702. Executive Schedule. +Sec. 1703. United States Secret Service. +Sec. 1704. Coast Guard. +Sec. 1705. Strategic national stockpile and smallpox vaccine + development. +Sec. 1706. Transfer of certain security and law enforcement functions + and authorities. +Sec. 1707. Transportation security regulations. +Sec. 1708. National Bio-Weapons Defense Analysis Center. +Sec. 1709. Collaboration with the Secretary of Homeland Security. +Sec. 1710. Railroad safety to include railroad security. +Sec. 1711. Hazmat safety to include hazmat security. +Sec. 1712. Office of Science and Technology Policy. +Sec. 1713. National Oceanographic Partnership Program. +Sec. 1714. Clarification of definition of manufacturer. +Sec. 1715. Clarification of definition of vaccine-related injury or + death. +Sec. 1716. Clarification of definition of vaccine. +Sec. 1717. Effective date. + + TITLE XVIII--EMERGENCY COMMUNICATIONS + +Sec. 1801. Office for Emergency Communications. +Sec. 1802. National Emergency Communications Plan. +Sec. 1803. Assessments and reports. +Sec. 1804. Coordination of Federal emergency communications grant + programs. +Sec. 1805. Regional emergency communications coordination. +Sec. 1806. Emergency Communications Preparedness Center. +Sec. 1807. Urban and other high risk area communications capabilities. +Sec. 1808. Definition. +Sec. 1809. Interoperable Emergency Communications Grant Program. +Sec. 1810. Border interoperability demonstration project. + + TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE + +Sec. 1901. Domestic Nuclear Detection Office. +Sec. 1902. Mission of Office. +Sec. 1903. Hiring authority. +Sec. 1904. Testing authority. +Sec. 1905. Relationship to other Department entities and Federal + agencies. +Sec. 1906. Contracting and grant making authorities. +Sec. 1907. Joint annual interagency review of global nuclear detection + architecture. + + TITLE XX--HOMELAND SECURITY GRANTS + +Sec. 2001. Definitions. + + Subtitle A--Grants to States and High-Risk Urban Areas + +Sec. 2002. Homeland Security Grant Programs. +Sec. 2003. Urban Area Security Initiative. +Sec. 2004. State Homeland Security Grant Program. +Sec. 2005. Grants to directly eligible tribes. +Sec. 2006. Terrorism prevention. +Sec. 2007. Prioritization. +Sec. 2008. Use of funds. + + Subtitle B--Grants Administration + +Sec. 2021. Administration and coordination. +Sec. 2022. Accountability. + +SEC. 2. [6 U.S.C. 101] DEFINITIONS. + + In this Act, the following definitions apply: + (1) Each of the terms ``American homeland'' and + ``homeland'' means the United States. + (2) The term ``appropriate congressional + committee'' means any committee of the House of + Representatives or the Senate having legislative or + oversight jurisdiction under the Rules of the House of + Representatives or the Senate, respectively, over the + matter concerned. + (3) The term ``assets'' includes contracts, + facilities, property, records, unobligated or + unexpended balances of appropriations, and other funds + or resources (other than personnel). + (4) The term ``critical infrastructure'' has the + meaning given that term in section 1016(e) of Public + Law 107-56 (42 U.S.C. 5195c(e)). + (5) The term ``Department'' means the Department of + Homeland Security. + (6) The term ``emergency response providers'' + includes Federal, State, and local governmental and + nongovernmental emergency public safety, fire, law + enforcement, emergency response, emergency medical + (including hospital emergency facilities), and related + personnel, agencies, and authorities. + (7) The term ``executive agency'' means an + executive agency and a military department, as defined, + respectively, in sections 105 and 102 of title 5, + United States Code. + (8) The term ``functions'' includes authorities, + powers, rights, privileges, immunities, programs, + projects, activities, duties, and responsibilities. + (9) The term ``intelligence component of the + Department'' means any element or entity of the + Department that collects, gathers, processes, analyzes, + produces, or disseminates intelligence information + within the scope of the information sharing + environment, including homeland security information, + terrorism information, and weapons of mass destruction + information, or national intelligence, as defined under + section 3(5) of the National Security Act of 1947 (50 + U.S.C. 401a(5)), except-- + (A) the United States Secret Service; and + (B) the Coast Guard, when operating under + the direct authority of the Secretary of + Defense or Secretary of the Navy pursuant to + section 3 of title 14, United States Code, + except that nothing in this paragraph shall + affect or diminish the authority and + responsibilities of the Commandant of the Coast + Guard to command or control the Coast Guard as + an armed force or the authority of the Director + of National Intelligence with respect to the + Coast Guard as an element of the intelligence + community (as defined under section 3(4) of the + National Security Act of 1947 (50 U.S.C. + 401a(4)). + (10) The term ``key resources'' means publicly or + privately controlled resources essential to the minimal + operations of the economy and government. + (11) The term ``local government'' means-- + (A) a county, municipality, city, town, + township, local public authority, school + district, special district, intrastate + district, council of governments (regardless of + whether the council of governments is + incorporated as a nonprofit corporation under + State law), regional or interstate government + entity, or agency or instrumentality of a local + government; + (B) an Indian tribe or authorized tribal + organization, or in Alaska a Native village or + Alaska Regional Native Corporation; and + (C) a rural community, unincorporated town + or village, or other public entity. + (12) The term ``major disaster'' has the meaning + given in section 102(2) of the Robert T. Stafford + Disaster Relief and Emergency Assistance Act (42 U.S.C. + 5122). + (13) The term ``personnel'' means officers and + employees. + (14) The term ``Secretary'' means the Secretary of + Homeland Security. + (15) The term ``State'' means any State of the + United States, the District of Columbia, the + Commonwealth of Puerto Rico, the Virgin Islands, Guam, + American Samoa, the Commonwealth of the Northern + Mariana Islands, and any possession of the United + States. + (16) The term ``terrorism'' means any activity + that-- + (A) involves an act that-- + (i) is dangerous to human life or + potentially destructive of critical + infrastructure or key resources; and + (ii) is a violation of the criminal + laws of the United States or of any + State or other subdivision of the + United States; and + (B) appears to be intended-- + (i) to intimidate or coerce a + civilian population; + (ii) to influence the policy of a + government by intimidation or coercion; + or + (iii) to affect the conduct of a + government by mass destruction, + assassination, or kidnapping. + (17)(A) The term ``United States'', when used in a + geographic sense, means any State of the United States, + the District of Columbia, the Commonwealth of Puerto + Rico, the Virgin Islands, Guam, American Samoa, the + Commonwealth of the Northern Mariana Islands, any + possession of the United States, and any waters within + the jurisdiction of the United States. + (B) Nothing in this paragraph or any other + provision of this Act shall be construed to modify the + definition of ``United States'' for the purposes of the + Immigration and Nationality Act or any other + immigration or nationality law. + (18) The term ``voluntary preparedness standards'' + means a common set of criteria for preparedness, + disaster management, emergency management, and business + continuity programs, such as the American National + Standards Institute's National Fire Protection + Association Standard on Disaster/Emergency Management + and Business Continuity Programs (ANSI/NFPA 1600). + +SEC. 3. [6 U.S.C. 102] CONSTRUCTION; SEVERABILITY. + + Any provision of this Act held to be invalid or +unenforceable by its terms, or as applied to any person or +circumstance, shall be construed so as to give it the maximum +effect permitted by law, unless such holding shall be one of +utter invalidity or unenforceability, in which event such +provision shall be deemed severable from this Act and shall not +affect the remainder thereof, or the application of such +provision to other persons not similarly situated or to other, +dissimilar circumstances. + +SEC. 4. [6 U.S.C. 101 NOTE] EFFECTIVE DATE. + + This Act shall take effect 60 days after the date of +enactment. + + TITLE I--DEPARTMENT OF HOMELAND SECURITY + +SEC. 101. [6 U.S.C. 111] EXECUTIVE DEPARTMENT; MISSION. + + (a) Establishment.--There is established a Department of +Homeland Security, as an executive department of the United +States within the meaning of title 5, United States Code. + (b) Mission.-- + (1) In general.--The primary mission of the + Department is to-- + (A) prevent terrorist attacks within the + United States; + (B) reduce the vulnerability of the United + States to terrorism; + (C) minimize the damage, and assist in the + recovery, from terrorist attacks that do occur + within the United States; + (D) carry out all functions of entities + transferred to the Department, including by + acting as a focal point regarding natural and + manmade crises and emergency planning; + (E) ensure that the functions of the + agencies and subdivisions within the Department + that are not related directly to securing the + homeland are not diminished or neglected except + by a specific explicit Act of Congress; + (F) ensure that the overall economic + security of the United States is not diminished + by efforts, activities, and programs aimed at + securing the homeland; + (G) ensure that the civil rights and civil + liberties of persons are not diminished by + efforts, activities, and programs aimed at + securing the homeland; and + (H) monitor connections between illegal + drug trafficking and terrorism, coordinate + efforts to sever such connections, and + otherwise contribute to efforts to interdict + illegal drug trafficking. + (2) Responsibility for investigating and + prosecuting terrorism.--Except as specifically provided + by law with respect to entities transferred to the + Department under this Act, primary responsibility for + investigating and prosecuting acts of terrorism shall + be vested not in the Department, but rather in Federal, + State, and local law enforcement agencies with + jurisdiction over the acts in question. + +SEC. 102. [6 U.S.C. 112] SECRETARY; FUNCTIONS. + + (a) Secretary.-- + (1) In general.--There is a Secretary of Homeland + Security, appointed by the President, by and with the + advice and consent of the Senate. + (2) Head of department.--The Secretary is the head + of the Department and shall have direction, authority, + and control over it. + (3) Functions vested in secretary.--All functions + of all officers, employees, and organizational units of + the Department are vested in the Secretary. + (b) Functions.--The Secretary-- + (1) except as otherwise provided by this Act, may + delegate any of the Secretary's functions to any + officer, employee, or organizational unit of the + Department; + (2) shall have the authority to make contracts, + grants, and cooperative agreements, and to enter into + agreements with other executive agencies, as may be + necessary and proper to carry out the Secretary's + responsibilities under this Act or otherwise provided + by law; and + (3) shall take reasonable steps to ensure that + information systems and databases of the Department are + compatible with each other and with appropriate + databases of other Departments. + (c) Coordination With Non-Federal Entities.--With respect +to homeland security, the Secretary shall coordinate through +the Office of State and Local Coordination (established under +section 801) (including the provision of training and +equipment) with State and local government personnel, agencies, +and authorities, with the private sector, and with other +entities, including by-- + (1) coordinating with State and local government + personnel, agencies, and authorities, and with the + private sector, to ensure adequate planning, equipment, + training, and exercise activities; + (2) coordinating and, as appropriate, + consolidating, the Federal Government's communications + and systems of communications relating to homeland + security with State and local government personnel, + agencies, and authorities, the private sector, other + entities, and the public; and + (3) distributing or, as appropriate, coordinating + the distribution of, warnings and information to State + and local government personnel, agencies, and + authorities and to the public. + (d) Meetings of National Security Council.--The Secretary +may, subject to the direction of the President, attend and +participate in meetings of the National Security Council. + (e) Issuance of Regulations.--The issuance of regulations +by the Secretary shall be governed by the provisions of chapter +5 of title 5, United States Code, except as specifically +provided in this Act, in laws granting regulatory authorities +that are transferred by this Act, and in laws enacted after the +date of enactment of this Act. + (f) Special Assistant to the Secretary.--The Secretary +shall appoint a Special Assistant to the Secretary who shall be +responsible for-- + (1) creating and fostering strategic communications + with the private sector to enhance the primary mission + of the Department to protect the American homeland; + (2) advising the Secretary on the impact of the + Department's policies, regulations, processes, and + actions on the private sector; + (3) interfacing with other relevant Federal + agencies with homeland security missions to assess the + impact of these agencies' actions on the private + sector; + (4) creating and managing private sector advisory + councils composed of representatives of industries and + associations designated by the Secretary to-- + (A) advise the Secretary on private sector + products, applications, and solutions as they + relate to homeland security challenges; + (B) advise the Secretary on homeland + security policies, regulations, processes, and + actions that affect the participating + industries and associations; and + (C) advise the Secretary on private sector + preparedness issues, including effective + methods for-- + (i) promoting voluntary + preparedness standards to the private + sector; and + (ii) assisting the private sector + in adopting voluntary preparedness + standards; + (5) working with Federal laboratories, federally + funded research and development centers, other + federally funded organizations, academia, and the + private sector to develop innovative approaches to + address homeland security challenges to produce and + deploy the best available technologies for homeland + security missions; + (6) promoting existing public-private partnerships + and developing new public-private partnerships to + provide for collaboration and mutual support to address + homeland security challenges; + (7) assisting in the development and promotion of + private sector best practices to secure critical + infrastructure; + (8) providing information to the private sector + regarding voluntary preparedness standards and the + business justification for preparedness and promoting + to the private sector the adoption of voluntary + preparedness standards; + (9) coordinating industry efforts, with respect to + functions of the Department of Homeland Security, to + identify private sector resources and capabilities that + could be effective in supplementing Federal, State, and + local government agency efforts to prevent or respond + to a terrorist attack; + (10) coordinating with the Directorate of Border + and Transportation Security and the Assistant Secretary + for Trade Development of the Department of Commerce on + issues related to the travel and tourism industries; + and + (11) consulting with the Office of State and Local + Government Coordination and Preparedness on all matters + of concern to the private sector, including the tourism + industry. + (g) Standards Policy.--All standards activities of the +Department shall be conducted in accordance with section 12(d) +of the National Technology Transfer Advancement Act of 1995 (15 +U.S.C. 272 note) and Office of Management and Budget Circular +A-119. + +SEC. 103. [6 U.S.C. 113] OTHER OFFICERS. + + (a) Deputy Secretary; Under Secretaries.--There are the +following officers, appointed by the President, by and with the +advice and consent of the Senate: + (1) A Deputy Secretary of Homeland Security, who + shall be the Secretary's first assistant for purposes + of subchapter III of chapter 33 of title 5, United + States Code. + (2) An Under Secretary for Science and Technology. + (3) An Under Secretary for Border and + Transportation Security. + (4) An Administrator of the Federal Emergency + Management Agency. + (5) A Director of the Bureau of Citizenship and + Immigration Services. + (6) An Under Secretary for Management. + (7) A Director of the Office of Counternarcotics + Enforcement. + (8) An Under Secretary responsible for overseeing + critical infrastructure protection, cybersecurity, and + other related programs of the Department. + (9) Not more than 12 Assistant Secretaries. + (10) A General Counsel, who shall be the chief + legal officer of the Department. + (b) Inspector General.--There shall be in the Department an +Office of Inspector General and an Inspector General at the +head of such office, as provided in the Inspector General Act +of 1978 (5 U.S.C. App.). + (c) Commandant of the Coast Guard.--To assist the Secretary +in the performance of the Secretary's functions, there is a +Commandant of the Coast Guard, who shall be appointed as +provided in section 44 of title 14, United States Code, and who +shall report directly to the Secretary. In addition to such +duties as may be provided in this Act and as assigned to the +Commandant by the Secretary, the duties of the Commandant shall +include those required by section 2 of title 14, United States +Code. + (d) Other Officers.--To assist the Secretary in the +performance of the Secretary's functions, there are the +following officers, appointed by the President: + (1) A Director of the Secret Service. + (2) A Chief Information Officer. + (3) An Officer for Civil Rights and Civil + Liberties. + (4) A Director for Domestic Nuclear Detection. + (f) Performance of Specific Functions.--Subject to the +provisions of this Act, every officer of the Department shall +perform the functions specified by law for the official's +office or prescribed by the Secretary. + (e) Chief Financial Officer.--There shall be in the +Department a Chief Financial Officer, as provided in chapter 9 +of title 31, United States Code. + + TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION + + Subtitle A--Information and Analysis and Infrastructure Protection; + Access to Information + +SEC. 201. [6 U.S.C. 121] INFORMATION AND ANALYSIS AND INFRASTRUCTURE + PROTECTION. + + (a) Intelligence and Analysis and Infrastructure +Protection.--There shall be in the Department an Office of +Intelligence and Analysis and an Office of Infrastructure +Protection. + (b) Under Secretary for Intelligence and Analysis and +Assistant Secretary for Infrastructure Protection.-- + (1) Office of intelligence and analysis.--The + Office of Intelligence and Analysis shall be headed by + an Under Secretary for Intelligence and Analysis, who + shall be appointed by the President, by and with the + advice and consent of the Senate. + (2) Chief intelligence officer.--The Under + Secretary for Intelligence and Analysis shall serve as + the Chief Intelligence Officer of the Department. + (3) Office of infrastructure protection.--The + Office of Infrastructure Protection shall be headed by + an Assistant Secretary for Infrastructure Protection, + who shall be appointed by the President. + (c) Discharge of Responsibilities.--The Secretary shall +ensure that the responsibilities of the Department relating to +information analysis and infrastructure protection, including +those described in subsection (d), are carried out through the +Under Secretary for Intelligence and Analysis or the Assistant +Secretary for Infrastructure Protection, as appropriate. + (d) Responsibilities of Secretary Relating To Intelligence +and Analysis and Infrastructure Protection.--The +responsibilities of the Secretary relating to intelligence and +analysis and infrastructure protection shall be as follows: + (1) To access, receive, and analyze law enforcement + information, intelligence information, and other + information from agencies of the Federal Government, + State and local government agencies (including law + enforcement agencies), and private sector entities, and + to integrate such information, in support of the + mission responsibilities of the Department and the + functions of the National Counterterrorism Center + established under section 119 of the National Security + Act of 1947 (50 U.S.C. 404o), in order to-- + (A) identify and assess the nature and + scope of terrorist threats to the homeland; + (B) detect and identify threats of + terrorism against the United States; and + (C) understand such threats in light of + actual and potential vulnerabilities of the + homeland. + (2) To carry out comprehensive assessments of the + vulnerabilities of the key resources and critical + infrastructure of the United States, including the + performance of risk assessments to determine the risks + posed by particular types of terrorist attacks within + the United States (including an assessment of the + probability of success of such attacks and the + feasibility and potential efficacy of various + countermeasures to such attacks). + (3) To integrate relevant information, analyses, + and vulnerability assessments (whether such + information, analyses, or assessments are provided or + produced by the Department or others) in order to + identify priorities for protective and support measures + by the Department, other agencies of the Federal + Government, State and local government agencies and + authorities, the private sector, and other entities. + (4) To ensure, pursuant to section 202, the timely + and efficient access by the Department to all + information necessary to discharge the responsibilities + under this section, including obtaining such + information from other agencies of the Federal + Government. + (5) To develop a comprehensive national plan for + securing the key resources and critical infrastructure + of the United States, including power production, + generation, and distribution systems, information + technology and telecommunications systems (including + satellites), electronic financial and property record + storage and transmission systems, emergency + preparedness communications systems, and the physical + and technological assets that support such systems. + (6) To recommend measures necessary to protect the + key resources and critical infrastructure of the United + States in coordination with other agencies of the + Federal Government and in cooperation with State and + local government agencies and authorities, the private + sector, and other entities. + (7) To review, analyze, and make recommendations + for improvements to the policies and procedures + governing the sharing of information within the scope + of the information sharing environment established + under section 1016 of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 U.S.C. 485), + including homeland security information, terrorism + information, and weapons of mass destruction + information, and any policies, guidelines, procedures, + instructions, or standards established under that + section. + (8) To disseminate, as appropriate, information + analyzed by the Department within the Department, to + other agencies of the Federal Government with + responsibilities relating to homeland security, and to + agencies of State and local governments and private + sector entities with such responsibilities in order to + assist in the deterrence, prevention, preemption of, or + response to, terrorist attacks against the United + States. + (9) To consult with the Director of National + Intelligence and other appropriate intelligence, law + enforcement, or other elements of the Federal + Government to establish collection priorities and + strategies for information, including law enforcement- + related information, relating to threats of terrorism + against the United States through such means as the + representation of the Department in discussions + regarding requirements and priorities in the collection + of such information. + (10) To consult with State and local governments + and private sector entities to ensure appropriate + exchanges of information, including law enforcement- + related information, relating to threats of terrorism + against the United States. + (11) To ensure that-- + (A) any material received pursuant to this + Act is protected from unauthorized disclosure + and handled and used only for the performance + of official duties; and + (B) any intelligence information under this + Act is shared, retained, and disseminated + consistent with the authority of the Director + of National Intelligence to protect + intelligence sources and methods under the + National Security Act of 1947 (50 U.S.C. 401 et + seq.) and related procedures and, as + appropriate, similar authorities of the + Attorney General concerning sensitive law + enforcement information. + (12) To request additional information from other + agencies of the Federal Government, State and local + government agencies, and the private sector relating to + threats of terrorism in the United States, or relating + to other areas of responsibility assigned by the + Secretary, including the entry into cooperative + agreements through the Secretary to obtain such + information. + (13) To establish and utilize, in conjunction with + the chief information officer of the Department, a + secure communications and information technology + infrastructure, including data-mining and other + advanced analytical tools, in order to access, receive, + and analyze data and information in furtherance of the + responsibilities under this section, and to disseminate + information acquired and analyzed by the Department, as + appropriate. + (14) To ensure, in conjunction with the chief + information officer of the Department, that any + information databases and analytical tools developed or + utilized by the Department-- + (A) are compatible with one another and + with relevant information databases of other + agencies of the Federal Government; and + (B) treat information in such databases in + a manner that complies with applicable Federal + law on privacy. + (15) To coordinate training and other support to + the elements and personnel of the Department, other + agencies of the Federal Government, and State and local + governments that provide information to the Department, + or are consumers of information provided by the + Department, in order to facilitate the identification + and sharing of information revealed in their ordinary + duties and the optimal utilization of information + received from the Department. + (16) To coordinate with elements of the + intelligence community and with Federal, State, and + local law enforcement agencies, and the private sector, + as appropriate. + (17) To provide intelligence and information + analysis and support to other elements of the + Department. + (18) To coordinate and enhance integration among + the intelligence components of the Department, + including through strategic oversight of the + intelligence activities of such components. + (19) To establish the intelligence collection, + processing, analysis, and dissemination priorities, + policies, processes, standards, guidelines, and + procedures for the intelligence components of the + Department, consistent with any directions from the + President and, as applicable, the Director of National + Intelligence. + (20) To establish a structure and process to + support the missions and goals of the intelligence + components of the Department. + (21) To ensure that, whenever possible, the + Department-- + (A) produces and disseminates unclassified + reports and analytic products based on open- + source information; and + (B) produces and disseminates such reports + and analytic products contemporaneously with + reports or analytic products concerning the + same or similar information that the Department + produced and disseminated in a classified + format. + (22) To establish within the Office of Intelligence + and Analysis an internal continuity of operations plan. + (23) Based on intelligence priorities set by the + President, and guidance from the Secretary and, as + appropriate, the Director of National Intelligence-- + (A) to provide to the heads of each + intelligence component of the Department + guidance for developing the budget pertaining + to the activities of such component; and + (B) to present to the Secretary a + recommendation for a consolidated budget for + the intelligence components of the Department, + together with any comments from the heads of + such components. + (24) To perform such other duties relating to such + responsibilities as the Secretary may provide. + (25) To prepare and submit to the Committee on + Homeland Security and Governmental Affairs of the + Senate and the Committee on Homeland Security in the + House of Representatives, and to other appropriate + congressional committees having jurisdiction over the + critical infrastructure or key resources, for each + sector identified in the National Infrastructure + Protection Plan, a report on the comprehensive + assessments carried out by the Secretary of the + critical infrastructure and key resources of the United + States, evaluating threat, vulnerability, and + consequence, as required under this subsection. Each + such report-- + (A) shall contain, if applicable, actions + or countermeasures recommended or taken by the + Secretary or the head of another Federal agency + to address issues identified in the + assessments; + (B) shall be required for fiscal year 2007 + and each subsequent fiscal year and shall be + submitted not later than 35 days after the last + day of the fiscal year covered by the report; + and + (C) may be classified. + (e) Staff.-- + (1) In general.--The Secretary shall provide the + Office of Intelligence and Analysis and the Office of + Infrastructure Protection with a staff of analysts + having appropriate expertise and experience to assist + such offices in discharging responsibilities under this + section. + (2) Private sector analysts.--Analysts under this + subsection may include analysts from the private + sector. + (3) Security clearances.--Analysts under this + subsection shall possess security clearances + appropriate for their work under this section. + (f) Detail of Personnel.-- + (1) In general.--In order to assist the Office of + Intelligence and Analysis and the Office of + Infrastructure Protection in discharging + responsibilities under this section, personnel of the + agencies referred to in paragraph (2) may be detailed + to the Department for the performance of analytic + functions and related duties. + (2) Covered agencies.--The agencies referred to in + this paragraph are as follows: + (A) The Department of State. + (B) The Central Intelligence Agency. + (C) The Federal Bureau of Investigation. + (D) The National Security Agency. + (E) The National Imagery and Mapping Agency + \1\. +--------------------------------------------------------------------------- + \1\ The reference to ``National Imagery and Mapping Agency'' in +subsection (f)(2)(E) probably should be to ``National Geospatial- +Intelligence Agency''. Section 931(b)(5) of Public Law 110-417 amends +section 201(e)(2) by striking ``National Imagery and Mapping Agency'' +and inserting ``National Geospatial-Intelligence Agency''. The +amendment was not executed. +--------------------------------------------------------------------------- + (F) The Defense Intelligence Agency. + (G) Any other agency of the Federal + Government that the President considers + appropriate. + (3) Cooperative agreements.--The Secretary and the + head of the agency concerned may enter into cooperative + agreements for the purpose of detailing personnel under + this subsection. + (4) Basis.--The detail of personnel under this + subsection may be on a reimbursable or non-reimbursable + basis. + (g) Functions Transferred.--In accordance with title XV, +there shall be transferred to the Secretary, for assignment to +the Office of Intelligence and Analysis and the Office of +Infrastructure Protection under this section, the functions, +personnel, assets, and liabilities of the following: + (1) The National Infrastructure Protection Center + of the Federal Bureau of Investigation (other than the + Computer Investigations and Operations Section), + including the functions of the Attorney General + relating thereto. + (2) The National Communications System of the + Department of Defense, including the functions of the + Secretary of Defense relating thereto. + (3) The Critical Infrastructure Assurance Office of + the Department of Commerce, including the functions of + the Secretary of Commerce relating thereto. + (4) The National Infrastructure Simulation and + Analysis Center of the Department of Energy and the + energy security and assurance program and activities of + the Department, including the functions of the + Secretary of Energy relating thereto. + (5) The Federal Computer Incident Response Center + of the General Services Administration, including the + functions of the Administrator of General Services + relating thereto. + + * * * * * * * + + +SEC. 202. [6 U.S.C. 122] ACCESS TO INFORMATION. + + (a) In General.-- + (1) Threat and vulnerability information.--Except + as otherwise directed by the President, the Secretary + shall have such access as the Secretary considers + necessary to all information, including reports, + assessments, analyses, and unevaluated intelligence + relating to threats of terrorism against the United + States and to other areas of responsibility assigned by + the Secretary, and to all information concerning + infrastructure or other vulnerabilities of the United + States to terrorism, whether or not such information + has been analyzed, that may be collected, possessed, or + prepared by any agency of the Federal Government. + (2) Other information.--The Secretary shall also + have access to other information relating to matters + under the responsibility of the Secretary that may be + collected, possessed, or prepared by an agency of the + Federal Government as the President may further + provide. + (b) Manner of Access.--Except as otherwise directed by the +President, with respect to information to which the Secretary +has access pursuant to this section-- + (1) the Secretary may obtain such material upon + request, and may enter into cooperative arrangements + with other executive agencies to provide such material + or provide Department officials with access to it on a + regular or routine basis, including requests or + arrangements involving broad categories of material, + access to electronic databases, or both; and + (2) regardless of whether the Secretary has made + any request or entered into any cooperative arrangement + pursuant to paragraph (1), all agencies of the Federal + Government shall promptly provide to the Secretary-- + (A) all reports (including information + reports containing intelligence which has not + been fully evaluated), assessments, and + analytical information relating to threats of + terrorism against the United States and to + other areas of responsibility assigned by the + Secretary; + (B) all information concerning the + vulnerability of the infrastructure of the + United States, or other vulnerabilities of the + United States, to terrorism, whether or not + such information has been analyzed; + (C) all other information relating to + significant and credible threats of terrorism + against the United States, whether or not such + information has been analyzed; and + (D) such other information or material as + the President may direct. + (c) Treatment Under Certain Laws.--The Secretary shall be +deemed to be a Federal law enforcement, intelligence, +protective, national defense, immigration, or national security +official, and shall be provided with all information from law +enforcement agencies that is required to be given to the +Director of Central Intelligence, under any provision of the +following: + (1) The USA PATRIOT Act of 2001 (Public Law 107- + 56). + (2) Section 2517(6) of title 18, United States + Code. + (3) Rule 6(e)(3)(C) of the Federal Rules of + Criminal Procedure. + (d) Access to Intelligence and Other Information.-- + (1) Access by elements of federal government.-- + Nothing in this title shall preclude any element of the + intelligence community (as that term is defined in + section 3(4) of the National Security Act of 1947 (50 + U.S.C. 401a(4)), or any other element of the Federal + Government with responsibility for analyzing terrorist + threat information, from receiving any intelligence or + other information relating to terrorism. + (2) Sharing of information.--The Secretary, in + consultation with the Director of Central Intelligence, + shall work to ensure that intelligence or other + information relating to terrorism to which the + Department has access is appropriately shared with the + elements of the Federal Government referred to in + paragraph (1), as well as with State and local + governments, as appropriate. + +SEC. 203. [6 U.S.C. 124] HOMELAND SECURITY ADVISORY SYSTEM. + + (a) Requirement.--The Secretary shall administer the +Homeland Security Advisory System in accordance with this +section to provide advisories or warnings regarding the threat +or risk that acts of terrorism will be committed on the +homeland to Federal, State, local, and tribal government +authorities and to the people of the United States, as +appropriate. The Secretary shall exercise primary +responsibility for providing such advisories or warnings. + (b) Required Elements.--In administering the Homeland +Security Advisory System, the Secretary shall-- + (1) establish criteria for the issuance and + revocation of such advisories or warnings; + (2) develop a methodology, relying on the criteria + established under paragraph (1), for the issuance and + revocation of such advisories or warnings; + (3) provide, in each such advisory or warning, + specific information and advice regarding appropriate + protective measures and countermeasures that may be + taken in response to the threat or risk, at the maximum + level of detail practicable to enable individuals, + government entities, emergency response providers, and + the private sector to act appropriately; + (4) whenever possible, limit the scope of each such + advisory or warning to a specific region, locality, or + economic sector believed to be under threat or at risk; + and + (5) not, in issuing any advisory or warning, use + color designations as the exclusive means of specifying + homeland security threat conditions that are the + subject of the advisory or warning. + +SEC. 204. [6 U.S.C. 124A] HOMELAND SECURITY INFORMATION SHARING. + + (a) Information Sharing.--Consistent with section 1016 of +the Intelligence Reform and Terrorism Prevention Act of 2004 (6 +U.S.C. 485), the Secretary, acting through the Under Secretary +for Intelligence and Analysis, shall integrate the information +and standardize the format of the products of the intelligence +components of the Department containing homeland security +information, terrorism information, weapons of mass destruction +information, or national intelligence (as defined in section +3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))) +except for any internal security protocols or personnel +information of such intelligence components, or other +administrative processes that are administered by any chief +security officer of the Department. + (b) Information Sharing and Knowledge Management +Officers.--For each intelligence component of the Department, +the Secretary shall designate an information sharing and +knowledge management officer who shall report to the Under +Secretary for Intelligence and Analysis regarding coordinating +the different systems used in the Department to gather and +disseminate homeland security information or national +intelligence (as defined in section 3(5) of the National +Security Act of 1947 (50 U.S.C. 401a(5))). + (c) State, Local, and Private-Sector Sources of +Information.-- + (1) Establishment of business processes.--The + Secretary, acting through the Under Secretary for + Intelligence and Analysis or the Assistant Secretary + for Infrastructure Protection, as appropriate, shall-- + (A) establish Department-wide procedures + for the review and analysis of information + provided by State, local, and tribal + governments and the private sector; + (B) as appropriate, integrate such + information into the information gathered by + the Department and other departments and + agencies of the Federal Government; and + (C) make available such information, as + appropriate, within the Department and to other + departments and agencies of the Federal + Government. + (2) Feedback.--The Secretary shall develop + mechanisms to provide feedback regarding the analysis + and utility of information provided by any entity of + State, local, or tribal government or the private + sector that provides such information to the + Department. + (d) Training and Evaluation of Employees.-- + (1) Training.--The Secretary, acting through the + Under Secretary for Intelligence and Analysis or the + Assistant Secretary for Infrastructure Protection, as + appropriate, shall provide to employees of the + Department opportunities for training and education to + develop an understanding of-- + (A) the definitions of homeland security + information and national intelligence (as + defined in section 3(5) of the National + Security Act of 1947 (50 U.S.C. 401a(5))); and + (B) how information available to such + employees as part of their duties-- + (i) might qualify as homeland + security information or national + intelligence; and + (ii) might be relevant to the + Office of Intelligence and Analysis and + the intelligence components of the + Department. + (2) Evaluations.--The Under Secretary for + Intelligence and Analysis shall-- + (A) on an ongoing basis, evaluate how + employees of the Office of Intelligence and + Analysis and the intelligence components of the + Department are utilizing homeland security + information or national intelligence, sharing + information within the Department, as described + in this title, and participating in the + information sharing environment established + under section 1016 of the Intelligence Reform + and Terrorism Prevention Act of 2004 (6 U.S.C. + 485); and + (B) provide to the appropriate component + heads regular reports regarding the evaluations + under subparagraph (A). + +SEC. 205. [6 U.S.C. 124B] COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK + ARCHITECTURE. + + (a) Establishment.--The Secretary, acting through the Under +Secretary for Intelligence and Analysis, shall establish, +consistent with the policies and procedures developed under +section 1016 of the Intelligence Reform and Terrorism +Prevention Act of 2004 (6 U.S.C. 485), and consistent with the +enterprise architecture of the Department, a comprehensive +information technology network architecture for the Office of +Intelligence and Analysis that connects the various databases +and related information technology assets of the Office of +Intelligence and Analysis and the intelligence components of +the Department in order to promote internal information sharing +among the intelligence and other personnel of the Department. + (b) Comprehensive Information Technology Network +Architecture Defined.--The term ``comprehensive information +technology network architecture'' means an integrated framework +for evolving or maintaining existing information technology and +acquiring new information technology to achieve the strategic +management and information resources management goals of the +Office of Intelligence and Analysis. + +SEC. 206. [6 U.S.C. 124C] COORDINATION WITH INFORMATION SHARING + ENVIRONMENT. + + (a) Guidance.--All activities to comply with sections 203, +204, and 205 shall be-- + (1) consistent with any policies, guidelines, + procedures, instructions, or standards established + under section 1016 of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 U.S.C. 485); + (2) implemented in coordination with, as + appropriate, the program manager for the information + sharing environment established under that section; + (3) consistent with any applicable guidance issued + by the Director of National Intelligence; and + (4) consistent with any applicable guidance issued + by the Secretary relating to the protection of law + enforcement information or proprietary information. + (b) Consultation.--In carrying out the duties and +responsibilities under this subtitle, the Under Secretary for +Intelligence and Analysis shall take into account the views of +the heads of the intelligence components of the Department. + +SEC. 207. [6 U.S.C. 124D] INTELLIGENCE COMPONENTS. + + Subject to the direction and control of the Secretary, and +consistent with any applicable guidance issued by the Director +of National Intelligence, the responsibilities of the head of +each intelligence component of the Department are as follows: + (1) To ensure that the collection, processing, + analysis, and dissemination of information within the + scope of the information sharing environment, including + homeland security information, terrorism information, + weapons of mass destruction information, and national + intelligence (as defined in section 3(5) of the + National Security Act of 1947 (50 U.S.C. 401a(5))), are + carried out effectively and efficiently in support of + the intelligence mission of the Department, as led by + the Under Secretary for Intelligence and Analysis. + (2) To otherwise support and implement the + intelligence mission of the Department, as led by the + Under Secretary for Intelligence and Analysis. + (3) To incorporate the input of the Under Secretary + for Intelligence and Analysis with respect to + performance appraisals, bonus or award recommendations, + pay adjustments, and other forms of commendation. + (4) To coordinate with the Under Secretary for + Intelligence and Analysis in developing policies and + requirements for the recruitment and selection of + intelligence officials of the intelligence component. + (5) To advise and coordinate with the Under + Secretary for Intelligence and Analysis on any plan to + reorganize or restructure the intelligence component + that would, if implemented, result in realignments of + intelligence functions. + (6) To ensure that employees of the intelligence + component have knowledge of, and comply with, the + programs and policies established by the Under + Secretary for Intelligence and Analysis and other + appropriate officials of the Department and that such + employees comply with all applicable laws and + regulations. + (7) To perform such other activities relating to + such responsibilities as the Secretary may provide. + +SEC. 208. [6 U.S.C. 124E] TRAINING FOR EMPLOYEES OF INTELLIGENCE + COMPONENTS. + + The Secretary shall provide training and guidance for +employees, officials, and senior executives of the intelligence +components of the Department to develop knowledge of laws, +regulations, operations, policies, procedures, and programs +that are related to the functions of the Department relating to +the collection, processing, analysis, and dissemination of +information within the scope of the information sharing +environment, including homeland security information, terrorism +information, and weapons of mass destruction information, or +national intelligence (as defined in section 3(5) of the +National Security Act of 1947 (50 U.S.C. 401a(5))). + +SEC. 209. [6 U.S.C. 124F] INTELLIGENCE TRAINING DEVELOPMENT FOR STATE + AND LOCAL GOVERNMENT OFFICIALS. + + (a) Curriculum.--The Secretary, acting through the Under +Secretary for Intelligence and Analysis, shall-- + (1) develop a curriculum for training State, local, + and tribal government officials, including law + enforcement officers, intelligence analysts, and other + emergency response providers, in the intelligence cycle + and Federal laws, practices, and regulations regarding + the development, handling, and review of intelligence + and other information; and + (2) ensure that the curriculum includes executive + level training for senior level State, local, and + tribal law enforcement officers, intelligence analysts, + and other emergency response providers. + (b) Training.--To the extent possible, the Federal Law +Enforcement Training Center and other existing Federal entities +with the capacity and expertise to train State, local, and +tribal government officials based on the curriculum developed +under subsection (a) shall be used to carry out the training +programs created under this section. If such entities do not +have the capacity, resources, or capabilities to conduct such +training, the Secretary may approve another entity to conduct +such training. + (c) Consultation.--In carrying out the duties described in +subsection (a), the Under Secretary for Intelligence and +Analysis shall consult with the Director of the Federal Law +Enforcement Training Center, the Attorney General, the Director +of National Intelligence, the Administrator of the Federal +Emergency Management Agency, and other appropriate parties, +such as private industry, institutions of higher education, +nonprofit institutions, and other intelligence agencies of the +Federal Government. + +SEC. 210. [6 U.S.C. 124G] INFORMATION SHARING INCENTIVES. + + (a) Awards.--In making cash awards under chapter 45 of +title 5, United States Code, the President or the head of an +agency, in consultation with the program manager designated +under section 1016 of the Intelligence Reform and Terrorism +Prevention Act of 2004 (6 U.S.C. 485), may consider the success +of an employee in appropriately sharing information within the +scope of the information sharing environment established under +that section, including homeland security information, +terrorism information, and weapons of mass destruction +information, or national intelligence (as defined in section +3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), +in a manner consistent with any policies, guidelines, +procedures, instructions, or standards established by the +President or, as appropriate, the program manager of that +environment for the implementation and management of that +environment. + (b) Other Incentives.--The head of each department or +agency described in section 1016(i) of the Intelligence Reform +and Terrorism Prevention Act of 2004 (6 U.S.C. 485(i)), in +consultation with the program manager designated under section +1016 of the Intelligence Reform and Terrorism Prevention Act of +2004 (6 U.S.C. 485), shall adopt best practices regarding +effective ways to educate and motivate officers and employees +of the Federal Government to participate fully in the +information sharing environment, including-- + (1) promotions and other nonmonetary awards; and + (2) publicizing information sharing accomplishments + by individual employees and, where appropriate, the + tangible end benefits that resulted. + +SEC. 210A. [6 U.S.C. 124H] DEPARTMENT OF HOMELAND SECURITY STATE, + LOCAL, AND REGIONAL FUSION CENTER INITIATIVE. + + (a) Establishment.--The Secretary, in consultation with the +program manager of the information sharing environment +established under section 1016 of the Intelligence Reform and +Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney +General, the Privacy Officer of the Department, the Officer for +Civil Rights and Civil Liberties of the Department, and the +Privacy and Civil Liberties Oversight Board established under +section 1061 of the Intelligence Reform and Terrorism +Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a +Department of Homeland Security State, Local, and Regional +Fusion Center Initiative to establish partnerships with State, +local, and regional fusion centers. + (b) Department Support and Coordination.--Through the +Department of Homeland Security State, Local, and Regional +Fusion Center Initiative, and in coordination with the +principal officials of participating State, local, or regional +fusion centers and the officers designated as the Homeland +Security Advisors of the States, the Secretary shall-- + (1) provide operational and intelligence advice and + assistance to State, local, and regional fusion + centers; + (2) support efforts to include State, local, and + regional fusion centers into efforts to establish an + information sharing environment; + (3) conduct tabletop and live training exercises to + regularly assess the capability of individual and + regional networks of State, local, and regional fusion + centers to integrate the efforts of such networks with + the efforts of the Department; + (4) coordinate with other relevant Federal entities + engaged in homeland security-related activities; + (5) provide analytic and reporting advice and + assistance to State, local, and regional fusion + centers; + (6) review information within the scope of the + information sharing environment, including homeland + security information, terrorism information, and + weapons of mass destruction information, that is + gathered by State, local, and regional fusion centers, + and to incorporate such information, as appropriate, + into the Department's own such information; + (7) provide management assistance to State, local, + and regional fusion centers; + (8) serve as a point of contact to ensure the + dissemination of information within the scope of the + information sharing environment, including homeland + security information, terrorism information, and + weapons of mass destruction information; + (9) facilitate close communication and coordination + between State, local, and regional fusion centers and + the Department; + (10) provide State, local, and regional fusion + centers with expertise on Department resources and + operations; + (11) provide training to State, local, and regional + fusion centers and encourage such fusion centers to + participate in terrorism threat-related exercises + conducted by the Department; and + (12) carry out such other duties as the Secretary + determines are appropriate. + (c) Personnel Assignment.-- + (1) In general.--The Under Secretary for + Intelligence and Analysis shall, to the maximum extent + practicable, assign officers and intelligence analysts + from components of the Department to participating + State, local, and regional fusion centers. + (2) Personnel sources.--Officers and intelligence + analysts assigned to participating fusion centers under + this subsection may be assigned from the following + Department components, in coordination with the + respective component head and in consultation with the + principal officials of participating fusion centers: + (A) Office of Intelligence and Analysis. + (B) Office of Infrastructure Protection. + (C) Transportation Security Administration. + (D) United States Customs and Border + Protection. + (E) United States Immigration and Customs + Enforcement. + (F) United States Coast Guard. + (G) Other components of the Department, as + determined by the Secretary. + (3) Qualifying criteria.-- + (A) In general.--The Secretary shall + develop qualifying criteria for a fusion center + to participate in the assigning of Department + officers or intelligence analysts under this + section. + (B) Criteria.--Any criteria developed under + subparagraph (A) may include-- + (i) whether the fusion center, + through its mission and governance + structure, focuses on a broad + counterterrorism approach, and whether + that broad approach is pervasive + through all levels of the organization; + (ii) whether the fusion center has + sufficient numbers of adequately + trained personnel to support a broad + counterterrorism mission; + (iii) whether the fusion center + has-- + (I) access to relevant law + enforcement, emergency + response, private sector, open + source, and national security + data; and + (II) the ability to share + and analytically utilize that + data for lawful purposes; + (iv) whether the fusion center is + adequately funded by the State, local, + or regional government to support its + counterterrorism mission; and + (v) the relevancy of the mission of + the fusion center to the particular + source component of Department officers + or intelligence analysts. + (4) Prerequisite.-- + (A) Intelligence analysis, privacy, and + civil liberties training.--Before being + assigned to a fusion center under this section, + an officer or intelligence analyst shall + undergo-- + (i) appropriate intelligence + analysis or information sharing + training using an intelligence-led + policing curriculum that is consistent + with-- + (I) standard training and + education programs offered to + Department law enforcement and + intelligence personnel; and + (II) the Criminal + Intelligence Systems Operating + Policies under part 23 of title + 28, Code of Federal Regulations + (or any corresponding similar + rule or regulation); + (ii) appropriate privacy and civil + liberties training that is developed, + supported, or sponsored by the Privacy + Officer appointed under section 222 and + the Officer for Civil Rights and Civil + Liberties of the Department, in + consultation with the Privacy and Civil + Liberties Oversight Board established + under section 1061 of the Intelligence + Reform and Terrorism Prevention Act of + 2004 (5 U.S.C. 601 note); and + (iii) such other training + prescribed by the Under Secretary for + Intelligence and Analysis. + (B) Prior work experience in area.--In + determining the eligibility of an officer or + intelligence analyst to be assigned to a fusion + center under this section, the Under Secretary + for Intelligence and Analysis shall consider + the familiarity of the officer or intelligence + analyst with the State, locality, or region, as + determined by such factors as whether the + officer or intelligence analyst-- + (i) has been previously assigned in + the geographic area; or + (ii) has previously worked with + intelligence officials or law + enforcement or other emergency response + providers from that State, locality, or + region. + (5) Expedited security clearance processing.--The + Under Secretary for Intelligence and Analysis-- + (A) shall ensure that each officer or + intelligence analyst assigned to a fusion + center under this section has the appropriate + security clearance to contribute effectively to + the mission of the fusion center; and + (B) may request that security clearance + processing be expedited for each such officer + or intelligence analyst and may use available + funds for such purpose. + (6) Further qualifications.--Each officer or + intelligence analyst assigned to a fusion center under + this section shall satisfy any other qualifications the + Under Secretary for Intelligence and Analysis may + prescribe. + (d) Responsibilities.--An officer or intelligence analyst +assigned to a fusion center under this section shall-- + (1) assist law enforcement agencies and other + emergency response providers of State, local, and + tribal governments and fusion center personnel in using + information within the scope of the information sharing + environment, including homeland security information, + terrorism information, and weapons of mass destruction + information, to develop a comprehensive and accurate + threat picture; + (2) review homeland security-relevant information + from law enforcement agencies and other emergency + response providers of State, local, and tribal + government; + (3) create intelligence and other information + products derived from such information and other + homeland security-relevant information provided by the + Department; and + (4) assist in the dissemination of such products, + as coordinated by the Under Secretary for Intelligence + and Analysis, to law enforcement agencies and other + emergency response providers of State, local, and + tribal government, other fusion centers, and + appropriate Federal agencies. + (e) Border Intelligence Priority.-- + (1) In general.--The Secretary shall make it a + priority to assign officers and intelligence analysts + under this section from United States Customs and + Border Protection, United States Immigration and + Customs Enforcement, and the Coast Guard to + participating State, local, and regional fusion centers + located in jurisdictions along land or maritime borders + of the United States in order to enhance the integrity + of and security at such borders by helping Federal, + State, local, and tribal law enforcement authorities to + identify, investigate, and otherwise interdict persons, + weapons, and related contraband that pose a threat to + homeland security. + (2) Border intelligence products.--When performing + the responsibilities described in subsection (d), + officers and intelligence analysts assigned to + participating State, local, and regional fusion centers + under this section shall have, as a primary + responsibility, the creation of border intelligence + products that-- + (A) assist State, local, and tribal law + enforcement agencies in deploying their + resources most efficiently to help detect and + interdict terrorists, weapons of mass + destruction, and related contraband at land or + maritime borders of the United States; + (B) promote more consistent and timely + sharing of border security-relevant information + among jurisdictions along land or maritime + borders of the United States; and + (C) enhance the Department's situational + awareness of the threat of acts of terrorism at + or involving the land or maritime borders of + the United States. + (f) Database Access.--In order to fulfill the objectives +described under subsection (d), each officer or intelligence +analyst assigned to a fusion center under this section shall +have appropriate access to all relevant Federal databases and +information systems, consistent with any policies, guidelines, +procedures, instructions, or standards established by the +President or, as appropriate, the program manager of the +information sharing environment for the implementation and +management of that environment. + (g) Consumer Feedback.-- + (1) In general.--The Secretary shall create a + voluntary mechanism for any State, local, or tribal law + enforcement officer or other emergency response + provider who is a consumer of the intelligence or other + information products referred to in subsection (d) to + provide feedback to the Department on the quality and + utility of such intelligence products. + (2) Report.--Not later than one year after the date + of the enactment of the Implementing Recommendations of + the 9/11 Commission Act of 2007, and annually + thereafter, the Secretary shall submit to the Committee + on Homeland Security and Governmental Affairs of the + Senate and the Committee on Homeland Security of the + House of Representatives a report that includes a + description of the consumer feedback obtained under + paragraph (1) and, if applicable, how the Department + has adjusted its production of intelligence products in + response to that consumer feedback. + (h) Rule of Construction.-- + (1) In general.--The authorities granted under this + section shall supplement the authorities granted under + section 201(d) and nothing in this section shall be + construed to abrogate the authorities granted under + section 201(d). + (2) Participation.--Nothing in this section shall + be construed to require a State, local, or regional + government or entity to accept the assignment of + officers or intelligence analysts of the Department + into the fusion center of that State, locality, or + region. + (i) Guidelines.--The Secretary, in consultation with the +Attorney General, shall establish guidelines for fusion centers +created and operated by State and local governments, to include +standards that any such fusion center shall-- + (1) collaboratively develop a mission statement, + identify expectations and goals, measure performance, + and determine effectiveness for that fusion center; + (2) create a representative governance structure + that includes law enforcement officers and other + emergency response providers and, as appropriate, the + private sector; + (3) create a collaborative environment for the + sharing of intelligence and information among Federal, + State, local, and tribal government agencies (including + law enforcement officers and other emergency response + providers), the private sector, and the public, + consistent with any policies, guidelines, procedures, + instructions, or standards established by the President + or, as appropriate, the program manager of the + information sharing environment; + (4) leverage the databases, systems, and networks + available from public and private sector entities, in + accordance with all applicable laws, to maximize + information sharing; + (5) develop, publish, and adhere to a privacy and + civil liberties policy consistent with Federal, State, + and local law; + (6) provide, in coordination with the Privacy + Officer of the Department and the Officer for Civil + Rights and Civil Liberties of the Department, + appropriate privacy and civil liberties training for + all State, local, tribal, and private sector + representatives at the fusion center; + (7) ensure appropriate security measures are in + place for the facility, data, and personnel; + (8) select and train personnel based on the needs, + mission, goals, and functions of that fusion center; + (9) offer a variety of intelligence and information + services and products to recipients of fusion center + intelligence and information; and + (10) incorporate law enforcement officers, other + emergency response providers, and, as appropriate, the + private sector, into all relevant phases of the + intelligence and fusion process, consistent with the + mission statement developed under paragraph (1), either + through full time representatives or liaison + relationships with the fusion center to enable the + receipt and sharing of information and intelligence. + (j) Definitions.--In this section-- + (1) the term ``fusion center'' means a + collaborative effort of 2 or more Federal, State, + local, or tribal government agencies that combines + resources, expertise, or information with the goal of + maximizing the ability of such agencies to detect, + prevent, investigate, apprehend, and respond to + criminal or terrorist activity; + (2) the term ``information sharing environment'' + means the information sharing environment established + under section 1016 of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 U.S.C. 485); + (3) the term ``intelligence analyst'' means an + individual who regularly advises, administers, + supervises, or performs work in the collection, + gathering, analysis, evaluation, reporting, production, + or dissemination of information on political, economic, + social, cultural, physical, geographical, scientific, + or military conditions, trends, or forces in foreign or + domestic areas that directly or indirectly affect + national security; + (4) the term ``intelligence-led policing'' means + the collection and analysis of information to produce + an intelligence end product designed to inform law + enforcement decision making at the tactical and + strategic levels; and + (5) the term ``terrorism information'' has the + meaning given that term in section 1016 of the + Intelligence Reform and Terrorism Prevention Act of + 2004 (6 U.S.C. 485). + (k) Authorization of Appropriations.--There is authorized +to be appropriated $10,000,000 for each of fiscal years 2008 +through 2012, to carry out this section, except for subsection +(i), including for hiring officers and intelligence analysts to +replace officers and intelligence analysts who are assigned to +fusion centers under this section. + +SEC. 210B. [6 U.S.C. 124I] HOMELAND SECURITY INFORMATION SHARING + FELLOWS PROGRAM. + + (a) Establishment.-- + (1) In general.--The Secretary, acting through the + Under Secretary for Intelligence and Analysis, and in + consultation with the Chief Human Capital Officer, + shall establish a fellowship program in accordance with + this section for the purpose of-- + (A) detailing State, local, and tribal law + enforcement officers and intelligence analysts + to the Department in accordance with subchapter + VI of chapter 33 of title 5, United States + Code, to participate in the work of the Office + of Intelligence and Analysis in order to become + familiar with-- + (i) the relevant missions and + capabilities of the Department and + other Federal agencies; and + (ii) the role, programs, products, + and personnel of the Office of + Intelligence and Analysis; and + (B) promoting information sharing between + the Department and State, local, and tribal law + enforcement officers and intelligence analysts + by assigning such officers and analysts to-- + (i) serve as a point of contact in + the Department to assist in the + representation of State, local, and + tribal information requirements; + (ii) identify information within + the scope of the information sharing + environment, including homeland + security information, terrorism + information, and weapons of mass + destruction information, that is of + interest to State, local, and tribal + law enforcement officers, intelligence + analysts, and other emergency response + providers; + (iii) assist Department analysts in + preparing and disseminating products + derived from information within the + scope of the information sharing + environment, including homeland + security information, terrorism + information, and weapons of mass + destruction information, that are + tailored to State, local, and tribal + law enforcement officers and + intelligence analysts and designed to + prepare for and thwart acts of + terrorism; and + (iv) assist Department analysts in + preparing products derived from + information within the scope of the + information sharing environment, + including homeland security + information, terrorism information, and + weapons of mass destruction + information, that are tailored to + State, local, and tribal emergency + response providers and assist in the + dissemination of such products through + appropriate Department channels. + (2) Program name.--The program under this section + shall be known as the ``Homeland Security Information + Sharing Fellows Program''. + (b) Eligibility.-- + (1) In general.--In order to be eligible for + selection as an Information Sharing Fellow under the + program under this section, an individual shall-- + (A) have homeland security-related + responsibilities; + (B) be eligible for an appropriate security + clearance; + (C) possess a valid need for access to + classified information, as determined by the + Under Secretary for Intelligence and Analysis; + (D) be an employee of an eligible entity; + and + (E) have undergone appropriate privacy and + civil liberties training that is developed, + supported, or sponsored by the Privacy Officer + and the Officer for Civil Rights and Civil + Liberties, in consultation with the Privacy and + Civil Liberties Oversight Board established + under section 1061 of the Intelligence Reform + and Terrorism Prevention Act of 2004 (5 U.S.C. + 601 note). + (2) Eligible entities.--In this subsection, the + term ``eligible entity'' means-- + (A) a State, local, or regional fusion + center; + (B) a State or local law enforcement or + other government entity that serves a major + metropolitan area, suburban area, or rural + area, as determined by the Secretary; + (C) a State or local law enforcement or + other government entity with port, border, or + agricultural responsibilities, as determined by + the Secretary; + (D) a tribal law enforcement or other + authority; or + (E) such other entity as the Secretary + determines is appropriate. + (c) Optional Participation.--No State, local, or tribal law +enforcement or other government entity shall be required to +participate in the Homeland Security Information Sharing +Fellows Program. + (d) Procedures for Nomination and Selection.-- + (1) In general.--The Under Secretary for + Intelligence and Analysis shall establish procedures to + provide for the nomination and selection of individuals + to participate in the Homeland Security Information + Sharing Fellows Program. + (2) Limitations.--The Under Secretary for + Intelligence and Analysis shall-- + (A) select law enforcement officers and + intelligence analysts representing a broad + cross-section of State, local, and tribal + agencies; and + (B) ensure that the number of Information + Sharing Fellows selected does not impede the + activities of the Office of Intelligence and + Analysis. + +SEC. 210C. [6 U.S.C. 124J] RURAL POLICING INSTITUTE. + + (a) In General.--The Secretary shall establish a Rural +Policing Institute, which shall be administered by the Federal +Law Enforcement Training Center, to target training to law +enforcement agencies and other emergency response providers +located in rural areas. The Secretary, through the Rural +Policing Institute, shall-- + (1) evaluate the needs of law enforcement agencies + and other emergency response providers in rural areas; + (2) develop expert training programs designed to + address the needs of law enforcement agencies and other + emergency response providers in rural areas as + identified in the evaluation conducted under paragraph + (1), including training programs about intelligence-led + policing and protections for privacy, civil rights, and + civil liberties; + (3) provide the training programs developed under + paragraph (2) to law enforcement agencies and other + emergency response providers in rural areas; and + (4) conduct outreach efforts to ensure that local + and tribal governments in rural areas are aware of the + training programs developed under paragraph (2) so they + can avail themselves of such programs. + (b) Curricula.--The training at the Rural Policing +Institute established under subsection (a) shall-- + (1) be configured in a manner so as not to + duplicate or displace any law enforcement or emergency + response program of the Federal Law Enforcement + Training Center or a local or tribal government entity + in existence on the date of enactment of the + Implementing Recommendations of the 9/11 Commission Act + of 2007; and + (2) to the maximum extent practicable, be delivered + in a cost-effective manner at facilities of the + Department, on closed military installations with + adequate training facilities, or at facilities operated + by the participants. + (c) Definition.--In this section, the term ``rural'' means +an area that is not located in a metropolitan statistical area, +as defined by the Office of Management and Budget. + (d) Authorization of Appropriations.--There are authorized +to be appropriated to carry out this section (including for +contracts, staff, and equipment)-- + (1) $10,000,000 for fiscal year 2008; and + (2) $5,000,000 for each of fiscal years 2009 + through 2013. + +SEC. 210D. [6 U.S.C. 124K] INTERAGENCY THREAT ASSESSMENT AND + COORDINATION GROUP. + + (a) In General.--To improve the sharing of information +within the scope of the information sharing environment +established under section 1016 of the Intelligence Reform and +Terrorism Prevention Act of 2004 (6 U.S.C. 485) with State, +local, tribal, and private sector officials, the Director of +National Intelligence, through the program manager for the +information sharing environment, in coordination with the +Secretary, shall coordinate and oversee the creation of an +Interagency Threat Assessment and Coordination Group (referred +to in this section as the ``ITACG''). + (b) Composition of ITACG.--The ITACG shall consist of-- + (1) an ITACG Advisory Council to set policy and + develop processes for the integration, analysis, and + dissemination of federally-coordinated information + within the scope of the information sharing + environment, including homeland security information, + terrorism information, and weapons of mass destruction + information; and + (2) an ITACG Detail comprised of State, local, and + tribal homeland security and law enforcement officers + and intelligence analysts detailed to work in the + National Counterterrorism Center with Federal + intelligence analysts for the purpose of integrating, + analyzing, and assisting in the dissemination of + federally-coordinated information within the scope of + the information sharing environment, including homeland + security information, terrorism information, and + weapons of mass destruction information, through + appropriate channels identified by the ITACG Advisory + Council. + (c) Responsibilities of Program Manager.--The program +manager, in consultation with the Information Sharing Council, +shall-- + (1) monitor and assess the efficacy of the ITACG; + and + (2) not later than 180 days after the date of the + enactment of the Implementing Recommendations of the 9/ + 11 Commission Act of 2007, and at least annually + thereafter, submit to the Secretary, the Attorney + General, the Director of National Intelligence, the + Committee on Homeland Security and Governmental Affairs + of the Senate and the Committee on Homeland Security of + the House of Representatives a report on the progress + of the ITACG. + (d) Responsibilities of Secretary.--The Secretary, or the +Secretary's designee, in coordination with the Director of the +National Counterterrorism Center and the ITACG Advisory +Council, shall-- + (1) create policies and standards for the creation + of information products derived from information within + the scope of the information sharing environment, + including homeland security information, terrorism + information, and weapons of mass destruction + information, that are suitable for dissemination to + State, local, and tribal governments and the private + sector; + (2) evaluate and develop processes for the timely + dissemination of federally-coordinated information + within the scope of the information sharing + environment, including homeland security information, + terrorism information, and weapons of mass destruction + information, to State, local, and tribal governments + and the private sector; + (3) establish criteria and a methodology for + indicating to State, local, and tribal governments and + the private sector the reliability of information + within the scope of the information sharing + environment, including homeland security information, + terrorism information, and weapons of mass destruction + information, disseminated to them; + (4) educate the intelligence community about the + requirements of the State, local, and tribal homeland + security, law enforcement, and other emergency response + providers regarding information within the scope of the + information sharing environment, including homeland + security information, terrorism information, and + weapons of mass destruction information; + (5) establish and maintain the ITACG Detail, which + shall assign an appropriate number of State, local, and + tribal homeland security and law enforcement officers + and intelligence analysts to work in the National + Counterterrorism Center who shall-- + (A) educate and advise National + Counterterrorism Center intelligence analysts + about the requirements of the State, local, and + tribal homeland security and law enforcement + officers, and other emergency response + providers regarding information within the + scope of the information sharing environment, + including homeland security information, + terrorism information, and weapons of mass + destruction information; + (B) assist National Counterterrorism Center + intelligence analysts in integrating, + analyzing, and otherwise preparing versions of + products derived from information within the + scope of the information sharing environment, + including homeland security information, + terrorism information, and weapons of mass + destruction information that are unclassified + or classified at the lowest possible level and + suitable for dissemination to State, local, and + tribal homeland security and law enforcement + agencies in order to help deter and prevent + terrorist attacks; + (C) implement, in coordination with + National Counterterrorism Center intelligence + analysts, the policies, processes, procedures, + standards, and guidelines developed by the + ITACG Advisory Council; + (D) assist in the dissemination of products + derived from information within the scope of + the information sharing environment, including + homeland security information, terrorism + information, and weapons of mass destruction + information, to State, local, and tribal + jurisdictions only through appropriate channels + identified by the ITACG Advisory Council; and + (E) report directly to the senior + intelligence official from the Department under + paragraph (6); + (6) detail a senior intelligence official from the + Department of Homeland Security to the National + Counterterrorism Center, who shall-- + (A) manage the day-to-day operations of the + ITACG Detail; + (B) report directly to the Director of the + National Counterterrorism Center or the + Director's designee; and + (C) in coordination with the Director of + the Federal Bureau of Investigation, and + subject to the approval of the Director of the + National Counterterrorism Center, select a + deputy from the pool of available detailees + from the Federal Bureau of Investigation in the + National Counterterrorism Center; and + (7) establish, within the ITACG Advisory Council, a + mechanism to select law enforcement officers and + intelligence analysts for placement in the National + Counterterrorism Center consistent with paragraph (5), + using criteria developed by the ITACG Advisory Council + that shall encourage participation from a broadly + representative group of State, local, and tribal + homeland security and law enforcement agencies. + (e) Membership.--The Secretary, or the Secretary's +designee, shall serve as the chair of the ITACG Advisory +Council, which shall include-- + (1) representatives of-- + (A) the Department; + (B) the Federal Bureau of Investigation; + (C) the National Counterterrorism Center; + (D) the Department of Defense; + (E) the Department of Energy; + (F) the Department of State; and + (G) other Federal entities as appropriate; + (2) the program manager of the information sharing + environment, designated under section 1016(f) of the + Intelligence Reform and Terrorism Prevention Act of + 2004 (6 U.S.C. 485(f)), or the program manager's + designee; and + (3) executive level law enforcement and + intelligence officials from State, local, and tribal + governments. + (f) Criteria.--The Secretary, in consultation with the +Director of National Intelligence, the Attorney General, and +the program manager of the information sharing environment +established under section 1016 of the Intelligence Reform and +Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall-- + (1) establish procedures for selecting members of + the ITACG Advisory Council and for the proper handling + and safeguarding of products derived from information + within the scope of the information sharing + environment, including homeland security information, + terrorism information, and weapons of mass destruction + information, by those members; and + (2) ensure that at least 50 percent of the members + of the ITACG Advisory Council are from State, local, + and tribal governments. + (g) Operations.-- + (1) In general.--Beginning not later than 90 days + after the date of enactment of the Implementing + Recommendations of the 9/11 Commission Act of 2007, the + ITACG Advisory Council shall meet regularly, but not + less than quarterly, at the facilities of the National + Counterterrorism Center of the Office of the Director + of National Intelligence. + (2) Management.--Pursuant to section 119(f)(E) of + the National Security Act of 1947 (50 U.S.C. + 404o(f)(E)), the Director of the National + Counterterrorism Center, acting through the senior + intelligence official from the Department of Homeland + Security detailed pursuant to subsection (d)(6), shall + ensure that-- + (A) the products derived from information + within the scope of the information sharing + environment, including homeland security + information, terrorism information, and weapons + of mass destruction information, prepared by + the National Counterterrorism Center and the + ITACG Detail for distribution to State, local, + and tribal homeland security and law + enforcement agencies reflect the requirements + of such agencies and are produced consistently + with the policies, processes, procedures, + standards, and guidelines established by the + ITACG Advisory Council; + (B) in consultation with the ITACG Advisory + Council and consistent with sections + 102A(f)(1)(B)(iii) and 119(f)(E) of the + National Security Act of 1947 (50 U.S.C. 402 et + seq.), all products described in subparagraph + (A) are disseminated through existing channels + of the Department and the Department of Justice + and other appropriate channels to State, local, + and tribal government officials and other + entities; + (C) all detailees under subsection (d)(5) + have appropriate access to all relevant + information within the scope of the information + sharing environment, including homeland + security information, terrorism information, + and weapons of mass destruction information, + available at the National Counterterrorism + Center in order to accomplish the objectives + under that paragraph; + (D) all detailees under subsection (d)(5) + have the appropriate security clearances and + are trained in the procedures for handling, + processing, storing, and disseminating + classified products derived from information + within the scope of the information sharing + environment, including homeland security + information, terrorism information, and weapons + of mass destruction information; and + (E) all detailees under subsection (d)(5) + complete appropriate privacy and civil + liberties training. + (h) Inapplicability of the Federal Advisory Committee +Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall +not apply to the ITACG or any subsidiary groups thereof. + (i) Authorization of Appropriations.--There are authorized +to be appropriated such sums as may be necessary for each of +fiscal years 2008 through 2012 to carry out this section, +including to obtain security clearances for the State, local, +and tribal participants in the ITACG. + +SEC. 210E. [6 U.S.C. 124L] NATIONAL ASSET DATABASE. + + (a) Establishment.-- + (1) National asset database.--The Secretary shall + establish and maintain a national database of each + system or asset that-- + (A) the Secretary, in consultation with + appropriate homeland security officials of the + States, determines to be vital and the loss, + interruption, incapacity, or destruction of + which would have a negative or debilitating + effect on the economic security, public health, + or safety of the United States, any State, or + any local government; or + (B) the Secretary determines is appropriate + for inclusion in the database. + (2) Prioritized critical infrastructure list.--In + accordance with Homeland Security Presidential + Directive-7, as in effect on January 1, 2007, the + Secretary shall establish and maintain a single + classified prioritized list of systems and assets + included in the database under paragraph (1) that the + Secretary determines would, if destroyed or disrupted, + cause national or regional catastrophic effects. + (b) Use of Database.--The Secretary shall use the database +established under subsection (a)(1) in the development and +implementation of Department plans and programs as appropriate. + (c) Maintenance of Database.-- + (1) In general.--The Secretary shall maintain and + annually update the database established under + subsection (a)(1) and the list established under + subsection (a)(2), including-- + (A) establishing data collection guidelines + and providing such guidelines to the + appropriate homeland security official of each + State; + (B) regularly reviewing the guidelines + established under subparagraph (A), including + by consulting with the appropriate homeland + security officials of States, to solicit + feedback about the guidelines, as appropriate; + (C) after providing the homeland security + official of a State with the guidelines under + subparagraph (A), allowing the official a + reasonable amount of time to submit to the + Secretary any data submissions recommended by + the official for inclusion in the database + established under subsection (a)(1); + (D) examining the contents and identifying + any submissions made by such an official that + are described incorrectly or that do not meet + the guidelines established under subparagraph + (A); and + (E) providing to the appropriate homeland + security official of each relevant State a list + of submissions identified under subparagraph + (D) for review and possible correction before + the Secretary finalizes the decision of which + submissions will be included in the database + established under subsection (a)(1). + (2) Organization of information in database.--The + Secretary shall organize the contents of the database + established under subsection (a)(1) and the list + established under subsection (a)(2) as the Secretary + determines is appropriate. Any organizational structure + of such contents shall include the categorization of + the contents-- + (A) according to the sectors listed in + National Infrastructure Protection Plan + developed pursuant to Homeland Security + Presidential Directive-7; and + (B) by the State and county of their + location. + (3) Private sector integration.--The Secretary + shall identify and evaluate methods, including the + Department's Protected Critical Infrastructure + Information Program, to acquire relevant private sector + information for the purpose of using that information + to generate any database or list, including the + database established under subsection (a)(1) and the + list established under subsection (a)(2). + (4) Retention of classification.--The + classification of information required to be provided + to Congress, the Department, or any other department or + agency under this section by a sector-specific agency, + including the assignment of a level of classification + of such information, shall be binding on Congress, the + Department, and that other Federal agency. + (d) Reports.-- + (1) Report required.--Not later than 180 days after + the date of the enactment of the Implementing + Recommendations of the 9/11 Commission Act of 2007, and + annually thereafter, the Secretary shall submit to the + Committee on Homeland Security and Governmental Affairs + of the Senate and the Committee on Homeland Security of + the House of Representatives a report on the database + established under subsection (a)(1) and the list + established under subsection (a)(2). + (2) Contents of report.--Each such report shall + include the following: + (A) The name, location, and sector + classification of each of the systems and + assets on the list established under subsection + (a)(2). + (B) The name, location, and sector + classification of each of the systems and + assets on such list that are determined by the + Secretary to be most at risk to terrorism. + (C) Any significant challenges in compiling + the list of the systems and assets included on + such list or in the database established under + subsection (a)(1). + (D) Any significant changes from the + preceding report in the systems and assets + included on such list or in such database. + (E) If appropriate, the extent to which + such database and such list have been used, + individually or jointly, for allocating funds + by the Federal Government to prevent, reduce, + mitigate, or respond to acts of terrorism. + (F) The amount of coordination between the + Department and the private sector, through any + entity of the Department that meets with + representatives of private sector industries + for purposes of such coordination, for the + purpose of ensuring the accuracy of such + database and such list. + (G) Any other information the Secretary + deems relevant. + (3) Classified information.--The report shall be + submitted in unclassified form but may contain a + classified annex. + (e) Inspector General Study.--By not later than two years +after the date of enactment of the Implementing Recommendations +of the 9/11 Commission Act of 2007, the Inspector General of +the Department shall conduct a study of the implementation of +this section. + (f) National Infrastructure Protection Consortium.--The +Secretary may establish a consortium to be known as the +``National Infrastructure Protection Consortium''. The +Consortium may advise the Secretary on the best way to +identify, generate, organize, and maintain any database or list +of systems and assets established by the Secretary, including +the database established under subsection (a)(1) and the list +established under subsection (a)(2). If the Secretary +establishes the National Infrastructure Protection Consortium, +the Consortium may-- + (1) be composed of national laboratories, Federal + agencies, State and local homeland security + organizations, academic institutions, or national + Centers of Excellence that have demonstrated experience + working with and identifying critical infrastructure + and key resources; and + (2) provide input to the Secretary on any request + pertaining to the contents of such database or such + list. + + Subtitle B--Critical Infrastructure Information + +SEC. 211. [6 U.S.C. 101 NOTE] SHORT TITLE. + + This subtitle may be cited as the ``Critical Infrastructure +Information Act of 2002''. + +SEC. 212. [6 U.S.C. 131] DEFINITIONS. + + In this subtitle: + (1) Agency.--The term ``agency'' has the meaning + given it in section 551 of title 5, United States Code. + (2) Covered federal agency.--The term ``covered + Federal agency'' means the Department of Homeland + Security. + (3) Critical infrastructure information.--The term + ``critical infrastructure information'' means + information not customarily in the public domain and + related to the security of critical infrastructure or + protected systems-- + (A) actual, potential, or threatened + interference with, attack on, compromise of, or + incapacitation of critical infrastructure or + protected systems by either physical or + computer-based attack or other similar conduct + (including the misuse of or unauthorized access + to all types of communications and data + transmission systems) that violates Federal, + State, or local law, harms interstate commerce + of the United States, or threatens public + health or safety; + (B) the ability of any critical + infrastructure or protected system to resist + such interference, compromise, or + incapacitation, including any planned or past + assessment, projection, or estimate of the + vulnerability of critical infrastructure or a + protected system, including security testing, + risk evaluation thereto, risk management + planning, or risk audit; or + (C) any planned or past operational problem + or solution regarding critical infrastructure + or protected systems, including repair, + recovery, reconstruction, insurance, or + continuity, to the extent it is related to such + interference, compromise, or incapacitation. + (4) Critical infrastructure protection program.-- + The term ``critical infrastructure protection program'' + means any component or bureau of a covered Federal + agency that has been designated by the President or any + agency head to receive critical infrastructure + information. + (5) Information sharing and analysis + organization.--The term ``Information Sharing and + Analysis Organization'' means any formal or informal + entity or collaboration created or employed by public + or private sector organizations, for purposes of-- + (A) gathering and analyzing critical + infrastructure information in order to better + understand security problems and + interdependencies related to critical + infrastructure and protected systems, so as to + ensure the availability, integrity, and + reliability thereof; + (B) communicating or disclosing critical + infrastructure information to help prevent, + detect, mitigate, or recover from the effects + of a interference, compromise, or a + incapacitation problem related to critical + infrastructure or protected systems; and + (C) voluntarily disseminating critical + infrastructure information to its members, + State, local, and Federal Governments, or any + other entities that may be of assistance in + carrying out the purposes specified in + subparagraphs (A) and (B). + (6) Protected system.--The term ``protected + system''-- + (A) means any service, physical or + computer-based system, process, or procedure + that directly or indirectly affects the + viability of a facility of critical + infrastructure; and + (B) includes any physical or computer-based + system, including a computer, computer system, + computer or communications network, or any + component hardware or element thereof, software + program, processing instructions, or + information or data in transmission or storage + therein, irrespective of the medium of + transmission or storage. + (7) Voluntary.-- + (A) In general.--The term ``voluntary'', in + the case of any submittal of critical + infrastructure information to a covered Federal + agency, means the submittal thereof in the + absence of such agency's exercise of legal + authority to compel access to or submission of + such information and may be accomplished by a + single entity or an Information Sharing and + Analysis Organization on behalf of itself or + its members. + (B) Exclusions.--The term ``voluntary''-- + (i) in the case of any action + brought under the securities laws as is + defined in section 3(a)(47) of the + Securities Exchange Act of 1934 (15 + U.S.C. 78c(a)(47))-- + (I) does not include + information or statements + contained in any documents or + materials filed with the + Securities and Exchange + Commission, or with Federal + banking regulators, pursuant to + section 12(i) of the Securities + Exchange Act of 1934 (15 U.S.C. + 781(I)); and + (II) with respect to the + submittal of critical + infrastructure information, + does not include any disclosure + or writing that when made + accompanied the solicitation of + an offer or a sale of + securities; and + (ii) does not include information + or statements submitted or relied upon + as a basis for making licensing or + permitting determinations, or during + regulatory proceedings. + +SEC. 213. [6 U.S.C. 132] DESIGNATION OF CRITICAL INFRASTRUCTURE + PROTECTION PROGRAM. + + A critical infrastructure protection program may be +designated as such by one of the following: + (1) The President. + (2) The Secretary of Homeland Security. + +SEC. 214. [6 U.S.C. 123] PROTECTION OF VOLUNTARILY SHARED CRITICAL + INFRASTRUCTURE INFORMATION. + + (a) Protection.-- + (1) In general.--Notwithstanding any other + provision of law, critical infrastructure information + (including the identity of the submitting person or + entity) that is voluntarily submitted to a covered + Federal agency for use by that agency regarding the + security of critical infrastructure and protected + systems, analysis, warning, interdependency study, + recovery, reconstitution, or other informational + purpose, when accompanied by an express statement + specified in paragraph (2)-- + (A) shall be exempt from disclosure under + section 552 of title 5, United States Code + (commonly referred to as the Freedom of + Information Act); + (B) shall not be subject to any agency + rules or judicial doctrine regarding ex parte + communications with a decision making official; + (C) shall not, without the written consent + of the person or entity submitting such + information, be used directly by such agency, + any other Federal, State, or local authority, + or any third party, in any civil action arising + under Federal or State law if such information + is submitted in good faith; + (D) shall not, without the written consent + of the person or entity submitting such + information, be used or disclosed by any + officer or employee of the United States for + purposes other than the purposes of this + subtitle, except-- + (i) in furtherance of an + investigation or the prosecution of a + criminal act; or + (ii) when disclosure of the + information would be-- + (I) to either House of + Congress, or to the extent of + matter within its jurisdiction, + any committee or subcommittee + thereof, any joint committee + thereof or subcommittee of any + such joint committee; or + (II) to the Comptroller + General, or any authorized + representative of the + Comptroller General, in the + course of the performance of + the duties of the General + Accounting Office. + (E) shall not, if provided to a State or + local government or government agency-- + (i) be made available pursuant to + any State or local law requiring + disclosure of information or records; + (ii) otherwise be disclosed or + distributed to any party by said State + or local government or government + agency without the written consent of + the person or entity submitting such + information; or + (iii) be used other than for the + purpose of protecting critical + infrastructure or protected systems, or + in furtherance of an investigation or + the prosecution of a criminal act; and + (F) does not constitute a waiver of any + applicable privilege or protection provided + under law, such as trade secret protection. + (2) Express statement.--For purposes of paragraph + (1), the term ``express statement'', with respect to + information or records, means-- + (A) in the case of written information or + records, a written marking on the information + or records substantially similar to the + following: ``This information is voluntarily + submitted to the Federal Government in + expectation of protection from disclosure as + provided by the provisions of the Critical + Infrastructure Information Act of 2002.''; or + (B) in the case of oral information, a + similar written statement submitted within a + reasonable period following the oral + communication. + (b) Limitation.--No communication of critical +infrastructure information to a covered Federal agency made +pursuant to this subtitle shall be considered to be an action +subject to the requirements of the Federal Advisory Committee +Act (5 U.S.C. App. 2). + (c) Independently Obtained Information.--Nothing in this +section shall be construed to limit or otherwise affect the +ability of a State, local, or Federal Government entity, +agency, or authority, or any third party, under applicable law, +to obtain critical infrastructure information in a manner not +covered by subsection (a), including any information lawfully +and properly disclosed generally or broadly to the public and +to use such information in any manner permitted by law. + (d) Treatment of Voluntary Submittal of Information.--The +voluntary submittal to the Government of information or records +that are protected from disclosure by this subtitle shall not +be construed to constitute compliance with any requirement to +submit such information to a Federal agency under any other +provision of law. + (e) Procedures.-- + (1) In general.--The Secretary of the Department of + Homeland Security shall, in consultation with + appropriate representatives of the National Security + Council and the Office of Science and Technology + Policy, establish uniform procedures for the receipt, + care, and storage by Federal agencies of critical + infrastructure information that is voluntarily + submitted to the Government. The procedures shall be + established not later than 90 days after the date of + the enactment of this subtitle. + (2) Elements.--The procedures established under + paragraph (1) shall include mechanisms regarding-- + (A) the acknowledgement of receipt by + Federal agencies of critical infrastructure + information that is voluntarily submitted to + the Government; + (B) the maintenance of the identification + of such information as voluntarily submitted to + the Government for purposes of and subject to + the provisions of this subtitle; + (C) the care and storage of such + information; and + (D) the protection and maintenance of the + confidentiality of such information so as to + permit the sharing of such information within + the Federal Government and with State and local + governments, and the issuance of notices and + warnings related to the protection of critical + infrastructure and protected systems, in such + manner as to protect from public disclosure the + identity of the submitting person or entity, or + information that is proprietary, business + sensitive, relates specifically to the + submitting person or entity, and is otherwise + not appropriately in the public domain. + (f) Penalties.--Whoever, being an officer or employee of +the United States or of any department or agency thereof, +knowingly publishes, divulges, discloses, or makes known in any +manner or to any extent not authorized by law, any critical +infrastructure information protected from disclosure by this +subtitle coming to him in the course of this employment or +official duties or by reason of any examination or +investigation made by, or return, report, or record made to or +filed with, such department or agency or officer or employee +thereof, shall be fined under title 18 of the United States +Code, imprisoned not more than 1 year, or both, and shall be +removed from office or employment. + (g) Authority To Issue Warnings.--The Federal Government +may provide advisories, alerts, and warnings to relevant +companies, targeted sectors, other governmental entities, or +the general public regarding potential threats to critical +infrastructure as appropriate. In issuing a warning, the +Federal Government shall take appropriate actions to protect +from disclosure-- + (1) the source of any voluntarily submitted + critical infrastructure information that forms the + basis for the warning; or + (2) information that is proprietary, business + sensitive, relates specifically to the submitting + person or entity, or is otherwise not appropriately in + the public domain. + (h) Authority To Delegate.--The President may delegate +authority to a critical infrastructure protection program, +designated under section 213, to enter into a voluntary +agreement to promote critical infrastructure security, +including with any Information Sharing and Analysis +Organization, or a plan of action as otherwise defined in +section 708 of the Defense Production Act of 1950 (50 U.S.C. +App. 2158). + +SEC. 215. [6 U.S.C. 134] NO PRIVATE RIGHT OF ACTION. + + Nothing in this subtitle may be construed to create a +private right of action for enforcement of any provision of +this Act. + + Subtitle C--Information Security + +SEC. 221. [6 U.S.C. 141] PROCEDURES FOR SHARING INFORMATION. + + The Secretary shall establish procedures on the use of +information shared under this title that-- + (1) limit the redissemination of such information + to ensure that it is not used for an unauthorized + purpose; + (2) ensure the security and confidentiality of such + information; + (3) protect the constitutional and statutory rights + of any individuals who are subjects of such + information; and + (4) provide data integrity through the timely + removal and destruction of obsolete or erroneous names + and information. + +SEC. 222. [6 U.S.C. 142] PRIVACY OFFICER. + + (a) Appointment and Responsibilities.--The Secretary shall +appoint a senior official in the Department, who shall report +directly to the Secretary, to assume primary responsibility for +privacy policy, including-- + (1) assuring that the use of technologies sustain, + and do not erode, privacy protections relating to the + use, collection, and disclosure of personal + information; + (2) assuring that personal information contained in + Privacy Act systems of records is handled in full + compliance with fair information practices as set out + in the Privacy Act of 1974; + (3) evaluating legislative and regulatory proposals + involving collection, use, and disclosure of personal + information by the Federal Government; + (4) conducting a privacy impact assessment of + proposed rules of the Department or that of the + Department on the privacy of personal information, + including the type of personal information collected + and the number of people affected; + (5) coordinating with the Officer for Civil Rights + and Civil Liberties to ensure that-- + (A) programs, policies, and procedures + involving civil rights, civil liberties, and + privacy considerations are addressed in an + integrated and comprehensive manner; and + (B) Congress receives appropriate reports + on such programs, policies, and procedures; and + (6) preparing a report to Congress on an annual + basis on activities of the Department that affect + privacy, including complaints of privacy violations, + implementation of the Privacy Act of 1974, internal + controls, and other matters. + (b) Authority To Investigate.-- + (1) In general.--The senior official appointed + under subsection (a) may-- + (A) have access to all records, reports, + audits, reviews, documents, papers, + recommendations, and other materials available + to the Department that relate to programs and + operations with respect to the responsibilities + of the senior official under this section; + (B) make such investigations and reports + relating to the administration of the programs + and operations of the Department as are, in the + senior official's judgment, necessary or + desirable; + (C) subject to the approval of the + Secretary, require by subpoena the production, + by any person other than a Federal agency, of + all information, documents, reports, answers, + records, accounts, papers, and other data and + documentary evidence necessary to performance + of the responsibilities of the senior official + under this section; and + (D) administer to or take from any person + an oath, affirmation, or affidavit, whenever + necessary to performance of the + responsibilities of the senior official under + this section. + (2) Enforcement of subpoenas.--Any subpoena issued + under paragraph (1)(C) shall, in the case of contumacy + or refusal to obey, be enforceable by order of any + appropriate United States district court. + (3) Effect of oaths.--Any oath, affirmation, or + affidavit administered or taken under paragraph (1)(D) + by or before an employee of the Privacy Office + designated for that purpose by the senior official + appointed under subsection (a) shall have the same + force and effect as if administered or taken by or + before an officer having a seal of office. + (c) Supervision and Coordination.-- + (1) In general.--The senior official appointed + under subsection (a) shall-- + (A) report to, and be under the general + supervision of, the Secretary; and + (B) coordinate activities with the + Inspector General of the Department in order to + avoid duplication of effort. + (2) Coordination with the inspector general.-- + (A) In general.--Except as provided in + subparagraph (B), the senior official appointed + under subsection (a) may investigate any matter + relating to possible violations or abuse + concerning the administration of any program or + operation of the Department relevant to the + purposes under this section. + (B) Coordination.-- + (i) Referral.--Before initiating + any investigation described under + subparagraph (A), the senior official + shall refer the matter and all related + complaints, allegations, and + information to the Inspector General of + the Department. + (ii) Determinations and + notifications by the inspector + general.-- + (I) In general.--Not later + than 30 days after the receipt + of a matter referred under + clause (i), the Inspector + General shall-- + (aa) make a + determination regarding + whether the Inspector + General intends to + initiate an audit or + investigation of the + matter referred under + clause (i); and + (bb) notify the + senior official of that + determination. + (II) Investigation not + initiated.--If the Inspector + General notifies the senior + official under subclause + (I)(bb) that the Inspector + General intended to initiate an + audit or investigation, but + does not initiate that audit or + investigation within 90 days + after providing that + notification, the Inspector + General shall further notify + the senior official that an + audit or investigation was not + initiated. The further + notification under this + subclause shall be made not + later than 3 days after the end + of that 90-day period. + (iii) Investigation by senior + official.--The senior official may + investigate a matter referred under + clause (i) if-- + (I) the Inspector General + notifies the senior official + under clause (ii)(I)(bb) that + the Inspector General does not + intend to initiate an audit or + investigation relating to that + matter; or + (II) the Inspector General + provides a further notification + under clause (ii)(II) relating + to that matter. + (iv) Privacy training.--Any + employee of the Office of Inspector + General who audits or investigates any + matter referred under clause (i) shall + be required to receive adequate + training on privacy laws, rules, and + regulations, to be provided by an + entity approved by the Inspector + General in consultation with the senior + official appointed under subsection + (a). + (d) Notification to Congress on Removal.--If the Secretary +removes the senior official appointed under subsection (a) or +transfers that senior official to another position or location +within the Department, the Secretary shall-- + (1) promptly submit a written notification of the + removal or transfer to Houses of Congress; and + (2) include in any such notification the reasons + for the removal or transfer. + (e) Reports by Senior Official to Congress.--The senior +official appointed under subsection (a) shall-- + (1) submit reports directly to the Congress + regarding performance of the responsibilities of the + senior official under this section, without any prior + comment or amendment by the Secretary, Deputy + Secretary, or any other officer or employee of the + Department or the Office of Management and Budget; and + (2) inform the Committee on Homeland Security and + Governmental Affairs of the Senate and the Committee on + Homeland Security of the House of Representatives not + later than-- + (A) 30 days after the Secretary disapproves + the senior official's request for a subpoena + under subsection (b)(1)(C) or the Secretary + substantively modifies the requested subpoena; + or + (B) 45 days after the senior official's + request for a subpoena under subsection + (b)(1)(C), if that subpoena has not either been + approved or disapproved by the Secretary. + +SEC. 223. [6 U.S.C. 143] ENHANCEMENT OF NON-FEDERAL CYBERSECURITY. + + In carrying out the responsibilities under section 201, the +Under Secretary for Intelligence and Analysis, in cooperation +with the Assistant Secretary for Infrastructure Protection +shall-- + (1) as appropriate, provide to State and local + government entities, and upon request to private + entities that own or operate critical information + systems-- + (A) analysis and warnings related to + threats to, and vulnerabilities of, critical + information systems; and + (B) in coordination with the Under + Secretary for Emergency Preparedness and + Response, crisis management support in response + to threats to, or attacks on, critical + information systems; and + (2) as appropriate, provide technical assistance, + upon request, to the private sector and other + government entities, in coordination with the Under + Secretary for Emergency Preparedness and Response, with + respect to emergency recovery plans to respond to major + failures of critical information systems. + +SEC. 224. [6 U.S.C. 144] NET GUARD. + + The Assistant Secretary for Infrastructure Protection may +establish a national technology guard, to be known as ``NET +Guard'', comprised of local teams of volunteers with expertise +in relevant areas of science and technology, to assist local +communities to respond and recover from attacks on information +systems and communications networks. + +SEC. 225. [6 U.S.C. 145] CYBER SECURITY ENHANCEMENT ACT OF 2002. + + (a) Short Title.--This section may be cited as the ``Cyber +Security Enhancement Act of 2002''. + (b) Amendment of Sentencing Guidelines Relating to Certain +Computer Crimes.-- + (1) Directive to the united states sentencing + commission.--Pursuant to its authority under section + 994(p) of title 28, United States Code, and in + accordance with this subsection, the United States + Sentencing Commission shall review and, if appropriate, + amend its guidelines and its policy statements + applicable to persons convicted of an offense under + section 1030 of title 18, United States Code. + (2) Requirements.--In carrying out this subsection, + the Sentencing Commission shall-- + (A) ensure that the sentencing guidelines + and policy statements reflect the serious + nature of the offenses described in paragraph + (1), the growing incidence of such offenses, + and the need for an effective deterrent and + appropriate punishment to prevent such + offenses; + (B) consider the following factors and the + extent to which the guidelines may or may not + account for them-- + (i) the potential and actual loss + resulting from the offense; + (ii) the level of sophistication + and planning involved in the offense; + (iii) whether the offense was + committed for purposes of commercial + advantage or private financial benefit; + (iv) whether the defendant acted + with malicious intent to cause harm in + committing the offense; + (v) the extent to which the offense + violated the privacy rights of + individuals harmed; + (vi) whether the offense involved a + computer used by the government in + furtherance of national defense, + national security, or the + administration of justice; + (vii) whether the violation was + intended to or had the effect of + significantly interfering with or + disrupting a critical infrastructure; + and + (viii) whether the violation was + intended to or had the effect of + creating a threat to public health or + safety, or injury to any person; + (C) assure reasonable consistency with + other relevant directives and with other + sentencing guidelines; + (D) account for any additional aggravating + or mitigating circumstances that might justify + exceptions to the generally applicable + sentencing ranges; + (E) make any necessary conforming changes + to the sentencing guidelines; and + (F) assure that the guidelines adequately + meet the purposes of sentencing as set forth in + section 3553(a)(2) of title 18, United States + Code. + (c) Study and Report on Computer Crimes.--Not later than +May 1, 2003, the United States Sentencing Commission shall +submit a brief report to Congress that explains any actions +taken by the Sentencing Commission in response to this section +and includes any recommendations the Commission may have +regarding statutory penalties for offenses under section 1030 +of title 18, United States Code. + (d) Emergency Disclosure Exception.-- + (1) * * * + + * * * * * * * + + (2) Reporting of disclosures.--A government entity + that receives a disclosure under section 2702(b) of + title 18, United States Code, shall file, not later + than 90 days after such disclosure, a report to the + Attorney General stating the paragraph of that section + under which the disclosure was made, the date of the + disclosure, the entity to which the disclosure was + made, the number of customers or subscribers to whom + the information disclosed pertained, and the number of + communications, if any, that were disclosed. The + Attorney General shall publish all such reports into a + single report to be submitted to Congress 1 year after + the date of enactment of this Act. + + * * * * * * * + + + Subtitle D--Office of Science and Technology + +SEC. 231. [6 U.S.C. 161] ESTABLISHMENT OF OFFICE; DIRECTOR. + + (a) Establishment.-- + (1) In general.--There is hereby established within + the Department of Justice an Office of Science and + Technology (hereinafter in this title referred to as + the ``Office''). + (2) Authority.--The Office shall be under the + general authority of the Assistant Attorney General, + Office of Justice Programs, and shall be established + within the National Institute of Justice. + (b) Director.--The Office shall be headed by a Director, +who shall be an individual appointed based on approval by the +Office of Personnel Management of the executive qualifications +of the individual. + +SEC. 232. [6 U.S.C. 162] MISSION OF OFFICE; DUTIES. + + (a) Mission.--The mission of the Office shall be-- + (1) to serve as the national focal point for work + on law enforcement technology; and + (2) to carry out programs that, through the + provision of equipment, training, and technical + assistance, improve the safety and effectiveness of law + enforcement technology and improve access to such + technology by Federal, State, and local law enforcement + agencies. + (b) Duties.--In carrying out its mission, the Office shall +have the following duties: + (1) To provide recommendations and advice to the + Attorney General. + (2) To establish and maintain advisory groups + (which shall be exempt from the provisions of the + Federal Advisory Committee Act (5 U.S.C. App.)) to + assess the law enforcement technology needs of Federal, + State, and local law enforcement agencies. + (3) To establish and maintain performance standards + in accordance with the National Technology Transfer and + Advancement Act of 1995 (Public Law 104-113) for, and + test and evaluate law enforcement technologies that may + be used by, Federal, State, and local law enforcement + agencies. + (4) To establish and maintain a program to certify, + validate, and mark or otherwise recognize law + enforcement technology products that conform to + standards established and maintained by the Office in + accordance with the National Technology Transfer and + Advancement Act of 1995 (Public Law 104-113). The + program may, at the discretion of the Office, allow for + supplier's declaration of conformity with such + standards. + (5) To work with other entities within the + Department of Justice, other Federal agencies, and the + executive office of the President to establish a + coordinated Federal approach on issues related to law + enforcement technology. + (6) To carry out research, development, testing, + evaluation, and cost-benefit analyses in fields that + would improve the safety, effectiveness, and efficiency + of law enforcement technologies used by Federal, State, + and local law enforcement agencies, including, but not + limited to-- + (A) weapons capable of preventing use by + unauthorized persons, including personalized + guns; + (B) protective apparel; + (C) bullet-resistant and explosion- + resistant glass; + (D) monitoring systems and alarm systems + capable of providing precise location + information; + (E) wire and wireless interoperable + communication technologies; + (F) tools and techniques that facilitate + investigative and forensic work, including + computer forensics; + (G) equipment for particular use in + counterterrorism, including devices and + technologies to disable terrorist devices; + (H) guides to assist State and local law + enforcement agencies; + (I) DNA identification technologies; and + (J) tools and techniques that facilitate + investigations of computer crime. + (7) To administer a program of research, + development, testing, and demonstration to improve the + interoperability of voice and data public safety + communications. + (8) To serve on the Technical Support Working Group + of the Department of Defense, and on other relevant + interagency panels, as requested. + (9) To develop, and disseminate to State and local + law enforcement agencies, technical assistance and + training materials for law enforcement personnel, + including prosecutors. + (10) To operate the regional National Law + Enforcement and Corrections Technology Centers and, to + the extent necessary, establish additional centers + through a competitive process. + (11) To administer a program of acquisition, + research, development, and dissemination of advanced + investigative analysis and forensic tools to assist + State and local law enforcement agencies in combating + cybercrime. + (12) To support research fellowships in support of + its mission. + (13) To serve as a clearinghouse for information on + law enforcement technologies. + (14) To represent the United States and State and + local law enforcement agencies, as requested, in + international activities concerning law enforcement + technology. + (15) To enter into contracts and cooperative + agreements and provide grants, which may require in- + kind or cash matches from the recipient, as necessary + to carry out its mission. + (16) To carry out other duties assigned by the + Attorney General to accomplish the mission of the + Office. + (c) Competition Required.--Except as otherwise expressly +provided by law, all research and development carried out by or +through the Office shall be carried out on a competitive basis. + (d) Information From Federal Agencies.--Federal agencies +shall, upon request from the Office and in accordance with +Federal law, provide the Office with any data, reports, or +other information requested, unless compliance with such +request is otherwise prohibited by law. + (e) Publications.--Decisions concerning publications issued +by the Office shall rest solely with the Director of the +Office. + (f) Transfer of Funds.--The Office may transfer funds to +other Federal agencies or provide funding to non-Federal +entities through grants, cooperative agreements, or contracts +to carry out its duties under this section: Provided, That any +such transfer or provision of funding shall be carried out in +accordance with section 605 of Public Law 107-77. + (g) Annual Report.--The Director of the Office shall +include with the budget justification materials submitted to +Congress in support of the Department of Justice budget for +each fiscal year (as submitted with the budget of the President +under section 1105(a) of title 31, United States Code) a report +on the activities of the Office. Each such report shall include +the following: + (1) For the period of 5 fiscal years beginning with + the fiscal year for which the budget is submitted-- + (A) the Director's assessment of the needs + of Federal, State, and local law enforcement + agencies for assistance with respect to law + enforcement technology and other matters + consistent with the mission of the Office; and + (B) a strategic plan for meeting such needs + of such law enforcement agencies. + (2) For the fiscal year preceding the fiscal year + for which such budget is submitted, a description of + the activities carried out by the Office and an + evaluation of the extent to which those activities + successfully meet the needs assessed under paragraph + (1)(A) in previous reports. + +SEC. 233. [6 U.S.C. 163] DEFINITION OF LAW ENFORCEMENT TECHNOLOGY. + + For the purposes of this title, the term ``law enforcement +technology'' includes investigative and forensic technologies, +corrections technologies, and technologies that support the +judicial process. + +SEC. 234. [6 U.S.C. 164] ABOLISHMENT OF OFFICE OF SCIENCE AND + TECHNOLOGY OF NATIONAL INSTITUTE OF JUSTICE; + TRANSFER OF FUNCTIONS. + + (a) Authority To Transfer Functions.--The Attorney General +may transfer to the Office any other program or activity of the +Department of Justice that the Attorney General, in +consultation with the Committee on the Judiciary of the Senate +and the Committee on the Judiciary of the House of +Representatives, determines to be consistent with the mission +of the Office. + (b) Transfer of Personnel and Assets.--With respect to any +function, power, or duty, or any program or activity, that is +established in the Office, those employees and assets of the +element of the Department of Justice from which the transfer is +made that the Attorney General determines are needed to perform +that function, power, or duty, or for that program or activity, +as the case may be, shall be transferred to the Office: +Provided, That any such transfer shall be carried out in +accordance with section 605 of Public Law 107-77. + (c) Report on Implementation.--Not later than 1 year after +the date of the enactment of this Act, the Attorney General +shall submit to the Committee on the Judiciary of the Senate +and the Committee on the Judiciary of the House of +Representatives a report on the implementation of this title. +The report shall-- + (1) provide an accounting of the amounts and + sources of funding available to the Office to carry out + its mission under existing authorizations and + appropriations, and set forth the future funding needs + of the Office; and + (2) include such other information and + recommendations as the Attorney General considers + appropriate. + +SEC. 235. [6 U.S.C. 165] NATIONAL LAW ENFORCEMENT AND CORRECTIONS + TECHNOLOGY CENTERS. + + (a) In General.--The Director of the Office shall operate +and support National Law Enforcement and Corrections Technology +Centers (hereinafter in this section referred to as +``Centers'') and, to the extent necessary, establish new +centers through a merit-based, competitive process. + (b) Purpose of Centers.--The purpose of the Centers shall +be to-- + (1) support research and development of law + enforcement technology; + (2) support the transfer and implementation of + technology; + (3) assist in the development and dissemination of + guidelines and technological standards; and + (4) provide technology assistance, information, and + support for law enforcement, corrections, and criminal + justice purposes. + (c) Annual Meeting.--Each year, the Director shall convene +a meeting of the Centers in order to foster collaboration and +communication between Center participants. + (d) Report.--Not later than 12 months after the date of the +enactment of this Act, the Director shall transmit to the +Congress a report assessing the effectiveness of the existing +system of Centers and identify the number of Centers necessary +to meet the technology needs of Federal, State, and local law +enforcement in the United States. + + * * * * * * * + + + TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY + +SEC. 301. [6 U.S.C. 181] UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY. + + There shall be in the Department a Directorate of Science +and Technology headed by an Under Secretary for Science and +Technology. + +SEC. 302. [6 U.S.C. 182] RESPONSIBILITIES AND AUTHORITIES OF THE UNDER + SECRETARY FOR SCIENCE AND TECHNOLOGY. + + The Secretary, acting through the Under Secretary for +Science and Technology, shall have the responsibility for-- + (1) advising the Secretary regarding research and + development efforts and priorities in support of the + Department's missions; + (2) developing, in consultation with other + appropriate executive agencies, a national policy and + strategic plan for, identifying priorities, goals, + objectives and policies for, and coordinating the + Federal Government's civilian efforts to identify and + develop countermeasures to chemical, biological,, \1\ + and other emerging terrorist threats, including the + development of comprehensive, research-based definable + goals for such efforts and development of annual + measurable objectives and specific targets to + accomplish and evaluate the goals for such efforts; +--------------------------------------------------------------------------- + \1\ Two commas so in law. See section 501(b)(2)(A) of Public Law +109-347 (120 Stat. 1935). +--------------------------------------------------------------------------- + (3) supporting the Under Secretary for Intelligence + and Analysis and the Assistant Secretary for + Infrastructure Protection, by assessing and testing + homeland security vulnerabilities and possible threats; + (4) conducting basic and applied research, + development, demonstration, testing, and evaluation + activities that are relevant to any or all elements of + the Department, through both intramural and extramural + programs, except that such responsibility does not + extend to human health-related research and development + activities; + (5) establishing priorities for, directing, + funding, and conducting national research, development, + test and evaluation, and procurement of technology and + systems for-- + (A) preventing the importation of chemical, + biological,, \1\ and related weapons and + material; and +--------------------------------------------------------------------------- + \1\ Two commas so in law. See section 501(b)(2)(B) of Public Law +109-347 (120 Stat. 1935). +--------------------------------------------------------------------------- + (B) detecting, preventing, protecting + against, and responding to terrorist attacks; + (6) establishing a system for transferring homeland + security developments or technologies to Federal, + State, local government, and private sector entities; + (7) entering into work agreements, joint + sponsorships, contracts, or any other agreements with + the Department of Energy regarding the use of the + national laboratories or sites and support of the + science and technology base at those facilities; + (8) collaborating with the Secretary of Agriculture + and the Attorney General as provided in section 212 of + the Agricultural Bioterrorism Protection Act of 2002 (7 + U.S.C. 8401), as amended by section 1709(b); + (9) collaborating with the Secretary of Health and + Human Services and the Attorney General in determining + any new biological agents and toxins that shall be + listed as ``select agents'' in Appendix A of part 72 of + title 42, Code of Federal Regulations, pursuant to + section 351A of the Public Health Service Act (42 + U.S.C. 262a); + (10) supporting United States leadership in science + and technology; + (11) establishing and administering the primary + research and development activities of the Department, + including the long-term research and development needs + and capabilities for all elements of the Department; + (12) coordinating and integrating all research, + development, demonstration, testing, and evaluation + activities of the Department; + (13) coordinating with other appropriate executive + agencies in developing and carrying out the science and + technology agenda of the Department to reduce + duplication and identify unmet needs; and + (14) developing and overseeing the administration + of guidelines for merit review of research and + development projects throughout the Department, and for + the dissemination of research conducted or sponsored by + the Department. + +SEC. 303. [6 U.S.C. 183] FUNCTIONS TRANSFERRED. + + In accordance with title XV, there shall be transferred to +the Secretary the functions, personnel, assets, and liabilities +of the following entities: + (1) The following programs and activities of the + Department of Energy, including the functions of the + Secretary of Energy relating thereto (but not including + programs and activities relating to the strategic + nuclear defense posture of the United States): + (A) The chemical and biological national + security and supporting programs and activities + of the nonproliferation and verification + research and development program. + (B) The nuclear smuggling programs and + activities within the proliferation detection + program of the nonproliferation and + verification research and development program. + The programs and activities described in this + subparagraph may be designated by the President + either for transfer to the Department or for + joint operation by the Secretary and the + Secretary of Energy. + (C) The nuclear assessment program and + activities of the assessment, detection, and + cooperation program of the international + materials protection and cooperation program. + (D) Such life sciences activities of the + biological and environmental research program + related to microbial pathogens as may be + designated by the President for transfer to the + Department. + (E) The Environmental Measurements + Laboratory. + (F) The advanced scientific computing + research program and activities at Lawrence + Livermore National Laboratory. + (2) The National Bio-Weapons Defense Analysis + Center of the Department of Defense, including the + functions of the Secretary of Defense related thereto. + +SEC. 304. [6 U.S.C. 184] CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED + ACTIVITIES. + + (a) In General.--With respect to civilian human health- +related research and development activities relating to +countermeasures for chemical, biological, radiological, and +nuclear and other emerging terrorist threats carried out by the +Department of Health and Human Services (including the Public +Health Service), the Secretary of Health and Human Services +shall set priorities, goals, objectives, and policies and +develop a coordinated strategy for such activities in +collaboration with the Secretary of Homeland Security to ensure +consistency with the national policy and strategic plan +developed pursuant to section 302(2). + (b) Evaluation of Progress.--In carrying out subsection +(a), the Secretary of Health and Human Services shall +collaborate with the Secretary in developing specific +benchmarks and outcome measurements for evaluating progress +toward achieving the priorities and goals described in such +subsection. + + * * * * * * * + + +SEC. 305. [6 U.S.C. 185] FEDERALLY FUNDED RESEARCH AND DEVELOPMENT + CENTERS. + + The Secretary, acting through the Under Secretary for +Science and Technology, shall have the authority to establish +or contract with 1 or more federally funded research and +development centers to provide independent analysis of homeland +security issues, or to carry out other responsibilities under +this Act, including coordinating and integrating both the +extramural and intramural programs described in section 308. + +SEC. 306. [6 U.S.C. 186] MISCELLANEOUS PROVISIONS. + + (a) Classification.--To the greatest extent practicable, +research conducted or supported by the Department shall be +unclassified. + (b) Construction.--Nothing in this title shall be construed +to preclude any Under Secretary of the Department from carrying +out research, development, demonstration, or deployment +activities, as long as such activities are coordinated through +the Under Secretary for Science and Technology. + (c) Regulations.--The Secretary, acting through the Under +Secretary for Science and Technology, may issue necessary +regulations with respect to research, development, +demonstration, testing, and evaluation activities of the +Department, including the conducting, funding, and reviewing of +such activities. + (d) Notification of Presidential Life Sciences +Designations.--Not later than 60 days before effecting any +transfer of Department of Energy life sciences activities +pursuant to section 303(1)(D) of this Act, the President shall +notify the appropriate congressional committees of the proposed +transfer and shall include the reasons for the transfer and a +description of the effect of the transfer on the activities of +the Department of Energy. + +SEC. 307. [6 U.S.C. 187] HOMELAND SECURITY ADVANCED RESEARCH PROJECTS + AGENCY. + + (a) Definitions.--In this section: + (1) Fund.--The term ``Fund'' means the Acceleration + Fund for Research and Development of Homeland Security + Technologies established in subsection (c). + (2) Homeland security research.--The term + ``homeland security research'' means research relevant + to the detection of, prevention of, protection against, + response to, attribution of, and recovery from homeland + security threats, particularly acts of terrorism. + (3) HSARPA.--The term ``HSARPA'' means the Homeland + Security Advanced Research Projects Agency established + in subsection (b). + (4) Under secretary.--The term ``Under Secretary'' + means the Under Secretary for Science and Technology. + (b) Homeland Security Advanced Research Projects Agency.-- + (1) Establishment.--There is established the + Homeland Security Advanced Research Projects Agency. + (2) Director.--HSARPA shall be headed by a + Director, who shall be appointed by the Secretary. The + Director shall report to the Under Secretary. + (3) Responsibilities.--The Director shall + administer the Fund to award competitive, merit- + reviewed grants, cooperative agreements or contracts to + public or private entities, including businesses, + federally funded research and development centers, and + universities. The Director shall administer the Fund + to-- + (A) support basic and applied homeland + security research to promote revolutionary + changes in technologies that would promote + homeland security; + (B) advance the development, testing and + evaluation, and deployment of critical homeland + security technologies; and + (C) accelerate the prototyping and + deployment of technologies that would address + homeland security vulnerabilities. + (4) Targeted competitions.--The Director may + solicit proposals to address specific vulnerabilities + identified by the Director. + (5) Coordination.--The Director shall ensure that + the activities of HSARPA are coordinated with those of + other relevant research agencies, and may run projects + jointly with other agencies. + (6) Personnel.--In hiring personnel for HSARPA, the + Secretary shall have the hiring and management + authorities described in section 1101 of the Strom + Thurmond National Defense Authorization Act for Fiscal + Year 1999 (5 U.S.C. 3104 note; Public Law 105-261). The + term of appointments for employees under subsection + (c)(1) of that section may not exceed 5 years before + the granting of any extension under subsection (c)(2) + of that section. + (7) Demonstrations.--The Director, periodically, + shall hold homeland security technology demonstrations + to improve contact among technology developers, vendors + and acquisition personnel. + (c) Fund.-- + (1) Establishment.--There is established the + Acceleration Fund for Research and Development of + Homeland Security Technologies, which shall be + administered by the Director of HSARPA. + (2) Authorization of appropriations.--There are + authorized to be appropriated $500,000,000 to the Fund + for fiscal year 2003 and such sums as may be necessary + thereafter. + (3) Coast guard.--Of the funds authorized to be + appropriated under paragraph (2), not less than 10 + percent of such funds for each fiscal year through + fiscal year 2005 shall be authorized only for the Under + Secretary, through joint agreement with the Commandant + of the Coast Guard, to carry out research and + development of improved ports, waterways and coastal + security surveillance and perimeter protection + capabilities for the purpose of minimizing the + possibility that Coast Guard cutters, aircraft, + helicopters, and personnel will be diverted from non- + homeland security missions to the ports, waterways and + coastal security mission. + +SEC. 308. [6 U.S.C. 188] CONDUCT OF RESEARCH, DEVELOPMENT, + DEMONSTRATION, TESTING AND EVALUATION. + + (a) In General.--The Secretary, acting through the Under +Secretary for Science and Technology, shall carry out the +responsibilities under section 302(4) through both extramural +and intramural programs. + (b) Extramural Programs.-- + (1) In general.--The Secretary, acting through the + Under Secretary for Science and Technology, shall + operate extramural research, development, + demonstration, testing, and evaluation programs so as + to-- + (A) ensure that colleges, universities, + private research institutes, and companies (and + consortia thereof) from as many areas of the + United States as practicable participate; + (B) ensure that the research funded is of + high quality, as determined through merit + review processes developed under section + 302(14); and + (C) distribute funds through grants, + cooperative agreements, and contracts. + (2) University-based centers for homeland + security.-- + (A) Designation.--The Secretary, acting + through the Under Secretary for Science and + Technology, shall designate a university-based + center or several university-based centers for + homeland security. The purpose of the center or + these centers shall be to establish a + coordinated, university-based system to enhance + the Nation's homeland security. + (B) Criteria for designation.--Criteria for + the designation of colleges or universities as + a center for homeland security, shall include, + but are not limited to, demonstrated expertise + in-- + (i) The training of first + responders. + (ii) Responding to incidents + involving weapons of mass destruction + and biological warfare. + (iii) Emergency and diagnostic + medical services. + (iv) Chemical, biological, + radiological, and nuclear + countermeasures or detection. + (v) Animal and plant health and + diagnostics. + (vi) Food safety. + (vii) Water and wastewater + operations. + (viii) Port and waterway security. + (ix) Multi-modal transportation. + (x) Information security and + information engineering. + (xi) Engineering. + (xii) Educational outreach and + technical assistance. + (xiii) Border transportation and + security. + (xiv) The public policy + implications and public dissemination + of homeland security related research + and development. + (C) Discretion of secretary.--To the extent + that exercising such discretion is in the + interest of homeland security, and with respect + to the designation of any given university- + based center for homeland security, the + Secretary may except certain criteria as + specified in section 308(b)(2)(B) and consider + additional criteria beyond those specified in + section 308(b)(2)(B). Upon designation of a + university-based center for homeland security, + the Secretary shall that day publish in the + Federal Register the criteria that were + excepted or added in the selection process and + the justification for the set of criteria that + were used for that designation. + (D) Report to congress.--The Secretary + shall report annually, from the date of + enactment, to Congress concerning the + implementation of this section. That report + shall indicate which center or centers have + been designated and how the designation or + designations enhance homeland security, as well + as report any decisions to revoke or modify + such designations. + (E) Authorization of appropriations.--There + are authorized to be appropriated such sums as + may be necessary to carry out this paragraph. + (c) Intramural Programs.-- + (1) Consultation.--In carrying out the duties under + section 302, the Secretary, acting through the Under + Secretary for Science and Technology, may draw upon the + expertise of any laboratory of the Federal Government, + whether operated by a contractor or the Government. + (2) Laboratories.--The Secretary, acting through + the Under Secretary for Science and Technology, may + establish a headquarters laboratory for the Department + at any laboratory or site and may establish additional + laboratory units at other laboratories or sites. + (3) Criteria for headquarters laboratory.--If the + Secretary chooses to establish a headquarters + laboratory pursuant to paragraph (2), then the + Secretary shall do the following: + (A) Establish criteria for the selection of + the headquarters laboratory in consultation + with the National Academy of Sciences, + appropriate Federal agencies, and other + experts. + (B) Publish the criteria in the Federal + Register. + (C) Evaluate all appropriate laboratories + or sites against the criteria. + (D) Select a laboratory or site on the + basis of the criteria. + (E) Report to the appropriate congressional + committees on which laboratory was selected, + how the selected laboratory meets the published + criteria, and what duties the headquarters + laboratory shall perform. + (4) Limitation on operation of laboratories.--No + laboratory shall begin operating as the headquarters + laboratory of the Department until at least 30 days + after the transmittal of the report required by + paragraph (3)(E). + +SEC. 309. [6 U.S.C. 189] UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL + LABORATORIES AND SITES IN SUPPORT OF HOMELAND + SECURITY ACTIVITIES. + + (a) Authority to Utilize National Laboratories and Sites.-- + (1) In general.--In carrying out the missions of + the Department, the Secretary may utilize the + Department of Energy national laboratories and sites + through any 1 or more of the following methods, as the + Secretary considers appropriate: + (A) A joint sponsorship arrangement + referred to in subsection (b). + (B) A direct contract between the + Department and the applicable Department of + Energy laboratory or site, subject to + subsection (c). + (C) Any ``work for others'' basis made + available by that laboratory or site. + (D) Any other method provided by law. + (2) Acceptance and Performance by Labs and Sites.-- + Notwithstanding any other law governing the + administration, mission, use, or operations of any of + the Department of Energy national laboratories and + sites, such laboratories and sites are authorized to + accept and perform work for the Secretary, consistent + with resources provided, and perform such work on an + equal basis to other missions at the laboratory and not + on a noninterference basis with other missions of such + laboratory or site. + (b) Joint Sponsorship Arrangements.-- + (1) Laboratories.--The Department may be a joint + sponsor, under a multiple agency sponsorship + arrangement with the Department of Energy, of 1 or more + Department of Energy national laboratories in the + performance of work. + (2) Sites.--The Department may be a joint sponsor + of a Department of Energy site in the performance of + work as if such site were a federally funded research + and development center and the work were performed + under a multiple agency sponsorship arrangement with + the Department. + (3) Primary sponsor.--The Department of Energy + shall be the primary sponsor under a multiple agency + sponsorship arrangement referred to in paragraph (1) or + (2). + (4) Lead agent.--The Secretary of Energy shall act + as the lead agent in coordinating the formation and + performance of a joint sponsorship arrangement under + this subsection between the Department and a Department + of Energy national laboratory or site. + (5) Federal acquisition regulation.--Any work + performed by a Department of Energy national laboratory + or site under a joint sponsorship arrangement under + this subsection shall comply with the policy on the use + of federally funded research and development centers + under the Federal Acquisition Regulations. + (6) Funding.--The Department shall provide funds + for work at the Department of Energy national + laboratories or sites, as the case may be, under a + joint sponsorship arrangement under this subsection + under the same terms and conditions as apply to the + primary sponsor of such national laboratory under + section 303(b)(1)(C) of the Federal Property and + Administrative Services Act of 1949 (41 U.S.C. + 253(b)(1)(C)) or of such site to the extent such + section applies to such site as a federally funded + research and development center by reason of this + subsection. + (c) Separate Contracting.--To the extent that programs or +activities transferred by this Act from the Department of +Energy to the Department of Homeland Security are being carried +out through direct contracts with the operator of a national +laboratory or site of the Department of Energy, the Secretary +of Homeland Security and the Secretary of Energy shall ensure +that direct contracts for such programs and activities between +the Department of Homeland Security and such operator are +separate from the direct contracts of the Department of Energy +with such operator. + (d) Authority With Respect to Cooperative Research and +Development Agreements and Licensing Agreements.--In connection +with any utilization of the Department of Energy national +laboratories and sites under this section, the Secretary may +permit the director of any such national laboratory or site to +enter into cooperative research and development agreements or +to negotiate licensing agreements with any person, any agency +or instrumentality, of the United States, any unit of State or +local government, and any other entity under the authority +granted by section 12 of the Stevenson-Wydler Technology +Innovation Act of 1980 (15 U.S.C. 3710a). Technology may be +transferred to a non-Federal party to such an agreement +consistent with the provisions of sections 11 and 12 of that +Act (15 U.S.C. 3710, 3710a). + (e) Reimbursement of Costs.--In the case of an activity +carried out by the operator of a Department of Energy national +laboratory or site in connection with any utilization of such +laboratory or site under this section, the Department of +Homeland Security shall reimburse the Department of Energy for +costs of such activity through a method under which the +Secretary of Energy waives any requirement for the Department +of Homeland Security to pay administrative charges or personnel +costs of the Department of Energy or its contractors in excess +of the amount that the Secretary of Energy pays for an activity +carried out by such contractor and paid for by the Department +of Energy. + (f) Laboratory Directed Research and Development by the +Department of Energy.--No funds authorized to be appropriated +or otherwise made available to the Department in any fiscal +year may be obligated or expended for laboratory directed +research and development activities carried out by the +Department of Energy unless such activities support the +missions of the Department of Homeland Security. + (g) Office for National Laboratories.--There is established +within the Directorate of Science and Technology an Office for +National Laboratories, which shall be responsible for the +coordination and utilization of the Department of Energy +national laboratories and sites under this section in a manner +to create a networked laboratory system for the purpose of +supporting the missions of the Department. + (h) Department of Energy Coordination on Homeland Security +Related Research.--The Secretary of Energy shall ensure that +any research, development, test, and evaluation activities +conducted within the Department of Energy that are directly or +indirectly related to homeland security are fully coordinated +with the Secretary to minimize duplication of effort and +maximize the effective application of Federal budget resources. + +SEC. 310. [6 U.S.C. 190] TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, + DEPARTMENT OF AGRICULTURE. + + (a) In General.--In accordance with title XV, the Secretary +of Agriculture shall transfer to the Secretary of Homeland +Security the Plum Island Animal Disease Center of the +Department of Agriculture, including the assets and liabilities +of the Center. + (b) Continued Department of Agriculture Access.--On +completion of the transfer of the Plum Island Animal Disease +Center under subsection (a), the Secretary of Homeland Security +and the Secretary of Agriculture shall enter into an agreement +to ensure that the Department of Agriculture is able to carry +out research, diagnostic, and other activities of the +Department of Agriculture at the Center. + (c) Direction of Activities.--The Secretary of Agriculture +shall continue to direct the research, diagnostic, and other +activities of the Department of Agriculture at the Center +described in subsection (b). + (d) Notification.-- + (1) In general.--At least 180 days before any + change in the biosafety level at the Plum Island Animal + Disease Center, the President shall notify Congress of + the change and describe the reasons for the change. + (2) Limitation.--No change described in paragraph + (1) may be made earlier than 180 days after the + completion of the transition period (as defined in + section 1501). + +SEC. 311. [6 U.S.C. 191] HOMELAND SECURITY SCIENCE AND TECHNOLOGY + ADVISORY COMMITTEE. + + (a) Establishment.--There is established within the +Department a Homeland Security Science and Technology Advisory +Committee (in this section referred to as the ``Advisory +Committee''). The Advisory Committee shall make recommendations +with respect to the activities of the Under Secretary for +Science and Technology, including identifying research areas of +potential importance to the security of the Nation. + (b) Membership.-- + (1) Appointment.--The Advisory Committee shall + consist of 20 members appointed by the Under Secretary + for Science and Technology, which shall include + emergency first-responders or representatives of + organizations or associations of emergency first- + responders. The Advisory Committee shall also include + representatives of citizen groups, including + economically disadvantaged communities. The individuals + appointed as members of the Advisory Committee-- + (A) shall be eminent in fields such as + emergency response, research, engineering, new + product development, business, and management + consulting; + (B) shall be selected solely on the basis + of established records of distinguished + service; + (C) shall not be employees of the Federal + Government; and + (D) shall be so selected as to provide + representation of a cross-section of the + research, development, demonstration, and + deployment activities supported by the Under + Secretary for Science and Technology. + (2) National research council.--The Under Secretary + for Science and Technology may enter into an + arrangement for the National Research Council to select + members of the Advisory Committee, but only if the + panel used by the National Research Council reflects + the representation described in paragraph (1). + (c) Terms of Office.-- + (1) In general.--Except as otherwise provided in + this subsection, the term of office of each member of + the Advisory Committee shall be 3 years. + (2) Original appointments.--The original members of + the Advisory Committee shall be appointed to three + classes. One class of six shall have a term of 1 year, + one class of seven a term of 2 years, and one class of + seven a term of 3 years. + (3) Vacancies.--A member appointed to fill a + vacancy occurring before the expiration of the term for + which the member's predecessor was appointed shall be + appointed for the remainder of such term. + (d) Eligibility.--A person who has completed two +consecutive full terms of service on the Advisory Committee +shall thereafter be ineligible for appointment during the 1- +year period following the expiration of the second such term. + (e) Meetings.--The Advisory Committee shall meet at least +quarterly at the call of the Chair or whenever one-third of the +members so request in writing. Each member shall be given +appropriate notice of the call of each meeting, whenever +possible not less than 15 days before the meeting. + (f) Quorum.--A majority of the members of the Advisory +Committee not having a conflict of interest in the matter being +considered by the Advisory Committee shall constitute a quorum. + (g) Conflict of Interest Rules.--The Advisory Committee +shall establish rules for determining when 1 of its members has +a conflict of interest in a matter being considered by the +Advisory Committee. + (h) Reports.-- + (1) Annual report.--The Advisory Committee shall + render an annual report to the Under Secretary for + Science and Technology for transmittal to Congress on + or before January 31 of each year. Such report shall + describe the activities and recommendations of the + Advisory Committee during the previous year. + (2) Additional reports.--The Advisory Committee may + render to the Under Secretary for transmittal to + Congress such additional reports on specific policy + matters as it considers appropriate. + (i) Federal Advisory Committee Act Exemption.--Section 14 +of the Federal Advisory Committee Act shall not apply to the +Advisory Committee. + (j) Termination.--The Department of Homeland Security +Science and Technology Advisory Committee shall terminate on +December 31, 2008. + +SEC. 312. [6 U.S.C. 192] HOMELAND SECURITY INSTITUTE. + + (a) Establishment.--The Secretary shall establish a +federally funded research and development center to be known as +the ``Homeland Security Institute'' (in this section referred +to as the ``Institute''). + (b) Administration.--The Institute shall be administered as +a separate entity by the Secretary. + (c) Duties.--The duties of the Institute shall be +determined by the Secretary, and may include the following: + (1) Systems analysis, risk analysis, and simulation + and modeling to determine the vulnerabilities of the + Nation's critical infrastructures and the effectiveness + of the systems deployed to reduce those + vulnerabilities. + (2) Economic and policy analysis to assess the + distributed costs and benefits of alternative + approaches to enhancing security. + (3) Evaluation of the effectiveness of measures + deployed to enhance the security of institutions, + facilities, and infrastructure that may be terrorist + targets. + (4) Identification of instances when common + standards and protocols could improve the + interoperability and effective utilization of tools + developed for field operators and first responders. + (5) Assistance for Federal agencies and departments + in establishing testbeds to evaluate the effectiveness + of technologies under development and to assess the + appropriateness of such technologies for deployment. + (6) Design of metrics and use of those metrics to + evaluate the effectiveness of homeland security + programs throughout the Federal Government, including + all national laboratories. + (7) Design of and support for the conduct of + homeland security-related exercises and simulations. + (8) Creation of strategic technology development + plans to reduce vulnerabilities in the Nation's + critical infrastructure and key resources. + (d) Consultation on Institute Activities.--In carrying out +the duties described in subsection (c), the Institute shall +consult widely with representatives from private industry, +institutions of higher education, nonprofit institutions, other +Government agencies, and federally funded research and +development centers. + (e) Use of Centers.--The Institute shall utilize the +capabilities of the National Infrastructure Simulation and +Analysis Center. + (f) Annual Reports.--The Institute shall transmit to the +Secretary and Congress an annual report on the activities of +the Institute under this section. + (g) Termination.--The Homeland Security Institute shall +terminate 5 years after its establishment. + +SEC. 313. [6 U.S.C. 193] TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND + SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND + SECURITY. + + (a) Establishment of Program.--The Secretary, acting +through the Under Secretary for Science and Technology, shall +establish and promote a program to encourage technological +innovation in facilitating the mission of the Department (as +described in section 101). + (b) Elements of Program.--The program described in +subsection (a) shall include the following components: + (1) The establishment of a centralized Federal + clearinghouse for information relating to technologies + that would further the mission of the Department for + dissemination, as appropriate, to Federal, State, and + local government and private sector entities for + additional review, purchase, or use. + (2) The issuance of announcements seeking unique + and innovative technologies to advance the mission of + the Department. + (3) The establishment of a technical assistance + team to assist in screening, as appropriate, proposals + submitted to the Secretary (except as provided in + subsection (c)(2)) to assess the feasibility, + scientific and technical merits, and estimated cost of + such proposals, as appropriate. + (4) The provision of guidance, recommendations, and + technical assistance, as appropriate, to assist + Federal, State, and local government and private sector + efforts to evaluate and implement the use of + technologies described in paragraph (1) or (2). + (5) The provision of information for persons + seeking guidance on how to pursue proposals to develop + or deploy technologies that would enhance homeland + security, including information relating to Federal + funding, regulation, or acquisition. + (c) Miscellaneous Provisions.-- + (1) In general.--Nothing in this section shall be + construed as authorizing the Secretary or the technical + assistance team established under subsection (b)(3) to + set standards for technology to be used by the + Department, any other executive agency, any State or + local government entity, or any private sector entity. + (2) Certain proposals.--The technical assistance + team established under subsection (b)(3) shall not + consider or evaluate proposals submitted in response to + a solicitation for offers for a pending procurement or + for a specific agency requirement. + (3) Coordination.--In carrying out this section, + the Secretary shall coordinate with the Technical + Support Working Group (organized under the April 1982 + National Security Decision Directive Numbered 30). + +SEC. 314. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY. + + (a) Clarification of Responsibilities.--The Director of the +Office for Interoperability and Compatibility shall-- + (1) assist the Secretary in developing and + implementing the science and technology aspects of the + program described in subparagraphs (D), (E), (F), and + (G) of section 7303(a)(1) of the Intelligence Reform + and Terrorism Prevention Act of 2004 (6 U.S.C. + 194(a)(1)); + (2) in coordination with the Federal Communications + Commission, the National Institute of Standards and + Technology, and other Federal departments and agencies + with responsibility for standards, support the creation + of national voluntary consensus standards for + interoperable emergency communications; + (3) establish a comprehensive research, + development, testing, and evaluation program for + improving interoperable emergency communications; + (4) establish, in coordination with the Director + for Emergency Communications, requirements for + interoperable emergency communications capabilities, + which shall be nonproprietary where standards for such + capabilities exist, for all public safety radio and + data communications systems and equipment purchased + using homeland security assistance administered by the + Department, excluding any alert and warning device, + technology, or system; + (5) carry out the Department's responsibilities and + authorities relating to research, development, testing, + evaluation, or standards-related elements of the + SAFECOM Program; + (6) evaluate and assess new technology in real- + world environments to achieve interoperable emergency + communications capabilities; + (7) encourage more efficient use of existing + resources, including equipment, to achieve + interoperable emergency communications capabilities; + (8) test public safety communications systems that + are less prone to failure, support new nonvoice + services, use spectrum more efficiently, and cost less + than existing systems; + (9) coordinate with the private sector to develop + solutions to improve emergency communications + capabilities and achieve interoperable emergency + communications capabilities; and + (10) conduct pilot projects, in coordination with + the Director for Emergency Communications, to test and + demonstrate technologies, including data and video, + that enhance-- + (A) the ability of emergency response + providers and relevant government officials to + continue to communicate in the event of natural + disasters, acts of terrorism, and other man- + made disasters; and + (B) interoperable emergency communications + capabilities. + (b) Coordination.--The Director of the Office for +Interoperability and Compatibility shall coordinate with the +Director for Emergency Communications with respect to the +SAFECOM program. + (c) Sufficiency of Resources.--The Secretary shall provide +the Office for Interoperability and Compatibility the resources +and staff necessary to carry out the responsibilities under +this section. + +SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND + DEVELOPMENT. + + (a) In General.--The Under Secretary for Science and +Technology, acting through the Director of the Office for +Interoperability and Compatibility, shall establish a +comprehensive research and development program to support and +promote-- + (1) the ability of emergency response providers and + relevant government officials to continue to + communicate in the event of natural disasters, acts of + terrorism, and other man-made disasters; and + (2) interoperable emergency communications + capabilities among emergency response providers and + relevant government officials, including by-- + (A) supporting research on a competitive + basis, including through the Directorate of + Science and Technology and Homeland Security + Advanced Research Projects Agency; and + (B) considering the establishment of a + Center of Excellence under the Department of + Homeland Security Centers of Excellence Program + focused on improving emergency response + providers' communication capabilities. + (b) Purposes.--The purposes of the program established +under subsection (a) include-- + (1) supporting research, development, testing, and + evaluation on emergency communication capabilities; + (2) understanding the strengths and weaknesses of + the public safety communications systems in use; + (3) examining how current and emerging technology + can make emergency response providers more effective, + and how Federal, State, local, and tribal government + agencies can use this technology in a coherent and + cost-effective manner; + (4) investigating technologies that could lead to + long-term advancements in emergency communications + capabilities and supporting research on advanced + technologies and potential systemic changes to + dramatically improve emergency communications; and + (5) evaluating and validating advanced technology + concepts, and facilitating the development and + deployment of interoperable emergency communication + capabilities. + (c) Definitions.--For purposes of this section, the term +``interoperable'', with respect to emergency communications, +has the meaning given the term in section 1808. + +SEC. 316. [6 U.S.C. 195B] NATIONAL BIOSURVEILLANCE INTEGRATION CENTER. + + (a) Establishment.--The Secretary shall establish, operate, +and maintain a National Biosurveillance Integration Center +(referred to in this section as the ``NBIC''), which shall be +headed by a Directing Officer, under an office or directorate +of the Department that is in existence as of the date of the +enactment of this section. + (b) Primary Mission.--The primary mission of the NBIC is +to-- + (1) enhance the capability of the Federal + Government to-- + (A) rapidly identify, characterize, + localize, and track a biological event of + national concern by integrating and analyzing + data relating to human health, animal, plant, + food, and environmental monitoring systems + (both national and international); and + (B) disseminate alerts and other + information to Member Agencies and, in + coordination with (and where possible through) + Member Agencies, to agencies of State, local, + and tribal governments, as appropriate, to + enhance the ability of such agencies to respond + to a biological event of national concern; and + (2) oversee development and operation of the + National Biosurveillance Integration System. + (c) Requirements.--The NBIC shall detect, as early as +possible, a biological event of national concern that presents +a risk to the United States or the infrastructure or key assets +of the United States, including by-- + (1) consolidating data from all relevant + surveillance systems maintained by Member Agencies to + detect biological events of national concern across + human, animal, and plant species; + (2) seeking private sources of surveillance, both + foreign and domestic, when such sources would enhance + coverage of critical surveillance gaps; + (3) using an information technology system that + uses the best available statistical and other + analytical tools to identify and characterize + biological events of national concern in as close to + real-time as is practicable; + (4) providing the infrastructure for such + integration, including information technology systems + and space, and support for personnel from Member + Agencies with sufficient expertise to enable analysis + and interpretation of data; + (5) working with Member Agencies to create + information technology systems that use the minimum + amount of patient data necessary and consider patient + confidentiality and privacy issues at all stages of + development and apprise the Privacy Officer of such + efforts; and + (6) alerting Member Agencies and, in coordination + with (and where possible through) Member Agencies, + public health agencies of State, local, and tribal + governments regarding any incident that could develop + into a biological event of national concern. + (d) Responsibilities of the Directing Officer of the +NBIC.-- + (1) In general.--The Directing Officer of the NBIC + shall-- + (A) on an ongoing basis, monitor the + availability and appropriateness of + surveillance systems used by the NBIC and those + systems that could enhance biological + situational awareness or the overall + performance of the NBIC; + (B) on an ongoing basis, review and seek to + improve the statistical and other analytical + methods used by the NBIC; + (C) receive and consider other relevant + homeland security information, as appropriate; + and + (D) provide technical assistance, as + appropriate, to all Federal, regional, State, + local, and tribal government entities and + private sector entities that contribute data + relevant to the operation of the NBIC. + (2) Assessments.--The Directing Officer of the NBIC + shall-- + (A) on an ongoing basis, evaluate available + data for evidence of a biological event of + national concern; and + (B) integrate homeland security information + with NBIC data to provide overall situational + awareness and determine whether a biological + event of national concern has occurred. + (3) Information sharing.-- + (A) In general.--The Directing Officer of + the NBIC shall-- + (i) establish a method of real-time + communication with the National + Operations Center; + (ii) in the event that a biological + event of national concern is detected, + notify the Secretary and disseminate + results of NBIC assessments relating to + that biological event of national + concern to appropriate Federal response + entities and, in coordination with + relevant Member Agencies, regional, + State, local, and tribal governmental + response entities in a timely manner; + (iii) provide any report on NBIC + assessments to Member Agencies and, in + coordination with relevant Member + Agencies, any affected regional, State, + local, or tribal government, and any + private sector entity considered + appropriate that may enhance the + mission of such Member Agencies, + governments, or entities or the ability + of the Nation to respond to biological + events of national concern; and + (iv) share NBIC incident or + situational awareness reports, and + other relevant information, consistent + with the information sharing + environment established under section + 1016 of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 + U.S.C. 485) and any policies, + guidelines, procedures, instructions, + or standards established under that + section. + (B) Consultation.--The Directing Officer of + the NBIC shall implement the activities + described in subparagraph (A) consistent with + the policies, guidelines, procedures, + instructions, or standards established under + section 1016 of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 U.S.C. 485) + and in consultation with the Director of + National Intelligence, the Under Secretary for + Intelligence and Analysis, and other offices or + agencies of the Federal Government, as + appropriate. + (e) Responsibilities of the NBIC Member Agencies.-- + (1) In general.--Each Member Agency shall-- + (A) use its best efforts to integrate + biosurveillance information into the NBIC, with + the goal of promoting information sharing + between Federal, State, local, and tribal + governments to detect biological events of + national concern; + (B) provide timely information to assist + the NBIC in maintaining biological situational + awareness for accurate detection and response + purposes; + (C) enable the NBIC to receive and use + biosurveillance information from member + agencies to carry out its requirements under + subsection (c); + (D) connect the biosurveillance data + systems of that Member Agency to the NBIC data + system under mutually agreed protocols that are + consistent with subsection (c)(5); + (E) participate in the formation of + strategy and policy for the operation of the + NBIC and its information sharing; + (F) provide personnel to the NBIC under an + interagency personnel agreement and consider + the qualifications of such personnel necessary + to provide human, animal, and environmental + data analysis and interpretation support to the + NBIC; and + (G) retain responsibility for the + surveillance and intelligence systems of that + department or agency, if applicable. + (f) Administrative Authorities.-- + (1) Hiring of experts.--The Directing Officer of + the NBIC shall hire individuals with the necessary + expertise to develop and operate the NBIC. + (2) Detail of personnel.--Upon the request of the + Directing Officer of the NBIC, the head of any Federal + department or agency may detail, on a reimbursable + basis, any of the personnel of that department or + agency to the Department to assist the NBIC in carrying + out this section. + (g) NBIC Interagency Working Group.--The Directing Officer +of the NBIC shall-- + (1) establish an interagency working group to + facilitate interagency cooperation and to advise the + Directing Officer of the NBIC regarding recommendations + to enhance the biosurveillance capabilities of the + Department; and + (2) invite Member Agencies to serve on that working + group. + (h) Relationship to Other Departments and Agencies.--The +authority of the Directing Officer of the NBIC under this +section shall not affect any authority or responsibility of any +other department or agency of the Federal Government with +respect to biosurveillance activities under any program +administered by that department or agency. + (i) Authorization of Appropriations.--There are authorized +to be appropriated such sums as are necessary to carry out this +section. + (j) Definitions.--In this section: + (1) The terms ``biological agent'' and ``toxin'' + have the meanings given those terms in section 178 of + title 18, United States Code. + (2) The term ``biological event of national + concern'' means-- + (A) an act of terrorism involving a + biological agent or toxin; or + (B) a naturally occurring outbreak of an + infectious disease that may result in a + national epidemic. + (3) The term ``homeland security information'' has + the meaning given that term in section 892. + (4) The term ``Member Agency'' means any Federal + department or agency that, at the discretion of the + head of that department or agency, has entered a + memorandum of understanding regarding participation in + the NBIC. + (5) The term ``Privacy Officer'' means the Privacy + Officer appointed under section 222. + +SEC. 317. [6 U.S.C. 195C] PROMOTING ANTITERRORISM THROUGH INTERNATIONAL + COOPERATION PROGRAM. + + (a) Definitions.--In this section: + (1) Director.--The term ``Director'' means the + Director selected under subsection (b)(2). + (2) International cooperative activity.--The term + ``international cooperative activity'' includes-- + (A) coordinated research projects, joint + research projects, or joint ventures; + (B) joint studies or technical + demonstrations; + (C) coordinated field exercises, scientific + seminars, conferences, symposia, and workshops; + (D) training of scientists and engineers; + (E) visits and exchanges of scientists, + engineers, or other appropriate personnel; + (F) exchanges or sharing of scientific and + technological information; and + (G) joint use of laboratory facilities and + equipment. + (b) Science and Technology Homeland Security International +Cooperative Programs Office.-- + (1) Establishment.--The Under Secretary shall + establish the Science and Technology Homeland Security + International Cooperative Programs Office. + (2) Director.--The Office shall be headed by a + Director, who-- + (A) shall be selected, in consultation with + the Assistant Secretary for International + Affairs, by and shall report to the Under + Secretary; and + (B) may be an officer of the Department + serving in another position. + (3) Responsibilities.-- + (A) Development of mechanisms.--The + Director shall be responsible for developing, + in coordination with the Department of State + and, as appropriate, the Department of Defense, + the Department of Energy, and other Federal + agencies, understandings and agreements to + allow and to support international cooperative + activity in support of homeland security. + (B) Priorities.--The Director shall be + responsible for developing, in coordination + with the Office of International Affairs and + other Federal agencies, strategic priorities + for international cooperative activity for the + Department in support of homeland security. + (C) Activities.--The Director shall + facilitate the planning, development, and + implementation of international cooperative + activity to address the strategic priorities + developed under subparagraph (B) through + mechanisms the Under Secretary considers + appropriate, including grants, cooperative + agreements, or contracts to or with foreign + public or private entities, governmental + organizations, businesses (including small + businesses and socially and economically + disadvantaged small businesses (as those terms + are defined in sections 3 and 8 of the Small + Business Act (15 U.S.C. 632 and 637), + respectively)), federally funded research and + development centers, and universities. + (D) Identification of partners.--The + Director shall facilitate the matching of + United States entities engaged in homeland + security research with non-United States + entities engaged in homeland security research + so that they may partner in homeland security + research activities. + (4) Coordination.--The Director shall ensure that + the activities under this subsection are coordinated + with the Office of International Affairs and the + Department of State and, as appropriate, the Department + of Defense, the Department of Energy, and other + relevant Federal agencies or interagency bodies. The + Director may enter into joint activities with other + Federal agencies. + (c) Matching Funding.-- + (1) In general.-- + (A) Equitability.--The Director shall + ensure that funding and resources expended in + international cooperative activity will be + equitably matched by the foreign partner + government or other entity through direct + funding, funding of complementary activities, + or the provision of staff, facilities, + material, or equipment. + (B) Grant matching and repayment.-- + (i) In general.--The Secretary may + require a recipient of a grant under + this section-- + (I) to make a matching + contribution of not more than + 50 percent of the total cost of + the proposed project for which + the grant is awarded; and + (II) to repay to the + Secretary the amount of the + grant (or a portion thereof), + interest on such amount at an + appropriate rate, and such + charges for administration of + the grant as the Secretary + determines appropriate. + (ii) Maximum amount.--The Secretary + may not require that repayment under + clause (i)(II) be more than 150 percent + of the amount of the grant, adjusted + for inflation on the basis of the + Consumer Price Index. + (2) Foreign partners.--Partners may include Israel, + the United Kingdom, Canada, Australia, Singapore, and + other allies in the global war on terrorism as + determined to be appropriate by the Secretary of + Homeland Security and the Secretary of State. + (3) Loans of equipment.--The Director may make or + accept loans of equipment for research and development + and comparative testing purposes. + (d) Foreign Reimbursements.--If the Science and Technology +Homeland Security International Cooperative Programs Office +participates in an international cooperative activity with a +foreign partner on a cost-sharing basis, any reimbursements or +contributions received from that foreign partner to meet its +share of the project may be credited to appropriate current +appropriations accounts of the Directorate of Science and +Technology. + (e) Report to Congress on International Cooperative +Activities.--Not later than one year after the date of +enactment of this section, and every 5 years thereafter, the +Under Secretary, acting through the Director, shall submit to +Congress a report containing-- + (1) a brief description of each grant, cooperative + agreement, or contract made or entered into under + subsection (b)(3)(C), including the participants, + goals, and amount and sources of funding; and + (2) a list of international cooperative activities + underway, including the participants, goals, expected + duration, and amount and sources of funding, including + resources provided to support the activities in lieu of + direct funding. + (f) Animal and Zoonotic Diseases.--As part of the +international cooperative activities authorized in this +section, the Under Secretary, in coordination with the Chief +Medical Officer, the Department of State, and appropriate +officials of the Department of Agriculture, the Department of +Defense, and the Department of Health and Human Services, may +enter into cooperative activities with foreign countries, +including African nations, to strengthen American preparedness +against foreign animal and zoonotic diseases overseas that +could harm the Nation's agricultural and public health sectors +if they were to reach the United States. + (g) Construction; Authorities of the Secretary of State.-- +Nothing in this section shall be construed to alter or affect +the following provisions of law: + (1) Title V of the Foreign Relations Authorization + Act, Fiscal Year 1979 (22 U.S.C. 2656a et seq.). + (2) Section 112b(c) of title 1, United States Code. + (3) Section 1(e)(2) of the State Department Basic + Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)). + (4) Sections 2 and 27 of the Arms Export Control + Act (22 U.S.C. 2752 and 22 U.S.C. 2767). + (5) Section 622(c) of the Foreign Assistance Act of + 1961 (22 U.S.C. 2382(c)). + (h) Authorization of Appropriations.--There are authorized +to be appropriated to carry out this section such sums as are +necessary. + + TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY + + Subtitle A--Under Secretary for Border and Transportation Security + +SEC. 401. [6 U.S.C. 201] UNDER SECRETARY FOR BORDER AND TRANSPORTATION + SECURITY. + + There shall be in the Department a Directorate of Border +and Transportation Security headed by an Under Secretary for +Border and Transportation Security. + +SEC. 402. [6 U.S.C. 202] RESPONSIBILITIES. + + The Secretary, acting through the Under Secretary for +Border and Transportation Security, shall be responsible for +the following: + (1) Preventing the entry of terrorists and the + instruments of terrorism into the United States. + (2) Securing the borders, territorial waters, + ports, terminals, waterways, and air, land, and sea + transportation systems of the United States, including + managing and coordinating those functions transferred + to the Department at ports of entry. + (3) Carrying out the immigration enforcement + functions vested by statute in, or performed by, the + Commissioner of Immigration and Naturalization (or any + officer, employee, or component of the Immigration and + Naturalization Service) immediately before the date on + which the transfer of functions specified under section + 441 takes effect. + (4) Establishing and administering rules, in + accordance with section 428, governing the granting of + visas or other forms of permission, including parole, + to enter the United States to individuals who are not a + citizen or an alien lawfully admitted for permanent + residence in the United States. + (5) Establishing national immigration enforcement + policies and priorities. + (6) Except as provided in subtitle C, administering + the customs laws of the United States. + (7) Conducting the inspection and related + administrative functions of the Department of + Agriculture transferred to the Secretary of Homeland + Security under section 421. + (8) In carrying out the foregoing responsibilities, + ensuring the speedy, orderly, and efficient flow of + lawful traffic and commerce. + +SEC. 403. [6 U.S.C. 203] FUNCTIONS TRANSFERRED. + + In accordance with title XV (relating to transition +provisions), there shall be transferred to the Secretary the +functions, personnel, assets, and liabilities of-- + (1) the United States Customs Service of the + Department of the Treasury, including the functions of + the Secretary of the Treasury relating thereto; + (2) the Transportation Security Administration of + the Department of Transportation, including the + functions of the Secretary of Transportation, and of + the Under Secretary of Transportation for Security, + relating thereto; + (3) the Federal Protective Service of the General + Services Administration, including the functions of the + Administrator of General Services relating thereto; + (4) the Federal Law Enforcement Training Center of + the Department of the Treasury; and + (5) the Office for Domestic Preparedness of the + Office of Justice Programs, including the functions of + the Attorney General relating thereto. + + Subtitle B--United States Customs Service + +SEC. 411. [6 U.S.C. 211] ESTABLISHMENT; COMMISSIONER OF CUSTOMS. + + (a) Establishment.--There is established in the Department +the United States Customs Service, under the authority of the +Under Secretary for Border and Transportation Security, which +shall be vested with those functions including, but not limited +to those set forth in section 415(7), and the personnel, +assets, and liabilities attributable to those functions. + (b) Commissioner of Customs.-- + (1) In general.--There shall be at the head of the + Customs Service a Commissioner of Customs, who shall be + appointed by the President, by and with the advice and + consent of the Senate. + + * * * * * * * + + (3) Continuation in office.--The individual serving + as the Commissioner of Customs on the day before the + effective date of this Act may serve as the + Commissioner of Customs on and after such effective + date until a Commissioner of Customs is appointed under + paragraph (1). + +SEC. 412. [6 U.S.C. 212] RETENTION OF CUSTOMS REVENUE FUNCTIONS BY + SECRETARY OF THE TREASURY. + + (a) Retention of Customs Revenue Functions by Secretary of +the Treasury.-- + (1) Retention of authority.--Notwithstanding + section 403(a)(1), authority related to Customs revenue + functions that was vested in the Secretary of the + Treasury by law before the effective date of this Act + under those provisions of law set forth in paragraph + (2) shall not be transferred to the Secretary by reason + of this Act, and on and after the effective date of + this Act, the Secretary of the Treasury may delegate + any such authority to the Secretary at the discretion + of the Secretary of the Treasury. The Secretary of the + Treasury shall consult with the Secretary regarding the + exercise of any such authority not delegated to the + Secretary. + (2) Statutes.--The provisions of law referred to in + paragraph (1) are the following: the Tariff Act of + 1930; section 249 of the Revised Statutes of the United + States (19 U.S.C. 3); section 2 of the Act of March 4, + 1923 (19 U.S.C. 6); section 13031 of the Consolidated + Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. + 58c); section 251 of the Revised Statutes of the United + States (19 U.S.C. 66); section 1 of the Act of June 26, + 1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19 + U.S.C. 81a et seq.); section 1 of the Act of March 2, + 1911 (19 U.S.C. 198); the Trade Act of 1974; the Trade + Agreements Act of 1979; the North American Free Trade + Area Implementation Act; the Uruguay Round Agreements + Act; the Caribbean Basin Economic Recovery Act; the + Andean Trade Preference Act; the African Growth and + Opportunity Act; and any other provision of law vesting + customs revenue functions in the Secretary of the + Treasury. + (b) Maintenance of Customs Revenue Functions.-- + (1) Maintenance of functions.--Notwithstanding any + other provision of this Act, the Secretary may not + consolidate, discontinue, or diminish those functions + described in paragraph (2) performed by the United + States Customs Service (as established under section + 411) on or after the effective date of this Act, reduce + the staffing level, or reduce the resources + attributable to such functions, and the Secretary shall + ensure that an appropriate management structure is + implemented to carry out such functions. + (2) Functions.--The functions referred to in + paragraph (1) are those functions performed by the + following personnel, and associated support staff, of + the United States Customs Service on the day before the + effective date of this Act: Import Specialists, Entry + Specialists, Drawback Specialists, National Import + Specialist, Fines and Penalties Specialists, attorneys + of the Office of Regulations and Rulings, Customs + Auditors, International Trade Specialists, Financial + Systems Specialists. + (c) New Personnel.--The Secretary of the Treasury is +authorized to appoint up to 20 new personnel to work with +personnel of the Department in performing customs revenue +functions. + +SEC. 413. [6 U.S.C. 213] PRESERVATION OF CUSTOMS FUNDS. + + Notwithstanding any other provision of this Act, no funds +available to the United States Customs Service or collected +under paragraphs (1) through (8) of section 13031(a) of the +Consolidated Omnibus Budget Reconciliation Act of 1985 may be +transferred for use by any other agency or office in the +Department. + +SEC. 414. [6 U.S.C. 214] SEPARATE BUDGET REQUEST FOR CUSTOMS. + + The President shall include in each budget transmitted to +Congress under section 1105 of title 31, United States Code, a +separate budget request for the United States Customs Service. + +SEC. 415. [6 U.S.C. 215] DEFINITION. + + In this subtitle, the term ``customs revenue function'' +means the following: + (1) Assessing and collecting customs duties + (including antidumping and countervailing duties and + duties imposed under safeguard provisions), excise + taxes, fees, and penalties due on imported merchandise, + including classifying and valuing merchandise for + purposes of such assessment. + (2) Processing and denial of entry of persons, + baggage, cargo, and mail, with respect to the + assessment and collection of import duties. + (3) Detecting and apprehending persons engaged in + fraudulent practices designed to circumvent the customs + laws of the United States. + (4) Enforcing section 337 of the Tariff Act of 1930 + and provisions relating to import quotas and the + marking of imported merchandise, and providing Customs + Recordations for copyrights, patents, and trademarks. + (5) Collecting accurate import data for compilation + of international trade statistics. + (6) Enforcing reciprocal trade agreements. + (7) Functions performed by the following personnel, + and associated support staff, of the United States + Customs Service on the day before the effective date of + this Act: Import Specialists, Entry Specialists, + Drawback Specialists, National Import Specialist, Fines + and Penalties Specialists, attorneys of the Office of + Regulations and Rulings, Customs Auditors, + International Trade Specialists, Financial Systems + Specialists. + (8) Functions performed by the following offices, + with respect to any function described in any of + paragraphs (1) through (7), and associated support + staff, of the United States Customs Service on the day + before the effective date of this Act: the Office of + Information and Technology, the Office of Laboratory + Services, the Office of the Chief Counsel, the Office + of Congressional Affairs, the Office of International + Affairs, and the Office of Training and Development. + +SEC. 416. [6 U.S.C. 216] GAO REPORT TO CONGRESS. + + Not later than 3 months after the effective date of this +Act, the Comptroller General of the United States shall submit +to Congress a report that sets forth all trade functions +performed by the executive branch, specifying each agency that +performs each such function. + +SEC. 417. [6 U.S.C. 217] ALLOCATION OF RESOURCES BY THE SECRETARY. + + (a) In General.--The Secretary shall ensure that adequate +staffing is provided to assure that levels of customs revenue +services provided on the day before the effective date of this +Act shall continue to be provided. + (b) Notification of Congress.--The Secretary shall notify +the Committee on Ways and Means of the House of Representatives +and the Committee on Finance of the Senate at least 90 days +prior to taking any action which would-- + (1) result in any significant reduction in customs + revenue services, including hours of operation, + provided at any office within the Department or any + port of entry; + (2) eliminate or relocate any office of the + Department which provides customs revenue services; or + (3) eliminate any port of entry. + (c) Definition.--In this section, the term ``customs +revenue services'' means those customs revenue functions +described in paragraphs (1) through (6) and paragraph (8) of +section 415. + +SEC. 418. [6 U.S.C. 218] REPORTS TO CONGRESS. + + (a) Continuing Reports.--The United States Customs Service +shall, on and after the effective date of this Act, continue to +submit to the Committee on Ways and Means of the House of +Representatives and the Committee on Finance of the Senate any +report required, on the day before such the effective date of +this Act, to be so submitted under any provision of law. + (b) Report on Conforming Amendments.--Not later than 60 +days after the date of enactment of this Act, the Secretary of +the Treasury shall submit a report to the Committee on Finance +of the Senate and the Committee on Ways and Means of the House +of Representatives of proposed conforming amendments to the +statutes set forth under section 412(a)(2) in order to +determine the appropriate allocation of legal authorities +described under this subsection. The Secretary of the Treasury +shall also identify those authorities vested in the Secretary +of the Treasury that are exercised by the Commissioner of +Customs on or before the effective date of this section. + + * * * * * * * + + + Subtitle C--Miscellaneous Provisions + +SEC. 421. [6 U.S.C. 231] TRANSFER OF CERTAIN AGRICULTURAL INSPECTION + FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE. + + (a) Transfer of Agricultural Import and Entry Inspection +Functions.--There shall be transferred to the Secretary the +functions of the Secretary of Agriculture relating to +agricultural import and entry inspection activities under the +laws specified in subsection (b). + (b) Covered Animal and Plant Protection Laws.--The laws +referred to in subsection (a) are the following: + (1) The Act commonly known as the Virus-Serum-Toxin + Act (the eighth paragraph under the heading ``Bureau of + Animal Industry'' in the Act of March 4, 1913; 21 + U.S.C. 151 et seq.). + (2) Section 1 of the Act of August 31, 1922 + (commonly known as the Honeybee Act; 7 U.S.C. 281). + (3) Title III of the Federal Seed Act (7 U.S.C. + 1581 et seq.). + (4) The Plant Protection Act (7 U.S.C. 7701 et + seq.). + (5) The Animal Health Protection Act (subtitle E of + title X of Public Law 107-171; 7 U.S.C. 8301 et seq.). + (6) The Lacey Act Amendments of 1981 (16 U.S.C. + 3371 et seq.). + (7) Section 11 of the Endangered Species Act of + 1973 (16 U.S.C. 1540). + (c) Exclusion of Quarantine Activities.--For purposes of +this section, the term ``functions'' does not include any +quarantine activities carried out under the laws specified in +subsection (b). + (d) Effect of Transfer.-- + (1) Compliance with department of agriculture + regulations.--The authority transferred pursuant to + subsection (a) shall be exercised by the Secretary in + accordance with the regulations, policies, and + procedures issued by the Secretary of Agriculture + regarding the administration of the laws specified in + subsection (b). + (2) Rulemaking coordination.--The Secretary of + Agriculture shall coordinate with the Secretary + whenever the Secretary of Agriculture prescribes + regulations, policies, or procedures for administering + the functions transferred under subsection (a) under a + law specified in subsection (b). + (3) Effective administration.--The Secretary, in + consultation with the Secretary of Agriculture, may + issue such directives and guidelines as are necessary + to ensure the effective use of personnel of the + Department of Homeland Security to carry out the + functions transferred pursuant to subsection (a). + (e) Transfer Agreement.-- + (1) Agreement required; revision.--Before the end + of the transition period, as defined in section 1501, + the Secretary of Agriculture and the Secretary shall + enter into an agreement to effectuate the transfer of + functions required by subsection (a). The Secretary of + Agriculture and the Secretary may jointly revise the + agreement as necessary thereafter. + (2) Required terms.--The agreement required by this + subsection shall specifically address the following: + (A) The supervision by the Secretary of + Agriculture of the training of employees of the + Secretary to carry out the functions + transferred pursuant to subsection (a). + (B) The transfer of funds to the Secretary + under subsection (f). + (3) Cooperation and reciprocity.--The Secretary of + Agriculture and the Secretary may include as part of + the agreement the following: + (A) Authority for the Secretary to perform + functions delegated to the Animal and Plant + Health Inspection Service of the Department of + Agriculture regarding the protection of + domestic livestock and plants, but not + transferred to the Secretary pursuant to + subsection (a). + (B) Authority for the Secretary of + Agriculture to use employees of the Department + of Homeland Security to carry out authorities + delegated to the Animal and Plant Health + Inspection Service regarding the protection of + domestic livestock and plants. + (f) Periodic Transfer of Funds to Department of Homeland +Security.-- + (1) Transfer of funds.--Out of funds collected by + fees authorized under sections 2508 and 2509 of the + Food, Agriculture, Conservation, and Trade Act of 1990 + (21 U.S.C. 136, 136a), the Secretary of Agriculture + shall transfer, from time to time in accordance with + the agreement under subsection (e), to the Secretary + funds for activities carried out by the Secretary for + which such fees were collected. + (2) Limitation.--The proportion of fees collected + pursuant to such sections that are transferred to the + Secretary under this subsection may not exceed the + proportion of the costs incurred by the Secretary to + all costs incurred to carry out activities funded by + such fees. + (g) Transfer of Department of Agriculture Employees.--Not +later than the completion of the transition period defined +under section 1501, the Secretary of Agriculture shall transfer +to the Secretary not more than 3,200 full-time equivalent +positions of the Department of Agriculture. + + * * * * * * * + + +SEC. 422. [6 U.S.C. 232] FUNCTIONS OF ADMINISTRATOR OF GENERAL + SERVICES. + + (a) Operation, Maintenance, and Protection of Federal +Buildings and Grounds.--Nothing in this Act may be construed to +affect the functions or authorities of the Administrator of +General Services with respect to the operation, maintenance, +and protection of buildings and grounds owned or occupied by +the Federal Government and under the jurisdiction, custody, or +control of the Administrator. Except for the law enforcement +and related security functions transferred under section +403(3), the Administrator shall retain all powers, functions, +and authorities vested in the Administrator under chapter 10 of +title 40, United States Code, and other provisions of law that +are necessary for the operation, maintenance, and protection of +such buildings and grounds. + (b) Collection of Rents and Fees; Federal Buildings Fund.-- + (1) Statutory construction.--Nothing in this Act + may be construed-- + (A) to direct the transfer of, or affect, + the authority of the Administrator of General + Services to collect rents and fees, including + fees collected for protective services; or + (B) to authorize the Secretary or any other + official in the Department to obligate amounts + in the Federal Buildings Fund established by + section 490(f) of title 40, United States Code. + (2) Use of transferred amounts.--Any amounts + transferred by the Administrator of General Services to + the Secretary out of rents and fees collected by the + Administrator shall be used by the Secretary solely for + the protection of buildings or grounds owned or + occupied by the Federal Government. + +SEC. 423. [6 U.S.C. 233] FUNCTIONS OF TRANSPORTATION SECURITY + ADMINISTRATION. + + (a) Consultation With Federal Aviation Administration.--The +Secretary and other officials in the Department shall consult +with the Administrator of the Federal Aviation Administration +before taking any action that might affect aviation safety, air +carrier operations, aircraft airworthiness, or the use of +airspace. The Secretary shall establish a liaison office within +the Department for the purpose of consulting with the +Administrator of the Federal Aviation Administration. + (b) Report to Congress.--Not later than 60 days after the +date of enactment of this Act, the Secretary of Transportation +shall transmit to Congress a report containing a plan for +complying with the requirements of section 44901(d) of title +49, United States Code, as amended by section 425 of this Act. + (c) Limitations on Statutory Construction.-- + (1) Grant of authority.--Nothing in this Act may be + construed to vest in the Secretary or any other + official in the Department any authority over + transportation security that is not vested in the Under + Secretary of Transportation for Security, or in the + Secretary of Transportation under chapter 449 of title + 49, United States Code, on the day before the date of + enactment of this Act. + (2) Obligation of aip funds.--Nothing in this Act + may be construed to authorize the Secretary or any + other official in the Department to obligate amounts + made available under section 48103 of title 49, United + States Code. + +SEC. 424. [6 U.S.C. 234] PRESERVATION OF TRANSPORTATION SECURITY + ADMINISTRATION AS A DISTINCT ENTITY. + + (a) In General.--Notwithstanding any other provision of +this Act, and subject to subsection (b), the Transportation +Security Administration shall be maintained as a distinct +entity within the Department under the Under Secretary for +Border Transportation and Security. + (b) Sunset.--Subsection (a) shall cease to apply 2 years +after the date of enactment of this Act. + + * * * * * * * + + +SEC. 427. [6 U.S.C. 235] COORDINATION OF INFORMATION AND INFORMATION + TECHNOLOGY. + + (a) Definition of Affected Agency.--In this section, the +term ``affected agency'' means-- + (1) the Department; + (2) the Department of Agriculture; + (3) the Department of Health and Human Services; + and + (4) any other department or agency determined to be + appropriate by the Secretary. + (b) Coordination.--The Secretary, in coordination with the +Secretary of Agriculture, the Secretary of Health and Human +Services, and the head of each other department or agency +determined to be appropriate by the Secretary, shall ensure +that appropriate information (as determined by the Secretary) +concerning inspections of articles that are imported or entered +into the United States, and are inspected or regulated by 1 or +more affected agencies, is timely and efficiently exchanged +between the affected agencies. + (c) Report and Plan.--Not later than 18 months after the +date of enactment of this Act, the Secretary, in consultation +with the Secretary of Agriculture, the Secretary of Health and +Human Services, and the head of each other department or agency +determined to be appropriate by the Secretary, shall submit to +Congress-- + (1) a report on the progress made in implementing + this section; and + (2) a plan to complete implementation of this + section. + +SEC. 428. [6 U.S.C. 236] VISA ISSUANCE. + + (a) Definition.--In this subsection, the term ``consular +office'' has the meaning given that term under section +101(a)(9) of the Immigration and Nationality Act (8 U.S.C. +1101(a)(9)). + (b) In General.--Notwithstanding section 104(a) of the +Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other +provision of law, and except as provided in subsection (c) of +this section, the Secretary-- + (1) shall be vested exclusively with all + authorities to issue regulations with respect to, + administer, and enforce the provisions of such Act, and + of all other immigration and nationality laws, relating + to the functions of consular officers of the United + States in connection with the granting or refusal of + visas, and shall have the authority to refuse visas in + accordance with law and to develop programs of homeland + security training for consular officers (in addition to + consular training provided by the Secretary of State), + which authorities shall be exercised through the + Secretary of State, except that the Secretary shall not + have authority to alter or reverse the decision of a + consular officer to refuse a visa to an alien; and + (2) shall have authority to confer or impose upon + any officer or employee of the United States, with the + consent of the head of the executive agency under whose + jurisdiction such officer or employee is serving, any + of the functions specified in paragraph (1). + (c) Authority of the Secretary of State.-- + (1) In general.--Notwithstanding subsection (b), + the Secretary of State may direct a consular officer to + refuse a visa to an alien if the Secretary of State + deems such refusal necessary or advisable in the + foreign policy or security interests of the United + States. + (2) Construction regarding authority.--Nothing in + this section, consistent with the Secretary of Homeland + Security's authority to refuse visas in accordance with + law, shall be construed as affecting the authorities of + the Secretary of State under the following provisions + of law: + (A) Section 101(a)(15)(A) of the + Immigration and Nationality Act (8 U.S.C. + 1101(a)(15)(A)). + (B) Section 204(d)(2) of the Immigration + and Nationality Act (8 U.S.C. 1154) (as it will + take effect upon the entry into force of the + Convention on Protection of Children and + Cooperation in Respect to Inter-Country + adoption). + (C) Section 212(a)(3)(B)(i)(IV)(bb) of the + Immigration and Nationality Act (8 U.S.C. + 1182(a)(3)(B)(i)(IV)(bb)). + (D) Section 212(a)(3)(B)(i)(VI) of the + Immigration and Nationality Act (8 U.S.C. + 1182(a)(3)(B)(i)(VI)). + (E) Section 212(a)(3)(B)(vi)(II) of the + Immigration and Nationality Act (8 U.S.C. + 1182(a)(3)(B)(vi)(II)). + (F) Section 212(a)(3)(C) of the Immigration + and Nationality Act (8 U.S.C. 1182(a)(3)(C)). + (G) Section 212(a)(10)(C) of the + Immigration and Nationality Act (8 U.S.C. + 1182(a)(10)(C)). + (H) Section 212(f) of the Immigration and + Nationality Act (8 U.S.C. 1182(f)). + (I) Section 219(a) of the Immigration and + Nationality Act (8 U.S.C. 1189(a)). + (J) Section 237(a)(4)(C) of the Immigration + and Nationality Act (8 U.S.C. 1227(a)(4)(C)). + (K) Section 401 of the Cuban Liberty and + Democratic Solidarity (LIBERTAD) Act of 1996 + (22 U.S.C. 6034; Public Law 104-114). + (L) Section 613 of the Departments of + Commerce, Justice, and State, the Judiciary and + Related Agencies Appropriations Act, 1999 (as + contained in section 101(b) of division A of + Public Law 105-277) (Omnibus Consolidated and + Emergency Supplemental Appropriations Act, + 1999); 112 Stat. 2681; H.R. 4328 (originally + H.R. 4276) as amended by section 617 of Public + Law 106-553. + (M) Section 103(f) of the Chemical Weapon + Convention Implementation Act of 1998 (112 + Stat. 2681-865). + (N) Section 801 of H.R. 3427, the Admiral + James W. Nance and Meg Donovan Foreign + Relations Authorization Act, Fiscal Years 2000 + and 2001, as enacted by reference in Public Law + 106-113. + (O) Section 568 of the Foreign Operations, + Export Financing, and Related Programs + Appropriations Act, 2002 (Public Law 107-115). + (P) Section 51 of the State Department + Basic Authorities Act of 1956 (22 U.S.C. 2723). + (d) Consular Officers and Chiefs of Missions.-- + (1) In general.--Nothing in this section may be + construed to alter or affect-- + (A) the employment status of consular + officers as employees of the Department of + State; or + (B) the authority of a chief of mission + under section 207 of the Foreign Service Act of + 1980 (22 U.S.C. 3927). + (2) Construction regarding delegation of + authority.--Nothing in this section shall be construed + to affect any delegation of authority to the Secretary + of State by the President pursuant to any proclamation + issued under section 212(f) of the Immigration and + Nationality Act (8 U.S.C. 1182(f)), consistent with the + Secretary of Homeland Security's authority to refuse + visas in accordance with law. + (e) Assignment of Homeland Security Employees to Diplomatic +and Consular Posts.-- + (1) In general.--The Secretary is authorized to + assign employees of the Department to each diplomatic + and consular post at which visas are issued, unless the + Secretary determines that such an assignment at a + particular post would not promote homeland security. + (2) Functions.--Employees assigned under paragraph + (1) shall perform the following functions: + (A) Provide expert advice and training to + consular officers regarding specific security + threats relating to the adjudication of + individual visa applications or classes of + applications. + (B) Review any such applications, either on + the initiative of the employee of the + Department or upon request by a consular + officer or other person charged with + adjudicating such applications. + (C) Conduct investigations with respect to + consular matters under the jurisdiction of the + Secretary. + (3) Evaluation of consular officers.--The Secretary + of State shall evaluate, in consultation with the + Secretary, as deemed appropriate by the Secretary, the + performance of consular officers with respect to the + processing and adjudication of applications for visas + in accordance with performance standards developed by + the Secretary for these procedures. + (4) Report.--The Secretary shall, on an annual + basis, submit a report to Congress that describes the + basis for each determination under paragraph (1) that + the assignment of an employee of the Department at a + particular diplomatic post would not promote homeland + security. + (5) Permanent assignment; participation in + terrorist lookout committee.--When appropriate, + employees of the Department assigned to perform + functions described in paragraph (2) may be assigned + permanently to overseas diplomatic or consular posts + with country-specific or regional responsibility. If + the Secretary so directs, any such employee, when + present at an overseas post, shall participate in the + terrorist lookout committee established under section + 304 of the Enhanced Border Security and Visa Entry + Reform Act of 2002 (8 U.S.C. 1733). + (6) Training and hiring.-- + (A) In general.--The Secretary shall + ensure, to the extent possible, that any + employees of the Department assigned to perform + functions under paragraph (2) and, as + appropriate, consular officers, shall be + provided the necessary training to enable them + to carry out such functions, including training + in foreign languages, interview techniques, and + fraud detection techniques, in conditions in + the particular country where each employee is + assigned, and in other appropriate areas of + study. + (B) Use of center.--The Secretary is + authorized to use the National Foreign Affairs + Training Center, on a reimbursable basis, to + obtain the training described in subparagraph + (A). + (7) Report.--Not later than 1 year after the date + of enactment of this Act, the Secretary and the + Secretary of State shall submit to Congress-- + (A) a report on the implementation of this + subsection; and + (B) any legislative proposals necessary to + further the objectives of this subsection. + (8) Effective date.--This subsection shall take + effect on the earlier of-- + (A) the date on which the President + publishes notice in the Federal Register that + the President has submitted a report to + Congress setting forth a memorandum of + understanding between the Secretary and the + Secretary of State governing the implementation + of this section; or + (B) the date occurring 1 year after the + date of enactment of this Act. + (f) No Creation of Private Right of Action.--Nothing in +this section shall be construed to create or authorize a +private right of action to challenge a decision of a consular +officer or other United States official or employee to grant or +deny a visa. + (g) Study Regarding Use of Foreign Nationals.-- + (1) In general.--The Secretary of Homeland Security + shall conduct a study of the role of foreign nationals + in the granting or refusal of visas and other documents + authorizing entry of aliens into the United States. The + study shall address the following: + (A) The proper role, if any, of foreign + nationals in the process of rendering decisions + on such grants and refusals. + (B) Any security concerns involving the + employment of foreign nationals. + (C) Whether there are cost-effective + alternatives to the use of foreign nationals. + (2) Report.--Not later than 1 year after the date + of the enactment of this Act, the Secretary shall + submit a report containing the findings of the study + conducted under paragraph (1) to the Committee on the + Judiciary, the Committee on International Relations, + and the Committee on Government Reform of the House of + Representatives, and the Committee on the Judiciary, + the Committee on Foreign Relations, and the Committee + on Government Affairs of the Senate. + (h) Report.--Not later than 120 days after the date of the +enactment of this Act, the Director of the Office of Science +and Technology Policy shall submit to Congress a report on how +the provisions of this section will affect procedures for the +issuance of student visas. + (i) Visa Issuance Program for Saudi Arabia.-- +Notwithstanding any other provision of law, after the date of +the enactment of this Act all third party screening programs in +Saudi Arabia shall be terminated. On-site personnel of the +Department of Homeland Security shall review all visa +applications prior to adjudication. + +SEC. 429. [6 U.S.C. 237] INFORMATION ON VISA DENIALS REQUIRED TO BE + ENTERED INTO ELECTRONIC DATA SYSTEM. + + (a) In General.--Whenever a consular officer of the United +States denies a visa to an applicant, the consular officer +shall enter the fact and the basis of the denial and the name +of the applicant into the interoperable electronic data system +implemented under section 202(a) of the Enhanced Border +Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722(a)). + (b) Prohibition.--In the case of any alien with respect to +whom a visa has been denied under subsection (a)-- + (1) no subsequent visa may be issued to the alien + unless the consular officer considering the alien's + visa application has reviewed the information + concerning the alien placed in the interoperable + electronic data system, has indicated on the alien's + application that the information has been reviewed, and + has stated for the record why the visa is being issued + or a waiver of visa ineligibility recommended in spite + of that information; and + (2) the alien may not be admitted to the United + States without a visa issued in accordance with the + procedures described in paragraph (1). + +SEC. 430. [6 U.S.C. 238] OFFICE FOR DOMESTIC PREPAREDNESS. + + (a) In General.--The Office for Domestic Preparedness shall +be within the Directorate of Border and Transportation +Security. + (b) Director.--There shall be a Director of the Office for +Domestic Preparedness, who shall be appointed by the President, +by and with the advice and consent of the Senate. The Director +of the Office for Domestic Preparedness shall report directly +to the Under Secretary for Border and Transportation Security. + (c) Responsibilities.--The Office for Domestic Preparedness +shall have the primary responsibility within the executive +branch of Government for the preparedness of the United States +for acts of terrorism, including-- + (1) coordinating preparedness efforts at the + Federal level, and working with all State, local, + tribal, parish, and private sector emergency response + providers on all matters pertaining to combating + terrorism, including training, exercises, and equipment + support; + (2) coordinating or, as appropriate, consolidating + communications and systems of communications relating + to homeland security at all levels of government; + (3) directing and supervising terrorism + preparedness grant programs of the Federal Government + (other than those programs administered by the + Department of Health and Human Services) for all + emergency response providers; + (4) incorporating the Strategy priorities into + planning guidance on an agency level for the + preparedness efforts of the Office for Domestic + Preparedness; + (5) providing agency-specific training for agents + and analysts within the Department, other agencies, and + State and local agencies and international entities; + (6) as the lead executive branch agency for + preparedness of the United States for acts of + terrorism, cooperating closely with the Federal + Emergency Management Agency, which shall have the + primary responsibility within the executive branch to + prepare for and mitigate the effects of nonterrorist- + related disasters in the United States; + (7) assisting and supporting the Secretary, in + coordination with other Directorates and entities + outside the Department, in conducting appropriate risk + analysis and risk management activities of State, + local, and tribal governments consistent with the + mission and functions of the Directorate; + (8) those elements of the Office of National + Preparedness of the Federal Emergency Management Agency + which relate to terrorism, which shall be consolidated + within the Department in the Office for Domestic + Preparedness established under this section; and + (9) helping to ensure the acquisition of + interoperable communication technology by State and + local governments and emergency response providers. + (d) Fiscal Years 2003 and 2004.--During fiscal year 2003 +and fiscal year 2004, the Director of the Office for Domestic +Preparedness established under this section shall manage and +carry out those functions of the Office for Domestic +Preparedness of the Department of Justice (transferred under +this section) before September 11, 2001, under the same terms, +conditions, policies, and authorities, and with the required +level of personnel, assets, and budget before September 11, +2001. + +SEC. 431. [6 U.S.C. 239] OFFICE OF CARGO SECURITY POLICY. + + (a) Establishment.--There is established within the +Department an Office of Cargo Security Policy (referred to in +this section as the ``Office''). + (b) Purpose.--The Office shall-- + (1) coordinate all Department policies relating to + cargo security; and + (2) consult with stakeholders and coordinate with + other Federal agencies in the establishment of + standards and regulations and to promote best + practices. + (c) Director.-- + (1) Appointment.--The Office shall be headed by a + Director, who shall-- + (A) be appointed by the Secretary; and + (B) report to the Assistant Secretary for + Policy. + (2) Responsibilities.--The Director shall-- + (A) advise the Assistant Secretary for + Policy in the development of Department-wide + policies regarding cargo security; + (B) coordinate all policies relating to + cargo security among the agencies and offices + within the Department relating to cargo + security; and + (C) coordinate the cargo security policies + of the Department with the policies of other + executive agencies. + + Subtitle D--Immigration Enforcement Functions + +SEC. 441. [6 U.S.C. 251] TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR + BORDER AND TRANSPORTATION SECURITY. + + In accordance with title XV (relating to transition +provisions), there shall be transferred from the Commissioner +of Immigration and Naturalization to the Under Secretary for +Border and Transportation Security all functions performed +under the following programs, and all personnel, assets, and +liabilities pertaining to such programs, immediately before +such transfer occurs: + (1) The Border Patrol program. + (2) The detention and removal program. + (3) The intelligence program. + (4) The investigations program. + (5) The inspections program. + +SEC. 442. [6 U.S.C. 252] ESTABLISHMENT OF BUREAU OF BORDER SECURITY. + + (a) Establishment of Bureau.-- + (1) In general.--There shall be in the Department + of Homeland Security a bureau to be known as the + ``Bureau of Border Security''. + (2) Assistant secretary.--The head of the Bureau of + Border Security shall be the Assistant Secretary of the + Bureau of Border Security, who-- + (A) shall report directly to the Under + Secretary for Border and Transportation + Security; and + (B) shall have a minimum of 5 years + professional experience in law enforcement, and + a minimum of 5 years of management experience. + (3) Functions.--The Assistant Secretary of the + Bureau of Border Security-- + (A) shall establish the policies for + performing such functions as are-- + (i) transferred to the Under + Secretary for Border and Transportation + Security by section 441 and delegated + to the Assistant Secretary by the Under + Secretary for Border and Transportation + Security; or + (ii) otherwise vested in the + Assistant Secretary by law; + (B) shall oversee the administration of + such policies; and + (C) shall advise the Under Secretary for + Border and Transportation Security with respect + to any policy or operation of the Bureau of + Border Security that may affect the Bureau of + Citizenship and Immigration Services + established under subtitle E, including + potentially conflicting policies or operations. + (4) Program to collect information relating to + foreign students.--The Assistant Secretary of the + Bureau of Border Security shall be responsible for + administering the program to collect information + relating to nonimmigrant foreign students and other + exchange program participants described in section 641 + of the Illegal Immigration Reform and Immigrant + Responsibility Act of 1996 (8 U.S.C. 1372), including + the Student and Exchange Visitor Information System + established under that section, and shall use such + information to carry out the enforcement functions of + the Bureau. + (5) Managerial rotation program.-- + (A) In general.--Not later than 1 year + after the date on which the transfer of + functions specified under section 441 takes + effect, the Assistant Secretary of the Bureau + of Border Security shall design and implement a + managerial rotation program under which + employees of such bureau holding positions + involving supervisory or managerial + responsibility and classified, in accordance + with chapter 51 of title 5, United States Code, + as a GS-14 or above, shall-- + (i) gain some experience in all the + major functions performed by such + bureau; and + (ii) work in at least one local + office of such bureau. + (B) Report.--Not later than 2 years after + the date on which the transfer of functions + specified under section 441 takes effect, the + Secretary shall submit a report to the Congress + on the implementation of such program. + (b) Chief of Policy and Strategy.-- + (1) In general.--There shall be a position of Chief + of Policy and Strategy for the Bureau of Border + Security. + (2) Functions.--In consultation with Bureau of + Border Security personnel in local offices, the Chief + of Policy and Strategy shall be responsible for-- + (A) making policy recommendations and + performing policy research and analysis on + immigration enforcement issues; and + (B) coordinating immigration policy issues + with the Chief of Policy and Strategy for the + Bureau of Citizenship and Immigration Services + (established under subtitle E), as appropriate. + (c) Legal Advisor.--There shall be a principal legal +advisor to the Assistant Secretary of the Bureau of Border +Security. The legal advisor shall provide specialized legal +advice to the Assistant Secretary of the Bureau of Border +Security and shall represent the bureau in all exclusion, +deportation, and removal proceedings before the Executive +Office for Immigration Review. + +SEC. 443. [6 U.S.C. 253] PROFESSIONAL RESPONSIBILITY AND QUALITY + REVIEW. + + The Under Secretary for Border and Transportation Security +shall be responsible for-- + (1) conducting investigations of noncriminal + allegations of misconduct, corruption, and fraud + involving any employee of the Bureau of Border Security + that are not subject to investigation by the Inspector + General for the Department; + (2) inspecting the operations of the Bureau of + Border Security and providing assessments of the + quality of the operations of such bureau as a whole and + each of its components; and + (3) providing an analysis of the management of the + Bureau of Border Security. + +SEC. 444. [6 U.S.C. 254] EMPLOYEE DISCIPLINE. + + The Under Secretary for Border and Transportation Security +may, notwithstanding any other provision of law, impose +disciplinary action, including termination of employment, +pursuant to policies and procedures applicable to employees of +the Federal Bureau of Investigation, on any employee of the +Bureau of Border Security who willfully deceives the Congress +or agency leadership on any matter. + +SEC. 445. [6 U.S.C. 255] REPORT ON IMPROVING ENFORCEMENT FUNCTIONS. + + (a) In General.--The Secretary, not later than 1 year after +being sworn into office, shall submit to the Committees on +Appropriations and the Judiciary of the House of +Representatives and of the Senate a report with a plan +detailing how the Bureau of Border Security, after the transfer +of functions specified under section 441 takes effect, will +enforce comprehensively, effectively, and fairly all the +enforcement provisions of the Immigration and Nationality Act +(8 U.S.C. 1101 et seq.) relating to such functions. + (b) Consultation.--In carrying out subsection (a), the +Secretary of Homeland Security shall consult with the Attorney +General, the Secretary of State, the Director of the Federal +Bureau of Investigation, the Secretary of the Treasury, the +Secretary of Labor, the Commissioner of Social Security, the +Director of the Executive Office for Immigration Review, and +the heads of State and local law enforcement agencies to +determine how to most effectively conduct enforcement +operations. + +SEC. 446. [6 U.S.C. 256] SENSE OF CONGRESS REGARDING CONSTRUCTION OF + FENCING NEAR SAN DIEGO, CALIFORNIA. + + It is the sense of the Congress that completing the 14-mile +border fence project required to be carried out under section +102(b) of the Illegal Immigration Reform and Immigrant +Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a +priority for the Secretary. + + Subtitle E--Citizenship and Immigration Services + +SEC. 451. [6 U.S.C. 271] ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND + IMMIGRATION SERVICES. + + (a) Establishment of Bureau.-- + (1) In general.--There shall be in the Department a + bureau to be known as the ``Bureau of Citizenship and + Immigration Services''. + (2) Director.--The head of the Bureau of + Citizenship and Immigration Services shall be the + Director of the Bureau of Citizenship and Immigration + Services, who-- + (A) shall report directly to the Deputy + Secretary; + (B) shall have a minimum of 5 years of + management experience; and + (C) shall be paid at the same level as the + Assistant Secretary of the Bureau of Border + Security. + (3) Functions.--The Director of the Bureau of + Citizenship and Immigration Services-- + (A) shall establish the policies for + performing such functions as are transferred to + the Director by this section or this Act or + otherwise vested in the Director by law; + (B) shall oversee the administration of + such policies; + (C) shall advise the Deputy Secretary with + respect to any policy or operation of the + Bureau of Citizenship and Immigration Services + that may affect the Bureau of Border Security + of the Department, including potentially + conflicting policies or operations; + (D) shall establish national immigration + services policies and priorities; + (E) shall meet regularly with the Ombudsman + described in section 452 to correct serious + service problems identified by the Ombudsman; + and + (F) shall establish procedures requiring a + formal response to any recommendations + submitted in the Ombudsman's annual report to + Congress within 3 months after its submission + to Congress. + (4) Managerial rotation program.-- + (A) In general.--Not later than 1 year + after the effective date specified in section + 455, the Director of the Bureau of Citizenship + and Immigration Services shall design and + implement a managerial rotation program under + which employees of such bureau holding + positions involving supervisory or managerial + responsibility and classified, in accordance + with chapter 51 of title 5, United States Code, + as a GS-14 or above, shall-- + (i) gain some experience in all the + major functions performed by such + bureau; and + (ii) work in at least one field + office and one service center of such + bureau. + (B) Report.--Not later than 2 years after + the effective date specified in section 455, + the Secretary shall submit a report to Congress + on the implementation of such program. + (5) Pilot initiatives for backlog elimination.--The + Director of the Bureau of Citizenship and Immigration + Services is authorized to implement innovative pilot + initiatives to eliminate any remaining backlog in the + processing of immigration benefit applications, and to + prevent any backlog in the processing of such + applications from recurring, in accordance with section + 204(a) of the Immigration Services and Infrastructure + Improvements Act of 2000 (8 U.S.C. 1573(a)). Such + initiatives may include measures such as increasing + personnel, transferring personnel to focus on areas + with the largest potential for backlog, and + streamlining paperwork. + (b) Transfer of Functions From Commissioner.--In accordance +with title XV (relating to transition provisions), there are +transferred from the Commissioner of Immigration and +Naturalization to the Director of the Bureau of Citizenship and +Immigration Services the following functions, and all +personnel, infrastructure, and funding provided to the +Commissioner in support of such functions immediately before +the effective date specified in section 455: + (1) Adjudications of immigrant visa petitions. + (2) Adjudications of naturalization petitions. + (3) Adjudications of asylum and refugee + applications. + (4) Adjudications performed at service centers. + (5) All other adjudications performed by the + Immigration and Naturalization Service immediately + before the effective date specified in section 455. + (c) Chief of Policy and Strategy.-- + (1) In general.--There shall be a position of Chief + of Policy and Strategy for the Bureau of Citizenship + and Immigration Services. + (2) Functions.--In consultation with Bureau of + Citizenship and Immigration Services personnel in field + offices, the Chief of Policy and Strategy shall be + responsible for-- + (A) making policy recommendations and + performing policy research and analysis on + immigration services issues; and + (B) coordinating immigration policy issues + with the Chief of Policy and Strategy for the + Bureau of Border Security of the Department. + (d) Legal Advisor.-- + (1) In general.--There shall be a principal legal + advisor to the Director of the Bureau of Citizenship + and Immigration Services. + (2) Functions.--The legal advisor shall be + responsible for-- + (A) providing specialized legal advice, + opinions, determinations, regulations, and any + other assistance to the Director of the Bureau + of Citizenship and Immigration Services with + respect to legal matters affecting the Bureau + of Citizenship and Immigration Services; and + (B) representing the Bureau of Citizenship + and Immigration Services in visa petition + appeal proceedings before the Executive Office + for Immigration Review. + (e) Budget Officer.-- + (1) In general.--There shall be a Budget Officer + for the Bureau of Citizenship and Immigration Services. + (2) Functions.-- + (A) In general.--The Budget Officer shall + be responsible for-- + (i) formulating and executing the + budget of the Bureau of Citizenship and + Immigration Services; + (ii) financial management of the + Bureau of Citizenship and Immigration + Services; and + (iii) collecting all payments, + fines, and other debts for the Bureau + of Citizenship and Immigration + Services. + (f) Chief of Office of Citizenship.-- + (1) In general.--There shall be a position of Chief + of the Office of Citizenship for the Bureau of + Citizenship and Immigration Services. + (2) Functions.--The Chief of the Office of + Citizenship for the Bureau of Citizenship and + Immigration Services shall be responsible for promoting + instruction and training on citizenship + responsibilities for aliens interested in becoming + naturalized citizens of the United States, including + the development of educational materials. + (g) \1\ Office of the FBI Liaison.-- +--------------------------------------------------------------------------- + \1\ Subsection (g) of section 451 was added by section 2(a) of +Public Law 110-382. Section 4 of such Public Law provides: + +SEC. 4. SUNSET PROVISION. +--------------------------------------------------------------------------- + This Act and the amendments made by this Act are repealed on the +date that is 5 years after the date of the enactment of this Act. +[enactment date is October 9, 2008] +--------------------------------------------------------------------------- + (1) In general.--There shall be an Office of the + FBI Liaison in the Department of Homeland Security. + (2) Functions.--The Office of the FBI Liaison shall + monitor the progress of the functions of the Federal + Bureau of Investigation in the naturalization process + to assist in the expeditious completion of all such + functions pertaining to naturalization applications + filed by, or on behalf of-- + (A) current or former members of the Armed + Forces under section 328 or 329 of the + Immigration and Nationality Act (8 U.S.C. 1439 + and 1440); + (B) current spouses of United States + citizens who are currently serving on active + duty in the Armed Forces, who qualify for + naturalization under section 319(b) of the + Immigration and Nationality Act (8 U.S.C. + 1430(b)), and surviving spouses and children + who qualify for naturalization under section + 319(d) of such Act; or + (C) a deceased individual who is eligible + for posthumous citizenship under section 329A + of the Immigration and Nationality Act (8 + U.S.C. 1440-1). + (3) Authorization of appropriations.--There are + authorized to be appropriated such sums as may be + necessary to carry out this subsection. + +SEC. 452. [6 U.S.C. 272] CITIZENSHIP AND IMMIGRATION SERVICES + OMBUDSMAN. + + (a) In General.--Within the Department, there shall be a +position of Citizenship and Immigration Services Ombudsman (in +this section referred to as the ``Ombudsman''). The Ombudsman +shall report directly to the Deputy Secretary. The Ombudsman +shall have a background in customer service as well as +immigration law. + (b) Functions.--It shall be the function of the Ombudsman-- + (1) to assist individuals and employers in + resolving problems with the Bureau of Citizenship and + Immigration Services; + (2) to identify areas in which individuals and + employers have problems in dealing with the Bureau of + Citizenship and Immigration Services; and + (3) to the extent possible, to propose changes in + the administrative practices of the Bureau of + Citizenship and Immigration Services to mitigate + problems identified under paragraph (2). + (c) Annual Reports.-- + (1) Objectives.--Not later than June 30 of each + calendar year, the Ombudsman shall report to the + Committee on the Judiciary of the House of + Representatives and the Senate on the objectives of the + Office of the Ombudsman for the fiscal year beginning + in such calendar year. Any such report shall contain + full and substantive analysis, in addition to + statistical information, and-- + (A) shall identify the recommendations the + Office of the Ombudsman has made on improving + services and responsiveness of the Bureau of + Citizenship and Immigration Services; + (B) shall contain a summary of the most + pervasive and serious problems encountered by + individuals and employers, including a + description of the nature of such problems; + (C) shall contain an inventory of the items + described in subparagraphs (A) and (B) for + which action has been taken and the result of + such action; + (D) shall contain an inventory of the items + described in subparagraphs (A) and (B) for + which action remains to be completed and the + period during which each item has remained on + such inventory; + (E) shall contain an inventory of the items + described in subparagraphs (A) and (B) for + which no action has been taken, the period + during which each item has remained on such + inventory, the reasons for the inaction, and + shall identify any official of the Bureau of + Citizenship and Immigration Services who is + responsible for such inaction; + (F) shall contain recommendations for such + administrative action as may be appropriate to + resolve problems encountered by individuals and + employers, including problems created by + excessive backlogs in the adjudication and + processing of immigration benefit petitions and + applications; and + (G) shall include such other information as + the Ombudsman may deem advisable. + (2) Report to be submitted directly.--Each report + required under this subsection shall be provided + directly to the committees described in paragraph (1) + without any prior comment or amendment from the + Secretary, Deputy Secretary, Director of the Bureau of + Citizenship and Immigration Services, or any other + officer or employee of the Department or the Office of + Management and Budget. + (d) Other Responsibilities.--The Ombudsman-- + (1) shall monitor the coverage and geographic + allocation of local offices of the Ombudsman; + (2) shall develop guidance to be distributed to all + officers and employees of the Bureau of Citizenship and + Immigration Services outlining the criteria for + referral of inquiries to local offices of the + Ombudsman; + (3) shall ensure that the local telephone number + for each local office of the Ombudsman is published and + available to individuals and employers served by the + office; and + (4) shall meet regularly with the Director of the + Bureau of Citizenship and Immigration Services to + identify serious service problems and to present + recommendations for such administrative action as may + be appropriate to resolve problems encountered by + individuals and employers. + (e) Personnel Actions.-- + (1) In general.--The Ombudsman shall have the + responsibility and authority-- + (A) to appoint local ombudsmen and make + available at least 1 such ombudsman for each + State; and + (B) to evaluate and take personnel actions + (including dismissal) with respect to any + employee of any local office of the Ombudsman. + (2) Consultation.--The Ombudsman may consult with + the appropriate supervisory personnel of the Bureau of + Citizenship and Immigration Services in carrying out + the Ombudsman's responsibilities under this subsection. + (f) Responsibilities of Bureau of Citizenship and +Immigration Services.--The Director of the Bureau of +Citizenship and Immigration Services shall establish procedures +requiring a formal response to all recommendations submitted to +such director by the Ombudsman within 3 months after submission +to such director. + (g) Operation of Local Offices.-- + (1) In general.--Each local ombudsman-- + (A) shall report to the Ombudsman or the + delegate thereof; + (B) may consult with the appropriate + supervisory personnel of the Bureau of + Citizenship and Immigration Services regarding + the daily operation of the local office of such + ombudsman; + (C) shall, at the initial meeting with any + individual or employer seeking the assistance + of such local office, notify such individual or + employer that the local offices of the + Ombudsman operate independently of any other + component of the Department and report directly + to Congress through the Ombudsman; and + (D) at the local ombudsman's discretion, + may determine not to disclose to the Bureau of + Citizenship and Immigration Services contact + with, or information provided by, such + individual or employer. + (2) Maintenance of independent communications.-- + Each local office of the Ombudsman shall maintain a + phone, facsimile, and other means of electronic + communication access, and a post office address, that + is separate from those maintained by the Bureau of + Citizenship and Immigration Services, or any component + of the Bureau of Citizenship and Immigration Services. + +SEC. 453. [6 U.S.C. 273] PROFESSIONAL RESPONSIBILITY AND QUALITY + REVIEW. + + (a) In General.--The Director of the Bureau of Citizenship +and Immigration Services shall be responsible for-- + (1) conducting investigations of noncriminal + allegations of misconduct, corruption, and fraud + involving any employee of the Bureau of Citizenship and + Immigration Services that are not subject to + investigation by the Inspector General for the + Department; + (2) inspecting the operations of the Bureau of + Citizenship and Immigration Services and providing + assessments of the quality of the operations of such + bureau as a whole and each of its components; and + (3) providing an analysis of the management of the + Bureau of Citizenship and Immigration Services. + (b) Special Considerations.--In providing assessments in +accordance with subsection (a)(2) with respect to a decision of +the Bureau of Citizenship and Immigration Services, or any of +its components, consideration shall be given to-- + (1) the accuracy of the findings of fact and + conclusions of law used in rendering the decision; + (2) any fraud or misrepresentation associated with + the decision; and + (3) the efficiency with which the decision was + rendered. + +SEC. 454. [6 U.S.C. 274] EMPLOYEE DISCIPLINE. + + The Director of the Bureau of Citizenship and Immigration +Services may, notwithstanding any other provision of law, +impose disciplinary action, including termination of +employment, pursuant to policies and procedures applicable to +employees of the Federal Bureau of Investigation, on any +employee of the Bureau of Citizenship and Immigration Services +who willfully deceives Congress or agency leadership on any +matter. + +SEC. 455. [6 U.S.C. 271 NOTE] EFFECTIVE DATE. + + Notwithstanding section 4, sections 451 through 456, and +the amendments made by such sections, shall take effect on the +date on which the transfer of functions specified under section +441 takes effect. + +SEC. 456. [6 U.S.C. 275] TRANSITION. + + (a) References.--With respect to any function transferred +by this subtitle to, and exercised on or after the effective +date specified in section 455 by, the Director of the Bureau of +Citizenship and Immigration Services, any reference in any +other Federal law, Executive order, rule, regulation, or +delegation of authority, or any document of or pertaining to a +component of government from which such function is +transferred-- + (1) to the head of such component is deemed to + refer to the Director of the Bureau of Citizenship and + Immigration Services; or + (2) to such component is deemed to refer to the + Bureau of Citizenship and Immigration Services. + (b) Other Transition Issues.-- + (1) Exercise of authorities.--Except as otherwise + provided by law, a Federal official to whom a function + is transferred by this subtitle may, for purposes of + performing the function, exercise all authorities under + any other provision of law that were available with + respect to the performance of that function to the + official responsible for the performance of the + function immediately before the effective date + specified in section 455. + (2) Transfer and allocation of appropriations and + personnel.--The personnel of the Department of Justice + employed in connection with the functions transferred + by this subtitle (and functions that the Secretary + determines are properly related to the functions of the + Bureau of Citizenship and Immigration Services), and + the assets, liabilities, contracts, property, records, + and unexpended balance of appropriations, + authorizations, allocations, and other funds employed, + held, used, arising from, available to, or to be made + available to, the Immigration and Naturalization + Service in connection with the functions transferred by + this subtitle, subject to section 202 of the Budget and + Accounting Procedures Act of 1950, shall be transferred + to the Director of the Bureau of Citizenship and + Immigration Services for allocation to the appropriate + component of the Department. Unexpended funds + transferred pursuant to this paragraph shall be used + only for the purposes for which the funds were + originally authorized and appropriated. The Secretary + shall have the right to adjust or realign transfers of + funds and personnel effected pursuant to this subtitle + for a period of 2 years after the effective date + specified in section 455. + * * * * * * * + +SEC. 459. [6 U.S.C. 276] REPORT ON IMPROVING IMMIGRATION SERVICES. + + (a) In General.--The Secretary, not later than 1 year after +the effective date of this Act, shall submit to the Committees +on the Judiciary and Appropriations of the House of +Representatives and of the Senate a report with a plan +detailing how the Bureau of Citizenship and Immigration +Services, after the transfer of functions specified in this +subtitle takes effect, will complete efficiently, fairly, and +within a reasonable time, the adjudications described in +paragraphs (1) through (5) of section 451(b). + (b) Contents.--For each type of adjudication to be +undertaken by the Director of the Bureau of Citizenship and +Immigration Services, the report shall include the following: + (1) Any potential savings of resources that may be + implemented without affecting the quality of the + adjudication. + (2) The goal for processing time with respect to + the application. + (3) Any statutory modifications with respect to the + adjudication that the Secretary considers advisable. + (c) Consultation.--In carrying out subsection (a), the +Secretary shall consult with the Secretary of State, the +Secretary of Labor, the Assistant Secretary of the Bureau of +Border Security of the Department, and the Director of the +Executive Office for Immigration Review to determine how to +streamline and improve the process for applying for and making +adjudications described in section 451(b) and related +processes. + +SEC. 460. [6 U.S.C. 277] REPORT ON RESPONDING TO FLUCTUATING NEEDS. + + Not later than 30 days after the date of the enactment of +this Act, the Attorney General shall submit to Congress a +report on changes in law, including changes in authorizations +of appropriations and in appropriations, that are needed to +permit the Immigration and Naturalization Service, and, after +the transfer of functions specified in this subtitle takes +effect, the Bureau of Citizenship and Immigration Services of +the Department, to ensure a prompt and timely response to +emergent, unforeseen, or impending changes in the number of +applications for immigration benefits, and otherwise to ensure +the accommodation of changing immigration service needs. + +SEC. 461. [6 U.S.C. 278] APPLICATION OF INTERNET-BASED TECHNOLOGIES. + + (a) Establishment of Tracking System.--The Secretary, not +later than 1 year after the effective date of this Act, in +consultation with the Technology Advisory Committee established +under subsection (c), shall establish an Internet-based system, +that will permit a person, employer, immigrant, or nonimmigrant +who has filings with the Secretary for any benefit under the +Immigration and Nationality Act (8 U.S.C. 1101 et seq.), access +to online information about the processing status of the filing +involved. + (b) Feasibility Study for Online Filing and Improved +Processing.-- + (1) Online filing.--The Secretary, in consultation + with the Technology Advisory Committee established + under subsection (c), shall conduct a feasibility study + on the online filing of the filings described in + subsection (a). The study shall include a review of + computerization and technology of the Immigration and + Naturalization Service relating to the immigration + services and processing of filings related to immigrant + services. The study shall also include an estimate of + the timeframe and cost and shall consider other factors + in implementing such a filing system, including the + feasibility of fee payment online. + (2) Report.--A report on the study under this + subsection shall be submitted to the Committees on the + Judiciary of the House of Representatives and the + Senate not later than 1 year after the effective date + of this Act. + (c) Technology Advisory Committee.-- + (1) Establishment.--The Secretary shall establish, + not later than 60 days after the effective date of this + Act, an advisory committee (in this section referred to + as the ``Technology Advisory Committee'') to assist the + Secretary in-- + (A) establishing the tracking system under + subsection (a); and + (B) conducting the study under subsection + (b). + The Technology Advisory Committee shall be established + after consultation with the Committees on the Judiciary + of the House of Representatives and the Senate. + (2) Composition.--The Technology Advisory Committee + shall be composed of representatives from high + technology companies capable of establishing and + implementing the system in an expeditious manner, and + representatives of persons who may use the tracking + system described in subsection (a) and the online + filing system described in subsection (b)(1). + +SEC. 462. [6 U.S.C. 279] CHILDREN'S AFFAIRS. + + (a) Transfer of Functions.--There are transferred to the +Director of the Office of Refugee Resettlement of the +Department of Health and Human Services functions under the +immigration laws of the United States with respect to the care +of unaccompanied alien children that were vested by statute in, +or performed by, the Commissioner of Immigration and +Naturalization (or any officer, employee, or component of the +Immigration and Naturalization Service) immediately before the +effective date specified in subsection (d). + (b) Functions.-- + (1) In general.--Pursuant to the transfer made by + subsection (a), the Director of the Office of Refugee + Resettlement shall be responsible for-- + (A) coordinating and implementing the care + and placement of unaccompanied alien children + who are in Federal custody by reason of their + immigration status, including developing a plan + to be submitted to Congress on how to ensure + that qualified and independent legal counsel is + timely appointed to represent the interests of + each such child, consistent with the law + regarding appointment of counsel that is in + effect on the date of the enactment of this + Act; + (B) ensuring that the interests of the + child are considered in decisions and actions + relating to the care and custody of an + unaccompanied alien child; + (C) making placement determinations for all + unaccompanied alien children who are in Federal + custody by reason of their immigration status; + (D) implementing the placement + determinations; + (E) implementing policies with respect to + the care and placement of unaccompanied alien + children; + (F) identifying a sufficient number of + qualified individuals, entities, and facilities + to house unaccompanied alien children; + (G) overseeing the infrastructure and + personnel of facilities in which unaccompanied + alien children reside; + (H) reuniting unaccompanied alien children + with a parent abroad in appropriate cases; + (I) compiling, updating, and publishing at + least annually a state-by-state list of + professionals or other entities qualified to + provide guardian and attorney representation + services for unaccompanied alien children; + (J) maintaining statistical information and + other data on unaccompanied alien children for + whose care and placement the Director is + responsible, which shall include-- + (i) biographical information, such + as a child's name, gender, date of + birth, country of birth, and country of + habitual residence; + (ii) the date on which the child + came into Federal custody by reason of + his or her immigration status; + (iii) information relating to the + child's placement, removal, or release + from each facility in which the child + has resided; + (iv) in any case in which the child + is placed in detention or released, an + explanation relating to the detention + or release; and + (v) the disposition of any actions + in which the child is the subject; + (K) collecting and compiling statistical + information from the Department of Justice, the + Department of Homeland Security, and the + Department of State on each department's + actions relating to unaccompanied alien + children; and + (L) conducting investigations and + inspections of facilities and other entities in + which unaccompanied alien children reside. + (2) Coordination with other entities; no release on + own recognizance.--In making determinations described + in paragraph (1)(C), the Director of the Office of + Refugee Resettlement-- + (A) shall consult with appropriate juvenile + justice professionals, the Director of the + Bureau of Citizenship and Immigration Services, + and the Assistant Secretary of the Bureau of + Border Security to ensure that such + determinations ensure that unaccompanied alien + children described in such subparagraph-- + (i) are likely to appear for all + hearings or proceedings in which they + are involved; + (ii) are protected from smugglers, + traffickers, or others who might seek + to victimize or otherwise engage them + in criminal, harmful, or exploitive + activity; and + (iii) are placed in a setting in + which they are not likely to pose a + danger to themselves or others; and + (B) shall not release such children upon + their own recognizance. + (3) Duties with respect to foster care.--In + carrying out the duties described in paragraph (1)(G), + the Director of the Office of Refugee Resettlement is + encouraged to use the refugee children foster care + system established pursuant to section 412(d) of the + Immigration and Nationality Act (8 U.S.C. 1522(d)) for + the placement of unaccompanied alien children. + (c) Rule of Construction.--Nothing in this section may be +construed to transfer the responsibility for adjudicating +benefit determinations under the Immigration and Nationality +Act (8 U.S.C. 1101 et seq.) from the authority of any official +of the Department of Justice, the Department of Homeland +Security, or the Department of State. + (d) Effective Date.--Notwithstanding section 4, this +section shall take effect on the date on which the transfer of +functions specified under section 441 takes effect. + (e) References.--With respect to any function transferred +by this section, any reference in any other Federal law, +Executive order, rule, regulation, or delegation of authority, +or any document of or pertaining to a component of government +from which such function is transferred-- + (1) to the head of such component is deemed to + refer to the Director of the Office of Refugee + Resettlement; or + (2) to such component is deemed to refer to the + Office of Refugee Resettlement of the Department of + Health and Human Services. + (f) Other Transition Issues.-- + (1) Exercise of authorities.--Except as otherwise + provided by law, a Federal official to whom a function + is transferred by this section may, for purposes of + performing the function, exercise all authorities under + any other provision of law that were available with + respect to the performance of that function to the + official responsible for the performance of the + function immediately before the effective date + specified in subsection (d). + (2) Savings provisions.--Subsections (a), (b), and + (c) of section 1512 shall apply to a transfer of + functions under this section in the same manner as such + provisions apply to a transfer of functions under this + Act to the Department of Homeland Security. + (3) Transfer and allocation of appropriations and + personnel.--The personnel of the Department of Justice + employed in connection with the functions transferred + by this section, and the assets, liabilities, + contracts, property, records, and unexpended balance of + appropriations, authorizations, allocations, and other + funds employed, held, used, arising from, available to, + or to be made available to, the Immigration and + Naturalization Service in connection with the functions + transferred by this section, subject to section 202 of + the Budget and Accounting Procedures Act of 1950, shall + be transferred to the Director of the Office of Refugee + Resettlement for allocation to the appropriate + component of the Department of Health and Human + Services. Unexpended funds transferred pursuant to this + paragraph shall be used only for the purposes for which + the funds were originally authorized and appropriated. + (g) Definitions.--As used in this section-- + (1) the term ``placement'' means the placement of + an unaccompanied alien child in either a detention + facility or an alternative to such a facility; and + (2) the term ``unaccompanied alien child'' means a + child who-- + (A) has no lawful immigration status in the + United States; + (B) has not attained 18 years of age; and + (C) with respect to whom-- + (i) there is no parent or legal + guardian in the United States; or + (ii) no parent or legal guardian in + the United States is available to + provide care and physical custody. + + Subtitle F--General Immigration Provisions + +SEC. 471. [6 U.S.C. 291] ABOLISHMENT OF INS. + + (a) In General.--Upon completion of all transfers from the +Immigration and Naturalization Service as provided for by this +Act, the Immigration and Naturalization Service of the +Department of Justice is abolished. + (b) Prohibition.--The authority provided by section 1502 +may be used to reorganize functions or organizational units +within the Bureau of Border Security or the Bureau of +Citizenship and Immigration Services, but may not be used to +recombine the two bureaus into a single agency or otherwise to +combine, join, or consolidate functions or organizational units +of the two bureaus with each other. + +SEC. 472. [6 U.S.C. 292] VOLUNTARY SEPARATION INCENTIVE PAYMENTS. + + (a) Definitions.--For purposes of this section-- + (1) the term ``employee'' means an employee (as + defined by section 2105 of title 5, United States Code) + who-- + (A) has completed at least 3 years of + current continuous service with 1 or more + covered entities; and + (B) is serving under an appointment without + time limitation, + but does not include any person under subparagraphs + (A)-(G) of section 663(a)(2) of Public Law 104-208 (5 + U.S.C. 5597 note); + (2) the term ``covered entity'' means-- + (A) the Immigration and Naturalization + Service; + (B) the Bureau of Border Security of the + Department of Homeland Security; and + (C) the Bureau of Citizenship and + Immigration Services of the Department of + Homeland Security; and + (3) the term ``transfer date'' means the date on + which the transfer of functions specified under section + 441 takes effect. + (b) Strategic Restructuring Plan.--Before the Attorney +General or the Secretary obligates any resources for voluntary +separation incentive payments under this section, such official +shall submit to the appropriate committees of Congress a +strategic restructuring plan, which shall include-- + (1) an organizational chart depicting the covered + entities after their restructuring pursuant to this + Act; + (2) a summary description of how the authority + under this section will be used to help carry out that + restructuring; and + (3) the information specified in section 663(b)(2) + of Public Law 104-208 (5 U.S.C. 5597 note). +As used in the preceding sentence, the ``appropriate committees +of Congress'' are the Committees on Appropriations, Government +Reform, and the Judiciary of the House of Representatives, and +the Committees on Appropriations, Governmental Affairs, and the +Judiciary of the Senate. + (c) Authority.--The Attorney General and the Secretary may, +to the extent necessary to help carry out their respective +strategic restructuring plan described in subsection (b), make +voluntary separation incentive payments to employees. Any such +payment-- + (1) shall be paid to the employee, in a lump sum, + after the employee has separated from service; + (2) shall be paid from appropriations or funds + available for the payment of basic pay of the employee; + (3) shall be equal to the lesser of-- + (A) the amount the employee would be + entitled to receive under section 5595(c) of + title 5, United States Code; or + (B) an amount not to exceed $25,000, as + determined by the Attorney General or the + Secretary; + (4) may not be made except in the case of any + qualifying employee who voluntarily separates (whether + by retirement or resignation) before the end of-- + (A) the 3-month period beginning on the + date on which such payment is offered or made + available to such employee; or + (B) the 3-year period beginning on the date + of the enactment of this Act, + whichever occurs first; + (5) shall not be a basis for payment, and shall not + be included in the computation, of any other type of + Government benefit; and + (6) shall not be taken into account in determining + the amount of any severance pay to which the employee + may be entitled under section 5595 of title 5, United + States Code, based on any other separation. + (d) Additional Agency Contributions to the Retirement +Fund.-- + (1) In general.--In addition to any payments which + it is otherwise required to make, the Department of + Justice and the Department of Homeland Security shall, + for each fiscal year with respect to which it makes any + voluntary separation incentive payments under this + section, remit to the Office of Personnel Management + for deposit in the Treasury of the United States to the + credit of the Civil Service Retirement and Disability + Fund the amount required under paragraph (2). + (2) Amount required.--The amount required under + this paragraph shall, for any fiscal year, be the + amount under subparagraph (A) or (B), whichever is + greater. + (A) First method.--The amount under this + subparagraph shall, for any fiscal year, be + equal to the minimum amount necessary to offset + the additional costs to the retirement systems + under title 5, United States Code (payable out + of the Civil Service Retirement and Disability + Fund) resulting from the voluntary separation + of the employees described in paragraph (3), as + determined under regulations of the Office of + Personnel Management. + (B) Second method.--The amount under this + subparagraph shall, for any fiscal year, be + equal to 45 percent of the sum total of the + final basic pay of the employees described in + paragraph (3). + (3) Computations to be based on separations + occurring in the fiscal year involved.--The employees + described in this paragraph are those employees who + receive a voluntary separation incentive payment under + this section based on their separating from service + during the fiscal year with respect to which the + payment under this subsection relates. + (4) Final basic pay defined.--In this subsection, + the term ``final basic pay'' means, with respect to an + employee, the total amount of basic pay which would be + payable for a year of service by such employee, + computed using the employee's final rate of basic pay, + and, if last serving on other than a full-time basis, + with appropriate adjustment therefor. + (e) Effect of Subsequent Employment With the Government.-- +An individual who receives a voluntary separation incentive +payment under this section and who, within 5 years after the +date of the separation on which the payment is based, accepts +any compensated employment with the Government or works for any +agency of the Government through a personal services contract, +shall be required to pay, prior to the individual's first day +of employment, the entire amount of the incentive payment. Such +payment shall be made to the covered entity from which the +individual separated or, if made on or after the transfer date, +to the Deputy Secretary or the Under Secretary for Border and +Transportation Security (for transfer to the appropriate +component of the Department of Homeland Security, if +necessary). + (f) Effect on Employment Levels.-- + (1) Intended effect.--Voluntary separations under + this section are not intended to necessarily reduce the + total number of full-time equivalent positions in any + covered entity. + (2) Use of voluntary separations.--A covered entity + may redeploy or use the full-time equivalent positions + vacated by voluntary separations under this section to + make other positions available to more critical + locations or more critical occupations. + +SEC. 473. [6 U.S.C. 293] AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT + RELATING TO DISCIPLINARY ACTION. + + (a) In General.--The Attorney General and the Secretary may +each, during a period ending not later than 5 years after the +date of the enactment of this Act, conduct a demonstration +project for the purpose of determining whether one or more +changes in the policies or procedures relating to methods for +disciplining employees would result in improved personnel +management. + (b) Scope.--A demonstration project under this section-- + (1) may not cover any employees apart from those + employed in or under a covered entity; and + (2) shall not be limited by any provision of + chapter 43, 75, or 77 of title 5, United States Code. + (c) Procedures.--Under the demonstration project-- + (1) the use of alternative means of dispute + resolution (as defined in section 571 of title 5, + United States Code) shall be encouraged, whenever + appropriate; and + (2) each covered entity under the jurisdiction of + the official conducting the project shall be required + to provide for the expeditious, fair, and independent + review of any action to which section 4303 or + subchapter II of chapter 75 of such title 5 would + otherwise apply (except an action described in section + 7512(5) of such title 5). + (d) Actions Involving Discrimination.--Notwithstanding any +other provision of this section, if, in the case of any matter +described in section 7702(a)(1)(B) of title 5, United States +Code, there is no judicially reviewable action under the +demonstration project within 120 days after the filing of an +appeal or other formal request for review (referred to in +subsection (c)(2)), an employee shall be entitled to file a +civil action to the same extent and in the same manner as +provided in section 7702(e)(1) of such title 5 (in the matter +following subparagraph (C) thereof). + (e) Certain Employees.--Employees shall not be included +within any project under this section if such employees are-- + (1) neither managers nor supervisors; and + (2) within a unit with respect to which a labor + organization is accorded exclusive recognition under + chapter 71 of title 5, United States Code. +Notwithstanding the preceding sentence, an aggrieved employee +within a unit (referred to in paragraph (2)) may elect to +participate in a complaint procedure developed under the +demonstration project in lieu of any negotiated grievance +procedure and any statutory procedure (as such term is used in +section 7121 of such title 5). + (f) Reports.--The General Accounting Office shall prepare +and submit to the Committees on Government Reform and the +Judiciary of the House of Representatives and the Committees on +Governmental Affairs and the Judiciary of the Senate periodic +reports on any demonstration project conducted under this +section, such reports to be submitted after the second and +fourth years of its operation. Upon request, the Attorney +General or the Secretary shall furnish such information as the +General Accounting Office may require to carry out this +subsection. + (g) Definition.--In this section, the term ``covered +entity'' has the meaning given such term in section 472(a)(2). + +SEC. 474. [6 U.S.C. 294] SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) the missions of the Bureau of Border Security + and the Bureau of Citizenship and Immigration Services + are equally important and, accordingly, they each + should be adequately funded; and + (2) the functions transferred under this subtitle + should not, after such transfers take effect, operate + at levels below those in effect prior to the enactment + of this Act. + +SEC. 475. [6 U.S.C. 295] DIRECTOR OF SHARED SERVICES. + + (a) In General.--Within the Office of Deputy Secretary, +there shall be a Director of Shared Services. + (b) Functions.--The Director of Shared Services shall be +responsible for the coordination of resources for the Bureau of +Border Security and the Bureau of Citizenship and Immigration +Services, including-- + (1) information resources management, including + computer databases and information technology; + (2) records and file management; and + (3) forms management. + +SEC. 476. [6 U.S.C. 296] SEPARATION OF FUNDING. + + (a) In General.--There shall be established separate +accounts in the Treasury of the United States for appropriated +funds and other deposits available for the Bureau of +Citizenship and Immigration Services and the Bureau of Border +Security. + (b) Separate Budgets.--To ensure that the Bureau of +Citizenship and Immigration Services and the Bureau of Border +Security are funded to the extent necessary to fully carry out +their respective functions, the Director of the Office of +Management and Budget shall separate the budget requests for +each such entity. + (c) Fees.--Fees imposed for a particular service, +application, or benefit shall be deposited into the account +established under subsection (a) that is for the bureau with +jurisdiction over the function to which the fee relates. + (d) Fees Not Transferable.--No fee may be transferred +between the Bureau of Citizenship and Immigration Services and +the Bureau of Border Security for purposes not authorized by +section 286 of the Immigration and Nationality Act (8 U.S.C. +1356). + +SEC. 477. [6 U.S.C. 297] REPORTS AND IMPLEMENTATION PLANS. + + (a) Division of Funds.--The Secretary, not later than 120 +days after the effective date of this Act, shall submit to the +Committees on Appropriations and the Judiciary of the House of +Representatives and of the Senate a report on the proposed +division and transfer of funds, including unexpended funds, +appropriations, and fees, between the Bureau of Citizenship and +Immigration Services and the Bureau of Border Security. + (b) Division of Personnel.--The Secretary, not later than +120 days after the effective date of this Act, shall submit to +the Committees on Appropriations and the Judiciary of the House +of Representatives and of the Senate a report on the proposed +division of personnel between the Bureau of Citizenship and +Immigration Services and the Bureau of Border Security. + (c) Implementation Plan.-- + (1) In general.--The Secretary, not later than 120 + days after the effective date of this Act, and every 6 + months thereafter until the termination of fiscal year + 2005, shall submit to the Committees on Appropriations + and the Judiciary of the House of Representatives and + of the Senate an implementation plan to carry out this + Act. + (2) Contents.--The implementation plan should + include details concerning the separation of the Bureau + of Citizenship and Immigration Services and the Bureau + of Border Security, including the following: + (A) Organizational structure, including the + field structure. + (B) Chain of command. + (C) Procedures for interaction among such + bureaus. + (D) Fraud detection and investigation. + (E) The processing and handling of removal + proceedings, including expedited removal and + applications for relief from removal. + (F) Recommendations for conforming + amendments to the Immigration and Nationality + Act (8 U.S.C. 1101 et seq.). + (G) Establishment of a transition team. + (H) Methods to phase in the costs of + separating the administrative support systems + of the Immigration and Naturalization Service + in order to provide for separate administrative + support systems for the Bureau of Citizenship + and Immigration Services and the Bureau of + Border Security. + (d) Comptroller General Studies and Reports.-- + (1) Status reports on transition.--Not later than + 18 months after the date on which the transfer of + functions specified under section 441 takes effect, and + every 6 months thereafter, until full implementation of + this subtitle has been completed, the Comptroller + General of the United States shall submit to the + Committees on Appropriations and on the Judiciary of + the House of Representatives and the Senate a report + containing the following: + (A) A determination of whether the + transfers of functions made by subtitles D and + E have been completed, and if a transfer of + functions has not taken place, identifying the + reasons why the transfer has not taken place. + (B) If the transfers of functions made by + subtitles D and E have been completed, an + identification of any issues that have arisen + due to the completed transfers. + (C) An identification of any issues that + may arise due to any future transfer of + functions. + (2) Report on management.--Not later than 4 years + after the date on which the transfer of functions + specified under section 441 takes effect, the + Comptroller General of the United States shall submit + to the Committees on Appropriations and on the + Judiciary of the House of Representatives and the + Senate a report, following a study, containing the + following: + (A) Determinations of whether the transfer + of functions from the Immigration and + Naturalization Service to the Bureau of + Citizenship and Immigration Services and the + Bureau of Border Security have improved, with + respect to each function transferred, the + following: + (i) Operations. + (ii) Management, including + accountability and communication. + (iii) Financial administration. + (iv) Recordkeeping, including + information management and technology. + (B) A statement of the reasons for the + determinations under subparagraph (A). + (C) Any recommendations for further + improvements to the Bureau of Citizenship and + Immigration Services and the Bureau of Border + Security. + (3) Report on fees.--Not later than 1 year after + the date of the enactment of this Act, the Comptroller + General of the United States shall submit to the + Committees on the Judiciary of the House of + Representatives and of the Senate a report examining + whether the Bureau of Citizenship and Immigration + Services is likely to derive sufficient funds from fees + to carry out its functions in the absence of + appropriated funds. + +SEC. 478. [6 U.S.C. 298] IMMIGRATION FUNCTIONS. + + (a) Annual Report.-- + (1) In general.--One year after the date of the + enactment of this Act, and each year thereafter, the + Secretary shall submit a report to the President, to + the Committees on the Judiciary and Government Reform + of the House of Representatives, and to the Committees + on the Judiciary and Government Affairs of the Senate, + on the impact the transfers made by this subtitle has + had on immigration functions. + (2) Matter included.--The report shall address the + following with respect to the period covered by the + report: + (A) The aggregate number of all immigration + applications and petitions received, and + processed, by the Department. + (B) Region-by-region statistics on the + aggregate number of immigration applications + and petitions filed by an alien (or filed on + behalf of an alien) and denied, disaggregated + by category of denial and application or + petition type. + (C) The quantity of backlogged immigration + applications and petitions that have been + processed, the aggregate number awaiting + processing, and a detailed plan for eliminating + the backlog. + (D) The average processing period for + immigration applications and petitions, + disaggregated by application or petition type. + (E) The number and types of immigration- + related grievances filed with any official of + the Department of Justice, and if those + grievances were resolved. + (F) Plans to address grievances and improve + immigration services. + (G) Whether immigration-related fees were + used consistent with legal requirements + regarding such use. + (H) Whether immigration-related questions + conveyed by customers to the Department + (whether conveyed in person, by telephone, or + by means of the Internet) were answered + effectively and efficiently. + (b) Sense of Congress Regarding Immigration Services.--It +is the sense of Congress that-- + (1) the quality and efficiency of immigration + services rendered by the Federal Government should be + improved after the transfers made by this subtitle take + effect; and + (2) the Secretary should undertake efforts to + guarantee that concerns regarding the quality and + efficiency of immigration services are addressed after + such effective date. + + TITLE V--NATIONAL EMERGENCY MANAGEMENT + +SEC. 501. [6 U.S.C. 311] DEFINITIONS. + + In this title-- + (1) the term ``Administrator'' means the + Administrator of the Agency; + (2) the term ``Agency'' means the Federal Emergency + Management Agency; + (3) the term ``catastrophic incident'' means any + natural disaster, act of terrorism, or other man-made + disaster that results in extraordinary levels of + casualties or damage or disruption severely affecting + the population (including mass evacuations), + infrastructure, environment, economy, national morale, + or government functions in an area; + (4) the terms ``credentialed'' and + ``credentialing'' mean having provided, or providing, + respectively, documentation that identifies personnel + and authenticates and verifies the qualifications of + such personnel by ensuring that such personnel possess + a minimum common level of training, experience, + physical and medical fitness, and capability + appropriate for a particular position in accordance + with standards created under section 510; + (5) the term ``Federal coordinating officer'' means + a Federal coordinating officer as described in section + 302 of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act (42 U.S.C. 5143); + (6) the term ``interoperable'' has the meaning + given the term ``interoperable communications'' under + section 7303(g)(1) of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1)); + (7) the term ``National Incident Management + System'' means a system to enable effective, efficient, + and collaborative incident management; + (8) the term ``National Response Plan'' means the + National Response Plan or any successor plan prepared + under section 502(a)(6); + (9) the term ``Regional Administrator'' means a + Regional Administrator appointed under section 507; + (10) the term ``Regional Office'' means a Regional + Office established under section 507; + (11) the term ``resources'' means personnel and + major items of equipment, supplies, and facilities + available or potentially available for responding to a + natural disaster, act of terrorism, or other man-made + disaster; + (12) the term ``surge capacity'' means the ability + to rapidly and substantially increase the provision of + search and rescue capabilities, food, water, medicine, + shelter and housing, medical care, evacuation capacity, + staffing (including disaster assistance employees), and + other resources necessary to save lives and protect + property during a catastrophic incident; + (13) the term ``tribal government'' means the + government of any entity described in section 2(11)(B); + and + (14) the terms ``typed'' and ``typing'' mean having + evaluated, or evaluating, respectively, a resource in + accordance with standards created under section 510. + +SEC. 502. [6 U.S.C. 312] DEFINITION. + + In this title, the term ``Nuclear Incident Response Team'' +means a resource that includes-- + (1) those entities of the Department of Energy that + perform nuclear or radiological emergency support + functions (including accident response, search + response, advisory, and technical operations + functions), radiation exposure functions at the medical + assistance facility known as the Radiation Emergency + Assistance Center/Training Site (REAC/TS), radiological + assistance functions, and related functions; and + (2) those entities of the Environmental Protection + Agency that perform such support functions (including + radiological emergency response functions) and related + functions. + +SEC. 503. [6 U.S.C. 313] FEDERAL EMERGENCY MANAGEMENT AGENCY. + + (a) In General.--There is in the Department the Federal +Emergency Management Agency, headed by an Administrator. + (b) Mission.-- + (1) Primary mission.--The primary mission of the + Agency is to reduce the loss of life and property and + protect the Nation from all hazards, including natural + disasters, acts of terrorism, and other man-made + disasters, by leading and supporting the Nation in a + risk-based, comprehensive emergency management system + of preparedness, protection, response, recovery, and + mitigation. + (2) Specific activities.--In support of the primary + mission of the Agency, the Administrator shall-- + (A) lead the Nation's efforts to prepare + for, protect against, respond to, recover from, + and mitigate against the risk of natural + disasters, acts of terrorism, and other man- + made disasters, including catastrophic + incidents; + (B) partner with State, local, and tribal + governments and emergency response providers, + with other Federal agencies, with the private + sector, and with nongovernmental organizations + to build a national system of emergency + management that can effectively and efficiently + utilize the full measure of the Nation's + resources to respond to natural disasters, acts + of terrorism, and other man-made disasters, + including catastrophic incidents; + (C) develop a Federal response capability + that, when necessary and appropriate, can act + effectively and rapidly to deliver assistance + essential to saving lives or protecting or + preserving property or public health and safety + in a natural disaster, act of terrorism, or + other man-made disaster; + (D) integrate the Agency's emergency + preparedness, protection, response, recovery, + and mitigation responsibilities to confront + effectively the challenges of a natural + disaster, act of terrorism, or other man-made + disaster; + (E) develop and maintain robust Regional + Offices that will work with State, local, and + tribal governments, emergency response + providers, and other appropriate entities to + identify and address regional priorities; + (F) under the leadership of the Secretary, + coordinate with the Commandant of the Coast + Guard, the Director of Customs and Border + Protection, the Director of Immigration and + Customs Enforcement, the National Operations + Center, and other agencies and offices in the + Department to take full advantage of the + substantial range of resources in the + Department; + (G) provide funding, training, exercises, + technical assistance, planning, and other + assistance to build tribal, local, State, + regional, and national capabilities (including + communications capabilities), necessary to + respond to a natural disaster, act of + terrorism, or other man-made disaster; and + (H) develop and coordinate the + implementation of a risk-based, all-hazards + strategy for preparedness that builds those + common capabilities necessary to respond to + natural disasters, acts of terrorism, and other + man-made disasters while also building the + unique capabilities necessary to respond to + specific types of incidents that pose the + greatest risk to our Nation. + (c) Administrator.-- + (1) In general.--The Administrator shall be + appointed by the President, by and with the advice and + consent of the Senate. + (2) Qualifications.--The Administrator shall be + appointed from among individuals who have-- + (A) a demonstrated ability in and knowledge + of emergency management and homeland security; + and + (B) not less than 5 years of executive + leadership and management experience in the + public or private sector. + (3) Reporting.--The Administrator shall report to + the Secretary, without being required to report through + any other official of the Department. + (4) Principal advisor on emergency management.-- + (A) In general.--The Administrator is the + principal advisor to the President, the + Homeland Security Council, and the Secretary + for all matters relating to emergency + management in the United States. + (B) Advice and recommendations.-- + (i) In general.--In presenting + advice with respect to any matter to + the President, the Homeland Security + Council, or the Secretary, the + Administrator shall, as the + Administrator considers appropriate, + inform the President, the Homeland + Security Council, or the Secretary, as + the case may be, of the range of + emergency preparedness, protection, + response, recovery, and mitigation + options with respect to that matter. + (ii) Advice on request.--The + Administrator, as the principal advisor + on emergency management, shall provide + advice to the President, the Homeland + Security Council, or the Secretary on a + particular matter when the President, + the Homeland Security Council, or the + Secretary requests such advice. + (iii) Recommendations to + congress.--After informing the + Secretary, the Administrator may make + such recommendations to Congress + relating to emergency management as the + Administrator considers appropriate. + (5) Cabinet status.-- + (A) In general.--The President may + designate the Administrator to serve as a + member of the Cabinet in the event of natural + disasters, acts of terrorism, or other man-made + disasters. + (B) Retention of authority.--Nothing in + this paragraph shall be construed as affecting + the authority of the Secretary under this Act. + +SEC. 504. [6 U.S.C. 314] AUTHORITY AND RESPONSIBILITIES. + + (a) In General.--The Administrator shall provide Federal +leadership necessary to prepare for, protect against, respond +to, recover from, or mitigate against a natural disaster, act +of terrorism, or other man-made disaster, including-- + (1) helping to ensure the effectiveness of + emergency response providers to terrorist attacks, + major disasters, and other emergencies; + (2) with respect to the Nuclear Incident Response + Team (regardless of whether it is operating as an + organizational unit of the Department pursuant to this + title)-- + (A) establishing standards and certifying + when those standards have been met; + (B) conducting joint and other exercises + and training and evaluating performance; and + (C) providing funds to the Department of + Energy and the Environmental Protection Agency, + as appropriate, for homeland security planning, + exercises and training, and equipment; + (3) providing the Federal Government's response to + terrorist attacks and major disasters, including-- + (A) managing such response; + (B) directing the Domestic Emergency + Support Team, the National Disaster Medical + System, \1\ and (when operating as an + organizational unit of the Department pursuant + to this title) the Nuclear Incident Response + Team; +--------------------------------------------------------------------------- + \1\ The phrase ``, the National Disaster Medical System,'' in +subsection (a)(3)(B) probably should not appear. Section 301(c)(1) of +Public Law 109-417 (120 Stat. 2854) provides for an amendment to the +Homeland Security Act of 2002 as follows: + + (1) in section 502(3)(B), by striking ``, the National +--------------------------------------------------------------------------- + Disaster Medical System,''; and + + The amendment was not executed because section 502 of the Homeland +Security Act of 2002 was redesignated as section 504 by section 611(8) +of Public Law 109-295 (120 Stat 1395). +--------------------------------------------------------------------------- + (C) overseeing the Metropolitan Medical + Response System; and + (D) coordinating other Federal response + resources, including requiring deployment of + the Strategic National Stockpile, in the event + of a terrorist attack or major disaster; + (4) aiding the recovery from terrorist attacks and + major disasters; + (5) building a comprehensive national incident + management system with Federal, State, and local + government personnel, agencies, and authorities, to + respond to such attacks and disasters; + (6) consolidating existing Federal Government + emergency response plans into a single, coordinated + national response plan; + (7) helping ensure the acquisition of operable and + interoperable communications capabilities by Federal, + State, local, and tribal governments and emergency + response providers; + (8) assisting the President in carrying out the + functions under the Robert T. Stafford Disaster Relief + and Emergency Assistance Act (42 U.S.C. 5121 et seq.) + and carrying out all functions and authorities given to + the Administrator under that Act; + (9) carrying out the mission of the Agency to + reduce the loss of life and property and protect the + Nation from all hazards by leading and supporting the + Nation in a risk-based, comprehensive emergency + management system of-- + (A) mitigation, by taking sustained actions + to reduce or eliminate long-term risks to + people and property from hazards and their + effects; + (B) preparedness, by planning, training, + and building the emergency management + profession to prepare effectively for, mitigate + against, respond to, and recover from any + hazard; + (C) response, by conducting emergency + operations to save lives and property through + positioning emergency equipment, personnel, and + supplies, through evacuating potential victims, + through providing food, water, shelter, and + medical care to those in need, and through + restoring critical public services; and + (D) recovery, by rebuilding communities so + individuals, businesses, and governments can + function on their own, return to normal life, + and protect against future hazards; + (10) increasing efficiencies, by coordinating + efforts relating to preparedness, protection, response, + recovery, and mitigation; + (11) helping to ensure the effectiveness of + emergency response providers in responding to a natural + disaster, act of terrorism, or other man-made disaster; + (12) supervising grant programs administered by the + Agency; + (13) administering and ensuring the implementation + of the National Response Plan, including coordinating + and ensuring the readiness of each emergency support + function under the National Response Plan; + (14) coordinating with the National Advisory + Council established under section 508; + (15) preparing and implementing the plans and + programs of the Federal Government for-- + (A) continuity of operations; + (B) continuity of government; and + (C) continuity of plans; + (16) minimizing, to the extent practicable, + overlapping planning and reporting requirements + applicable to State, local, and tribal governments and + the private sector; + (17) maintaining and operating within the Agency + the National Response Coordination Center or its + successor; + (18) developing a national emergency management + system that is capable of preparing for, protecting + against, responding to, recovering from, and mitigating + against catastrophic incidents; + (19) assisting the President in carrying out the + functions under the national preparedness goal and the + national preparedness system and carrying out all + functions and authorities of the Administrator under + the national preparedness System; + (20) carrying out all authorities of the Federal + Emergency Management Agency and the Directorate of + Preparedness of the Department as transferred under + section 505; and + (21) otherwise carrying out the mission of the + Agency as described in section 503(b). + (b) All-Hazards Approach.--In carrying out the +responsibilities under this section, the Administrator shall +coordinate the implementation of a risk-based, all-hazards +strategy that builds those common capabilities necessary to +prepare for, protect against, respond to, recover from, or +mitigate against natural disasters, acts of terrorism, and +other man-made disasters, while also building the unique +capabilities necessary to prepare for, protect against, respond +to, recover from, or mitigate against the risks of specific +types of incidents that pose the greatest risk to the Nation. + +SEC. 505. [6 U.S.C. 315] FUNCTIONS TRANSFERRED. + + (a) In General.--Except as provided in subsection (b), +there are transferred to the Agency the following: + (1) All functions of the Federal Emergency + Management Agency, including existing responsibilities + for emergency alert systems and continuity of + operations and continuity of government plans and + programs as constituted on June 1, 2006, including all + of its personnel, assets, components, authorities, + grant programs, and liabilities, and including the + functions of the Under Secretary for Federal Emergency + Management relating thereto. + (2) The Directorate of Preparedness, as constituted + on June 1, 2006, including all of its functions, + personnel, assets, components, authorities, grant + programs, and liabilities, and including the functions + of the Under Secretary for Preparedness relating + thereto. + (b) Exceptions.--The following within the Preparedness +Directorate shall not be transferred: + (1) The Office of Infrastructure Protection. + (2) The National Communications System. + (3) The National Cybersecurity Division. + (4) The Office of the Chief Medical Officer. + (5) The functions, personnel, assets, components, + authorities, and liabilities of each component + described under paragraphs (1) through (4). + +SEC. 506. [6 U.S.C. 316] PRESERVING THE FEDERAL EMERGENCY MANAGEMENT + AGENCY. + + (a) Distinct Entity.--The Agency shall be maintained as a +distinct entity within the Department. + (b) Reorganization.--Section 872 shall not apply to the +Agency, including any function or organizational unit of the +Agency. + (c) Prohibition on Changes to Missions.-- + (1) In general.--The Secretary may not + substantially or significantly reduce the authorities, + responsibilities, or functions of the Agency or the + capability of the Agency to perform those missions, + authorities, responsibilities, except as otherwise + specifically provided in an Act enacted after the date + of enactment of the Post-Katrina Emergency Management + Reform Act of 2006. + (2) Certain transfers prohibited.--No asset, + function, or mission of the Agency may be diverted to + the principal and continuing use of any other + organization, unit, or entity of the Department, except + for details or assignments that do not reduce the + capability of the Agency to perform its missions. + (d) Reprogramming and Transfer of Funds.--In reprogramming +or transferring funds, the Secretary shall comply with any +applicable provisions of any Act making appropriations for the +Department for fiscal year 2007, or any succeeding fiscal year, +relating to the reprogramming or transfer of funds. + +SEC. 507. [6 U.S.C. 317] REGIONAL OFFICES. + + (a) In General.--There are in the Agency 10 regional +offices, as identified by the Administrator. + (b) Management of Regional Offices.-- + (1) Regional administrator.--Each Regional Office + shall be headed by a Regional Administrator who shall + be appointed by the Administrator, after consulting + with State, local, and tribal government officials in + the region. Each Regional Administrator shall report + directly to the Administrator and be in the Senior + Executive Service. + (2) Qualifications.-- + (A) In general.--Each Regional + Administrator shall be appointed from among + individuals who have a demonstrated ability in + and knowledge of emergency management and + homeland security. + (B) Considerations.--In selecting a + Regional Administrator for a Regional Office, + the Administrator shall consider the + familiarity of an individual with the + geographical area and demographic + characteristics of the population served by + such Regional Office. + (c) Responsibilities.-- + (1) In general.--The Regional Administrator shall + work in partnership with State, local, and tribal + governments, emergency managers, emergency response + providers, medical providers, the private sector, + nongovernmental organizations, multijurisdictional + councils of governments, and regional planning + commissions and organizations in the geographical area + served by the Regional Office to carry out the + responsibilities of a Regional Administrator under this + section. + (2) Responsibilities.--The responsibilities of a + Regional Administrator include-- + (A) ensuring effective, coordinated, and + integrated regional preparedness, protection, + response, recovery, and mitigation activities + and programs for natural disasters, acts of + terrorism, and other man-made disasters + (including planning, training, exercises, and + professional development); + (B) assisting in the development of + regional capabilities needed for a national + catastrophic response system; + (C) coordinating the establishment of + effective regional operable and interoperable + emergency communications capabilities; + (D) staffing and overseeing 1 or more + strike teams within the region under subsection + (f), to serve as the focal point of the Federal + Government's initial response efforts for + natural disasters, acts of terrorism, and other + man-made disasters within that region, and + otherwise building Federal response + capabilities to respond to natural disasters, + acts of terrorism, and other man-made disasters + within that region; + (E) designating an individual responsible + for the development of strategic and + operational regional plans in support of the + National Response Plan; + (F) fostering the development of mutual aid + and other cooperative agreements; + (G) identifying critical gaps in regional + capabilities to respond to populations with + special needs; + (H) maintaining and operating a Regional + Response Coordination Center or its successor; + (I) coordinating with the private sector to + help ensure private sector preparedness for + natural disasters, acts of terrorism, and other + man-made disasters; + (J) assisting State, local, and tribal + governments, where appropriate, to preidentify + and evaluate suitable sites where a + multijurisdictional incident command system may + quickly be established and operated from, if + the need for such a system arises; and + (K) performing such other duties relating + to such responsibilities as the Administrator + may require. + (3) Training and exercise requirements.-- + (A) Training.--The Administrator shall + require each Regional Administrator to undergo + specific training periodically to complement + the qualifications of the Regional + Administrator. Such training, as appropriate, + shall include training with respect to the + National Incident Management System, the + National Response Plan, and such other subjects + as determined by the Administrator. + (B) Exercises.--The Administrator shall + require each Regional Administrator to + participate as appropriate in regional and + national exercises. + (d) Area Offices.-- + (1) In general.--There is an Area Office for the + Pacific and an Area Office for the Caribbean, as + components in the appropriate Regional Offices. + (2) Alaska.--The Administrator shall establish an + Area Office in Alaska, as a component in the + appropriate Regional Office. + (e) Regional Advisory Council.-- + (1) Establishment.--Each Regional Administrator + shall establish a Regional Advisory Council. + (2) Nominations.--A State, local, or tribal + government located within the geographic area served by + the Regional Office may nominate officials, including + Adjutants General and emergency managers, to serve as + members of the Regional Advisory Council for that + region. + (3) Responsibilities.--Each Regional Advisory + Council shall-- + (A) advise the Regional Administrator on + emergency management issues specific to that + region; + (B) identify any geographic, demographic, + or other characteristics peculiar to any State, + local, or tribal government within the region + that might make preparedness, protection, + response, recovery, or mitigation more + complicated or difficult; and + (C) advise the Regional Administrator of + any weaknesses or deficiencies in preparedness, + protection, response, recovery, and mitigation + for any State, local, and tribal government + within the region of which the Regional + Advisory Council is aware. + (f) Regional Office Strike Teams.-- + (1) In general.--In coordination with other + relevant Federal agencies, each Regional Administrator + shall oversee multi-agency strike teams authorized + under section 303 of the Robert T. Stafford Disaster + Relief and Emergency Assistance Act (42 U.S.C. 5144) + that shall consist of-- + (A) a designated Federal coordinating + officer; + (B) personnel trained in incident + management; + (C) public affairs, response and recovery, + and communications support personnel; + (D) a defense coordinating officer; + (E) liaisons to other Federal agencies; + (F) such other personnel as the + Administrator or Regional Administrator + determines appropriate; and + (G) individuals from the agencies with + primary responsibility for each of the + emergency support functions in the National + Response Plan. + (2) Other duties.--The duties of an individual + assigned to a Regional Office strike team from another + relevant agency when such individual is not functioning + as a member of the strike team shall be consistent with + the emergency preparedness activities of the agency + that employs such individual. + (3) Location of members.--The members of each + Regional Office strike team, including representatives + from agencies other than the Department, shall be based + primarily within the region that corresponds to that + strike team. + (4) Coordination.--Each Regional Office strike team + shall coordinate the training and exercises of that + strike team with the State, local, and tribal + governments and private sector and nongovernmental + entities which the strike team shall support when a + natural disaster, act of terrorism, or other man-made + disaster occurs. + (5) Preparedness.--Each Regional Office strike team + shall be trained as a unit on a regular basis and + equipped and staffed to be well prepared to respond to + natural disasters, acts of terrorism, and other man- + made disasters, including catastrophic incidents. + (6) Authorities.--If the Administrator determines + that statutory authority is inadequate for the + preparedness and deployment of individuals in strike + teams under this subsection, the Administrator shall + report to Congress regarding the additional statutory + authorities that the Administrator determines are + necessary. + +SEC. 508. [6 U.S.C. 318] NATIONAL ADVISORY COUNCIL. + + (a) Establishment.--Not later than 60 days after the date +of enactment of the Post-Katrina Emergency Management Reform +Act of 2006, the Secretary shall establish an advisory body +under section 871(a) to ensure effective and ongoing +coordination of Federal preparedness, protection, response, +recovery, and mitigation for natural disasters, acts of +terrorism, and other man-made disasters, to be known as the +National Advisory Council. + (b) Responsibilities.-- + (1) In general.--The National Advisory Council + shall advise the Administrator on all aspects of + emergency management. The National Advisory Council + shall incorporate State, local, and tribal government + and private sector input in the development and + revision of the national preparedness goal, the + national preparedness system, the National Incident + Management System, the National Response Plan, and + other related plans and strategies. + (2) Consultation on grants.--To ensure input from + and coordination with State, local, and tribal + governments and emergency response providers, the + Administrator shall regularly consult and work with the + National Advisory Council on the administration and + assessment of grant programs administered by the + Department, including with respect to the development + of program guidance and the development and evaluation + of risk-assessment methodologies, as appropriate. + (c) Membership.-- + (1) In general.--The members of the National + Advisory Council shall be appointed by the + Administrator, and shall, to the extent practicable, + represent a geographic (including urban and rural) and + substantive cross section of officials, emergency + managers, and emergency response providers from State, + local, and tribal governments, the private sector, and + nongovernmental organizations, including as + appropriate-- + (A) members selected from the emergency + management field and emergency response + providers, including fire service, law + enforcement, hazardous materials response, + emergency medical services, and emergency + management personnel, or organizations + representing such individuals; + (B) health scientists, emergency and + inpatient medical providers, and public health + professionals; + (C) experts from Federal, State, local, and + tribal governments, and the private sector, + representing standards-setting and accrediting + organizations, including representatives from + the voluntary consensus codes and standards + development community, particularly those with + expertise in the emergency preparedness and + response field; + (D) State, local, and tribal government + officials with expertise in preparedness, + protection, response, recovery, and mitigation, + including Adjutants General; + (E) elected State, local, and tribal + government executives; + (F) experts in public and private sector + infrastructure protection, cybersecurity, and + communications; + (G) representatives of individuals with + disabilities and other populations with special + needs; and + (H) such other individuals as the + Administrator determines to be appropriate. + (2) Coordination with the departments of health and + human services and transportation.--In the selection of + members of the National Advisory Council who are health + or emergency medical services professionals, the + Administrator shall work with the Secretary of Health + and Human Services and the Secretary of Transportation. + (3) Ex officio members.--The Administrator shall + designate 1 or more officers of the Federal Government + to serve as ex officio members of the National Advisory + Council. + (4) Terms of office.-- + (A) In general.--Except as provided in + subparagraph (B), the term of office of each + member of the National Advisory Council shall + be 3 years. + (B) Initial appointments.--Of the members + initially appointed to the National Advisory + Council-- + (i) one-third shall be appointed + for a term of 1 year; and + (ii) one-third shall be appointed + for a term of 2 years. + (d) Applicability of Federal Advisory Committee Act.-- + (1) In general.--Notwithstanding section 871(a) and + subject to paragraph (2), the Federal Advisory + Committee Act (5 U.S.C. App.), including subsections + (a), (b), and (d) of section 10 of such Act, and + section 552b(c) of title 5, United States Code, shall + apply to the National Advisory Council. + (2) Termination.--Section 14(a)(2) of the Federal + Advisory Committee Act (5 U.S.C. App.) shall not apply + to the National Advisory Council. + +SEC. 509. [6 U.S.C. 319] NATIONAL INTEGRATION CENTER. + + (a) In General.--There is established in the Agency a +National Integration Center. + (b) Responsibilities.-- + (1) In general.--The Administrator, through the + National Integration Center, and in consultation with + other Federal departments and agencies and the National + Advisory Council, shall ensure ongoing management and + maintenance of the National Incident Management System, + the National Response Plan, and any successor to such + system or plan. + (2) Specific responsibilities.--The National + Integration Center shall periodically review, and + revise as appropriate, the National Incident Management + System and the National Response Plan, including-- + (A) establishing, in consultation with the + Director of the Corporation for National and + Community Service, a process to better use + volunteers and donations; + (B) improving the use of Federal, State, + local, and tribal resources and ensuring the + effective use of emergency response providers + at emergency scenes; and + (C) revising the Catastrophic Incident + Annex, finalizing and releasing the + Catastrophic Incident Supplement to the + National Response Plan, and ensuring that both + effectively address response requirements in + the event of a catastrophic incident. + (c) Incident Management.-- + (1) In general.-- + (A) National response plan.--The Secretary, + acting through the Administrator, shall ensure + that the National Response Plan provides for a + clear chain of command to lead and coordinate + the Federal response to any natural disaster, + act of terrorism, or other man-made disaster. + (B) Administrator.--The chain of the + command specified in the National Response Plan + shall-- + (i) provide for a role for the + Administrator consistent with the role + of the Administrator as the principal + emergency management advisor to the + President, the Homeland Security + Council, and the Secretary under + section 503(c)(4) and the + responsibility of the Administrator + under the Post-Katrina Emergency + Management Reform Act of 2006, and the + amendments made by that Act, relating + to natural disasters, acts of + terrorism, and other man-made + disasters; and + (ii) provide for a role for the + Federal Coordinating Officer consistent + with the responsibilities under section + 302(b) of the Robert T. Stafford + Disaster Relief and Emergency + Assistance Act (42 U.S.C. 5143(b)). + (2) Principal federal official.--The Principal + Federal Official (or the successor thereto) shall not-- + (A) direct or replace the incident command + structure established at the incident; or + (B) have directive authority over the + Senior Federal Law Enforcement Official, + Federal Coordinating Officer, or other Federal + and State officials. + +SEC. 510. [6 U.S.C. 320] CREDENTIALING AND TYPING. + + (a) In General.--The Administrator shall enter into a +memorandum of understanding with the administrators of the +Emergency Management Assistance Compact, State, local, and +tribal governments, and organizations that represent emergency +response providers, to collaborate on developing standards for +deployment capabilities, including for credentialing and typing +of incident management personnel, emergency response providers, +and other personnel (including temporary personnel) and +resources likely needed to respond to natural disasters, acts +of terrorism, and other man-made disasters. + (b) Distribution.-- + (1) In general.--Not later than 1 year after the + date of enactment of the Implementing Recommendations + of the 9/11 Commission Act of 2007, the Administrator + shall provide the standards developed under subsection + (a), including detailed written guidance, to-- + (A) each Federal agency that has + responsibilities under the National Response + Plan to aid that agency with credentialing and + typing incident management personnel, emergency + response providers, and other personnel + (including temporary personnel) and resources + likely needed to respond to a natural disaster, + act of terrorism, or other man-made disaster; + and + (B) State, local, and tribal governments, + to aid such governments with credentialing and + typing of State, local, and tribal incident + management personnel, emergency response + providers, and other personnel (including + temporary personnel) and resources likely + needed to respond to a natural disaster, act of + terrorism, or other man-made disaster. + (2) Assistance.--The Administrator shall provide + expertise and technical assistance to aid Federal, + State, local, and tribal government agencies with + credentialing and typing incident management personnel, + emergency response providers, and other personnel + (including temporary personnel) and resources likely + needed to respond to a natural disaster, act of + terrorism, or other man-made disaster. + (c) Credentialing and Typing of Personnel.--Not later than +6 months after receiving the standards provided under +subsection (b), each Federal agency with responsibilities under +the National Response Plan shall ensure that incident +management personnel, emergency response providers, and other +personnel (including temporary personnel) and resources likely +needed to respond to a natural disaster, act of terrorism, or +other manmade disaster are credentialed and typed in accordance +with this section. + (d) Consultation on Health Care Standards.--In developing +standards for credentialing health care professionals under +this section, the Administrator shall consult with the +Secretary of Health and Human Services. + +SEC. 511. [6 U.S.C. 321] THE NATIONAL INFRASTRUCTURE SIMULATION AND + ANALYSIS CENTER. + + (a) Definition.--In this section, the term ``National +Infrastructure Simulation and Analysis Center'' means the +National Infrastructure Simulation and Analysis Center +established under section 1016(d) of the USA PATRIOT Act (42 +U.S.C. 5195c(d)). + (b) Authority.-- + (1) In general.--There is in the Department the + National Infrastructure Simulation and Analysis Center + which shall serve as a source of national expertise to + address critical infrastructure protection and + continuity through support for activities related to-- + (A) counterterrorism, threat assessment, + and risk mitigation; and + (B) a natural disaster, act of terrorism, + or other man-made disaster. + (2) Infrastructure modeling.-- + (A) Particular support.--The support + provided under paragraph (1) shall include + modeling, simulation, and analysis of the + systems and assets comprising critical + infrastructure, in order to enhance + preparedness, protection, response, recovery, + and mitigation activities. + (B) Relationship with other agencies.--Each + Federal agency and department with critical + infrastructure responsibilities under Homeland + Security Presidential Directive 7, or any + successor to such directive, shall establish a + formal relationship, including an agreement + regarding information sharing, between the + elements of such agency or department and the + National Infrastructure Simulation and Analysis + Center, through the Department. + (C) Purpose.-- + (i) In general.--The purpose of the + relationship under subparagraph (B) + shall be to permit each Federal agency + and department described in + subparagraph (B) to take full advantage + of the capabilities of the National + Infrastructure Simulation and Analysis + Center (particularly vulnerability and + consequence analysis), consistent with + its work load capacity and priorities, + for real-time response to reported and + projected natural disasters, acts of + terrorism, and other man-made + disasters. + (ii) Recipient of certain + support.--Modeling, simulation, and + analysis provided under this subsection + shall be provided to relevant Federal + agencies and departments, including + Federal agencies and departments with + critical infrastructure + responsibilities under Homeland + Security Presidential Directive 7, or + any successor to such directive. + +SEC. 512. [6 U.S.C. 321A] EVACUATION PLANS AND EXERCISES. + + (a) In General.--Notwithstanding any other provision of +law, and subject to subsection (d), grants made to States or +local or tribal governments by the Department through the State +Homeland Security Grant Program or the Urban Area Security +Initiative may be used to-- + (1) establish programs for the development and + maintenance of mass evacuation plans under subsection + (b) in the event of a natural disaster, act of + terrorism, or other man-made disaster; + (2) prepare for the execution of such plans, + including the development of evacuation routes and the + purchase and stockpiling of necessary supplies and + shelters; and + (3) conduct exercises of such plans. + (b) Plan Development.--In developing the mass evacuation +plans authorized under subsection (a), each State, local, or +tribal government shall, to the maximum extent practicable-- + (1) establish incident command and decision making + processes; + (2) ensure that State, local, and tribal government + plans, including evacuation routes, are coordinated and + integrated; + (3) identify primary and alternative evacuation + routes and methods to increase evacuation capabilities + along such routes such as conversion of two-way traffic + to one-way evacuation routes; + (4) identify evacuation transportation modes and + capabilities, including the use of mass and public + transit capabilities, and coordinating and integrating + evacuation plans for all populations including for + those individuals located in hospitals, nursing homes, + and other institutional living facilities; + (5) develop procedures for informing the public of + evacuation plans before and during an evacuation, + including individuals-- + (A) with disabilities or other special + needs, including the elderly; + (B) with limited English proficiency; or + (C) who might otherwise have difficulty in + obtaining such information; and + (6) identify shelter locations and capabilities. + (c) Assistance.-- + (1) In general.--The Administrator may establish + any guidelines, standards, or requirements determined + appropriate to administer this section and to ensure + effective mass evacuation planning for State, local, + and tribal areas. + (2) Requested assistance.--The Administrator shall + make assistance available upon request of a State, + local, or tribal government to assist hospitals, + nursing homes, and other institutions that house + individuals with special needs to establish, maintain, + and exercise mass evacuation plans that are coordinated + and integrated into the plans developed by that State, + local, or tribal government under this section. + (d) Multipurpose Funds.--Nothing in this section may be +construed to preclude a State, local, or tribal government from +using grant funds in a manner that enhances preparedness for a +natural or man-made disaster unrelated to an act of terrorism, +if such use assists such government in building capabilities +for terrorism preparedness. + +SEC. 513. [6 U.S.C. 321B] DISABILITY COORDINATOR. + + (a) In General.--After consultation with organizations +representing individuals with disabilities, the National +Council on Disabilities, and the Interagency Coordinating +Council on Preparedness and Individuals with Disabilities, +established under Executive Order No. 13347 (6 U.S.C. 312 +note), the Administrator shall appoint a Disability +Coordinator. The Disability Coordinator shall report directly +to the Administrator, in order to ensure that the needs of +individuals with disabilities are being properly addressed in +emergency preparedness and disaster relief. + (b) Responsibilities.--The Disability Coordinator shall be +responsible for-- + (1) providing guidance and coordination on matters + related to individuals with disabilities in emergency + planning requirements and relief efforts in the event + of a natural disaster, act of terrorism, or other man- + made disaster; + (2) interacting with the staff of the Agency, the + National Council on Disabilities, the Interagency + Coordinating Council on Preparedness and Individuals + with Disabilities established under Executive Order No. + 13347 (6 U.S.C. 312 note), other agencies of the + Federal Government, and State, local, and tribal + government authorities regarding the needs of + individuals with disabilities in emergency planning + requirements and relief efforts in the event of a + natural disaster, act of terrorism, or other man-made + disaster; + (3) consulting with organizations that represent + the interests and rights of individuals with + disabilities about the needs of individuals with + disabilities in emergency planning requirements and + relief efforts in the event of a natural disaster, act + of terrorism, or other man-made disaster; + (4) ensuring the coordination and dissemination of + best practices and model evacuation plans for + individuals with disabilities; + (5) ensuring the development of training materials + and a curriculum for training of emergency response + providers, State, local, and tribal government + officials, and others on the needs of individuals with + disabilities; + (6) promoting the accessibility of telephone + hotlines and websites regarding emergency preparedness, + evacuations, and disaster relief; + (7) working to ensure that video programming + distributors, including broadcasters, cable operators, + and satellite television services, make emergency + information accessible to individuals with hearing and + vision disabilities; + (8) ensuring the availability of accessible + transportation options for individuals with + disabilities in the event of an evacuation; + (9) providing guidance and implementing policies to + ensure that the rights and wishes of individuals with + disabilities regarding post-evacuation residency and + relocation are respected; + (10) ensuring that meeting the needs of individuals + with disabilities are included in the components of the + national preparedness system established under section + 644 of the Post-Katrina Emergency Management Reform Act + of 2006; and + (11) any other duties as assigned by the + Administrator. + +SEC. 514. [6 U.S.C. 321C] DEPARTMENT AND AGENCY OFFICIALS. + + (a) Deputy Administrators.--The President may appoint, by +and with the advice and consent of the Senate, not more than 4 +Deputy Administrators to assist the Administrator in carrying +out this title. + (b) Cybersecurity and Communications.--There is in the +Department an Assistant Secretary for Cybersecurity and +Communications. + (c) United States Fire Administration.--The Administrator +of the United States Fire Administration shall have a rank +equivalent to an assistant secretary of the Department. + +SEC. 515. [6 U.S.C. 321D] NATIONAL OPERATIONS CENTER. + + (a) Definition.--In this section, the term ``situational +awareness'' means information gathered from a variety of +sources that, when communicated to emergency managers and +decision makers, can form the basis for incident management +decisionmaking. + (b) Establishment.--The National Operations Center is the +principal operations center for the Department and shall-- + (1) provide situational awareness and a common + operating picture for the entire Federal Government, + and for State, local, and tribal governments as + appropriate, in the event of a natural disaster, act of + terrorism, or other man-made disaster; and + (2) ensure that critical terrorism and disaster- + related information reaches government decision-makers. + (c) State and Local Fire Service Representation.-- + (1) Establishment of position.--The Secretary + shall, in consultation with the Administrator of the + United States Fire Administration, establish a fire + service position at the National Operations Center + established under subsection (b) to ensure the + effective sharing of information between the Federal + Government and State and local fire services. + (2) Designation of position.--The Secretary shall + designate, on a rotating basis, a State or local fire + service official for the position described in + paragraph (1). + (3) Management.--The Secretary shall manage the + position established pursuant to paragraph (1) in + accordance with such rules, regulations, and practices + as govern other similar rotating positions at the + National Operations Center. + +SEC. 516. [6 U.S.C. 321E] CHIEF MEDICAL OFFICER. + + (a) In General.--There is in the Department a Chief Medical +Officer, who shall be appointed by the President, by and with +the advice and consent of the Senate. + (b) Qualifications.--The individual appointed as Chief +Medical Officer shall possess a demonstrated ability in and +knowledge of medicine and public health. + (c) Responsibilities.--The Chief Medical Officer shall have +the primary responsibility within the Department for medical +issues related to natural disasters, acts of terrorism, and +other man-made disasters, including-- + (1) serving as the principal advisor to the + Secretary and the Administrator on medical and public + health issues; + (2) coordinating the biodefense activities of the + Department; + (3) ensuring internal and external coordination of + all medical preparedness and response activities of the + Department, including training, exercises, and + equipment support; + (4) serving as the Department's primary point of + contact with the Department of Agriculture, the + Department of Defense, the Department of Health and + Human Services, the Department of Transportation, the + Department of Veterans Affairs, and other Federal + departments or agencies, on medical and public health + issues; + (5) serving as the Department's primary point of + contact for State, local, and tribal governments, the + medical community, and others within and outside the + Department, with respect to medical and public health + matters; + (6) discharging, in coordination with the Under + Secretary for Science and Technology, the + responsibilities of the Department related to Project + Bioshield; and + (7) performing such other duties relating to such + responsibilities as the Secretary may require. + +SEC. 517. [6 U.S.C. 321F] NUCLEAR INCIDENT RESPONSE. + + (a) In General.--At the direction of the Secretary (in +connection with an actual or threatened terrorist attack, major +disaster, or other emergency in the United States), the Nuclear +Incident Response Team shall operate as an organizational unit +of the Department. While so operating, the Nuclear Incident +Response Team shall be subject to the direction, authority, and +control of the Secretary. + (b) Rule of Construction.--Nothing in this title shall be +construed to limit the ordinary responsibility of the Secretary +of Energy and the Administrator of the Environmental Protection +Agency for organizing, training, equipping, and utilizing their +respective entities in the Nuclear Incident Response Team, or +(subject to the provisions of this title) from exercising +direction, authority, and control over them when they are not +operating as a unit of the Department. + +SEC. 518. [6 U.S.C. 321G] CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED + ACTIVITIES. + + (a) In General.--With respect to all public health-related +activities to improve State, local, and hospital preparedness +and response to chemical, biological, radiological, and nuclear +and other emerging terrorist threats carried out by the +Department of Health and Human Services (including the Public +Health Service), the Secretary of Health and Human Services +shall set priorities and preparedness goals and further develop +a coordinated strategy for such activities in collaboration +with the Secretary. + (b) Evaluation of Progress.--In carrying out subsection +(a), the Secretary of Health and Human Services shall +collaborate with the Secretary in developing specific +benchmarks and outcome measurements for evaluating progress +toward achieving the priorities and goals described in such +subsection. + +SEC. 519. [6 U.S.C. 321H] USE OF NATIONAL PRIVATE SECTOR NETWORKS IN + EMERGENCY RESPONSE. + + To the maximum extent practicable, the Secretary shall use +national private sector networks and infrastructure for +emergency response to chemical, biological, radiological, +nuclear, or explosive disasters, and other major disasters. + +SEC. 520. [6 U.S.C. 321I] USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, + GOODS, AND SERVICES. + + It is the sense of Congress that-- + (1) the Secretary should, to the maximum extent + possible, use off-the-shelf commercially developed + technologies to ensure that the Department's + information technology systems allow the Department to + collect, manage, share, analyze, and disseminate + information securely over multiple channels of + communication; and + (2) in order to further the policy of the United + States to avoid competing commercially with the private + sector, the Secretary should rely on commercial sources + to supply the goods and services needed by the + Department. + +SEC. 521. [6 U.S.C. 321J] PROCUREMENT OF SECURITY COUNTERMEASURES FOR + STRATEGIC NATIONAL STOCKPILE. + + (a) Authorization of Appropriations.--For the procurement +of security countermeasures under section 319F-2(c) of the +Public Health Service Act (referred to in this section as the +``security countermeasures program''), there is authorized to +be appropriated up to $5,593,000,000 for the fiscal years 2004 +through 2013. Of the amounts appropriated under the preceding +sentence, not to exceed $3,418,000,000 may be obligated during +the fiscal years 2004 through 2008, of which not to exceed +$890,000,000 may be obligated during fiscal year 2004. None of +the funds made available under this subsection shall be used to +procure countermeasures to diagnose, mitigate, prevent, or +treat harm resulting from any naturally occurring infectious +disease or other public health threat that are not security +countermeasures under section 319F-2(c)(1)(B). \1\ +--------------------------------------------------------------------------- + \1\ The last sentence in section 521(a) was added to reflect the +probable intent of Congress. Section 403(c) of Public Law 109-417 (120 +Stat. 2874) provides as follows: + + (c) Limitation on Use of Funds.--Section 510(a) of the Homeland +Security Act of 2002 (6 U.S.C. 320(a)) is amended by adding at the end +the following: ``None of the funds made available under this subsection +shall be used to procure countermeasures to diagnose, mitigate, +prevent, or treat harm resulting from any naturally occurring +infectious disease or other public health threat that are not security +countermeasures under section 319F-2(c)(1)(B).''. + + Section 510 of the Homeland Security Act of 2002 was redesignated +as section 521 by section 611(7) of Public Law 109-295 (120 Stat. +1395). +--------------------------------------------------------------------------- + (b) Special Reserve Fund.--For purposes of the security +countermeasures program, the term ``special reserve fund'' +means the ``Biodefense Countermeasures'' appropriations account +or any other appropriation made under subsection (a). + (c) Availability.--Amounts appropriated under subsection +(a) become available for a procurement under the security +countermeasures program only upon the approval by the President +of such availability for the procurement in accordance with +paragraph (6)(B) of such program. + (d) Related Authorizations of Appropriations.-- + (1) Threat assessment capabilities.--For the + purpose of carrying out the responsibilities of the + Secretary for terror threat assessment under the + security countermeasures program, there are authorized + to be appropriated such sums as may be necessary for + each of the fiscal years 2004 through 2006, for the + hiring of professional personnel within the Office of + Intelligence and Analysis, who shall be analysts + responsible for chemical, biological, radiological, and + nuclear threat assessment (including but not limited to + analysis of chemical, biological, radiological, and + nuclear agents, the means by which such agents could be + weaponized or used in a terrorist attack, and the + capabilities, plans, and intentions of terrorists and + other non-state actors who may have or acquire such + agents). All such analysts shall meet the applicable + standards and qualifications for the performance of + intelligence activities promulgated by the Director of + Central Intelligence pursuant to section 104 of the + National Security Act of 1947. + (2) Intelligence sharing infrastructure.--For the + purpose of carrying out the acquisition and deployment + of secure facilities (including information technology + and physical infrastructure, whether mobile and + temporary, or permanent) sufficient to permit the + Secretary to receive, not later than 180 days after the + date of enactment of the Project BioShield Act of 2004, + all classified information and products to which the + Under Secretary for Intelligence and Analysis is + entitled under subtitle A of title II, there are + authorized to be appropriated such sums as may be + necessary for each of the fiscal years 2004 through + 2006. + +SEC. 522. [6 U.S.C. 321K] MODEL STANDARDS AND GUIDELINES FOR CRITICAL + INFRASTRUCTURE WORKERS. + + (a) In General.--Not later than 12 months after the date of +enactment of the Implementing Recommendations of the 9/11 +Commission Act of 2007, and in coordination with appropriate +national professional organizations, Federal, State, local, and +tribal government agencies, and private-sector and +nongovernmental entities, the Administrator shall establish +model standards and guidelines for credentialing critical +infrastructure workers that may be used by a State to +credential critical infrastructure workers that may respond to +a natural disaster, act of terrorism, or other man-made +disaster. + (b) Distribution and Assistance.--The Administrator shall +provide the standards developed under subsection (a), including +detailed written guidance, to State, local, and tribal +governments, and provide expertise and technical assistance to +aid such governments with credentialing critical infrastructure +workers that may respond to a natural disaster, act of +terrorism, or other manmade disaster. + +SEC. 523. [6 U.S.C. 321L] GUIDANCE AND RECOMMENDATIONS. + + (a) In General.--Consistent with their responsibilities and +authorities under law, as of the day before the date of the +enactment of this section, the Administrator and the Assistant +Secretary for Infrastructure Protection, in consultation with +the private sector, may develop guidance or recommendations and +identify best practices to assist or foster action by the +private sector in-- + (1) identifying potential hazards and assessing + risks and impacts; + (2) mitigating the impact of a wide variety of + hazards, including weapons of mass destruction; + (3) managing necessary emergency preparedness and + response resources; + (4) developing mutual aid agreements; + (5) developing and maintaining emergency + preparedness and response plans, and associated + operational procedures; + (6) developing and conducting training and + exercises to support and evaluate emergency + preparedness and response plans and operational + procedures; + (7) developing and conducting training programs for + security guards to implement emergency preparedness and + response plans and operations procedures; and + (8) developing procedures to respond to requests + for information from the media or the public. + (b) Issuance and Promotion.--Any guidance or +recommendations developed or best practices identified under +subsection (a) shall be-- + (1) issued through the Administrator; and + (2) promoted by the Secretary to the private + sector. + (c) Small Business Concerns.--In developing guidance or +recommendations or identifying best practices under subsection +(a), the Administrator and the Assistant Secretary for +Infrastructure Protection shall take into consideration small +business concerns (under the meaning given that term in section +3 of the Small Business Act (15 U.S.C. 632)), including any +need for separate guidance or recommendations or best +practices, as necessary and appropriate. + (d) Rule of Construction.--Nothing in this section may be +construed to supersede any requirement established under any +other provision of law. + +SEC. 524. [6 U.S.C. 321M] VOLUNTARY PRIVATE SECTOR PREPAREDNESS + ACCREDITATION AND CERTIFICATION PROGRAM. + + (a) Establishment.-- + (1) In general.--The Secretary, acting through the + officer designated under paragraph (2), shall establish + and implement the voluntary private sector preparedness + accreditation and certification program in accordance + with this section. + (2) Designation of officer.--The Secretary shall + designate an officer responsible for the accreditation + and certification program under this section. Such + officer (hereinafter referred to in this section as the + ``designated officer'') shall be one of the following: + (A) The Administrator, based on + consideration of-- + (i) the expertise of the + Administrator in emergency management + and preparedness in the United States; + and + (ii) the responsibilities of the + Administrator as the principal advisor + to the President for all matters + relating to emergency management in the + United States. + (B) The Assistant Secretary for + Infrastructure Protection, based on + consideration of the expertise of the Assistant + Secretary in, and responsibilities for-- + (i) protection of critical + infrastructure; + (ii) risk assessment methodologies; + and + (iii) interacting with the private + sector on the issues described in + clauses (i) and (ii). + (C) The Under Secretary for Science and + Technology, based on consideration of the + expertise of the Under Secretary in, and + responsibilities associated with, standards. + (3) Coordination.--In carrying out the + accreditation and certification program under this + section, the designated officer shall coordinate with-- + (A) the other officers of the Department + referred to in paragraph (2), using the + expertise and responsibilities of such + officers; and + (B) the Special Assistant to the Secretary + for the Private Sector, based on consideration + of the expertise of the Special Assistant in, + and responsibilities for, interacting with the + private sector. + (b) Voluntary Private Sector Preparedness Standards; +Voluntary Accreditation and Certification Program for the +Private Sector.-- + (1) Accreditation and certification program.--Not + later than 210 days after the date of enactment of the + Implementing Recommendations of the 9/11 Commission Act + of 2007, the designated officer shall-- + (A) begin supporting the development and + updating, as necessary, of voluntary + preparedness standards through appropriate + organizations that coordinate or facilitate the + development and use of voluntary consensus + standards and voluntary consensus standards + development organizations; and + (B) in consultation with representatives of + appropriate organizations that coordinate or + facilitate the development and use of voluntary + consensus standards, appropriate voluntary + consensus standards development organizations, + each private sector advisory council created + under section 102(f)(4), appropriate + representatives of State and local governments, + including emergency management officials, and + appropriate private sector advisory groups, + such as sector coordinating councils and + information sharing and analysis centers-- + (i) develop and promote a program + to certify the preparedness of private + sector entities that voluntarily choose + to seek certification under the + program; and + (ii) implement the program under + this subsection through any entity with + which the designated officer enters + into an agreement under paragraph + (3)(A), which shall accredit third + parties to carry out the certification + process under this section. + (2) Program elements.-- + (A) In general.-- + (i) Program.--The program developed + and implemented under this subsection + shall assess whether a private sector + entity complies with voluntary + preparedness standards. + (ii) Guidelines.--In developing the + program under this subsection, the + designated officer shall develop + guidelines for the accreditation and + certification processes established + under this subsection. + (B) Standards.--The designated officer, in + consultation with representatives of + appropriate organizations that coordinate or + facilitate the development and use of voluntary + consensus standards, representatives of + appropriate voluntary consensus standards + development organizations, each private sector + advisory council created under section + 102(f)(4), appropriate representatives of State + and local governments, including emergency + management officials, and appropriate private + sector advisory groups such as sector + coordinating councils and information sharing + and analysis centers-- + (i) shall adopt one or more + appropriate voluntary preparedness + standards that promote preparedness, + which may be tailored to address the + unique nature of various sectors within + the private sector, as necessary and + appropriate, that shall be used in the + accreditation and certification program + under this subsection; and + (ii) after the adoption of one or + more standards under clause (i), may + adopt additional voluntary preparedness + standards or modify or discontinue the + use of voluntary preparedness standards + for the accreditation and certification + program, as necessary and appropriate + to promote preparedness. + (C) Submission of recommendations.--In + adopting one or more standards under + subparagraph (B), the designated officer may + receive recommendations from any entity + described in that subparagraph relating to + appropriate voluntary preparedness standards, + including appropriate sector specific + standards, for adoption in the program. + (D) Small business concerns.--The + designated officer and any entity with which + the designated officer enters into an agreement + under paragraph (3)(A) shall establish separate + classifications and methods of certification + for small business concerns (under the meaning + given that term in section 3 of the Small + Business Act (15 U.S.C. 632)) for the program + under this subsection. + (E) Considerations.--In developing and + implementing the program under this subsection, + the designated officer shall-- + (i) consider the unique nature of + various sectors within the private + sector, including preparedness + standards, business continuity + standards, or best practices, + established-- + (I) under any other + provision of Federal law; or + (II) by any sector-specific + agency, as defined under + Homeland Security Presidential + Directive-7; and + (ii) coordinate the program, as + appropriate, with-- + (I) other Department + private sector related + programs; and + (II) preparedness and + business continuity programs in + other Federal agencies. + (3) Accreditation and certification processes.-- + (A) Agreement.-- + (i) In general.--Not later than 210 + days after the date of enactment of the + Implementing Recommendations of the 9/ + 11 Commission Act of 2007, the + designated officer shall enter into one + or more agreements with a highly + qualified nongovernmental entity with + experience or expertise in coordinating + and facilitating the development and + use of voluntary consensus standards + and in managing or implementing + accreditation and certification + programs for voluntary consensus + standards, or a similarly qualified + private sector entity, to carry out + accreditations and oversee the + certification process under this + subsection. An entity entering into an + agreement with the designated officer + under this clause (hereinafter referred + to in this section as a ``selected + entity'') shall not perform + certifications under this subsection. + (ii) Contents.--A selected entity + shall manage the accreditation process + and oversee the certification process + in accordance with the program + established under this subsection and + accredit qualified third parties to + carry out the certification program + established under this subsection. + (B) Procedures and requirements for + accreditation and certification.-- + (i) In general.--Any selected + entity shall collaborate to develop + procedures and requirements for the + accreditation and certification + processes under this subsection, in + accordance with the program established + under this subsection and guidelines + developed under paragraph (2)(A)(ii). + (ii) Contents and use.--The + procedures and requirements developed + under clause (i) shall-- + (I) ensure reasonable + uniformity in any accreditation + and certification processes if + there is more than one selected + entity; and + (II) be used by any + selected entity in conducting + accreditations and overseeing + the certification process under + this subsection. + (iii) Disagreement.--Any + disagreement among selected entities in + developing procedures under clause (i) + shall be resolved by the designated + officer. + (C) Designation.--A selected entity may + accredit any qualified third party to carry out + the certification process under this + subsection. + (D) Disadvantaged business involvement.--In + accrediting qualified third parties to carry + out the certification process under this + subsection, a selected entity shall ensure, to + the extent practicable, that the third parties + include qualified small, minority, women-owned, + or disadvantaged business concerns when + appropriate. The term ``disadvantaged business + concern'' means a small business that is owned + and controlled by socially and economically + disadvantaged individuals, as defined in + section 124 of title 13, United States Code of + Federal Regulations. + (E) Treatment of other certifications.--At + the request of any entity seeking + certification, any selected entity may + consider, as appropriate, other relevant + certifications acquired by the entity seeking + certification. If the selected entity + determines that such other certifications are + sufficient to meet the certification + requirement or aspects of the certification + requirement under this section, the selected + entity may give credit to the entity seeking + certification, as appropriate, to avoid + unnecessarily duplicative certification + requirements. + (F) Third parties.--To be accredited under + subparagraph (C), a third party shall-- + (i) demonstrate that the third + party has the ability to certify + private sector entities in accordance + with the procedures and requirements + developed under subparagraph (B); + (ii) agree to perform + certifications in accordance with such + procedures and requirements; + (iii) agree not to have any + beneficial interest in or any direct or + indirect control over-- + (I) a private sector entity + for which that third party + conducts a certification under + this subsection; or + (II) any organization that + provides preparedness + consulting services to private + sector entities; + (iv) agree not to have any other + conflict of interest with respect to + any private sector entity for which + that third party conducts a + certification under this subsection; + (v) maintain liability insurance + coverage at policy limits in accordance + with the requirements developed under + subparagraph (B); and + (vi) enter into an agreement with + the selected entity accrediting that + third party to protect any proprietary + information of a private sector entity + obtained under this subsection. + (G) Monitoring.-- + (i) In general.--The designated + officer and any selected entity shall + regularly monitor and inspect the + operations of any third party + conducting certifications under this + subsection to ensure that the third + party is complying with the procedures + and requirements established under + subparagraph (B) and all other + applicable requirements. + (ii) Revocation.--If the designated + officer or any selected entity + determines that a third party is not + meeting the procedures or requirements + established under subparagraph (B), the + selected entity shall-- + (I) revoke the + accreditation of that third + party to conduct certifications + under this subsection; and + (II) review any + certification conducted by that + third party, as necessary and + appropriate. + (4) Annual review.-- + (A) In general.--The designated officer, in + consultation with representatives of + appropriate organizations that coordinate or + facilitate the development and use of voluntary + consensus standards, appropriate voluntary + consensus standards development organizations, + appropriate representatives of State and local + governments, including emergency management + officials, and each private sector advisory + council created under section 102(f)(4), shall + annually review the voluntary accreditation and + certification program established under this + subsection to ensure the effectiveness of such + program (including the operations and + management of such program by any selected + entity and the selected entity's inclusion of + qualified disadvantaged business concerns under + paragraph (3)(D)) and make improvements and + adjustments to the program as necessary and + appropriate. + (B) Review of standards.--Each review under + subparagraph (A) shall include an assessment of + the voluntary preparedness standard or + standards used in the program under this + subsection. + (5) Voluntary participation.--Certification under + this subsection shall be voluntary for any private + sector entity. + (6) Public listing.--The designated officer shall + maintain and make public a listing of any private + sector entity certified as being in compliance with the + program established under this subsection, if that + private sector entity consents to such listing. + (c) Rule of Construction.--Nothing in this section may be +construed as-- + (1) a requirement to replace any preparedness, + emergency response, or business continuity standards, + requirements, or best practices established-- + (A) under any other provision of federal + law; or + (B) by any sector-specific agency, as those + agencies are defined under Homeland Security + Presidential Directive-7; or + (2) exempting any private sector entity seeking + certification or meeting certification requirements + under subsection (b) from compliance with all + applicable statutes, regulations, directives, policies, + and industry codes of practice. + + TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED + FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS + +SEC. 601. [6 U.S.C. 331] TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF + THE ARMED FORCES OF THE UNITED STATES AND OTHER + GOVERNMENTAL ORGANIZATIONS. + + (a) Findings.--Congress finds the following: + (1) Members of the Armed Forces of the United + States defend the freedom and security of our Nation. + (2) Members of the Armed Forces of the United + States have lost their lives while battling the evils + of terrorism around the world. + (3) Personnel of the Central Intelligence Agency + (CIA) charged with the responsibility of covert + observation of terrorists around the world are often + put in harm's way during their service to the United + States. + (4) Personnel of the Central Intelligence Agency + have also lost their lives while battling the evils of + terrorism around the world. + (5) Employees of the Federal Bureau of + Investigation (FBI) and other Federal agencies charged + with domestic protection of the United States put their + lives at risk on a daily basis for the freedom and + security of our Nation. + (6) United States military personnel, CIA + personnel, FBI personnel, and other Federal agents in + the service of the United States are patriots of the + highest order. + (7) CIA officer Johnny Micheal Spann became the + first American to give his life for his country in the + War on Terrorism declared by President George W. Bush + following the terrorist attacks of September 11, 2001. + (8) Johnny Micheal Spann left behind a wife and + children who are very proud of the heroic actions of + their patriot father. + (9) Surviving dependents of members of the Armed + Forces of the United States who lose their lives as a + result of terrorist attacks or military operations + abroad receive a $6,000 death benefit, plus a small + monthly benefit. + (10) The current system of compensating spouses and + children of American patriots is inequitable and needs + improvement. + (b) Designation of Johnny Micheal Spann Patriot Trusts.-- +Any charitable corporation, fund, foundation, or trust (or +separate fund or account thereof) which otherwise meets all +applicable requirements under law with respect to charitable +entities and meets the requirements described in subsection (c) +shall be eligible to characterize itself as a ``Johnny Micheal +Spann Patriot Trust''. + (c) Requirements for the Designation of Johnny Micheal +Spann Patriot Trusts.--The requirements described in this +subsection are as follows: + (1) Not taking into account funds or donations + reasonably necessary to establish a trust, at least 85 + percent of all funds or donations (including any + earnings on the investment of such funds or donations) + received or collected by any Johnny Micheal Spann + Patriot Trust must be distributed to (or, if placed in + a private foundation, held in trust for) surviving + spouses, children, or dependent parents, grandparents, + or siblings of 1 or more of the following: + (A) members of the Armed Forces of the + United States; + (B) personnel, including contractors, of + elements of the intelligence community, as + defined in section 3(4) of the National + Security Act of 1947; + (C) employees of the Federal Bureau of + Investigation; and + (D) officers, employees, or contract + employees of the United States Government, + whose deaths occur in the line of duty and arise out of + terrorist attacks, military operations, intelligence + operations, or law enforcement operations or accidents + connected with activities occurring after September 11, + 2001, and related to domestic or foreign efforts to + curb international terrorism, including the + Authorization for Use of Military Force (Public Law + 107-40; 115 Stat. 224). + (2) Other than funds or donations reasonably + necessary to establish a trust, not more than 15 + percent of all funds or donations (or 15 percent of + annual earnings on funds invested in a private + foundation) may be used for administrative purposes. + (3) No part of the net earnings of any Johnny + Micheal Spann Patriot Trust may inure to the benefit of + any individual based solely on the position of such + individual as a shareholder, an officer or employee of + such Trust. + (4) None of the activities of any Johnny Micheal + Spann Patriot Trust shall be conducted in a manner + inconsistent with any law that prohibits attempting to + influence legislation. + (5) No Johnny Micheal Spann Patriot Trust may + participate in or intervene in any political campaign + on behalf of (or in opposition to) any candidate for + public office, including by publication or distribution + of statements. + (6) Each Johnny Micheal Spann Patriot Trust shall + comply with the instructions and directions of the + Director of Central Intelligence, the Attorney General, + or the Secretary of Defense relating to the protection + of intelligence sources and methods, sensitive law + enforcement information, or other sensitive national + security information, including methods for + confidentially disbursing funds. + (7) Each Johnny Micheal Spann Patriot Trust that + receives annual contributions totaling more than + $1,000,000 must be audited annually by an independent + certified public accounting firm. Such audits shall be + filed with the Internal Revenue Service, and shall be + open to public inspection, except that the conduct, + filing, and availability of the audit shall be + consistent with the protection of intelligence sources + and methods, of sensitive law enforcement information, + and of other sensitive national security information. + (8) Each Johnny Micheal Spann Patriot Trust shall + make distributions to beneficiaries described in + paragraph (1) at least once every calendar year, + beginning not later than 12 months after the formation + of such Trust, and all funds and donations received and + earnings not placed in a private foundation dedicated + to such beneficiaries must be distributed within 36 + months after the end of the fiscal year in which such + funds, donations, and earnings are received. + (9)(A) When determining the amount of a + distribution to any beneficiary described in paragraph + (1), a Johnny Micheal Spann Patriot Trust should take + into account the amount of any collateral source + compensation that the beneficiary has received or is + entitled to receive as a result of the death of an + individual described in paragraph (1). + (B) Collateral source compensation includes all + compensation from collateral sources, including life + insurance, pension funds, death benefit programs, and + payments by Federal, State, or local governments + related to the death of an individual described in + paragraph (1). + (d) Treatment of Johnny Micheal Spann Patriot Trusts.--Each +Johnny Micheal Spann Patriot Trust shall refrain from +conducting the activities described in clauses (i) and (ii) of +section 301(20)(A) of the Federal Election Campaign Act of 1971 +so that a general solicitation of funds by an individual +described in paragraph (1) of section 323(e) of such Act will +be permissible if such solicitation meets the requirements of +paragraph (4)(A) of such section. + (e) Notification of Trust Beneficiaries.--Notwithstanding +any other provision of law, and in a manner consistent with the +protection of intelligence sources and methods and sensitive +law enforcement information, and other sensitive national +security information, the Secretary of Defense, the Director of +the Federal Bureau of Investigation, or the Director of Central +Intelligence, or their designees, as applicable, may forward +information received from an executor, administrator, or other +legal representative of the estate of a decedent described in +subparagraph (A), (B), (C), or (D) of subsection (c)(1), to a +Johnny Micheal Spann Patriot Trust on how to contact +individuals eligible for a distribution under subsection (c)(1) +for the purpose of providing assistance from such Trust: +Provided, That, neither forwarding nor failing to forward any +information under this subsection shall create any cause of +action against any Federal department, agency, officer, agent, +or employee. + (f) Regulations.--Not later than 90 days after the date of +enactment of this Act, the Secretary of Defense, in +coordination with the Attorney General, the Director of the +Federal Bureau of Investigation, and the Director of Central +Intelligence, shall prescribe regulations to carry out this +section. + + TITLE VII--MANAGEMENT + +SEC. 701. [6 U.S.C. 341] UNDER SECRETARY FOR MANAGEMENT. + + (a) In General.--The Under Secretary for Management shall +serve as the Chief Management Officer and principal advisor to +the Secretary on matters related to the management of the +Department, including management integration and transformation +in support of homeland security operations and programs. The +Secretary, acting through the Under Secretary for Management, +shall be responsible for the management and administration of +the Department, including the following: + (1) The budget, appropriations, expenditures of + funds, accounting, and finance. + (2) Procurement. + (3) Human resources and personnel. + (4) Information technology and communications + systems. + (5) Facilities, property, equipment, and other + material resources. + (6) Security for personnel, information technology + and communications systems, facilities, property, + equipment, and other material resources. + (7) Strategic management planning and annual + performance planning and identification and tracking of + performance measures relating to the responsibilities + of the Department. + (8) Grants and other assistance management + programs. + (9) The management integration and transformation + process, as well as the transition process, to ensure + an efficient and orderly consolidation of functions and + personnel in the Department and transition, including-- + (A) the development of a management + integration strategy for the Department, and + (B) before December 1 of any year in which + a Presidential election is held, the + development of a transition and succession + plan, to be made available to the incoming + Secretary and Under Secretary for Management, + to guide the transition of management functions + to a new Administration. + (10) The conduct of internal audits and management + analyses of the programs and activities of the + Department. + (11) Any other management duties that the Secretary + may designate. + (b) Immigration.-- + (1) In general.--In addition to the + responsibilities described in subsection (a), the Under + Secretary for Management shall be responsible for the + following: + (A) Maintenance of all immigration + statistical information of the Bureau of Border + Security and the Bureau of Citizenship and + Immigration Services. Such statistical + information shall include information and + statistics of the type contained in the + publication entitled ``Statistical Yearbook of + the Immigration and Naturalization Service'' + prepared by the Immigration and Naturalization + Service (as in effect immediately before the + date on which the transfer of functions + specified under section 441 takes effect), + including region-by-region statistics on the + aggregate number of applications and petitions + filed by an alien (or filed on behalf of an + alien) and denied by such bureau, and the + reasons for such denials, disaggregated by + category of denial and application or petition + type. + (B) Establishment of standards of + reliability and validity for immigration + statistics collected by such bureaus. + (2) Transfer of functions.--In accordance with + title XV, there shall be transferred to the Under + Secretary for Management all functions performed + immediately before such transfer occurs by the + Statistics Branch of the Office of Policy and Planning + of the Immigration and Naturalization Service with + respect to the following programs: + (A) The Border Patrol program. + (B) The detention and removal program. + (C) The intelligence program. + (D) The investigations program. + (E) The inspections program. + (F) Adjudication of immigrant visa + petitions. + (G) Adjudication of naturalization + petitions. + (H) Adjudication of asylum and refugee + applications. + (I) Adjudications performed at service + centers. + (J) All other adjudications performed by + the Immigration and Naturalization Service. + (c) Appointment and Evaluation.--The Under Secretary for +Management shall-- + (1) be appointed by the President, by and with the + advice and consent of the Senate, from among persons + who have-- + (A) extensive executive level leadership + and management experience in the public or + private sector; + (B) strong leadership skills; + (C) a demonstrated ability to manage large + and complex organizations; and + (D) a proven record in achieving positive + operational results; + (2) enter into an annual performance agreement with + the Secretary that shall set forth measurable + individual and organizational goals; and + (3) be subject to an annual performance evaluation + by the Secretary, who shall determine as part of each + such evaluation whether the Under Secretary for + Management has made satisfactory progress toward + achieving the goals set out in the performance + agreement required under paragraph (2). + +SEC. 702. [6 U.S.C. 342] CHIEF FINANCIAL OFFICER. + + (a) In General.--The Chief Financial Officer shall perform +functions as specified in chapter 9 of title 31, United States +Code, and, with respect to all such functions and other +responsibilities that may be assigned to the Chief Financial +Officer from time to time, shall also report to the Under +Secretary for Management. + (b) Program Analysis and Evaluation Function.-- + (1) Establishment of office of program analysis and + evaluation.--Not later than 90 days after the date of + enactment of this subsection, the Secretary shall + establish an Office of Program Analysis and Evaluation + within the Department (in this section referred to as + the ``Office''). + (2) Responsibilities.--The Office shall perform the + following functions: + (A) Analyze and evaluate plans, programs, + and budgets of the Department in relation to + United States homeland security objectives, + projected threats, vulnerability assessments, + estimated costs, resource constraints, and the + most recent homeland security strategy + developed pursuant to section 874(b)(2). + (B) Develop and perform analyses and + evaluations of alternative plans, programs, + personnel levels, and budget submissions for + the Department in relation to United States + homeland security objectives, projected + threats, vulnerability assessments, estimated + costs, resource constraints, and the most + recent homeland security strategy developed + pursuant to section 874(b)(2). + (C) Establish policies for, and oversee the + integration of, the planning, programming, and + budgeting system of the Department. + (D) Review and ensure that the Department + meets performance-based budget requirements + established by the Office of Management and + Budget. + (E) Provide guidance for, and oversee the + development of, the Future Years Homeland + Security Program of the Department, as + specified under section 874. + (F) Ensure that the costs of Department + programs, including classified programs, are + presented accurately and completely. + (G) Oversee the preparation of the annual + performance plan for the Department and the + program and performance section of the annual + report on program performance for the + Department, consistent with sections 1115 and + 1116, respectively, of title 31, United States + Code. + (H) Provide leadership in developing and + promoting improved analytical tools and methods + for analyzing homeland security planning and + the allocation of resources. + (I) Any other responsibilities delegated by + the Secretary consistent with an effective + program analysis and evaluation function. + (3) Director of program analysis and evaluation.-- + There shall be a Director of Program Analysis and + Evaluation, who-- + (A) shall be a principal staff assistant to + the Chief Financial Officer of the Department + for program analysis and evaluation; and + (B) shall report to an official no lower + than the Chief Financial Officer. + (4) Reorganization.-- + (A) In general.--The Secretary may allocate + or reallocate the functions of the Office, or + discontinue the Office, in accordance with + section 872(a). + (B) Exemption from limitations.--Section + 872(b) shall not apply to any action by the + Secretary under this paragraph. + (c) Notification Regarding Transfer or Reprogramming of +Funds.--In any case in which appropriations available to the +Department or any officer of the Department are transferred or +reprogrammed and notice of such transfer or reprogramming is +submitted to the Congress (including any officer, office, or +Committee of the Congress), the Chief Financial Officer of the +Department shall simultaneously submit such notice to the +Select Committee on Homeland Security (or any successor to the +jurisdiction of that committee) and the Committee on Government +Reform of the House of Representatives, and to the Committee on +Governmental Affairs of the Senate. + +SEC. 703. [6 U.S.C. 343] CHIEF INFORMATION OFFICER. + + (a) In General.--The Chief Information Officer shall report +to the Secretary, or to another official of the Department, as +the Secretary may direct. + (b) Geospatial Information Functions.-- + (1) Definitions.--As used in this subsection: + (A) Geospatial information.--The term + ``geospatial information'' means graphical or + digital data depicting natural or manmade + physical features, phenomena, or boundaries of + the earth and any information related thereto, + including surveys, maps, charts, remote sensing + data, and images. + (B) Geospatial technology.--The term + ``geospatial technology'' means any technology + utilized by analysts, specialists, surveyors, + photogrammetrists, hydrographers, geodesists, + cartographers, architects, or engineers for the + collection, storage, retrieval, or + dissemination of geospatial information, + including-- + (i) global satellite surveillance + systems; + (ii) global position systems; + (iii) geographic information + systems; + (iv) mapping equipment; + (v) geocoding technology; and + (vi) remote sensing devices. + (2) Office of geospatial management.-- + (A) Establishment.--The Office of + Geospatial Management is established within the + Office of the Chief Information Officer. + (B) Geospatial information officer.-- + (i) Appointment.--The Office of + Geospatial Management shall be + administered by the Geospatial + Information Officer, who shall be + appointed by the Secretary and serve + under the direction of the Chief + Information Officer. + (ii) Functions.--The Geospatial + Information Officer shall assist the + Chief Information Officer in carrying + out all functions under this section + and in coordinating the geospatial + information needs of the Department. + (C) Coordination of geospatial + information.--The Chief Information Officer + shall establish and carry out a program to + provide for the efficient use of geospatial + information, which shall include-- + (i) providing such geospatial + information as may be necessary to + implement the critical infrastructure + protection programs; + (ii) providing leadership and + coordination in meeting the geospatial + information requirements of those + responsible for planning, prevention, + mitigation, assessment and response to + emergencies, critical infrastructure + protection, and other functions of the + Department; and + (iii) coordinating with users of + geospatial information within the + Department to assure interoperability + and prevent unnecessary duplication. + (D) Responsibilities.--In carrying out this + subsection, the responsibilities of the Chief + Information Officer shall include-- + (i) coordinating the geospatial + information needs and activities of the + Department; + (ii) implementing standards, as + adopted by the Director of the Office + of Management and Budget under the + processes established under section 216 + of the E-Government Act of 2002 (44 + U.S.C. 3501 note), to facilitate the + interoperability of geospatial + information pertaining to homeland + security among all users of such + information within-- + (I) the Department; + (II) State and local + government; and + (III) the private sector; + (iii) coordinating with the Federal + Geographic Data Committee and carrying + out the responsibilities of the + Department pursuant to Office of + Management and Budget Circular A-16 and + Executive Order 12906; and + (iv) making recommendations to the + Secretary and the Executive Director of + the Office for State and Local + Government Coordination and + Preparedness on awarding grants to-- + (I) fund the creation of + geospatial data; and + (II) execute information + sharing agreements regarding + geospatial data with State, + local, and tribal governments. + (3) Authorization of appropriations.--There are + authorized to be appropriated such sums as may be + necessary to carry out this subsection for each fiscal + year. + +SEC. 704. [6 U.S.C. 344] CHIEF HUMAN CAPITAL OFFICER. + + The Chief Human Capital Officer shall report to the +Secretary, or to another official of the Department, as the +Secretary may direct and shall ensure that all employees of the +Department are informed of their rights and remedies under +chapters 12 and 23 of title 5, United States Code, by-- + (1) participating in the 2302(c) Certification + Program of the Office of Special Counsel; + (2) achieving certification from the Office of + Special Counsel of the Department's compliance with + section 2302(c) of title 5, United States Code; and + (3) informing Congress of such certification not + later than 24 months after the date of enactment of + this Act. + +SEC. 705. [6 U.S.C. 345] ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND + CIVIL LIBERTIES. + + (a) In General.--The Officer for Civil Rights and Civil +Liberties, who shall report directly to the Secretary, shall-- + (1) review and assess information concerning abuses + of civil rights, civil liberties, and profiling on the + basis of race, ethnicity, or religion, by employees and + officials of the Department; + (2) make public through the Internet, radio, + television, or newspaper advertisements information on + the responsibilities and functions of, and how to + contact, the Officer; + (3) assist the Secretary, directorates, and offices + of the Department to develop, implement, and + periodically review Department policies and procedures + to ensure that the protection of civil rights and civil + liberties is appropriately incorporated into Department + programs and activities; + (4) oversee compliance with constitutional, + statutory, regulatory, policy, and other requirements + relating to the civil rights and civil liberties of + individuals affected by the programs and activities of + the Department; + (5) coordinate with the Privacy Officer to ensure + that-- + (A) programs, policies, and procedures + involving civil rights, civil liberties, and + privacy considerations are addressed in an + integrated and comprehensive manner; and + (B) Congress receives appropriate reports + regarding such programs, policies, and + procedures; and + (6) investigate complaints and information + indicating possible abuses of civil rights or civil + liberties, unless the Inspector General of the + Department determines that any such complaint or + information should be investigated by the Inspector + General. + (b) Report.--The Secretary shall submit to the + President of the Senate, the Speaker of the House of + Representatives, and the appropriate committees and + subcommittees of Congress on an annual basis a report + on the implementation of this section, including the + use of funds appropriated to carry out this section, + and detailing any allegations of abuses described under + subsection (a)(1) and any actions taken by the + Department in response to such allegations. + +SEC. 706. [6 U.S.C. 346] CONSOLIDATION AND CO-LOCATION OF OFFICES. + + Not later than 1 year after the date of the enactment of +this Act, the Secretary shall develop and submit to Congress a +plan for consolidating and co-locating-- + (1) any regional offices or field offices of + agencies that are transferred to the Department under + this Act, if such officers are located in the same + municipality; and + (2) portions of regional and field offices of other + Federal agencies, to the extent such offices perform + functions that are transferred to the Secretary under + this Act. + +SEC. 707. [6 U.S.C. 347] QUADRENNIAL HOMELAND SECURITY REVIEW. + + (a) Requirement.-- + (1) Quadrennial reviews required.--In fiscal year + 2009, and every 4 years thereafter, the Secretary shall + conduct a review of the homeland security of the Nation + (in this section referred to as a ``quadrennial + homeland security review''). + (2) Scope of reviews.--Each quadrennial homeland + security review shall be a comprehensive examination of + the homeland security strategy of the Nation, including + recommendations regarding the long-term strategy and + priorities of the Nation for homeland security and + guidance on the programs, assets, capabilities, budget, + policies, and authorities of the Department. + (3) Consultation.--The Secretary shall conduct each + quadrennial homeland security review under this + subsection in consultation with-- + (A) the heads of other Federal agencies, + including the Attorney General, the Secretary + of State, the Secretary of Defense, the + Secretary of Health and Human Services, the + Secretary of the Treasury, the Secretary of + Agriculture, and the Director of National + Intelligence; + (B) key officials of the Department; and + (C) other relevant governmental and + nongovernmental entities, including State, + local, and tribal government officials, members + of Congress, private sector representatives, + academics, and other policy experts. + (4) Relationship with future years homeland + security program.--The Secretary shall ensure that each + review conducted under this section is coordinated with + the Future Years Homeland Security Program required + under section 874. + (b) Contents of Review.--In each quadrennial homeland +security review, the Secretary shall-- + (1) delineate and update, as appropriate, the + national homeland security strategy, consistent with + appropriate national and Department strategies, + strategic plans, and Homeland Security Presidential + Directives, including the National Strategy for + Homeland Security, the National Response Plan, and the + Department Security Strategic Plan; + (2) outline and prioritize the full range of the + critical homeland security mission areas of the Nation; + (3) describe the interagency cooperation, + preparedness of Federal response assets, + infrastructure, budget plan, and other elements of the + homeland security program and policies of the Nation + associated with the national homeland security + strategy, required to execute successfully the full + range of missions called for in the national homeland + security strategy described in paragraph (1) and the + homeland security mission areas outlined under + paragraph (2); + (4) identify the budget plan required to provide + sufficient resources to successfully execute the full + range of missions called for in the national homeland + security strategy described in paragraph (1) and the + homeland security mission areas outlined under + paragraph (2); + (5) include an assessment of the organizational + alignment of the Department with the national homeland + security strategy referred to in paragraph (1) and the + homeland security mission areas outlined under + paragraph (2); and + (6) review and assess the effectiveness of the + mechanisms of the Department for executing the process + of turning the requirements developed in the + quadrennial homeland security review into an + acquisition strategy and expenditure plan within the + Department. + (c) Reporting.-- + (1) In general.--Not later than December 31 of the + year in which a quadrennial homeland security review is + conducted, the Secretary shall submit to Congress a + report regarding that quadrennial homeland security + review. + (2) Contents of report.--Each report submitted + under paragraph (1) shall include-- + (A) the results of the quadrennial homeland + security review; + (B) a description of the threats to the + assumed or defined national homeland security + interests of the Nation that were examined for + the purposes of that review; + (C) the national homeland security + strategy, including a prioritized list of the + critical homeland security missions of the + Nation; + (D) a description of the interagency + cooperation, preparedness of Federal response + assets, infrastructure, budget plan, and other + elements of the homeland security program and + policies of the Nation associated with the + national homeland security strategy, required + to execute successfully the full range of + missions called for in the applicable national + homeland security strategy referred to in + subsection (b)(1) and the homeland security + mission areas outlined under subsection (b)(2); + (E) an assessment of the organizational + alignment of the Department with the applicable + national homeland security strategy referred to + in subsection (b)(1) and the homeland security + mission areas outlined under subsection (b)(2), + including the Department's organizational + structure, management systems, budget and + accounting systems, human resources systems, + procurement systems, and physical and technical + infrastructure; + (F) a discussion of the status of + cooperation among Federal agencies in the + effort to promote national homeland security; + (G) a discussion of the status of + cooperation between the Federal Government and + State, local, and tribal governments in + preventing terrorist attacks and preparing for + emergency response to threats to national + homeland security; + (H) an explanation of any underlying + assumptions used in conducting the review; and + (I) any other matter the Secretary + considers appropriate. + (3) Public availability.--The Secretary shall, + consistent with the protection of national security and + other sensitive matters, make each report submitted + under paragraph (1) publicly available on the Internet + website of the Department. + (d) Authorization of Appropriations.--There are authorized +to be appropriated such sums as may be necessary to carry out +this section. + +TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; + UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS + + Subtitle A--Coordination with Non-Federal Entities + +SEC. 801. [6 U.S.C. 361] OFFICE FOR STATE AND LOCAL GOVERNMENT + COORDINATION. + + (a) Establishment.--There is established within the Office +of the Secretary the Office for State and Local Government +Coordination, to oversee and coordinate departmental programs +for and relationships with State and local governments. + (b) Responsibilities.--The Office established under +subsection (a) shall-- + (1) coordinate the activities of the Department + relating to State and local government; + (2) assess, and advocate for, the resources needed + by State and local government to implement the national + strategy for combating terrorism; + (3) provide State and local government with regular + information, research, and technical support to assist + local efforts at securing the homeland; and + (4) develop a process for receiving meaningful + input from State and local government to assist the + development of the national strategy for combating + terrorism and other homeland security activities. + + Subtitle B--Inspector General + +[SEC. 811. REPEALED] + + * * * * * * * + +SEC. 812. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS. + + (a) * * * + * * * * * * * + (b) [5 U.S.C. app. 6 note] Promulgation of Initial +Guidelines.-- + (1) Definition.--In this subsection, the term + ``memoranda of understanding'' means the agreements + between the Department of Justice and the Inspector + General offices described under section 6(e)(3) of the + Inspector General Act of 1978 (5 U.S.C. App.) (as added + by subsection (a) of this section) that-- + (A) are in effect on the date of enactment + of this Act; and + (B) authorize such offices to exercise + authority that is the same or similar to the + authority under section 6(e)(1) of such Act. + (2) In general.--Not later than 180 days after the + date of enactment of this Act, the Attorney General + shall promulgate guidelines under section 6(e)(4) of + the Inspector General Act of 1978 (5 U.S.C. App.) (as + added by subsection (a) of this section) applicable to + the Inspector General offices described under section + 6(e)(3) of that Act. + (3) Minimum requirements.--The guidelines + promulgated under this subsection shall include, at a + minimum, the operational and training requirements in + the memoranda of understanding. + (4) No lapse of authority.--The memoranda of + understanding in effect on the date of enactment of + this Act shall remain in effect until the guidelines + promulgated under this subsection take effect. + (c) [5 U.S.C. app. 6 note] Effective Dates.-- + (1) In general.--Subsection (a) shall take effect + 180 days after the date of enactment of this Act. + (2) Initial guidelines.--Subsection (b) shall take + effect on the date of enactment of this Act. + + Subtitle C--United States Secret Service + +SEC. 821. [6 U.S.C. 381] FUNCTIONS TRANSFERRED. + + In accordance with title XV, there shall be transferred to +the Secretary the functions, personnel, assets, and obligations +of the United States Secret Service, which shall be maintained +as a distinct entity within the Department, including the +functions of the Secretary of the Treasury relating thereto. + + Subtitle D--Acquisitions + +SEC. 831. [6 U.S.C. 391] RESEARCH AND DEVELOPMENT PROJECTS. + + (a) Authority.--Until September 30, 2009 and subject to +subsection (d), the Secretary may carry out a pilot program +under which the Secretary may exercise the following +authorities: + (1) In general.--When the Secretary carries out + basic, applied, and advanced research and development + projects, including the expenditure of funds for such + projects, the Secretary may exercise the same authority + (subject to the same limitations and conditions) with + respect to such research and projects as the Secretary + of Defense may exercise under section 2371 of title 10, + United States Code (except for subsections (b) and + (f)), after making a determination that the use of a + contract, grant, or cooperative agreement for such + project is not feasible or appropriate. The annual + report required under subsection (b) of this section, + as applied to the Secretary by this paragraph, shall be + submitted to the President of the Senate and the + Speaker of the House of Representatives. + (2) Prototype projects.--The Secretary may, under + the authority of paragraph (1), carry out prototype + projects in accordance with the requirements and + conditions provided for carrying out prototype projects + under section 845 of the National Defense Authorization + Act for Fiscal Year 1994 (Public Law 103-160). In + applying the authorities of that section 845, + subsection (c) of that section shall apply with respect + to prototype projects under this paragraph, and the + Secretary shall perform the functions of the Secretary + of Defense under subsection (d) thereof. + (b) Report.--Not later than 2 years after the effective +date of this Act, and annually thereafter, the Comptroller +General shall report to the Committee on Government Reform of +the House of Representatives and the Committee on Governmental +Affairs of the Senate on-- + (1) whether use of the authorities described in + subsection (a) attracts nontraditional Government + contractors and results in the acquisition of needed + technologies; and + (2) if such authorities were to be made permanent, + whether additional safeguards are needed with respect + to the use of such authorities. + (c) Procurement of Temporary and Intermittent Services.-- +The Secretary may-- + (1) procure the temporary or intermittent services + of experts or consultants (or organizations thereof) in + accordance with section 3109(b) of title 5, United + States Code; and + (2) whenever necessary due to an urgent homeland + security need, procure temporary (not to exceed 1 year) + or intermittent personal services, including the + services of experts or consultants (or organizations + thereof), without regard to the pay limitations of such + section 3109. + (d) Additional Requirements.-- + (1) In general.--The authority of the Secretary + under this section shall terminate September 30, 2009, + unless before that date the Secretary-- + (A) issues policy guidance detailing the + appropriate use of that authority; and + (B) provides training to each employee that + is authorized to exercise that authority. + (2) Report.--The Secretary shall provide an annual + report to the Committees on Appropriations of the + Senate and the House of Representatives, the Committee + on Homeland Security and Governmental Affairs of the + Senate, and the Committee on Homeland Security of the + House of Representatives detailing the projects for + which the authority granted by subsection (a) was used, + the rationale for its use, the funds spent using that + authority, the outcome of each project for which that + authority was used, and the results of any audits of + such projects. + (e) Definition of Nontraditional Government Contractor.--In +this section, the term ``nontraditional Government contractor'' +has the same meaning as the term ``nontraditional defense +contractor'' as defined in section 845(e) of the National +Defense Authorization Act for Fiscal Year 1994 (Public Law 103- +160; 10 U.S.C. 2371 note). + +SEC. 832. [6 U.S.C. 392] PERSONAL SERVICES. + + The Secretary-- + (1) may procure the temporary or intermittent + services of experts or consultants (or organizations + thereof) in accordance with section 3109 of title 5, + United States Code; and + (2) may, whenever necessary due to an urgent + homeland security need, procure temporary (not to + exceed 1 year) or intermittent personal services, + including the services of experts or consultants (or + organizations thereof), without regard to the pay + limitations of such section 3109. + +SEC. 833. [6 U.S.C. 393] SPECIAL STREAMLINED ACQUISITION AUTHORITY. + + (a) Authority.-- + (1) In general.--The Secretary may use the + authorities set forth in this section with respect to + any procurement made during the period beginning on the + effective date of this Act and ending September 30, + 2007, if the Secretary determines in writing that the + mission of the Department (as described in section 101) + would be seriously impaired without the use of such + authorities. + (2) Delegation.--The authority to make the + determination described in paragraph (1) may not be + delegated by the Secretary to an officer of the + Department who is not appointed by the President with + the advice and consent of the Senate. + (3) Notification.--Not later than the date that is + 7 days after the date of any determination under + paragraph (1), the Secretary shall submit to the + Committee on Government Reform of the House of + Representatives and the Committee on Governmental + Affairs of the Senate-- + (A) notification of such determination; and + (B) the justification for such determination. + (b) Increased Micro-Purchase Threshold For Certain +Procurements.-- + (1) In general.--The Secretary may designate + certain employees of the Department to make + procurements described in subsection (a) for which in + the administration of section 32 of the Office of + Federal Procurement Policy Act (41 U.S.C. 428) the + amount specified in subsections (c), (d), and (f) of + such section 32 shall be deemed to be $7,500. + (2) Number of employees.--The number of employees + designated under paragraph (1) shall be-- + (A) fewer than the number of employees of + the Department who are authorized to make + purchases without obtaining competitive + quotations, pursuant to section 32(c) of the + Office of Federal Procurement Policy Act (41 + U.S.C. 428(c)); + (B) sufficient to ensure the geographic + dispersal of the availability of the use of the + procurement authority under such paragraph at + locations reasonably considered to be potential + terrorist targets; and + (C) sufficiently limited to allow for the + careful monitoring of employees designated + under such paragraph. + (3) Review.--Procurements made under the authority + of this subsection shall be subject to review by a + designated supervisor on not less than a monthly basis. + The supervisor responsible for the review shall be + responsible for no more than 7 employees making + procurements under this subsection. + (c) Simplified Acquisition Procedures.-- + (1) In general.--With respect to a procurement + described in subsection (a), the Secretary may deem the + simplified acquisition threshold referred to in section + 4(11) of the Office of Federal Procurement Policy Act + (41 U.S.C. 403(11)) to be-- + (A) in the case of a contract to be awarded + and performed, or purchase to be made, within + the United States, $200,000; and + (B) in the case of a contract to be awarded + and performed, or purchase to be made, outside + of the United States, $300,000. + * * * * * * * + (d) Application of Certain Commercial Items Authorities.-- + (1) In general.--With respect to a procurement + described in subsection (a), the Secretary may deem any + item or service to be a commercial item for the purpose + of Federal procurement laws. + (2) Limitation.--The $5,000,000 limitation provided + in section 31(a)(2) of the Office of Federal + Procurement Policy Act (41 U.S.C. 427(a)(2)) and + section 303(g)(1)(B) of the Federal Property and + Administrative Services Act of 1949 (41 U.S.C. + 253(g)(1)(B)) shall be deemed to be $7,500,000 for + purposes of property or services under the authority of + this subsection. + (3) Certain authority.--Authority under a provision + of law referred to in paragraph (2) that expires under + section 4202(e) of the Clinger-Cohen Act of 1996 + (divisions D and E of Public Law 104-106; 10 U.S.C. + 2304 note) shall, notwithstanding such section, + continue to apply for a procurement described in + subsection (a). + (e) Report.--Not later than 180 days after the end of +fiscal year 2005, the Comptroller General shall submit to the +Committee on Governmental Affairs of the Senate and the +Committee on Government Reform of the House of Representatives +a report on the use of the authorities provided in this +section. The report shall contain the following: + (1) An assessment of the extent to which property + and services acquired using authorities provided under + this section contributed to the capacity of the Federal + workforce to facilitate the mission of the Department + as described in section 101. + (2) An assessment of the extent to which prices for + property and services acquired using authorities + provided under this section reflected the best value. + (3) The number of employees designated by each + executive agency under subsection (b)(1). + (4) An assessment of the extent to which the + Department has implemented subsections (b)(2) and + (b)(3) to monitor the use of procurement authority by + employees designated under subsection (b)(1). + (5) Any recommendations of the Comptroller General + for improving the effectiveness of the implementation + of the provisions of this section. + +SEC. 834. [6 U.S.C. 394] UNSOLICITED PROPOSALS. + + (a) Regulations Required.--Within 1 year of the date of +enactment of this Act, the Federal Acquisition Regulation shall +be revised to include regulations with regard to unsolicited +proposals. + (b) Content of Regulations.--The regulations prescribed +under subsection (a) shall require that before initiating a +comprehensive evaluation, an agency contact point shall +consider, among other factors, that the proposal-- + (1) is not submitted in response to a previously + published agency requirement; and + (2) contains technical and cost information for + evaluation and overall scientific, technical or + socioeconomic merit, or cost-related or price-related + factors. + +SEC. 835. [6 U.S.C. 395] PROHIBITION ON CONTRACTS WITH CORPORATE + EXPATRIATES. + + (a) In General.--The Secretary may not enter into any +contract with a foreign incorporated entity which is treated as +an inverted domestic corporation under subsection (b), or any +subsidiary of such an entity. + (b) Inverted Domestic Corporation.--For purposes of this +section, a foreign incorporated entity shall be treated as an +inverted domestic corporation if, pursuant to a plan (or a +series of related transactions)-- + (1) the entity completes before, on, or after the + date of enactment of this Act, the direct or indirect + acquisition of substantially all of the properties held + directly or indirectly by a domestic corporation or + substantially all of the properties constituting a + trade or business of a domestic partnership; + (2) after the acquisition at least 80 percent of + the stock (by vote or value) of the entity is held-- + (A) in the case of an acquisition with + respect to a domestic corporation, by former + shareholders of the domestic corporation by + reason of holding stock in the domestic + corporation; or + (B) in the case of an acquisition with + respect to a domestic partnership, by former + partners of the domestic partnership by reason + of holding a capital or profits interest in the + domestic partnership; and + (3) the expanded affiliated group which after the + acquisition includes the entity does not have + substantial business activities in the foreign country + in which or under the law of which the entity is + created or organized when compared to the total + business activities of such expanded affiliated group. + (c) Definitions and Special Rules.-- + (1) Rules for application of subsection (b).--In + applying subsection (b) for purposes of subsection (a), + the following rules shall apply: + (A) Certain stock disregarded.--There shall + not be taken into account in determining + ownership for purposes of subsection (b)(2)-- + (i) stock held by members of the + expanded affiliated group which + includes the foreign incorporated + entity; or + (ii) stock of such entity which is + sold in a public offering related to + the acquisition described in subsection + (b)(1). + (B) Plan deemed in certain cases.--If a + foreign incorporated entity acquires directly + or indirectly substantially all of the + properties of a domestic corporation or + partnership during the 4-year period beginning + on the date which is 2 years before the + ownership requirements of subsection (b)(2) are + met, such actions shall be treated as pursuant + to a plan. + (C) Certain transfers disregarded.--The + transfer of properties or liabilities + (including by contribution or distribution) + shall be disregarded if such transfers are part + of a plan a principal purpose of which is to + avoid the purposes of this section. + (D) Special rule for related + partnerships.--For purposes of applying + subsection (b) to the acquisition of a domestic + partnership, except as provided in regulations, + all domestic partnerships which are under + common control (within the meaning of section + 482 of the Internal Revenue Code of 1986) shall + be treated as I partnership. + (E) Treatment of certain rights.--The + Secretary shall prescribe such regulations as + may be necessary to-- + (i) treat warrants, options, + contracts to acquire stock, convertible + debt instruments, and other similar + interests as stock; and + (ii) treat stock as not stock. + (2) Expanded affiliated group.--The term ``expanded + affiliated group'' means an affiliated group as defined + in section 1504(a) of the Internal Revenue Code of 1986 + (without regard to section 1504(b) of such Code), + except that section 1504 of such Code shall be applied + by substituting ``more than 50 percent'' for ``at least + 80 percent'' each place it appears. + (3) Foreign incorporated entity.--The term + ``foreign incorporated entity'' means any entity which + is, or but for subsection (b) would be, treated as a + foreign corporation for purposes of the Internal + Revenue Code of 1986. + (4) Other definitions.--The terms ``person'', + ``domestic'', and ``foreign'' have the meanings given + such terms by paragraphs (1), (4), and (5) of section + 7701(a) of the Internal Revenue Code of 1986, + respectively. + (d) Waivers.--The Secretary shall waive subsection (a) with +respect to any specific contract if the Secretary determines +that the waiver is required in the interest of national +security. + * * * * * * * + + Subtitle E--Human Resources Management + +SEC. 841. [6 U.S.C. 411] ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT + SYSTEM. + + (a) Authority.-- + (1) Sense of congress.--It is the sense of Congress + that-- + (A) it is extremely important that + employees of the Department be allowed to + participate in a meaningful way in the creation + of any human resources management system + affecting them; + (B) such employees have the most direct + knowledge of the demands of their jobs and have + a direct interest in ensuring that their human + resources management system is conducive to + achieving optimal operational efficiencies; + (C) the 21st century human resources + management system envisioned for the Department + should be one that benefits from the input of + its employees; and + (D) this collaborative effort will help + secure our homeland. + * * * * * * * + (b) Effect on Personnel.-- + (1) Nonseparation or nonreduction in grade or + compensation of full-time personnel and part-time + personnel holding permanent positions.--Except as + otherwise provided in this Act, the transfer under this + Act of full-time personnel (except special Government + employees) and part-time personnel holding permanent + positions shall not cause any such employee to be + separated or reduced in grade or compensation for 1 + year after the date of transfer to the Department. + (2) Positions compensated in accordance with + executive schedule.--Any person who, on the day + preceding such person's date of transfer pursuant to + this Act, held a position compensated in accordance + with the Executive Schedule prescribed in chapter 53 of + title 5, United States Code, and who, without a break + in service, is appointed in the Department to a + position having duties comparable to the duties + performed immediately preceding such appointment shall + continue to be compensated in such new position at not + less than the rate provided for such position, for the + duration of the service of such person in such new + position. + (3) Coordination rule.--Any exercise of authority + under chapter 97 of title 5, United States Code (as + amended by subsection (a)), including under any system + established under such chapter, shall be in conformance + with the requirements of this subsection. + +SEC. 842. [6 U.S.C. 412] LABOR-MANAGEMENT RELATIONS. + + (a) Limitation on Exclusionary Authority.-- + (1) In general.--No agency or subdivision of an + agency which is transferred to the Department pursuant + to this Act shall be excluded from the coverage of + chapter 71 of title 5, United States Code, as a result + of any order issued under section 7103(b)(1) of such + title 5 after June 18, 2002, unless-- + (A) the mission and responsibilities of the + agency (or subdivision) materially change; and + (B) a majority of the employees within such + agency (or subdivision) have as their primary + duty intelligence, counterintelligence, or + investigative work directly related to + terrorism investigation. + (2) Exclusions allowable.--Nothing in paragraph (1) + shall affect the effectiveness of any order to the + extent that such order excludes any portion of an + agency or subdivision of an agency as to which-- + (A) recognition as an appropriate unit has + never been conferred for purposes of chapter 71 + of such title 5; or + (B) any such recognition has been revoked + or otherwise terminated as a result of a + determination under subsection (b)(1). + (b) Provisions Relating to Bargaining Units.-- + (1) Limitation relating to appropriate units.--Each + unit which is recognized as an appropriate unit for + purposes of chapter 71 of title 5, United States Code, + as of the day before the effective date of this Act + (and any subdivision of any such unit) shall, if such + unit (or subdivision) is transferred to the Department + pursuant to this Act, continue to be so recognized for + such purposes, unless-- + (A) the mission and responsibilities of + such unit (or subdivision) materially change; + and + (B) a majority of the employees within such + unit (or subdivision) have as their primary + duty intelligence, counterintelligence, or + investigative work directly related to + terrorism investigation. + (2) Limitation relating to positions or + employees.--No position or employee within a unit (or + subdivision of a unit) as to which continued + recognition is given in accordance with paragraph (1) + shall be excluded from such unit (or subdivision), for + purposes of chapter 71 of such title 5, unless the + primary job duty of such position or employee-- + (A) materially changes; and + (B) consists of intelligence, + counterintelligence, or investigative work + directly related to terrorism investigation. + In the case of any positions within a unit (or + subdivision) which are first established on or after + the effective date of this Act and any employees first + appointed on or after such date, the preceding sentence + shall be applied disregarding subparagraph (A). + (c) Waiver.--If the President determines that the +application of subsections (a), (b), and (d) would have a +substantial adverse impact on the ability of the Department to +protect homeland security, the President may waive the +application of such subsections 10 days after the President has +submitted to Congress a written explanation of the reasons for +such determination. + (d) Coordination Rule.--No other provision of this Act or +of any amendment made by this Act may be construed or applied +in a manner so as to limit, supersede, or otherwise affect the +provisions of this section, except to the extent that it does +so by specific reference to this section. + (e) Rule of Construction.--Nothing in section 9701(e) of +title 5, United States Code, shall be considered to apply with +respect to any agency or subdivision of any agency, which is +excluded from the coverage of chapter 71 of title 5, United +States Code, by virtue of an order issued in accordance with +section 7103(b) of such title and the preceding provisions of +this section (as applicable), or to any employees of any such +agency or subdivision or to any individual or entity +representing any such employees or any representatives thereof. + +SEC. 843. [6 U.S.C. 413] USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES + IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS. + + (a) In General.--Each subdivision of the Department that is +a National Drug Control Program Agency shall include as one of +the criteria in its performance appraisal system, for each +employee directly or indirectly involved in the enforcement of +Federal, State, or local narcotics laws, the performance of +that employee with respect to the enforcement of Federal, +State, or local narcotics laws, relying to the greatest extent +practicable on objective performance measures, including-- + (1) the contribution of that employee to seizures + of narcotics and arrests of violators of Federal, + State, or local narcotics laws; and + (2) the degree to which that employee cooperated + with or contributed to the efforts of other employees, + either within the Department or other Federal, State, + or local agencies, in counternarcotics enforcement. + (b) Definitions.--For purposes of this section-- + (1) the term ``National Drug Control Program + Agency'' means-- + (A) a National Drug Control Program Agency, + as defined in section 702(7) of the Office of + National Drug Control Policy Reauthorization + Act of 1998 (as last in effect); and + (B) any subdivision of the Department that + has a significant counternarcotics + responsibility, as determined by-- + (i) the counternarcotics officer, + appointed under section 878; or + (ii) if applicable, the + counternarcotics officer's successor in + function (as determined by the + Secretary); and + (2) the term ``performance appraisal system'' means + a system under which periodic appraisals of job + performance of employees are made, whether under + chapter 43 of title 5, United States Code, or + otherwise. + +SEC. 844. HOMELAND SECURITY ROTATION PROGRAM. + + (a) Establishment.-- + (1) In general.--Not later than 180 days after the + date of enactment of this section, the Secretary shall + establish the Homeland Security Rotation Program (in + this section referred to as the ``Rotation Program'') + for employees of the Department. The Rotation Program + shall use applicable best practices, including those + from the Chief Human Capital Officers Council. + (2) Goals.--The Rotation Program established by the + Secretary shall-- + (A) be established in accordance with the + Human Capital Strategic Plan of the Department; + (B) provide middle and senior level + employees in the Department the opportunity to + broaden their knowledge through exposure to + other components of the Department; + (C) expand the knowledge base of the + Department by providing for rotational + assignments of employees to other components; + (D) build professional relationships and + contacts among the employees in the Department; + (E) invigorate the workforce with exciting + and professionally rewarding opportunities; + (F) incorporate Department human capital + strategic plans and activities, and address + critical human capital deficiencies, + recruitment and retention efforts, and + succession planning within the Federal + workforce of the Department; and + (G) complement and incorporate (but not + replace) rotational programs within the + Department in effect on the date of enactment + of this section. + (3) Administration.-- + (A) In general.--The Chief Human Capital + Officer shall administer the Rotation Program. + (B) Responsibilities.--The Chief Human + Capital Officer shall-- + (i) provide oversight of the + establishment and implementation of the + Rotation Program; + (ii) establish a framework that + supports the goals of the Rotation + Program and promotes cross-disciplinary + rotational opportunities; + (iii) establish eligibility for + employees to participate in the + Rotation Program and select + participants from employees who apply; + (iv) establish incentives for + employees to participate in the + Rotation Program, including promotions + and employment preferences; + (v) ensure that the Rotation + Program provides professional education + and training; + (vi) ensure that the Rotation + Program develops qualified employees + and future leaders with broad-based + experience throughout the Department; + (vii) provide for greater + interaction among employees in + components of the Department; and + (viii) coordinate with rotational + programs within the Department in + effect on the date of enactment of this + section. + (4) Allowances, privileges, and benefits.--All + allowances, privileges, rights, seniority, and other + benefits of employees participating in the Rotation + Program shall be preserved. + (5) Reporting.--Not later than 180 days after the + date of the establishment of the Rotation Program, the + Secretary shall submit a report on the status of the + Rotation Program, including a description of the + Rotation Program, the number of employees + participating, and how the Rotation Program is used in + succession planning and leadership development to the + appropriate committees of Congress. + +SEC. 845. HOMELAND SECURITY EDUCATION PROGRAM. + + (a) Establishment.--The Secretary, acting through the +Administrator, shall establish a graduate-level Homeland +Security Education Program in the National Capital Region to +provide educational opportunities to senior Federal officials +and selected State and local officials with homeland security +and emergency management responsibilities. The Administrator +shall appoint an individual to administer the activities under +this section. + (b) Leveraging of Existing Resources.--To maximize +efficiency and effectiveness in carrying out the Program, the +Administrator shall use existing Department-reviewed Master's +Degree curricula in homeland security, including curricula +pending accreditation, together with associated learning +materials, quality assessment tools, digital libraries, +exercise systems and other educational facilities, including +the National Domestic Preparedness Consortium, the National +Fire Academy, and the Emergency Management Institute. The +Administrator may develop additional educational programs, as +appropriate. + (c) Student Enrollment.-- + (1) Sources.--The student body of the Program shall + include officials from Federal, State, local, and + tribal governments, and from other sources designated + by the Administrator. + (2) Enrollment priorities and selection criteria.-- + The Administrator shall establish policies governing + student enrollment priorities and selection criteria + that are consistent with the mission of the Program. + (3) Diversity.--The Administrator shall take + reasonable steps to ensure that the student body + represents racial, gender, and ethnic diversity. + (d) Service Commitment.-- + (1) In general.--Before any employee selected for + the Program may be assigned to participate in the + program, the employee shall agree in writing-- + (A) to continue in the service of the + agency sponsoring the employee during the 2- + year period beginning on the date on which the + employee completes the program, unless the + employee is involuntarily separated from the + service of that agency for reasons other than a + reduction in force; and + (B) to pay to the Government the amount of + the additional expenses incurred by the + Government in connection with the employee's + education if the employee is voluntarily + separated from the service to the agency before + the end of the period described in subparagraph + (A). + (2) Payment of expenses.-- + (A) Exemption.--An employee who leaves the + service of the sponsoring agency to enter into + the service of another agency in any branch of + the Government shall not be required to make a + payment under paragraph (1)(B), unless the head + of the agency that sponsored the education of + the employee notifies that employee before the + date on which the employee enters the service + of the other agency that payment is required + under that paragraph. + (B) Amount of payment.--If an employee is + required to make a payment under paragraph + (1)(B), the agency that sponsored the education + of the employee shall determine the amount of + the payment, except that such amount may not + exceed the pro rata share of the expenses + incurred for the time remaining in the 2-year + period. + (3) Recovery of payment.--If an employee who is + required to make a payment under this subsection does + not make the payment, a sum equal to the amount of the + expenses incurred by the Government for the education + of that employee is recoverable by the Government from + the employee or his estate by-- + (A) setoff against accrued pay, + compensation, amount of retirement credit, or + other amount due the employee from the + Government; or + (B) such other method as is provided by lay + for the recovery of amounts owing to the + Government. + + Subtitle F--Federal Emergency Procurement Flexibility + +SEC. 851. [6 U.S.C. 421] DEFINITION. + + In this subtitle, the term ``executive agency'' has the +meaning given that term under section 4(1) of the Office of +Federal Procurement Policy Act (41 U.S.C. 403(1)). + +SEC. 852. [6 U.S.C. 422] PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY + FROM TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR + RADIOLOGICAL ATTACK. + + The authorities provided in this subtitle apply to any +procurement of property or services by or for an executive +agency that, as determined by the head of the executive agency, +are to be used to facilitate defense against or recovery from +terrorism or nuclear, biological, chemical, or radiological +attack, but only if a solicitation of offers for the +procurement is issued during the 1-year period beginning on the +date of the enactment of this Act. + +SEC. 853. [6 U.S.C. 423] INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR + PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR + PEACEKEEPING OPERATIONS OR CONTINGENCY OPERATIONS. + + (a) Temporary Threshold Amounts.--For a procurement +referred to in section 852 that is carried out in support of a +humanitarian or peacekeeping operation or a contingency +operation, the simplified acquisition threshold definitions +shall be applied as if the amount determined under the +exception provided for such an operation in those definitions +were-- + (1) in the case of a contract to be awarded and + performed, or purchase to be made, inside the United + States, $200,000; or + (2) in the case of a contract to be awarded and + performed, or purchase to be made, outside the United + States, $300,000. + (b) Simplified Acquisition Threshold Definitions.--In this +section, the term ``simplified acquisition threshold +definitions'' means the following: + (1) Section 4(11) of the Office of Federal + Procurement Policy Act (41 U.S.C. 403(11)). + (2) Section 309(d) of the Federal Property and + Administrative Services Act of 1949 (41 U.S.C. 259(d)). + (3) Section 2302(7) of title 10, United States + Code. + (c) Small Business Reserve.--For a procurement carried out +pursuant to subsection (a), section 15(j) of the Small Business +Act (15 U.S.C. 644(j)) shall be applied as if the maximum +anticipated value identified therein is equal to the amounts +referred to in subsection (a). + +SEC. 854. [6 U.S.C. 424] INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN + PROCUREMENTS. + + In the administration of section 32 of the Office of +Federal Procurement Policy Act (41 U.S.C. 428) with respect to +a procurement referred to in section 852, the amount specified +in subsections (c), (d), and (f) of such section 32 shall be +deemed to be $7,500. + +SEC. 855. [6 U.S.C. 425] APPLICATION OF CERTAIN COMMERCIAL ITEMS + AUTHORITIES TO CERTAIN PROCUREMENTS. + + (a) Authority.-- + (1) In general.--The head of an executive agency + may apply the provisions of law listed in paragraph (2) + to a procurement referred to in section 852 without + regard to whether the property or services are + commercial items. + (2) Commercial item laws.--The provisions of law + referred to in paragraph (1) are as follows: + (A) Sections 31 and 34 of the Office of + Federal Procurement Policy Act (41 U.S.C. 427, + 430). + (B) Section 2304(g) of title 10, United + States Code. + (C) Section 303(g) of the Federal Property + and Administrative Services Act of 1949 (41 + U.S.C. 253(g)). + (b) Inapplicability of Limitation on Use of Simplified +Acquisition Procedures.-- + (1) In general.--The $5,000,000 limitation provided + in section 31(a)(2) of the Office of Federal + Procurement Policy Act (41 U.S.C. 427(a)(2)), section + 2304(g)(1)(B) of title 10, United States Code, and + section 303(g)(1)(B) of the Federal Property and + Administrative Services Act of 1949 (41 U.S.C. + 253(g)(1)(B)) shall not apply to purchases of property + or services to which any of the provisions of law + referred to in subsection (a) are applied under the + authority of this section. + (2) OMB guidance.--The Director of the Office of + Management and Budget shall issue guidance and + procedures for the use of simplified acquisition + procedures for a purchase of property or services in + excess of $5,000,000 under the authority of this + section. + (c) Continuation of Authority for Simplified Purchase +Procedures.--Authority under a provision of law referred to in +subsection (a)(2) that expires under section 4202(e) of the +Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104- +106; 10 U.S.C. 2304 note) shall, notwithstanding such section, +continue to apply for use by the head of an executive agency as +provided in subsections (a) and (b). + +SEC. 856. [6 U.S.C. 426] USE OF STREAMLINED PROCEDURES. + + (a) Required Use.--The head of an executive agency shall, +when appropriate, use streamlined acquisition authorities and +procedures authorized by law for a procurement referred to in +section 852, including authorities and procedures that are +provided under the following provisions of law: + (1) Federal property and administrative services + act of 1949.--In title III of the Federal Property and + Administrative Services Act of 1949: + (A) Paragraphs (1), (2), (6), and (7) of + subsection (c) of section 303 (41 U.S.C. 253), + relating to use of procedures other than + competitive procedures under certain + circumstances (subject to subsection (e) of + such section). + (B) Section 303J (41 U.S.C. 253j), relating + to orders under task and delivery order + contracts. + (2) Title 10, united states code.--In chapter 137 + of title 10, United States Code: + (A) Paragraphs (1), (2), (6), and (7) of + subsection (c) of section 2304, relating to use + of procedures other than competitive procedures + under certain circumstances (subject to + subsection (e) of such section). + (B) Section 2304c, relating to orders under + task and delivery order contracts. + (3) Office of federal procurement policy act.-- + Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of + the Office of Federal Procurement Policy Act (41 U.S.C. + 416(c)), relating to inapplicability of a requirement + for procurement notice. + (b) Waiver of Certain Small Business Threshold +Requirements.--Subclause (II) of section 8(a)(1)(D)(i) of the +Small Business Act (15 U.S.C. 637(a)(1)(D)(i)) and clause (ii) +of section 31(b)(2)(A) of such Act (15 U.S.C. 657a(b)(2)(A)) +shall not apply in the use of streamlined acquisition +authorities and procedures referred to in paragraphs (1)(A) and +(2)(A) of subsection (a) for a procurement referred to in +section 852. + +SEC. 857. [6 U.S.C. 427] REVIEW AND REPORT BY COMPTROLLER GENERAL. + + (a) Requirements.--Not later than March 31, 2004, the +Comptroller General shall-- + (1) complete a review of the extent to which + procurements of property and services have been made in + accordance with this subtitle; and + (2) submit a report on the results of the review to + the Committee on Governmental Affairs of the Senate and + the Committee on Government Reform of the House of + Representatives. + (b) Content of Report.--The report under subsection (a)(2) +shall include the following matters: + (1) Assessment.--The Comptroller General's + assessment of-- + (A) the extent to which property and + services procured in accordance with this title + have contributed to the capacity of the + workforce of Federal Government employees + within each executive agency to carry out the + mission of the executive agency; and + (B) the extent to which Federal Government + employees have been trained on the use of + technology. + (2) Recommendations.--Any recommendations of the + Comptroller General resulting from the assessment + described in paragraph (1). + (c) Consultation.--In preparing for the review under +subsection (a)(1), the Comptroller shall consult with the +Committee on Governmental Affairs of the Senate and the +Committee on Government Reform of the House of Representatives +on the specific issues and topics to be reviewed. The extent of +coverage needed in areas such as technology integration, +employee training, and human capital management, as well as the +data requirements of the study, shall be included as part of +the consultation. + +SEC. 858. [6 U.S.C. 428] IDENTIFICATION OF NEW ENTRANTS INTO THE + FEDERAL MARKETPLACE. + + The head of each executive agency shall conduct market +research on an ongoing basis to identify effectively the +capabilities, including the capabilities of small businesses +and new entrants into Federal contracting, that are available +in the marketplace for meeting the requirements of the +executive agency in furtherance of defense against or recovery +from terrorism or nuclear, biological, chemical, or +radiological attack. The head of the executive agency shall, to +the maximum extent practicable, take advantage of commercially +available market research methods, including use of commercial +databases, to carry out the research. + * * * * * * * + +Subtitle G--Support Anti-terrorism by Fostering Effective Technologies + Act of 2002 + +SEC. 861. [6 U.S.C. 101 NOTE] SHORT TITLE. + + This subtitle may be cited as the ``Support Anti-terrorism +by Fostering Effective Technologies Act of 2002'' or the +``SAFETY Act''. + +SEC. 862. [6 U.S.C. 441] ADMINISTRATION. + + (a) In General.--The Secretary shall be responsible for the +administration of this subtitle. + (b) Designation of Qualified Anti-Terrorism Technologies.-- +The Secretary may designate anti-terrorism technologies that +qualify for protection under the system of risk management set +forth in this subtitle in accordance with criteria that shall +include, but not be limited to, the following: + (1) Prior United States Government use or + demonstrated substantial utility and effectiveness. + (2) Availability of the technology for immediate + deployment in public and private settings. + (3) Existence of extraordinarily large or + extraordinarily unquantifiable potential third party + liability risk exposure to the Seller or other provider + of such anti-terrorism technology. + (4) Substantial likelihood that such anti-terrorism + technology will not be deployed unless protections + under the system of risk management provided under this + subtitle are extended. + (5) Magnitude of risk exposure to the public if + such anti-terrorism technology is not deployed. + (6) Evaluation of all scientific studies that can + be feasibly conducted in order to assess the capability + of the technology to substantially reduce risks of + harm. + (7) Anti-terrorism technology that would be + effective in facilitating the defense against acts of + terrorism, including technologies that prevent, defeat + or respond to such acts. + (c) Regulations.--The Secretary may issue such regulations, +after notice and comment in accordance with section 553 of +title 5, United States Code, as may be necessary to carry out +this subtitle. + +SEC. 863. [6 U.S.C. 442] LITIGATION MANAGEMENT. + + (a) Federal Cause of Action.-- + (1) In general.--There shall exist a Federal cause + of action for claims arising out of, relating to, or + resulting from an act of terrorism when qualified anti- + terrorism technologies have been deployed in defense + against or response or recovery from such act and such + claims result or may result in loss to the Seller. The + substantive law for decision in any such action shall + be derived from the law, including choice of law + principles, of the State in which such acts of + terrorism occurred, unless such law is inconsistent + with or preempted by Federal law. Such Federal cause of + action shall be brought only for claims for injuries + that are proximately caused by sellers that provide + qualified anti-terrorism technology to Federal and non- + Federal government customers. + (2) Jurisdiction.--Such appropriate district court + of the United States shall have original and exclusive + jurisdiction over all actions for any claim for loss of + property, personal injury, or death arising out of, + relating to, or resulting from an act of terrorism when + qualified anti-terrorism technologies have been + deployed in defense against or response or recovery + from such act and such claims result or may result in + loss to the Seller. + (b) Special Rules.--In an action brought under this section +for damages the following provisions apply: + (1) Punitive damages.--No punitive damages intended + to punish or deter, exemplary damages, or other damages + not intended to compensate a plaintiff for actual + losses may be awarded, nor shall any party be liable + for interest prior to the judgment. + (2) Noneconomic damages.-- + (A) In general.--Noneconomic damages may be + awarded against a defendant only in an amount + directly proportional to the percentage of + responsibility of such defendant for the harm + to the plaintiff, and no plaintiff may recover + noneconomic damages unless the plaintiff + suffered physical harm. + (B) Definition.--For purposes of + subparagraph (A), the term ``noneconomic + damages'' means damages for losses for physical + and emotional pain, suffering, inconvenience, + physical impairment, mental anguish, + disfigurement, loss of enjoyment of life, loss + of society and companionship, loss of + consortium, hedonic damages, injury to + reputation, and any other nonpecuniary losses. + (c) Collateral Sources.--Any recovery by a plaintiff in an +action under this section shall be reduced by the amount of +collateral source compensation, if any, that the plaintiff has +received or is entitled to receive as a result of such acts of +terrorism that result or may result in loss to the Seller. + (d) Government Contractor Defense.-- + (1) In general.--Should a product liability or + other lawsuit be filed for claims arising out of, + relating to, or resulting from an act of terrorism when + qualified anti-terrorism technologies approved by the + Secretary, as provided in paragraphs (2) and (3) of + this subsection, have been deployed in defense against + or response or recovery from such act and such claims + result or may result in loss to the Seller, there shall + be a rebuttable presumption that the government + contractor defense applies in such lawsuit. This + presumption shall only be overcome by evidence showing + that the Seller acted fraudulently or with willful + misconduct in submitting information to the Secretary + during the course of the Secretary's consideration of + such technology under this subsection. This presumption + of the government contractor defense shall apply + regardless of whether the claim against the Seller + arises from a sale of the product to Federal Government + or non-Federal Government customers. + (2) Exclusive responsibility.--The Secretary will + be exclusively responsible for the review and approval + of anti-terrorism technology for purposes of + establishing a government contractor defense in any + product liability lawsuit for claims arising out of, + relating to, or resulting from an act of terrorism when + qualified anti-terrorism technologies approved by the + Secretary, as provided in this paragraph and paragraph + (3), have been deployed in defense against or response + or recovery from such act and such claims result or may + result in loss to the Seller. Upon the Seller's + submission to the Secretary for approval of anti- + terrorism technology, the Secretary will conduct a + comprehensive review of the design of such technology + and determine whether it will perform as intended, + conforms to the Seller's specifications, and is safe + for use as intended. The Seller will conduct safety and + hazard analyses on such technology and will supply the + Secretary with all such information. + (3) Certificate.--For anti-terrorism technology + reviewed and approved by the Secretary, the Secretary + will issue a certificate of conformance to the Seller + and place the anti-terrorism technology on an Approved + Product List for Homeland Security. + (e) Exclusion.--Nothing in this section shall in any way +limit the ability of any person to seek any form of recovery +from any person, government, or other entity that-- + (1) attempts to commit, knowingly participates in, + aids and abets, or commits any act of terrorism, or any + criminal act related to or resulting from such act of + terrorism; or + (2) participates in a conspiracy to commit any such + act of terrorism or any such criminal act. + +SEC. 864. [6 U.S.C. 443] RISK MANAGEMENT. + + (a) In General.-- + (1) Liability insurance required.--Any person or + entity that sells or otherwise provides a qualified + anti-terrorism technology to Federal and non-Federal + Government customers (``Seller'') shall obtain + liability insurance of such types and in such amounts + as shall be required in accordance with this section + and certified by the Secretary to satisfy otherwise + compensable third-party claims arising out of, relating + to, or resulting from an act of terrorism when + qualified anti-terrorism technologies have been + deployed in defense against or response or recovery + from such act. + (2) Maximum amount.--For the total claims related + to 1 such act of terrorism, the Seller is not required + to obtain liability insurance of more than the maximum + amount of liability insurance reasonably available from + private sources on the world market at prices and terms + that will not unreasonably distort the sales price of + Seller's anti-terrorism technologies. + (3) Scope of coverage.--Liability insurance + obtained pursuant to this subsection shall, in addition + to the Seller, protect the following, to the extent of + their potential liability for involvement in the + manufacture, qualification, sale, use, or operation of + qualified anti-terrorism technologies deployed in + defense against or response or recovery from an act of + terrorism: + (A) Contractors, subcontractors, suppliers, + vendors and customers of the Seller. + (B) Contractors, subcontractors, suppliers, + and vendors of the customer. + (4) Third party claims.--Such liability insurance + under this section shall provide coverage against third + party claims arising out of, relating to, or resulting + from the sale or use of anti-terrorism technologies. + (b) Reciprocal Waiver of Claims.--The Seller shall enter +into a reciprocal waiver of claims with its contractors, +subcontractors, suppliers, vendors and customers, and +contractors and subcontractors of the customers, involved in +the manufacture, sale, use or operation of qualified anti- +terrorism technologies, under which each party to the waiver +agrees to be responsible for losses, including business +interruption losses, that it sustains, or for losses sustained +by its own employees resulting from an activity resulting from +an act of terrorism when qualified anti-terrorism technologies +have been deployed in defense against or response or recovery +from such act. + (c) Extent of Liability.--Notwithstanding any other +provision of law, liability for all claims against a Seller +arising out of, relating to, or resulting from an act of +terrorism when qualified anti-terrorism technologies have been +deployed in defense against or response or recovery from such +act and such claims result or may result in loss to the Seller, +whether for compensatory or punitive damages or for +contribution or indemnity, shall not be in an amount greater +than the limits of liability insurance coverage required to be +maintained by the Seller under this section. + +SEC. 865. [6 U.S.C. 444] DEFINITIONS. + + For purposes of this subtitle, the following definitions +apply: + (1) Qualified anti-terrorism technology.--For + purposes of this subtitle, the term ``qualified anti- + terrorism technology'' means any product, equipment, + service (including support services), device, or + technology (including information technology) designed, + developed, modified, or procured for the specific + purpose of preventing, detecting, identifying, or + deterring acts of terrorism or limiting the harm such + acts might otherwise cause, that is designated as such + by the Secretary. + (2) Act of terrorism.--(A) The term ``act of + terrorism'' means any act that the Secretary determines + meets the requirements under subparagraph (B), as such + requirements are further defined and specified by the + Secretary. + (B) Requirements.--An act meets the requirements of + this subparagraph if the act-- + (i) is unlawful; + (ii) causes harm to a person, property, or + entity, in the United States, or in the case of + a domestic United States air carrier or a + United States-flag vessel (or a vessel based + principally in the United States on which + United States income tax is paid and whose + insurance coverage is subject to regulation in + the United States), in or outside the United + States; and + (iii) uses or attempts to use + instrumentalities, weapons or other methods + designed or intended to cause mass destruction, + injury or other loss to citizens or + institutions of the United States. + (3) Insurance carrier.--The term ``insurance + carrier'' means any corporation, association, society, + order, firm, company, mutual, partnership, individual + aggregation of individuals, or any other legal entity + that provides commercial property and casualty + insurance. Such term includes any affiliates of a + commercial insurance carrier. + (4) Liability insurance.-- + (A) In general.--The term ``liability + insurance'' means insurance for legal + liabilities incurred by the insured resulting + from-- + (i) loss of or damage to property + of others; + (ii) ensuing loss of income or + extra expense incurred because of loss + of or damage to property of others; + (iii) bodily injury (including) to + persons other than the insured or its + employees; or + (iv) loss resulting from debt or + default of another. + (5) Loss.--The term ``loss'' means death, bodily + injury, or loss of or damage to property, including + business interruption loss. + (6) Non-federal government customers.--The term + ``non-Federal Government customers'' means any customer + of a Seller that is not an agency or instrumentality of + the United States Government with authority under + Public Law 85-804 to provide for indemnification under + certain circumstances for third-party claims against + its contractors, including but not limited to State and + local authorities and commercial entities. + + Subtitle H--Miscellaneous Provisions + +SEC. 871. [6 U.S.C. 451] ADVISORY COMMITTEES. + + (a) In General.--The Secretary may establish, appoint +members of, and use the services of, advisory committees, as +the Secretary may deem necessary. An advisory committee +established under this section may be exempted by the Secretary +from Public Law 92-463, but the Secretary shall publish notice +in the Federal Register announcing the establishment of such a +committee and identifying its purpose and membership. +Notwithstanding the preceding sentence, members of an advisory +committee that is exempted by the Secretary under the preceding +sentence who are special Government employees (as that term is +defined in section 202 of title 18, United States Code) shall +be eligible for certifications under subsection (b)(3) of +section 208 of title 18, United States Code, for official +actions taken as a member of such advisory committee. + (b) Termination.--Any advisory committee established by the +Secretary shall terminate 2 years after the date of its +establishment, unless the Secretary makes a written +determination to extend the advisory committee to a specified +date, which shall not be more than 2 years after the date on +which such determination is made. The Secretary may make any +number of subsequent extensions consistent with this +subsection. + +SEC. 872. [6 U.S.C. 452] REORGANIZATION. + + (a) Reorganization.--The Secretary may allocate or +reallocate functions among the officers of the Department, and +may establish, consolidate, alter, or discontinue +organizational units within the Department, but only-- + (1) pursuant to section 1502(b); or + (2) after the expiration of 60 days after providing + notice of such action to the appropriate congressional + committees, which shall include an explanation of the + rationale for the action. + (b) Limitations.-- + (1) In general.--Authority under subsection (a)(1) + does not extend to the abolition of any agency, entity, + organizational unit, program, or function established + or required to be maintained by this Act. + (2) Abolitions.--Authority under subsection (a)(2) + does not extend to the abolition of any agency, entity, + organizational unit, program, or function established + or required to be maintained by statute. + +SEC. 873. [6 U.S.C. 453] USE OF APPROPRIATED FUNDS. + + (a) Disposal of Property.-- + (1) Strict compliance.--If specifically authorized + to dispose of real property in this or any other Act, + the Secretary shall exercise this authority in strict + compliance with section 204 of the Federal Property and + Administrative Services Act of 1949 (40 U.S.C. 485). + (2) Deposit of proceeds.--The Secretary shall + deposit the proceeds of any exercise of property + disposal authority into the miscellaneous receipts of + the Treasury in accordance with section 3302(b) of + title 31, United States Code. + (b) Gifts.--Except as authorized by section 2601 of title +10, United States Code, and by section 93 of title 14, United +States Code, gifts \1\ or donations of services or property of +or for the Department may not be accepted, used, or disposed of +unless specifically permitted in advance in an appropriations +Act and only under the conditions and for the purposes +specified in such appropriations Act. +--------------------------------------------------------------------------- + \1\ Section 103(3) of Public Law 108-7 (117 Stat. 529) amends +subsection (b) by inserting ``Except as authorized by section 2601 of +title 10, United States Code, and by section 93 of title 14, United +States Code,'' before the word ``Gifts'' in the second place it appears +and by striking the letter ``G'' and inserting in lieu thereof ``g'' in +the word ``Gifts'' in the second place it appears. The word ``Gifts'' +appears once in the text, however, the amendments have been executed to +reflect the probable intent of Congress. +--------------------------------------------------------------------------- + (c) Budget Request.--Under section 1105 of title 31, United +States Code, the President shall submit to Congress a detailed +budget request for the Department for fiscal year 2004, and for +each subsequent fiscal year. + +SEC. 874. [6 U.S.C. 454] FUTURE YEAR HOMELAND SECURITY PROGRAM. + + (a) In General.--Each budget request submitted to Congress +for the Department under section 1105 of title 31, United +States Code, shall, at or about the same time, be accompanied +by a Future Years Homeland Security Program. + (b) Contents.--The Future Years Homeland Security Program +under subsection (a) shall-- + (1) include the same type of information, + organizational structure, and level of detail as the + future years defense program submitted to Congress by + the Secretary of Defense under section 221 of title 10, + United States Code; + (2) set forth the homeland security strategy of the + Department, which shall be developed and updated as + appropriate annually by the Secretary, that was used to + develop program planning guidance for the Future Years + Homeland Security Program; and + (3) include an explanation of how the resource + allocations included in the Future Years Homeland + Security Program correlate to the homeland security + strategy set forth under paragraph (2). + (c) Effective Date.--This section shall take effect with +respect to the preparation and submission of the fiscal year +2005 budget request for the Department and for any subsequent +fiscal year, except that the first Future Years Homeland +Security Program shall be submitted not later than 90 days +after the Department's fiscal year 2005 budget request is +submitted to Congress. + +SEC. 875. [6 U.S.C. 455] MISCELLANEOUS AUTHORITIES. + + (a) Seal.--The Department shall have a seal, whose design +is subject to the approval of the President. + (b) Participation of Members of the Armed Forces.--With +respect to the Department, the Secretary shall have the same +authorities that the Secretary of Transportation has with +respect to the Department of Transportation under section 324 +of title 49, United States Code. + (c) Redelegation of Functions.--Unless otherwise provided +in the delegation or by law, any function delegated under this +Act may be redelegated to any subordinate. + +SEC. 876. [6 U.S.C. 456] MILITARY ACTIVITIES. + + Nothing in this Act shall confer upon the Secretary any +authority to engage in warfighting, the military defense of the +United States, or other military activities, nor shall anything +in this Act limit the existing authority of the Department of +Defense or the Armed Forces to engage in warfighting, the +military defense of the United States, or other military +activities. + +SEC. 877. [6 U.S.C. 457] REGULATORY AUTHORITY AND PREEMPTION. + + (a) Regulatory Authority.--Except as otherwise provided in +sections 306(c), 862(c), and 1706(b), this Act vests no new +regulatory authority in the Secretary or any other Federal +official, and transfers to the Secretary or another Federal +official only such regulatory authority as exists on the date +of enactment of this Act within any agency, program, or +function transferred to the Department pursuant to this Act, or +that on such date of enactment is exercised by another official +of the executive branch with respect to such agency, program, +or function. Any such transferred authority may not be +exercised by an official from whom it is transferred upon +transfer of such agency, program, or function to the Secretary +or another Federal official pursuant to this Act. This Act may +not be construed as altering or diminishing the regulatory +authority of any other executive agency, except to the extent +that this Act transfers such authority from the agency. + (b) Preemption of State or Local Law.--Except as otherwise +provided in this Act, this Act preempts no State or local law, +except that any authority to preempt State or local law vested +in any Federal agency or official transferred to the Department +pursuant to this Act shall be transferred to the Department +effective on the date of the transfer to the Department of that +Federal agency or official. + +SEC. 878. [6 U.S.C. 458] OFFICE OF COUNTERNARCOTICS ENFORCEMENT. + + (a) Office.--There is established in the Department an +Office of Counternarcotics Enforcement, which shall be headed +by a Director appointed by the President, by and with the +advice and consent of the Senate. + (b) Assignment of Personnel.-- + (1) In general.--The Secretary shall assign + permanent staff to the Office, consistent with + effective management of Department resources. + (2) Liaisons.--The Secretary shall designate senior + employees from each appropriate subdivision of the + Department that has significant counternarcotics + responsibilities to act as a liaison between that + subdivision and the Office of Counternarcotics + Enforcement. + (c) Limitation on Concurrent Employment.--The Director of +the Office of Counternarcotics Enforcement shall not be +employed by, assigned to, or serve as the head of, any other +branch of the Federal Government, any State or local +government, or any subdivision of the Department other than the +Office of Counternarcotics Enforcement. + (d) Responsibilities.--The Secretary shall direct the +Director of the Office of Counternarcotics Enforcement-- + (1) to coordinate policy and operations within the + Department, between the Department and other Federal + departments and agencies, and between the Department + and State and local agencies with respect to stopping + the entry of illegal drugs into the United States; + (2) to ensure the adequacy of resources within the + Department for stopping the entry of illegal drugs into + the United States; + (3) to recommend the appropriate financial and + personnel resources necessary to help the Department + better fulfill its responsibility to stop the entry of + illegal drugs into the United States; + (4) within the Joint Terrorism Task Force construct + to track and sever connections between illegal drug + trafficking and terrorism; and + (5) to be a representative of the Department on all + task forces, committees, or other entities whose + purpose is to coordinate the counternarcotics + enforcement activities of the Department and other + Federal, State or local agencies. + (e) Savings Clause.--Nothing in this section shall be +construed to authorize direct control of the operations +conducted by the Directorate of Border and Transportation +Security, the Coast Guard, or joint terrorism task forces. + (f) Reports to Congress.-- + (1) Annual budget review.--The Director of the + Office of Counternarcotics Enforcement shall, not later + than 30 days after the submission by the President to + Congress of any request for expenditures for the + Department, submit to the Committees on Appropriations + and the authorizing committees of jurisdiction of the + House of Representatives and the Senate a review and + evaluation of such request. The review and evaluation + shall-- + (A) identify any request or subpart of any + request that affects or may affect the + counternarcotics activities of the Department + or any of its subdivisions, or that affects the + ability of the Department or any subdivision of + the Department to meet its responsibility to + stop the entry of illegal drugs into the United + States; + (B) describe with particularity how such + requested funds would be or could be expended + in furtherance of counternarcotics activities; + and + (C) compare such requests with requests for + expenditures and amounts appropriated by + Congress in the previous fiscal year. + (2) Evaluation of counternarcotics activities.--The + Director of the Office of Counternarcotics Enforcement + shall, not later than February 1 of each year, submit + to the Committees on Appropriations and the authorizing + committees of jurisdiction of the House of + Representatives and the Senate a review and evaluation + of the counternarcotics activities of the Department + for the previous fiscal year. The review and evaluation + shall-- + (A) describe the counternarcotics + activities of the Department and each + subdivision of the Department (whether + individually or in cooperation with other + subdivisions of the Department, or in + cooperation with other branches of the Federal + Government or with State or local agencies), + including the methods, procedures, and systems + (including computer systems) for collecting, + analyzing, sharing, and disseminating + information concerning narcotics activity + within the Department and between the + Department and other Federal, State, and local + agencies; + (B) describe the results of those + activities, using quantifiable data whenever + possible; + (C) state whether those activities were + sufficient to meet the responsibility of the + Department to stop the entry of illegal drugs + into the United States, including a description + of the performance measures of effectiveness + that were used in making that determination; + and + (D) recommend, where appropriate, changes + to those activities to improve the performance + of the Department in meeting its responsibility + to stop the entry of illegal drugs into the + United States. + (3) Classified or law enforcement sensitive + information.--Any content of a review and evaluation + described in the reports required in this subsection + that involves information classified under criteria + established by an Executive order, or whose public + disclosure, as determined by the Secretary, would be + detrimental to the law enforcement or national security + activities of the Department or any other Federal, + State, or local agency, shall be presented to Congress + separately from the rest of the review and evaluation. + +SEC. 879. [6 U.S.C. 459] OFFICE OF INTERNATIONAL AFFAIRS. + + (a) Establishment.--There is established within the Office +of the Secretary an Office of International Affairs. The Office +shall be headed by a Director, who shall be a senior official +appointed by the Secretary. + (b) Duties of the Director.--The Director shall have the +following duties: + (1) To promote information and education exchange + with nations friendly to the United States in order to + promote sharing of best practices and technologies + relating to homeland security. Such exchange shall + include the following: + (A) Exchange of information on research and + development on homeland security technologies. + (B) Joint training exercises of first + responders. + (C) Exchange of expertise on terrorism + prevention, response, and crisis management. + (2) To identify areas for homeland security + information and training exchange where the United + States has a demonstrated weakness and another friendly + nation or nations have a demonstrated expertise. + (3) To plan and undertake international + conferences, exchange programs, and training + activities. + (4) To manage international activities within the + Department in coordination with other Federal officials + with responsibility for counter-terrorism matters. + +SEC. 880. [6 U.S.C. 460] PROHIBITION OF THE TERRORISM INFORMATION AND + PREVENTION SYSTEM. + + Any and all activities of the Federal Government to +implement the proposed component program of the Citizen Corps +known as Operation TIPS (Terrorism Information and Prevention +System) are hereby prohibited. + +SEC. 881. [6 U.S.C. 461] REVIEW OF PAY AND BENEFIT PLANS. + + Notwithstanding any other provision of this Act, the +Secretary shall, in consultation with the Director of the +Office of Personnel Management, review the pay and benefit +plans of each agency whose functions are transferred under this +Act to the Department and, within 90 days after the date of +enactment, submit a plan to the President of the Senate and the +Speaker of the House of Representatives and the appropriate +committees and subcommittees of Congress, for ensuring, to the +maximum extent practicable, the elimination of disparities in +pay and benefits throughout the Department, especially among +law enforcement personnel, that are inconsistent with merit +system principles set forth in section 2301 of title 5, United +States Code. + +SEC. 882. [6 U.S.C. 462] OFFICE FOR NATIONAL CAPITAL REGION + COORDINATION. + + (a) Establishment.-- + (1) In general.--There is established within the + Office of the Secretary the Office of National Capital + Region Coordination, to oversee and coordinate Federal + programs for and relationships with State, local, and + regional authorities in the National Capital Region, as + defined under section 2674(f)(2) of title 10, United + States Code. + (2) Director.--The Office established under + paragraph (1) shall be headed by a Director, who shall + be appointed by the Secretary. + (3) Cooperation.--The Secretary shall cooperate + with the Mayor of the District of Columbia, the + Governors of Maryland and Virginia, and other State, + local, and regional officers in the National Capital + Region to integrate the District of Columbia, Maryland, + and Virginia into the planning, coordination, and + execution of the activities of the Federal Government + for the enhancement of domestic preparedness against + the consequences of terrorist attacks. + (b) Responsibilities.--The Office established under +subsection (a)(1) shall-- + (1) coordinate the activities of the Department + relating to the National Capital Region, including + cooperation with the Office for State and Local + Government Coordination; + (2) assess, and advocate for, the resources needed + by State, local, and regional authorities in the + National Capital Region to implement efforts to secure + the homeland; + (3) provide State, local, and regional authorities + in the National Capital Region with regular + information, research, and technical support to assist + the efforts of State, local, and regional authorities + in the National Capital Region in securing the + homeland; + (4) develop a process for receiving meaningful + input from State, local, and regional authorities and + the private sector in the National Capital Region to + assist in the development of the homeland security + plans and activities of the Federal Government; + (5) coordinate with Federal agencies in the + National Capital Region on terrorism preparedness, to + ensure adequate planning, information sharing, + training, and execution of the Federal role in domestic + preparedness activities; + (6) coordinate with Federal, State, local, and + regional agencies, and the private sector in the + National Capital Region on terrorism preparedness to + ensure adequate planning, information sharing, + training, and execution of domestic preparedness + activities among these agencies and entities; and + (7) serve as a liaison between the Federal + Government and State, local, and regional authorities, + and private sector entities in the National Capital + Region to facilitate access to Federal grants and other + programs. + (c) Annual Report.--The Office established under subsection +(a) shall submit an annual report to Congress that includes-- + (1) the identification of the resources required to + fully implement homeland security efforts in the + National Capital Region; + (2) an assessment of the progress made by the + National Capital Region in implementing homeland + security efforts; and + (3) recommendations to Congress regarding the + additional resources needed to fully implement homeland + security efforts in the National Capital Region. + (d) Limitation.--Nothing contained in this section shall be +construed as limiting the power of State and local governments. + +SEC. 883. [6 U.S.C. 463] REQUIREMENT TO COMPLY WITH LAWS PROTECTING + EQUAL EMPLOYMENT OPPORTUNITY AND PROVIDING + WHISTLEBLOWER PROTECTIONS. + + Nothing in this Act shall be construed as exempting the +Department from requirements applicable with respect to +executive agencies-- + (1) to provide equal employment protection for + employees of the Department (including pursuant to the + provisions in section 2302(b)(1) of title 5, United + States Code, and the Notification and Federal Employee + Antidiscrimination and Retaliation Act of 2002 (Public + Law 107-174)); or + (2) to provide whistleblower protections for + employees of the Department (including pursuant to the + provisions in section 2302(b)(8) and (9) of such title + and the Notification and Federal Employee + Antidiscrimination and Retaliation Act of 2002). + +SEC. 884. [6 U.S.C. 464] FEDERAL LAW ENFORCEMENT TRAINING CENTER. + + (a) In General.--The transfer of an authority or an agency +under this Act to the Department of Homeland Security does not +affect training agreements already entered into with the +Federal Law Enforcement Training Center with respect to the +training of personnel to carry out that authority or the duties +of that transferred agency. + (b) Continuity of Operations.--All activities of the +Federal Law Enforcement Training Center transferred to the +Department of Homeland Security under this Act shall continue +to be carried out at the locations such activities were carried +out before such transfer. + +SEC. 885. [6 U.S.C. 465] JOINT INTERAGENCY TASK FORCE. + + (a) Establishment.--The Secretary may establish and operate +a permanent Joint Interagency Homeland Security Task Force +composed of representatives from military and civilian agencies +of the United States Government for the purposes of +anticipating terrorist threats against the United States and +taking appropriate actions to prevent harm to the United +States. + (b) Structure.--It is the sense of Congress that the +Secretary should model the Joint Interagency Homeland Security +Task Force on the approach taken by the Joint Interagency Task +Forces for drug interdiction at Key West, Florida and Alameda, +California, to the maximum extent feasible and appropriate. + +SEC. 886. [6 U.S.C. 466] SENSE OF CONGRESS REAFFIRMING THE CONTINUED + IMPORTANCE AND APPLICABILITY OF THE POSSE COMITATUS + ACT. + + (a) Findings.--Congress finds the following: + (1) Section 1385 of title 18, United States Code + (commonly known as the ``Posse Comitatus Act''), + prohibits the use of the Armed Forces as a posse + comitatus to execute the laws except in cases and under + circumstances expressly authorized by the Constitution + or Act of Congress. + (2) Enacted in 1878, the Posse Comitatus Act was + expressly intended to prevent United States Marshals, + on their own initiative, from calling on the Army for + assistance in enforcing Federal law. + (3) The Posse Comitatus Act has served the Nation + well in limiting the use of the Armed Forces to enforce + the law. + (4) Nevertheless, by its express terms, the Posse + Comitatus Act is not a complete barrier to the use of + the Armed Forces for a range of domestic purposes, + including law enforcement functions, when the use of + the Armed Forces is authorized by Act of Congress or + the President determines that the use of the Armed + Forces is required to fulfill the President's + obligations under the Constitution to respond promptly + in time of war, insurrection, or other serious + emergency. + (5) Existing laws, including chapter 15 of title + 10, United States Code (commonly known as the + ``Insurrection Act''), and the Robert T. Stafford + Disaster Relief and Emergency Assistance Act (42 U.S.C. + 5121 et seq.), grant the President broad powers that + may be invoked in the event of domestic emergencies, + including an attack against the Nation using weapons of + mass destruction, and these laws specifically authorize + the President to use the Armed Forces to help restore + public order. + (b) Sense of Congress.--Congress reaffirms the continued +importance of section 1385 of title 18, United States Code, and +it is the sense of Congress that nothing in this Act should be +construed to alter the applicability of such section to any use +of the Armed Forces as a posse comitatus to execute the laws. + +SEC. 887. [6 U.S.C. 467] COORDINATION WITH THE DEPARTMENT OF HEALTH AND + HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE ACT. + + (a) In General.--The annual Federal response plan developed +by the Department shall be consistent with section 319 of the +Public Health Service Act (42 U.S.C. 247d). + (b) Disclosures Among Relevant Agencies.-- + (1) In general.--Full disclosure among relevant + agencies shall be made in accordance with this + subsection. + (2) Public health emergency.--During the period in + which the Secretary of Health and Human Services has + declared the existence of a public health emergency + under section 319(a) of the Public Health Service Act + (42 U.S.C. 247d(a)), the Secretary of Health and Human + Services shall keep relevant agencies, including the + Department of Homeland Security, the Department of + Justice, and the Federal Bureau of Investigation, fully + and currently informed. + (3) Potential public health emergency.--In cases + involving, or potentially involving, a public health + emergency, but in which no determination of an + emergency by the Secretary of Health and Human Services + under section 319(a) of the Public Health Service Act + (42 U.S.C. 247d(a)), has been made, all relevant + agencies, including the Department of Homeland + Security, the Department of Justice, and the Federal + Bureau of Investigation, shall keep the Secretary of + Health and Human Services and the Director of the + Centers for Disease Control and Prevention fully and + currently informed. + +SEC. 888. [6 U.S.C. 468] PRESERVING COAST GUARD MISSION PERFORMANCE. + + (a) Definitions.--In this section: + (1) Non-homeland security missions.--The term + ``non-homeland security missions'' means the following + missions of the Coast Guard: + (A) Marine safety. + (B) Search and rescue. + (C) Aids to navigation. + (D) Living marine resources (fisheries law + enforcement). + (E) Marine environmental protection. + (F) Ice operations. + (2) Homeland security missions.--The term + ``homeland security missions'' means the following + missions of the Coast Guard: + (A) Ports, waterways and coastal security. + (B) Drug interdiction. + (C) Migrant interdiction. + (D) Defense readiness. + (E) Other law enforcement. + (b) Transfer.--There are transferred to the Department the +authorities, functions, personnel, and assets of the Coast +Guard, which shall be maintained as a distinct entity within +the Department, including the authorities and functions of the +Secretary of Transportation relating thereto. + (c) Maintenance of Status of Functions and Assets.-- +Notwithstanding any other provision of this Act, the +authorities, functions, and capabilities of the Coast Guard to +perform its missions shall be maintained intact and without +significant reduction after the transfer of the Coast Guard to +the Department, except as specified in subsequent Acts. + (d) Certain Transfers Prohibited.--No mission, function, or +asset (including for purposes of this subsection any ship, +aircraft, or helicopter) of the Coast Guard may be diverted to +the principal and continuing use of any other organization, +unit, or entity of the Department, except for details or +assignments that do not reduce the Coast Guard's capability to +perform its missions. + (e) Changes to Missions.-- + (1) Prohibition.--The Secretary may not + substantially or significantly reduce the missions of + the Coast Guard or the Coast Guard's capability to + perform those missions, except as specified in + subsequent Acts. + (2) Waiver.--The Secretary may waive the + restrictions under paragraph (1) for a period of not to + exceed 90 days upon a declaration and certification by + the Secretary to Congress that a clear, compelling, and + immediate need exists for such a waiver. A + certification under this paragraph shall include a + detailed justification for the declaration and + certification, including the reasons and specific + information that demonstrate that the Nation and the + Coast Guard cannot respond effectively if the + restrictions under paragraph (1) are not waived. + (f) Annual Review.-- + (1) In general.--The Inspector General of the + Department shall conduct an annual review that shall + assess thoroughly the performance by the Coast Guard of + all missions of the Coast Guard (including non-homeland + security missions and homeland security missions) with + a particular emphasis on examining the non-homeland + security missions. + (2) Report.--The report under this paragraph shall + be submitted to-- + (A) the Committee on Governmental Affairs + of the Senate; + (B) the Committee on Government Reform of + the House of Representatives; + (C) the Committees on Appropriations of the + Senate and the House of Representatives; + (D) the Committee on Commerce, Science, and + Transportation of the Senate; and + (E) the Committee on Transportation and + Infrastructure of the House of Representatives. + (g) Direct Reporting to Secretary.--Upon the transfer of +the Coast Guard to the Department, the Commandant shall report +directly to the Secretary without being required to report +through any other official of the Department. + (h) Operation as a Service in the Navy.--None of the +conditions and restrictions in this section shall apply when +the Coast Guard operates as a service in the Navy under section +3 of title 14, United States Code. + (i) Report on Accelerating the Integrated Deepwater +System.--Not later than 90 days after the date of enactment of +this Act, the Secretary, in consultation with the Commandant of +the Coast Guard, shall submit a report to the Committee on +Commerce, Science, and Transportation of the Senate, the +Committee on Transportation and Infrastructure of the House of +Representatives, and the Committees on Appropriations of the +Senate and the House of Representatives that-- + (1) analyzes the feasibility of accelerating the + rate of procurement in the Coast Guard's Integrated + Deepwater System from 20 years to 10 years; + (2) includes an estimate of additional resources + required; + (3) describes the resulting increased capabilities; + (4) outlines any increases in the Coast Guard's + homeland security readiness; + (5) describes any increases in operational + efficiencies; and + (6) provides a revised asset phase-in time line. + * * * * * * * + +SEC. 889. HOMELAND SECURITY FUNDING ANALYSIS IN PRESIDENT'S BUDGET. + + (a) * * * + * * * * * * * + (c) [31 U.S.C. 1105 note] Effective Date.--This section and +the amendment made by this section shall apply beginning with +respect to the fiscal year 2005 budget submission. + * * * * * * * + + Subtitle I--Information Sharing + +SEC. 891. [6 U.S.C. 481] SHORT TITLE; FINDINGS; AND SENSE OF CONGRESS. + + (a) Short Title.--This subtitle may be cited as the +``Homeland Security Information Sharing Act''. + (b) Findings.--Congress finds the following: + (1) The Federal Government is required by the + Constitution to provide for the common defense, which + includes terrorist attack. + (2) The Federal Government relies on State and + local personnel to protect against terrorist attack. + (3) The Federal Government collects, creates, + manages, and protects classified and sensitive but + unclassified information to enhance homeland security. + (4) Some homeland security information is needed by + the State and local personnel to prevent and prepare + for terrorist attack. + (5) The needs of State and local personnel to have + access to relevant homeland security information to + combat terrorism must be reconciled with the need to + preserve the protected status of such information and + to protect the sources and methods used to acquire such + information. + (6) Granting security clearances to certain State + and local personnel is one way to facilitate the + sharing of information regarding specific terrorist + threats among Federal, State, and local levels of + government. + (7) Methods exist to declassify, redact, or + otherwise adapt classified information so it may be + shared with State and local personnel without the need + for granting additional security clearances. + (8) State and local personnel have capabilities and + opportunities to gather information on suspicious + activities and terrorist threats not possessed by + Federal agencies. + (9) The Federal Government and State and local + governments and agencies in other jurisdictions may + benefit from such information. + (10) Federal, State, and local governments and + intelligence, law enforcement, and other emergency + preparation and response agencies must act in + partnership to maximize the benefits of information + gathering and analysis to prevent and respond to + terrorist attacks. + (11) Information systems, including the National + Law Enforcement Telecommunications System and the + Terrorist Threat Warning System, have been established + for rapid sharing of classified and sensitive but + unclassified information among Federal, State, and + local entities. + (12) Increased efforts to share homeland security + information should avoid duplicating existing + information systems. + (c) Sense of Congress.--It is the sense of Congress that +Federal, State, and local entities should share homeland +security information to the maximum extent practicable, with +special emphasis on hard-to-reach urban and rural communities. + +SEC. 892. [6 U.S.C. 482] FACILITATING HOMELAND SECURITY INFORMATION + SHARING PROCEDURES. + + (a) Procedures for Determining Extent of Sharing of +Homeland Security Information.-- + (1) The President shall prescribe and implement + procedures under which relevant Federal agencies-- + (A) share relevant and appropriate homeland + security information with other Federal + agencies, including the Department, and + appropriate State and local personnel; + (B) identify and safeguard homeland + security information that is sensitive but + unclassified; and + (C) to the extent such information is in + classified form, determine whether, how, and to + what extent to remove classified information, + as appropriate, and with which such personnel + it may be shared after such information is + removed. + (2) The President shall ensure that such procedures + apply to all agencies of the Federal Government. + (3) Such procedures shall not change the + substantive requirements for the classification and + safeguarding of classified information. + (4) Such procedures shall not change the + requirements and authorities to protect sources and + methods. + (b) Procedures for Sharing of Homeland Security +Information.-- + (1) Under procedures prescribed by the President, + all appropriate agencies, including the intelligence + community, shall, through information sharing systems, + share homeland security information with Federal + agencies and appropriate State and local personnel to + the extent such information may be shared, as + determined in accordance with subsection (a), together + with assessments of the credibility of such + information. + (2) Each information sharing system through which + information is shared under paragraph (1) shall-- + (A) have the capability to transmit + unclassified or classified information, though + the procedures and recipients for each + capability may differ; + (B) have the capability to restrict + delivery of information to specified subgroups + by geographic location, type of organization, + position of a recipient within an organization, + or a recipient's need to know such information; + (C) be configured to allow the efficient + and effective sharing of information; and + (D) be accessible to appropriate State and + local personnel. + (3) The procedures prescribed under paragraph (1) + shall establish conditions on the use of information + shared under paragraph (1)-- + (A) to limit the redissemination of such + information to ensure that such information is + not used for an unauthorized purpose; + (B) to ensure the security and + confidentiality of such information; + (C) to protect the constitutional and + statutory rights of any individuals who are + subjects of such information; and + (D) to provide data integrity through the + timely removal and destruction of obsolete or + erroneous names and information. + (4) The procedures prescribed under paragraph (1) + shall ensure, to the greatest extent practicable, that + the information sharing system through which + information is shared under such paragraph include + existing information sharing systems, including, but + not limited to, the National Law Enforcement + Telecommunications System, the Regional Information + Sharing System, and the Terrorist Threat Warning System + of the Federal Bureau of Investigation. + (5) Each appropriate Federal agency, as determined + by the President, shall have access to each information + sharing system through which information is shared + under paragraph (1), and shall therefore have access to + all information, as appropriate, shared under such + paragraph. + (6) The procedures prescribed under paragraph (1) + shall ensure that appropriate State and local personnel + are authorized to use such information sharing + systems-- + (A) to access information shared with such + personnel; and + (B) to share, with others who have access + to such information sharing systems, the + homeland security information of their own + jurisdictions, which shall be marked + appropriately as pertaining to potential + terrorist activity. + (7) Under procedures prescribed jointly by the + Director of Central Intelligence and the Attorney + General, each appropriate Federal agency, as determined + by the President, shall review and assess the + information shared under paragraph (6) and integrate + such information with existing intelligence. + (c) Sharing of Classified Information and Sensitive but +Unclassified Information With State and Local Personnel.-- + (1) The President shall prescribe procedures under + which Federal agencies may, to the extent the President + considers necessary, share with appropriate State and + local personnel homeland security information that + remains classified or otherwise protected after the + determinations prescribed under the procedures set + forth in subsection (a). + (2) It is the sense of Congress that such + procedures may include 1 or more of the following + means: + (A) Carrying out security clearance + investigations with respect to appropriate + State and local personnel. + (B) With respect to information that is + sensitive but unclassified, entering into + nondisclosure agreements with appropriate State + and local personnel. + (C) Increased use of information-sharing + partnerships that include appropriate State and + local personnel, such as the Joint Terrorism + Task Forces of the Federal Bureau of + Investigation, the Anti-Terrorism Task Forces + of the Department of Justice, and regional + Terrorism Early Warning Groups. + (3)(A) The Secretary shall establish a program to + provide appropriate training to officials described in + subparagraph (B) in order to assist such officials in-- + (i) identifying sources of potential + terrorist threats through such methods as the + Secretary determines appropriate; + (ii) reporting information relating to such + potential terrorist threats to the appropriate + Federal agencies in the appropriate form and + manner; + (iii) assuring that all reported + information is systematically submitted to and + passed on by the Department for use by + appropriate Federal agencies; and + (iv) understanding the mission and roles of + the intelligence community to promote more + effective information sharing among Federal, + State, and local officials and representatives + of the private sector to prevent terrorist + attacks against the United States. + (B) The officials referred to in subparagraph (A) + are officials of State and local government agencies + and representatives of private sector entities with + responsibilities relating to the oversight and + management of first responders, counterterrorism + activities, or critical infrastructure. + (C) The Secretary shall consult with the Attorney + General to ensure that the training program established + in subparagraph (A) does not duplicate the training + program established in section 908 of the USA PATRIOT + Act (Public Law 107-56; 28 U.S.C. 509 note). + (D) The Secretary shall carry out this paragraph in + consultation with the Director of Central Intelligence + and the Attorney General. + (d) Responsible Officials.--For each affected Federal +agency, the head of such agency shall designate an official to +administer this Act with respect to such agency. + (e) Federal Control of Information.--Under procedures +prescribed under this section, information obtained by a State +or local government from a Federal agency under this section +shall remain under the control of the Federal agency, and a +State or local law authorizing or requiring such a government +to disclose information shall not apply to such information. + (f) Definitions.--As used in this section: + (1) The term ``homeland security information'' + means any information possessed by a Federal, State, or + local agency that-- + (A) relates to the threat of terrorist + activity; + (B) relates to the ability to prevent, + interdict, or disrupt terrorist activity; + (C) would improve the identification or + investigation of a suspected terrorist or + terrorist organization; or + (D) would improve the response to a + terrorist act. + (2) The term ``intelligence community'' has the + meaning given such term in section 3(4) of the National + Security Act of 1947 (50 U.S.C. 401a(4)). + (3) The term ``State and local personnel'' means + any of the following persons involved in prevention, + preparation, or response for terrorist attack: + (A) State Governors, mayors, and other + locally elected officials. + (B) State and local law enforcement + personnel and firefighters. + (C) Public health and medical + professionals. + (D) Regional, State, and local emergency + management agency personnel, including State + adjutant generals. + (E) Other appropriate emergency response + agency personnel. + (F) Employees of private-sector entities + that affect critical infrastructure, cyber, + economic, or public health security, as + designated by the Federal Government in + procedures developed pursuant to this section. + (4) The term ``State'' includes the District of + Columbia and any commonwealth, territory, or possession + of the United States. + (g) Construction.--Nothing in this Act shall be construed +as authorizing any department, bureau, agency, officer, or +employee of the Federal Government to request, receive, or +transmit to any other Government entity or personnel, or +transmit to any State or local entity or personnel otherwise +authorized by this Act to receive homeland security +information, any information collected by the Federal +Government solely for statistical purposes in violation of any +other provision of law relating to the confidentiality of such +information. + +SEC. 893. [6 U.S.C. 483] REPORT. + + (a) Report Required.--Not later than 12 months after the +date of the enactment of this Act, the President shall submit +to the congressional committees specified in subsection (b) a +report on the implementation of section 892. The report shall +include any recommendations for additional measures or +appropriation requests, beyond the requirements of section 892, +to increase the effectiveness of sharing of information between +and among Federal, State, and local entities. + (b) Specified Congressional Committees.--The congressional +committees referred to in subsection (a) are the following +committees: + (1) The Permanent Select Committee on Intelligence + and the Committee on the Judiciary of the House of + Representatives. + (2) The Select Committee on Intelligence and the + Committee on the Judiciary of the Senate. + +SEC. 894. [6 U.S.C. 484] AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated such sums as may be +necessary to carry out section 892. + * * * * * * * + + Subtitle J--Secure Handling of Ammonium Nitrate + +SEC. 899A. [6 U.S.C. 488] DEFINITIONS. + + In this subtitle: + (1) Ammonium nitrate.--The term ``ammonium + nitrate'' means-- + (A) solid ammonium nitrate that is chiefly + the ammonium salt of nitric acid and contains + not less than 33 percent nitrogen by weight; + and + (B) any mixture containing a percentage of + ammonium nitrate that is equal to or greater + than the percentage determined by the Secretary + under section 899B(b). + (2) Ammonium nitrate facility.--The term ``ammonium + nitrate facility'' means any entity that produces, + sells or otherwise transfers ownership of, or provides + application services for ammonium nitrate. + (3) Ammonium nitrate purchaser.--The term + ``ammonium nitrate purchaser'' means any person who + purchases ammonium nitrate from an ammonium nitrate + facility. + +SEC. 899B. [6 U.S.C. 488A] REGULATION OF THE SALE AND TRANSFER OF + AMMONIUM NITRATE. + + (a) In General.--The Secretary shall regulate the sale and +transfer of ammonium nitrate by an ammonium nitrate facility in +accordance with this subtitle to prevent the misappropriation +or use of ammonium nitrate in an act of terrorism. + (b) Ammonium Nitrate Mixtures.--Not later than 90 days +after the date of the enactment of this subtitle, the +Secretary, in consultation with the heads of appropriate +Federal departments and agencies (including the Secretary of +Agriculture), shall, after notice and an opportunity for +comment, establish a threshold percentage for ammonium nitrate +in a substance. + (c) Registration of Owners of Ammonium Nitrate +Facilities.-- + (1) Registration.--The Secretary shall establish a + process by which any person that-- + (A) owns an ammonium nitrate facility is + required to register with the Department; and + (B) registers under subparagraph (A) is + issued a registration number for purposes of + this subtitle. + (2) Registration information.--Any person applying + to register under paragraph (1) shall submit to the + Secretary-- + (A) the name, address, and telephone number + of each ammonium nitrate facility owned by that + person; + (B) the name of the person designated by + that person as the point of contact for each + such facility, for purposes of this subtitle; + and + (C) such other information as the Secretary + may determine is appropriate. + (d) Registration of Ammonium Nitrate Purchasers.-- + (1) Registration.--The Secretary shall establish a + process by which any person that-- + (A) intends to be an ammonium nitrate + purchaser is required to register with the + Department; and + (B) registers under subparagraph (A) is + issued a registration number for purposes of + this subtitle. + (2) Registration information.--Any person applying + to register under paragraph (1) as an ammonium nitrate + purchaser shall submit to the Secretary-- + (A) the name, address, and telephone number + of the applicant; and + (B) the intended use of ammonium nitrate to + be purchased by the applicant. + (e) Records.-- + (1) Maintenance of records.--The owner of an + ammonium nitrate facility shall-- + (A) maintain a record of each sale or + transfer of ammonium nitrate, during the two- + year period beginning on the date of that sale + or transfer; and + (B) include in such record the information + described in paragraph (2). + (2) Specific information required.--For each sale + or transfer of ammonium nitrate, the owner of an + ammonium nitrate facility shall-- + (A) record the name, address, telephone + number, and registration number issued under + subsection (c) or (d) of each person that + purchases ammonium nitrate, in a manner + prescribed by the Secretary; + (B) if applicable, record the name, + address, and telephone number of an agent + acting on behalf of the person described in + subparagraph (A), at the point of sale; + (C) record the date and quantity of + ammonium nitrate sold or transferred; and + (D) verify the identity of the persons + described in subparagraphs (A) and (B), as + applicable, in accordance with a procedure + established by the Secretary. + (3) Protection of information.--In maintaining + records in accordance with paragraph (1), the owner of + an ammonium nitrate facility shall take reasonable + actions to ensure the protection of the information + included in such records. + (f) Exemption for Explosive Purposes.--The Secretary may +exempt from this subtitle a person producing, selling, or +purchasing ammonium nitrate exclusively for use in the +production of an explosive under a license or permit issued +under chapter 40 of title 18, United States Code. + (g) Consultation.--In carrying out this section, the +Secretary shall consult with the Secretary of Agriculture, +States, and appropriate private sector entities, to ensure that +the access of agricultural producers to ammonium nitrate is not +unduly burdened. + (h) Data Confidentiality.-- + (1) In general.--Notwithstanding section 552 of + title 5, United States Code, or the USA PATRIOT ACT + (Public Law 107-56; 115 Stat. 272), and except as + provided in paragraph (2), the Secretary may not + disclose to any person any information obtained under + this subtitle. + (2) Exception.--The Secretary may disclose any + information obtained by the Secretary under this + subtitle to-- + (A) an officer or employee of the United + States, or a person that has entered into a + contract with the United States, who has a need + to know the information to perform the duties + of the officer, employee, or person; or + (B) to a State agency under section 899D, + under appropriate arrangements to ensure the + protection of the information. + (i) Registration Procedures and Check of Terrorist +Screening Database.-- + (1) Registration procedures.-- + (A) Generally.--The Secretary shall + establish procedures to efficiently receive + applications for registration numbers under + this subtitle, conduct the checks required + under paragraph (2), and promptly issue or deny + a registration number. + (B) Initial six-month registration + period.--The Secretary shall take steps to + maximize the number of registration + applications that are submitted and processed + during the six-month period described in + section 899F(e). + (2) Check of terrorist screening database.-- + (A) Check required.--The Secretary shall + conduct a check of appropriate identifying + information of any person seeking to register + with the Department under subsection (c) or (d) + against identifying information that appears in + the terrorist screening database of the + Department. + (B) Authority to deny registration + number.--If the identifying information of a + person seeking to register with the Department + under subsection (c) or (d) appears in the + terrorist screening database of the Department, + the Secretary may deny issuance of a + registration number under this subtitle. + (3) Expedited review of applications.-- + (A) In general.--Following the six-month + period described in section 899F(e), the + Secretary shall, to the extent practicable, + issue or deny registration numbers under this + subtitle not later than 72 hours after the time + the Secretary receives a complete registration + application, unless the Secretary determines, + in the interest of national security, that + additional time is necessary to review an + application. + (B) Notice of application status.--In all + cases, the Secretary shall notify a person + seeking to register with the Department under + subsection (c) or (d) of the status of the + application of that person not later than 72 + hours after the time the Secretary receives a + complete registration application. + (4) Expedited appeals process.-- + (A) Requirement.-- + (i) Appeals process.--The Secretary + shall establish an expedited appeals + process for persons denied a + registration number under this + subtitle. + (ii) Time period for resolution.-- + The Secretary shall, to the extent + practicable, resolve appeals not later + than 72 hours after receiving a + complete request for appeal unless the + Secretary determines, in the interest + of national security, that additional + time is necessary to resolve an appeal. + (B) Consultation.--The Secretary, in + developing the appeals process under + subparagraph (A), shall consult with + appropriate stakeholders. + (C) Guidance.--The Secretary shall provide + guidance regarding the procedures and + information required for an appeal under + subparagraph (A) to any person denied a + registration number under this subtitle. + (5) Restrictions on use and maintenance of + information.-- + (A) In general.--Any information + constituting grounds for denial of a + registration number under this section shall be + maintained confidentially by the Secretary and + may be used only for making determinations + under this section. + (B) Sharing of information.-- + Notwithstanding any other provision of this + subtitle, the Secretary may share any such + information with Federal, State, local, and + tribal law enforcement agencies, as + appropriate. + (6) Registration information.-- + (A) Authority to require information.--The + Secretary may require a person applying for a + registration number under this subtitle to + submit such information as may be necessary to + carry out the requirements of this section. + (B) Requirement to update information.--The + Secretary may require persons issued a + registration under this subtitle to update + registration information submitted to the + Secretary under this subtitle, as appropriate. + (7) Re-checks against terrorist screening + database.-- + (A) Re-checks.--The Secretary shall, as + appropriate, recheck persons provided a + registration number pursuant to this subtitle + against the terrorist screening database of the + Department, and may revoke such registration + number if the Secretary determines such person + may pose a threat to national security. + (B) Notice of revocation.--The Secretary + shall, as appropriate, provide prior notice to + a person whose registration number is revoked + under this section and such person shall have + an opportunity to appeal, as provided in + paragraph (4). + +SEC. 899C. [6 U.S.C. 488B] INSPECTION AND AUDITING OF RECORDS. + + The Secretary shall establish a process for the periodic +inspection and auditing of the records maintained by owners of +ammonium nitrate facilities for the purpose of monitoring +compliance with this subtitle or for the purpose of deterring +or preventing the misappropriation or use of ammonium nitrate +in an act of terrorism. + +SEC. 899D. [6 U.S.C. 488C] ADMINISTRATIVE PROVISIONS. + + (a) Cooperative Agreements.--The Secretary-- + (1) may enter into a cooperative agreement with the + Secretary of Agriculture, or the head of any State + department of agriculture or its designee involved in + agricultural regulation, in consultation with the State + agency responsible for homeland security, to carry out + the provisions of this subtitle; and + (2) wherever possible, shall seek to cooperate with + State agencies or their designees that oversee ammonium + nitrate facility operations when seeking cooperative + agreements to implement the registration and + enforcement provisions of this subtitle. + (b) Delegation.-- + (1) Authority.--The Secretary may delegate to a + State the authority to assist the Secretary in the + administration and enforcement of this subtitle. + (2) Delegation required.--At the request of a + Governor of a State, the Secretary shall delegate to + that State the authority to carry out functions under + sections 899B and 899C, if the Secretary determines + that the State is capable of satisfactorily carrying + out such functions. + (3) Funding.--Subject to the availability of + appropriations, if the Secretary delegates functions to + a State under this subsection, the Secretary shall + provide to that State sufficient funds to carry out the + delegated functions. + (c) Provision of Guidance and Notification Materials to +Ammonium Nitrate Facilities.-- + (1) Guidance.--The Secretary shall make available + to each owner of an ammonium nitrate facility + registered under section 899B(c)(1) guidance on-- + (A) the identification of suspicious + ammonium nitrate purchases or transfers or + attempted purchases or transfers; + (B) the appropriate course of action to be + taken by the ammonium nitrate facility owner + with respect to such a purchase or transfer or + attempted purchase or transfer, including-- + (i) exercising the right of the + owner of the ammonium nitrate facility + to decline sale of ammonium nitrate; + and + (ii) notifying appropriate law + enforcement entities; and + (C) additional subjects determined + appropriate to prevent the misappropriation or + use of ammonium nitrate in an act of terrorism. + (2) Use of materials and programs.--In providing + guidance under this subsection, the Secretary shall, to + the extent practicable, leverage any relevant materials + and programs. + (3) Notification materials.-- + (A) In general.--The Secretary shall make + available materials suitable for posting at + locations where ammonium nitrate is sold. + (B) Design of materials.--Materials made + available under subparagraph (A) shall be + designed to notify prospective ammonium nitrate + purchasers of-- + (i) the record-keeping requirements + under section 899B; and + (ii) the penalties for violating + such requirements. + +SEC. 899E. [6 U.S.C. 488D] THEFT REPORTING REQUIREMENT. + + Any person who is required to comply with section 899B(e) +who has knowledge of the theft or unexplained loss of ammonium +nitrate shall report such theft or loss to the appropriate +Federal law enforcement authorities not later than 1 calendar +day of the date on which the person becomes aware of such theft +or loss. Upon receipt of such report, the relevant Federal +authorities shall inform State, local, and tribal law +enforcement entities, as appropriate. + +SEC. 899F. [6 U.S.C. 488E] PROHIBITIONS AND PENALTY. + + (a) Prohibitions.-- + (1) Taking possession.--No person shall purchase + ammonium nitrate from an ammonium nitrate facility + unless such person is registered under subsection (c) + or (d) of section 899B, or is an agent of a person + registered under subsection (c) or (d) of that section. + (2) Transferring possession.--An owner of an + ammonium nitrate facility shall not transfer possession + of ammonium nitrate from the ammonium nitrate facility + to any ammonium nitrate purchaser who is not registered + under subsection (c) or (d) of section 899B, or to any + agent acting on behalf of an ammonium nitrate purchaser + when such purchaser is not registered under subsection + (c) or (d) of section 899B. + (3) Other prohibitions.--No person shall-- + (A) purchase ammonium nitrate without a + registration number required under subsection + (c) or (d) of section 899B; + (B) own or operate an ammonium nitrate + facility without a registration number required + under section 899B(c); or + (C) fail to comply with any requirement or + violate any other prohibition under this + subtitle. + (b) Civil Penalty.--A person that violates this subtitle +may be assessed a civil penalty by the Secretary of not more +than $50,000 per violation. + (c) Penalty Considerations.--In determining the amount of a +civil penalty under this section, the Secretary shall +consider-- + (1) the nature and circumstances of the violation; + (2) with respect to the person who commits the + violation, any history of prior violations, the ability + to pay the penalty, and any effect the penalty is + likely to have on the ability of such person to do + business; and + (3) any other matter that the Secretary determines + that justice requires. + (d) Notice and Opportunity for a Hearing.--No civil penalty +may be assessed under this subtitle unless the person liable +for the penalty has been given notice and an opportunity for a +hearing on the violation for which the penalty is to be +assessed in the county, parish, or incorporated city of +residence of that person. + (e) Delay in Application of Prohibition.--Paragraphs (1) +and (2) of subsection (a) shall apply on and after the date +that is 6 months after the date that the Secretary issues a +final rule implementing this subtitle. + +SEC. 899G. [6 U.S.C. 488F] PROTECTION FROM CIVIL LIABILITY. + + (a) In General.--Notwithstanding any other provision of +law, an owner of an ammonium nitrate facility that in good +faith refuses to sell or transfer ammonium nitrate to any +person, or that in good faith discloses to the Department or to +appropriate law enforcement authorities an actual or attempted +purchase or transfer of ammonium nitrate, based upon a +reasonable belief that the person seeking purchase or transfer +of ammonium nitrate may use the ammonium nitrate to create an +explosive device to be employed in an act of terrorism (as +defined in section 3077 of title 18, United States Code), or to +use ammonium nitrate for any other unlawful purpose, shall not +be liable in any civil action relating to that refusal to sell +ammonium nitrate or that disclosure. + (b) Reasonable Belief.--A reasonable belief that a person +may use ammonium nitrate to create an explosive device to be +employed in an act of terrorism under subsection (a) may not +solely be based on the race, sex, national origin, creed, +religion, status as a veteran, or status as a member of the +Armed Forces of the United States of that person. + +SEC. 899H. [6 U.S.C. 488G] PREEMPTION OF OTHER LAWS. + + (a) Other Federal Regulations.--Except as provided in +section 899G, nothing in this subtitle affects any regulation +issued by any agency other than an agency of the Department. + (b) State Law.--Subject to section 899G, this subtitle +preempts the laws of any State to the extent that such laws are +inconsistent with this subtitle, except that this subtitle +shall not preempt any State law that provides additional +protection against the acquisition of ammonium nitrate by +terrorists or the use of ammonium nitrate in explosives in acts +of terrorism or for other illicit purposes, as determined by +the Secretary. + +SEC. 899I. [6 U.S.C. 488H] DEADLINES FOR REGULATIONS. + + The Secretary-- + (1) shall issue a proposed rule implementing this + subtitle not later than 6 months after the date of the + enactment of this subtitle; and + (2) issue a final rule implementing this subtitle + not later than 1 year after such date of enactment. + +SEC. 899J. [6 U.S.C. 488I] AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated to the Secretary-- + (1) $2,000,000 for fiscal year 2008; and + (2) $10,750,000 for each of fiscal years 2009 + through 2012. + + TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL + +SEC. 901. [6 U.S.C. 491] NATIONAL HOMELAND SECURITY COUNCIL. + + There is established within the Executive Office of the +President a council to be known as the ``Homeland Security +Council'' (in this title referred to as the ``Council''). + +SEC. 902. [6 U.S.C. 492] FUNCTION. + + The function of the Council shall be to advise the +President on homeland security matters. + +SEC. 903. [6 U.S.C. 493] MEMBERSHIP. + + (a) Members-- \1\The members of the Council shall be the +following: +--------------------------------------------------------------------------- + \1\ A period probably should appear prior to the dash in the +heading for subsection (a) of section 903. +--------------------------------------------------------------------------- + (1) The President. + (2) The Vice President. + (3) The Secretary of Homeland Security. + (4) The Attorney General. + (5) The Secretary of Defense. + (6) Such other individuals as may be designated by + the President. + (b) Attendance of Chairman of Joint Chiefs of Staff at +Meetings.--The Chairman of the Joint Chiefs of Staff (or, in +the absence of the Chairman, the Vice Chairman of the Joint +Chiefs of Staff) may, in the role of the Chairman of the Joint +Chiefs of Staff as principal military adviser to the Council +and subject to the direction of the President, attend and +participate in meetings of the Council. + +SEC. 904. [6 U.S.C. 494] OTHER FUNCTIONS AND ACTIVITIES. + + For the purpose of more effectively coordinating the +policies and functions of the United States Government relating +to homeland security, the Council shall-- + (1) assess the objectives, commitments, and risks + of the United States in the interest of homeland + security and to make resulting recommendations to the + President; + (2) oversee and review homeland security policies + of the Federal Government and to make resulting + recommendations to the President; and + (3) perform such other functions as the President + may direct. + +SEC. 905. [6 U.S.C. 495] STAFF COMPOSITION. + + The Council shall have a staff, the head of which shall be +a civilian Executive Secretary, who shall be appointed by the +President. The President is authorized to fix the pay of the +Executive Secretary at a rate not to exceed the rate of pay +payable to the Executive Secretary of the National Security +Council. + +SEC. 906. [6 U.S.C. 496] RELATION TO THE NATIONAL SECURITY COUNCIL. + + The President may convene joint meetings of the Homeland +Security Council and the National Security Council with +participation by members of either Council or as the President +may otherwise direct. + + TITLE X--INFORMATION SECURITY + +SEC. 1001. INFORMATION SECURITY. + + (a) [6 U.S.C. 101 note] Short Title.--This title may be +cited as the ``Federal Information Security Management Act of +2002''. + + * * * * * * * + + (c) [6 U.S.C. 511] Information Security Responsibilities of +Certain Agencies.-- + (1) National security responsibilities.--(A) + Nothing in this Act (including any amendment made by + this Act) shall supersede any authority of the + Secretary of Defense, the Director of Central + Intelligence, or other agency head, as authorized by + law and as directed by the President, with regard to + the operation, control, or management of national + security systems, as defined by section 3532(3) of + title 44, United States Code. + + * * * * * * * + + (2) Atomic energy act of 1954.--Nothing in this Act + shall supersede any requirement made by or under the + Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). + Restricted Data or Formerly Restricted Data shall be + handled, protected, classified, downgraded, and + declassified in conformity with the Atomic Energy Act + of 1954 (42 U.S.C. 2011 et seq.). + + * * * * * * * + + +SEC. 1006. [6 U.S.C. 512] CONSTRUCTION. + + Nothing in this Act, or the amendments made by this Act, +affects the authority of the National Institute of Standards +and Technology or the Department of Commerce relating to the +development and promulgation of standards or guidelines under +paragraphs (1) and (2) of section 20(a) of the National +Institute of Standards and Technology Act (15 U.S.C. 278g- +3(a)). + + TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS + + Subtitle A--Executive Office for Immigration Review + +SEC. 1101. LEGAL STATUS OF EOIR. + + (a) [6 U.S.C. 521] Existence of EOIR.--There is in the +Department of Justice the Executive Office for Immigration +Review, which shall be subject to the direction and regulation +of the Attorney General under section 103(g) of the Immigration +and Nationality Act, as added by section 1102. + + * * * * * * * + + +SEC. 1103. [6 U.S.C. 522] STATUTORY CONSTRUCTION. + + Nothing in this Act, any amendment made by this Act, or in +section 103 of the Immigration and Nationality Act, as amended +by section 1102, shall be construed to limit judicial deference +to regulations, adjudications, interpretations, orders, +decisions, judgments, or any other actions of the Secretary of +Homeland Security or the Attorney General. + +Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to + the Department of Justice + +SEC. 1111. [6 U.S.C. 531] BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND + EXPLOSIVES. + + (a) Establishment.-- + (1) In general.--There is established within the + Department of Justice under the general authority of + the Attorney General the Bureau of Alcohol, Tobacco, + Firearms, and Explosives (in this section referred to + as the ``Bureau''). + (2) Director.--There shall be at the head of the + Bureau a Director, Bureau of Alcohol, Tobacco, + Firearms, and Explosives (in this subtitle referred to + as the ``Director''). The Director shall be appointed + by the President, by and with the advice and consent of + the Senate and shall perform such functions as the + Attorney General shall direct. The Director shall + receive compensation at the rate prescribed by law + under section 5314 of title V, United States Code, for + positions at level III of the Executive Schedule. + (3) Coordination.--The Attorney General, acting + through the Director and such other officials of the + Department of Justice as the Attorney General may + designate, shall provide for the coordination of all + firearms, explosives, tobacco enforcement, and arson + enforcement functions vested in the Attorney General so + as to assure maximum cooperation between and among any + officer, employee, or agency of the Department of + Justice involved in the performance of these and + related functions. + (4) Performance of transferred functions.--The + Attorney General may make such provisions as the + Attorney General determines appropriate to authorize + the performance by any officer, employee, or agency of + the Department of Justice of any function transferred + to the Attorney General under this section. + (b) Responsibilities.--Subject to the direction of the +Attorney General, the Bureau shall be responsible for +investigating-- + (1) criminal and regulatory violations of the + Federal firearms, explosives, arson, alcohol, and + tobacco smuggling laws; + (2) the functions transferred by subsection (c); + and + (3) any other function related to the investigation + of violent crime or domestic terrorism that is + delegated to the Bureau by the Attorney General. + (c) Transfer of Authorities, Functions, Personnel, and +Assets to the Department of Justice.-- + (1) In general.--Subject to paragraph (2), but + notwithstanding any other provision of law, there are + transferred to the Department of Justice the + authorities, functions, personnel, and assets of the + Bureau of Alcohol, Tobacco and Firearms, which shall be + maintained as a distinct entity within the Department + of Justice, including the related functions of the + Secretary of the Treasury. + (2) Administration and revenue collection + functions.--There shall be retained within the + Department of the Treasury the authorities, functions, + personnel, and assets of the Bureau of Alcohol, Tobacco + and Firearms relating to the administration and + enforcement of chapters 51 and 52 of the Internal + Revenue Code of 1986, sections 4181 and 4182 of the + Internal Revenue Code of 1986, and title 27, United + States Code. + (3) Building prospectus.--Prospectus PDC-98W10, + giving the General Services Administration the + authority for site acquisition, design, and + construction of a new headquarters building for the + Bureau of Alcohol, Tobacco and Firearms, is + transferred, and deemed to apply, to the Bureau of + Alcohol, Tobacco, Firearms, and Explosives established + in the Department of Justice under subsection (a). + (d) Tax and Trade Bureau.-- + (1) Establishment.--There is established within the + Department of the Treasury the Tax and Trade Bureau. + (2) Administrator.--The Tax and Trade Bureau shall + be headed by an Administrator, who shall perform such + duties as assigned by the Under Secretary for + Enforcement of the Department of the Treasury. The + Administrator shall occupy a career-reserved position + within the Senior Executive Service. + (3) Responsibilities.--The authorities, functions, + personnel, and assets of the Bureau of Alcohol, Tobacco + and Firearms that are not transferred to the Department + of Justice under this section shall be retained and + administered by the Tax and Trade Bureau. + + * * * * * * * + + +SEC. 1114. [6 U.S.C. 532] EXPLOSIVES TRAINING AND RESEARCH FACILITY. + + (a) Establishment.--There is established within the Bureau +an Explosives Training and Research Facility at Fort AP Hill, +Fredericksburg, Virginia. + (b) Purpose.--The facility established under subsection (a) +shall be utilized to train Federal, State, and local law +enforcement officers to-- + (1) investigate bombings and explosions; + (2) properly handle, utilize, and dispose of + explosive materials and devices; + (3) train canines on explosive detection; and + (4) conduct research on explosives. + (c) Authorization of Appropriations.-- + (1) In general.--There are authorized to be + appropriated such sums as may be necessary to establish + and maintain the facility established under subsection + (a). + (2) Availability of funds.--Any amounts + appropriated pursuant to paragraph (1) shall remain + available until expended. + +SEC. 1115. [6 U.S.C. 533] PERSONNEL MANAGEMENT DEMONSTRATION PROJECT. + + Notwithstanding any other provision of law, the Personnel +Management Demonstration Project established under section 102 +of title I of division C of the Omnibus Consolidated and +Emergency Supplemental Appropriations Act for Fiscal Year 1999 +(Public Law 105-277; 122 Stat. 2681-585) shall be transferred +to the Attorney General of the United States for continued use +by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, +Department of Justice, and the Secretary of the Treasury for +continued use by the Tax and Trade Bureau. + + Subtitle C--Explosives + +SEC. 1121. [18 U.S.C. 841 NOTE] SHORT TITLE. + + This subtitle may be referred to as the ``Safe Explosives +Act''. + +SEC. 1122. PERMITS FOR PURCHASERS OF EXPLOSIVES. + + (a) * * * + + * * * * * * * + + (i) [18 U.S.C. 843 note] Effective Date.-- + (1) In general.--The amendments made by this + section shall take effect 180 days after the date of + enactment of this Act. + (2) Exception.--Notwithstanding any provision of + this Act, a license or permit issued under section 843 + of title 18, United States Code, before the date of + enactment of this Act, shall remain valid until that + license or permit is revoked under section 843(d) or + expires, or until a timely application for renewal is + acted upon. + + * * * * * * * + + +SEC. 1128. AUTHORIZATION OF APPROPRIATIONS. + + There is authorized to be appropriated such sums as +necessary to carry out this subtitle and the amendments made by +this subtitle. + +TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION + + * * * * * * * + + +SEC. 1204. REPORT. + + Not later than 90 days after the date of enactment of this +Act, the Secretary shall transmit to the Committee on Commerce, +Science, and Transportation of the Senate and the Committee on +Transportation and Infrastructure of the House of +Representatives a report that-- + (A) evaluates the availability and cost of + commercial war risk insurance for air carriers + and other aviation entities for passengers and + third parties; + (B) analyzes the economic effect upon air + carriers and other aviation entities of + available commercial war risk insurance; and + (C) describes the manner in which the + Department could provide an alternative means + of providing aviation war risk reinsurance + covering passengers, crew, and third parties + through use of a risk-retention group or by + other means. + + TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT + + Subtitle A--Chief Human Capital Officers + +SEC. 1301. [5 U.S.C. 101 NOTE] SHORT TITLE. + + This title may be cited as the ``Chief Human Capital +Officers Act of 2002''. + + * * * * * * * + + +SEC. 1303. [5 U.S.C. 1401 NOTE] CHIEF HUMAN CAPITAL OFFICERS COUNCIL. + + (a) Establishment.--There is established a Chief Human +Capital Officers Council, consisting of-- + (1) the Director of the Office of Personnel + Management, who shall act as chairperson of the + Council; + (2) the Deputy Director for Management of the + Office of Management and Budget, who shall act as vice + chairperson of the Council; and + (3) the Chief Human Capital Officers of Executive + departments and any other members who are designated by + the Director of the Office of Personnel Management. + (b) Functions.--The Chief Human Capital Officers Council +shall meet periodically to advise and coordinate the activities +of the agencies of its members on such matters as modernization +of human resources systems, improved quality of human resources +information, and legislation affecting human resources +operations and organizations. + (c) Employee Labor Organizations at Meetings.--The Chief +Human Capital Officers Council shall ensure that +representatives of Federal employee labor organizations are +present at a minimum of 1 meeting of the Council each year. +Such representatives shall not be members of the Council. + (d) Annual Report.--Each year the Chief Human Capital +Officers Council shall submit a report to Congress on the +activities of the Council. + + * * * * * * * + + +SEC. 1305. [5 U.S.C. 1103 NOTE] EFFECTIVE DATE. + + This subtitle shall take effect 180 days after the date of +enactment of this Act. + +Subtitle B--Reforms Relating to Federal Human Capital Management + + * * * * * * * + + +SEC. 1313. PERMANENT EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES + FOR USE OF VOLUNTARY SEPARATION INCENTIVE PAY AND + VOLUNTARY EARLY RETIREMENT. + + (a) Voluntary Separation Incentive Payments.-- + (1) * * * + + * * * * * * * + + (2) [5 U.S.C. 3521 note] Administrative office of + the united states courts.--The Director of the + Administrative Office of the United States Courts may, + by regulation, establish a program substantially + similar to the program established under paragraph (1) + for individuals serving in the judicial branch. + (3) [5 U.S.C. 3521 note] Continuation of other + authority.--Any agency exercising any voluntary + separation incentive authority in effect on the + effective date of this subsection may continue to offer + voluntary separation incentives consistent with that + authority until that authority expires. + (4) [5 U.S.C. 3521 note] Effective date.--This + subsection shall take effect 60 days after the date of + enactment of this Act. + + * * * * * * * + + (b) Federal Employee Voluntary Early Retirement.-- + (1) * * * + + * * * * * * * + + (3) [5 U.S.C. 8336 note] General accounting office + authority.--The amendments made by this subsection + shall not be construed to affect the authority under + section 1 of Public Law 106-303 (5 U.S.C. 8336 note; + 114 State. 1063). + + * * * * * * * + + (5) [5 U.S.C. 8336 note] Regulations.--The Office + of Personnel Management may prescribe regulations to + carry out this subsection. + (c) [5 U.S.C. 3521 note] Sense of Congress.--It is the +sense of Congress that the implementation of this section is +intended to reshape the Federal workforce and not downsize the +Federal workforce. + + * * * * * * * + + +Subtitle C--Reforms Relating to the Senior Executive Service + + * * * * * * * + + +SEC. 1321. REPEAL OF RECERTIFICATION REQUIREMENTS OF SENIOR EXECUTIVES. + + (a) * * * + + * * * * * * * + + (b) [5 U.S.C. 3592 note] Savings Provision.-- +Notwithstanding the amendments made by subsection (a)(2)(A), an +appeal under the final sentence of section 3592(a) of title 5, +United States Code, that is pending on the day before the +effective date of this section-- + (1) shall not abate by reason of the enactment of + the amendments made by subsection (a)(2)(A); and + (2) shall continue as if such amendments had not + been enacted. + (c) [5 U.S.C. 3593 note] Application.--The amendment made +by subsection (a)(2)(B) shall not apply with respect to an +individual who, before the effective date of this section, +leaves the Senior Executive Service for failure to be +recertified as a senior executive under section 3393a of title +5, United States Code. + + * * * * * * * + + +Subtitle D--Academic Training + + * * * * * * * + + +SEC. 1332. MODIFICATIONS TO NATIONAL SECURITY EDUCATION PROGRAM. + + (a) [5 U.S.C. 3301 note] Findings and Policies.-- + (1) Findings.--Congress finds that-- + (A) the United States Government actively + encourages and financially supports the + training, education, and development of many + United States citizens; + (B) as a condition of some of those + supports, many of those citizens have an + obligation to seek either compensated or + uncompensated employment in the Federal sector; + and + (C) it is in the United States national + interest to maximize the return to the Nation + of funds invested in the development of such + citizens by seeking to employ them in the + Federal sector. + (2) Policy.--It shall be the policy of the United + States Government to-- + (A) establish procedures for ensuring that + United States citizens who have incurred + service obligations as the result of receiving + financial support for education and training + from the United States Government and have + applied for Federal positions are considered in + all recruitment and hiring initiatives of + Federal departments, bureaus, agencies, and + offices; and + (B) advertise and open all Federal + positions to United States citizens who have + incurred service obligations with the United + States Government as the result of receiving + financial support for education and training + from the United States Government. + + * * * * * * * + + + TITLE XIV--ARMING PILOTS AGAINST TERRORISM + +SEC. 1401. [49 U.S.C. 40101 NOTE] SHORT TITLE. + + This title may be cited as the ``Arming Pilots Against +Terrorism Act''. + +SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM. + + (a) * * * + + * * * * * * * + + (c) [6 U.S.C. 513] Federal Air Marshal Program.-- + (1) Sense of congress.--It is the sense of Congress + that the Federal air marshal program is critical to + aviation security. + (2) Limitation on statutory construction.--Nothing + in this Act, including any amendment made by this Act, + shall be construed as preventing the Under Secretary of + Transportation for Security from implementing and + training Federal air marshals. + +SEC. 1403. CREW TRAINING. + + (a) * * * + + * * * * * * * + + (c) Benefits and Risks of Providing Flight Attendants With +Nonlethal Weapons.-- + (1) Study.--The Under Secretary of Transportation + for Security shall conduct a study to evaluate the + benefits and risks of providing flight attendants with + nonlethal weapons to aide in combating air piracy and + criminal violence on commercial airlines. + (2) Report.--Not later than 6 months after the date + of enactment of this Act, the Under Secretary shall + transmit to Congress a report on the results of the + study. + +SEC. 1404. COMMERCIAL AIRLINE SECURITY STUDY. + + (a) Study.--The Secretary of Transportation shall conduct a +study of the following: + (1) The number of armed Federal law enforcement + officers (other than Federal air marshals), who travel + on commercial airliners annually and the frequency of + their travel. + (2) The cost and resources necessary to provide + such officers with supplemental training in aircraft + anti-terrorism training that is comparable to the + training that Federal air marshals are provided. + (3) The cost of establishing a program at a Federal + law enforcement training center for the purpose of + providing new Federal law enforcement recruits with + standardized training comparable to the training that + Federal air marshals are provided. + (4) The feasibility of implementing a certification + program designed for the purpose of ensuring Federal + law enforcement officers have completed the training + described in paragraph (2) and track their travel over + a 6-month period. + (5) The feasibility of staggering the flights of + such officers to ensure the maximum amount of flights + have a certified trained Federal officer on board. + (b) Report.--Not later than 6 months after the date of +enactment of this Act, the Secretary shall transmit to Congress +a report on the results of the study. The report may be +submitted in classified and redacted form. + + * * * * * * * + + + TITLE XV--TRANSITION + + Subtitle A--Reorganization Plan + +SEC. 1501. [6 U.S.C. 541] DEFINITIONS. + + For purposes of this title: + (1) The term ``agency'' includes any entity, + organizational unit, program, or function. + (2) The term ``transition period'' means the 12- + month period beginning on the effective date of this + Act. + +SEC. 1502. [6 U.S.C. 542] REORGANIZATION PLAN. + + (a) Submission of Plan.--Not later than 60 days after the +date of the enactment of this Act, the President shall transmit +to the appropriate congressional committees a reorganization +plan regarding the following: + (1) The transfer of agencies, personnel, assets, + and obligations to the Department pursuant to this Act. + (2) Any consolidation, reorganization, or + streamlining of agencies transferred to the Department + pursuant to this Act. + (b) Plan Elements.--The plan transmitted under subsection +(a) shall contain, consistent with this Act, such elements as +the President deems appropriate, including the following: + (1) Identification of any functions of agencies + transferred to the Department pursuant to this Act that + will not be transferred to the Department under the + plan. + (2) Specification of the steps to be taken by the + Secretary to organize the Department, including the + delegation or assignment of functions transferred to + the Department among officers of the Department in + order to permit the Department to carry out the + functions transferred under the plan. + (3) Specification of the funds available to each + agency that will be transferred to the Department as a + result of transfers under the plan. + (4) Specification of the proposed allocations + within the Department of unexpended funds transferred + in connection with transfers under the plan. + (5) Specification of any proposed disposition of + property, facilities, contracts, records, and other + assets and obligations of agencies transferred under + the plan. + (6) Specification of the proposed allocations + within the Department of the functions of the agencies + and subdivisions that are not related directly to + securing the homeland. + (c) Modification of Plan.--The President may, on the basis +of consultations with the appropriate congressional committees, +modify or revise any part of the plan until that part of the +plan becomes effective in accordance with subsection (d). + (d) Effective Date.-- + (1) In general.--The reorganization plan described + in this section, including any modifications or + revisions of the plan under subsection (d), shall + become effective for an agency on the earlier of-- + (A) the date specified in the plan (or the + plan as modified pursuant to subsection (d)), + except that such date may not be earlier than + 90 days after the date the President has + transmitted the reorganization plan to the + appropriate congressional committees pursuant + to subsection (a); or + (B) the end of the transition period. + (2) Statutory construction.--Nothing in this + subsection may be construed to require the transfer of + functions, personnel, records, balances of + appropriations, or other assets of an agency on a + single date. + (3) Supersedes existing law.--Paragraph (1) shall + apply notwithstanding section 905(b) of title 5, United + States Code. + +SEC. 1503. [6 U.S.C. 543] REVIEW OF CONGRESSIONAL COMMITTEE STRUCTURES. + + It is the sense of Congress that each House of Congress +should review its committee structure in light of the +reorganization of responsibilities within the executive branch +by the establishment of the Department. + + Subtitle B--Transitional Provisions + +SEC. 1511. [6 U.S.C. 551] TRANSITIONAL AUTHORITIES. + + (a) Provision of Assistance by Officials.--Until the +transfer of an agency to the Department, any official having +authority over or functions relating to the agency immediately +before the effective date of this Act shall provide to the +Secretary such assistance, including the use of personnel and +assets, as the Secretary may request in preparing for the +transfer and integration of the agency into the Department. + (b) Services and Personnel.--During the transition period, +upon the request of the Secretary, the head of any executive +agency may, on a reimbursable basis, provide services or detail +personnel to assist with the transition. + (c) Acting Officials.--(1) During the transition period, +pending the advice and consent of the Senate to the appointment +of an officer required by this Act to be appointed by and with +such advice and consent, the President may designate any +officer whose appointment was required to be made by and with +such advice and consent and who was such an officer immediately +before the effective date of this Act (and who continues in +office) or immediately before such designation, to act in such +office until the same is filled as provided in this Act. While +so acting, such officers shall receive compensation at the +higher of-- + (A) the rates provided by this Act for the + respective offices in which they act; or + (B) the rates provided for the offices held at the + time of designation. + (2) Nothing in this Act shall be understood to require the +advice and consent of the Senate to the appointment by the +President to a position in the Department of any officer whose +agency is transferred to the Department pursuant to this Act +and whose duties following such transfer are germane to those +performed before such transfer. + (d) Transfer of Personnel, Assets, Obligations, and +Functions.--Upon the transfer of an agency to the Department-- + (1) the personnel, assets, and obligations held by + or available in connection with the agency shall be + transferred to the Secretary for appropriate + allocation, subject to the approval of the Director of + the Office of Management and Budget and in accordance + with the provisions of section 1531(a)(2) of title 31, + United States Code; and + (2) the Secretary shall have all functions relating + to the agency that any other official could by law + exercise in relation to the agency immediately before + such transfer, and shall have in addition all functions + vested in the Secretary by this Act or other law. + (e) Prohibition on Use of Transportation Trust Funds.-- + (1) In general.--Notwithstanding any other + provision of this Act, no funds derived from the + Highway Trust Fund, Airport and Airway Trust Fund, + Inland Waterway Trust Fund, or Harbor Maintenance Trust + Fund, may be transferred to, made available to, or + obligated by the Secretary or any other official in the + Department. + (2) Limitation.--This subsection shall not apply to + security-related funds provided to the Federal Aviation + Administration for fiscal years preceding fiscal year + 2003 for (A) operations, (B) facilities and equipment, + or (C) research, engineering, and development, and to + any funds provided to the Coast Guard from the Sport + Fish Restoration and Boating Trust Fund for boating + safety programs. + +SEC. 1512. [6 U.S.C. 552] SAVINGS PROVISIONS. + + (a) Completed Administrative Actions.--(1) Completed +administrative actions of an agency shall not be affected by +the enactment of this Act or the transfer of such agency to the +Department, but shall continue in effect according to their +terms until amended, modified, superseded, terminated, set +aside, or revoked in accordance with law by an officer of the +United States or a court of competent jurisdiction, or by +operation of law. + (2) For purposes of paragraph (1), the term ``completed +administrative action'' includes orders, determinations, rules, +regulations, personnel actions, permits, agreements, grants, +contracts, certificates, licenses, registrations, and +privileges. + (b) Pending Proceedings.--Subject to the authority of the +Secretary under this Act-- + (1) pending proceedings in an agency, including + notices of proposed rulemaking, and applications for + licenses, permits, certificates, grants, and financial + assistance, shall continue notwithstanding the + enactment of this Act or the transfer of the agency to + the Department, unless discontinued or modified under + the same terms and conditions and to the same extent + that such discontinuance could have occurred if such + enactment or transfer had not occurred; and + (2) orders issued in such proceedings, and appeals + therefrom, and payments made pursuant to such orders, + shall issue in the same manner and on the same terms as + if this Act had not been enacted or the agency had not + been transferred, and any such orders shall continue in + effect until amended, modified, superseded, terminated, + set aside, or revoked by an officer of the United + States or a court of competent jurisdiction, or by + operation of law. + (c) Pending Civil Actions.--Subject to the authority of the +Secretary under this Act, pending civil actions shall continue +notwithstanding the enactment of this Act or the transfer of an +agency to the Department, and in such civil actions, +proceedings shall be had, appeals taken, and judgments rendered +and enforced in the same manner and with the same effect as if +such enactment or transfer had not occurred. + (d) References.--References relating to an agency that is +transferred to the Department in statutes, Executive orders, +rules, regulations, directives, or delegations of authority +that precede such transfer or the effective date of this Act +shall be deemed to refer, as appropriate, to the Department, to +its officers, employees, or agents, or to its corresponding +organizational units or functions. Statutory reporting +requirements that applied in relation to such an agency +immediately before the effective date of this Act shall +continue to apply following such transfer if they refer to the +agency by name. + (e) Employment Provisions.--(1) Notwithstanding the +generality of the foregoing (including subsections (a) and +(d)), in and for the Department the Secretary may, in +regulations prescribed jointly with the Director of the Office +of Personnel Management, adopt the rules, procedures, terms, +and conditions, established by statute, rule, or regulation +before the effective date of this Act, relating to employment +in any agency transferred to the Department pursuant to this +Act; and + (2) except as otherwise provided in this Act, or under +authority granted by this Act, the transfer pursuant to this +Act of personnel shall not alter the terms and conditions of +employment, including compensation, of any employee so +transferred. + (f) Statutory Reporting Requirements.--Any statutory +reporting requirement that applied to an agency, transferred to +the Department under this Act, immediately before the effective +date of this Act shall continue to apply following that +transfer if the statutory requirement refers to the agency by +name. + +SEC. 1513. [6 U.S.C. 553] TERMINATIONS. + + Except as otherwise provided in this Act, whenever all the +functions vested by law in any agency have been transferred +pursuant to this Act, each position and office the incumbent of +which was authorized to receive compensation at the rates +prescribed for an office or position at level II, III, IV, or +V, of the Executive Schedule, shall terminate. + +SEC. 1514. [6 U.S.C. 554] NATIONAL IDENTIFICATION SYSTEM NOT + AUTHORIZED. + + Nothing in this Act shall be construed to authorize the +development of a national identification system or card. + +SEC. 1515. [6 U.S.C. 555] CONTINUITY OF INSPECTOR GENERAL OVERSIGHT. + + Notwithstanding the transfer of an agency to the Department +pursuant to this Act, the Inspector General that exercised +oversight of such agency prior to such transfer shall continue +to exercise oversight of such agency during the period of time, +if any, between the transfer of such agency to the Department +pursuant to this Act and the appointment of the Inspector +General of the Department of Homeland Security in accordance +with section 103(b). + +SEC. 1516. [6 U.S.C. 556] INCIDENTAL TRANSFERS. + + The Director of the Office of Management and Budget, in +consultation with the Secretary, is authorized and directed to +make such additional incidental dispositions of personnel, +assets, and liabilities held, used, arising from, available, or +to be made available, in connection with the functions +transferred by this Act, as the Director may determine +necessary to accomplish the purposes of this Act. + +SEC. 1517. [6 U.S.C. 557] REFERENCE. + + With respect to any function transferred by or under this +Act (including under a reorganization plan that becomes +effective under section 1502) and exercised on or after the +effective date of this Act, reference in any other Federal law +to any department, commission, or agency or any officer or +office the functions of which are so transferred shall be +deemed to refer to the Secretary, other official, or component +of the Department to which such function is so transferred. + + * * * * * * * + + +TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS + + * * * * * * * + + +SEC. 1702. EXECUTIVE SCHEDULE. + + (a) * * * + + * * * * * * * + + (b) [5 U.S.C. 5315 note] Special Effective Date.-- +Notwithstanding section 4, the amendment made by subsection +(a)(5) shall take effect on the date on which the transfer of +functions specified under section 441 takes effect. + +SEC. 1703. UNITED STATES SECRET SERVICE. + + (a) * * * + (b) [3 U.S.C. 202 note] Effective Date.--The amendments +made by this section shall take effect on the date of transfer +of the United States Secret Service to the Department. + +SEC. 1704. COAST GUARD. + + (a) * * * + + * * * * * * * + + (g) [10 U.S.C. 101 note] Effective Date.--The amendments +made by this section (other than subsection (f)) shall take +effect on the date of transfer of the Coast Guard to the +Department. + +SEC. 1705. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE + DEVELOPMENT. + + (a) * * * + + * * * * * * * + + (b) [42 U.S.C. 247d-6b note] Effective Date.--The +amendments made by this section shall take effect on the date +of transfer of the Strategic National Stockpile of the +Department of Health and Human Services to the Department. + +SEC. 1706. TRANSFER OF CERTAIN SECURITY AND LAW ENFORCEMENT FUNCTIONS + AND AUTHORITIES. + + (a) * * * + + * * * * * * * + + (2) [40 U.S.C. 1315 note] Delegation of + authority.--The Secretary may delegate authority for + the protection of specific buildings to another Federal + agency where, in the Secretary's discretion, the + Secretary determines it necessary for the protection of + that building. + + * * * * * * * + + +SEC. 1708. [50 U.S.C. 1522 NOTE] NATIONAL BIO-WEAPONS DEFENSE ANALYSIS + CENTER. + + There is established in the Department of Defense a +National Bio-Weapons Defense Analysis Center, whose mission is +to develop countermeasures to potential attacks by terrorists +using weapons of mass destruction. + + * * * * * * * + + Sec. 1714. [6 U.S.C. 103] Notwithstanding any other +provision of this Act, any report, notification, or +consultation addressing directly or indirectly the use of +appropriated funds and stipulated by this Act to be submitted +to, or held with, the Congress or any Congressional committee +shall also be submitted to, or held with, the Committees on +Appropriations of the Senate and the House of Representatives +under the same conditions and with the same restrictions as +stipulated by this Act. + + TITLE XVIII--EMERGENCY COMMUNICATIONS + +SEC. 1801. [6 U.S.C. 571] OFFICE OF EMERGENCY COMMUNICATIONS. + + (a) In General.--There is established in the Department an +Office of Emergency Communications. + (b) Director.--The head of the office shall be the Director +for Emergency Communications. The Director shall report to the +Assistant Secretary for Cybersecurity and Communications. + (c) Responsibilities.--The Director for Emergency +Communications shall-- + (1) assist the Secretary in developing and + implementing the program described in section + 7303(a)(1) of the Intelligence Reform and Terrorism + Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except as + provided in section 314; + (2) administer the Department's responsibilities + and authorities relating to the SAFECOM Program, + excluding elements related to research, development, + testing, and evaluation and standards; + (3) administer the Department's responsibilities + and authorities relating to the Integrated Wireless + Network program; + (4) conduct extensive, nationwide outreach to + support and promote the ability of emergency response + providers and relevant government officials to continue + to communicate in the event of natural disasters, acts + of terrorism, and other man-made disasters; + (5) conduct extensive, nationwide outreach and + foster the development of interoperable emergency + communications capabilities by State, regional, local, + and tribal governments and public safety agencies, and + by regional consortia thereof; + (6) provide technical assistance to State, + regional, local, and tribal government officials with + respect to use of interoperable emergency + communications capabilities; + (7) coordinate with the Regional Administrators + regarding the activities of Regional Emergency + Communications Coordination Working Groups under + section 1805; + (8) promote the development of standard operating + procedures and best practices with respect to use of + interoperable emergency communications capabilities for + incident response, and facilitate the sharing of + information on such best practices for achieving, + maintaining, and enhancing interoperable emergency + communications capabilities for such response; + (9) coordinate, in cooperation with the National + Communications System, the establishment of a national + response capability with initial and ongoing planning, + implementation, and training for the deployment of + communications equipment for relevant State, local, and + tribal governments and emergency response providers in + the event of a catastrophic loss of local and regional + emergency communications services; + (10) assist the President, the National Security + Council, the Homeland Security Council, and the + Director of the Office of Management and Budget in + ensuring the continued operation of the + telecommunications functions and responsibilities of + the Federal Government, excluding spectrum management; + (11) establish, in coordination with the Director + of the Office for Interoperability and Compatibility, + requirements for interoperable emergency communications + capabilities, which shall be nonproprietary where + standards for such capabilities exist, for all public + safety radio and data communications systems and + equipment purchased using homeland security assistance + administered by the Department, excluding any alert and + warning device, technology, or system; + (12) review, in consultation with the Assistant + Secretary for Grants and Training, all interoperable + emergency communications plans of Federal, State, + local, and tribal governments, including Statewide and + tactical interoperability plans, developed pursuant to + homeland security assistance administered by the + Department, but excluding spectrum allocation and + management related to such plans; + (13) develop and update periodically, as + appropriate, a National Emergency Communications Plan + under section 1802; + (14) perform such other duties of the Department + necessary to support and promote the ability of + emergency response providers and relevant government + officials to continue to communicate in the event of + natural disasters, acts of terrorism, and other man- + made disasters; and + (15) perform other duties of the Department + necessary to achieve the goal of and maintain and + enhance interoperable emergency communications + capabilities. + (d) Performance of Previously Transferred Functions.--The +Secretary shall transfer to, and administer through, the +Director for Emergency Communications the following programs +and responsibilities: + (1) The SAFECOM Program, excluding elements related + to research, development, testing, and evaluation and + standards. + (2) The responsibilities of the Chief Information + Officer related to the implementation of the Integrated + Wireless Network. + (3) The Interoperable Communications Technical + Assistance Program. + (e) Coordination.--The Director for Emergency +Communications shall coordinate-- + (1) as appropriate, with the Director of the Office + for Interoperability and Compatibility with respect to + the responsibilities described in section 314; and + (2) with the Administrator of the Federal Emergency + Management Agency with respect to the responsibilities + described in this title. + (f) Sufficiency of Resources Plan.-- + (1) Report.--Not later than 120 days after the date + of enactment of this section, the Secretary shall + submit to Congress a report on the resources and staff + necessary to carry out fully the responsibilities under + this title. + (2) Comptroller general review.--The Comptroller + General shall review the validity of the report + submitted by the Secretary under paragraph (1). Not + later than 60 days after the date on which such report + is submitted, the Comptroller General shall submit to + Congress a report containing the findings of such + review. + +SEC. 1802. [6 U.S.C. 572] NATIONAL EMERGENCY COMMUNICATIONS PLAN. + + (a) In General.--The Secretary, acting through the Director +for Emergency Communications, and in cooperation with the +Department of National Communications System (as appropriate), +shall, in cooperation with State, local, and tribal +governments, Federal departments and agencies, emergency +response providers, and the private sector, develop not later +than 180 days after the completion of the baseline assessment +under section 1803, and periodically update, a National +Emergency Communications Plan to provide recommendations +regarding how the United States should-- + (1) support and promote the ability of emergency + response providers and relevant government officials to + continue to communicate in the event of natural + disasters, acts of terrorism, and other man-made + disasters; and + (2) ensure, accelerate, and attain interoperable + emergency communications nationwide. + (b) Coordination.--The Emergency Communications +Preparedness Center under section 1806 shall coordinate the +development of the Federal aspects of the National Emergency +Communications Plan. + (c) Contents.--The National Emergency Communications Plan +shall-- + (1) include recommendations developed in + consultation with the Federal Communications Commission + and the National Institute of Standards and Technology + for a process for expediting national voluntary + consensus standards for emergency communications + equipment for the purchase and use by public safety + agencies of interoperable emergency communications + equipment and technologies; + (2) identify the appropriate capabilities necessary + for emergency response providers and relevant + government officials to continue to communicate in the + event of natural disasters, acts of terrorism, and + other man-made disasters; + (3) identify the appropriate interoperable + emergency communications capabilities necessary for + Federal, State, local, and tribal governments in the + event of natural disasters, acts of terrorism, and + other man-made disasters; + (4) recommend both short-term and long-term + solutions for ensuring that emergency response + providers and relevant government officials can + continue to communicate in the event of natural + disasters, acts of terrorism, and other man-made + disasters; + (5) recommend both short-term and long-term + solutions for deploying interoperable emergency + communications systems for Federal, State, local, and + tribal governments throughout the Nation, including + through the provision of existing and emerging + technologies; + (6) identify how Federal departments and agencies + that respond to natural disasters, acts of terrorism, + and other man-made disasters can work effectively with + State, local, and tribal governments, in all States, + and with other entities; + (7) identify obstacles to deploying interoperable + emergency communications capabilities nationwide and + recommend short-term and long-term measures to overcome + those obstacles, including recommendations for + multijurisdictional coordination among Federal, State, + local, and tribal governments; + (8) recommend goals and timeframes for the + deployment of emergency, command-level communications + systems based on new and existing equipment across the + United States and develop a timetable for the + deployment of interoperable emergency communications + systems nationwide; + (9) recommend appropriate measures that emergency + response providers should employ to ensure the + continued operation of relevant governmental + communications infrastructure in the event of natural + disasters, acts of terrorism, or other man-made + disasters; and + (10) set a date, including interim benchmarks, as + appropriate, by which State, local, and tribal + governments, Federal departments and agencies, and + emergency response providers expect to achieve a + baseline level of national interoperable + communications, as that term is defined under section + 7303(g)(1) of the Intelligence Reform and Terrorism + Prevention Act of 2004 (6 U.S.C. 194(g)(1)). + +SEC. 1803. [6 U.S.C. 573] ASSESSMENTS AND REPORTS. + + (a) Baseline Assessment.--Not later than 1 year after the +date of enactment of this section and not less than every 5 +years thereafter, the Secretary, acting through the Director +for Emergency Communications, shall conduct an assessment of +Federal, State, local, and tribal governments that-- + (1) defines the range of capabilities needed by + emergency response providers and relevant government + officials to continue to communicate in the event of + natural disasters, acts of terrorism, and other man- + made disasters; + (2) defines the range of interoperable emergency + communications capabilities needed for specific events; + (3) assesses the current available capabilities to + meet such communications needs; + (4) identifies the gap between such current + capabilities and defined requirements; and + (5) includes a national interoperable emergency + communications inventory to be completed by the + Secretary of Homeland Security, the Secretary of + Commerce, and the Chairman of the Federal + Communications Commission that-- + (A) identifies for each Federal department + and agency-- + (i) the channels and frequencies + used; + (ii) the nomenclature used to refer + to each channel or frequency used; and + (iii) the types of communications + systems and equipment used; and + (B) identifies the interoperable emergency + communications systems in use by public safety + agencies in the United States. + (b) Classified Annex.--The baseline assessment under this +section may include a classified annex including information +provided under subsection (a)(5)(A). + (c) Savings Clause.--In conducting the baseline assessment +under this section, the Secretary may incorporate findings from +assessments conducted before, or ongoing on, the date of +enactment of this title. + (d) Progress Reports.--Not later than one year after the +date of enactment of this section and biennially thereafter, +the Secretary, acting through the Director for Emergency +Communications, shall submit to Congress a report on the +progress of the Department in achieving the goals of, and +carrying out its responsibilities under, this title, +including-- + (1) a description of the findings of the most + recent baseline assessment conducted under subsection + (a); + (2) a determination of the degree to which + interoperable emergency communications capabilities + have been attained to date and the gaps that remain for + interoperability to be achieved; + (3) an evaluation of the ability to continue to + communicate and to provide and maintain interoperable + emergency communications by emergency managers, + emergency response providers, and relevant government + officials in the event of-- + (A) natural disasters, acts of terrorism, + or other man-made disasters, including + Incidents of National Significance declared by + the Secretary under the National Response Plan; + and + (B) a catastrophic loss of local and + regional communications services; + (4) a list of best practices relating to the + ability to continue to communicate and to provide and + maintain interoperable emergency communications in the + event of natural disasters, acts of terrorism, or other + man-made disasters; and + (A) an evaluation of the feasibility and + desirability of the Department developing, on + its own or in conjunction with the Department + of Defense, a mobile communications capability, + modeled on the Army Signal Corps, that could be + deployed to support emergency communications at + the site of natural disasters, acts of + terrorism, or other man-made disasters. + +SEC. 1804. [6 U.S.C. 574] COORDINATION OF DEPARTMENT EMERGENCY + COMMUNICATIONS GRANT PROGRAMS. + + (a) Coordination of Grants and Standards Programs.--The +Secretary, acting through the Director for Emergency +Communications, shall ensure that grant guidelines for the use +of homeland security assistance administered by the Department +relating to interoperable emergency communications are +coordinated and consistent with the goals and recommendations +in the National Emergency Communications Plan under section +1802. + (b) Denial of Eligibility for Grants.-- + (1) In general.--The Secretary, acting through the + Assistant Secretary for Grants and Planning, and in + consultation with the Director for Emergency + Communications, may prohibit any State, local, or + tribal government from using homeland security + assistance administered by the Department to achieve, + maintain, or enhance emergency communications + capabilities, if-- + (A) such government has not complied with + the requirement to submit a Statewide + Interoperable Communications Plan as required + by section 7303(f) of the Intelligence Reform + and Terrorism Prevention Act of 2004 (6 U.S.C. + 194(f)); + (B) such government has proposed to upgrade + or purchase new equipment or systems that do + not meet or exceed any applicable national + voluntary consensus standards and has not + provided a reasonable explanation of why such + equipment or systems will serve the needs of + the applicant better than equipment or systems + that meet or exceed such standards; and + (C) as of the date that is 3 years after + the date of the completion of the initial + National Emergency Communications Plan under + section 1802, national voluntary consensus + standards for interoperable emergency + communications capabilities have not been + developed and promulgated. + (2) Standards.--The Secretary, in coordination with + the Federal Communications Commission, the National + Institute of Standards and Technology, and other + Federal departments and agencies with responsibility + for standards, shall support the development, + promulgation, and updating as necessary of national + voluntary consensus standards for interoperable + emergency communications. + +SEC. 1805. [6 U.S.C. 575] REGIONAL EMERGENCY COMMUNICATIONS + COORDINATION. + + (a) In General.--There is established in each Regional +Office a Regional Emergency Communications Coordination Working +Group (in this section referred to as an ``RECC Working +Group''). Each RECC Working Group shall report to the relevant +Regional Administrator and coordinate its activities with the +relevant Regional Advisory Council. + (b) Membership.--Each RECC Working Group shall consist of +the following: + (1) Non-federal.--Organizations representing the + interests of the following: + (A) State officials. + (B) Local government officials, including + sheriffs. + (C) State police departments. + (D) Local police departments. + (E) Local fire departments. + (F) Public safety answering points (9-1-1 + services). + (G) State emergency managers, homeland + security directors, or representatives of State + Administrative Agencies. + (H) Local emergency managers or homeland + security directors. + (I) Other emergency response providers as + appropriate. + (2) Federal.--Representatives from the Department, + the Federal Communications Commission, and other + Federal departments and agencies with responsibility + for coordinating interoperable emergency communications + with or providing emergency support services to State, + local, and tribal governments. + (c) Coordination.--Each RECC Working Group shall coordinate +its activities with the following: + (1) Communications equipment manufacturers and + vendors (including broadband data service providers). + (2) Local exchange carriers. + (3) Local broadcast media. + (4) Wireless carriers. + (5) Satellite communications services. + (6) Cable operators. + (7) Hospitals. + (8) Public utility services. + (9) Emergency evacuation transit services. + (10) Ambulance services. + (11) HAM and amateur radio operators. + (12) Representatives from other private sector + entities and nongovernmental organizations as the + Regional Administrator determines appropriate. + (d) Duties.--The duties of each RECC Working Group shall +include-- + (1) assessing the survivability, sustainability, + and interoperability of local emergency communications + systems to meet the goals of the National Emergency + Communications Plan; + (2) reporting annually to the relevant Regional + Administrator, the Director for Emergency + Communications, the Chairman of the Federal + Communications Commission, and the Assistant Secretary + for Communications and Information of the Department of + Commerce on the status of its region in building robust + and sustainable interoperable voice and data emergency + communications networks and, not later than 60 days + after the completion of the initial National Emergency + Communications Plan under section 1802, on the progress + of the region in meeting the goals of such plan; + (3) ensuring a process for the coordination of + effective multijurisdictional, multi-agency emergency + communications networks for use during natural + disasters, acts of terrorism, and other man-made + disasters through the expanded use of emergency + management and public safety communications mutual aid + agreements; and + (4) coordinating the establishment of Federal, + State, local, and tribal support services and networks + designed to address the immediate and critical human + needs in responding to natural disasters, acts of + terrorism, and other man-made disasters. + +SEC. 1806. [6 U.S.C. 576] EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER. + + (a) Establishment.--There is established the Emergency +Communications Preparedness Center (in this section referred to +as the ``Center''). + (b) Operation.--The Secretary, the Chairman of the Federal +Communications Commission, the Secretary of Defense, the +Secretary of Commerce, the Attorney General of the United +States, and the heads of other Federal departments and agencies +or their designees shall jointly operate the Center in +accordance with the Memorandum of Understanding entitled, +``Emergency Communications Preparedness Center (ECPC) +Charter''. + (c) Functions.--The Center shall-- + (1) serve as the focal point for interagency + efforts and as a clearinghouse with respect to all + relevant intergovernmental information to support and + promote (including specifically by working to avoid + duplication, hindrances, and counteractive efforts + among the participating Federal departments and + agencies)-- + (A) the ability of emergency response + providers and relevant government officials to + continue to communicate in the event of natural + disasters, acts of terrorism, and other man- + made disasters; and + (B) interoperable emergency communications; + (2) prepare and submit to Congress, on an annual + basis, a strategic assessment regarding the + coordination efforts of Federal departments and + agencies to advance-- + (A) the ability of emergency response + providers and relevant government officials to + continue to communicate in the event of natural + disasters, acts of terrorism, and other man- + made disasters; and + (B) interoperable emergency communications; + (3) consider, in preparing the strategic assessment + under paragraph (2), the goals stated in the National + Emergency Communications Plan under section 1802; and + (4) perform such other functions as are provided in + the Emergency Communications Preparedness Center (ECPC) + Charter described in subsection (b)(1). + +SEC. 1807. [6 U.S.C. 577] URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS + CAPABILITIES. + + (a) In General.--The Secretary, in consultation with the +Chairman of the Federal Communications Commission and the +Secretary of Defense, and with appropriate State, local, and +tribal government officials, shall provide technical guidance, +training, and other assistance, as appropriate, to support the +rapid establishment of consistent, secure, and effective +interoperable emergency communications capabilities in the +event of an emergency in urban and other areas determined by +the Secretary to be at consistently high levels of risk from +natural disasters, acts of terrorism, and other man-made +disasters. + (b) Minimum Capabilities.--The interoperable emergency +communications capabilities established under subsection (a) +shall ensure the ability of all levels of government, emergency +response providers, the private sector, and other organizations +with emergency response capabilities-- + (1) to communicate with each other in the event of + an emergency; + (2) to have appropriate and timely access to the + Information Sharing Environment described in section + 1016 of the National Security Intelligence Reform Act + of 2004 (6 U.S.C. 321); and + (3) to be consistent with any applicable State or + Urban Area homeland strategy or plan. + +SEC. 1808. [6 U.S.C. 578] DEFINITION. + + In this title, the term ``interoperable'' has the meaning +given the term ``interoperable communications'' under section +7303(g)(1) of the Intelligence Reform and Terrorism Prevention +Act of 2004 (6 U.S.C. 194(g)(1)). + +SEC. 1809. [6 U.S.C. 579] INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT + PROGRAM. + + (a) Establishment.--The Secretary shall establish the +Interoperable Emergency Communications Grant Program to make +grants to States to carry out initiatives to improve local, +tribal, statewide, regional, national and, where appropriate, +international interoperable emergency communications, including +communications in collective response to natural disasters, +acts of terrorism, and other man-made disasters. + (b) Policy.--The Director for Emergency Communications +shall ensure that a grant awarded to a State under this section +is consistent with the policies established pursuant to the +responsibilities and authorities of the Office of Emergency +Communications under this title, including ensuring that +activities funded by the grant-- + (1) comply with the statewide plan for that State + required by section 7303(f) of the Intelligence Reform + and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); + and + (2) comply with the National Emergency + Communications Plan under section 1802, when completed. + (c) Administration.-- + (1) In general.--The Administrator of the Federal + Emergency Management Agency shall administer the + Interoperable Emergency Communications Grant Program + pursuant to the responsibilities and authorities of the + Administrator under title V of the Act. + (2) Guidance.--In administering the grant program, + the Administrator shall ensure that the use of grants + is consistent with guidance established by the Director + of Emergency Communications pursuant to section + 7303(a)(1)(H) of the Intelligence Reform and Terrorism + Prevention Act of 2004 (6 U.S.C. 194(a)(1)(H)). + (d) Use of Funds.--A State that receives a grant under this +section shall use the grant to implement that State's Statewide +Interoperability Plan required under section 7303(f) of the +Intelligence Reform and Terrorism Prevention Act of 2004 (6 +U.S.C. 194(f)) and approved under subsection (e), and to assist +with activities determined by the Secretary to be integral to +interoperable emergency communications. + (e) Approval of Plans.-- + (1) Approval as condition of grant.--Before a State + may receive a grant under this section, the Director of + Emergency Communications shall approve the State's + Statewide Interoperable Communications Plan required + under section 7303(f) of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)). + (2) Plan requirements.--In approving a plan under + this subsection, the Director of Emergency + Communications shall ensure that the plan-- + (A) is designed to improve interoperability + at the city, county, regional, State and + interstate level; + (B) considers any applicable local or + regional plan; and + (C) complies, to the maximum extent + practicable, with the National Emergency + Communications Plan under section 1802. + (3) Approval of revisions.--The Director of + Emergency Communications may approve revisions to a + State's plan if the Director determines that doing so + is likely to further interoperability. + (f) Limitations on Uses of Funds.-- + (1) In general.--The recipient of a grant under + this section may not use the grant-- + (A) to supplant State or local funds; + (B) for any State or local government cost- + sharing contribution; or + (C) for recreational or social purposes. + (2) Penalties.--In addition to other remedies + currently available, the Secretary may take such + actions as necessary to ensure that recipients of grant + funds are using the funds for the purpose for which + they were intended. + (g) Limitations on Award of Grants.-- + (1) National emergency communications plan + required.--The Secretary may not award a grant under + this section before the date on which the Secretary + completes and submits to Congress the National + Emergency Communications Plan required under section + 1802. + (2) Voluntary consensus standards.--The Secretary + may not award a grant to a State under this section for + the purchase of equipment that does not meet applicable + voluntary consensus standards, unless the State + demonstrates that there are compelling reasons for such + purchase. + (h) Award of Grants.--In approving applications and +awarding grants under this section, the Secretary shall +consider-- + (1) the risk posed to each State by natural + disasters, acts of terrorism, or other manmade + disasters, including-- + (A) the likely need of a jurisdiction + within the State to respond to such risk in + nearby jurisdictions; + (B) the degree of threat, vulnerability, + and consequences related to critical + infrastructure (from all critical + infrastructure sectors) or key resources + identified by the Administrator or the State + homeland security and emergency management + plans, including threats to, vulnerabilities + of, and consequences from damage to critical + infrastructure and key resources in nearby + jurisdictions; + (C) the size of the population and density + of the population of the State, including + appropriate consideration of military, tourist, + and commuter populations; + (D) whether the State is on or near an + international border; + (E) whether the State encompasses an + economically significant border crossing; and + (F) whether the State has a coastline + bordering an ocean, a major waterway used for + interstate commerce, or international waters; + and + (2) the anticipated effectiveness of the State's + proposed use of grant funds to improve + interoperability. + (i) Opportunity to Amend Applications.--In considering +applications for grants under this section, the Administrator +shall provide applicants with a reasonable opportunity to +correct defects in the application, if any, before making final +awards. + (j) Minimum Grant Amounts.-- + (1) States.--In awarding grants under this section, + the Secretary shall ensure that for each fiscal year, + except as provided in paragraph (2), no State receives + a grant in an amount that is less than the following + percentage of the total amount appropriated for grants + under this section for that fiscal year: + (A) For fiscal year 2008, 0.50 percent. + (B) For fiscal year 2009, 0.50 percent. + (C) For fiscal year 2010, 0.45 percent. + (D) For fiscal year 2011, 0.40 percent. + (E) For fiscal year 2012 and each + subsequent fiscal year, 0.35 percent. + (2) Territories and possessions.--In awarding + grants under this section, the Secretary shall ensure + that for each fiscal year, American Samoa, the + Commonwealth of the Northern Mariana Islands, Guam, and + the Virgin Islands each receive grants in amounts that + are not less than 0.08 percent of the total amount + appropriated for grants under this section for that + fiscal year. + (k) Certification.--Each State that receives a grant under +this section shall certify that the grant is used for the +purpose for which the funds were intended and in compliance +with the State's approved Statewide Interoperable +Communications Plan. + (l) State Responsibilities.-- + (1) Availability of funds to local and tribal + governments.--Not later than 45 days after receiving + grant funds, any State that receives a grant under this + section shall obligate or otherwise make available to + local and tribal governments-- + (A) not less than 80 percent of the grant + funds; + (B) with the consent of local and tribal + governments, eligible expenditures having a + value of not less than 80 percent of the amount + of the grant; or + (C) grant funds combined with other + eligible expenditures having a total value of + not less than 80 percent of the amount of the + grant. + (2) Allocation of funds.--A State that receives a + grant under this section shall allocate grant funds to + tribal governments in the State to assist tribal + communities in improving interoperable communications, + in a manner consistent with the Statewide Interoperable + Communications Plan. A State may not impose + unreasonable or unduly burdensome requirements on a + tribal government as a condition of providing grant + funds or resources to the tribal government. + (3) Penalties.--If a State violates the + requirements of this subsection, in addition to other + remedies available to the Secretary, the Secretary may + terminate or reduce the amount of the grant awarded to + that State or transfer grant funds previously awarded + to the State directly to the appropriate local or + tribal government. + (m) Reports.-- + (1) Annual reports by state grant recipients.--A + State that receives a grant under this section shall + annually submit to the Director of Emergency + Communications a report on the progress of the State in + implementing that State's Statewide Interoperable + Communications Plans required under section 7303(f) of + the Intelligence Reform and Terrorism Prevention Act of + 2004 (6 U.S.C. 194(f)) and achieving interoperability + at the city, county, regional, State, and interstate + levels. The Director shall make the reports publicly + available, including by making them available on the + Internet website of the Office of Emergency + Communications, subject to any redactions that the + Director determines are necessary to protect classified + or other sensitive information. + (2) Annual reports to congress.--At least once each + year, the Director of Emergency Communications shall + submit to Congress a report on the use of grants + awarded under this section and any progress in + implementing Statewide Interoperable Communications + Plans and improving interoperability at the city, + county, regional, State, and interstate level, as a + result of the award of such grants. + (n) Rule of Construction.--Nothing in this section shall be +construed or interpreted to preclude a State from using a grant +awarded under this section for interim or long-term Internet +Protocol-based interoperable solutions. + (o) Authorization of Appropriations.--There are authorized +to be appropriated for grants under this section-- + (1) for fiscal year 2008, such sums as may be + necessary; + (2) for each of fiscal years 2009 through 2012, + $400,000,000; and + (3) for each subsequent fiscal year, such sums as + may be necessary. + +SEC. 1810. [6 U.S.C. 580] BORDER INTEROPERABILITY DEMONSTRATION + PROJECT. + + (a) In General.-- + (1) Establishment.--The Secretary, acting through + the Director of the Office of Emergency Communications + (referred to in this section as the ``Director''), and + in coordination with the Federal Communications + Commission and the Secretary of Commerce, shall + establish an International Border Community + Interoperable Communications Demonstration Project + (referred to in this section as the ``demonstration + project''). + (2) Minimum number of communities.--The Director + shall select no fewer than 6 communities to participate + in a demonstration project. + (3) Location of communities.--No fewer than 3 of + the communities selected under paragraph (2) shall be + located on the northern border of the United States and + no fewer than 3 of the communities selected under + paragraph (2) shall be located on the southern border + of the United States. + (b) Conditions.--The Director, in coordination with the +Federal Communications Commission and the Secretary of +Commerce, shall ensure that the project is carried out as soon +as adequate spectrum is available as a result of the 800 +megahertz rebanding process in border areas, and shall ensure +that the border projects do not impair or impede the rebanding +process, but under no circumstances shall funds be distributed +under this section unless the Federal Communications Commission +and the Secretary of Commerce agree that these conditions have +been met. + (c) Program Requirements.--Consistent with the +responsibilities of the Office of Emergency Communications +under section 1801, the Director shall foster local, tribal, +State, and Federal interoperable emergency communications, as +well as interoperable emergency communications with appropriate +Canadian and Mexican authorities in the communities selected +for the demonstration project. The Director shall-- + (1) identify solutions to facilitate interoperable + communications across national borders expeditiously; + (2) help ensure that emergency response providers + can communicate with each other in the event of natural + disasters, acts of terrorism, and other man-made + disasters; + (3) provide technical assistance to enable + emergency response providers to deal with threats and + contingencies in a variety of environments; + (4) identify appropriate joint-use equipment to + ensure communications access; + (5) identify solutions to facilitate communications + between emergency response providers in communities of + differing population densities; and + (6) take other actions or provide equipment as the + Director deems appropriate to foster interoperable + emergency communications. + (d) Distribution of Funds.-- + (1) In general.--The Secretary shall distribute + funds under this section to each community + participating in the demonstration project through the + State, or States, in which each community is located. + (2) Other participants.--A State shall make the + funds available promptly to the local and tribal + governments and emergency response providers selected + by the Secretary to participate in the demonstration + project. + (3) Report.--Not later than 90 days after a State + receives funds under this subsection the State shall + report to the Director on the status of the + distribution of such funds to local and tribal + governments. + (e) Maximum Period of Grants.--The Director may not fund +any participant under the demonstration project for more than 3 +years. + (f) Transfer of Information and Knowledge.--The Director +shall establish mechanisms to ensure that the information and +knowledge gained by participants in the demonstration project +are transferred among the participants and to other interested +parties, including other communities that submitted +applications to the participant in the project. + (g) Authorization of Appropriations.--There is authorized +to be appropriated for grants under this section such sums as +may be necessary. + + TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE + +SEC. 1901. [6 U.S.C. 591] DOMESTIC NUCLEAR DETECTION OFFICE. + + (a) Establishment.--There shall be established in the +Department a Domestic Nuclear Detection Office (referred to in +this title as the ``Office''). The Secretary may request that +the Secretary of Defense, the Secretary of Energy, the +Secretary of State, the Attorney General, the Nuclear +Regulatory Commission, and the directors of other Federal +agencies, including elements of the Intelligence Community, +provide for the reimbursable detail of personnel with relevant +expertise to the Office. + (b) Director.--The Office shall be headed by a Director for +Domestic Nuclear Detection, who shall be appointed by the +President. + +SEC. 1902. [6 U.S.C. 592] MISSION OF OFFICE. + + (a) Mission.--The Office shall be responsible for +coordinating Federal efforts to detect and protect against the +unauthorized importation, possession, storage, transportation, +development, or use of a nuclear explosive device, fissile +material, or radiological material in the United States, and to +protect against attack using such devices or materials against +the people, territory, or interests of the United States and, +to this end, shall-- + (1) serve as the primary entity of the United + States Government to further develop, acquire, and + support the deployment of an enhanced domestic system + to detect and report on attempts to import, possess, + store, transport, develop, or use an unauthorized + nuclear explosive device, fissile material, or + radiological material in the United States, and improve + that system over time; + (2) enhance and coordinate the nuclear detection + efforts of Federal, State, local, and tribal + governments and the private sector to ensure a managed, + coordinated response; + (3) establish, with the approval of the Secretary + and in coordination with the Attorney General, the + Secretary of Defense, and the Secretary of Energy, + additional protocols and procedures for use within the + United States to ensure that the detection of + unauthorized nuclear explosive devices, fissile + material, or radiological material is promptly reported + to the Attorney General, the Secretary, the Secretary + of Defense, the Secretary of Energy, and other + appropriate officials or their respective designees for + appropriate action by law enforcement, military, + emergency response, or other authorities; + (4) develop, with the approval of the Secretary and + in coordination with the Attorney General, the + Secretary of State, the Secretary of Defense, and the + Secretary of Energy, an enhanced global nuclear + detection architecture with implementation under + which-- + (A) the Office will be responsible for the + implementation of the domestic portion of the + global architecture; + (B) the Secretary of Defense will retain + responsibility for implementation of Department + of Defense requirements within and outside the + United States; and + (C) the Secretary of State, the Secretary + of Defense, and the Secretary of Energy will + maintain their respective responsibilities for + policy guidance and implementation of the + portion of the global architecture outside the + United States, which will be implemented + consistent with applicable law and relevant + international arrangements; + (5) ensure that the expertise necessary to + accurately interpret detection data is made available + in a timely manner for all technology deployed by the + Office to implement the global nuclear detection + architecture; + (6) conduct, support, coordinate, and encourage an + aggressive, expedited, evolutionary, and + transformational program of research and development to + generate and improve technologies to detect and prevent + the illicit entry, transport, assembly, or potential + use within the United States of a nuclear explosive + device or fissile or radiological material, and + coordinate with the Under Secretary for Science and + Technology on basic and advanced or transformational + research and development efforts relevant to the + mission of both organizations; + (7) carry out a program to test and evaluate + technology for detecting a nuclear explosive device and + fissile or radiological material, in coordination with + the Secretary of Defense and the Secretary of Energy, + as appropriate, and establish performance metrics for + evaluating the effectiveness of individual detectors + and detection systems in detecting such devices or + material-- + (A) under realistic operational and + environmental conditions; and + (B) against realistic adversary tactics and + countermeasures; + (8) support and enhance the effective sharing and + use of appropriate information generated by the + intelligence community, law enforcement agencies, + counterterrorism community, other government agencies, + and foreign governments, as well as provide appropriate + information to such entities; + (9) further enhance and maintain continuous + awareness by analyzing information from all Office + mission-related detection systems; and + (10) perform other duties as assigned by the + Secretary. + +SEC. 1903. [6 U.S.C. 593] HIRING AUTHORITY. + + In hiring personnel for the Office, the Secretary shall +have the hiring and management authorities provided in section +1101 of the Strom Thurmond National Defense Authorization Act +for Fiscal Year 1999 (5 U.S.C. 3104 note). The term of +appointments for employees under subsection (c)(1) of such +section may not exceed 5 years before granting any extension +under subsection (c)(2) of such section. + +SEC. 1904. [6 U.S.C. 594] TESTING AUTHORITY. + + (a) In General.--The Director shall coordinate with the +responsible Federal agency or other entity to facilitate the +use by the Office, by its contractors, or by other persons or +entities, of existing Government laboratories, centers, ranges, +or other testing facilities for the testing of materials, +equipment, models, computer software, and other items as may be +related to the missions identified in section 1902. Any such +use of Government facilities shall be carried out in accordance +with all applicable laws, regulations, and contractual +provisions, including those governing security, safety, and +environmental protection, including, when applicable, the +provisions of section 309. The Office may direct that private +sector entities utilizing Government facilities in accordance +with this section pay an appropriate fee to the agency that +owns or operates those facilities to defray additional costs to +the Government resulting from such use. + (b) Confidentiality of Test Results.--The results of tests +performed with services made available shall be confidential +and shall not be disclosed outside the Federal Government +without the consent of the persons for whom the tests are +performed. + (c) Fees.--Fees for services made available under this +section shall not exceed the amount necessary to recoup the +direct and indirect costs involved, such as direct costs of +utilities, contractor support, and salaries of personnel that +are incurred by the United States to provide for the testing. + (d) Use of Fees.--Fees received for services made available +under this section may be credited to the appropriation from +which funds were expended to provide such services. + +SEC. 1905. [6 U.S.C. 595] RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND + FEDERAL AGENCIES. + + The authority of the Director under this title shall not +affect the authorities or responsibilities of any officer of +the Department or of any officer of any other department or +agency of the United States with respect to the command, +control, or direction of the functions, personnel, funds, +assets, and liabilities of any entity within the Department or +any Federal department or agency. + +SEC. 1906. [6 U.S.C. 596] CONTRACTING AND GRANT MAKING AUTHORITIES. + + The Secretary, acting through the Director for Domestic +Nuclear Detection, in carrying out the responsibilities under +paragraphs (6) and (7) of section 1902(a), shall-- + (1) operate extramural and intramural programs and + distribute funds through grants, cooperative + agreements, and other transactions and contracts; + (2) ensure that activities under paragraphs (6) and + (7) of section 1902(a) include investigations of + radiation detection equipment in configurations + suitable for deployment at seaports, which may include + underwater or water surface detection equipment and + detection equipment that can be mounted on cranes and + straddle cars used to move shipping containers; and + (3) have the authority to establish or contract + with 1 or more federally funded research and + development centers to provide independent analysis of + homeland security issues and carry out other + responsibilities under this title. + +SEC. 1907. [6 U.S.C. 596A] JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL + NUCLEAR DETECTION ARCHITECTURE. + + (a) Annual Review.-- + (1) In general.--The Secretary, the Attorney + General, the Secretary of State, the Secretary of + Defense, the Secretary of Energy, and the Director of + National Intelligence shall jointly ensure interagency + coordination on the development and implementation of + the global nuclear detection architecture by ensuring + that, not less frequently than once each year-- + (A) each relevant agency, office, or + entity-- + (i) assesses its involvement, + support, and participation in the + development, revision, and + implementation of the global nuclear + detection architecture; and + (ii) examines and evaluates + components of the global nuclear + detection architecture (including + associated strategies and acquisition + plans) relating to the operations of + that agency, office, or entity, to + determine whether such components + incorporate and address current threat + assessments, scenarios, or intelligence + analyses developed by the Director of + National Intelligence or other agencies + regarding threats relating to nuclear + or radiological weapons of mass + destruction; and + (B) each agency, office, or entity + deploying or operating any nuclear or + radiological detection technology under the + global nuclear detection architecture-- + (i) evaluates the deployment and + operation of nuclear or radiological + detection technologies under the global + nuclear detection architecture by that + agency, office, or entity; + (ii) identifies performance + deficiencies and operational or + technical deficiencies in nuclear or + radiological detection technologies + deployed under the global nuclear + detection architecture; and + (iii) assesses the capacity of that + agency, office, or entity to implement + the responsibilities of that agency, + office, or entity under the global + nuclear detection architecture. + (2) Technology.--Not less frequently than once each + year, the Secretary shall examine and evaluate the + development, assessment, and acquisition of radiation + detection technologies deployed or implemented in + support of the domestic portion of the global nuclear + detection architecture. + (b) Annual Report on Joint Interagency Review.-- + (1) In general.--Not later than March 31 of each + year, the Secretary, the Attorney General, the + Secretary of State, the Secretary of Defense, the + Secretary of Energy, and the Director of National + Intelligence, shall jointly submit a report regarding + the implementation of this section and the results of + the reviews required under subsection (a) to-- + (A) the President; + (B) the Committee on Appropriations, the + Committee on Armed Services, the Select + Committee on Intelligence, and the Committee on + Homeland Security and Governmental Affairs of + the Senate; and + (C) the Committee on Appropriations, the + Committee on Armed Services, the Permanent + Select Committee on Intelligence, the Committee + on Homeland Security, and the Committee on + Science and Technology of the House of + Representatives. + (2) Form.--The annual report submitted under + paragraph (1) shall be submitted in unclassified form + to the maximum extent practicable, but may include a + classified annex. + (c) Definition.--In this section, the term ``global nuclear +detection architecture'' means the global nuclear detection +architecture developed under section 1902. + + TITLE XX--HOMELAND SECURITY GRANTS + +SEC. 2001. [6 U.S.C. 601] DEFINITIONS. + + In this title, the following definitions shall apply: + (1) Administrator.--The term ``Administrator'' + means the Administrator of the Federal Emergency + Management Agency. + (2) Appropriate committees of congress.--The term + ``appropriate committees of Congress'' means-- + (A) the Committee on Homeland Security and + Governmental Affairs of the Senate; and + (B) those committees of the House of + Representatives that the Speaker of the House + of Representatives determines appropriate. + (3) Critical infrastructure sectors.--The term + ``critical infrastructure sectors'' means the following + sectors, in both urban and rural areas: + (A) Agriculture and food. + (B) Banking and finance. + (C) Chemical industries. + (D) Commercial facilities. + (E) Commercial nuclear reactors, materials, + and waste. + (F) Dams. + (G) The defense industrial base. + (H) Emergency services. + (I) Energy. + (J) Government facilities. + (K) Information technology. + (L) National monuments and icons. + (M) Postal and shipping. + (N) Public health and health care. + (O) Telecommunications. + (P) Transportation systems. + (Q) Water. + (4) Directly eligible tribe.--The term ``directly + eligible tribe'' means-- + (A) any Indian tribe-- + (i) that is located in the + continental United States; + (ii) that operates a law + enforcement or emergency response + agency with the capacity to respond to + calls for law enforcement or emergency + services; + (iii)(I) that is located on or near + an international border or a coastline + bordering an ocean (including the Gulf + of Mexico) or international waters; + (II) that is located within 10 + miles of a system or asset included on + the prioritized critical infrastructure + list established under section + 210E(a)(2) or has such a system or + asset within its territory; + (III) that is located within or + contiguous to 1 of the 50 most populous + metropolitan statistical areas in the + United States; or + (IV) the jurisdiction of which + includes not less than 1,000 square + miles of Indian country, as that term + is defined in section 1151 of title 18, + United States Code; and + (iv) that certifies to the + Secretary that a State has not provided + funds under section 2003 or 2004 to the + Indian tribe or consortium of Indian + tribes for the purpose for which direct + funding is sought; and + (B) a consortium of Indian tribes, if each + tribe satisfies the requirements of + subparagraph (A). + (5) Eligible metropolitan area.--The term + ``eligible metropolitan area'' means any of the 100 + most populous metropolitan statistical areas in the + United States. + (6) High-risk urban area.--The term ``high-risk + urban area'' means a high-risk urban area designated + under section 2003(b)(3)(A). + (7) Indian tribe.--The term ``Indian tribe'' has + the meaning given that term in section 4(e) of the + Indian Self-Determination Act (25 U.S.C. 450b(e)). + (8) Metropolitan statistical area.--The term + ``metropolitan statistical area'' means a metropolitan + statistical area, as defined by the Office of + Management and Budget. + (9) National special security event.--The term + ``National Special Security Event'' means a designated + event that, by virtue of its political, economic, + social, or religious significance, may be the target of + terrorism or other criminal activity. + (10) Population.--The term ``population'' means + population according to the most recent United States + census population estimates available at the start of + the relevant fiscal year. + (11) Population density.--The term ``population + density'' means population divided by land area in + square miles. + (12) Qualified intelligence analyst.--The term + ``qualified intelligence analyst'' means an + intelligence analyst (as that term is defined in + section 210A(j)), including law enforcement personnel-- + (A) who has successfully completed training + to ensure baseline proficiency in intelligence + analysis and production, as determined by the + Secretary, which may include training using a + curriculum developed under section 209; or + (B) whose experience ensures baseline + proficiency in intelligence analysis and + production equivalent to the training required + under subparagraph (A), as determined by the + Secretary. + (13) Target capabilities.--The term ``target + capabilities'' means the target capabilities for + Federal, State, local, and tribal government + preparedness for which guidelines are required to be + established under section 646(a) of the Post-Katrina + Emergency Management Reform Act of 2006 (6 U.S.C. + 746(a)). + (14) Tribal government.--The term ``tribal + government'' means the government of an Indian tribe. + + Subtitle A--Grants to States and High-Risk Urban Areas + +SEC. 2002. [6 U.S.C. 603] HOMELAND SECURITY GRANT PROGRAMS. + + (a) Grants Authorized.--The Secretary, through the +Administrator, may award grants under sections 2003 and 2004 to +State, local, and tribal governments. + (b) Programs Not Affected.--This subtitle shall not be +construed to affect any of the following Federal programs: + (1) Firefighter and other assistance programs + authorized under the Federal Fire Prevention and + Control Act of 1974 (15 U.S.C. 2201 et seq.). + (2) Grants authorized under the Robert T. Stafford + Disaster Relief and Emergency Assistance Act (42 U.S.C. + 5121 et seq.). + (3) Emergency Management Performance Grants under + the amendments made by title II of the Implementing + Recommendations of the 9/11 Commission Act of 2007. + (4) Grants to protect critical infrastructure, + including port security grants authorized under section + 70107 of title 46, United States Code, and the grants + authorized under title XIV and XV of the Implementing + Recommendations of the 9/11 Commission Act of 2007 and + the amendments made by such titles. + (5) The Metropolitan Medical Response System + authorized under section 635 of the Post-Katrina + Emergency Management Reform Act of 2006 (6 U.S.C. 723). + (6) The Interoperable Emergency Communications + Grant Program authorized under title XVIII. + (7) Grant programs other than those administered by + the Department. + (c) Relationship to Other Laws.-- + (1) In general.--The grant programs authorized + under sections 2003 and 2004 shall supercede all grant + programs authorized under section 1014 of the USA + PATRIOT Act (42 U.S.C. 3714). + (2) Allocation.--The allocation of grants + authorized under section 2003 or 2004 shall be governed + by the terms of this subtitle and not by any other + provision of law. + +SEC. 2003. [6 U.S.C. 604] URBAN AREA SECURITY INITIATIVE. + + (a) Establishment.--There is established an Urban Area +Security Initiative to provide grants to assist high-risk urban +areas in preventing, preparing for, protecting against, and +responding to acts of terrorism. + (b) Assessment and Designation of High-Risk Urban Areas.-- + (1) In general.--The Administrator shall designate + high-risk urban areas to receive grants under this + section based on procedures under this subsection. + (2) Initial assessment.-- + (A) In general.--For each fiscal year, the + Administrator shall conduct an initial + assessment of the relative threat, + vulnerability, and consequences from acts of + terrorism faced by each eligible metropolitan + area, including consideration of-- + (i) the factors set forth in + subparagraphs (A) through (H) and (K) + of section 2007(a)(1); and + (ii) information and materials + submitted under subparagraph (B). + (B) Submission of information by eligible + metropolitan areas.--Prior to conducting each + initial assessment under subparagraph (A), the + Administrator shall provide each eligible + metropolitan area with, and shall notify each + eligible metropolitan area of, the opportunity + to-- + (i) submit information that the + eligible metropolitan area believes to + be relevant to the determination of the + threat, vulnerability, and consequences + it faces from acts of terrorism; and + (ii) review the risk assessment + conducted by the Department of that + eligible metropolitan area, including + the bases for the assessment by the + Department of the threat, + vulnerability, and consequences from + acts of terrorism faced by that + eligible metropolitan area, and remedy + erroneous or incomplete information. + (3) Designation of high-risk urban areas.-- + (A) Designation.-- + (i) In general.--For each fiscal + year, after conducting the initial + assessment under paragraph (2), and + based on that assessment, the + Administrator shall designate high-risk + urban areas that may submit + applications for grants under this + section. + (ii) Additional areas.-- + Notwithstanding paragraph (2), the + Administrator may-- + (I) in any case where an + eligible metropolitan area + consists of more than 1 + metropolitan division (as that + term is defined by the Office + of Management and Budget) + designate more than 1 high-risk + urban area within a single + eligible metropolitan area; and + (II) designate an area that + is not an eligible metropolitan + area as a high-risk urban area + based on the assessment by the + Administrator of the relative + threat, vulnerability, and + consequences from acts of + terrorism faced by the area. + (iii) Rule of construction.-- + Nothing in this subsection may be + construed to require the Administrator + to-- + (I) designate all eligible + metropolitan areas that submit + information to the + Administrator under paragraph + (2)(B)(i) as high-risk urban + areas; or + (II) designate all areas + within an eligible metropolitan + area as part of the high-risk + urban area. + (B) Jurisdictions included in high-risk + urban areas.-- + (i) In general.--In designating + high-risk urban areas under + subparagraph (A), the Administrator + shall determine which jurisdictions, at + a minimum, shall be included in each + high-risk urban area. + (ii) Additional jurisdictions.--A + high-risk urban area designated by the + Administrator may, in consultation with + the State or States in which such high- + risk urban area is located, add + additional jurisdictions to the high- + risk urban area. + (c) Application.-- + (1) In general.--An area designated as a high-risk + urban area under subsection (b) may apply for a grant + under this section. + (2) Minimum contents of application.--In an + application for a grant under this section, a high-risk + urban area shall submit-- + (A) a plan describing the proposed division + of responsibilities and distribution of funding + among the local and tribal governments in the + high-risk urban area; + (B) the name of an individual to serve as a + high-risk urban area liaison with the + Department and among the various jurisdictions + in the high-risk urban area; and + (C) such information in support of the + application as the Administrator may reasonably + require. + (3) Annual applications.--Applicants for grants + under this section shall apply or reapply on an annual + basis. + (4) State review and transmission.-- + (A) In general.--To ensure consistency with + State homeland security plans, a high-risk + urban area applying for a grant under this + section shall submit its application to each + State within which any part of that high-risk + urban area is located for review before + submission of such application to the + Department. + (B) Deadline.--Not later than 30 days after + receiving an application from a high-risk urban + area under subparagraph (A), a State shall + transmit the application to the Department. + (C) Opportunity for state comment.--If the + Governor of a State determines that an + application of a high-risk urban area is + inconsistent with the State homeland security + plan of that State, or otherwise does not + support the application, the Governor shall-- + (i) notify the Administrator, in + writing, of that fact; and + (ii) provide an explanation of the + reason for not supporting the + application at the time of transmission + of the application. + (5) Opportunity to amend.--In considering + applications for grants under this section, the + Administrator shall provide applicants with a + reasonable opportunity to correct defects in the + application, if any, before making final awards. + (d) Distribution of Awards.-- + (1) In general.--If the Administrator approves the + application of a high-risk urban area for a grant under + this section, the Administrator shall distribute the + grant funds to the State or States in which that high- + risk urban area is located. + (2) State distribution of funds.-- + (A) In general.--Not later than 45 days + after the date that a State receives grant + funds under paragraph (1), that State shall + provide the high-risk urban area awarded that + grant not less than 80 percent of the grant + funds. Any funds retained by a State shall be + expended on items, services, or activities that + benefit the high-risk urban area. + (B) Funds retained.--A State shall provide + each relevant high-risk urban area with an + accounting of the items, services, or + activities on which any funds retained by the + State under subparagraph (A) were expended. + (3) Interstate urban areas.--If parts of a high- + risk urban area awarded a grant under this section are + located in 2 or more States, the Administrator shall + distribute to each such State-- + (A) a portion of the grant funds in + accordance with the proposed distribution set + forth in the application; or + (B) if no agreement on distribution has + been reached, a portion of the grant funds + determined by the Administrator to be + appropriate. + (4) Certifications regarding distribution of grant + funds to high-risk urban areas.--A State that receives + grant funds under paragraph (1) shall certify to the + Administrator that the State has made available to the + applicable high-risk urban area the required funds + under paragraph (2). + (e) Authorization of Appropriations.--There are authorized +to be appropriated for grants under this section-- + (1) $850,000,000 for fiscal year 2008; + (2) $950,000,000 for fiscal year 2009; + (3) $1,050,000,000 for fiscal year 2010; + (4) $1,150,000,000 for fiscal year 2011; + (5) $1,300,000,000 for fiscal year 2012; and + (6) such sums as are necessary for fiscal year + 2013, and each fiscal year thereafter. + +SEC. 2004. [6 U.S.C. 605] STATE HOMELAND SECURITY GRANT PROGRAM. + + (a) Establishment.--There is established a State Homeland +Security Grant Program to assist State, local, and tribal +governments in preventing, preparing for, protecting against, +and responding to acts of terrorism. + (b) Application.-- + (1) In general.--Each State may apply for a grant + under this section, and shall submit such information + in support of the application as the Administrator may + reasonably require. + (2) Minimum contents of application.--The + Administrator shall require that each State include in + its application, at a minimum-- + (A) the purpose for which the State seeks + grant funds and the reasons why the State needs + the grant to meet the target capabilities of + that State; + (B) a description of how the State plans to + allocate the grant funds to local governments + and Indian tribes; and + (C) a budget showing how the State intends + to expend the grant funds. + (3) Annual applications.--Applicants for grants + under this section shall apply or reapply on an annual + basis. + (c) Distribution to Local and Tribal Governments.-- + (1) In general.--Not later than 45 days after + receiving grant funds, any State receiving a grant + under this section shall make available to local and + tribal governments, consistent with the applicable + State homeland security plan-- + (A) not less than 80 percent of the grant + funds; + (B) with the consent of local and tribal + governments, items, services, or activities + having a value of not less than 80 percent of + the amount of the grant; or + (C) with the consent of local and tribal + governments, grant funds combined with other + items, services, or activities having a total + value of not less than 80 percent of the amount + of the grant. + (2) Certifications regarding distribution of grant + funds to local governments.--A State shall certify to + the Administrator that the State has made the + distribution to local and tribal governments required + under paragraph (1). + (3) Extension of period.--The Governor of a State + may request in writing that the Administrator extend + the period under paragraph (1) for an additional period + of time. The Administrator may approve such a request + if the Administrator determines that the resulting + delay in providing grant funding to the local and + tribal governments is necessary to promote effective + investments to prevent, prepare for, protect against, + or respond to acts of terrorism. + (4) Exception.--Paragraph (1) shall not apply to + the District of Columbia, the Commonwealth of Puerto + Rico, American Samoa, the Commonwealth of the Northern + Mariana Islands, Guam, or the Virgin Islands. + (5) Direct funding.--If a State fails to make the + distribution to local or tribal governments required + under paragraph (1) in a timely fashion, a local or + tribal government entitled to receive such distribution + may petition the Administrator to request that grant + funds be provided directly to the local or tribal + government. + (d) Multistate Applications.-- + (1) In general.--Instead of, or in addition to, any + application for a grant under subsection (b), 2 or more + States may submit an application for a grant under this + section in support of multistate efforts to prevent, + prepare for, protect against, and respond to acts of + terrorism. + (2) Administration of grant.--If a group of States + applies for a grant under this section, such States + shall submit to the Administrator at the time of + application a plan describing-- + (A) the division of responsibilities for + administering the grant; and + (B) the distribution of funding among the + States that are parties to the application. + (e) Minimum Allocation.-- + (1) In general.--In allocating funds under this + section, the Administrator shall ensure that-- + (A) except as provided in subparagraph (B), + each State receives, from the funds + appropriated for the State Homeland Security + Grant Program established under this section, + not less than an amount equal to-- + (i) 0.375 percent of the total + funds appropriated for grants under + this section and section 2003 in fiscal + year 2008; + (ii) 0.365 percent of the total + funds appropriated for grants under + this section and section 2003 in fiscal + year 2009; + (iii) 0.36 percent of the total + funds appropriated for grants under + this section and section 2003 in fiscal + year 2010; + (iv) 0.355 percent of the total + funds appropriated for grants under + this section and section 2003 in fiscal + year 2011; and + (v) 0.35 percent of the total funds + appropriated for grants under this + section and section 2003 in fiscal year + 2012 and in each fiscal year + thereafter; and + (B) for each fiscal year, American Samoa, + the Commonwealth of the Northern Mariana + Islands, Guam, and the Virgin Islands each + receive, from the funds appropriated for the + State Homeland Security Grant Program + established under this section, not less than + an amount equal to 0.08 percent of the total + funds appropriated for grants under this + section and section 2003. + (2) Effect of multistate award on state minimum.-- + Any portion of a multistate award provided to a State + under subsection (d) shall be considered in calculating + the minimum State allocation under this subsection. + (f) Authorization of Appropriations.--There are authorized +to be appropriated for grants under this section-- + (1) $950,000,000 for each of fiscal years 2008 + through 2012; and + (2) such sums as are necessary for fiscal year + 2013, and each fiscal year thereafter. + +SEC. 2005. [6 U.S.C. 606] GRANTS TO DIRECTLY ELIGIBLE TRIBES. + + (a) In General.--Notwithstanding section 2004(b), the +Administrator may award grants to directly eligible tribes +under section 2004. + (b) Tribal Applications.--A directly eligible tribe may +apply for a grant under section 2004 by submitting an +application to the Administrator that includes, as appropriate, +the information required for an application by a State under +section 2004(b). + (c) Consistency With State Plans.-- + (1) In general.--To ensure consistency with any + applicable State homeland security plan, a directly + eligible tribe applying for a grant under section 2004 + shall provide a copy of its application to each State + within which any part of the tribe is located for + review before the tribe submits such application to the + Department. + (2) Opportunity for comment.--If the Governor of a + State determines that the application of a directly + eligible tribe is inconsistent with the State homeland + security plan of that State, or otherwise does not + support the application, not later than 30 days after + the date of receipt of that application the Governor + shall-- + (A) notify the Administrator, in writing, + of that fact; and + (B) provide an explanation of the reason + for not supporting the application. + (d) Final Authority.--The Administrator shall have final +authority to approve any application of a directly eligible +tribe. The Administrator shall notify each State within the +boundaries of which any part of a directly eligible tribe is +located of the approval of an application by the tribe. + (e) Prioritization.--The Administrator shall allocate funds +to directly eligible tribes in accordance with the factors +applicable to allocating funds among States under section 2007. + (f) Distribution of Awards to Directly Eligible Tribes.--If +the Administrator awards funds to a directly eligible tribe +under this section, the Administrator shall distribute the +grant funds directly to the tribe and not through any State. + (g) Minimum Allocation.-- + (1) In general.--In allocating funds under this + section, the Administrator shall ensure that, for each + fiscal year, directly eligible tribes collectively + receive, from the funds appropriated for the State + Homeland Security Grant Program established under + section 2004, not less than an amount equal to 0.1 + percent of the total funds appropriated for grants + under sections 2003 and 2004. + (2) Exception.--This subsection shall not apply in + any fiscal year in which the Administrator-- + (A) receives fewer than 5 applications + under this section; or + (B) does not approve at least 2 + applications under this section. + (h) Tribal Liaison.--A directly eligible tribe applying for +a grant under section 2004 shall designate an individual to +serve as a tribal liaison with the Department and other +Federal, State, local, and regional government officials +concerning preventing, preparing for, protecting against, and +responding to acts of terrorism. + (i) Eligibility for Other Funds.--A directly eligible tribe +that receives a grant under section 2004 may receive funds for +other purposes under a grant from the State or States within +the boundaries of which any part of such tribe is located and +from any high-risk urban area of which it is a part, consistent +with the homeland security plan of the State or high-risk urban +area. + (j) State Obligations.-- + (1) In general.--States shall be responsible for + allocating grant funds received under section 2004 to + tribal governments in order to help those tribal + communities achieve target capabilities not achieved + through grants to directly eligible tribes. + (2) Distribution of grant funds.--With respect to a + grant to a State under section 2004, an Indian tribe + shall be eligible for funding directly from that State, + and shall not be required to seek funding from any + local government. + (3) Imposition of requirements.--A State may not + impose unreasonable or unduly burdensome requirements + on an Indian tribe as a condition of providing the + Indian tribe with grant funds or resources under + section 2004. + (k) Rule of Construction.--Nothing in this section shall be +construed to affect the authority of an Indian tribe that +receives funds under this subtitle. + +SEC. 2006. [6 U.S.C. 607] TERRORISM PREVENTION. + + (a) Law Enforcement Terrorism Prevention Program.-- + (1) In general.--The Administrator shall ensure + that not less than 25 percent of the total combined + funds appropriated for grants under sections 2003 and + 2004 is used for law enforcement terrorism prevention + activities. + (2) Law enforcement terrorism prevention + activities.--Law enforcement terrorism prevention + activities include-- + (A) information sharing and analysis; + (B) target hardening; + (C) threat recognition; + (D) terrorist interdiction; + (E) overtime expenses consistent with a + State homeland security plan, including for the + provision of enhanced law enforcement + operations in support of Federal agencies, + including for increased border security and + border crossing enforcement; + (F) establishing, enhancing, and staffing + with appropriately qualified personnel State, + local, and regional fusion centers that comply + with the guidelines established under section + 210A(i); + (G) paying salaries and benefits for + personnel, including individuals employed by + the grant recipient on the date of the relevant + grant application, to serve as qualified + intelligence analysts; + (H) any other activity permitted under the + Fiscal Year 2007 Program Guidance of the + Department for the Law Enforcement Terrorism + Prevention Program; and + (I) any other terrorism prevention activity + authorized by the Administrator. + (3) Participation of underrepresented communities + in fusion centers.--The Administrator shall ensure that + grant funds described in paragraph (1) are used to + support the participation, as appropriate, of law + enforcement and other emergency response providers from + rural and other underrepresented communities at risk + from acts of terrorism in fusion centers. + (b) Office for State and Local Law Enforcement.-- + (1) Establishment.--There is established in the + Policy Directorate of the Department an Office for + State and Local Law Enforcement, which shall be headed + by an Assistant Secretary for State and Local Law + Enforcement. + (2) Qualifications.--The Assistant Secretary for + State and Local Law Enforcement shall have an + appropriate background with experience in law + enforcement, intelligence, and other counterterrorism + functions. + (3) Assignment of personnel.--The Secretary shall + assign to the Office for State and Local Law + Enforcement permanent staff and, as appropriate and + consistent with sections 506(c)(2), 821, and 888(d), + other appropriate personnel detailed from other + components of the Department to carry out the + responsibilities under this subsection. + (4) Responsibilities.--The Assistant Secretary for + State and Local Law Enforcement shall-- + (A) lead the coordination of Department- + wide policies relating to the role of State and + local law enforcement in preventing, preparing + for, protecting against, and responding to + natural disasters, acts of terrorism, and other + man-made disasters within the United States; + (B) serve as a liaison between State, + local, and tribal law enforcement agencies and + the Department; + (C) coordinate with the Office of + Intelligence and Analysis to ensure the + intelligence and information sharing + requirements of State, local, and tribal law + enforcement agencies are being addressed; + (D) work with the Administrator to ensure + that law enforcement and terrorism-focused + grants to State, local, and tribal government + agencies, including grants under sections 2003 + and 2004, the Commercial Equipment Direct + Assistance Program, and other grants + administered by the Department to support + fusion centers and law enforcement-oriented + programs, are appropriately focused on + terrorism prevention activities; + (E) coordinate with the Science and + Technology Directorate, the Federal Emergency + Management Agency, the Department of Justice, + the National Institute of Justice, law + enforcement organizations, and other + appropriate entities to support the + development, promulgation, and updating, as + necessary, of national voluntary consensus + standards for training and personal protective + equipment to be used in a tactical environment + by law enforcement officers; and + (F) conduct, jointly with the + Administrator, a study to determine the + efficacy and feasibility of establishing + specialized law enforcement deployment teams to + assist State, local, and tribal governments in + responding to natural disasters, acts of + terrorism, or other man-made disasters and + report on the results of that study to the + appropriate committees of Congress. + (5) Rule of construction.--Nothing in this + subsection shall be construed to diminish, supercede, + or replace the responsibilities, authorities, or role + of the Administrator. + +SEC. 2007. [6 U.S.C. 608] PRIORITIZATION. + + (a) In General.--In allocating funds among States and high- +risk urban areas applying for grants under section 2003 or +2004, the Administrator shall consider, for each State or high- +risk urban area-- + (1) its relative threat, vulnerability, and + consequences from acts of terrorism, including + consideration of-- + (A) its population, including appropriate + consideration of military, tourist, and + commuter populations; + (B) its population density; + (C) its history of threats, including + whether it has been the target of a prior act + of terrorism; + (D) its degree of threat, vulnerability, + and consequences related to critical + infrastructure (for all critical infrastructure + sectors) or key resources identified by the + Administrator or the State homeland security + plan, including threats, vulnerabilities, and + consequences related to critical infrastructure + or key resources in nearby jurisdictions; + (E) the most current threat assessments + available to the Department; + (F) whether the State has, or the high-risk + urban area is located at or near, an + international border; + (G) whether it has a coastline bordering an + ocean (including the Gulf of Mexico) or + international waters; + (H) its likely need to respond to acts of + terrorism occurring in nearby jurisdictions; + (I) the extent to which it has unmet target + capabilities; + (J) in the case of a high-risk urban area, + the extent to which that high-risk urban area + includes-- + (i) those incorporated + municipalities, counties, parishes, and + Indian tribes within the relevant + eligible metropolitan area, the + inclusion of which will enhance + regional efforts to prevent, prepare + for, protect against, and respond to + acts of terrorism; and + (ii) other local and tribal + governments in the surrounding area + that are likely to be called upon to + respond to acts of terrorism within the + high-risk urban area; and + (K) such other factors as are specified in + writing by the Administrator; and + (2) the anticipated effectiveness of the proposed + use of the grant by the State or high-risk urban area + in increasing the ability of that State or high-risk + urban area to prevent, prepare for, protect against, + and respond to acts of terrorism, to meet its target + capabilities, and to otherwise reduce the overall risk + to the high-risk urban area, the State, or the Nation. + (b) Types of Threat.--In assessing threat under this +section, the Administrator shall consider the following types +of threat to critical infrastructure sectors and to populations +in all areas of the United States, urban and rural: + (1) Biological. + (2) Chemical. + (3) Cyber. + (4) Explosives. + (5) Incendiary. + (6) Nuclear. + (7) Radiological. + (8) Suicide bombers. + (9) Such other types of threat determined relevant + by the Administrator. + +SEC. 2008. [6 U.S.C. 609] USE OF FUNDS. + + (a) Permitted Uses.--The Administrator shall permit the +recipient of a grant under section 2003 or 2004 to use grant +funds to achieve target capabilities related to preventing, +preparing for, protecting against, and responding to acts of +terrorism, consistent with a State homeland security plan and +relevant local, tribal, and regional homeland security plans, +through-- + (1) developing and enhancing homeland security, + emergency management, or other relevant plans, + assessments, or mutual aid agreements; + (2) designing, conducting, and evaluating training + and exercises, including training and exercises + conducted under section 512 of this Act and section 648 + of the Post-Katrina Emergency Management Reform Act of + 2006 (6 U.S.C. 748); + (3) protecting a system or asset included on the + prioritized critical infrastructure list established + under section 210E(a)(2); + (4) purchasing, upgrading, storing, or maintaining + equipment, including computer hardware and software; + (5) ensuring operability and achieving + interoperability of emergency communications; + (6) responding to an increase in the threat level + under the Homeland Security Advisory System, or to the + needs resulting from a National Special Security Event; + (7) establishing, enhancing, and staffing with + appropriately qualified personnel State, local, and + regional fusion centers that comply with the guidelines + established under section 210A(i); + (8) enhancing school preparedness; + (9) supporting public safety answering points; + (10) paying salaries and benefits for personnel, + including individuals employed by the grant recipient + on the date of the relevant grant application, to serve + as qualified intelligence analysts, regardless of + whether such analysts are current or new full-time + employees or contract employees; + (11) paying expenses directly related to + administration of the grant, except that such expenses + may not exceed 3 percent of the amount of the grant; + (12) any activity permitted under the Fiscal Year + 2007 Program Guidance of the Department for the State + Homeland Security Grant Program, the Urban Area + Security Initiative (including activities permitted + under the full-time counterterrorism staffing pilot), + or the Law Enforcement Terrorism Prevention Program; + and + (13) any other appropriate activity, as determined + by the Administrator. + (b) Limitations on Use of Funds.-- + (1) In general.--Funds provided under section 2003 + or 2004 may not be used-- + (A) to supplant State or local funds, + except that nothing in this paragraph shall + prohibit the use of grant funds provided to a + State or high-risk urban area for otherwise + permissible uses under subsection (a) on the + basis that a State or high-risk urban area has + previously used State or local funds to support + the same or similar uses; or + (B) for any State or local government cost- + sharing contribution. + (2) Personnel.-- + (A) In general.--Not more than 50 percent + of the amount awarded to a grant recipient + under section 2003 or 2004 in any fiscal year + may be used to pay for personnel, including + overtime and backfill costs, in support of the + permitted uses under subsection (a). + (B) Waiver.--At the request of the + recipient of a grant under section 2003 or + 2004, the Administrator may grant a waiver of + the limitation under subparagraph (A). + (3) Limitations on discretion.-- + (A) In general.--With respect to the use of + amounts awarded to a grant recipient under + section 2003 or 2004 for personnel costs in + accordance with paragraph (2) of this + subsection, the Administrator may not-- + (i) impose a limit on the amount of + the award that may be used to pay for + personnel, or personnel-related, costs + that is higher or lower than the + percent limit imposed in paragraph + (2)(A); or + (ii) impose any additional + limitation on the portion of the funds + of a recipient that may be used for a + specific type, purpose, or category of + personnel, or personnel-related, costs. + (B) Analysts.--If amounts awarded to a + grant recipient under section 2003 or 2004 are + used for paying salary or benefits of a + qualified intelligence analyst under subsection + (a)(10), the Administrator shall make such + amounts available without time limitations + placed on the period of time that the analyst + can serve under the grant. + (4) Construction.-- + (A) In general.--A grant awarded under + section 2003 or 2004 may not be used to acquire + land or to construct buildings or other + physical facilities. + (B) Exceptions.-- + (i) In general.--Notwithstanding + subparagraph (A), nothing in this + paragraph shall prohibit the use of a + grant awarded under section 2003 or + 2004 to achieve target capabilities + related to preventing, preparing for, + protecting against, or responding to + acts of terrorism, including through + the alteration or remodeling of + existing buildings for the purpose of + making such buildings secure against + acts of terrorism. + (ii) Requirements for exception.-- + No grant awarded under section 2003 or + 2004 may be used for a purpose + described in clause (i) unless-- + (I) specifically approved + by the Administrator; + (II) any construction work + occurs under terms and + conditions consistent with the + requirements under section + 611(j)(9) of the Robert T. + Stafford Disaster Relief and + Emergency Assistance Act (42 + U.S.C. 5196(j)(9)); and + (III) the amount allocated + for purposes under clause (i) + does not exceed the greater of + $1,000,000 or 15 percent of the + grant award. + (5) Recreation.--Grants awarded under this subtitle + may not be used for recreational or social purposes. + (c) Multiple-Purpose Funds.--Nothing in this subtitle shall +be construed to prohibit State, local, or tribal governments +from using grant funds under sections 2003 and 2004 in a manner +that enhances preparedness for disasters unrelated to acts of +terrorism, if such use assists such governments in achieving +target capabilities related to preventing, preparing for, +protecting against, or responding to acts of terrorism. + (d) Reimbursement of Costs.-- + (1) Paid-on-call or volunteer reimbursement.--In + addition to the activities described in subsection (a), + a grant under section 2003 or 2004 may be used to + provide a reasonable stipend to paid-on-call or + volunteer emergency response providers who are not + otherwise compensated for travel to or participation in + training or exercises related to the purposes of this + subtitle. Any such reimbursement shall not be + considered compensation for purposes of rendering an + emergency response provider an employee under the Fair + Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). + (2) Performance of federal duty.--An applicant for + a grant under section 2003 or 2004 may petition the + Administrator to use the funds from its grants under + those sections for the reimbursement of the cost of any + activity relating to preventing, preparing for, + protecting against, or responding to acts of terrorism + that is a Federal duty and usually performed by a + Federal agency, and that is being performed by a State + or local government under agreement with a Federal + agency. + (e) Flexibility in Unspent Homeland Security Grant Funds.-- +Upon request by the recipient of a grant under section 2003 or +2004, the Administrator may authorize the grant recipient to +transfer all or part of the grant funds from uses specified in +the grant agreement to other uses authorized under this +section, if the Administrator determines that such transfer is +in the interests of homeland security. + (f) Equipment Standards.--If an applicant for a grant under +section 2003 or 2004 proposes to upgrade or purchase, with +assistance provided under that grant, new equipment or systems +that do not meet or exceed any applicable national voluntary +consensus standards developed under section 647 of the Post- +Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), +the applicant shall include in its application an explanation +of why such equipment or systems will serve the needs of the +applicant better than equipment or systems that meet or exceed +such standards. + + Subtitle B--Grants Administration + +SEC. 2021. [6 U.S.C. 611] ADMINISTRATION AND COORDINATION. + + (a) Regional Coordination.--The Administrator shall ensure +that-- + (1) all recipients of grants administered by the + Department to prevent, prepare for, protect against, or + respond to natural disasters, acts of terrorism, or + other man-made disasters (excluding assistance provided + under section 203, title IV, or title V of the Robert + T. Stafford Disaster Relief and Emergency Assistance + Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) + coordinate, as appropriate, their prevention, + preparedness, and protection efforts with neighboring + State, local, and tribal governments; and + (2) all high-risk urban areas and other recipients + of grants administered by the Department to prevent, + prepare for, protect against, or respond to natural + disasters, acts of terrorism, or other man-made + disasters (excluding assistance provided under section + 203, title IV, or title V of the Robert T. Stafford + Disaster Relief and Emergency Assistance Act (42 U.S.C. + 5133, 5170 et seq., and 5191 et seq.)) that include or + substantially affect parts or all of more than 1 State + coordinate, as appropriate, across State boundaries, + including, where appropriate, through the use of + regional working groups and requirements for regional + plans. + (b) Planning Committees.-- + (1) In general.--Any State or high-risk urban area + receiving a grant under section 2003 or 2004 shall + establish a planning committee to assist in preparation + and revision of the State, regional, or local homeland + security plan and to assist in determining effective + funding priorities for grants under sections 2003 and + 2004. + (2) Composition.-- + (A) In general.--The planning committee + shall include representatives of significant + stakeholders, including-- + (i) local and tribal government + officials; and + (ii) emergency response providers, + which shall include representatives of + the fire service, law enforcement, + emergency medical response, and + emergency managers. + (B) Geographic representation.--The members + of the planning committee shall be a + representative group of individuals from the + counties, cities, towns, and Indian tribes + within the State or high-risk urban area, + including, as appropriate, representatives of + rural, high-population, and high-threat + jurisdictions. + (3) Existing planning committees.--Nothing in this + subsection may be construed to require that any State + or high-risk urban area create a planning committee if + that State or high-risk urban area has established and + uses a multijurisdictional planning committee or + commission that meets the requirements of this + subsection. + (c) Interagency Coordination.-- + (1) In general.--Not later than 12 months after the + date of enactment of the Implementing Recommendations + of the 9/11 Commission Act of 2007, the Secretary + (acting through the Administrator), the Attorney + General, the Secretary of Health and Human Services, + and the heads of other agencies providing assistance to + State, local, and tribal governments for preventing, + preparing for, protecting against, and responding to + natural disasters, acts of terrorism, and other man- + made disasters, shall jointly-- + (A) compile a comprehensive list of Federal + grant programs for State, local, and tribal + governments for preventing, preparing for, + protecting against, and responding to natural + disasters, acts of terrorism, and other man- + made disasters; + (B) compile the planning, reporting, + application, and other requirements and + guidance for the grant programs described in + subparagraph (A); + (C) develop recommendations, as + appropriate, to-- + (i) eliminate redundant and + duplicative requirements for State, + local, and tribal governments, + including onerous application and + ongoing reporting requirements; + (ii) ensure accountability of the + programs to the intended purposes of + such programs; + (iii) coordinate allocation of + grant funds to avoid duplicative or + inconsistent purchases by the + recipients; + (iv) make the programs more + accessible and user friendly to + applicants; and + (v) ensure the programs are + coordinated to enhance the overall + preparedness of the Nation; + (D) submit the information and + recommendations under subparagraphs (A), (B), + and (C) to the appropriate committees of + Congress; and + (E) provide the appropriate committees of + Congress, the Comptroller General, and any + officer or employee of the Government + Accountability Office with full access to any + information collected or reviewed in preparing + the submission under subparagraph (D). + (2) Scope of task.--Nothing in this subsection + shall authorize the elimination, or the alteration of + the purposes, as delineated by statute, regulation, or + guidance, of any grant program that exists on the date + of the enactment of the Implementing Recommendations of + the 9/11 Commission Act of 2007, nor authorize the + review or preparation of proposals on the elimination, + or the alteration of such purposes, of any such grant + program. + (d) Sense of Congress.--It is the sense of Congress that, +in order to ensure that the Nation is most effectively able to +prevent, prepare for, protect against, and respond to all +hazards, including natural disasters, acts of terrorism, and +other man-made disasters-- + (1) the Department should administer a coherent and + coordinated system of both terrorism-focused and all- + hazards grants; + (2) there should be a continuing and appropriate + balance between funding for terrorism-focused and all- + hazards preparedness, as reflected in the + authorizations of appropriations for grants under the + amendments made by titles I and II, as applicable, of + the Implementing Recommendations of the 9/11 Commission + Act of 2007; and + (3) with respect to terrorism-focused grants, it is + necessary to ensure both that the target capabilities + of the highest risk areas are achieved quickly and that + basic levels of preparedness, as measured by the + attainment of target capabilities, are achieved + nationwide. + +SEC. 2022. [6 U.S.C. 612] ACCOUNTABILITY. + + (a) Audits of Grant Programs.-- + (1) Compliance requirements.-- + (A) Audit requirement.--Each recipient of a + grant administered by the Department that + expends not less than $500,000 in Federal funds + during its fiscal year shall submit to the + Administrator a copy of the organization-wide + financial and compliance audit report required + under chapter 75 of title 31, United States + Code. + (B) Access to information.--The Department + and each recipient of a grant administered by + the Department shall provide the Comptroller + General and any officer or employee of the + Government Accountability Office with full + access to information regarding the activities + carried out related to any grant administered + by the Department. + (C) Improper payments.--Consistent with the + Improper Payments Information Act of 2002 (31 + U.S.C. 3321 note), for each of the grant + programs under sections 2003 and 2004 of this + title and section 662 of the Post-Katrina + Emergency Management Reform Act of 2006 (6 + U.S.C. 762), the Administrator shall specify + policies and procedures for-- + (i) identifying activities funded + under any such grant program that are + susceptible to significant improper + payments; and + (ii) reporting any improper + payments to the Department. + (2) Agency program review.-- + (A) In general.--Not less than once every 2 + years, the Administrator shall conduct, for + each State and high-risk urban area receiving a + grant administered by the Department, a + programmatic and financial review of all grants + awarded by the Department to prevent, prepare + for, protect against, or respond to natural + disasters, acts of terrorism, or other man-made + disasters, excluding assistance provided under + section 203, title IV, or title V of the Robert + T. Stafford Disaster Relief and Emergency + Assistance Act (42 U.S.C. 5133, 5170 et seq., + and 5191 et seq.). + (B) Contents.--Each review under + subparagraph (A) shall, at a minimum, examine-- + (i) whether the funds awarded were + used in accordance with the law, + program guidance, and State homeland + security plans or other applicable + plans; and + (ii) the extent to which funds + awarded enhanced the ability of a + grantee to prevent, prepare for, + protect against, and respond to natural + disasters, acts of terrorism, and other + man-made disasters. + (C) Authorization of appropriations.--In + addition to any other amounts authorized to be + appropriated to the Administrator, there are + authorized to be appropriated to the + Administrator for reviews under this + paragraph-- + (i) $8,000,000 for each of fiscal + years 2008, 2009, and 2010; and + (ii) such sums as are necessary for + fiscal year 2011, and each fiscal year + thereafter. + (3) Office of inspector general performance + audits.-- + (A) In general.--In order to ensure the + effective and appropriate use of grants + administered by the Department, the Inspector + General of the Department each year shall + conduct audits of a sample of States and high- + risk urban areas that receive grants + administered by the Department to prevent, + prepare for, protect against, or respond to + natural disasters, acts of terrorism, or other + man-made disasters, excluding assistance + provided under section 203, title IV, or title + V of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act (42 U.S.C. 5133, 5170 + et seq., and 5191 et seq.). + (B) Determining samples.--The sample + selected for audits under subparagraph (A) + shall be-- + (i) of an appropriate size to-- + (I) assess the overall + integrity of the grant programs + described in subparagraph (A); + and + (II) act as a deterrent to + financial mismanagement; and + (ii) selected based on-- + (I) the size of the grants + awarded to the recipient; + (II) the past grant + management performance of the + recipient; + (III) concerns identified + by the Administrator, including + referrals from the + Administrator; and + (IV) such other factors as + determined by the Inspector + General of the Department. + (C) Comprehensive auditing.--During the 7- + year period beginning on the date of enactment + of the Implementing Recommendations of the 9/11 + Commission Act of 2007, the Inspector General + of the Department shall conduct not fewer than + 1 audit of each State that receives funds under + a grant under section 2003 or 2004. + (D) Report by the inspector general.-- + (i) In general.--The Inspector + General of the Department shall submit + to the appropriate committees of + Congress an annual consolidated report + regarding the audits completed during + the fiscal year before the date of that + report. + (ii) Contents.--Each report + submitted under clause (i) shall + describe, for the fiscal year before + the date of that report-- + (I) the audits conducted + under subparagraph (A); + (II) the findings of the + Inspector General with respect + to the audits conducted under + subparagraph (A); + (III) whether the funds + awarded were used in accordance + with the law, program guidance, + and State homeland security + plans and other applicable + plans; and + (IV) the extent to which + funds awarded enhanced the + ability of a grantee to + prevent, prepare for, protect + against, and respond to natural + disasters, acts of terrorism + and other man-made disasters. + (iii) Deadline.--For each year, the + report required under clause (i) shall + be submitted not later than December + 31. + (E) Public availability on website.--The + Inspector General of the Department shall make + each audit conducted under subparagraph (A) + available on the website of the Inspector + General, subject to redaction as the Inspector + General determines necessary to protect + classified and other sensitive information. + (F) Provision of information to + administrator.--The Inspector General of the + Department shall provide to the Administrator + any findings and recommendations from audits + conducted under subparagraph (A). + (G) Evaluation of grants management and + oversight.--Not later than 1 year after the + date of enactment of the Implementing + Recommendations of the 9/11 Commission Act of + 2007, the Inspector General of the Department + shall review and evaluate the grants management + and oversight practices of the Federal + Emergency Management Agency, including + assessment of and recommendations relating to-- + (i) the skills, resources, and + capabilities of the workforce; and + (ii) any additional resources and + staff necessary to carry out such + management and oversight. + (H) Authorization of appropriations.--In + addition to any other amounts authorized to be + appropriated to the Inspector General of the + Department, there are authorized to be + appropriated to the Inspector General of the + Department for audits under subparagraph (A)-- + (i) $8,500,000 for each of fiscal + years 2008, 2009, and 2010; and + (ii) such sums as are necessary for + fiscal year 2011, and each fiscal year + thereafter. + (4) Performance assessment.--In order to ensure + that States and high-risk urban areas are using grants + administered by the Department appropriately to meet + target capabilities and preparedness priorities, the + Administrator shall-- + (A) ensure that any such State or high-risk + urban area conducts or participates in + exercises under section 648(b) of the Post- + Katrina Emergency Management Reform Act of 2006 + (6 U.S.C. 748(b)); + (B) use performance metrics in accordance + with the comprehensive assessment system under + section 649 of the Post-Katrina Emergency + Management Reform Act of 2006 (6 U.S.C. 749) + and ensure that any such State or high-risk + urban area regularly tests its progress against + such metrics through the exercises required + under subparagraph (A); + (C) use the remedial action management + program under section 650 of the Post-Katrina + Emergency Management Reform Act of 2006 (6 + U.S.C. 750); and + (D) ensure that each State receiving a + grant administered by the Department submits a + report to the Administrator on its level of + preparedness, as required by section 652(c) of + the Post-Katrina Emergency Management Reform + Act of 2006 (6 U.S.C. 752(c)). + (5) Consideration of assessments.--In conducting + program reviews and performance audits under paragraphs + (2) and (3), the Administrator and the Inspector + General of the Department shall take into account the + performance assessment elements required under + paragraph (4). + (6) Recovery audits.--The Administrator shall + conduct a recovery audit (as that term is defined by + the Director of the Office of Management and Budget + under section 3561 of title 31, United States Code) for + any grant administered by the Department with a total + value of not less than $1,000,000, if the Administrator + finds that-- + (A) a financial audit has identified + improper payments that can be recouped; and + (B) it is cost effective to conduct a + recovery audit to recapture the targeted funds. + (7) Remedies for noncompliance.-- + (A) In general.--If, as a result of a + review or audit under this subsection or + otherwise, the Administrator finds that a + recipient of a grant under this title has + failed to substantially comply with any + provision of law or with any regulations or + guidelines of the Department regarding eligible + expenditures, the Administrator shall-- + (i) reduce the amount of payment of + grant funds to the recipient by an + amount equal to the amount of grants + funds that were not properly expended + by the recipient; + (ii) limit the use of grant funds + to programs, projects, or activities + not affected by the failure to comply; + (iii) refer the matter to the + Inspector General of the Department for + further investigation; + (iv) terminate any payment of grant + funds to be made to the recipient; or + (v) take such other action as the + Administrator determines appropriate. + (B) Duration of penalty.--The Administrator + shall apply an appropriate penalty under + subparagraph (A) until such time as the + Administrator determines that the grant + recipient is in full compliance with the law + and with applicable guidelines or regulations + of the Department. + (b) Reports by Grant Recipients.-- + (1) Quarterly reports on homeland security + spending.-- + (A) In general.--As a condition of + receiving a grant under section 2003 or 2004, a + State, high-risk urban area, or directly + eligible tribe shall, not later than 30 days + after the end of each Federal fiscal quarter, + submit to the Administrator a report on + activities performed using grant funds during + that fiscal quarter. + (B) Contents.--Each report submitted under + subparagraph (A) shall at a minimum include, + for the applicable State, high-risk urban area, + or directly eligible tribe, and each subgrantee + thereof-- + (i) the amount obligated to that + recipient under section 2003 or 2004 in + that quarter; + (ii) the amount of funds received + and expended under section 2003 or 2004 + by that recipient in that quarter; and + (iii) a summary description of + expenditures made by that recipient + using such funds, and the purposes for + which such expenditures were made. + (C) End-of-year report.--The report + submitted under subparagraph (A) by a State, + high-risk urban area, or directly eligible + tribe relating to the last quarter of any + fiscal year shall include-- + (i) the amount and date of receipt + of all funds received under the grant + during that fiscal year; + (ii) the identity of, and amount + provided to, any subgrantee for that + grant during that fiscal year; + (iii) the amount and the dates of + disbursements of all such funds + expended in compliance with section + 2021(a)(1) or under mutual aid + agreements or other sharing + arrangements that apply within the + State, high-risk urban area, or + directly eligible tribe, as applicable, + during that fiscal year; and + (iv) how the funds were used by + each recipient or subgrantee during + that fiscal year. + (2) Annual report.--Any State applying for a grant + under section 2004 shall submit to the Administrator + annually a State preparedness report, as required by + section 652(c) of the Post-Katrina Emergency Management + Reform Act of 2006 (6 U.S.C. 752(c)). + (c) Reports by the Administrator.-- + (1) Federal preparedness report.--The Administrator + shall submit to the appropriate committees of Congress + annually the Federal Preparedness Report required under + section 652(a) of the Post-Katrina Emergency Management + Reform Act of 2006 (6 U.S.C. 752(a)). + (2) Risk assessment.-- + (A) In general.--For each fiscal year, the + Administrator shall provide to the appropriate + committees of Congress a detailed and + comprehensive explanation of the methodologies + used to calculate risk and compute the + allocation of funds for grants administered by + the Department, including-- + (i) all variables included in the + risk assessment and the weights + assigned to each such variable; + (ii) an explanation of how each + such variable, as weighted, correlates + to risk, and the basis for concluding + there is such a correlation; and + (iii) any change in the + methodologies from the previous fiscal + year, including changes in variables + considered, weighting of those + variables, and computational methods. + (B) Classified annex.--The information + required under subparagraph (A) shall be + provided in unclassified form to the greatest + extent possible, and may include a classified + annex if necessary. + (C) Deadline.--For each fiscal year, the + information required under subparagraph (A) + shall be provided on the earlier of-- + (i) October 31; or + (ii) 30 days before the issuance of + any program guidance for grants + administered by the Department. + (3) Tribal funding report.--At the end of each + fiscal year, the Administrator shall submit to the + appropriate committees of Congress a report setting + forth the amount of funding provided during that fiscal + year to Indian tribes under any grant program + administered by the Department, whether provided + directly or through a subgrant from a State or high- + risk urban area. +</pre> + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of Homeland Security Act of 2002, by +Committee on Homeland Security, U.S. House of Representatives + +*** END OF THIS PROJECT GUTENBERG EBOOK HOMELAND SECURITY ACT OF 2002 *** + +***** This file should be named 30632-h.htm or 30632-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/0/6/3/30632/ + +Produced by Michael Twinchek + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Homeland Security Act of 2002 + Updated Through October 14, 2008 + +Author: Committee on Homeland Security, U.S. House of Representatives + +Editor: Michael Twinchek + +Release Date: December 8, 2009 [EBook #30632] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK HOMELAND SECURITY ACT OF 2002 *** + + + + +Produced by Michael Twinchek + + + + + + + + + +<DOC> +[110 House Committee Prints] +[From the U.S. Government Printing Office via GPO Access] +[DOCID: f:45834.wais] + + + 110th Congress Committee + 2nd Session COMMITTEE PRINT Print 110-C +_______________________________________________________________________ + + + COMPILATION + + of the + + HOMELAND SECURITY + ACT OF + 2002 + + (updated with amendments made through + p.l. 110-417 (october 14, 2008)) + + __________ + + prepared for the use of the + + COMMITTEE ON HOMELAND SECURITY + + of the + + HOUSE OF REPRESENTATIVES + + SECOND SESSION + + __________ + + + + [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] + __________ + + U.S. GOVERNMENT PRINTING OFFICE +45-834 WASHINGTON : 2008 + + + + + + + + COMMITTEE ON HOMELAND SECURITY + + BENNIE G. THOMPSON, Mississippi, Chairman + +LORETTA SANCHEZ, California, PETER T. KING, New York +EDWARD J. MARKEY, Massachusetts LAMAR SMITH, Texas +NORMAN D. DICKS, Washington CHRISTOPHER SHAYS, Connecticut +JANE HARMAN, California MARK E. SOUDER, Indiana +PETER A. DeFAZIO, Oregon TOM DAVIS, Virginia +NITA M. LOWEY, New York DANIEL E. LUNGREN, California +ELEANOR HOLMES NORTON, District of MIKE ROGERS, Alabama +Columbia DAVID G. REICHERT, Washington +ZOE LOFGREN, California MICHAEL T. McCAUL, Texas +SHEILA JACKSON-LEE, Texas CHARLES W. DENT, Pennsylvania +DONNA M. CHRISTENSEN, U.S. Virgin GINNY BROWN-WAITE, Florida +Islands GUS M. BILIRAKIS, Florida +BOB ETHERIDGE, North Carolina DAVID DAVIS, Tennessee +JAMES R. LANGEVIN, Rhode Island PAUL C. BROUN, Georgia +HENRY CUELLAR, Texas CANDICE S. MILLER, Michigan +CHRISTOPHER P. CARNEY, Pennsylvania +YVETTE D. CLARKE, New York +AL GREEN, Texas +ED PERLMUTTER, Colorado +BILL PASCRELL, Jr., Colorado + + I. Lanier Avant, Staff Director + Rosaline Cohen, Chief Counsel + Michael Twinchek, Chief Clerk + Robert O'Connor, Minority Staff Director + + (II) + + + + + + + + + + + P R E F A C E + +This book is designed as a ready reference of the Homeland + Security Act of 2002 (Public Law 107-296), as amended through + Public Law 110-417. The information contained herein is current + as of December 2008. +This document was prepared by the Office of the Legislative + Counsel. The Committee is appreciative of their hard work and + dedication. The Committee would like to acknowledge the work of + the Staff of the Office of the Legislative Counsel including: + Craig Sterkx, Pam Griffiths, and Tom Meryweather. + + + + + + + + + + + + C O N T E N T S + + Homeland Security Act of 2002 - Amended through P.L. 110-417 + + Title I-Department of Homeland Security...................... 10 + Title II-Information Analysis and Infrastructure Protection.. 14 + Subtitle A-Information Analysis and Infrastructure + Protection; Access to Information...................... 14 + Subtitle B-Critical Infrastructure Information........... 40 + Title III-Science and Technology In Support of Homeland + Security................................................... 53 + Title IV-Directorate of Border and Transportation Security... 74 + Subtitle A-Under Secretary for Border and Transportation + Security............................................... 74 + Subtitle B-United States Customs Service................. 75 + Subtitle C-Miscellaneous Provisions...................... 78 + Subtitle D-Immigration Enforcement Functions............. 87 + Subtitle E-Citizenship and Immigration Services.......... 90 + Subtitle F-General Immigration Provisions................ 101 + Title V-National Emergency Management........................ 108 + Title VI-Treatment of Charitable Trusts for members of the + Armed Forces of the United States and Other Governmental + Organizations.............................................. 134 + Title VII-Management......................................... 137 + Title VIII-Coordination with Non-Federal Entities; Inspector + General; United States Secret Servicel Coast Guard; General + Provisions................................................. 145 + Subtitle A-Coordination with Non-Federal Entitites....... 145 + Subtitle B-Inspector General............................. 149 + Subtitle C-United States Secret Service.................. 146 + Subtitle D-Acquisitions.................................. 147 + Subtitle E-Human Resources Management.................... 152 + Subtitle F-Federal Emergency Procurement Flexibility..... 158 + Subtitle G-Support Anti-terrorism by Fostering Effective + Technologies Act of 2002............................... 161 + Subtitle H-Miscellaneous Provisions...................... 165 + Subtitle I-Information Sharing........................... 176 + Subtitle J-Secure Handling of Ammonium Nitrate........... 181 + Title IX-National Homeland Security Council.................. 188 + Title X-Information Security................................. 189 + Title XI-Department of Justice Divisions..................... 189 + Subtitle A-Executive Office for Immigration Review....... 1189 + Subtitle B-Transfer of the Bureau of Alcohol, Tobacco and + Firearms to the Department of Justice.................. 190 + Subtitle C-Explosives.................................... 192 + Title XII-Airline War Risk Insurance Legislation............. 192 + Title XIII-Federal Workforce Improvement..................... 193 + Subtitle A-Chief Human Cap[ital Officers................. 193 + Subtitle B-Reforms Relating to Federal Human Capital + Management............................................. 194 + Subtitle C-Reforms Relating to the Senior Executive + Service................................................ 195 + Subtitle D-Academic Training............................. 195 + Title XIV-Arming Pilots Against Terrorism.................... 196 + Title XV-Transition.......................................... 197 + Subtitle A-Reorganization Plan........................... 197 + Subtitle B-Transitional Provisions....................... 198 + Title XVII-Conformaing and Technical Amendments.............. 201 + Title XVIII-Emergency Communications......................... 203 + Title XIX-Domestic Nuclear Detection Office.................. 216 + Title XX-Homeland Security Grants............................ 220 + Subtitle A-Grants to States and High-Risk Urban Areas.... 223 + Subtitle B-Grants Administration......................... 235 + HOMELAND SECURITY ACT OF 2002 + + [As Amended Through P.L. 110-417, Enacted October 14, 2008] + +AN ACT To establish the Department of Homeland Security, and for other + purposes. + + Be it enacted by the Senate and House of Representatives of +the United States of America in Congress assembled, + +SECTION 1. SHORT TITLE; TABLE OF CONTENTS. + + (a) [6 U.S.C. 101] Short Title.--This Act may be cited as +the ``Homeland Security Act of 2002''. + (b) Table of Contents.--The table of contents for this Act +is as follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Definitions. +Sec. 3. Construction; severability. +Sec. 4. Effective date. + + TITLE I--DEPARTMENT OF HOMELAND SECURITY + +Sec. 101. Executive department; mission. +Sec. 102. Secretary; functions. +Sec. 103. Other officers. + + TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION + + Subtitle A--Information and Analysis and Infrastructure Protection; + Access to Information + +Sec. 201. Information and Analysis and Infrastructure Protection. +Sec. 202. Access to information. +Sec. 203. Homeland Security Advisory System. +Sec. 204. Homeland security information sharing. +Sec. 205. Comprehensive information technology network architecture. +Sec. 206. Coordination with information sharing environment. +Sec. 207. Intelligence components. +Sec. 208. Training for employees of intelligence components. +Sec. 209. Intelligence training development for State and local + government officials. +Sec. 210. Information sharing incentives. +Sec. 210A. Department of Homeland Security State, Local, and Regional + Information Fusion Center Initiative. +Sec. 210B. Homeland Security Information Sharing Fellows Program. +Sec. 210C. Rural Policing Institute. +Sec. 210D. Interagency Threat Assessment and Coordination Group. +Sec. 210E. National Asset Database. + + Subtitle B--Critical Infrastructure Information + +Sec. 211. Short title. +Sec. 212. Definitions. +Sec. 213. Designation of critical infrastructure protection program. +Sec. 214. Protection of voluntarily shared critical infrastructure + information. +Sec. 215. No private right of action. + + Subtitle C--Information Security + +Sec. 221. Procedures for sharing information. +Sec. 222. Privacy Officer. +Sec. 223. Enhancement of non-Federal cybersecurity. +Sec. 224. Net guard. +Sec. 225. Cyber Security Enhancement Act of 2002. + + Subtitle D--Office of Science and Technology + +Sec. 231. Establishment of office; Director. +Sec. 232. Mission of office; duties. +Sec. 233. Definition of law enforcement technology. +Sec. 234. Abolishment of Office of Science and Technology of National + Institute of Justice; transfer of functions. +Sec. 235. National Law Enforcement and Corrections Technology Centers. +Sec. 236. Coordination with other entities within Department of Justice. +Sec. 237. Amendments relating to National Institute of Justice. + + TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY + +Sec. 301. Under Secretary for Science and Technology. +Sec. 302. Responsibilities and authorities of the Under Secretary for + Science and Technology. +Sec. 303. Functions transferred. +Sec. 304. Conduct of certain public health-related activities. +Sec. 305. Federally funded research and development centers. +Sec. 306. Miscellaneous provisions. +Sec. 307. Homeland Security Advanced Research Projects Agency. +Sec. 308. Conduct of research, development, demonstration, testing and + evaluation. +Sec. 309. Utilization of Department of Energy national laboratories and + sites in support of homeland security activities. +Sec. 310. Transfer of Plum Island Animal Disease Center, Department of + Agriculture. +Sec. 311. Homeland Security Science and Technology Advisory Committee. +Sec. 312. Homeland Security Institute. +Sec. 313. Technology clearinghouse to encourage and support innovative + solutions to enhance homeland security. +Sec. 314. Office for Interoperability and Compatibility. +Sec. 315. Emergency communications interoperability research and + development. +Sec. 316. National Biosurveillance Integration Center. +Sec. 317. Promoting antiterrorism through international cooperation + program. + + TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY + + Subtitle A--Under Secretary for Border and Transportation Security + +Sec. 401. Under Secretary for Border and Transportation Security. +Sec. 402. Responsibilities. +Sec. 403. Functions transferred. + + Subtitle B--United States Customs Service + +Sec. 411. Establishment; Commissioner of Customs. +Sec. 412. Retention of customs revenue functions by Secretary of the + Treasury. +Sec. 413. Preservation of customs funds. +Sec. 414. Separate budget request for customs. +Sec. 415. Definition. +Sec. 416. GAO report to Congress. +Sec. 417. Allocation of resources by the Secretary. +Sec. 418. Reports to Congress. +Sec. 419. Customs user fees. + + Subtitle C--Miscellaneous Provisions + +Sec. 421. Transfer of certain agricultural inspection functions of the + Department of Agriculture. +Sec. 422. Functions of Administrator of General Services. +Sec. 423. Functions of Transportation Security Administration. +Sec. 424. Preservation of Transportation Security Administration as a + distinct entity. +Sec. 425. Explosive detection systems. +Sec. 426. Transportation security. +Sec. 427. Coordination of information and information technology. +Sec. 428. Visa issuance. +Sec. 429. Information on visa denials required to be entered into + electronic data system. +Sec. 430. Office for Domestic Preparedness. +Sec. 431. Office of Cargo Security Policy. + + Subtitle D--Immigration Enforcement Functions + +Sec. 441. Transfer of functions to Under Secretary for Border and + Transportation Security. +Sec. 442. Establishment of Bureau of Border Security. +Sec. 443. Professional responsibility and quality review. +Sec. 444. Employee discipline. +Sec. 445. Report on improving enforcement functions. +Sec. 446. Sense of Congress regarding construction of fencing near San + Diego, California. + + Subtitle E--Citizenship and Immigration Services + +Sec. 451. Establishment of Bureau of Citizenship and Immigration + Services. +Sec. 452. Citizenship and Immigration Services Ombudsman. +Sec. 453. Professional responsibility and quality review. +Sec. 454. Employee discipline. +Sec. 455. Effective date. +Sec. 456. Transition. +Sec. 457. Funding for citizenship and immigration services. +Sec. 458. Backlog elimination. +Sec. 459. Report on improving immigration services. +Sec. 460. Report on responding to fluctuating needs. +Sec. 461. Application of Internet-based technologies. +Sec. 462. Children's affairs. + + Subtitle F--General Immigration Provisions + +Sec. 471. Abolishment of INS. +Sec. 472. Voluntary separation incentive payments. +Sec. 473. Authority to conduct a demonstration project relating to + disciplinary action. +Sec. 474. Sense of Congress. +Sec. 475. Director of Shared Services. +Sec. 476. Separation of funding. +Sec. 477. Reports and implementation plans. +Sec. 478. Immigration functions. + + TITLE V--NATIONAL EMERGENCY MANAGEMENT + +Sec. 501. Definitions. +Sec. 502. Definition. +Sec. 503. Federal Emergency Management Agency. +Sec. 504. Authorities and responsibilities. +Sec. 505. Functions transferred. +Sec. 506. Preserving the Federal Emergency Management Agency. +Sec. 507. Regional Offices. +Sec. 508. National Advisory Council. +Sec. 509. National Integration Center. +Sec. 510. Credentialing and typing. +Sec. 511. The National Infrastructure Simulation and Analysis Center. +Sec. 512. Evacuation plans and exercises. +Sec. 513. Disability Coordinator. +Sec. 514. Department and Agency officials. +Sec. 515. National Operations Center. +Sec. 516. Chief Medical Officer. +Sec. 517. Nuclear incident response. +Sec. 518. Conduct of certain public health-related activities. +Sec. 519. Use of national private sector networks in emergency response. +Sec. 520. Use of commercially available technology, goods, and services. +Sec. 521. Procurement of security countermeasures for strategic national + stockpile. +Sec. 522. Model standards and guidelines for critical infrastructure + workers. +Sec. 523. Guidance and recommendations. \1\ +Sec. 524. Voluntary private sector preparedness accreditation and + certification program. \1\ + +--------------------------------------------------------------------------- + \1\ The placement of items relating to sections 523 and 524 in the +table of contents in section 1(b) were added at the end of the items in +title V in order to reflect the probable intent of Congress. See +amendment made by section 901(e) of Public Law 110-53. +--------------------------------------------------------------------------- + +TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES + OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS + +Sec. 601. Treatment of charitable trusts for members of the Armed Forces + of the United States and other governmental organizations. + + TITLE VII--MANAGEMENT + +Sec. 701. Under Secretary for Management. +Sec. 702. Chief Financial Officer. +Sec. 703. Chief Information Officer. +Sec. 704. Chief Human Capital Officer. +Sec. 705. Establishment of Officer for Civil Rights and Civil Liberties. +Sec. 706. Consolidation and co-location of offices. +Sec. 707. Quadrennial Homeland Security Review. + + TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; + UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS + + Subtitle A--Coordination with Non-Federal Entities + +Sec. 801. Office for State and Local Government Coordination. + + Subtitle B--Inspector General + +Sec. 811. Authority of the Secretary. +Sec. 812. Law enforcement powers of Inspector General agents. + + Subtitle C--United States Secret Service + +Sec. 821. Functions transferred. + + Subtitle D--Acquisitions + +Sec. 831. Research and development projects. +Sec. 832. Personal services. +Sec. 833. Special streamlined acquisition authority. +Sec. 834. Unsolicited proposals. +Sec. 835. Prohibition on contracts with corporate expatriates. + + Subtitle E--Human Resources Management + +Sec. 841. Establishment of Human Resources Management System. +Sec. 842. Labor-management relations. +Sec. 843. Use of counternarcotics enforcement activities in certain + employee performance appraisals. +Sec. 844. Homeland Security Rotation Program. +Sec. 845. Homeland Security Education Program. + + Subtitle F--Federal Emergency Procurement Flexibility + +Sec. 851. Definition. +Sec. 852. Procurements for defense against or recovery from terrorism or + nuclear, biological, chemical, or radiological attack. +Sec. 853. Increased simplified acquisition threshold for procurements in + support of humanitarian or peacekeeping operations or + contingency operations. +Sec. 854. Increased micro-purchase threshold for certain procurements. +Sec. 855. Application of certain commercial items authorities to certain + procurements. +Sec. 856. Use of streamlined procedures. +Sec. 857. Review and report by Comptroller General. +Sec. 858. Identification of new entrants into the Federal marketplace. + + Subtitle G--Support Anti-terrorism by Fostering Effective Technologies + Act of 2002 + +Sec. 861. Short title. +Sec. 862. Administration. +Sec. 863. Litigation management. +Sec. 864. Risk management. +Sec. 865. Definitions. + + Subtitle H--Miscellaneous Provisions + +Sec. 871. Advisory committees. +Sec. 872. Reorganization. +Sec. 873. Use of appropriated funds. +Sec. 874. Future Year Homeland Security Program. +Sec. 875. Miscellaneous authorities. +Sec. 876. Military activities. +Sec. 877. Regulatory authority and preemption. +Sec. 878. Counternarcotics officer. +Sec. 879. Office of International Affairs. +Sec. 880. Prohibition of the Terrorism Information and Prevention + System. +Sec. 881. Review of pay and benefit plans. +Sec. 882. Office for National Capital Region Coordination. +Sec. 883. Requirement to comply with laws protecting equal employment + opportunity and providing whistleblower protections. +Sec. 884. Federal Law Enforcement Training Center. +Sec. 885. Joint Interagency Task Force. +Sec. 886. Sense of Congress reaffirming the continued importance and + applicability of the Posse Comitatus Act. +Sec. 887. Coordination with the Department of Health and Human Services + under the Public Health Service Act. +Sec. 888. Preserving Coast Guard mission performance. +Sec. 889. Homeland security funding analysis in President's budget. +Sec. 890. Air Transportation Safety and System Stabilization Act. + + Subtitle I--Information Sharing + +Sec. 891. Short title; findings; and sense of Congress. +Sec. 892. Facilitating homeland security information sharing procedures. +Sec. 893. Report. +Sec. 894. Authorization of appropriations. +Sec. 895. Authority to share grand jury information. +Sec. 896. Authority to share electronic, wire, and oral interception + information. +Sec. 897. Foreign intelligence information. +Sec. 898. Information acquired from an electronic surveillance. +Sec. 899. Information acquired from a physical search. + + Subtitle J--Secure Handling of Ammonium Nitrate + +Sec. 899A. Definitions. +Sec. 899B. Regulation of the sale and transfer of ammonium nitrate. +Sec. 899C. Inspection and auditing of records. +Sec. 899D. Administrative provisions. +Sec. 899E. Theft reporting requirement. +Sec. 899F. Prohibitions and penalty. +Sec. 899G. Protection from civil liability. +Sec. 899H. Preemption of other laws. +Sec. 899I. Deadlines for regulations. +Sec. 899J. Authorization of appropriations. + + TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL + +Sec. 901. National Homeland Security Council. +Sec. 902. Function. +Sec. 903. Membership. +Sec. 904. Other functions and activities. +Sec. 905. Staff composition. +Sec. 906. Relation to the National Security Council. + + TITLE X--INFORMATION SECURITY + +Sec. 1001. Information security. +Sec. 1002. Management of information technology. +Sec. 1003. National Institute of Standards and Technology. +Sec. 1004. Information Security and Privacy Advisory Board. +Sec. 1005. Technical and conforming amendments. +Sec. 1006. Construction. + + TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS + + Subtitle A--Executive Office for Immigration Review + +Sec. 1101. Legal status of EOIR. +Sec. 1102. Authorities of the Attorney General. +Sec. 1103. Statutory construction. + + Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to + the Department of Justice + +Sec. 1111. Bureau of Alcohol, Tobacco, Firearms, and Explosives. +Sec. 1112. Technical and conforming amendments. +Sec. 1113. Powers of agents of the Bureau of Alcohol, Tobacco, Firearms, + and Explosives. +Sec. 1114. Explosives training and research facility. +Sec. 1115. Personnel management demonstration project. + + Subtitle C--Explosives + +Sec. 1121. Short title. +Sec. 1122. Permits for purchasers of explosives. +Sec. 1123. Persons prohibited from receiving or possessing explosive + materials. +Sec. 1124. Requirement to provide samples of explosive materials and + ammonium nitrate. +Sec. 1125. Destruction of property of institutions receiving Federal + financial assistance. +Sec. 1126. Relief from disabilities. +Sec. 1127. Theft reporting requirement. +Sec. 1128. Authorization of appropriations. + + TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION + +Sec. 1201. Air carrier liability for third party claims arising out of + acts of terrorism. +Sec. 1202. Extension of insurance policies. +Sec. 1203. Correction of reference. +Sec. 1204. Report. + + TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT + + Subtitle A--Chief Human Capital Officers + +Sec. 1301. Short title. +Sec. 1302. Agency Chief Human Capital Officers. +Sec. 1303. Chief Human Capital Officers Council. +Sec. 1304. Strategic human capital management. +Sec. 1305. Effective date. + + Subtitle B--Reforms Relating to Federal Human Capital Management + +Sec. 1311. Inclusion of agency human capital strategic planning in + performance plans and programs performance reports. +Sec. 1312. Reform of the competitive service hiring process. +Sec. 1313. Permanent extension, revision, and expansion of authorities + for use of voluntary separation incentive pay and voluntary + early retirement. +Sec. 1314. Student volunteer transit subsidy. + + Subtitle C--Reforms Relating to the Senior Executive Service + +Sec. 1321. Repeal of recertification requirements of senior executives. +Sec. 1322. Adjustment of limitation on total annual compensation. + + Subtitle D--Academic Training + +Sec. 1331. Academic training. +Sec. 1332. Modifications to National Security Education Program. + + TITLE XIV--ARMING PILOTS AGAINST TERRORISM + +Sec. 1401. Short title. +Sec. 1402. Federal Flight Deck Officer Program. +Sec. 1403. Crew training. +Sec. 1404. Commercial airline security study. +Sec. 1405. Authority to arm flight deck crew with less-than-lethal + weapons. +Sec. 1406. Technical amendments. + + TITLE XV--TRANSITION + + Subtitle A--Reorganization Plan + +Sec. 1501. Definitions. +Sec. 1502. Reorganization plan. +Sec. 1503. Review of congressional committee structures. + + Subtitle B--Transitional Provisions + +Sec. 1511. Transitional authorities. +Sec. 1512. Savings provisions. +Sec. 1513. Terminations. +Sec. 1514. National identification system not authorized. +Sec. 1515. Continuity of Inspector General oversight. +Sec. 1516. Incidental transfers. +Sec. 1517. Reference. + + TITLE XVI--CORRECTIONS TO EXISTING LAW RELATING TO AIRLINE + TRANSPORTATION SECURITY + +Sec. 1601. Retention of security sensitive information authority at + Department of Transportation. +Sec. 1602. Increase in civil penalties. +Sec. 1603. Allowing United States citizens and United States nationals + as screeners. + + TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS + +Sec. 1701. Inspector General Act of 1978. +Sec. 1702. Executive Schedule. +Sec. 1703. United States Secret Service. +Sec. 1704. Coast Guard. +Sec. 1705. Strategic national stockpile and smallpox vaccine + development. +Sec. 1706. Transfer of certain security and law enforcement functions + and authorities. +Sec. 1707. Transportation security regulations. +Sec. 1708. National Bio-Weapons Defense Analysis Center. +Sec. 1709. Collaboration with the Secretary of Homeland Security. +Sec. 1710. Railroad safety to include railroad security. +Sec. 1711. Hazmat safety to include hazmat security. +Sec. 1712. Office of Science and Technology Policy. +Sec. 1713. National Oceanographic Partnership Program. +Sec. 1714. Clarification of definition of manufacturer. +Sec. 1715. Clarification of definition of vaccine-related injury or + death. +Sec. 1716. Clarification of definition of vaccine. +Sec. 1717. Effective date. + + TITLE XVIII--EMERGENCY COMMUNICATIONS + +Sec. 1801. Office for Emergency Communications. +Sec. 1802. National Emergency Communications Plan. +Sec. 1803. Assessments and reports. +Sec. 1804. Coordination of Federal emergency communications grant + programs. +Sec. 1805. Regional emergency communications coordination. +Sec. 1806. Emergency Communications Preparedness Center. +Sec. 1807. Urban and other high risk area communications capabilities. +Sec. 1808. Definition. +Sec. 1809. Interoperable Emergency Communications Grant Program. +Sec. 1810. Border interoperability demonstration project. + + TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE + +Sec. 1901. Domestic Nuclear Detection Office. +Sec. 1902. Mission of Office. +Sec. 1903. Hiring authority. +Sec. 1904. Testing authority. +Sec. 1905. Relationship to other Department entities and Federal + agencies. +Sec. 1906. Contracting and grant making authorities. +Sec. 1907. Joint annual interagency review of global nuclear detection + architecture. + + TITLE XX--HOMELAND SECURITY GRANTS + +Sec. 2001. Definitions. + + Subtitle A--Grants to States and High-Risk Urban Areas + +Sec. 2002. Homeland Security Grant Programs. +Sec. 2003. Urban Area Security Initiative. +Sec. 2004. State Homeland Security Grant Program. +Sec. 2005. Grants to directly eligible tribes. +Sec. 2006. Terrorism prevention. +Sec. 2007. Prioritization. +Sec. 2008. Use of funds. + + Subtitle B--Grants Administration + +Sec. 2021. Administration and coordination. +Sec. 2022. Accountability. + +SEC. 2. [6 U.S.C. 101] DEFINITIONS. + + In this Act, the following definitions apply: + (1) Each of the terms ``American homeland'' and + ``homeland'' means the United States. + (2) The term ``appropriate congressional + committee'' means any committee of the House of + Representatives or the Senate having legislative or + oversight jurisdiction under the Rules of the House of + Representatives or the Senate, respectively, over the + matter concerned. + (3) The term ``assets'' includes contracts, + facilities, property, records, unobligated or + unexpended balances of appropriations, and other funds + or resources (other than personnel). + (4) The term ``critical infrastructure'' has the + meaning given that term in section 1016(e) of Public + Law 107-56 (42 U.S.C. 5195c(e)). + (5) The term ``Department'' means the Department of + Homeland Security. + (6) The term ``emergency response providers'' + includes Federal, State, and local governmental and + nongovernmental emergency public safety, fire, law + enforcement, emergency response, emergency medical + (including hospital emergency facilities), and related + personnel, agencies, and authorities. + (7) The term ``executive agency'' means an + executive agency and a military department, as defined, + respectively, in sections 105 and 102 of title 5, + United States Code. + (8) The term ``functions'' includes authorities, + powers, rights, privileges, immunities, programs, + projects, activities, duties, and responsibilities. + (9) The term ``intelligence component of the + Department'' means any element or entity of the + Department that collects, gathers, processes, analyzes, + produces, or disseminates intelligence information + within the scope of the information sharing + environment, including homeland security information, + terrorism information, and weapons of mass destruction + information, or national intelligence, as defined under + section 3(5) of the National Security Act of 1947 (50 + U.S.C. 401a(5)), except-- + (A) the United States Secret Service; and + (B) the Coast Guard, when operating under + the direct authority of the Secretary of + Defense or Secretary of the Navy pursuant to + section 3 of title 14, United States Code, + except that nothing in this paragraph shall + affect or diminish the authority and + responsibilities of the Commandant of the Coast + Guard to command or control the Coast Guard as + an armed force or the authority of the Director + of National Intelligence with respect to the + Coast Guard as an element of the intelligence + community (as defined under section 3(4) of the + National Security Act of 1947 (50 U.S.C. + 401a(4)). + (10) The term ``key resources'' means publicly or + privately controlled resources essential to the minimal + operations of the economy and government. + (11) The term ``local government'' means-- + (A) a county, municipality, city, town, + township, local public authority, school + district, special district, intrastate + district, council of governments (regardless of + whether the council of governments is + incorporated as a nonprofit corporation under + State law), regional or interstate government + entity, or agency or instrumentality of a local + government; + (B) an Indian tribe or authorized tribal + organization, or in Alaska a Native village or + Alaska Regional Native Corporation; and + (C) a rural community, unincorporated town + or village, or other public entity. + (12) The term ``major disaster'' has the meaning + given in section 102(2) of the Robert T. Stafford + Disaster Relief and Emergency Assistance Act (42 U.S.C. + 5122). + (13) The term ``personnel'' means officers and + employees. + (14) The term ``Secretary'' means the Secretary of + Homeland Security. + (15) The term ``State'' means any State of the + United States, the District of Columbia, the + Commonwealth of Puerto Rico, the Virgin Islands, Guam, + American Samoa, the Commonwealth of the Northern + Mariana Islands, and any possession of the United + States. + (16) The term ``terrorism'' means any activity + that-- + (A) involves an act that-- + (i) is dangerous to human life or + potentially destructive of critical + infrastructure or key resources; and + (ii) is a violation of the criminal + laws of the United States or of any + State or other subdivision of the + United States; and + (B) appears to be intended-- + (i) to intimidate or coerce a + civilian population; + (ii) to influence the policy of a + government by intimidation or coercion; + or + (iii) to affect the conduct of a + government by mass destruction, + assassination, or kidnapping. + (17)(A) The term ``United States'', when used in a + geographic sense, means any State of the United States, + the District of Columbia, the Commonwealth of Puerto + Rico, the Virgin Islands, Guam, American Samoa, the + Commonwealth of the Northern Mariana Islands, any + possession of the United States, and any waters within + the jurisdiction of the United States. + (B) Nothing in this paragraph or any other + provision of this Act shall be construed to modify the + definition of ``United States'' for the purposes of the + Immigration and Nationality Act or any other + immigration or nationality law. + (18) The term ``voluntary preparedness standards'' + means a common set of criteria for preparedness, + disaster management, emergency management, and business + continuity programs, such as the American National + Standards Institute's National Fire Protection + Association Standard on Disaster/Emergency Management + and Business Continuity Programs (ANSI/NFPA 1600). + +SEC. 3. [6 U.S.C. 102] CONSTRUCTION; SEVERABILITY. + + Any provision of this Act held to be invalid or +unenforceable by its terms, or as applied to any person or +circumstance, shall be construed so as to give it the maximum +effect permitted by law, unless such holding shall be one of +utter invalidity or unenforceability, in which event such +provision shall be deemed severable from this Act and shall not +affect the remainder thereof, or the application of such +provision to other persons not similarly situated or to other, +dissimilar circumstances. + +SEC. 4. [6 U.S.C. 101 NOTE] EFFECTIVE DATE. + + This Act shall take effect 60 days after the date of +enactment. + + TITLE I--DEPARTMENT OF HOMELAND SECURITY + +SEC. 101. [6 U.S.C. 111] EXECUTIVE DEPARTMENT; MISSION. + + (a) Establishment.--There is established a Department of +Homeland Security, as an executive department of the United +States within the meaning of title 5, United States Code. + (b) Mission.-- + (1) In general.--The primary mission of the + Department is to-- + (A) prevent terrorist attacks within the + United States; + (B) reduce the vulnerability of the United + States to terrorism; + (C) minimize the damage, and assist in the + recovery, from terrorist attacks that do occur + within the United States; + (D) carry out all functions of entities + transferred to the Department, including by + acting as a focal point regarding natural and + manmade crises and emergency planning; + (E) ensure that the functions of the + agencies and subdivisions within the Department + that are not related directly to securing the + homeland are not diminished or neglected except + by a specific explicit Act of Congress; + (F) ensure that the overall economic + security of the United States is not diminished + by efforts, activities, and programs aimed at + securing the homeland; + (G) ensure that the civil rights and civil + liberties of persons are not diminished by + efforts, activities, and programs aimed at + securing the homeland; and + (H) monitor connections between illegal + drug trafficking and terrorism, coordinate + efforts to sever such connections, and + otherwise contribute to efforts to interdict + illegal drug trafficking. + (2) Responsibility for investigating and + prosecuting terrorism.--Except as specifically provided + by law with respect to entities transferred to the + Department under this Act, primary responsibility for + investigating and prosecuting acts of terrorism shall + be vested not in the Department, but rather in Federal, + State, and local law enforcement agencies with + jurisdiction over the acts in question. + +SEC. 102. [6 U.S.C. 112] SECRETARY; FUNCTIONS. + + (a) Secretary.-- + (1) In general.--There is a Secretary of Homeland + Security, appointed by the President, by and with the + advice and consent of the Senate. + (2) Head of department.--The Secretary is the head + of the Department and shall have direction, authority, + and control over it. + (3) Functions vested in secretary.--All functions + of all officers, employees, and organizational units of + the Department are vested in the Secretary. + (b) Functions.--The Secretary-- + (1) except as otherwise provided by this Act, may + delegate any of the Secretary's functions to any + officer, employee, or organizational unit of the + Department; + (2) shall have the authority to make contracts, + grants, and cooperative agreements, and to enter into + agreements with other executive agencies, as may be + necessary and proper to carry out the Secretary's + responsibilities under this Act or otherwise provided + by law; and + (3) shall take reasonable steps to ensure that + information systems and databases of the Department are + compatible with each other and with appropriate + databases of other Departments. + (c) Coordination With Non-Federal Entities.--With respect +to homeland security, the Secretary shall coordinate through +the Office of State and Local Coordination (established under +section 801) (including the provision of training and +equipment) with State and local government personnel, agencies, +and authorities, with the private sector, and with other +entities, including by-- + (1) coordinating with State and local government + personnel, agencies, and authorities, and with the + private sector, to ensure adequate planning, equipment, + training, and exercise activities; + (2) coordinating and, as appropriate, + consolidating, the Federal Government's communications + and systems of communications relating to homeland + security with State and local government personnel, + agencies, and authorities, the private sector, other + entities, and the public; and + (3) distributing or, as appropriate, coordinating + the distribution of, warnings and information to State + and local government personnel, agencies, and + authorities and to the public. + (d) Meetings of National Security Council.--The Secretary +may, subject to the direction of the President, attend and +participate in meetings of the National Security Council. + (e) Issuance of Regulations.--The issuance of regulations +by the Secretary shall be governed by the provisions of chapter +5 of title 5, United States Code, except as specifically +provided in this Act, in laws granting regulatory authorities +that are transferred by this Act, and in laws enacted after the +date of enactment of this Act. + (f) Special Assistant to the Secretary.--The Secretary +shall appoint a Special Assistant to the Secretary who shall be +responsible for-- + (1) creating and fostering strategic communications + with the private sector to enhance the primary mission + of the Department to protect the American homeland; + (2) advising the Secretary on the impact of the + Department's policies, regulations, processes, and + actions on the private sector; + (3) interfacing with other relevant Federal + agencies with homeland security missions to assess the + impact of these agencies' actions on the private + sector; + (4) creating and managing private sector advisory + councils composed of representatives of industries and + associations designated by the Secretary to-- + (A) advise the Secretary on private sector + products, applications, and solutions as they + relate to homeland security challenges; + (B) advise the Secretary on homeland + security policies, regulations, processes, and + actions that affect the participating + industries and associations; and + (C) advise the Secretary on private sector + preparedness issues, including effective + methods for-- + (i) promoting voluntary + preparedness standards to the private + sector; and + (ii) assisting the private sector + in adopting voluntary preparedness + standards; + (5) working with Federal laboratories, federally + funded research and development centers, other + federally funded organizations, academia, and the + private sector to develop innovative approaches to + address homeland security challenges to produce and + deploy the best available technologies for homeland + security missions; + (6) promoting existing public-private partnerships + and developing new public-private partnerships to + provide for collaboration and mutual support to address + homeland security challenges; + (7) assisting in the development and promotion of + private sector best practices to secure critical + infrastructure; + (8) providing information to the private sector + regarding voluntary preparedness standards and the + business justification for preparedness and promoting + to the private sector the adoption of voluntary + preparedness standards; + (9) coordinating industry efforts, with respect to + functions of the Department of Homeland Security, to + identify private sector resources and capabilities that + could be effective in supplementing Federal, State, and + local government agency efforts to prevent or respond + to a terrorist attack; + (10) coordinating with the Directorate of Border + and Transportation Security and the Assistant Secretary + for Trade Development of the Department of Commerce on + issues related to the travel and tourism industries; + and + (11) consulting with the Office of State and Local + Government Coordination and Preparedness on all matters + of concern to the private sector, including the tourism + industry. + (g) Standards Policy.--All standards activities of the +Department shall be conducted in accordance with section 12(d) +of the National Technology Transfer Advancement Act of 1995 (15 +U.S.C. 272 note) and Office of Management and Budget Circular +A-119. + +SEC. 103. [6 U.S.C. 113] OTHER OFFICERS. + + (a) Deputy Secretary; Under Secretaries.--There are the +following officers, appointed by the President, by and with the +advice and consent of the Senate: + (1) A Deputy Secretary of Homeland Security, who + shall be the Secretary's first assistant for purposes + of subchapter III of chapter 33 of title 5, United + States Code. + (2) An Under Secretary for Science and Technology. + (3) An Under Secretary for Border and + Transportation Security. + (4) An Administrator of the Federal Emergency + Management Agency. + (5) A Director of the Bureau of Citizenship and + Immigration Services. + (6) An Under Secretary for Management. + (7) A Director of the Office of Counternarcotics + Enforcement. + (8) An Under Secretary responsible for overseeing + critical infrastructure protection, cybersecurity, and + other related programs of the Department. + (9) Not more than 12 Assistant Secretaries. + (10) A General Counsel, who shall be the chief + legal officer of the Department. + (b) Inspector General.--There shall be in the Department an +Office of Inspector General and an Inspector General at the +head of such office, as provided in the Inspector General Act +of 1978 (5 U.S.C. App.). + (c) Commandant of the Coast Guard.--To assist the Secretary +in the performance of the Secretary's functions, there is a +Commandant of the Coast Guard, who shall be appointed as +provided in section 44 of title 14, United States Code, and who +shall report directly to the Secretary. In addition to such +duties as may be provided in this Act and as assigned to the +Commandant by the Secretary, the duties of the Commandant shall +include those required by section 2 of title 14, United States +Code. + (d) Other Officers.--To assist the Secretary in the +performance of the Secretary's functions, there are the +following officers, appointed by the President: + (1) A Director of the Secret Service. + (2) A Chief Information Officer. + (3) An Officer for Civil Rights and Civil + Liberties. + (4) A Director for Domestic Nuclear Detection. + (f) Performance of Specific Functions.--Subject to the +provisions of this Act, every officer of the Department shall +perform the functions specified by law for the official's +office or prescribed by the Secretary. + (e) Chief Financial Officer.--There shall be in the +Department a Chief Financial Officer, as provided in chapter 9 +of title 31, United States Code. + + TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION + + Subtitle A--Information and Analysis and Infrastructure Protection; + Access to Information + +SEC. 201. [6 U.S.C. 121] INFORMATION AND ANALYSIS AND INFRASTRUCTURE + PROTECTION. + + (a) Intelligence and Analysis and Infrastructure +Protection.--There shall be in the Department an Office of +Intelligence and Analysis and an Office of Infrastructure +Protection. + (b) Under Secretary for Intelligence and Analysis and +Assistant Secretary for Infrastructure Protection.-- + (1) Office of intelligence and analysis.--The + Office of Intelligence and Analysis shall be headed by + an Under Secretary for Intelligence and Analysis, who + shall be appointed by the President, by and with the + advice and consent of the Senate. + (2) Chief intelligence officer.--The Under + Secretary for Intelligence and Analysis shall serve as + the Chief Intelligence Officer of the Department. + (3) Office of infrastructure protection.--The + Office of Infrastructure Protection shall be headed by + an Assistant Secretary for Infrastructure Protection, + who shall be appointed by the President. + (c) Discharge of Responsibilities.--The Secretary shall +ensure that the responsibilities of the Department relating to +information analysis and infrastructure protection, including +those described in subsection (d), are carried out through the +Under Secretary for Intelligence and Analysis or the Assistant +Secretary for Infrastructure Protection, as appropriate. + (d) Responsibilities of Secretary Relating To Intelligence +and Analysis and Infrastructure Protection.--The +responsibilities of the Secretary relating to intelligence and +analysis and infrastructure protection shall be as follows: + (1) To access, receive, and analyze law enforcement + information, intelligence information, and other + information from agencies of the Federal Government, + State and local government agencies (including law + enforcement agencies), and private sector entities, and + to integrate such information, in support of the + mission responsibilities of the Department and the + functions of the National Counterterrorism Center + established under section 119 of the National Security + Act of 1947 (50 U.S.C. 404o), in order to-- + (A) identify and assess the nature and + scope of terrorist threats to the homeland; + (B) detect and identify threats of + terrorism against the United States; and + (C) understand such threats in light of + actual and potential vulnerabilities of the + homeland. + (2) To carry out comprehensive assessments of the + vulnerabilities of the key resources and critical + infrastructure of the United States, including the + performance of risk assessments to determine the risks + posed by particular types of terrorist attacks within + the United States (including an assessment of the + probability of success of such attacks and the + feasibility and potential efficacy of various + countermeasures to such attacks). + (3) To integrate relevant information, analyses, + and vulnerability assessments (whether such + information, analyses, or assessments are provided or + produced by the Department or others) in order to + identify priorities for protective and support measures + by the Department, other agencies of the Federal + Government, State and local government agencies and + authorities, the private sector, and other entities. + (4) To ensure, pursuant to section 202, the timely + and efficient access by the Department to all + information necessary to discharge the responsibilities + under this section, including obtaining such + information from other agencies of the Federal + Government. + (5) To develop a comprehensive national plan for + securing the key resources and critical infrastructure + of the United States, including power production, + generation, and distribution systems, information + technology and telecommunications systems (including + satellites), electronic financial and property record + storage and transmission systems, emergency + preparedness communications systems, and the physical + and technological assets that support such systems. + (6) To recommend measures necessary to protect the + key resources and critical infrastructure of the United + States in coordination with other agencies of the + Federal Government and in cooperation with State and + local government agencies and authorities, the private + sector, and other entities. + (7) To review, analyze, and make recommendations + for improvements to the policies and procedures + governing the sharing of information within the scope + of the information sharing environment established + under section 1016 of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 U.S.C. 485), + including homeland security information, terrorism + information, and weapons of mass destruction + information, and any policies, guidelines, procedures, + instructions, or standards established under that + section. + (8) To disseminate, as appropriate, information + analyzed by the Department within the Department, to + other agencies of the Federal Government with + responsibilities relating to homeland security, and to + agencies of State and local governments and private + sector entities with such responsibilities in order to + assist in the deterrence, prevention, preemption of, or + response to, terrorist attacks against the United + States. + (9) To consult with the Director of National + Intelligence and other appropriate intelligence, law + enforcement, or other elements of the Federal + Government to establish collection priorities and + strategies for information, including law enforcement- + related information, relating to threats of terrorism + against the United States through such means as the + representation of the Department in discussions + regarding requirements and priorities in the collection + of such information. + (10) To consult with State and local governments + and private sector entities to ensure appropriate + exchanges of information, including law enforcement- + related information, relating to threats of terrorism + against the United States. + (11) To ensure that-- + (A) any material received pursuant to this + Act is protected from unauthorized disclosure + and handled and used only for the performance + of official duties; and + (B) any intelligence information under this + Act is shared, retained, and disseminated + consistent with the authority of the Director + of National Intelligence to protect + intelligence sources and methods under the + National Security Act of 1947 (50 U.S.C. 401 et + seq.) and related procedures and, as + appropriate, similar authorities of the + Attorney General concerning sensitive law + enforcement information. + (12) To request additional information from other + agencies of the Federal Government, State and local + government agencies, and the private sector relating to + threats of terrorism in the United States, or relating + to other areas of responsibility assigned by the + Secretary, including the entry into cooperative + agreements through the Secretary to obtain such + information. + (13) To establish and utilize, in conjunction with + the chief information officer of the Department, a + secure communications and information technology + infrastructure, including data-mining and other + advanced analytical tools, in order to access, receive, + and analyze data and information in furtherance of the + responsibilities under this section, and to disseminate + information acquired and analyzed by the Department, as + appropriate. + (14) To ensure, in conjunction with the chief + information officer of the Department, that any + information databases and analytical tools developed or + utilized by the Department-- + (A) are compatible with one another and + with relevant information databases of other + agencies of the Federal Government; and + (B) treat information in such databases in + a manner that complies with applicable Federal + law on privacy. + (15) To coordinate training and other support to + the elements and personnel of the Department, other + agencies of the Federal Government, and State and local + governments that provide information to the Department, + or are consumers of information provided by the + Department, in order to facilitate the identification + and sharing of information revealed in their ordinary + duties and the optimal utilization of information + received from the Department. + (16) To coordinate with elements of the + intelligence community and with Federal, State, and + local law enforcement agencies, and the private sector, + as appropriate. + (17) To provide intelligence and information + analysis and support to other elements of the + Department. + (18) To coordinate and enhance integration among + the intelligence components of the Department, + including through strategic oversight of the + intelligence activities of such components. + (19) To establish the intelligence collection, + processing, analysis, and dissemination priorities, + policies, processes, standards, guidelines, and + procedures for the intelligence components of the + Department, consistent with any directions from the + President and, as applicable, the Director of National + Intelligence. + (20) To establish a structure and process to + support the missions and goals of the intelligence + components of the Department. + (21) To ensure that, whenever possible, the + Department-- + (A) produces and disseminates unclassified + reports and analytic products based on open- + source information; and + (B) produces and disseminates such reports + and analytic products contemporaneously with + reports or analytic products concerning the + same or similar information that the Department + produced and disseminated in a classified + format. + (22) To establish within the Office of Intelligence + and Analysis an internal continuity of operations plan. + (23) Based on intelligence priorities set by the + President, and guidance from the Secretary and, as + appropriate, the Director of National Intelligence-- + (A) to provide to the heads of each + intelligence component of the Department + guidance for developing the budget pertaining + to the activities of such component; and + (B) to present to the Secretary a + recommendation for a consolidated budget for + the intelligence components of the Department, + together with any comments from the heads of + such components. + (24) To perform such other duties relating to such + responsibilities as the Secretary may provide. + (25) To prepare and submit to the Committee on + Homeland Security and Governmental Affairs of the + Senate and the Committee on Homeland Security in the + House of Representatives, and to other appropriate + congressional committees having jurisdiction over the + critical infrastructure or key resources, for each + sector identified in the National Infrastructure + Protection Plan, a report on the comprehensive + assessments carried out by the Secretary of the + critical infrastructure and key resources of the United + States, evaluating threat, vulnerability, and + consequence, as required under this subsection. Each + such report-- + (A) shall contain, if applicable, actions + or countermeasures recommended or taken by the + Secretary or the head of another Federal agency + to address issues identified in the + assessments; + (B) shall be required for fiscal year 2007 + and each subsequent fiscal year and shall be + submitted not later than 35 days after the last + day of the fiscal year covered by the report; + and + (C) may be classified. + (e) Staff.-- + (1) In general.--The Secretary shall provide the + Office of Intelligence and Analysis and the Office of + Infrastructure Protection with a staff of analysts + having appropriate expertise and experience to assist + such offices in discharging responsibilities under this + section. + (2) Private sector analysts.--Analysts under this + subsection may include analysts from the private + sector. + (3) Security clearances.--Analysts under this + subsection shall possess security clearances + appropriate for their work under this section. + (f) Detail of Personnel.-- + (1) In general.--In order to assist the Office of + Intelligence and Analysis and the Office of + Infrastructure Protection in discharging + responsibilities under this section, personnel of the + agencies referred to in paragraph (2) may be detailed + to the Department for the performance of analytic + functions and related duties. + (2) Covered agencies.--The agencies referred to in + this paragraph are as follows: + (A) The Department of State. + (B) The Central Intelligence Agency. + (C) The Federal Bureau of Investigation. + (D) The National Security Agency. + (E) The National Imagery and Mapping Agency + \1\. +--------------------------------------------------------------------------- + \1\ The reference to ``National Imagery and Mapping Agency'' in +subsection (f)(2)(E) probably should be to ``National Geospatial- +Intelligence Agency''. Section 931(b)(5) of Public Law 110-417 amends +section 201(e)(2) by striking ``National Imagery and Mapping Agency'' +and inserting ``National Geospatial-Intelligence Agency''. The +amendment was not executed. +--------------------------------------------------------------------------- + (F) The Defense Intelligence Agency. + (G) Any other agency of the Federal + Government that the President considers + appropriate. + (3) Cooperative agreements.--The Secretary and the + head of the agency concerned may enter into cooperative + agreements for the purpose of detailing personnel under + this subsection. + (4) Basis.--The detail of personnel under this + subsection may be on a reimbursable or non-reimbursable + basis. + (g) Functions Transferred.--In accordance with title XV, +there shall be transferred to the Secretary, for assignment to +the Office of Intelligence and Analysis and the Office of +Infrastructure Protection under this section, the functions, +personnel, assets, and liabilities of the following: + (1) The National Infrastructure Protection Center + of the Federal Bureau of Investigation (other than the + Computer Investigations and Operations Section), + including the functions of the Attorney General + relating thereto. + (2) The National Communications System of the + Department of Defense, including the functions of the + Secretary of Defense relating thereto. + (3) The Critical Infrastructure Assurance Office of + the Department of Commerce, including the functions of + the Secretary of Commerce relating thereto. + (4) The National Infrastructure Simulation and + Analysis Center of the Department of Energy and the + energy security and assurance program and activities of + the Department, including the functions of the + Secretary of Energy relating thereto. + (5) The Federal Computer Incident Response Center + of the General Services Administration, including the + functions of the Administrator of General Services + relating thereto. + + * * * * * * * + + +SEC. 202. [6 U.S.C. 122] ACCESS TO INFORMATION. + + (a) In General.-- + (1) Threat and vulnerability information.--Except + as otherwise directed by the President, the Secretary + shall have such access as the Secretary considers + necessary to all information, including reports, + assessments, analyses, and unevaluated intelligence + relating to threats of terrorism against the United + States and to other areas of responsibility assigned by + the Secretary, and to all information concerning + infrastructure or other vulnerabilities of the United + States to terrorism, whether or not such information + has been analyzed, that may be collected, possessed, or + prepared by any agency of the Federal Government. + (2) Other information.--The Secretary shall also + have access to other information relating to matters + under the responsibility of the Secretary that may be + collected, possessed, or prepared by an agency of the + Federal Government as the President may further + provide. + (b) Manner of Access.--Except as otherwise directed by the +President, with respect to information to which the Secretary +has access pursuant to this section-- + (1) the Secretary may obtain such material upon + request, and may enter into cooperative arrangements + with other executive agencies to provide such material + or provide Department officials with access to it on a + regular or routine basis, including requests or + arrangements involving broad categories of material, + access to electronic databases, or both; and + (2) regardless of whether the Secretary has made + any request or entered into any cooperative arrangement + pursuant to paragraph (1), all agencies of the Federal + Government shall promptly provide to the Secretary-- + (A) all reports (including information + reports containing intelligence which has not + been fully evaluated), assessments, and + analytical information relating to threats of + terrorism against the United States and to + other areas of responsibility assigned by the + Secretary; + (B) all information concerning the + vulnerability of the infrastructure of the + United States, or other vulnerabilities of the + United States, to terrorism, whether or not + such information has been analyzed; + (C) all other information relating to + significant and credible threats of terrorism + against the United States, whether or not such + information has been analyzed; and + (D) such other information or material as + the President may direct. + (c) Treatment Under Certain Laws.--The Secretary shall be +deemed to be a Federal law enforcement, intelligence, +protective, national defense, immigration, or national security +official, and shall be provided with all information from law +enforcement agencies that is required to be given to the +Director of Central Intelligence, under any provision of the +following: + (1) The USA PATRIOT Act of 2001 (Public Law 107- + 56). + (2) Section 2517(6) of title 18, United States + Code. + (3) Rule 6(e)(3)(C) of the Federal Rules of + Criminal Procedure. + (d) Access to Intelligence and Other Information.-- + (1) Access by elements of federal government.-- + Nothing in this title shall preclude any element of the + intelligence community (as that term is defined in + section 3(4) of the National Security Act of 1947 (50 + U.S.C. 401a(4)), or any other element of the Federal + Government with responsibility for analyzing terrorist + threat information, from receiving any intelligence or + other information relating to terrorism. + (2) Sharing of information.--The Secretary, in + consultation with the Director of Central Intelligence, + shall work to ensure that intelligence or other + information relating to terrorism to which the + Department has access is appropriately shared with the + elements of the Federal Government referred to in + paragraph (1), as well as with State and local + governments, as appropriate. + +SEC. 203. [6 U.S.C. 124] HOMELAND SECURITY ADVISORY SYSTEM. + + (a) Requirement.--The Secretary shall administer the +Homeland Security Advisory System in accordance with this +section to provide advisories or warnings regarding the threat +or risk that acts of terrorism will be committed on the +homeland to Federal, State, local, and tribal government +authorities and to the people of the United States, as +appropriate. The Secretary shall exercise primary +responsibility for providing such advisories or warnings. + (b) Required Elements.--In administering the Homeland +Security Advisory System, the Secretary shall-- + (1) establish criteria for the issuance and + revocation of such advisories or warnings; + (2) develop a methodology, relying on the criteria + established under paragraph (1), for the issuance and + revocation of such advisories or warnings; + (3) provide, in each such advisory or warning, + specific information and advice regarding appropriate + protective measures and countermeasures that may be + taken in response to the threat or risk, at the maximum + level of detail practicable to enable individuals, + government entities, emergency response providers, and + the private sector to act appropriately; + (4) whenever possible, limit the scope of each such + advisory or warning to a specific region, locality, or + economic sector believed to be under threat or at risk; + and + (5) not, in issuing any advisory or warning, use + color designations as the exclusive means of specifying + homeland security threat conditions that are the + subject of the advisory or warning. + +SEC. 204. [6 U.S.C. 124A] HOMELAND SECURITY INFORMATION SHARING. + + (a) Information Sharing.--Consistent with section 1016 of +the Intelligence Reform and Terrorism Prevention Act of 2004 (6 +U.S.C. 485), the Secretary, acting through the Under Secretary +for Intelligence and Analysis, shall integrate the information +and standardize the format of the products of the intelligence +components of the Department containing homeland security +information, terrorism information, weapons of mass destruction +information, or national intelligence (as defined in section +3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))) +except for any internal security protocols or personnel +information of such intelligence components, or other +administrative processes that are administered by any chief +security officer of the Department. + (b) Information Sharing and Knowledge Management +Officers.--For each intelligence component of the Department, +the Secretary shall designate an information sharing and +knowledge management officer who shall report to the Under +Secretary for Intelligence and Analysis regarding coordinating +the different systems used in the Department to gather and +disseminate homeland security information or national +intelligence (as defined in section 3(5) of the National +Security Act of 1947 (50 U.S.C. 401a(5))). + (c) State, Local, and Private-Sector Sources of +Information.-- + (1) Establishment of business processes.--The + Secretary, acting through the Under Secretary for + Intelligence and Analysis or the Assistant Secretary + for Infrastructure Protection, as appropriate, shall-- + (A) establish Department-wide procedures + for the review and analysis of information + provided by State, local, and tribal + governments and the private sector; + (B) as appropriate, integrate such + information into the information gathered by + the Department and other departments and + agencies of the Federal Government; and + (C) make available such information, as + appropriate, within the Department and to other + departments and agencies of the Federal + Government. + (2) Feedback.--The Secretary shall develop + mechanisms to provide feedback regarding the analysis + and utility of information provided by any entity of + State, local, or tribal government or the private + sector that provides such information to the + Department. + (d) Training and Evaluation of Employees.-- + (1) Training.--The Secretary, acting through the + Under Secretary for Intelligence and Analysis or the + Assistant Secretary for Infrastructure Protection, as + appropriate, shall provide to employees of the + Department opportunities for training and education to + develop an understanding of-- + (A) the definitions of homeland security + information and national intelligence (as + defined in section 3(5) of the National + Security Act of 1947 (50 U.S.C. 401a(5))); and + (B) how information available to such + employees as part of their duties-- + (i) might qualify as homeland + security information or national + intelligence; and + (ii) might be relevant to the + Office of Intelligence and Analysis and + the intelligence components of the + Department. + (2) Evaluations.--The Under Secretary for + Intelligence and Analysis shall-- + (A) on an ongoing basis, evaluate how + employees of the Office of Intelligence and + Analysis and the intelligence components of the + Department are utilizing homeland security + information or national intelligence, sharing + information within the Department, as described + in this title, and participating in the + information sharing environment established + under section 1016 of the Intelligence Reform + and Terrorism Prevention Act of 2004 (6 U.S.C. + 485); and + (B) provide to the appropriate component + heads regular reports regarding the evaluations + under subparagraph (A). + +SEC. 205. [6 U.S.C. 124B] COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK + ARCHITECTURE. + + (a) Establishment.--The Secretary, acting through the Under +Secretary for Intelligence and Analysis, shall establish, +consistent with the policies and procedures developed under +section 1016 of the Intelligence Reform and Terrorism +Prevention Act of 2004 (6 U.S.C. 485), and consistent with the +enterprise architecture of the Department, a comprehensive +information technology network architecture for the Office of +Intelligence and Analysis that connects the various databases +and related information technology assets of the Office of +Intelligence and Analysis and the intelligence components of +the Department in order to promote internal information sharing +among the intelligence and other personnel of the Department. + (b) Comprehensive Information Technology Network +Architecture Defined.--The term ``comprehensive information +technology network architecture'' means an integrated framework +for evolving or maintaining existing information technology and +acquiring new information technology to achieve the strategic +management and information resources management goals of the +Office of Intelligence and Analysis. + +SEC. 206. [6 U.S.C. 124C] COORDINATION WITH INFORMATION SHARING + ENVIRONMENT. + + (a) Guidance.--All activities to comply with sections 203, +204, and 205 shall be-- + (1) consistent with any policies, guidelines, + procedures, instructions, or standards established + under section 1016 of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 U.S.C. 485); + (2) implemented in coordination with, as + appropriate, the program manager for the information + sharing environment established under that section; + (3) consistent with any applicable guidance issued + by the Director of National Intelligence; and + (4) consistent with any applicable guidance issued + by the Secretary relating to the protection of law + enforcement information or proprietary information. + (b) Consultation.--In carrying out the duties and +responsibilities under this subtitle, the Under Secretary for +Intelligence and Analysis shall take into account the views of +the heads of the intelligence components of the Department. + +SEC. 207. [6 U.S.C. 124D] INTELLIGENCE COMPONENTS. + + Subject to the direction and control of the Secretary, and +consistent with any applicable guidance issued by the Director +of National Intelligence, the responsibilities of the head of +each intelligence component of the Department are as follows: + (1) To ensure that the collection, processing, + analysis, and dissemination of information within the + scope of the information sharing environment, including + homeland security information, terrorism information, + weapons of mass destruction information, and national + intelligence (as defined in section 3(5) of the + National Security Act of 1947 (50 U.S.C. 401a(5))), are + carried out effectively and efficiently in support of + the intelligence mission of the Department, as led by + the Under Secretary for Intelligence and Analysis. + (2) To otherwise support and implement the + intelligence mission of the Department, as led by the + Under Secretary for Intelligence and Analysis. + (3) To incorporate the input of the Under Secretary + for Intelligence and Analysis with respect to + performance appraisals, bonus or award recommendations, + pay adjustments, and other forms of commendation. + (4) To coordinate with the Under Secretary for + Intelligence and Analysis in developing policies and + requirements for the recruitment and selection of + intelligence officials of the intelligence component. + (5) To advise and coordinate with the Under + Secretary for Intelligence and Analysis on any plan to + reorganize or restructure the intelligence component + that would, if implemented, result in realignments of + intelligence functions. + (6) To ensure that employees of the intelligence + component have knowledge of, and comply with, the + programs and policies established by the Under + Secretary for Intelligence and Analysis and other + appropriate officials of the Department and that such + employees comply with all applicable laws and + regulations. + (7) To perform such other activities relating to + such responsibilities as the Secretary may provide. + +SEC. 208. [6 U.S.C. 124E] TRAINING FOR EMPLOYEES OF INTELLIGENCE + COMPONENTS. + + The Secretary shall provide training and guidance for +employees, officials, and senior executives of the intelligence +components of the Department to develop knowledge of laws, +regulations, operations, policies, procedures, and programs +that are related to the functions of the Department relating to +the collection, processing, analysis, and dissemination of +information within the scope of the information sharing +environment, including homeland security information, terrorism +information, and weapons of mass destruction information, or +national intelligence (as defined in section 3(5) of the +National Security Act of 1947 (50 U.S.C. 401a(5))). + +SEC. 209. [6 U.S.C. 124F] INTELLIGENCE TRAINING DEVELOPMENT FOR STATE + AND LOCAL GOVERNMENT OFFICIALS. + + (a) Curriculum.--The Secretary, acting through the Under +Secretary for Intelligence and Analysis, shall-- + (1) develop a curriculum for training State, local, + and tribal government officials, including law + enforcement officers, intelligence analysts, and other + emergency response providers, in the intelligence cycle + and Federal laws, practices, and regulations regarding + the development, handling, and review of intelligence + and other information; and + (2) ensure that the curriculum includes executive + level training for senior level State, local, and + tribal law enforcement officers, intelligence analysts, + and other emergency response providers. + (b) Training.--To the extent possible, the Federal Law +Enforcement Training Center and other existing Federal entities +with the capacity and expertise to train State, local, and +tribal government officials based on the curriculum developed +under subsection (a) shall be used to carry out the training +programs created under this section. If such entities do not +have the capacity, resources, or capabilities to conduct such +training, the Secretary may approve another entity to conduct +such training. + (c) Consultation.--In carrying out the duties described in +subsection (a), the Under Secretary for Intelligence and +Analysis shall consult with the Director of the Federal Law +Enforcement Training Center, the Attorney General, the Director +of National Intelligence, the Administrator of the Federal +Emergency Management Agency, and other appropriate parties, +such as private industry, institutions of higher education, +nonprofit institutions, and other intelligence agencies of the +Federal Government. + +SEC. 210. [6 U.S.C. 124G] INFORMATION SHARING INCENTIVES. + + (a) Awards.--In making cash awards under chapter 45 of +title 5, United States Code, the President or the head of an +agency, in consultation with the program manager designated +under section 1016 of the Intelligence Reform and Terrorism +Prevention Act of 2004 (6 U.S.C. 485), may consider the success +of an employee in appropriately sharing information within the +scope of the information sharing environment established under +that section, including homeland security information, +terrorism information, and weapons of mass destruction +information, or national intelligence (as defined in section +3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), +in a manner consistent with any policies, guidelines, +procedures, instructions, or standards established by the +President or, as appropriate, the program manager of that +environment for the implementation and management of that +environment. + (b) Other Incentives.--The head of each department or +agency described in section 1016(i) of the Intelligence Reform +and Terrorism Prevention Act of 2004 (6 U.S.C. 485(i)), in +consultation with the program manager designated under section +1016 of the Intelligence Reform and Terrorism Prevention Act of +2004 (6 U.S.C. 485), shall adopt best practices regarding +effective ways to educate and motivate officers and employees +of the Federal Government to participate fully in the +information sharing environment, including-- + (1) promotions and other nonmonetary awards; and + (2) publicizing information sharing accomplishments + by individual employees and, where appropriate, the + tangible end benefits that resulted. + +SEC. 210A. [6 U.S.C. 124H] DEPARTMENT OF HOMELAND SECURITY STATE, + LOCAL, AND REGIONAL FUSION CENTER INITIATIVE. + + (a) Establishment.--The Secretary, in consultation with the +program manager of the information sharing environment +established under section 1016 of the Intelligence Reform and +Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney +General, the Privacy Officer of the Department, the Officer for +Civil Rights and Civil Liberties of the Department, and the +Privacy and Civil Liberties Oversight Board established under +section 1061 of the Intelligence Reform and Terrorism +Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a +Department of Homeland Security State, Local, and Regional +Fusion Center Initiative to establish partnerships with State, +local, and regional fusion centers. + (b) Department Support and Coordination.--Through the +Department of Homeland Security State, Local, and Regional +Fusion Center Initiative, and in coordination with the +principal officials of participating State, local, or regional +fusion centers and the officers designated as the Homeland +Security Advisors of the States, the Secretary shall-- + (1) provide operational and intelligence advice and + assistance to State, local, and regional fusion + centers; + (2) support efforts to include State, local, and + regional fusion centers into efforts to establish an + information sharing environment; + (3) conduct tabletop and live training exercises to + regularly assess the capability of individual and + regional networks of State, local, and regional fusion + centers to integrate the efforts of such networks with + the efforts of the Department; + (4) coordinate with other relevant Federal entities + engaged in homeland security-related activities; + (5) provide analytic and reporting advice and + assistance to State, local, and regional fusion + centers; + (6) review information within the scope of the + information sharing environment, including homeland + security information, terrorism information, and + weapons of mass destruction information, that is + gathered by State, local, and regional fusion centers, + and to incorporate such information, as appropriate, + into the Department's own such information; + (7) provide management assistance to State, local, + and regional fusion centers; + (8) serve as a point of contact to ensure the + dissemination of information within the scope of the + information sharing environment, including homeland + security information, terrorism information, and + weapons of mass destruction information; + (9) facilitate close communication and coordination + between State, local, and regional fusion centers and + the Department; + (10) provide State, local, and regional fusion + centers with expertise on Department resources and + operations; + (11) provide training to State, local, and regional + fusion centers and encourage such fusion centers to + participate in terrorism threat-related exercises + conducted by the Department; and + (12) carry out such other duties as the Secretary + determines are appropriate. + (c) Personnel Assignment.-- + (1) In general.--The Under Secretary for + Intelligence and Analysis shall, to the maximum extent + practicable, assign officers and intelligence analysts + from components of the Department to participating + State, local, and regional fusion centers. + (2) Personnel sources.--Officers and intelligence + analysts assigned to participating fusion centers under + this subsection may be assigned from the following + Department components, in coordination with the + respective component head and in consultation with the + principal officials of participating fusion centers: + (A) Office of Intelligence and Analysis. + (B) Office of Infrastructure Protection. + (C) Transportation Security Administration. + (D) United States Customs and Border + Protection. + (E) United States Immigration and Customs + Enforcement. + (F) United States Coast Guard. + (G) Other components of the Department, as + determined by the Secretary. + (3) Qualifying criteria.-- + (A) In general.--The Secretary shall + develop qualifying criteria for a fusion center + to participate in the assigning of Department + officers or intelligence analysts under this + section. + (B) Criteria.--Any criteria developed under + subparagraph (A) may include-- + (i) whether the fusion center, + through its mission and governance + structure, focuses on a broad + counterterrorism approach, and whether + that broad approach is pervasive + through all levels of the organization; + (ii) whether the fusion center has + sufficient numbers of adequately + trained personnel to support a broad + counterterrorism mission; + (iii) whether the fusion center + has-- + (I) access to relevant law + enforcement, emergency + response, private sector, open + source, and national security + data; and + (II) the ability to share + and analytically utilize that + data for lawful purposes; + (iv) whether the fusion center is + adequately funded by the State, local, + or regional government to support its + counterterrorism mission; and + (v) the relevancy of the mission of + the fusion center to the particular + source component of Department officers + or intelligence analysts. + (4) Prerequisite.-- + (A) Intelligence analysis, privacy, and + civil liberties training.--Before being + assigned to a fusion center under this section, + an officer or intelligence analyst shall + undergo-- + (i) appropriate intelligence + analysis or information sharing + training using an intelligence-led + policing curriculum that is consistent + with-- + (I) standard training and + education programs offered to + Department law enforcement and + intelligence personnel; and + (II) the Criminal + Intelligence Systems Operating + Policies under part 23 of title + 28, Code of Federal Regulations + (or any corresponding similar + rule or regulation); + (ii) appropriate privacy and civil + liberties training that is developed, + supported, or sponsored by the Privacy + Officer appointed under section 222 and + the Officer for Civil Rights and Civil + Liberties of the Department, in + consultation with the Privacy and Civil + Liberties Oversight Board established + under section 1061 of the Intelligence + Reform and Terrorism Prevention Act of + 2004 (5 U.S.C. 601 note); and + (iii) such other training + prescribed by the Under Secretary for + Intelligence and Analysis. + (B) Prior work experience in area.--In + determining the eligibility of an officer or + intelligence analyst to be assigned to a fusion + center under this section, the Under Secretary + for Intelligence and Analysis shall consider + the familiarity of the officer or intelligence + analyst with the State, locality, or region, as + determined by such factors as whether the + officer or intelligence analyst-- + (i) has been previously assigned in + the geographic area; or + (ii) has previously worked with + intelligence officials or law + enforcement or other emergency response + providers from that State, locality, or + region. + (5) Expedited security clearance processing.--The + Under Secretary for Intelligence and Analysis-- + (A) shall ensure that each officer or + intelligence analyst assigned to a fusion + center under this section has the appropriate + security clearance to contribute effectively to + the mission of the fusion center; and + (B) may request that security clearance + processing be expedited for each such officer + or intelligence analyst and may use available + funds for such purpose. + (6) Further qualifications.--Each officer or + intelligence analyst assigned to a fusion center under + this section shall satisfy any other qualifications the + Under Secretary for Intelligence and Analysis may + prescribe. + (d) Responsibilities.--An officer or intelligence analyst +assigned to a fusion center under this section shall-- + (1) assist law enforcement agencies and other + emergency response providers of State, local, and + tribal governments and fusion center personnel in using + information within the scope of the information sharing + environment, including homeland security information, + terrorism information, and weapons of mass destruction + information, to develop a comprehensive and accurate + threat picture; + (2) review homeland security-relevant information + from law enforcement agencies and other emergency + response providers of State, local, and tribal + government; + (3) create intelligence and other information + products derived from such information and other + homeland security-relevant information provided by the + Department; and + (4) assist in the dissemination of such products, + as coordinated by the Under Secretary for Intelligence + and Analysis, to law enforcement agencies and other + emergency response providers of State, local, and + tribal government, other fusion centers, and + appropriate Federal agencies. + (e) Border Intelligence Priority.-- + (1) In general.--The Secretary shall make it a + priority to assign officers and intelligence analysts + under this section from United States Customs and + Border Protection, United States Immigration and + Customs Enforcement, and the Coast Guard to + participating State, local, and regional fusion centers + located in jurisdictions along land or maritime borders + of the United States in order to enhance the integrity + of and security at such borders by helping Federal, + State, local, and tribal law enforcement authorities to + identify, investigate, and otherwise interdict persons, + weapons, and related contraband that pose a threat to + homeland security. + (2) Border intelligence products.--When performing + the responsibilities described in subsection (d), + officers and intelligence analysts assigned to + participating State, local, and regional fusion centers + under this section shall have, as a primary + responsibility, the creation of border intelligence + products that-- + (A) assist State, local, and tribal law + enforcement agencies in deploying their + resources most efficiently to help detect and + interdict terrorists, weapons of mass + destruction, and related contraband at land or + maritime borders of the United States; + (B) promote more consistent and timely + sharing of border security-relevant information + among jurisdictions along land or maritime + borders of the United States; and + (C) enhance the Department's situational + awareness of the threat of acts of terrorism at + or involving the land or maritime borders of + the United States. + (f) Database Access.--In order to fulfill the objectives +described under subsection (d), each officer or intelligence +analyst assigned to a fusion center under this section shall +have appropriate access to all relevant Federal databases and +information systems, consistent with any policies, guidelines, +procedures, instructions, or standards established by the +President or, as appropriate, the program manager of the +information sharing environment for the implementation and +management of that environment. + (g) Consumer Feedback.-- + (1) In general.--The Secretary shall create a + voluntary mechanism for any State, local, or tribal law + enforcement officer or other emergency response + provider who is a consumer of the intelligence or other + information products referred to in subsection (d) to + provide feedback to the Department on the quality and + utility of such intelligence products. + (2) Report.--Not later than one year after the date + of the enactment of the Implementing Recommendations of + the 9/11 Commission Act of 2007, and annually + thereafter, the Secretary shall submit to the Committee + on Homeland Security and Governmental Affairs of the + Senate and the Committee on Homeland Security of the + House of Representatives a report that includes a + description of the consumer feedback obtained under + paragraph (1) and, if applicable, how the Department + has adjusted its production of intelligence products in + response to that consumer feedback. + (h) Rule of Construction.-- + (1) In general.--The authorities granted under this + section shall supplement the authorities granted under + section 201(d) and nothing in this section shall be + construed to abrogate the authorities granted under + section 201(d). + (2) Participation.--Nothing in this section shall + be construed to require a State, local, or regional + government or entity to accept the assignment of + officers or intelligence analysts of the Department + into the fusion center of that State, locality, or + region. + (i) Guidelines.--The Secretary, in consultation with the +Attorney General, shall establish guidelines for fusion centers +created and operated by State and local governments, to include +standards that any such fusion center shall-- + (1) collaboratively develop a mission statement, + identify expectations and goals, measure performance, + and determine effectiveness for that fusion center; + (2) create a representative governance structure + that includes law enforcement officers and other + emergency response providers and, as appropriate, the + private sector; + (3) create a collaborative environment for the + sharing of intelligence and information among Federal, + State, local, and tribal government agencies (including + law enforcement officers and other emergency response + providers), the private sector, and the public, + consistent with any policies, guidelines, procedures, + instructions, or standards established by the President + or, as appropriate, the program manager of the + information sharing environment; + (4) leverage the databases, systems, and networks + available from public and private sector entities, in + accordance with all applicable laws, to maximize + information sharing; + (5) develop, publish, and adhere to a privacy and + civil liberties policy consistent with Federal, State, + and local law; + (6) provide, in coordination with the Privacy + Officer of the Department and the Officer for Civil + Rights and Civil Liberties of the Department, + appropriate privacy and civil liberties training for + all State, local, tribal, and private sector + representatives at the fusion center; + (7) ensure appropriate security measures are in + place for the facility, data, and personnel; + (8) select and train personnel based on the needs, + mission, goals, and functions of that fusion center; + (9) offer a variety of intelligence and information + services and products to recipients of fusion center + intelligence and information; and + (10) incorporate law enforcement officers, other + emergency response providers, and, as appropriate, the + private sector, into all relevant phases of the + intelligence and fusion process, consistent with the + mission statement developed under paragraph (1), either + through full time representatives or liaison + relationships with the fusion center to enable the + receipt and sharing of information and intelligence. + (j) Definitions.--In this section-- + (1) the term ``fusion center'' means a + collaborative effort of 2 or more Federal, State, + local, or tribal government agencies that combines + resources, expertise, or information with the goal of + maximizing the ability of such agencies to detect, + prevent, investigate, apprehend, and respond to + criminal or terrorist activity; + (2) the term ``information sharing environment'' + means the information sharing environment established + under section 1016 of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 U.S.C. 485); + (3) the term ``intelligence analyst'' means an + individual who regularly advises, administers, + supervises, or performs work in the collection, + gathering, analysis, evaluation, reporting, production, + or dissemination of information on political, economic, + social, cultural, physical, geographical, scientific, + or military conditions, trends, or forces in foreign or + domestic areas that directly or indirectly affect + national security; + (4) the term ``intelligence-led policing'' means + the collection and analysis of information to produce + an intelligence end product designed to inform law + enforcement decision making at the tactical and + strategic levels; and + (5) the term ``terrorism information'' has the + meaning given that term in section 1016 of the + Intelligence Reform and Terrorism Prevention Act of + 2004 (6 U.S.C. 485). + (k) Authorization of Appropriations.--There is authorized +to be appropriated $10,000,000 for each of fiscal years 2008 +through 2012, to carry out this section, except for subsection +(i), including for hiring officers and intelligence analysts to +replace officers and intelligence analysts who are assigned to +fusion centers under this section. + +SEC. 210B. [6 U.S.C. 124I] HOMELAND SECURITY INFORMATION SHARING + FELLOWS PROGRAM. + + (a) Establishment.-- + (1) In general.--The Secretary, acting through the + Under Secretary for Intelligence and Analysis, and in + consultation with the Chief Human Capital Officer, + shall establish a fellowship program in accordance with + this section for the purpose of-- + (A) detailing State, local, and tribal law + enforcement officers and intelligence analysts + to the Department in accordance with subchapter + VI of chapter 33 of title 5, United States + Code, to participate in the work of the Office + of Intelligence and Analysis in order to become + familiar with-- + (i) the relevant missions and + capabilities of the Department and + other Federal agencies; and + (ii) the role, programs, products, + and personnel of the Office of + Intelligence and Analysis; and + (B) promoting information sharing between + the Department and State, local, and tribal law + enforcement officers and intelligence analysts + by assigning such officers and analysts to-- + (i) serve as a point of contact in + the Department to assist in the + representation of State, local, and + tribal information requirements; + (ii) identify information within + the scope of the information sharing + environment, including homeland + security information, terrorism + information, and weapons of mass + destruction information, that is of + interest to State, local, and tribal + law enforcement officers, intelligence + analysts, and other emergency response + providers; + (iii) assist Department analysts in + preparing and disseminating products + derived from information within the + scope of the information sharing + environment, including homeland + security information, terrorism + information, and weapons of mass + destruction information, that are + tailored to State, local, and tribal + law enforcement officers and + intelligence analysts and designed to + prepare for and thwart acts of + terrorism; and + (iv) assist Department analysts in + preparing products derived from + information within the scope of the + information sharing environment, + including homeland security + information, terrorism information, and + weapons of mass destruction + information, that are tailored to + State, local, and tribal emergency + response providers and assist in the + dissemination of such products through + appropriate Department channels. + (2) Program name.--The program under this section + shall be known as the ``Homeland Security Information + Sharing Fellows Program''. + (b) Eligibility.-- + (1) In general.--In order to be eligible for + selection as an Information Sharing Fellow under the + program under this section, an individual shall-- + (A) have homeland security-related + responsibilities; + (B) be eligible for an appropriate security + clearance; + (C) possess a valid need for access to + classified information, as determined by the + Under Secretary for Intelligence and Analysis; + (D) be an employee of an eligible entity; + and + (E) have undergone appropriate privacy and + civil liberties training that is developed, + supported, or sponsored by the Privacy Officer + and the Officer for Civil Rights and Civil + Liberties, in consultation with the Privacy and + Civil Liberties Oversight Board established + under section 1061 of the Intelligence Reform + and Terrorism Prevention Act of 2004 (5 U.S.C. + 601 note). + (2) Eligible entities.--In this subsection, the + term ``eligible entity'' means-- + (A) a State, local, or regional fusion + center; + (B) a State or local law enforcement or + other government entity that serves a major + metropolitan area, suburban area, or rural + area, as determined by the Secretary; + (C) a State or local law enforcement or + other government entity with port, border, or + agricultural responsibilities, as determined by + the Secretary; + (D) a tribal law enforcement or other + authority; or + (E) such other entity as the Secretary + determines is appropriate. + (c) Optional Participation.--No State, local, or tribal law +enforcement or other government entity shall be required to +participate in the Homeland Security Information Sharing +Fellows Program. + (d) Procedures for Nomination and Selection.-- + (1) In general.--The Under Secretary for + Intelligence and Analysis shall establish procedures to + provide for the nomination and selection of individuals + to participate in the Homeland Security Information + Sharing Fellows Program. + (2) Limitations.--The Under Secretary for + Intelligence and Analysis shall-- + (A) select law enforcement officers and + intelligence analysts representing a broad + cross-section of State, local, and tribal + agencies; and + (B) ensure that the number of Information + Sharing Fellows selected does not impede the + activities of the Office of Intelligence and + Analysis. + +SEC. 210C. [6 U.S.C. 124J] RURAL POLICING INSTITUTE. + + (a) In General.--The Secretary shall establish a Rural +Policing Institute, which shall be administered by the Federal +Law Enforcement Training Center, to target training to law +enforcement agencies and other emergency response providers +located in rural areas. The Secretary, through the Rural +Policing Institute, shall-- + (1) evaluate the needs of law enforcement agencies + and other emergency response providers in rural areas; + (2) develop expert training programs designed to + address the needs of law enforcement agencies and other + emergency response providers in rural areas as + identified in the evaluation conducted under paragraph + (1), including training programs about intelligence-led + policing and protections for privacy, civil rights, and + civil liberties; + (3) provide the training programs developed under + paragraph (2) to law enforcement agencies and other + emergency response providers in rural areas; and + (4) conduct outreach efforts to ensure that local + and tribal governments in rural areas are aware of the + training programs developed under paragraph (2) so they + can avail themselves of such programs. + (b) Curricula.--The training at the Rural Policing +Institute established under subsection (a) shall-- + (1) be configured in a manner so as not to + duplicate or displace any law enforcement or emergency + response program of the Federal Law Enforcement + Training Center or a local or tribal government entity + in existence on the date of enactment of the + Implementing Recommendations of the 9/11 Commission Act + of 2007; and + (2) to the maximum extent practicable, be delivered + in a cost-effective manner at facilities of the + Department, on closed military installations with + adequate training facilities, or at facilities operated + by the participants. + (c) Definition.--In this section, the term ``rural'' means +an area that is not located in a metropolitan statistical area, +as defined by the Office of Management and Budget. + (d) Authorization of Appropriations.--There are authorized +to be appropriated to carry out this section (including for +contracts, staff, and equipment)-- + (1) $10,000,000 for fiscal year 2008; and + (2) $5,000,000 for each of fiscal years 2009 + through 2013. + +SEC. 210D. [6 U.S.C. 124K] INTERAGENCY THREAT ASSESSMENT AND + COORDINATION GROUP. + + (a) In General.--To improve the sharing of information +within the scope of the information sharing environment +established under section 1016 of the Intelligence Reform and +Terrorism Prevention Act of 2004 (6 U.S.C. 485) with State, +local, tribal, and private sector officials, the Director of +National Intelligence, through the program manager for the +information sharing environment, in coordination with the +Secretary, shall coordinate and oversee the creation of an +Interagency Threat Assessment and Coordination Group (referred +to in this section as the ``ITACG''). + (b) Composition of ITACG.--The ITACG shall consist of-- + (1) an ITACG Advisory Council to set policy and + develop processes for the integration, analysis, and + dissemination of federally-coordinated information + within the scope of the information sharing + environment, including homeland security information, + terrorism information, and weapons of mass destruction + information; and + (2) an ITACG Detail comprised of State, local, and + tribal homeland security and law enforcement officers + and intelligence analysts detailed to work in the + National Counterterrorism Center with Federal + intelligence analysts for the purpose of integrating, + analyzing, and assisting in the dissemination of + federally-coordinated information within the scope of + the information sharing environment, including homeland + security information, terrorism information, and + weapons of mass destruction information, through + appropriate channels identified by the ITACG Advisory + Council. + (c) Responsibilities of Program Manager.--The program +manager, in consultation with the Information Sharing Council, +shall-- + (1) monitor and assess the efficacy of the ITACG; + and + (2) not later than 180 days after the date of the + enactment of the Implementing Recommendations of the 9/ + 11 Commission Act of 2007, and at least annually + thereafter, submit to the Secretary, the Attorney + General, the Director of National Intelligence, the + Committee on Homeland Security and Governmental Affairs + of the Senate and the Committee on Homeland Security of + the House of Representatives a report on the progress + of the ITACG. + (d) Responsibilities of Secretary.--The Secretary, or the +Secretary's designee, in coordination with the Director of the +National Counterterrorism Center and the ITACG Advisory +Council, shall-- + (1) create policies and standards for the creation + of information products derived from information within + the scope of the information sharing environment, + including homeland security information, terrorism + information, and weapons of mass destruction + information, that are suitable for dissemination to + State, local, and tribal governments and the private + sector; + (2) evaluate and develop processes for the timely + dissemination of federally-coordinated information + within the scope of the information sharing + environment, including homeland security information, + terrorism information, and weapons of mass destruction + information, to State, local, and tribal governments + and the private sector; + (3) establish criteria and a methodology for + indicating to State, local, and tribal governments and + the private sector the reliability of information + within the scope of the information sharing + environment, including homeland security information, + terrorism information, and weapons of mass destruction + information, disseminated to them; + (4) educate the intelligence community about the + requirements of the State, local, and tribal homeland + security, law enforcement, and other emergency response + providers regarding information within the scope of the + information sharing environment, including homeland + security information, terrorism information, and + weapons of mass destruction information; + (5) establish and maintain the ITACG Detail, which + shall assign an appropriate number of State, local, and + tribal homeland security and law enforcement officers + and intelligence analysts to work in the National + Counterterrorism Center who shall-- + (A) educate and advise National + Counterterrorism Center intelligence analysts + about the requirements of the State, local, and + tribal homeland security and law enforcement + officers, and other emergency response + providers regarding information within the + scope of the information sharing environment, + including homeland security information, + terrorism information, and weapons of mass + destruction information; + (B) assist National Counterterrorism Center + intelligence analysts in integrating, + analyzing, and otherwise preparing versions of + products derived from information within the + scope of the information sharing environment, + including homeland security information, + terrorism information, and weapons of mass + destruction information that are unclassified + or classified at the lowest possible level and + suitable for dissemination to State, local, and + tribal homeland security and law enforcement + agencies in order to help deter and prevent + terrorist attacks; + (C) implement, in coordination with + National Counterterrorism Center intelligence + analysts, the policies, processes, procedures, + standards, and guidelines developed by the + ITACG Advisory Council; + (D) assist in the dissemination of products + derived from information within the scope of + the information sharing environment, including + homeland security information, terrorism + information, and weapons of mass destruction + information, to State, local, and tribal + jurisdictions only through appropriate channels + identified by the ITACG Advisory Council; and + (E) report directly to the senior + intelligence official from the Department under + paragraph (6); + (6) detail a senior intelligence official from the + Department of Homeland Security to the National + Counterterrorism Center, who shall-- + (A) manage the day-to-day operations of the + ITACG Detail; + (B) report directly to the Director of the + National Counterterrorism Center or the + Director's designee; and + (C) in coordination with the Director of + the Federal Bureau of Investigation, and + subject to the approval of the Director of the + National Counterterrorism Center, select a + deputy from the pool of available detailees + from the Federal Bureau of Investigation in the + National Counterterrorism Center; and + (7) establish, within the ITACG Advisory Council, a + mechanism to select law enforcement officers and + intelligence analysts for placement in the National + Counterterrorism Center consistent with paragraph (5), + using criteria developed by the ITACG Advisory Council + that shall encourage participation from a broadly + representative group of State, local, and tribal + homeland security and law enforcement agencies. + (e) Membership.--The Secretary, or the Secretary's +designee, shall serve as the chair of the ITACG Advisory +Council, which shall include-- + (1) representatives of-- + (A) the Department; + (B) the Federal Bureau of Investigation; + (C) the National Counterterrorism Center; + (D) the Department of Defense; + (E) the Department of Energy; + (F) the Department of State; and + (G) other Federal entities as appropriate; + (2) the program manager of the information sharing + environment, designated under section 1016(f) of the + Intelligence Reform and Terrorism Prevention Act of + 2004 (6 U.S.C. 485(f)), or the program manager's + designee; and + (3) executive level law enforcement and + intelligence officials from State, local, and tribal + governments. + (f) Criteria.--The Secretary, in consultation with the +Director of National Intelligence, the Attorney General, and +the program manager of the information sharing environment +established under section 1016 of the Intelligence Reform and +Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall-- + (1) establish procedures for selecting members of + the ITACG Advisory Council and for the proper handling + and safeguarding of products derived from information + within the scope of the information sharing + environment, including homeland security information, + terrorism information, and weapons of mass destruction + information, by those members; and + (2) ensure that at least 50 percent of the members + of the ITACG Advisory Council are from State, local, + and tribal governments. + (g) Operations.-- + (1) In general.--Beginning not later than 90 days + after the date of enactment of the Implementing + Recommendations of the 9/11 Commission Act of 2007, the + ITACG Advisory Council shall meet regularly, but not + less than quarterly, at the facilities of the National + Counterterrorism Center of the Office of the Director + of National Intelligence. + (2) Management.--Pursuant to section 119(f)(E) of + the National Security Act of 1947 (50 U.S.C. + 404o(f)(E)), the Director of the National + Counterterrorism Center, acting through the senior + intelligence official from the Department of Homeland + Security detailed pursuant to subsection (d)(6), shall + ensure that-- + (A) the products derived from information + within the scope of the information sharing + environment, including homeland security + information, terrorism information, and weapons + of mass destruction information, prepared by + the National Counterterrorism Center and the + ITACG Detail for distribution to State, local, + and tribal homeland security and law + enforcement agencies reflect the requirements + of such agencies and are produced consistently + with the policies, processes, procedures, + standards, and guidelines established by the + ITACG Advisory Council; + (B) in consultation with the ITACG Advisory + Council and consistent with sections + 102A(f)(1)(B)(iii) and 119(f)(E) of the + National Security Act of 1947 (50 U.S.C. 402 et + seq.), all products described in subparagraph + (A) are disseminated through existing channels + of the Department and the Department of Justice + and other appropriate channels to State, local, + and tribal government officials and other + entities; + (C) all detailees under subsection (d)(5) + have appropriate access to all relevant + information within the scope of the information + sharing environment, including homeland + security information, terrorism information, + and weapons of mass destruction information, + available at the National Counterterrorism + Center in order to accomplish the objectives + under that paragraph; + (D) all detailees under subsection (d)(5) + have the appropriate security clearances and + are trained in the procedures for handling, + processing, storing, and disseminating + classified products derived from information + within the scope of the information sharing + environment, including homeland security + information, terrorism information, and weapons + of mass destruction information; and + (E) all detailees under subsection (d)(5) + complete appropriate privacy and civil + liberties training. + (h) Inapplicability of the Federal Advisory Committee +Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall +not apply to the ITACG or any subsidiary groups thereof. + (i) Authorization of Appropriations.--There are authorized +to be appropriated such sums as may be necessary for each of +fiscal years 2008 through 2012 to carry out this section, +including to obtain security clearances for the State, local, +and tribal participants in the ITACG. + +SEC. 210E. [6 U.S.C. 124L] NATIONAL ASSET DATABASE. + + (a) Establishment.-- + (1) National asset database.--The Secretary shall + establish and maintain a national database of each + system or asset that-- + (A) the Secretary, in consultation with + appropriate homeland security officials of the + States, determines to be vital and the loss, + interruption, incapacity, or destruction of + which would have a negative or debilitating + effect on the economic security, public health, + or safety of the United States, any State, or + any local government; or + (B) the Secretary determines is appropriate + for inclusion in the database. + (2) Prioritized critical infrastructure list.--In + accordance with Homeland Security Presidential + Directive-7, as in effect on January 1, 2007, the + Secretary shall establish and maintain a single + classified prioritized list of systems and assets + included in the database under paragraph (1) that the + Secretary determines would, if destroyed or disrupted, + cause national or regional catastrophic effects. + (b) Use of Database.--The Secretary shall use the database +established under subsection (a)(1) in the development and +implementation of Department plans and programs as appropriate. + (c) Maintenance of Database.-- + (1) In general.--The Secretary shall maintain and + annually update the database established under + subsection (a)(1) and the list established under + subsection (a)(2), including-- + (A) establishing data collection guidelines + and providing such guidelines to the + appropriate homeland security official of each + State; + (B) regularly reviewing the guidelines + established under subparagraph (A), including + by consulting with the appropriate homeland + security officials of States, to solicit + feedback about the guidelines, as appropriate; + (C) after providing the homeland security + official of a State with the guidelines under + subparagraph (A), allowing the official a + reasonable amount of time to submit to the + Secretary any data submissions recommended by + the official for inclusion in the database + established under subsection (a)(1); + (D) examining the contents and identifying + any submissions made by such an official that + are described incorrectly or that do not meet + the guidelines established under subparagraph + (A); and + (E) providing to the appropriate homeland + security official of each relevant State a list + of submissions identified under subparagraph + (D) for review and possible correction before + the Secretary finalizes the decision of which + submissions will be included in the database + established under subsection (a)(1). + (2) Organization of information in database.--The + Secretary shall organize the contents of the database + established under subsection (a)(1) and the list + established under subsection (a)(2) as the Secretary + determines is appropriate. Any organizational structure + of such contents shall include the categorization of + the contents-- + (A) according to the sectors listed in + National Infrastructure Protection Plan + developed pursuant to Homeland Security + Presidential Directive-7; and + (B) by the State and county of their + location. + (3) Private sector integration.--The Secretary + shall identify and evaluate methods, including the + Department's Protected Critical Infrastructure + Information Program, to acquire relevant private sector + information for the purpose of using that information + to generate any database or list, including the + database established under subsection (a)(1) and the + list established under subsection (a)(2). + (4) Retention of classification.--The + classification of information required to be provided + to Congress, the Department, or any other department or + agency under this section by a sector-specific agency, + including the assignment of a level of classification + of such information, shall be binding on Congress, the + Department, and that other Federal agency. + (d) Reports.-- + (1) Report required.--Not later than 180 days after + the date of the enactment of the Implementing + Recommendations of the 9/11 Commission Act of 2007, and + annually thereafter, the Secretary shall submit to the + Committee on Homeland Security and Governmental Affairs + of the Senate and the Committee on Homeland Security of + the House of Representatives a report on the database + established under subsection (a)(1) and the list + established under subsection (a)(2). + (2) Contents of report.--Each such report shall + include the following: + (A) The name, location, and sector + classification of each of the systems and + assets on the list established under subsection + (a)(2). + (B) The name, location, and sector + classification of each of the systems and + assets on such list that are determined by the + Secretary to be most at risk to terrorism. + (C) Any significant challenges in compiling + the list of the systems and assets included on + such list or in the database established under + subsection (a)(1). + (D) Any significant changes from the + preceding report in the systems and assets + included on such list or in such database. + (E) If appropriate, the extent to which + such database and such list have been used, + individually or jointly, for allocating funds + by the Federal Government to prevent, reduce, + mitigate, or respond to acts of terrorism. + (F) The amount of coordination between the + Department and the private sector, through any + entity of the Department that meets with + representatives of private sector industries + for purposes of such coordination, for the + purpose of ensuring the accuracy of such + database and such list. + (G) Any other information the Secretary + deems relevant. + (3) Classified information.--The report shall be + submitted in unclassified form but may contain a + classified annex. + (e) Inspector General Study.--By not later than two years +after the date of enactment of the Implementing Recommendations +of the 9/11 Commission Act of 2007, the Inspector General of +the Department shall conduct a study of the implementation of +this section. + (f) National Infrastructure Protection Consortium.--The +Secretary may establish a consortium to be known as the +``National Infrastructure Protection Consortium''. The +Consortium may advise the Secretary on the best way to +identify, generate, organize, and maintain any database or list +of systems and assets established by the Secretary, including +the database established under subsection (a)(1) and the list +established under subsection (a)(2). If the Secretary +establishes the National Infrastructure Protection Consortium, +the Consortium may-- + (1) be composed of national laboratories, Federal + agencies, State and local homeland security + organizations, academic institutions, or national + Centers of Excellence that have demonstrated experience + working with and identifying critical infrastructure + and key resources; and + (2) provide input to the Secretary on any request + pertaining to the contents of such database or such + list. + + Subtitle B--Critical Infrastructure Information + +SEC. 211. [6 U.S.C. 101 NOTE] SHORT TITLE. + + This subtitle may be cited as the ``Critical Infrastructure +Information Act of 2002''. + +SEC. 212. [6 U.S.C. 131] DEFINITIONS. + + In this subtitle: + (1) Agency.--The term ``agency'' has the meaning + given it in section 551 of title 5, United States Code. + (2) Covered federal agency.--The term ``covered + Federal agency'' means the Department of Homeland + Security. + (3) Critical infrastructure information.--The term + ``critical infrastructure information'' means + information not customarily in the public domain and + related to the security of critical infrastructure or + protected systems-- + (A) actual, potential, or threatened + interference with, attack on, compromise of, or + incapacitation of critical infrastructure or + protected systems by either physical or + computer-based attack or other similar conduct + (including the misuse of or unauthorized access + to all types of communications and data + transmission systems) that violates Federal, + State, or local law, harms interstate commerce + of the United States, or threatens public + health or safety; + (B) the ability of any critical + infrastructure or protected system to resist + such interference, compromise, or + incapacitation, including any planned or past + assessment, projection, or estimate of the + vulnerability of critical infrastructure or a + protected system, including security testing, + risk evaluation thereto, risk management + planning, or risk audit; or + (C) any planned or past operational problem + or solution regarding critical infrastructure + or protected systems, including repair, + recovery, reconstruction, insurance, or + continuity, to the extent it is related to such + interference, compromise, or incapacitation. + (4) Critical infrastructure protection program.-- + The term ``critical infrastructure protection program'' + means any component or bureau of a covered Federal + agency that has been designated by the President or any + agency head to receive critical infrastructure + information. + (5) Information sharing and analysis + organization.--The term ``Information Sharing and + Analysis Organization'' means any formal or informal + entity or collaboration created or employed by public + or private sector organizations, for purposes of-- + (A) gathering and analyzing critical + infrastructure information in order to better + understand security problems and + interdependencies related to critical + infrastructure and protected systems, so as to + ensure the availability, integrity, and + reliability thereof; + (B) communicating or disclosing critical + infrastructure information to help prevent, + detect, mitigate, or recover from the effects + of a interference, compromise, or a + incapacitation problem related to critical + infrastructure or protected systems; and + (C) voluntarily disseminating critical + infrastructure information to its members, + State, local, and Federal Governments, or any + other entities that may be of assistance in + carrying out the purposes specified in + subparagraphs (A) and (B). + (6) Protected system.--The term ``protected + system''-- + (A) means any service, physical or + computer-based system, process, or procedure + that directly or indirectly affects the + viability of a facility of critical + infrastructure; and + (B) includes any physical or computer-based + system, including a computer, computer system, + computer or communications network, or any + component hardware or element thereof, software + program, processing instructions, or + information or data in transmission or storage + therein, irrespective of the medium of + transmission or storage. + (7) Voluntary.-- + (A) In general.--The term ``voluntary'', in + the case of any submittal of critical + infrastructure information to a covered Federal + agency, means the submittal thereof in the + absence of such agency's exercise of legal + authority to compel access to or submission of + such information and may be accomplished by a + single entity or an Information Sharing and + Analysis Organization on behalf of itself or + its members. + (B) Exclusions.--The term ``voluntary''-- + (i) in the case of any action + brought under the securities laws as is + defined in section 3(a)(47) of the + Securities Exchange Act of 1934 (15 + U.S.C. 78c(a)(47))-- + (I) does not include + information or statements + contained in any documents or + materials filed with the + Securities and Exchange + Commission, or with Federal + banking regulators, pursuant to + section 12(i) of the Securities + Exchange Act of 1934 (15 U.S.C. + 781(I)); and + (II) with respect to the + submittal of critical + infrastructure information, + does not include any disclosure + or writing that when made + accompanied the solicitation of + an offer or a sale of + securities; and + (ii) does not include information + or statements submitted or relied upon + as a basis for making licensing or + permitting determinations, or during + regulatory proceedings. + +SEC. 213. [6 U.S.C. 132] DESIGNATION OF CRITICAL INFRASTRUCTURE + PROTECTION PROGRAM. + + A critical infrastructure protection program may be +designated as such by one of the following: + (1) The President. + (2) The Secretary of Homeland Security. + +SEC. 214. [6 U.S.C. 123] PROTECTION OF VOLUNTARILY SHARED CRITICAL + INFRASTRUCTURE INFORMATION. + + (a) Protection.-- + (1) In general.--Notwithstanding any other + provision of law, critical infrastructure information + (including the identity of the submitting person or + entity) that is voluntarily submitted to a covered + Federal agency for use by that agency regarding the + security of critical infrastructure and protected + systems, analysis, warning, interdependency study, + recovery, reconstitution, or other informational + purpose, when accompanied by an express statement + specified in paragraph (2)-- + (A) shall be exempt from disclosure under + section 552 of title 5, United States Code + (commonly referred to as the Freedom of + Information Act); + (B) shall not be subject to any agency + rules or judicial doctrine regarding ex parte + communications with a decision making official; + (C) shall not, without the written consent + of the person or entity submitting such + information, be used directly by such agency, + any other Federal, State, or local authority, + or any third party, in any civil action arising + under Federal or State law if such information + is submitted in good faith; + (D) shall not, without the written consent + of the person or entity submitting such + information, be used or disclosed by any + officer or employee of the United States for + purposes other than the purposes of this + subtitle, except-- + (i) in furtherance of an + investigation or the prosecution of a + criminal act; or + (ii) when disclosure of the + information would be-- + (I) to either House of + Congress, or to the extent of + matter within its jurisdiction, + any committee or subcommittee + thereof, any joint committee + thereof or subcommittee of any + such joint committee; or + (II) to the Comptroller + General, or any authorized + representative of the + Comptroller General, in the + course of the performance of + the duties of the General + Accounting Office. + (E) shall not, if provided to a State or + local government or government agency-- + (i) be made available pursuant to + any State or local law requiring + disclosure of information or records; + (ii) otherwise be disclosed or + distributed to any party by said State + or local government or government + agency without the written consent of + the person or entity submitting such + information; or + (iii) be used other than for the + purpose of protecting critical + infrastructure or protected systems, or + in furtherance of an investigation or + the prosecution of a criminal act; and + (F) does not constitute a waiver of any + applicable privilege or protection provided + under law, such as trade secret protection. + (2) Express statement.--For purposes of paragraph + (1), the term ``express statement'', with respect to + information or records, means-- + (A) in the case of written information or + records, a written marking on the information + or records substantially similar to the + following: ``This information is voluntarily + submitted to the Federal Government in + expectation of protection from disclosure as + provided by the provisions of the Critical + Infrastructure Information Act of 2002.''; or + (B) in the case of oral information, a + similar written statement submitted within a + reasonable period following the oral + communication. + (b) Limitation.--No communication of critical +infrastructure information to a covered Federal agency made +pursuant to this subtitle shall be considered to be an action +subject to the requirements of the Federal Advisory Committee +Act (5 U.S.C. App. 2). + (c) Independently Obtained Information.--Nothing in this +section shall be construed to limit or otherwise affect the +ability of a State, local, or Federal Government entity, +agency, or authority, or any third party, under applicable law, +to obtain critical infrastructure information in a manner not +covered by subsection (a), including any information lawfully +and properly disclosed generally or broadly to the public and +to use such information in any manner permitted by law. + (d) Treatment of Voluntary Submittal of Information.--The +voluntary submittal to the Government of information or records +that are protected from disclosure by this subtitle shall not +be construed to constitute compliance with any requirement to +submit such information to a Federal agency under any other +provision of law. + (e) Procedures.-- + (1) In general.--The Secretary of the Department of + Homeland Security shall, in consultation with + appropriate representatives of the National Security + Council and the Office of Science and Technology + Policy, establish uniform procedures for the receipt, + care, and storage by Federal agencies of critical + infrastructure information that is voluntarily + submitted to the Government. The procedures shall be + established not later than 90 days after the date of + the enactment of this subtitle. + (2) Elements.--The procedures established under + paragraph (1) shall include mechanisms regarding-- + (A) the acknowledgement of receipt by + Federal agencies of critical infrastructure + information that is voluntarily submitted to + the Government; + (B) the maintenance of the identification + of such information as voluntarily submitted to + the Government for purposes of and subject to + the provisions of this subtitle; + (C) the care and storage of such + information; and + (D) the protection and maintenance of the + confidentiality of such information so as to + permit the sharing of such information within + the Federal Government and with State and local + governments, and the issuance of notices and + warnings related to the protection of critical + infrastructure and protected systems, in such + manner as to protect from public disclosure the + identity of the submitting person or entity, or + information that is proprietary, business + sensitive, relates specifically to the + submitting person or entity, and is otherwise + not appropriately in the public domain. + (f) Penalties.--Whoever, being an officer or employee of +the United States or of any department or agency thereof, +knowingly publishes, divulges, discloses, or makes known in any +manner or to any extent not authorized by law, any critical +infrastructure information protected from disclosure by this +subtitle coming to him in the course of this employment or +official duties or by reason of any examination or +investigation made by, or return, report, or record made to or +filed with, such department or agency or officer or employee +thereof, shall be fined under title 18 of the United States +Code, imprisoned not more than 1 year, or both, and shall be +removed from office or employment. + (g) Authority To Issue Warnings.--The Federal Government +may provide advisories, alerts, and warnings to relevant +companies, targeted sectors, other governmental entities, or +the general public regarding potential threats to critical +infrastructure as appropriate. In issuing a warning, the +Federal Government shall take appropriate actions to protect +from disclosure-- + (1) the source of any voluntarily submitted + critical infrastructure information that forms the + basis for the warning; or + (2) information that is proprietary, business + sensitive, relates specifically to the submitting + person or entity, or is otherwise not appropriately in + the public domain. + (h) Authority To Delegate.--The President may delegate +authority to a critical infrastructure protection program, +designated under section 213, to enter into a voluntary +agreement to promote critical infrastructure security, +including with any Information Sharing and Analysis +Organization, or a plan of action as otherwise defined in +section 708 of the Defense Production Act of 1950 (50 U.S.C. +App. 2158). + +SEC. 215. [6 U.S.C. 134] NO PRIVATE RIGHT OF ACTION. + + Nothing in this subtitle may be construed to create a +private right of action for enforcement of any provision of +this Act. + + Subtitle C--Information Security + +SEC. 221. [6 U.S.C. 141] PROCEDURES FOR SHARING INFORMATION. + + The Secretary shall establish procedures on the use of +information shared under this title that-- + (1) limit the redissemination of such information + to ensure that it is not used for an unauthorized + purpose; + (2) ensure the security and confidentiality of such + information; + (3) protect the constitutional and statutory rights + of any individuals who are subjects of such + information; and + (4) provide data integrity through the timely + removal and destruction of obsolete or erroneous names + and information. + +SEC. 222. [6 U.S.C. 142] PRIVACY OFFICER. + + (a) Appointment and Responsibilities.--The Secretary shall +appoint a senior official in the Department, who shall report +directly to the Secretary, to assume primary responsibility for +privacy policy, including-- + (1) assuring that the use of technologies sustain, + and do not erode, privacy protections relating to the + use, collection, and disclosure of personal + information; + (2) assuring that personal information contained in + Privacy Act systems of records is handled in full + compliance with fair information practices as set out + in the Privacy Act of 1974; + (3) evaluating legislative and regulatory proposals + involving collection, use, and disclosure of personal + information by the Federal Government; + (4) conducting a privacy impact assessment of + proposed rules of the Department or that of the + Department on the privacy of personal information, + including the type of personal information collected + and the number of people affected; + (5) coordinating with the Officer for Civil Rights + and Civil Liberties to ensure that-- + (A) programs, policies, and procedures + involving civil rights, civil liberties, and + privacy considerations are addressed in an + integrated and comprehensive manner; and + (B) Congress receives appropriate reports + on such programs, policies, and procedures; and + (6) preparing a report to Congress on an annual + basis on activities of the Department that affect + privacy, including complaints of privacy violations, + implementation of the Privacy Act of 1974, internal + controls, and other matters. + (b) Authority To Investigate.-- + (1) In general.--The senior official appointed + under subsection (a) may-- + (A) have access to all records, reports, + audits, reviews, documents, papers, + recommendations, and other materials available + to the Department that relate to programs and + operations with respect to the responsibilities + of the senior official under this section; + (B) make such investigations and reports + relating to the administration of the programs + and operations of the Department as are, in the + senior official's judgment, necessary or + desirable; + (C) subject to the approval of the + Secretary, require by subpoena the production, + by any person other than a Federal agency, of + all information, documents, reports, answers, + records, accounts, papers, and other data and + documentary evidence necessary to performance + of the responsibilities of the senior official + under this section; and + (D) administer to or take from any person + an oath, affirmation, or affidavit, whenever + necessary to performance of the + responsibilities of the senior official under + this section. + (2) Enforcement of subpoenas.--Any subpoena issued + under paragraph (1)(C) shall, in the case of contumacy + or refusal to obey, be enforceable by order of any + appropriate United States district court. + (3) Effect of oaths.--Any oath, affirmation, or + affidavit administered or taken under paragraph (1)(D) + by or before an employee of the Privacy Office + designated for that purpose by the senior official + appointed under subsection (a) shall have the same + force and effect as if administered or taken by or + before an officer having a seal of office. + (c) Supervision and Coordination.-- + (1) In general.--The senior official appointed + under subsection (a) shall-- + (A) report to, and be under the general + supervision of, the Secretary; and + (B) coordinate activities with the + Inspector General of the Department in order to + avoid duplication of effort. + (2) Coordination with the inspector general.-- + (A) In general.--Except as provided in + subparagraph (B), the senior official appointed + under subsection (a) may investigate any matter + relating to possible violations or abuse + concerning the administration of any program or + operation of the Department relevant to the + purposes under this section. + (B) Coordination.-- + (i) Referral.--Before initiating + any investigation described under + subparagraph (A), the senior official + shall refer the matter and all related + complaints, allegations, and + information to the Inspector General of + the Department. + (ii) Determinations and + notifications by the inspector + general.-- + (I) In general.--Not later + than 30 days after the receipt + of a matter referred under + clause (i), the Inspector + General shall-- + (aa) make a + determination regarding + whether the Inspector + General intends to + initiate an audit or + investigation of the + matter referred under + clause (i); and + (bb) notify the + senior official of that + determination. + (II) Investigation not + initiated.--If the Inspector + General notifies the senior + official under subclause + (I)(bb) that the Inspector + General intended to initiate an + audit or investigation, but + does not initiate that audit or + investigation within 90 days + after providing that + notification, the Inspector + General shall further notify + the senior official that an + audit or investigation was not + initiated. The further + notification under this + subclause shall be made not + later than 3 days after the end + of that 90-day period. + (iii) Investigation by senior + official.--The senior official may + investigate a matter referred under + clause (i) if-- + (I) the Inspector General + notifies the senior official + under clause (ii)(I)(bb) that + the Inspector General does not + intend to initiate an audit or + investigation relating to that + matter; or + (II) the Inspector General + provides a further notification + under clause (ii)(II) relating + to that matter. + (iv) Privacy training.--Any + employee of the Office of Inspector + General who audits or investigates any + matter referred under clause (i) shall + be required to receive adequate + training on privacy laws, rules, and + regulations, to be provided by an + entity approved by the Inspector + General in consultation with the senior + official appointed under subsection + (a). + (d) Notification to Congress on Removal.--If the Secretary +removes the senior official appointed under subsection (a) or +transfers that senior official to another position or location +within the Department, the Secretary shall-- + (1) promptly submit a written notification of the + removal or transfer to Houses of Congress; and + (2) include in any such notification the reasons + for the removal or transfer. + (e) Reports by Senior Official to Congress.--The senior +official appointed under subsection (a) shall-- + (1) submit reports directly to the Congress + regarding performance of the responsibilities of the + senior official under this section, without any prior + comment or amendment by the Secretary, Deputy + Secretary, or any other officer or employee of the + Department or the Office of Management and Budget; and + (2) inform the Committee on Homeland Security and + Governmental Affairs of the Senate and the Committee on + Homeland Security of the House of Representatives not + later than-- + (A) 30 days after the Secretary disapproves + the senior official's request for a subpoena + under subsection (b)(1)(C) or the Secretary + substantively modifies the requested subpoena; + or + (B) 45 days after the senior official's + request for a subpoena under subsection + (b)(1)(C), if that subpoena has not either been + approved or disapproved by the Secretary. + +SEC. 223. [6 U.S.C. 143] ENHANCEMENT OF NON-FEDERAL CYBERSECURITY. + + In carrying out the responsibilities under section 201, the +Under Secretary for Intelligence and Analysis, in cooperation +with the Assistant Secretary for Infrastructure Protection +shall-- + (1) as appropriate, provide to State and local + government entities, and upon request to private + entities that own or operate critical information + systems-- + (A) analysis and warnings related to + threats to, and vulnerabilities of, critical + information systems; and + (B) in coordination with the Under + Secretary for Emergency Preparedness and + Response, crisis management support in response + to threats to, or attacks on, critical + information systems; and + (2) as appropriate, provide technical assistance, + upon request, to the private sector and other + government entities, in coordination with the Under + Secretary for Emergency Preparedness and Response, with + respect to emergency recovery plans to respond to major + failures of critical information systems. + +SEC. 224. [6 U.S.C. 144] NET GUARD. + + The Assistant Secretary for Infrastructure Protection may +establish a national technology guard, to be known as ``NET +Guard'', comprised of local teams of volunteers with expertise +in relevant areas of science and technology, to assist local +communities to respond and recover from attacks on information +systems and communications networks. + +SEC. 225. [6 U.S.C. 145] CYBER SECURITY ENHANCEMENT ACT OF 2002. + + (a) Short Title.--This section may be cited as the ``Cyber +Security Enhancement Act of 2002''. + (b) Amendment of Sentencing Guidelines Relating to Certain +Computer Crimes.-- + (1) Directive to the united states sentencing + commission.--Pursuant to its authority under section + 994(p) of title 28, United States Code, and in + accordance with this subsection, the United States + Sentencing Commission shall review and, if appropriate, + amend its guidelines and its policy statements + applicable to persons convicted of an offense under + section 1030 of title 18, United States Code. + (2) Requirements.--In carrying out this subsection, + the Sentencing Commission shall-- + (A) ensure that the sentencing guidelines + and policy statements reflect the serious + nature of the offenses described in paragraph + (1), the growing incidence of such offenses, + and the need for an effective deterrent and + appropriate punishment to prevent such + offenses; + (B) consider the following factors and the + extent to which the guidelines may or may not + account for them-- + (i) the potential and actual loss + resulting from the offense; + (ii) the level of sophistication + and planning involved in the offense; + (iii) whether the offense was + committed for purposes of commercial + advantage or private financial benefit; + (iv) whether the defendant acted + with malicious intent to cause harm in + committing the offense; + (v) the extent to which the offense + violated the privacy rights of + individuals harmed; + (vi) whether the offense involved a + computer used by the government in + furtherance of national defense, + national security, or the + administration of justice; + (vii) whether the violation was + intended to or had the effect of + significantly interfering with or + disrupting a critical infrastructure; + and + (viii) whether the violation was + intended to or had the effect of + creating a threat to public health or + safety, or injury to any person; + (C) assure reasonable consistency with + other relevant directives and with other + sentencing guidelines; + (D) account for any additional aggravating + or mitigating circumstances that might justify + exceptions to the generally applicable + sentencing ranges; + (E) make any necessary conforming changes + to the sentencing guidelines; and + (F) assure that the guidelines adequately + meet the purposes of sentencing as set forth in + section 3553(a)(2) of title 18, United States + Code. + (c) Study and Report on Computer Crimes.--Not later than +May 1, 2003, the United States Sentencing Commission shall +submit a brief report to Congress that explains any actions +taken by the Sentencing Commission in response to this section +and includes any recommendations the Commission may have +regarding statutory penalties for offenses under section 1030 +of title 18, United States Code. + (d) Emergency Disclosure Exception.-- + (1) * * * + + * * * * * * * + + (2) Reporting of disclosures.--A government entity + that receives a disclosure under section 2702(b) of + title 18, United States Code, shall file, not later + than 90 days after such disclosure, a report to the + Attorney General stating the paragraph of that section + under which the disclosure was made, the date of the + disclosure, the entity to which the disclosure was + made, the number of customers or subscribers to whom + the information disclosed pertained, and the number of + communications, if any, that were disclosed. The + Attorney General shall publish all such reports into a + single report to be submitted to Congress 1 year after + the date of enactment of this Act. + + * * * * * * * + + + Subtitle D--Office of Science and Technology + +SEC. 231. [6 U.S.C. 161] ESTABLISHMENT OF OFFICE; DIRECTOR. + + (a) Establishment.-- + (1) In general.--There is hereby established within + the Department of Justice an Office of Science and + Technology (hereinafter in this title referred to as + the ``Office''). + (2) Authority.--The Office shall be under the + general authority of the Assistant Attorney General, + Office of Justice Programs, and shall be established + within the National Institute of Justice. + (b) Director.--The Office shall be headed by a Director, +who shall be an individual appointed based on approval by the +Office of Personnel Management of the executive qualifications +of the individual. + +SEC. 232. [6 U.S.C. 162] MISSION OF OFFICE; DUTIES. + + (a) Mission.--The mission of the Office shall be-- + (1) to serve as the national focal point for work + on law enforcement technology; and + (2) to carry out programs that, through the + provision of equipment, training, and technical + assistance, improve the safety and effectiveness of law + enforcement technology and improve access to such + technology by Federal, State, and local law enforcement + agencies. + (b) Duties.--In carrying out its mission, the Office shall +have the following duties: + (1) To provide recommendations and advice to the + Attorney General. + (2) To establish and maintain advisory groups + (which shall be exempt from the provisions of the + Federal Advisory Committee Act (5 U.S.C. App.)) to + assess the law enforcement technology needs of Federal, + State, and local law enforcement agencies. + (3) To establish and maintain performance standards + in accordance with the National Technology Transfer and + Advancement Act of 1995 (Public Law 104-113) for, and + test and evaluate law enforcement technologies that may + be used by, Federal, State, and local law enforcement + agencies. + (4) To establish and maintain a program to certify, + validate, and mark or otherwise recognize law + enforcement technology products that conform to + standards established and maintained by the Office in + accordance with the National Technology Transfer and + Advancement Act of 1995 (Public Law 104-113). The + program may, at the discretion of the Office, allow for + supplier's declaration of conformity with such + standards. + (5) To work with other entities within the + Department of Justice, other Federal agencies, and the + executive office of the President to establish a + coordinated Federal approach on issues related to law + enforcement technology. + (6) To carry out research, development, testing, + evaluation, and cost-benefit analyses in fields that + would improve the safety, effectiveness, and efficiency + of law enforcement technologies used by Federal, State, + and local law enforcement agencies, including, but not + limited to-- + (A) weapons capable of preventing use by + unauthorized persons, including personalized + guns; + (B) protective apparel; + (C) bullet-resistant and explosion- + resistant glass; + (D) monitoring systems and alarm systems + capable of providing precise location + information; + (E) wire and wireless interoperable + communication technologies; + (F) tools and techniques that facilitate + investigative and forensic work, including + computer forensics; + (G) equipment for particular use in + counterterrorism, including devices and + technologies to disable terrorist devices; + (H) guides to assist State and local law + enforcement agencies; + (I) DNA identification technologies; and + (J) tools and techniques that facilitate + investigations of computer crime. + (7) To administer a program of research, + development, testing, and demonstration to improve the + interoperability of voice and data public safety + communications. + (8) To serve on the Technical Support Working Group + of the Department of Defense, and on other relevant + interagency panels, as requested. + (9) To develop, and disseminate to State and local + law enforcement agencies, technical assistance and + training materials for law enforcement personnel, + including prosecutors. + (10) To operate the regional National Law + Enforcement and Corrections Technology Centers and, to + the extent necessary, establish additional centers + through a competitive process. + (11) To administer a program of acquisition, + research, development, and dissemination of advanced + investigative analysis and forensic tools to assist + State and local law enforcement agencies in combating + cybercrime. + (12) To support research fellowships in support of + its mission. + (13) To serve as a clearinghouse for information on + law enforcement technologies. + (14) To represent the United States and State and + local law enforcement agencies, as requested, in + international activities concerning law enforcement + technology. + (15) To enter into contracts and cooperative + agreements and provide grants, which may require in- + kind or cash matches from the recipient, as necessary + to carry out its mission. + (16) To carry out other duties assigned by the + Attorney General to accomplish the mission of the + Office. + (c) Competition Required.--Except as otherwise expressly +provided by law, all research and development carried out by or +through the Office shall be carried out on a competitive basis. + (d) Information From Federal Agencies.--Federal agencies +shall, upon request from the Office and in accordance with +Federal law, provide the Office with any data, reports, or +other information requested, unless compliance with such +request is otherwise prohibited by law. + (e) Publications.--Decisions concerning publications issued +by the Office shall rest solely with the Director of the +Office. + (f) Transfer of Funds.--The Office may transfer funds to +other Federal agencies or provide funding to non-Federal +entities through grants, cooperative agreements, or contracts +to carry out its duties under this section: Provided, That any +such transfer or provision of funding shall be carried out in +accordance with section 605 of Public Law 107-77. + (g) Annual Report.--The Director of the Office shall +include with the budget justification materials submitted to +Congress in support of the Department of Justice budget for +each fiscal year (as submitted with the budget of the President +under section 1105(a) of title 31, United States Code) a report +on the activities of the Office. Each such report shall include +the following: + (1) For the period of 5 fiscal years beginning with + the fiscal year for which the budget is submitted-- + (A) the Director's assessment of the needs + of Federal, State, and local law enforcement + agencies for assistance with respect to law + enforcement technology and other matters + consistent with the mission of the Office; and + (B) a strategic plan for meeting such needs + of such law enforcement agencies. + (2) For the fiscal year preceding the fiscal year + for which such budget is submitted, a description of + the activities carried out by the Office and an + evaluation of the extent to which those activities + successfully meet the needs assessed under paragraph + (1)(A) in previous reports. + +SEC. 233. [6 U.S.C. 163] DEFINITION OF LAW ENFORCEMENT TECHNOLOGY. + + For the purposes of this title, the term ``law enforcement +technology'' includes investigative and forensic technologies, +corrections technologies, and technologies that support the +judicial process. + +SEC. 234. [6 U.S.C. 164] ABOLISHMENT OF OFFICE OF SCIENCE AND + TECHNOLOGY OF NATIONAL INSTITUTE OF JUSTICE; + TRANSFER OF FUNCTIONS. + + (a) Authority To Transfer Functions.--The Attorney General +may transfer to the Office any other program or activity of the +Department of Justice that the Attorney General, in +consultation with the Committee on the Judiciary of the Senate +and the Committee on the Judiciary of the House of +Representatives, determines to be consistent with the mission +of the Office. + (b) Transfer of Personnel and Assets.--With respect to any +function, power, or duty, or any program or activity, that is +established in the Office, those employees and assets of the +element of the Department of Justice from which the transfer is +made that the Attorney General determines are needed to perform +that function, power, or duty, or for that program or activity, +as the case may be, shall be transferred to the Office: +Provided, That any such transfer shall be carried out in +accordance with section 605 of Public Law 107-77. + (c) Report on Implementation.--Not later than 1 year after +the date of the enactment of this Act, the Attorney General +shall submit to the Committee on the Judiciary of the Senate +and the Committee on the Judiciary of the House of +Representatives a report on the implementation of this title. +The report shall-- + (1) provide an accounting of the amounts and + sources of funding available to the Office to carry out + its mission under existing authorizations and + appropriations, and set forth the future funding needs + of the Office; and + (2) include such other information and + recommendations as the Attorney General considers + appropriate. + +SEC. 235. [6 U.S.C. 165] NATIONAL LAW ENFORCEMENT AND CORRECTIONS + TECHNOLOGY CENTERS. + + (a) In General.--The Director of the Office shall operate +and support National Law Enforcement and Corrections Technology +Centers (hereinafter in this section referred to as +``Centers'') and, to the extent necessary, establish new +centers through a merit-based, competitive process. + (b) Purpose of Centers.--The purpose of the Centers shall +be to-- + (1) support research and development of law + enforcement technology; + (2) support the transfer and implementation of + technology; + (3) assist in the development and dissemination of + guidelines and technological standards; and + (4) provide technology assistance, information, and + support for law enforcement, corrections, and criminal + justice purposes. + (c) Annual Meeting.--Each year, the Director shall convene +a meeting of the Centers in order to foster collaboration and +communication between Center participants. + (d) Report.--Not later than 12 months after the date of the +enactment of this Act, the Director shall transmit to the +Congress a report assessing the effectiveness of the existing +system of Centers and identify the number of Centers necessary +to meet the technology needs of Federal, State, and local law +enforcement in the United States. + + * * * * * * * + + + TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY + +SEC. 301. [6 U.S.C. 181] UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY. + + There shall be in the Department a Directorate of Science +and Technology headed by an Under Secretary for Science and +Technology. + +SEC. 302. [6 U.S.C. 182] RESPONSIBILITIES AND AUTHORITIES OF THE UNDER + SECRETARY FOR SCIENCE AND TECHNOLOGY. + + The Secretary, acting through the Under Secretary for +Science and Technology, shall have the responsibility for-- + (1) advising the Secretary regarding research and + development efforts and priorities in support of the + Department's missions; + (2) developing, in consultation with other + appropriate executive agencies, a national policy and + strategic plan for, identifying priorities, goals, + objectives and policies for, and coordinating the + Federal Government's civilian efforts to identify and + develop countermeasures to chemical, biological,, \1\ + and other emerging terrorist threats, including the + development of comprehensive, research-based definable + goals for such efforts and development of annual + measurable objectives and specific targets to + accomplish and evaluate the goals for such efforts; +--------------------------------------------------------------------------- + \1\ Two commas so in law. See section 501(b)(2)(A) of Public Law +109-347 (120 Stat. 1935). +--------------------------------------------------------------------------- + (3) supporting the Under Secretary for Intelligence + and Analysis and the Assistant Secretary for + Infrastructure Protection, by assessing and testing + homeland security vulnerabilities and possible threats; + (4) conducting basic and applied research, + development, demonstration, testing, and evaluation + activities that are relevant to any or all elements of + the Department, through both intramural and extramural + programs, except that such responsibility does not + extend to human health-related research and development + activities; + (5) establishing priorities for, directing, + funding, and conducting national research, development, + test and evaluation, and procurement of technology and + systems for-- + (A) preventing the importation of chemical, + biological,, \1\ and related weapons and + material; and +--------------------------------------------------------------------------- + \1\ Two commas so in law. See section 501(b)(2)(B) of Public Law +109-347 (120 Stat. 1935). +--------------------------------------------------------------------------- + (B) detecting, preventing, protecting + against, and responding to terrorist attacks; + (6) establishing a system for transferring homeland + security developments or technologies to Federal, + State, local government, and private sector entities; + (7) entering into work agreements, joint + sponsorships, contracts, or any other agreements with + the Department of Energy regarding the use of the + national laboratories or sites and support of the + science and technology base at those facilities; + (8) collaborating with the Secretary of Agriculture + and the Attorney General as provided in section 212 of + the Agricultural Bioterrorism Protection Act of 2002 (7 + U.S.C. 8401), as amended by section 1709(b); + (9) collaborating with the Secretary of Health and + Human Services and the Attorney General in determining + any new biological agents and toxins that shall be + listed as ``select agents'' in Appendix A of part 72 of + title 42, Code of Federal Regulations, pursuant to + section 351A of the Public Health Service Act (42 + U.S.C. 262a); + (10) supporting United States leadership in science + and technology; + (11) establishing and administering the primary + research and development activities of the Department, + including the long-term research and development needs + and capabilities for all elements of the Department; + (12) coordinating and integrating all research, + development, demonstration, testing, and evaluation + activities of the Department; + (13) coordinating with other appropriate executive + agencies in developing and carrying out the science and + technology agenda of the Department to reduce + duplication and identify unmet needs; and + (14) developing and overseeing the administration + of guidelines for merit review of research and + development projects throughout the Department, and for + the dissemination of research conducted or sponsored by + the Department. + +SEC. 303. [6 U.S.C. 183] FUNCTIONS TRANSFERRED. + + In accordance with title XV, there shall be transferred to +the Secretary the functions, personnel, assets, and liabilities +of the following entities: + (1) The following programs and activities of the + Department of Energy, including the functions of the + Secretary of Energy relating thereto (but not including + programs and activities relating to the strategic + nuclear defense posture of the United States): + (A) The chemical and biological national + security and supporting programs and activities + of the nonproliferation and verification + research and development program. + (B) The nuclear smuggling programs and + activities within the proliferation detection + program of the nonproliferation and + verification research and development program. + The programs and activities described in this + subparagraph may be designated by the President + either for transfer to the Department or for + joint operation by the Secretary and the + Secretary of Energy. + (C) The nuclear assessment program and + activities of the assessment, detection, and + cooperation program of the international + materials protection and cooperation program. + (D) Such life sciences activities of the + biological and environmental research program + related to microbial pathogens as may be + designated by the President for transfer to the + Department. + (E) The Environmental Measurements + Laboratory. + (F) The advanced scientific computing + research program and activities at Lawrence + Livermore National Laboratory. + (2) The National Bio-Weapons Defense Analysis + Center of the Department of Defense, including the + functions of the Secretary of Defense related thereto. + +SEC. 304. [6 U.S.C. 184] CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED + ACTIVITIES. + + (a) In General.--With respect to civilian human health- +related research and development activities relating to +countermeasures for chemical, biological, radiological, and +nuclear and other emerging terrorist threats carried out by the +Department of Health and Human Services (including the Public +Health Service), the Secretary of Health and Human Services +shall set priorities, goals, objectives, and policies and +develop a coordinated strategy for such activities in +collaboration with the Secretary of Homeland Security to ensure +consistency with the national policy and strategic plan +developed pursuant to section 302(2). + (b) Evaluation of Progress.--In carrying out subsection +(a), the Secretary of Health and Human Services shall +collaborate with the Secretary in developing specific +benchmarks and outcome measurements for evaluating progress +toward achieving the priorities and goals described in such +subsection. + + * * * * * * * + + +SEC. 305. [6 U.S.C. 185] FEDERALLY FUNDED RESEARCH AND DEVELOPMENT + CENTERS. + + The Secretary, acting through the Under Secretary for +Science and Technology, shall have the authority to establish +or contract with 1 or more federally funded research and +development centers to provide independent analysis of homeland +security issues, or to carry out other responsibilities under +this Act, including coordinating and integrating both the +extramural and intramural programs described in section 308. + +SEC. 306. [6 U.S.C. 186] MISCELLANEOUS PROVISIONS. + + (a) Classification.--To the greatest extent practicable, +research conducted or supported by the Department shall be +unclassified. + (b) Construction.--Nothing in this title shall be construed +to preclude any Under Secretary of the Department from carrying +out research, development, demonstration, or deployment +activities, as long as such activities are coordinated through +the Under Secretary for Science and Technology. + (c) Regulations.--The Secretary, acting through the Under +Secretary for Science and Technology, may issue necessary +regulations with respect to research, development, +demonstration, testing, and evaluation activities of the +Department, including the conducting, funding, and reviewing of +such activities. + (d) Notification of Presidential Life Sciences +Designations.--Not later than 60 days before effecting any +transfer of Department of Energy life sciences activities +pursuant to section 303(1)(D) of this Act, the President shall +notify the appropriate congressional committees of the proposed +transfer and shall include the reasons for the transfer and a +description of the effect of the transfer on the activities of +the Department of Energy. + +SEC. 307. [6 U.S.C. 187] HOMELAND SECURITY ADVANCED RESEARCH PROJECTS + AGENCY. + + (a) Definitions.--In this section: + (1) Fund.--The term ``Fund'' means the Acceleration + Fund for Research and Development of Homeland Security + Technologies established in subsection (c). + (2) Homeland security research.--The term + ``homeland security research'' means research relevant + to the detection of, prevention of, protection against, + response to, attribution of, and recovery from homeland + security threats, particularly acts of terrorism. + (3) HSARPA.--The term ``HSARPA'' means the Homeland + Security Advanced Research Projects Agency established + in subsection (b). + (4) Under secretary.--The term ``Under Secretary'' + means the Under Secretary for Science and Technology. + (b) Homeland Security Advanced Research Projects Agency.-- + (1) Establishment.--There is established the + Homeland Security Advanced Research Projects Agency. + (2) Director.--HSARPA shall be headed by a + Director, who shall be appointed by the Secretary. The + Director shall report to the Under Secretary. + (3) Responsibilities.--The Director shall + administer the Fund to award competitive, merit- + reviewed grants, cooperative agreements or contracts to + public or private entities, including businesses, + federally funded research and development centers, and + universities. The Director shall administer the Fund + to-- + (A) support basic and applied homeland + security research to promote revolutionary + changes in technologies that would promote + homeland security; + (B) advance the development, testing and + evaluation, and deployment of critical homeland + security technologies; and + (C) accelerate the prototyping and + deployment of technologies that would address + homeland security vulnerabilities. + (4) Targeted competitions.--The Director may + solicit proposals to address specific vulnerabilities + identified by the Director. + (5) Coordination.--The Director shall ensure that + the activities of HSARPA are coordinated with those of + other relevant research agencies, and may run projects + jointly with other agencies. + (6) Personnel.--In hiring personnel for HSARPA, the + Secretary shall have the hiring and management + authorities described in section 1101 of the Strom + Thurmond National Defense Authorization Act for Fiscal + Year 1999 (5 U.S.C. 3104 note; Public Law 105-261). The + term of appointments for employees under subsection + (c)(1) of that section may not exceed 5 years before + the granting of any extension under subsection (c)(2) + of that section. + (7) Demonstrations.--The Director, periodically, + shall hold homeland security technology demonstrations + to improve contact among technology developers, vendors + and acquisition personnel. + (c) Fund.-- + (1) Establishment.--There is established the + Acceleration Fund for Research and Development of + Homeland Security Technologies, which shall be + administered by the Director of HSARPA. + (2) Authorization of appropriations.--There are + authorized to be appropriated $500,000,000 to the Fund + for fiscal year 2003 and such sums as may be necessary + thereafter. + (3) Coast guard.--Of the funds authorized to be + appropriated under paragraph (2), not less than 10 + percent of such funds for each fiscal year through + fiscal year 2005 shall be authorized only for the Under + Secretary, through joint agreement with the Commandant + of the Coast Guard, to carry out research and + development of improved ports, waterways and coastal + security surveillance and perimeter protection + capabilities for the purpose of minimizing the + possibility that Coast Guard cutters, aircraft, + helicopters, and personnel will be diverted from non- + homeland security missions to the ports, waterways and + coastal security mission. + +SEC. 308. [6 U.S.C. 188] CONDUCT OF RESEARCH, DEVELOPMENT, + DEMONSTRATION, TESTING AND EVALUATION. + + (a) In General.--The Secretary, acting through the Under +Secretary for Science and Technology, shall carry out the +responsibilities under section 302(4) through both extramural +and intramural programs. + (b) Extramural Programs.-- + (1) In general.--The Secretary, acting through the + Under Secretary for Science and Technology, shall + operate extramural research, development, + demonstration, testing, and evaluation programs so as + to-- + (A) ensure that colleges, universities, + private research institutes, and companies (and + consortia thereof) from as many areas of the + United States as practicable participate; + (B) ensure that the research funded is of + high quality, as determined through merit + review processes developed under section + 302(14); and + (C) distribute funds through grants, + cooperative agreements, and contracts. + (2) University-based centers for homeland + security.-- + (A) Designation.--The Secretary, acting + through the Under Secretary for Science and + Technology, shall designate a university-based + center or several university-based centers for + homeland security. The purpose of the center or + these centers shall be to establish a + coordinated, university-based system to enhance + the Nation's homeland security. + (B) Criteria for designation.--Criteria for + the designation of colleges or universities as + a center for homeland security, shall include, + but are not limited to, demonstrated expertise + in-- + (i) The training of first + responders. + (ii) Responding to incidents + involving weapons of mass destruction + and biological warfare. + (iii) Emergency and diagnostic + medical services. + (iv) Chemical, biological, + radiological, and nuclear + countermeasures or detection. + (v) Animal and plant health and + diagnostics. + (vi) Food safety. + (vii) Water and wastewater + operations. + (viii) Port and waterway security. + (ix) Multi-modal transportation. + (x) Information security and + information engineering. + (xi) Engineering. + (xii) Educational outreach and + technical assistance. + (xiii) Border transportation and + security. + (xiv) The public policy + implications and public dissemination + of homeland security related research + and development. + (C) Discretion of secretary.--To the extent + that exercising such discretion is in the + interest of homeland security, and with respect + to the designation of any given university- + based center for homeland security, the + Secretary may except certain criteria as + specified in section 308(b)(2)(B) and consider + additional criteria beyond those specified in + section 308(b)(2)(B). Upon designation of a + university-based center for homeland security, + the Secretary shall that day publish in the + Federal Register the criteria that were + excepted or added in the selection process and + the justification for the set of criteria that + were used for that designation. + (D) Report to congress.--The Secretary + shall report annually, from the date of + enactment, to Congress concerning the + implementation of this section. That report + shall indicate which center or centers have + been designated and how the designation or + designations enhance homeland security, as well + as report any decisions to revoke or modify + such designations. + (E) Authorization of appropriations.--There + are authorized to be appropriated such sums as + may be necessary to carry out this paragraph. + (c) Intramural Programs.-- + (1) Consultation.--In carrying out the duties under + section 302, the Secretary, acting through the Under + Secretary for Science and Technology, may draw upon the + expertise of any laboratory of the Federal Government, + whether operated by a contractor or the Government. + (2) Laboratories.--The Secretary, acting through + the Under Secretary for Science and Technology, may + establish a headquarters laboratory for the Department + at any laboratory or site and may establish additional + laboratory units at other laboratories or sites. + (3) Criteria for headquarters laboratory.--If the + Secretary chooses to establish a headquarters + laboratory pursuant to paragraph (2), then the + Secretary shall do the following: + (A) Establish criteria for the selection of + the headquarters laboratory in consultation + with the National Academy of Sciences, + appropriate Federal agencies, and other + experts. + (B) Publish the criteria in the Federal + Register. + (C) Evaluate all appropriate laboratories + or sites against the criteria. + (D) Select a laboratory or site on the + basis of the criteria. + (E) Report to the appropriate congressional + committees on which laboratory was selected, + how the selected laboratory meets the published + criteria, and what duties the headquarters + laboratory shall perform. + (4) Limitation on operation of laboratories.--No + laboratory shall begin operating as the headquarters + laboratory of the Department until at least 30 days + after the transmittal of the report required by + paragraph (3)(E). + +SEC. 309. [6 U.S.C. 189] UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL + LABORATORIES AND SITES IN SUPPORT OF HOMELAND + SECURITY ACTIVITIES. + + (a) Authority to Utilize National Laboratories and Sites.-- + (1) In general.--In carrying out the missions of + the Department, the Secretary may utilize the + Department of Energy national laboratories and sites + through any 1 or more of the following methods, as the + Secretary considers appropriate: + (A) A joint sponsorship arrangement + referred to in subsection (b). + (B) A direct contract between the + Department and the applicable Department of + Energy laboratory or site, subject to + subsection (c). + (C) Any ``work for others'' basis made + available by that laboratory or site. + (D) Any other method provided by law. + (2) Acceptance and Performance by Labs and Sites.-- + Notwithstanding any other law governing the + administration, mission, use, or operations of any of + the Department of Energy national laboratories and + sites, such laboratories and sites are authorized to + accept and perform work for the Secretary, consistent + with resources provided, and perform such work on an + equal basis to other missions at the laboratory and not + on a noninterference basis with other missions of such + laboratory or site. + (b) Joint Sponsorship Arrangements.-- + (1) Laboratories.--The Department may be a joint + sponsor, under a multiple agency sponsorship + arrangement with the Department of Energy, of 1 or more + Department of Energy national laboratories in the + performance of work. + (2) Sites.--The Department may be a joint sponsor + of a Department of Energy site in the performance of + work as if such site were a federally funded research + and development center and the work were performed + under a multiple agency sponsorship arrangement with + the Department. + (3) Primary sponsor.--The Department of Energy + shall be the primary sponsor under a multiple agency + sponsorship arrangement referred to in paragraph (1) or + (2). + (4) Lead agent.--The Secretary of Energy shall act + as the lead agent in coordinating the formation and + performance of a joint sponsorship arrangement under + this subsection between the Department and a Department + of Energy national laboratory or site. + (5) Federal acquisition regulation.--Any work + performed by a Department of Energy national laboratory + or site under a joint sponsorship arrangement under + this subsection shall comply with the policy on the use + of federally funded research and development centers + under the Federal Acquisition Regulations. + (6) Funding.--The Department shall provide funds + for work at the Department of Energy national + laboratories or sites, as the case may be, under a + joint sponsorship arrangement under this subsection + under the same terms and conditions as apply to the + primary sponsor of such national laboratory under + section 303(b)(1)(C) of the Federal Property and + Administrative Services Act of 1949 (41 U.S.C. + 253(b)(1)(C)) or of such site to the extent such + section applies to such site as a federally funded + research and development center by reason of this + subsection. + (c) Separate Contracting.--To the extent that programs or +activities transferred by this Act from the Department of +Energy to the Department of Homeland Security are being carried +out through direct contracts with the operator of a national +laboratory or site of the Department of Energy, the Secretary +of Homeland Security and the Secretary of Energy shall ensure +that direct contracts for such programs and activities between +the Department of Homeland Security and such operator are +separate from the direct contracts of the Department of Energy +with such operator. + (d) Authority With Respect to Cooperative Research and +Development Agreements and Licensing Agreements.--In connection +with any utilization of the Department of Energy national +laboratories and sites under this section, the Secretary may +permit the director of any such national laboratory or site to +enter into cooperative research and development agreements or +to negotiate licensing agreements with any person, any agency +or instrumentality, of the United States, any unit of State or +local government, and any other entity under the authority +granted by section 12 of the Stevenson-Wydler Technology +Innovation Act of 1980 (15 U.S.C. 3710a). Technology may be +transferred to a non-Federal party to such an agreement +consistent with the provisions of sections 11 and 12 of that +Act (15 U.S.C. 3710, 3710a). + (e) Reimbursement of Costs.--In the case of an activity +carried out by the operator of a Department of Energy national +laboratory or site in connection with any utilization of such +laboratory or site under this section, the Department of +Homeland Security shall reimburse the Department of Energy for +costs of such activity through a method under which the +Secretary of Energy waives any requirement for the Department +of Homeland Security to pay administrative charges or personnel +costs of the Department of Energy or its contractors in excess +of the amount that the Secretary of Energy pays for an activity +carried out by such contractor and paid for by the Department +of Energy. + (f) Laboratory Directed Research and Development by the +Department of Energy.--No funds authorized to be appropriated +or otherwise made available to the Department in any fiscal +year may be obligated or expended for laboratory directed +research and development activities carried out by the +Department of Energy unless such activities support the +missions of the Department of Homeland Security. + (g) Office for National Laboratories.--There is established +within the Directorate of Science and Technology an Office for +National Laboratories, which shall be responsible for the +coordination and utilization of the Department of Energy +national laboratories and sites under this section in a manner +to create a networked laboratory system for the purpose of +supporting the missions of the Department. + (h) Department of Energy Coordination on Homeland Security +Related Research.--The Secretary of Energy shall ensure that +any research, development, test, and evaluation activities +conducted within the Department of Energy that are directly or +indirectly related to homeland security are fully coordinated +with the Secretary to minimize duplication of effort and +maximize the effective application of Federal budget resources. + +SEC. 310. [6 U.S.C. 190] TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, + DEPARTMENT OF AGRICULTURE. + + (a) In General.--In accordance with title XV, the Secretary +of Agriculture shall transfer to the Secretary of Homeland +Security the Plum Island Animal Disease Center of the +Department of Agriculture, including the assets and liabilities +of the Center. + (b) Continued Department of Agriculture Access.--On +completion of the transfer of the Plum Island Animal Disease +Center under subsection (a), the Secretary of Homeland Security +and the Secretary of Agriculture shall enter into an agreement +to ensure that the Department of Agriculture is able to carry +out research, diagnostic, and other activities of the +Department of Agriculture at the Center. + (c) Direction of Activities.--The Secretary of Agriculture +shall continue to direct the research, diagnostic, and other +activities of the Department of Agriculture at the Center +described in subsection (b). + (d) Notification.-- + (1) In general.--At least 180 days before any + change in the biosafety level at the Plum Island Animal + Disease Center, the President shall notify Congress of + the change and describe the reasons for the change. + (2) Limitation.--No change described in paragraph + (1) may be made earlier than 180 days after the + completion of the transition period (as defined in + section 1501). + +SEC. 311. [6 U.S.C. 191] HOMELAND SECURITY SCIENCE AND TECHNOLOGY + ADVISORY COMMITTEE. + + (a) Establishment.--There is established within the +Department a Homeland Security Science and Technology Advisory +Committee (in this section referred to as the ``Advisory +Committee''). The Advisory Committee shall make recommendations +with respect to the activities of the Under Secretary for +Science and Technology, including identifying research areas of +potential importance to the security of the Nation. + (b) Membership.-- + (1) Appointment.--The Advisory Committee shall + consist of 20 members appointed by the Under Secretary + for Science and Technology, which shall include + emergency first-responders or representatives of + organizations or associations of emergency first- + responders. The Advisory Committee shall also include + representatives of citizen groups, including + economically disadvantaged communities. The individuals + appointed as members of the Advisory Committee-- + (A) shall be eminent in fields such as + emergency response, research, engineering, new + product development, business, and management + consulting; + (B) shall be selected solely on the basis + of established records of distinguished + service; + (C) shall not be employees of the Federal + Government; and + (D) shall be so selected as to provide + representation of a cross-section of the + research, development, demonstration, and + deployment activities supported by the Under + Secretary for Science and Technology. + (2) National research council.--The Under Secretary + for Science and Technology may enter into an + arrangement for the National Research Council to select + members of the Advisory Committee, but only if the + panel used by the National Research Council reflects + the representation described in paragraph (1). + (c) Terms of Office.-- + (1) In general.--Except as otherwise provided in + this subsection, the term of office of each member of + the Advisory Committee shall be 3 years. + (2) Original appointments.--The original members of + the Advisory Committee shall be appointed to three + classes. One class of six shall have a term of 1 year, + one class of seven a term of 2 years, and one class of + seven a term of 3 years. + (3) Vacancies.--A member appointed to fill a + vacancy occurring before the expiration of the term for + which the member's predecessor was appointed shall be + appointed for the remainder of such term. + (d) Eligibility.--A person who has completed two +consecutive full terms of service on the Advisory Committee +shall thereafter be ineligible for appointment during the 1- +year period following the expiration of the second such term. + (e) Meetings.--The Advisory Committee shall meet at least +quarterly at the call of the Chair or whenever one-third of the +members so request in writing. Each member shall be given +appropriate notice of the call of each meeting, whenever +possible not less than 15 days before the meeting. + (f) Quorum.--A majority of the members of the Advisory +Committee not having a conflict of interest in the matter being +considered by the Advisory Committee shall constitute a quorum. + (g) Conflict of Interest Rules.--The Advisory Committee +shall establish rules for determining when 1 of its members has +a conflict of interest in a matter being considered by the +Advisory Committee. + (h) Reports.-- + (1) Annual report.--The Advisory Committee shall + render an annual report to the Under Secretary for + Science and Technology for transmittal to Congress on + or before January 31 of each year. Such report shall + describe the activities and recommendations of the + Advisory Committee during the previous year. + (2) Additional reports.--The Advisory Committee may + render to the Under Secretary for transmittal to + Congress such additional reports on specific policy + matters as it considers appropriate. + (i) Federal Advisory Committee Act Exemption.--Section 14 +of the Federal Advisory Committee Act shall not apply to the +Advisory Committee. + (j) Termination.--The Department of Homeland Security +Science and Technology Advisory Committee shall terminate on +December 31, 2008. + +SEC. 312. [6 U.S.C. 192] HOMELAND SECURITY INSTITUTE. + + (a) Establishment.--The Secretary shall establish a +federally funded research and development center to be known as +the ``Homeland Security Institute'' (in this section referred +to as the ``Institute''). + (b) Administration.--The Institute shall be administered as +a separate entity by the Secretary. + (c) Duties.--The duties of the Institute shall be +determined by the Secretary, and may include the following: + (1) Systems analysis, risk analysis, and simulation + and modeling to determine the vulnerabilities of the + Nation's critical infrastructures and the effectiveness + of the systems deployed to reduce those + vulnerabilities. + (2) Economic and policy analysis to assess the + distributed costs and benefits of alternative + approaches to enhancing security. + (3) Evaluation of the effectiveness of measures + deployed to enhance the security of institutions, + facilities, and infrastructure that may be terrorist + targets. + (4) Identification of instances when common + standards and protocols could improve the + interoperability and effective utilization of tools + developed for field operators and first responders. + (5) Assistance for Federal agencies and departments + in establishing testbeds to evaluate the effectiveness + of technologies under development and to assess the + appropriateness of such technologies for deployment. + (6) Design of metrics and use of those metrics to + evaluate the effectiveness of homeland security + programs throughout the Federal Government, including + all national laboratories. + (7) Design of and support for the conduct of + homeland security-related exercises and simulations. + (8) Creation of strategic technology development + plans to reduce vulnerabilities in the Nation's + critical infrastructure and key resources. + (d) Consultation on Institute Activities.--In carrying out +the duties described in subsection (c), the Institute shall +consult widely with representatives from private industry, +institutions of higher education, nonprofit institutions, other +Government agencies, and federally funded research and +development centers. + (e) Use of Centers.--The Institute shall utilize the +capabilities of the National Infrastructure Simulation and +Analysis Center. + (f) Annual Reports.--The Institute shall transmit to the +Secretary and Congress an annual report on the activities of +the Institute under this section. + (g) Termination.--The Homeland Security Institute shall +terminate 5 years after its establishment. + +SEC. 313. [6 U.S.C. 193] TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND + SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND + SECURITY. + + (a) Establishment of Program.--The Secretary, acting +through the Under Secretary for Science and Technology, shall +establish and promote a program to encourage technological +innovation in facilitating the mission of the Department (as +described in section 101). + (b) Elements of Program.--The program described in +subsection (a) shall include the following components: + (1) The establishment of a centralized Federal + clearinghouse for information relating to technologies + that would further the mission of the Department for + dissemination, as appropriate, to Federal, State, and + local government and private sector entities for + additional review, purchase, or use. + (2) The issuance of announcements seeking unique + and innovative technologies to advance the mission of + the Department. + (3) The establishment of a technical assistance + team to assist in screening, as appropriate, proposals + submitted to the Secretary (except as provided in + subsection (c)(2)) to assess the feasibility, + scientific and technical merits, and estimated cost of + such proposals, as appropriate. + (4) The provision of guidance, recommendations, and + technical assistance, as appropriate, to assist + Federal, State, and local government and private sector + efforts to evaluate and implement the use of + technologies described in paragraph (1) or (2). + (5) The provision of information for persons + seeking guidance on how to pursue proposals to develop + or deploy technologies that would enhance homeland + security, including information relating to Federal + funding, regulation, or acquisition. + (c) Miscellaneous Provisions.-- + (1) In general.--Nothing in this section shall be + construed as authorizing the Secretary or the technical + assistance team established under subsection (b)(3) to + set standards for technology to be used by the + Department, any other executive agency, any State or + local government entity, or any private sector entity. + (2) Certain proposals.--The technical assistance + team established under subsection (b)(3) shall not + consider or evaluate proposals submitted in response to + a solicitation for offers for a pending procurement or + for a specific agency requirement. + (3) Coordination.--In carrying out this section, + the Secretary shall coordinate with the Technical + Support Working Group (organized under the April 1982 + National Security Decision Directive Numbered 30). + +SEC. 314. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY. + + (a) Clarification of Responsibilities.--The Director of the +Office for Interoperability and Compatibility shall-- + (1) assist the Secretary in developing and + implementing the science and technology aspects of the + program described in subparagraphs (D), (E), (F), and + (G) of section 7303(a)(1) of the Intelligence Reform + and Terrorism Prevention Act of 2004 (6 U.S.C. + 194(a)(1)); + (2) in coordination with the Federal Communications + Commission, the National Institute of Standards and + Technology, and other Federal departments and agencies + with responsibility for standards, support the creation + of national voluntary consensus standards for + interoperable emergency communications; + (3) establish a comprehensive research, + development, testing, and evaluation program for + improving interoperable emergency communications; + (4) establish, in coordination with the Director + for Emergency Communications, requirements for + interoperable emergency communications capabilities, + which shall be nonproprietary where standards for such + capabilities exist, for all public safety radio and + data communications systems and equipment purchased + using homeland security assistance administered by the + Department, excluding any alert and warning device, + technology, or system; + (5) carry out the Department's responsibilities and + authorities relating to research, development, testing, + evaluation, or standards-related elements of the + SAFECOM Program; + (6) evaluate and assess new technology in real- + world environments to achieve interoperable emergency + communications capabilities; + (7) encourage more efficient use of existing + resources, including equipment, to achieve + interoperable emergency communications capabilities; + (8) test public safety communications systems that + are less prone to failure, support new nonvoice + services, use spectrum more efficiently, and cost less + than existing systems; + (9) coordinate with the private sector to develop + solutions to improve emergency communications + capabilities and achieve interoperable emergency + communications capabilities; and + (10) conduct pilot projects, in coordination with + the Director for Emergency Communications, to test and + demonstrate technologies, including data and video, + that enhance-- + (A) the ability of emergency response + providers and relevant government officials to + continue to communicate in the event of natural + disasters, acts of terrorism, and other man- + made disasters; and + (B) interoperable emergency communications + capabilities. + (b) Coordination.--The Director of the Office for +Interoperability and Compatibility shall coordinate with the +Director for Emergency Communications with respect to the +SAFECOM program. + (c) Sufficiency of Resources.--The Secretary shall provide +the Office for Interoperability and Compatibility the resources +and staff necessary to carry out the responsibilities under +this section. + +SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND + DEVELOPMENT. + + (a) In General.--The Under Secretary for Science and +Technology, acting through the Director of the Office for +Interoperability and Compatibility, shall establish a +comprehensive research and development program to support and +promote-- + (1) the ability of emergency response providers and + relevant government officials to continue to + communicate in the event of natural disasters, acts of + terrorism, and other man-made disasters; and + (2) interoperable emergency communications + capabilities among emergency response providers and + relevant government officials, including by-- + (A) supporting research on a competitive + basis, including through the Directorate of + Science and Technology and Homeland Security + Advanced Research Projects Agency; and + (B) considering the establishment of a + Center of Excellence under the Department of + Homeland Security Centers of Excellence Program + focused on improving emergency response + providers' communication capabilities. + (b) Purposes.--The purposes of the program established +under subsection (a) include-- + (1) supporting research, development, testing, and + evaluation on emergency communication capabilities; + (2) understanding the strengths and weaknesses of + the public safety communications systems in use; + (3) examining how current and emerging technology + can make emergency response providers more effective, + and how Federal, State, local, and tribal government + agencies can use this technology in a coherent and + cost-effective manner; + (4) investigating technologies that could lead to + long-term advancements in emergency communications + capabilities and supporting research on advanced + technologies and potential systemic changes to + dramatically improve emergency communications; and + (5) evaluating and validating advanced technology + concepts, and facilitating the development and + deployment of interoperable emergency communication + capabilities. + (c) Definitions.--For purposes of this section, the term +``interoperable'', with respect to emergency communications, +has the meaning given the term in section 1808. + +SEC. 316. [6 U.S.C. 195B] NATIONAL BIOSURVEILLANCE INTEGRATION CENTER. + + (a) Establishment.--The Secretary shall establish, operate, +and maintain a National Biosurveillance Integration Center +(referred to in this section as the ``NBIC''), which shall be +headed by a Directing Officer, under an office or directorate +of the Department that is in existence as of the date of the +enactment of this section. + (b) Primary Mission.--The primary mission of the NBIC is +to-- + (1) enhance the capability of the Federal + Government to-- + (A) rapidly identify, characterize, + localize, and track a biological event of + national concern by integrating and analyzing + data relating to human health, animal, plant, + food, and environmental monitoring systems + (both national and international); and + (B) disseminate alerts and other + information to Member Agencies and, in + coordination with (and where possible through) + Member Agencies, to agencies of State, local, + and tribal governments, as appropriate, to + enhance the ability of such agencies to respond + to a biological event of national concern; and + (2) oversee development and operation of the + National Biosurveillance Integration System. + (c) Requirements.--The NBIC shall detect, as early as +possible, a biological event of national concern that presents +a risk to the United States or the infrastructure or key assets +of the United States, including by-- + (1) consolidating data from all relevant + surveillance systems maintained by Member Agencies to + detect biological events of national concern across + human, animal, and plant species; + (2) seeking private sources of surveillance, both + foreign and domestic, when such sources would enhance + coverage of critical surveillance gaps; + (3) using an information technology system that + uses the best available statistical and other + analytical tools to identify and characterize + biological events of national concern in as close to + real-time as is practicable; + (4) providing the infrastructure for such + integration, including information technology systems + and space, and support for personnel from Member + Agencies with sufficient expertise to enable analysis + and interpretation of data; + (5) working with Member Agencies to create + information technology systems that use the minimum + amount of patient data necessary and consider patient + confidentiality and privacy issues at all stages of + development and apprise the Privacy Officer of such + efforts; and + (6) alerting Member Agencies and, in coordination + with (and where possible through) Member Agencies, + public health agencies of State, local, and tribal + governments regarding any incident that could develop + into a biological event of national concern. + (d) Responsibilities of the Directing Officer of the +NBIC.-- + (1) In general.--The Directing Officer of the NBIC + shall-- + (A) on an ongoing basis, monitor the + availability and appropriateness of + surveillance systems used by the NBIC and those + systems that could enhance biological + situational awareness or the overall + performance of the NBIC; + (B) on an ongoing basis, review and seek to + improve the statistical and other analytical + methods used by the NBIC; + (C) receive and consider other relevant + homeland security information, as appropriate; + and + (D) provide technical assistance, as + appropriate, to all Federal, regional, State, + local, and tribal government entities and + private sector entities that contribute data + relevant to the operation of the NBIC. + (2) Assessments.--The Directing Officer of the NBIC + shall-- + (A) on an ongoing basis, evaluate available + data for evidence of a biological event of + national concern; and + (B) integrate homeland security information + with NBIC data to provide overall situational + awareness and determine whether a biological + event of national concern has occurred. + (3) Information sharing.-- + (A) In general.--The Directing Officer of + the NBIC shall-- + (i) establish a method of real-time + communication with the National + Operations Center; + (ii) in the event that a biological + event of national concern is detected, + notify the Secretary and disseminate + results of NBIC assessments relating to + that biological event of national + concern to appropriate Federal response + entities and, in coordination with + relevant Member Agencies, regional, + State, local, and tribal governmental + response entities in a timely manner; + (iii) provide any report on NBIC + assessments to Member Agencies and, in + coordination with relevant Member + Agencies, any affected regional, State, + local, or tribal government, and any + private sector entity considered + appropriate that may enhance the + mission of such Member Agencies, + governments, or entities or the ability + of the Nation to respond to biological + events of national concern; and + (iv) share NBIC incident or + situational awareness reports, and + other relevant information, consistent + with the information sharing + environment established under section + 1016 of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 + U.S.C. 485) and any policies, + guidelines, procedures, instructions, + or standards established under that + section. + (B) Consultation.--The Directing Officer of + the NBIC shall implement the activities + described in subparagraph (A) consistent with + the policies, guidelines, procedures, + instructions, or standards established under + section 1016 of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 U.S.C. 485) + and in consultation with the Director of + National Intelligence, the Under Secretary for + Intelligence and Analysis, and other offices or + agencies of the Federal Government, as + appropriate. + (e) Responsibilities of the NBIC Member Agencies.-- + (1) In general.--Each Member Agency shall-- + (A) use its best efforts to integrate + biosurveillance information into the NBIC, with + the goal of promoting information sharing + between Federal, State, local, and tribal + governments to detect biological events of + national concern; + (B) provide timely information to assist + the NBIC in maintaining biological situational + awareness for accurate detection and response + purposes; + (C) enable the NBIC to receive and use + biosurveillance information from member + agencies to carry out its requirements under + subsection (c); + (D) connect the biosurveillance data + systems of that Member Agency to the NBIC data + system under mutually agreed protocols that are + consistent with subsection (c)(5); + (E) participate in the formation of + strategy and policy for the operation of the + NBIC and its information sharing; + (F) provide personnel to the NBIC under an + interagency personnel agreement and consider + the qualifications of such personnel necessary + to provide human, animal, and environmental + data analysis and interpretation support to the + NBIC; and + (G) retain responsibility for the + surveillance and intelligence systems of that + department or agency, if applicable. + (f) Administrative Authorities.-- + (1) Hiring of experts.--The Directing Officer of + the NBIC shall hire individuals with the necessary + expertise to develop and operate the NBIC. + (2) Detail of personnel.--Upon the request of the + Directing Officer of the NBIC, the head of any Federal + department or agency may detail, on a reimbursable + basis, any of the personnel of that department or + agency to the Department to assist the NBIC in carrying + out this section. + (g) NBIC Interagency Working Group.--The Directing Officer +of the NBIC shall-- + (1) establish an interagency working group to + facilitate interagency cooperation and to advise the + Directing Officer of the NBIC regarding recommendations + to enhance the biosurveillance capabilities of the + Department; and + (2) invite Member Agencies to serve on that working + group. + (h) Relationship to Other Departments and Agencies.--The +authority of the Directing Officer of the NBIC under this +section shall not affect any authority or responsibility of any +other department or agency of the Federal Government with +respect to biosurveillance activities under any program +administered by that department or agency. + (i) Authorization of Appropriations.--There are authorized +to be appropriated such sums as are necessary to carry out this +section. + (j) Definitions.--In this section: + (1) The terms ``biological agent'' and ``toxin'' + have the meanings given those terms in section 178 of + title 18, United States Code. + (2) The term ``biological event of national + concern'' means-- + (A) an act of terrorism involving a + biological agent or toxin; or + (B) a naturally occurring outbreak of an + infectious disease that may result in a + national epidemic. + (3) The term ``homeland security information'' has + the meaning given that term in section 892. + (4) The term ``Member Agency'' means any Federal + department or agency that, at the discretion of the + head of that department or agency, has entered a + memorandum of understanding regarding participation in + the NBIC. + (5) The term ``Privacy Officer'' means the Privacy + Officer appointed under section 222. + +SEC. 317. [6 U.S.C. 195C] PROMOTING ANTITERRORISM THROUGH INTERNATIONAL + COOPERATION PROGRAM. + + (a) Definitions.--In this section: + (1) Director.--The term ``Director'' means the + Director selected under subsection (b)(2). + (2) International cooperative activity.--The term + ``international cooperative activity'' includes-- + (A) coordinated research projects, joint + research projects, or joint ventures; + (B) joint studies or technical + demonstrations; + (C) coordinated field exercises, scientific + seminars, conferences, symposia, and workshops; + (D) training of scientists and engineers; + (E) visits and exchanges of scientists, + engineers, or other appropriate personnel; + (F) exchanges or sharing of scientific and + technological information; and + (G) joint use of laboratory facilities and + equipment. + (b) Science and Technology Homeland Security International +Cooperative Programs Office.-- + (1) Establishment.--The Under Secretary shall + establish the Science and Technology Homeland Security + International Cooperative Programs Office. + (2) Director.--The Office shall be headed by a + Director, who-- + (A) shall be selected, in consultation with + the Assistant Secretary for International + Affairs, by and shall report to the Under + Secretary; and + (B) may be an officer of the Department + serving in another position. + (3) Responsibilities.-- + (A) Development of mechanisms.--The + Director shall be responsible for developing, + in coordination with the Department of State + and, as appropriate, the Department of Defense, + the Department of Energy, and other Federal + agencies, understandings and agreements to + allow and to support international cooperative + activity in support of homeland security. + (B) Priorities.--The Director shall be + responsible for developing, in coordination + with the Office of International Affairs and + other Federal agencies, strategic priorities + for international cooperative activity for the + Department in support of homeland security. + (C) Activities.--The Director shall + facilitate the planning, development, and + implementation of international cooperative + activity to address the strategic priorities + developed under subparagraph (B) through + mechanisms the Under Secretary considers + appropriate, including grants, cooperative + agreements, or contracts to or with foreign + public or private entities, governmental + organizations, businesses (including small + businesses and socially and economically + disadvantaged small businesses (as those terms + are defined in sections 3 and 8 of the Small + Business Act (15 U.S.C. 632 and 637), + respectively)), federally funded research and + development centers, and universities. + (D) Identification of partners.--The + Director shall facilitate the matching of + United States entities engaged in homeland + security research with non-United States + entities engaged in homeland security research + so that they may partner in homeland security + research activities. + (4) Coordination.--The Director shall ensure that + the activities under this subsection are coordinated + with the Office of International Affairs and the + Department of State and, as appropriate, the Department + of Defense, the Department of Energy, and other + relevant Federal agencies or interagency bodies. The + Director may enter into joint activities with other + Federal agencies. + (c) Matching Funding.-- + (1) In general.-- + (A) Equitability.--The Director shall + ensure that funding and resources expended in + international cooperative activity will be + equitably matched by the foreign partner + government or other entity through direct + funding, funding of complementary activities, + or the provision of staff, facilities, + material, or equipment. + (B) Grant matching and repayment.-- + (i) In general.--The Secretary may + require a recipient of a grant under + this section-- + (I) to make a matching + contribution of not more than + 50 percent of the total cost of + the proposed project for which + the grant is awarded; and + (II) to repay to the + Secretary the amount of the + grant (or a portion thereof), + interest on such amount at an + appropriate rate, and such + charges for administration of + the grant as the Secretary + determines appropriate. + (ii) Maximum amount.--The Secretary + may not require that repayment under + clause (i)(II) be more than 150 percent + of the amount of the grant, adjusted + for inflation on the basis of the + Consumer Price Index. + (2) Foreign partners.--Partners may include Israel, + the United Kingdom, Canada, Australia, Singapore, and + other allies in the global war on terrorism as + determined to be appropriate by the Secretary of + Homeland Security and the Secretary of State. + (3) Loans of equipment.--The Director may make or + accept loans of equipment for research and development + and comparative testing purposes. + (d) Foreign Reimbursements.--If the Science and Technology +Homeland Security International Cooperative Programs Office +participates in an international cooperative activity with a +foreign partner on a cost-sharing basis, any reimbursements or +contributions received from that foreign partner to meet its +share of the project may be credited to appropriate current +appropriations accounts of the Directorate of Science and +Technology. + (e) Report to Congress on International Cooperative +Activities.--Not later than one year after the date of +enactment of this section, and every 5 years thereafter, the +Under Secretary, acting through the Director, shall submit to +Congress a report containing-- + (1) a brief description of each grant, cooperative + agreement, or contract made or entered into under + subsection (b)(3)(C), including the participants, + goals, and amount and sources of funding; and + (2) a list of international cooperative activities + underway, including the participants, goals, expected + duration, and amount and sources of funding, including + resources provided to support the activities in lieu of + direct funding. + (f) Animal and Zoonotic Diseases.--As part of the +international cooperative activities authorized in this +section, the Under Secretary, in coordination with the Chief +Medical Officer, the Department of State, and appropriate +officials of the Department of Agriculture, the Department of +Defense, and the Department of Health and Human Services, may +enter into cooperative activities with foreign countries, +including African nations, to strengthen American preparedness +against foreign animal and zoonotic diseases overseas that +could harm the Nation's agricultural and public health sectors +if they were to reach the United States. + (g) Construction; Authorities of the Secretary of State.-- +Nothing in this section shall be construed to alter or affect +the following provisions of law: + (1) Title V of the Foreign Relations Authorization + Act, Fiscal Year 1979 (22 U.S.C. 2656a et seq.). + (2) Section 112b(c) of title 1, United States Code. + (3) Section 1(e)(2) of the State Department Basic + Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)). + (4) Sections 2 and 27 of the Arms Export Control + Act (22 U.S.C. 2752 and 22 U.S.C. 2767). + (5) Section 622(c) of the Foreign Assistance Act of + 1961 (22 U.S.C. 2382(c)). + (h) Authorization of Appropriations.--There are authorized +to be appropriated to carry out this section such sums as are +necessary. + + TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY + + Subtitle A--Under Secretary for Border and Transportation Security + +SEC. 401. [6 U.S.C. 201] UNDER SECRETARY FOR BORDER AND TRANSPORTATION + SECURITY. + + There shall be in the Department a Directorate of Border +and Transportation Security headed by an Under Secretary for +Border and Transportation Security. + +SEC. 402. [6 U.S.C. 202] RESPONSIBILITIES. + + The Secretary, acting through the Under Secretary for +Border and Transportation Security, shall be responsible for +the following: + (1) Preventing the entry of terrorists and the + instruments of terrorism into the United States. + (2) Securing the borders, territorial waters, + ports, terminals, waterways, and air, land, and sea + transportation systems of the United States, including + managing and coordinating those functions transferred + to the Department at ports of entry. + (3) Carrying out the immigration enforcement + functions vested by statute in, or performed by, the + Commissioner of Immigration and Naturalization (or any + officer, employee, or component of the Immigration and + Naturalization Service) immediately before the date on + which the transfer of functions specified under section + 441 takes effect. + (4) Establishing and administering rules, in + accordance with section 428, governing the granting of + visas or other forms of permission, including parole, + to enter the United States to individuals who are not a + citizen or an alien lawfully admitted for permanent + residence in the United States. + (5) Establishing national immigration enforcement + policies and priorities. + (6) Except as provided in subtitle C, administering + the customs laws of the United States. + (7) Conducting the inspection and related + administrative functions of the Department of + Agriculture transferred to the Secretary of Homeland + Security under section 421. + (8) In carrying out the foregoing responsibilities, + ensuring the speedy, orderly, and efficient flow of + lawful traffic and commerce. + +SEC. 403. [6 U.S.C. 203] FUNCTIONS TRANSFERRED. + + In accordance with title XV (relating to transition +provisions), there shall be transferred to the Secretary the +functions, personnel, assets, and liabilities of-- + (1) the United States Customs Service of the + Department of the Treasury, including the functions of + the Secretary of the Treasury relating thereto; + (2) the Transportation Security Administration of + the Department of Transportation, including the + functions of the Secretary of Transportation, and of + the Under Secretary of Transportation for Security, + relating thereto; + (3) the Federal Protective Service of the General + Services Administration, including the functions of the + Administrator of General Services relating thereto; + (4) the Federal Law Enforcement Training Center of + the Department of the Treasury; and + (5) the Office for Domestic Preparedness of the + Office of Justice Programs, including the functions of + the Attorney General relating thereto. + + Subtitle B--United States Customs Service + +SEC. 411. [6 U.S.C. 211] ESTABLISHMENT; COMMISSIONER OF CUSTOMS. + + (a) Establishment.--There is established in the Department +the United States Customs Service, under the authority of the +Under Secretary for Border and Transportation Security, which +shall be vested with those functions including, but not limited +to those set forth in section 415(7), and the personnel, +assets, and liabilities attributable to those functions. + (b) Commissioner of Customs.-- + (1) In general.--There shall be at the head of the + Customs Service a Commissioner of Customs, who shall be + appointed by the President, by and with the advice and + consent of the Senate. + + * * * * * * * + + (3) Continuation in office.--The individual serving + as the Commissioner of Customs on the day before the + effective date of this Act may serve as the + Commissioner of Customs on and after such effective + date until a Commissioner of Customs is appointed under + paragraph (1). + +SEC. 412. [6 U.S.C. 212] RETENTION OF CUSTOMS REVENUE FUNCTIONS BY + SECRETARY OF THE TREASURY. + + (a) Retention of Customs Revenue Functions by Secretary of +the Treasury.-- + (1) Retention of authority.--Notwithstanding + section 403(a)(1), authority related to Customs revenue + functions that was vested in the Secretary of the + Treasury by law before the effective date of this Act + under those provisions of law set forth in paragraph + (2) shall not be transferred to the Secretary by reason + of this Act, and on and after the effective date of + this Act, the Secretary of the Treasury may delegate + any such authority to the Secretary at the discretion + of the Secretary of the Treasury. The Secretary of the + Treasury shall consult with the Secretary regarding the + exercise of any such authority not delegated to the + Secretary. + (2) Statutes.--The provisions of law referred to in + paragraph (1) are the following: the Tariff Act of + 1930; section 249 of the Revised Statutes of the United + States (19 U.S.C. 3); section 2 of the Act of March 4, + 1923 (19 U.S.C. 6); section 13031 of the Consolidated + Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. + 58c); section 251 of the Revised Statutes of the United + States (19 U.S.C. 66); section 1 of the Act of June 26, + 1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19 + U.S.C. 81a et seq.); section 1 of the Act of March 2, + 1911 (19 U.S.C. 198); the Trade Act of 1974; the Trade + Agreements Act of 1979; the North American Free Trade + Area Implementation Act; the Uruguay Round Agreements + Act; the Caribbean Basin Economic Recovery Act; the + Andean Trade Preference Act; the African Growth and + Opportunity Act; and any other provision of law vesting + customs revenue functions in the Secretary of the + Treasury. + (b) Maintenance of Customs Revenue Functions.-- + (1) Maintenance of functions.--Notwithstanding any + other provision of this Act, the Secretary may not + consolidate, discontinue, or diminish those functions + described in paragraph (2) performed by the United + States Customs Service (as established under section + 411) on or after the effective date of this Act, reduce + the staffing level, or reduce the resources + attributable to such functions, and the Secretary shall + ensure that an appropriate management structure is + implemented to carry out such functions. + (2) Functions.--The functions referred to in + paragraph (1) are those functions performed by the + following personnel, and associated support staff, of + the United States Customs Service on the day before the + effective date of this Act: Import Specialists, Entry + Specialists, Drawback Specialists, National Import + Specialist, Fines and Penalties Specialists, attorneys + of the Office of Regulations and Rulings, Customs + Auditors, International Trade Specialists, Financial + Systems Specialists. + (c) New Personnel.--The Secretary of the Treasury is +authorized to appoint up to 20 new personnel to work with +personnel of the Department in performing customs revenue +functions. + +SEC. 413. [6 U.S.C. 213] PRESERVATION OF CUSTOMS FUNDS. + + Notwithstanding any other provision of this Act, no funds +available to the United States Customs Service or collected +under paragraphs (1) through (8) of section 13031(a) of the +Consolidated Omnibus Budget Reconciliation Act of 1985 may be +transferred for use by any other agency or office in the +Department. + +SEC. 414. [6 U.S.C. 214] SEPARATE BUDGET REQUEST FOR CUSTOMS. + + The President shall include in each budget transmitted to +Congress under section 1105 of title 31, United States Code, a +separate budget request for the United States Customs Service. + +SEC. 415. [6 U.S.C. 215] DEFINITION. + + In this subtitle, the term ``customs revenue function'' +means the following: + (1) Assessing and collecting customs duties + (including antidumping and countervailing duties and + duties imposed under safeguard provisions), excise + taxes, fees, and penalties due on imported merchandise, + including classifying and valuing merchandise for + purposes of such assessment. + (2) Processing and denial of entry of persons, + baggage, cargo, and mail, with respect to the + assessment and collection of import duties. + (3) Detecting and apprehending persons engaged in + fraudulent practices designed to circumvent the customs + laws of the United States. + (4) Enforcing section 337 of the Tariff Act of 1930 + and provisions relating to import quotas and the + marking of imported merchandise, and providing Customs + Recordations for copyrights, patents, and trademarks. + (5) Collecting accurate import data for compilation + of international trade statistics. + (6) Enforcing reciprocal trade agreements. + (7) Functions performed by the following personnel, + and associated support staff, of the United States + Customs Service on the day before the effective date of + this Act: Import Specialists, Entry Specialists, + Drawback Specialists, National Import Specialist, Fines + and Penalties Specialists, attorneys of the Office of + Regulations and Rulings, Customs Auditors, + International Trade Specialists, Financial Systems + Specialists. + (8) Functions performed by the following offices, + with respect to any function described in any of + paragraphs (1) through (7), and associated support + staff, of the United States Customs Service on the day + before the effective date of this Act: the Office of + Information and Technology, the Office of Laboratory + Services, the Office of the Chief Counsel, the Office + of Congressional Affairs, the Office of International + Affairs, and the Office of Training and Development. + +SEC. 416. [6 U.S.C. 216] GAO REPORT TO CONGRESS. + + Not later than 3 months after the effective date of this +Act, the Comptroller General of the United States shall submit +to Congress a report that sets forth all trade functions +performed by the executive branch, specifying each agency that +performs each such function. + +SEC. 417. [6 U.S.C. 217] ALLOCATION OF RESOURCES BY THE SECRETARY. + + (a) In General.--The Secretary shall ensure that adequate +staffing is provided to assure that levels of customs revenue +services provided on the day before the effective date of this +Act shall continue to be provided. + (b) Notification of Congress.--The Secretary shall notify +the Committee on Ways and Means of the House of Representatives +and the Committee on Finance of the Senate at least 90 days +prior to taking any action which would-- + (1) result in any significant reduction in customs + revenue services, including hours of operation, + provided at any office within the Department or any + port of entry; + (2) eliminate or relocate any office of the + Department which provides customs revenue services; or + (3) eliminate any port of entry. + (c) Definition.--In this section, the term ``customs +revenue services'' means those customs revenue functions +described in paragraphs (1) through (6) and paragraph (8) of +section 415. + +SEC. 418. [6 U.S.C. 218] REPORTS TO CONGRESS. + + (a) Continuing Reports.--The United States Customs Service +shall, on and after the effective date of this Act, continue to +submit to the Committee on Ways and Means of the House of +Representatives and the Committee on Finance of the Senate any +report required, on the day before such the effective date of +this Act, to be so submitted under any provision of law. + (b) Report on Conforming Amendments.--Not later than 60 +days after the date of enactment of this Act, the Secretary of +the Treasury shall submit a report to the Committee on Finance +of the Senate and the Committee on Ways and Means of the House +of Representatives of proposed conforming amendments to the +statutes set forth under section 412(a)(2) in order to +determine the appropriate allocation of legal authorities +described under this subsection. The Secretary of the Treasury +shall also identify those authorities vested in the Secretary +of the Treasury that are exercised by the Commissioner of +Customs on or before the effective date of this section. + + * * * * * * * + + + Subtitle C--Miscellaneous Provisions + +SEC. 421. [6 U.S.C. 231] TRANSFER OF CERTAIN AGRICULTURAL INSPECTION + FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE. + + (a) Transfer of Agricultural Import and Entry Inspection +Functions.--There shall be transferred to the Secretary the +functions of the Secretary of Agriculture relating to +agricultural import and entry inspection activities under the +laws specified in subsection (b). + (b) Covered Animal and Plant Protection Laws.--The laws +referred to in subsection (a) are the following: + (1) The Act commonly known as the Virus-Serum-Toxin + Act (the eighth paragraph under the heading ``Bureau of + Animal Industry'' in the Act of March 4, 1913; 21 + U.S.C. 151 et seq.). + (2) Section 1 of the Act of August 31, 1922 + (commonly known as the Honeybee Act; 7 U.S.C. 281). + (3) Title III of the Federal Seed Act (7 U.S.C. + 1581 et seq.). + (4) The Plant Protection Act (7 U.S.C. 7701 et + seq.). + (5) The Animal Health Protection Act (subtitle E of + title X of Public Law 107-171; 7 U.S.C. 8301 et seq.). + (6) The Lacey Act Amendments of 1981 (16 U.S.C. + 3371 et seq.). + (7) Section 11 of the Endangered Species Act of + 1973 (16 U.S.C. 1540). + (c) Exclusion of Quarantine Activities.--For purposes of +this section, the term ``functions'' does not include any +quarantine activities carried out under the laws specified in +subsection (b). + (d) Effect of Transfer.-- + (1) Compliance with department of agriculture + regulations.--The authority transferred pursuant to + subsection (a) shall be exercised by the Secretary in + accordance with the regulations, policies, and + procedures issued by the Secretary of Agriculture + regarding the administration of the laws specified in + subsection (b). + (2) Rulemaking coordination.--The Secretary of + Agriculture shall coordinate with the Secretary + whenever the Secretary of Agriculture prescribes + regulations, policies, or procedures for administering + the functions transferred under subsection (a) under a + law specified in subsection (b). + (3) Effective administration.--The Secretary, in + consultation with the Secretary of Agriculture, may + issue such directives and guidelines as are necessary + to ensure the effective use of personnel of the + Department of Homeland Security to carry out the + functions transferred pursuant to subsection (a). + (e) Transfer Agreement.-- + (1) Agreement required; revision.--Before the end + of the transition period, as defined in section 1501, + the Secretary of Agriculture and the Secretary shall + enter into an agreement to effectuate the transfer of + functions required by subsection (a). The Secretary of + Agriculture and the Secretary may jointly revise the + agreement as necessary thereafter. + (2) Required terms.--The agreement required by this + subsection shall specifically address the following: + (A) The supervision by the Secretary of + Agriculture of the training of employees of the + Secretary to carry out the functions + transferred pursuant to subsection (a). + (B) The transfer of funds to the Secretary + under subsection (f). + (3) Cooperation and reciprocity.--The Secretary of + Agriculture and the Secretary may include as part of + the agreement the following: + (A) Authority for the Secretary to perform + functions delegated to the Animal and Plant + Health Inspection Service of the Department of + Agriculture regarding the protection of + domestic livestock and plants, but not + transferred to the Secretary pursuant to + subsection (a). + (B) Authority for the Secretary of + Agriculture to use employees of the Department + of Homeland Security to carry out authorities + delegated to the Animal and Plant Health + Inspection Service regarding the protection of + domestic livestock and plants. + (f) Periodic Transfer of Funds to Department of Homeland +Security.-- + (1) Transfer of funds.--Out of funds collected by + fees authorized under sections 2508 and 2509 of the + Food, Agriculture, Conservation, and Trade Act of 1990 + (21 U.S.C. 136, 136a), the Secretary of Agriculture + shall transfer, from time to time in accordance with + the agreement under subsection (e), to the Secretary + funds for activities carried out by the Secretary for + which such fees were collected. + (2) Limitation.--The proportion of fees collected + pursuant to such sections that are transferred to the + Secretary under this subsection may not exceed the + proportion of the costs incurred by the Secretary to + all costs incurred to carry out activities funded by + such fees. + (g) Transfer of Department of Agriculture Employees.--Not +later than the completion of the transition period defined +under section 1501, the Secretary of Agriculture shall transfer +to the Secretary not more than 3,200 full-time equivalent +positions of the Department of Agriculture. + + * * * * * * * + + +SEC. 422. [6 U.S.C. 232] FUNCTIONS OF ADMINISTRATOR OF GENERAL + SERVICES. + + (a) Operation, Maintenance, and Protection of Federal +Buildings and Grounds.--Nothing in this Act may be construed to +affect the functions or authorities of the Administrator of +General Services with respect to the operation, maintenance, +and protection of buildings and grounds owned or occupied by +the Federal Government and under the jurisdiction, custody, or +control of the Administrator. Except for the law enforcement +and related security functions transferred under section +403(3), the Administrator shall retain all powers, functions, +and authorities vested in the Administrator under chapter 10 of +title 40, United States Code, and other provisions of law that +are necessary for the operation, maintenance, and protection of +such buildings and grounds. + (b) Collection of Rents and Fees; Federal Buildings Fund.-- + (1) Statutory construction.--Nothing in this Act + may be construed-- + (A) to direct the transfer of, or affect, + the authority of the Administrator of General + Services to collect rents and fees, including + fees collected for protective services; or + (B) to authorize the Secretary or any other + official in the Department to obligate amounts + in the Federal Buildings Fund established by + section 490(f) of title 40, United States Code. + (2) Use of transferred amounts.--Any amounts + transferred by the Administrator of General Services to + the Secretary out of rents and fees collected by the + Administrator shall be used by the Secretary solely for + the protection of buildings or grounds owned or + occupied by the Federal Government. + +SEC. 423. [6 U.S.C. 233] FUNCTIONS OF TRANSPORTATION SECURITY + ADMINISTRATION. + + (a) Consultation With Federal Aviation Administration.--The +Secretary and other officials in the Department shall consult +with the Administrator of the Federal Aviation Administration +before taking any action that might affect aviation safety, air +carrier operations, aircraft airworthiness, or the use of +airspace. The Secretary shall establish a liaison office within +the Department for the purpose of consulting with the +Administrator of the Federal Aviation Administration. + (b) Report to Congress.--Not later than 60 days after the +date of enactment of this Act, the Secretary of Transportation +shall transmit to Congress a report containing a plan for +complying with the requirements of section 44901(d) of title +49, United States Code, as amended by section 425 of this Act. + (c) Limitations on Statutory Construction.-- + (1) Grant of authority.--Nothing in this Act may be + construed to vest in the Secretary or any other + official in the Department any authority over + transportation security that is not vested in the Under + Secretary of Transportation for Security, or in the + Secretary of Transportation under chapter 449 of title + 49, United States Code, on the day before the date of + enactment of this Act. + (2) Obligation of aip funds.--Nothing in this Act + may be construed to authorize the Secretary or any + other official in the Department to obligate amounts + made available under section 48103 of title 49, United + States Code. + +SEC. 424. [6 U.S.C. 234] PRESERVATION OF TRANSPORTATION SECURITY + ADMINISTRATION AS A DISTINCT ENTITY. + + (a) In General.--Notwithstanding any other provision of +this Act, and subject to subsection (b), the Transportation +Security Administration shall be maintained as a distinct +entity within the Department under the Under Secretary for +Border Transportation and Security. + (b) Sunset.--Subsection (a) shall cease to apply 2 years +after the date of enactment of this Act. + + * * * * * * * + + +SEC. 427. [6 U.S.C. 235] COORDINATION OF INFORMATION AND INFORMATION + TECHNOLOGY. + + (a) Definition of Affected Agency.--In this section, the +term ``affected agency'' means-- + (1) the Department; + (2) the Department of Agriculture; + (3) the Department of Health and Human Services; + and + (4) any other department or agency determined to be + appropriate by the Secretary. + (b) Coordination.--The Secretary, in coordination with the +Secretary of Agriculture, the Secretary of Health and Human +Services, and the head of each other department or agency +determined to be appropriate by the Secretary, shall ensure +that appropriate information (as determined by the Secretary) +concerning inspections of articles that are imported or entered +into the United States, and are inspected or regulated by 1 or +more affected agencies, is timely and efficiently exchanged +between the affected agencies. + (c) Report and Plan.--Not later than 18 months after the +date of enactment of this Act, the Secretary, in consultation +with the Secretary of Agriculture, the Secretary of Health and +Human Services, and the head of each other department or agency +determined to be appropriate by the Secretary, shall submit to +Congress-- + (1) a report on the progress made in implementing + this section; and + (2) a plan to complete implementation of this + section. + +SEC. 428. [6 U.S.C. 236] VISA ISSUANCE. + + (a) Definition.--In this subsection, the term ``consular +office'' has the meaning given that term under section +101(a)(9) of the Immigration and Nationality Act (8 U.S.C. +1101(a)(9)). + (b) In General.--Notwithstanding section 104(a) of the +Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other +provision of law, and except as provided in subsection (c) of +this section, the Secretary-- + (1) shall be vested exclusively with all + authorities to issue regulations with respect to, + administer, and enforce the provisions of such Act, and + of all other immigration and nationality laws, relating + to the functions of consular officers of the United + States in connection with the granting or refusal of + visas, and shall have the authority to refuse visas in + accordance with law and to develop programs of homeland + security training for consular officers (in addition to + consular training provided by the Secretary of State), + which authorities shall be exercised through the + Secretary of State, except that the Secretary shall not + have authority to alter or reverse the decision of a + consular officer to refuse a visa to an alien; and + (2) shall have authority to confer or impose upon + any officer or employee of the United States, with the + consent of the head of the executive agency under whose + jurisdiction such officer or employee is serving, any + of the functions specified in paragraph (1). + (c) Authority of the Secretary of State.-- + (1) In general.--Notwithstanding subsection (b), + the Secretary of State may direct a consular officer to + refuse a visa to an alien if the Secretary of State + deems such refusal necessary or advisable in the + foreign policy or security interests of the United + States. + (2) Construction regarding authority.--Nothing in + this section, consistent with the Secretary of Homeland + Security's authority to refuse visas in accordance with + law, shall be construed as affecting the authorities of + the Secretary of State under the following provisions + of law: + (A) Section 101(a)(15)(A) of the + Immigration and Nationality Act (8 U.S.C. + 1101(a)(15)(A)). + (B) Section 204(d)(2) of the Immigration + and Nationality Act (8 U.S.C. 1154) (as it will + take effect upon the entry into force of the + Convention on Protection of Children and + Cooperation in Respect to Inter-Country + adoption). + (C) Section 212(a)(3)(B)(i)(IV)(bb) of the + Immigration and Nationality Act (8 U.S.C. + 1182(a)(3)(B)(i)(IV)(bb)). + (D) Section 212(a)(3)(B)(i)(VI) of the + Immigration and Nationality Act (8 U.S.C. + 1182(a)(3)(B)(i)(VI)). + (E) Section 212(a)(3)(B)(vi)(II) of the + Immigration and Nationality Act (8 U.S.C. + 1182(a)(3)(B)(vi)(II)). + (F) Section 212(a)(3)(C) of the Immigration + and Nationality Act (8 U.S.C. 1182(a)(3)(C)). + (G) Section 212(a)(10)(C) of the + Immigration and Nationality Act (8 U.S.C. + 1182(a)(10)(C)). + (H) Section 212(f) of the Immigration and + Nationality Act (8 U.S.C. 1182(f)). + (I) Section 219(a) of the Immigration and + Nationality Act (8 U.S.C. 1189(a)). + (J) Section 237(a)(4)(C) of the Immigration + and Nationality Act (8 U.S.C. 1227(a)(4)(C)). + (K) Section 401 of the Cuban Liberty and + Democratic Solidarity (LIBERTAD) Act of 1996 + (22 U.S.C. 6034; Public Law 104-114). + (L) Section 613 of the Departments of + Commerce, Justice, and State, the Judiciary and + Related Agencies Appropriations Act, 1999 (as + contained in section 101(b) of division A of + Public Law 105-277) (Omnibus Consolidated and + Emergency Supplemental Appropriations Act, + 1999); 112 Stat. 2681; H.R. 4328 (originally + H.R. 4276) as amended by section 617 of Public + Law 106-553. + (M) Section 103(f) of the Chemical Weapon + Convention Implementation Act of 1998 (112 + Stat. 2681-865). + (N) Section 801 of H.R. 3427, the Admiral + James W. Nance and Meg Donovan Foreign + Relations Authorization Act, Fiscal Years 2000 + and 2001, as enacted by reference in Public Law + 106-113. + (O) Section 568 of the Foreign Operations, + Export Financing, and Related Programs + Appropriations Act, 2002 (Public Law 107-115). + (P) Section 51 of the State Department + Basic Authorities Act of 1956 (22 U.S.C. 2723). + (d) Consular Officers and Chiefs of Missions.-- + (1) In general.--Nothing in this section may be + construed to alter or affect-- + (A) the employment status of consular + officers as employees of the Department of + State; or + (B) the authority of a chief of mission + under section 207 of the Foreign Service Act of + 1980 (22 U.S.C. 3927). + (2) Construction regarding delegation of + authority.--Nothing in this section shall be construed + to affect any delegation of authority to the Secretary + of State by the President pursuant to any proclamation + issued under section 212(f) of the Immigration and + Nationality Act (8 U.S.C. 1182(f)), consistent with the + Secretary of Homeland Security's authority to refuse + visas in accordance with law. + (e) Assignment of Homeland Security Employees to Diplomatic +and Consular Posts.-- + (1) In general.--The Secretary is authorized to + assign employees of the Department to each diplomatic + and consular post at which visas are issued, unless the + Secretary determines that such an assignment at a + particular post would not promote homeland security. + (2) Functions.--Employees assigned under paragraph + (1) shall perform the following functions: + (A) Provide expert advice and training to + consular officers regarding specific security + threats relating to the adjudication of + individual visa applications or classes of + applications. + (B) Review any such applications, either on + the initiative of the employee of the + Department or upon request by a consular + officer or other person charged with + adjudicating such applications. + (C) Conduct investigations with respect to + consular matters under the jurisdiction of the + Secretary. + (3) Evaluation of consular officers.--The Secretary + of State shall evaluate, in consultation with the + Secretary, as deemed appropriate by the Secretary, the + performance of consular officers with respect to the + processing and adjudication of applications for visas + in accordance with performance standards developed by + the Secretary for these procedures. + (4) Report.--The Secretary shall, on an annual + basis, submit a report to Congress that describes the + basis for each determination under paragraph (1) that + the assignment of an employee of the Department at a + particular diplomatic post would not promote homeland + security. + (5) Permanent assignment; participation in + terrorist lookout committee.--When appropriate, + employees of the Department assigned to perform + functions described in paragraph (2) may be assigned + permanently to overseas diplomatic or consular posts + with country-specific or regional responsibility. If + the Secretary so directs, any such employee, when + present at an overseas post, shall participate in the + terrorist lookout committee established under section + 304 of the Enhanced Border Security and Visa Entry + Reform Act of 2002 (8 U.S.C. 1733). + (6) Training and hiring.-- + (A) In general.--The Secretary shall + ensure, to the extent possible, that any + employees of the Department assigned to perform + functions under paragraph (2) and, as + appropriate, consular officers, shall be + provided the necessary training to enable them + to carry out such functions, including training + in foreign languages, interview techniques, and + fraud detection techniques, in conditions in + the particular country where each employee is + assigned, and in other appropriate areas of + study. + (B) Use of center.--The Secretary is + authorized to use the National Foreign Affairs + Training Center, on a reimbursable basis, to + obtain the training described in subparagraph + (A). + (7) Report.--Not later than 1 year after the date + of enactment of this Act, the Secretary and the + Secretary of State shall submit to Congress-- + (A) a report on the implementation of this + subsection; and + (B) any legislative proposals necessary to + further the objectives of this subsection. + (8) Effective date.--This subsection shall take + effect on the earlier of-- + (A) the date on which the President + publishes notice in the Federal Register that + the President has submitted a report to + Congress setting forth a memorandum of + understanding between the Secretary and the + Secretary of State governing the implementation + of this section; or + (B) the date occurring 1 year after the + date of enactment of this Act. + (f) No Creation of Private Right of Action.--Nothing in +this section shall be construed to create or authorize a +private right of action to challenge a decision of a consular +officer or other United States official or employee to grant or +deny a visa. + (g) Study Regarding Use of Foreign Nationals.-- + (1) In general.--The Secretary of Homeland Security + shall conduct a study of the role of foreign nationals + in the granting or refusal of visas and other documents + authorizing entry of aliens into the United States. The + study shall address the following: + (A) The proper role, if any, of foreign + nationals in the process of rendering decisions + on such grants and refusals. + (B) Any security concerns involving the + employment of foreign nationals. + (C) Whether there are cost-effective + alternatives to the use of foreign nationals. + (2) Report.--Not later than 1 year after the date + of the enactment of this Act, the Secretary shall + submit a report containing the findings of the study + conducted under paragraph (1) to the Committee on the + Judiciary, the Committee on International Relations, + and the Committee on Government Reform of the House of + Representatives, and the Committee on the Judiciary, + the Committee on Foreign Relations, and the Committee + on Government Affairs of the Senate. + (h) Report.--Not later than 120 days after the date of the +enactment of this Act, the Director of the Office of Science +and Technology Policy shall submit to Congress a report on how +the provisions of this section will affect procedures for the +issuance of student visas. + (i) Visa Issuance Program for Saudi Arabia.-- +Notwithstanding any other provision of law, after the date of +the enactment of this Act all third party screening programs in +Saudi Arabia shall be terminated. On-site personnel of the +Department of Homeland Security shall review all visa +applications prior to adjudication. + +SEC. 429. [6 U.S.C. 237] INFORMATION ON VISA DENIALS REQUIRED TO BE + ENTERED INTO ELECTRONIC DATA SYSTEM. + + (a) In General.--Whenever a consular officer of the United +States denies a visa to an applicant, the consular officer +shall enter the fact and the basis of the denial and the name +of the applicant into the interoperable electronic data system +implemented under section 202(a) of the Enhanced Border +Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722(a)). + (b) Prohibition.--In the case of any alien with respect to +whom a visa has been denied under subsection (a)-- + (1) no subsequent visa may be issued to the alien + unless the consular officer considering the alien's + visa application has reviewed the information + concerning the alien placed in the interoperable + electronic data system, has indicated on the alien's + application that the information has been reviewed, and + has stated for the record why the visa is being issued + or a waiver of visa ineligibility recommended in spite + of that information; and + (2) the alien may not be admitted to the United + States without a visa issued in accordance with the + procedures described in paragraph (1). + +SEC. 430. [6 U.S.C. 238] OFFICE FOR DOMESTIC PREPAREDNESS. + + (a) In General.--The Office for Domestic Preparedness shall +be within the Directorate of Border and Transportation +Security. + (b) Director.--There shall be a Director of the Office for +Domestic Preparedness, who shall be appointed by the President, +by and with the advice and consent of the Senate. The Director +of the Office for Domestic Preparedness shall report directly +to the Under Secretary for Border and Transportation Security. + (c) Responsibilities.--The Office for Domestic Preparedness +shall have the primary responsibility within the executive +branch of Government for the preparedness of the United States +for acts of terrorism, including-- + (1) coordinating preparedness efforts at the + Federal level, and working with all State, local, + tribal, parish, and private sector emergency response + providers on all matters pertaining to combating + terrorism, including training, exercises, and equipment + support; + (2) coordinating or, as appropriate, consolidating + communications and systems of communications relating + to homeland security at all levels of government; + (3) directing and supervising terrorism + preparedness grant programs of the Federal Government + (other than those programs administered by the + Department of Health and Human Services) for all + emergency response providers; + (4) incorporating the Strategy priorities into + planning guidance on an agency level for the + preparedness efforts of the Office for Domestic + Preparedness; + (5) providing agency-specific training for agents + and analysts within the Department, other agencies, and + State and local agencies and international entities; + (6) as the lead executive branch agency for + preparedness of the United States for acts of + terrorism, cooperating closely with the Federal + Emergency Management Agency, which shall have the + primary responsibility within the executive branch to + prepare for and mitigate the effects of nonterrorist- + related disasters in the United States; + (7) assisting and supporting the Secretary, in + coordination with other Directorates and entities + outside the Department, in conducting appropriate risk + analysis and risk management activities of State, + local, and tribal governments consistent with the + mission and functions of the Directorate; + (8) those elements of the Office of National + Preparedness of the Federal Emergency Management Agency + which relate to terrorism, which shall be consolidated + within the Department in the Office for Domestic + Preparedness established under this section; and + (9) helping to ensure the acquisition of + interoperable communication technology by State and + local governments and emergency response providers. + (d) Fiscal Years 2003 and 2004.--During fiscal year 2003 +and fiscal year 2004, the Director of the Office for Domestic +Preparedness established under this section shall manage and +carry out those functions of the Office for Domestic +Preparedness of the Department of Justice (transferred under +this section) before September 11, 2001, under the same terms, +conditions, policies, and authorities, and with the required +level of personnel, assets, and budget before September 11, +2001. + +SEC. 431. [6 U.S.C. 239] OFFICE OF CARGO SECURITY POLICY. + + (a) Establishment.--There is established within the +Department an Office of Cargo Security Policy (referred to in +this section as the ``Office''). + (b) Purpose.--The Office shall-- + (1) coordinate all Department policies relating to + cargo security; and + (2) consult with stakeholders and coordinate with + other Federal agencies in the establishment of + standards and regulations and to promote best + practices. + (c) Director.-- + (1) Appointment.--The Office shall be headed by a + Director, who shall-- + (A) be appointed by the Secretary; and + (B) report to the Assistant Secretary for + Policy. + (2) Responsibilities.--The Director shall-- + (A) advise the Assistant Secretary for + Policy in the development of Department-wide + policies regarding cargo security; + (B) coordinate all policies relating to + cargo security among the agencies and offices + within the Department relating to cargo + security; and + (C) coordinate the cargo security policies + of the Department with the policies of other + executive agencies. + + Subtitle D--Immigration Enforcement Functions + +SEC. 441. [6 U.S.C. 251] TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR + BORDER AND TRANSPORTATION SECURITY. + + In accordance with title XV (relating to transition +provisions), there shall be transferred from the Commissioner +of Immigration and Naturalization to the Under Secretary for +Border and Transportation Security all functions performed +under the following programs, and all personnel, assets, and +liabilities pertaining to such programs, immediately before +such transfer occurs: + (1) The Border Patrol program. + (2) The detention and removal program. + (3) The intelligence program. + (4) The investigations program. + (5) The inspections program. + +SEC. 442. [6 U.S.C. 252] ESTABLISHMENT OF BUREAU OF BORDER SECURITY. + + (a) Establishment of Bureau.-- + (1) In general.--There shall be in the Department + of Homeland Security a bureau to be known as the + ``Bureau of Border Security''. + (2) Assistant secretary.--The head of the Bureau of + Border Security shall be the Assistant Secretary of the + Bureau of Border Security, who-- + (A) shall report directly to the Under + Secretary for Border and Transportation + Security; and + (B) shall have a minimum of 5 years + professional experience in law enforcement, and + a minimum of 5 years of management experience. + (3) Functions.--The Assistant Secretary of the + Bureau of Border Security-- + (A) shall establish the policies for + performing such functions as are-- + (i) transferred to the Under + Secretary for Border and Transportation + Security by section 441 and delegated + to the Assistant Secretary by the Under + Secretary for Border and Transportation + Security; or + (ii) otherwise vested in the + Assistant Secretary by law; + (B) shall oversee the administration of + such policies; and + (C) shall advise the Under Secretary for + Border and Transportation Security with respect + to any policy or operation of the Bureau of + Border Security that may affect the Bureau of + Citizenship and Immigration Services + established under subtitle E, including + potentially conflicting policies or operations. + (4) Program to collect information relating to + foreign students.--The Assistant Secretary of the + Bureau of Border Security shall be responsible for + administering the program to collect information + relating to nonimmigrant foreign students and other + exchange program participants described in section 641 + of the Illegal Immigration Reform and Immigrant + Responsibility Act of 1996 (8 U.S.C. 1372), including + the Student and Exchange Visitor Information System + established under that section, and shall use such + information to carry out the enforcement functions of + the Bureau. + (5) Managerial rotation program.-- + (A) In general.--Not later than 1 year + after the date on which the transfer of + functions specified under section 441 takes + effect, the Assistant Secretary of the Bureau + of Border Security shall design and implement a + managerial rotation program under which + employees of such bureau holding positions + involving supervisory or managerial + responsibility and classified, in accordance + with chapter 51 of title 5, United States Code, + as a GS-14 or above, shall-- + (i) gain some experience in all the + major functions performed by such + bureau; and + (ii) work in at least one local + office of such bureau. + (B) Report.--Not later than 2 years after + the date on which the transfer of functions + specified under section 441 takes effect, the + Secretary shall submit a report to the Congress + on the implementation of such program. + (b) Chief of Policy and Strategy.-- + (1) In general.--There shall be a position of Chief + of Policy and Strategy for the Bureau of Border + Security. + (2) Functions.--In consultation with Bureau of + Border Security personnel in local offices, the Chief + of Policy and Strategy shall be responsible for-- + (A) making policy recommendations and + performing policy research and analysis on + immigration enforcement issues; and + (B) coordinating immigration policy issues + with the Chief of Policy and Strategy for the + Bureau of Citizenship and Immigration Services + (established under subtitle E), as appropriate. + (c) Legal Advisor.--There shall be a principal legal +advisor to the Assistant Secretary of the Bureau of Border +Security. The legal advisor shall provide specialized legal +advice to the Assistant Secretary of the Bureau of Border +Security and shall represent the bureau in all exclusion, +deportation, and removal proceedings before the Executive +Office for Immigration Review. + +SEC. 443. [6 U.S.C. 253] PROFESSIONAL RESPONSIBILITY AND QUALITY + REVIEW. + + The Under Secretary for Border and Transportation Security +shall be responsible for-- + (1) conducting investigations of noncriminal + allegations of misconduct, corruption, and fraud + involving any employee of the Bureau of Border Security + that are not subject to investigation by the Inspector + General for the Department; + (2) inspecting the operations of the Bureau of + Border Security and providing assessments of the + quality of the operations of such bureau as a whole and + each of its components; and + (3) providing an analysis of the management of the + Bureau of Border Security. + +SEC. 444. [6 U.S.C. 254] EMPLOYEE DISCIPLINE. + + The Under Secretary for Border and Transportation Security +may, notwithstanding any other provision of law, impose +disciplinary action, including termination of employment, +pursuant to policies and procedures applicable to employees of +the Federal Bureau of Investigation, on any employee of the +Bureau of Border Security who willfully deceives the Congress +or agency leadership on any matter. + +SEC. 445. [6 U.S.C. 255] REPORT ON IMPROVING ENFORCEMENT FUNCTIONS. + + (a) In General.--The Secretary, not later than 1 year after +being sworn into office, shall submit to the Committees on +Appropriations and the Judiciary of the House of +Representatives and of the Senate a report with a plan +detailing how the Bureau of Border Security, after the transfer +of functions specified under section 441 takes effect, will +enforce comprehensively, effectively, and fairly all the +enforcement provisions of the Immigration and Nationality Act +(8 U.S.C. 1101 et seq.) relating to such functions. + (b) Consultation.--In carrying out subsection (a), the +Secretary of Homeland Security shall consult with the Attorney +General, the Secretary of State, the Director of the Federal +Bureau of Investigation, the Secretary of the Treasury, the +Secretary of Labor, the Commissioner of Social Security, the +Director of the Executive Office for Immigration Review, and +the heads of State and local law enforcement agencies to +determine how to most effectively conduct enforcement +operations. + +SEC. 446. [6 U.S.C. 256] SENSE OF CONGRESS REGARDING CONSTRUCTION OF + FENCING NEAR SAN DIEGO, CALIFORNIA. + + It is the sense of the Congress that completing the 14-mile +border fence project required to be carried out under section +102(b) of the Illegal Immigration Reform and Immigrant +Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a +priority for the Secretary. + + Subtitle E--Citizenship and Immigration Services + +SEC. 451. [6 U.S.C. 271] ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND + IMMIGRATION SERVICES. + + (a) Establishment of Bureau.-- + (1) In general.--There shall be in the Department a + bureau to be known as the ``Bureau of Citizenship and + Immigration Services''. + (2) Director.--The head of the Bureau of + Citizenship and Immigration Services shall be the + Director of the Bureau of Citizenship and Immigration + Services, who-- + (A) shall report directly to the Deputy + Secretary; + (B) shall have a minimum of 5 years of + management experience; and + (C) shall be paid at the same level as the + Assistant Secretary of the Bureau of Border + Security. + (3) Functions.--The Director of the Bureau of + Citizenship and Immigration Services-- + (A) shall establish the policies for + performing such functions as are transferred to + the Director by this section or this Act or + otherwise vested in the Director by law; + (B) shall oversee the administration of + such policies; + (C) shall advise the Deputy Secretary with + respect to any policy or operation of the + Bureau of Citizenship and Immigration Services + that may affect the Bureau of Border Security + of the Department, including potentially + conflicting policies or operations; + (D) shall establish national immigration + services policies and priorities; + (E) shall meet regularly with the Ombudsman + described in section 452 to correct serious + service problems identified by the Ombudsman; + and + (F) shall establish procedures requiring a + formal response to any recommendations + submitted in the Ombudsman's annual report to + Congress within 3 months after its submission + to Congress. + (4) Managerial rotation program.-- + (A) In general.--Not later than 1 year + after the effective date specified in section + 455, the Director of the Bureau of Citizenship + and Immigration Services shall design and + implement a managerial rotation program under + which employees of such bureau holding + positions involving supervisory or managerial + responsibility and classified, in accordance + with chapter 51 of title 5, United States Code, + as a GS-14 or above, shall-- + (i) gain some experience in all the + major functions performed by such + bureau; and + (ii) work in at least one field + office and one service center of such + bureau. + (B) Report.--Not later than 2 years after + the effective date specified in section 455, + the Secretary shall submit a report to Congress + on the implementation of such program. + (5) Pilot initiatives for backlog elimination.--The + Director of the Bureau of Citizenship and Immigration + Services is authorized to implement innovative pilot + initiatives to eliminate any remaining backlog in the + processing of immigration benefit applications, and to + prevent any backlog in the processing of such + applications from recurring, in accordance with section + 204(a) of the Immigration Services and Infrastructure + Improvements Act of 2000 (8 U.S.C. 1573(a)). Such + initiatives may include measures such as increasing + personnel, transferring personnel to focus on areas + with the largest potential for backlog, and + streamlining paperwork. + (b) Transfer of Functions From Commissioner.--In accordance +with title XV (relating to transition provisions), there are +transferred from the Commissioner of Immigration and +Naturalization to the Director of the Bureau of Citizenship and +Immigration Services the following functions, and all +personnel, infrastructure, and funding provided to the +Commissioner in support of such functions immediately before +the effective date specified in section 455: + (1) Adjudications of immigrant visa petitions. + (2) Adjudications of naturalization petitions. + (3) Adjudications of asylum and refugee + applications. + (4) Adjudications performed at service centers. + (5) All other adjudications performed by the + Immigration and Naturalization Service immediately + before the effective date specified in section 455. + (c) Chief of Policy and Strategy.-- + (1) In general.--There shall be a position of Chief + of Policy and Strategy for the Bureau of Citizenship + and Immigration Services. + (2) Functions.--In consultation with Bureau of + Citizenship and Immigration Services personnel in field + offices, the Chief of Policy and Strategy shall be + responsible for-- + (A) making policy recommendations and + performing policy research and analysis on + immigration services issues; and + (B) coordinating immigration policy issues + with the Chief of Policy and Strategy for the + Bureau of Border Security of the Department. + (d) Legal Advisor.-- + (1) In general.--There shall be a principal legal + advisor to the Director of the Bureau of Citizenship + and Immigration Services. + (2) Functions.--The legal advisor shall be + responsible for-- + (A) providing specialized legal advice, + opinions, determinations, regulations, and any + other assistance to the Director of the Bureau + of Citizenship and Immigration Services with + respect to legal matters affecting the Bureau + of Citizenship and Immigration Services; and + (B) representing the Bureau of Citizenship + and Immigration Services in visa petition + appeal proceedings before the Executive Office + for Immigration Review. + (e) Budget Officer.-- + (1) In general.--There shall be a Budget Officer + for the Bureau of Citizenship and Immigration Services. + (2) Functions.-- + (A) In general.--The Budget Officer shall + be responsible for-- + (i) formulating and executing the + budget of the Bureau of Citizenship and + Immigration Services; + (ii) financial management of the + Bureau of Citizenship and Immigration + Services; and + (iii) collecting all payments, + fines, and other debts for the Bureau + of Citizenship and Immigration + Services. + (f) Chief of Office of Citizenship.-- + (1) In general.--There shall be a position of Chief + of the Office of Citizenship for the Bureau of + Citizenship and Immigration Services. + (2) Functions.--The Chief of the Office of + Citizenship for the Bureau of Citizenship and + Immigration Services shall be responsible for promoting + instruction and training on citizenship + responsibilities for aliens interested in becoming + naturalized citizens of the United States, including + the development of educational materials. + (g) \1\ Office of the FBI Liaison.-- +--------------------------------------------------------------------------- + \1\ Subsection (g) of section 451 was added by section 2(a) of +Public Law 110-382. Section 4 of such Public Law provides: + +SEC. 4. SUNSET PROVISION. +--------------------------------------------------------------------------- + This Act and the amendments made by this Act are repealed on the +date that is 5 years after the date of the enactment of this Act. +[enactment date is October 9, 2008] +--------------------------------------------------------------------------- + (1) In general.--There shall be an Office of the + FBI Liaison in the Department of Homeland Security. + (2) Functions.--The Office of the FBI Liaison shall + monitor the progress of the functions of the Federal + Bureau of Investigation in the naturalization process + to assist in the expeditious completion of all such + functions pertaining to naturalization applications + filed by, or on behalf of-- + (A) current or former members of the Armed + Forces under section 328 or 329 of the + Immigration and Nationality Act (8 U.S.C. 1439 + and 1440); + (B) current spouses of United States + citizens who are currently serving on active + duty in the Armed Forces, who qualify for + naturalization under section 319(b) of the + Immigration and Nationality Act (8 U.S.C. + 1430(b)), and surviving spouses and children + who qualify for naturalization under section + 319(d) of such Act; or + (C) a deceased individual who is eligible + for posthumous citizenship under section 329A + of the Immigration and Nationality Act (8 + U.S.C. 1440-1). + (3) Authorization of appropriations.--There are + authorized to be appropriated such sums as may be + necessary to carry out this subsection. + +SEC. 452. [6 U.S.C. 272] CITIZENSHIP AND IMMIGRATION SERVICES + OMBUDSMAN. + + (a) In General.--Within the Department, there shall be a +position of Citizenship and Immigration Services Ombudsman (in +this section referred to as the ``Ombudsman''). The Ombudsman +shall report directly to the Deputy Secretary. The Ombudsman +shall have a background in customer service as well as +immigration law. + (b) Functions.--It shall be the function of the Ombudsman-- + (1) to assist individuals and employers in + resolving problems with the Bureau of Citizenship and + Immigration Services; + (2) to identify areas in which individuals and + employers have problems in dealing with the Bureau of + Citizenship and Immigration Services; and + (3) to the extent possible, to propose changes in + the administrative practices of the Bureau of + Citizenship and Immigration Services to mitigate + problems identified under paragraph (2). + (c) Annual Reports.-- + (1) Objectives.--Not later than June 30 of each + calendar year, the Ombudsman shall report to the + Committee on the Judiciary of the House of + Representatives and the Senate on the objectives of the + Office of the Ombudsman for the fiscal year beginning + in such calendar year. Any such report shall contain + full and substantive analysis, in addition to + statistical information, and-- + (A) shall identify the recommendations the + Office of the Ombudsman has made on improving + services and responsiveness of the Bureau of + Citizenship and Immigration Services; + (B) shall contain a summary of the most + pervasive and serious problems encountered by + individuals and employers, including a + description of the nature of such problems; + (C) shall contain an inventory of the items + described in subparagraphs (A) and (B) for + which action has been taken and the result of + such action; + (D) shall contain an inventory of the items + described in subparagraphs (A) and (B) for + which action remains to be completed and the + period during which each item has remained on + such inventory; + (E) shall contain an inventory of the items + described in subparagraphs (A) and (B) for + which no action has been taken, the period + during which each item has remained on such + inventory, the reasons for the inaction, and + shall identify any official of the Bureau of + Citizenship and Immigration Services who is + responsible for such inaction; + (F) shall contain recommendations for such + administrative action as may be appropriate to + resolve problems encountered by individuals and + employers, including problems created by + excessive backlogs in the adjudication and + processing of immigration benefit petitions and + applications; and + (G) shall include such other information as + the Ombudsman may deem advisable. + (2) Report to be submitted directly.--Each report + required under this subsection shall be provided + directly to the committees described in paragraph (1) + without any prior comment or amendment from the + Secretary, Deputy Secretary, Director of the Bureau of + Citizenship and Immigration Services, or any other + officer or employee of the Department or the Office of + Management and Budget. + (d) Other Responsibilities.--The Ombudsman-- + (1) shall monitor the coverage and geographic + allocation of local offices of the Ombudsman; + (2) shall develop guidance to be distributed to all + officers and employees of the Bureau of Citizenship and + Immigration Services outlining the criteria for + referral of inquiries to local offices of the + Ombudsman; + (3) shall ensure that the local telephone number + for each local office of the Ombudsman is published and + available to individuals and employers served by the + office; and + (4) shall meet regularly with the Director of the + Bureau of Citizenship and Immigration Services to + identify serious service problems and to present + recommendations for such administrative action as may + be appropriate to resolve problems encountered by + individuals and employers. + (e) Personnel Actions.-- + (1) In general.--The Ombudsman shall have the + responsibility and authority-- + (A) to appoint local ombudsmen and make + available at least 1 such ombudsman for each + State; and + (B) to evaluate and take personnel actions + (including dismissal) with respect to any + employee of any local office of the Ombudsman. + (2) Consultation.--The Ombudsman may consult with + the appropriate supervisory personnel of the Bureau of + Citizenship and Immigration Services in carrying out + the Ombudsman's responsibilities under this subsection. + (f) Responsibilities of Bureau of Citizenship and +Immigration Services.--The Director of the Bureau of +Citizenship and Immigration Services shall establish procedures +requiring a formal response to all recommendations submitted to +such director by the Ombudsman within 3 months after submission +to such director. + (g) Operation of Local Offices.-- + (1) In general.--Each local ombudsman-- + (A) shall report to the Ombudsman or the + delegate thereof; + (B) may consult with the appropriate + supervisory personnel of the Bureau of + Citizenship and Immigration Services regarding + the daily operation of the local office of such + ombudsman; + (C) shall, at the initial meeting with any + individual or employer seeking the assistance + of such local office, notify such individual or + employer that the local offices of the + Ombudsman operate independently of any other + component of the Department and report directly + to Congress through the Ombudsman; and + (D) at the local ombudsman's discretion, + may determine not to disclose to the Bureau of + Citizenship and Immigration Services contact + with, or information provided by, such + individual or employer. + (2) Maintenance of independent communications.-- + Each local office of the Ombudsman shall maintain a + phone, facsimile, and other means of electronic + communication access, and a post office address, that + is separate from those maintained by the Bureau of + Citizenship and Immigration Services, or any component + of the Bureau of Citizenship and Immigration Services. + +SEC. 453. [6 U.S.C. 273] PROFESSIONAL RESPONSIBILITY AND QUALITY + REVIEW. + + (a) In General.--The Director of the Bureau of Citizenship +and Immigration Services shall be responsible for-- + (1) conducting investigations of noncriminal + allegations of misconduct, corruption, and fraud + involving any employee of the Bureau of Citizenship and + Immigration Services that are not subject to + investigation by the Inspector General for the + Department; + (2) inspecting the operations of the Bureau of + Citizenship and Immigration Services and providing + assessments of the quality of the operations of such + bureau as a whole and each of its components; and + (3) providing an analysis of the management of the + Bureau of Citizenship and Immigration Services. + (b) Special Considerations.--In providing assessments in +accordance with subsection (a)(2) with respect to a decision of +the Bureau of Citizenship and Immigration Services, or any of +its components, consideration shall be given to-- + (1) the accuracy of the findings of fact and + conclusions of law used in rendering the decision; + (2) any fraud or misrepresentation associated with + the decision; and + (3) the efficiency with which the decision was + rendered. + +SEC. 454. [6 U.S.C. 274] EMPLOYEE DISCIPLINE. + + The Director of the Bureau of Citizenship and Immigration +Services may, notwithstanding any other provision of law, +impose disciplinary action, including termination of +employment, pursuant to policies and procedures applicable to +employees of the Federal Bureau of Investigation, on any +employee of the Bureau of Citizenship and Immigration Services +who willfully deceives Congress or agency leadership on any +matter. + +SEC. 455. [6 U.S.C. 271 NOTE] EFFECTIVE DATE. + + Notwithstanding section 4, sections 451 through 456, and +the amendments made by such sections, shall take effect on the +date on which the transfer of functions specified under section +441 takes effect. + +SEC. 456. [6 U.S.C. 275] TRANSITION. + + (a) References.--With respect to any function transferred +by this subtitle to, and exercised on or after the effective +date specified in section 455 by, the Director of the Bureau of +Citizenship and Immigration Services, any reference in any +other Federal law, Executive order, rule, regulation, or +delegation of authority, or any document of or pertaining to a +component of government from which such function is +transferred-- + (1) to the head of such component is deemed to + refer to the Director of the Bureau of Citizenship and + Immigration Services; or + (2) to such component is deemed to refer to the + Bureau of Citizenship and Immigration Services. + (b) Other Transition Issues.-- + (1) Exercise of authorities.--Except as otherwise + provided by law, a Federal official to whom a function + is transferred by this subtitle may, for purposes of + performing the function, exercise all authorities under + any other provision of law that were available with + respect to the performance of that function to the + official responsible for the performance of the + function immediately before the effective date + specified in section 455. + (2) Transfer and allocation of appropriations and + personnel.--The personnel of the Department of Justice + employed in connection with the functions transferred + by this subtitle (and functions that the Secretary + determines are properly related to the functions of the + Bureau of Citizenship and Immigration Services), and + the assets, liabilities, contracts, property, records, + and unexpended balance of appropriations, + authorizations, allocations, and other funds employed, + held, used, arising from, available to, or to be made + available to, the Immigration and Naturalization + Service in connection with the functions transferred by + this subtitle, subject to section 202 of the Budget and + Accounting Procedures Act of 1950, shall be transferred + to the Director of the Bureau of Citizenship and + Immigration Services for allocation to the appropriate + component of the Department. Unexpended funds + transferred pursuant to this paragraph shall be used + only for the purposes for which the funds were + originally authorized and appropriated. The Secretary + shall have the right to adjust or realign transfers of + funds and personnel effected pursuant to this subtitle + for a period of 2 years after the effective date + specified in section 455. + * * * * * * * + +SEC. 459. [6 U.S.C. 276] REPORT ON IMPROVING IMMIGRATION SERVICES. + + (a) In General.--The Secretary, not later than 1 year after +the effective date of this Act, shall submit to the Committees +on the Judiciary and Appropriations of the House of +Representatives and of the Senate a report with a plan +detailing how the Bureau of Citizenship and Immigration +Services, after the transfer of functions specified in this +subtitle takes effect, will complete efficiently, fairly, and +within a reasonable time, the adjudications described in +paragraphs (1) through (5) of section 451(b). + (b) Contents.--For each type of adjudication to be +undertaken by the Director of the Bureau of Citizenship and +Immigration Services, the report shall include the following: + (1) Any potential savings of resources that may be + implemented without affecting the quality of the + adjudication. + (2) The goal for processing time with respect to + the application. + (3) Any statutory modifications with respect to the + adjudication that the Secretary considers advisable. + (c) Consultation.--In carrying out subsection (a), the +Secretary shall consult with the Secretary of State, the +Secretary of Labor, the Assistant Secretary of the Bureau of +Border Security of the Department, and the Director of the +Executive Office for Immigration Review to determine how to +streamline and improve the process for applying for and making +adjudications described in section 451(b) and related +processes. + +SEC. 460. [6 U.S.C. 277] REPORT ON RESPONDING TO FLUCTUATING NEEDS. + + Not later than 30 days after the date of the enactment of +this Act, the Attorney General shall submit to Congress a +report on changes in law, including changes in authorizations +of appropriations and in appropriations, that are needed to +permit the Immigration and Naturalization Service, and, after +the transfer of functions specified in this subtitle takes +effect, the Bureau of Citizenship and Immigration Services of +the Department, to ensure a prompt and timely response to +emergent, unforeseen, or impending changes in the number of +applications for immigration benefits, and otherwise to ensure +the accommodation of changing immigration service needs. + +SEC. 461. [6 U.S.C. 278] APPLICATION OF INTERNET-BASED TECHNOLOGIES. + + (a) Establishment of Tracking System.--The Secretary, not +later than 1 year after the effective date of this Act, in +consultation with the Technology Advisory Committee established +under subsection (c), shall establish an Internet-based system, +that will permit a person, employer, immigrant, or nonimmigrant +who has filings with the Secretary for any benefit under the +Immigration and Nationality Act (8 U.S.C. 1101 et seq.), access +to online information about the processing status of the filing +involved. + (b) Feasibility Study for Online Filing and Improved +Processing.-- + (1) Online filing.--The Secretary, in consultation + with the Technology Advisory Committee established + under subsection (c), shall conduct a feasibility study + on the online filing of the filings described in + subsection (a). The study shall include a review of + computerization and technology of the Immigration and + Naturalization Service relating to the immigration + services and processing of filings related to immigrant + services. The study shall also include an estimate of + the timeframe and cost and shall consider other factors + in implementing such a filing system, including the + feasibility of fee payment online. + (2) Report.--A report on the study under this + subsection shall be submitted to the Committees on the + Judiciary of the House of Representatives and the + Senate not later than 1 year after the effective date + of this Act. + (c) Technology Advisory Committee.-- + (1) Establishment.--The Secretary shall establish, + not later than 60 days after the effective date of this + Act, an advisory committee (in this section referred to + as the ``Technology Advisory Committee'') to assist the + Secretary in-- + (A) establishing the tracking system under + subsection (a); and + (B) conducting the study under subsection + (b). + The Technology Advisory Committee shall be established + after consultation with the Committees on the Judiciary + of the House of Representatives and the Senate. + (2) Composition.--The Technology Advisory Committee + shall be composed of representatives from high + technology companies capable of establishing and + implementing the system in an expeditious manner, and + representatives of persons who may use the tracking + system described in subsection (a) and the online + filing system described in subsection (b)(1). + +SEC. 462. [6 U.S.C. 279] CHILDREN'S AFFAIRS. + + (a) Transfer of Functions.--There are transferred to the +Director of the Office of Refugee Resettlement of the +Department of Health and Human Services functions under the +immigration laws of the United States with respect to the care +of unaccompanied alien children that were vested by statute in, +or performed by, the Commissioner of Immigration and +Naturalization (or any officer, employee, or component of the +Immigration and Naturalization Service) immediately before the +effective date specified in subsection (d). + (b) Functions.-- + (1) In general.--Pursuant to the transfer made by + subsection (a), the Director of the Office of Refugee + Resettlement shall be responsible for-- + (A) coordinating and implementing the care + and placement of unaccompanied alien children + who are in Federal custody by reason of their + immigration status, including developing a plan + to be submitted to Congress on how to ensure + that qualified and independent legal counsel is + timely appointed to represent the interests of + each such child, consistent with the law + regarding appointment of counsel that is in + effect on the date of the enactment of this + Act; + (B) ensuring that the interests of the + child are considered in decisions and actions + relating to the care and custody of an + unaccompanied alien child; + (C) making placement determinations for all + unaccompanied alien children who are in Federal + custody by reason of their immigration status; + (D) implementing the placement + determinations; + (E) implementing policies with respect to + the care and placement of unaccompanied alien + children; + (F) identifying a sufficient number of + qualified individuals, entities, and facilities + to house unaccompanied alien children; + (G) overseeing the infrastructure and + personnel of facilities in which unaccompanied + alien children reside; + (H) reuniting unaccompanied alien children + with a parent abroad in appropriate cases; + (I) compiling, updating, and publishing at + least annually a state-by-state list of + professionals or other entities qualified to + provide guardian and attorney representation + services for unaccompanied alien children; + (J) maintaining statistical information and + other data on unaccompanied alien children for + whose care and placement the Director is + responsible, which shall include-- + (i) biographical information, such + as a child's name, gender, date of + birth, country of birth, and country of + habitual residence; + (ii) the date on which the child + came into Federal custody by reason of + his or her immigration status; + (iii) information relating to the + child's placement, removal, or release + from each facility in which the child + has resided; + (iv) in any case in which the child + is placed in detention or released, an + explanation relating to the detention + or release; and + (v) the disposition of any actions + in which the child is the subject; + (K) collecting and compiling statistical + information from the Department of Justice, the + Department of Homeland Security, and the + Department of State on each department's + actions relating to unaccompanied alien + children; and + (L) conducting investigations and + inspections of facilities and other entities in + which unaccompanied alien children reside. + (2) Coordination with other entities; no release on + own recognizance.--In making determinations described + in paragraph (1)(C), the Director of the Office of + Refugee Resettlement-- + (A) shall consult with appropriate juvenile + justice professionals, the Director of the + Bureau of Citizenship and Immigration Services, + and the Assistant Secretary of the Bureau of + Border Security to ensure that such + determinations ensure that unaccompanied alien + children described in such subparagraph-- + (i) are likely to appear for all + hearings or proceedings in which they + are involved; + (ii) are protected from smugglers, + traffickers, or others who might seek + to victimize or otherwise engage them + in criminal, harmful, or exploitive + activity; and + (iii) are placed in a setting in + which they are not likely to pose a + danger to themselves or others; and + (B) shall not release such children upon + their own recognizance. + (3) Duties with respect to foster care.--In + carrying out the duties described in paragraph (1)(G), + the Director of the Office of Refugee Resettlement is + encouraged to use the refugee children foster care + system established pursuant to section 412(d) of the + Immigration and Nationality Act (8 U.S.C. 1522(d)) for + the placement of unaccompanied alien children. + (c) Rule of Construction.--Nothing in this section may be +construed to transfer the responsibility for adjudicating +benefit determinations under the Immigration and Nationality +Act (8 U.S.C. 1101 et seq.) from the authority of any official +of the Department of Justice, the Department of Homeland +Security, or the Department of State. + (d) Effective Date.--Notwithstanding section 4, this +section shall take effect on the date on which the transfer of +functions specified under section 441 takes effect. + (e) References.--With respect to any function transferred +by this section, any reference in any other Federal law, +Executive order, rule, regulation, or delegation of authority, +or any document of or pertaining to a component of government +from which such function is transferred-- + (1) to the head of such component is deemed to + refer to the Director of the Office of Refugee + Resettlement; or + (2) to such component is deemed to refer to the + Office of Refugee Resettlement of the Department of + Health and Human Services. + (f) Other Transition Issues.-- + (1) Exercise of authorities.--Except as otherwise + provided by law, a Federal official to whom a function + is transferred by this section may, for purposes of + performing the function, exercise all authorities under + any other provision of law that were available with + respect to the performance of that function to the + official responsible for the performance of the + function immediately before the effective date + specified in subsection (d). + (2) Savings provisions.--Subsections (a), (b), and + (c) of section 1512 shall apply to a transfer of + functions under this section in the same manner as such + provisions apply to a transfer of functions under this + Act to the Department of Homeland Security. + (3) Transfer and allocation of appropriations and + personnel.--The personnel of the Department of Justice + employed in connection with the functions transferred + by this section, and the assets, liabilities, + contracts, property, records, and unexpended balance of + appropriations, authorizations, allocations, and other + funds employed, held, used, arising from, available to, + or to be made available to, the Immigration and + Naturalization Service in connection with the functions + transferred by this section, subject to section 202 of + the Budget and Accounting Procedures Act of 1950, shall + be transferred to the Director of the Office of Refugee + Resettlement for allocation to the appropriate + component of the Department of Health and Human + Services. Unexpended funds transferred pursuant to this + paragraph shall be used only for the purposes for which + the funds were originally authorized and appropriated. + (g) Definitions.--As used in this section-- + (1) the term ``placement'' means the placement of + an unaccompanied alien child in either a detention + facility or an alternative to such a facility; and + (2) the term ``unaccompanied alien child'' means a + child who-- + (A) has no lawful immigration status in the + United States; + (B) has not attained 18 years of age; and + (C) with respect to whom-- + (i) there is no parent or legal + guardian in the United States; or + (ii) no parent or legal guardian in + the United States is available to + provide care and physical custody. + + Subtitle F--General Immigration Provisions + +SEC. 471. [6 U.S.C. 291] ABOLISHMENT OF INS. + + (a) In General.--Upon completion of all transfers from the +Immigration and Naturalization Service as provided for by this +Act, the Immigration and Naturalization Service of the +Department of Justice is abolished. + (b) Prohibition.--The authority provided by section 1502 +may be used to reorganize functions or organizational units +within the Bureau of Border Security or the Bureau of +Citizenship and Immigration Services, but may not be used to +recombine the two bureaus into a single agency or otherwise to +combine, join, or consolidate functions or organizational units +of the two bureaus with each other. + +SEC. 472. [6 U.S.C. 292] VOLUNTARY SEPARATION INCENTIVE PAYMENTS. + + (a) Definitions.--For purposes of this section-- + (1) the term ``employee'' means an employee (as + defined by section 2105 of title 5, United States Code) + who-- + (A) has completed at least 3 years of + current continuous service with 1 or more + covered entities; and + (B) is serving under an appointment without + time limitation, + but does not include any person under subparagraphs + (A)-(G) of section 663(a)(2) of Public Law 104-208 (5 + U.S.C. 5597 note); + (2) the term ``covered entity'' means-- + (A) the Immigration and Naturalization + Service; + (B) the Bureau of Border Security of the + Department of Homeland Security; and + (C) the Bureau of Citizenship and + Immigration Services of the Department of + Homeland Security; and + (3) the term ``transfer date'' means the date on + which the transfer of functions specified under section + 441 takes effect. + (b) Strategic Restructuring Plan.--Before the Attorney +General or the Secretary obligates any resources for voluntary +separation incentive payments under this section, such official +shall submit to the appropriate committees of Congress a +strategic restructuring plan, which shall include-- + (1) an organizational chart depicting the covered + entities after their restructuring pursuant to this + Act; + (2) a summary description of how the authority + under this section will be used to help carry out that + restructuring; and + (3) the information specified in section 663(b)(2) + of Public Law 104-208 (5 U.S.C. 5597 note). +As used in the preceding sentence, the ``appropriate committees +of Congress'' are the Committees on Appropriations, Government +Reform, and the Judiciary of the House of Representatives, and +the Committees on Appropriations, Governmental Affairs, and the +Judiciary of the Senate. + (c) Authority.--The Attorney General and the Secretary may, +to the extent necessary to help carry out their respective +strategic restructuring plan described in subsection (b), make +voluntary separation incentive payments to employees. Any such +payment-- + (1) shall be paid to the employee, in a lump sum, + after the employee has separated from service; + (2) shall be paid from appropriations or funds + available for the payment of basic pay of the employee; + (3) shall be equal to the lesser of-- + (A) the amount the employee would be + entitled to receive under section 5595(c) of + title 5, United States Code; or + (B) an amount not to exceed $25,000, as + determined by the Attorney General or the + Secretary; + (4) may not be made except in the case of any + qualifying employee who voluntarily separates (whether + by retirement or resignation) before the end of-- + (A) the 3-month period beginning on the + date on which such payment is offered or made + available to such employee; or + (B) the 3-year period beginning on the date + of the enactment of this Act, + whichever occurs first; + (5) shall not be a basis for payment, and shall not + be included in the computation, of any other type of + Government benefit; and + (6) shall not be taken into account in determining + the amount of any severance pay to which the employee + may be entitled under section 5595 of title 5, United + States Code, based on any other separation. + (d) Additional Agency Contributions to the Retirement +Fund.-- + (1) In general.--In addition to any payments which + it is otherwise required to make, the Department of + Justice and the Department of Homeland Security shall, + for each fiscal year with respect to which it makes any + voluntary separation incentive payments under this + section, remit to the Office of Personnel Management + for deposit in the Treasury of the United States to the + credit of the Civil Service Retirement and Disability + Fund the amount required under paragraph (2). + (2) Amount required.--The amount required under + this paragraph shall, for any fiscal year, be the + amount under subparagraph (A) or (B), whichever is + greater. + (A) First method.--The amount under this + subparagraph shall, for any fiscal year, be + equal to the minimum amount necessary to offset + the additional costs to the retirement systems + under title 5, United States Code (payable out + of the Civil Service Retirement and Disability + Fund) resulting from the voluntary separation + of the employees described in paragraph (3), as + determined under regulations of the Office of + Personnel Management. + (B) Second method.--The amount under this + subparagraph shall, for any fiscal year, be + equal to 45 percent of the sum total of the + final basic pay of the employees described in + paragraph (3). + (3) Computations to be based on separations + occurring in the fiscal year involved.--The employees + described in this paragraph are those employees who + receive a voluntary separation incentive payment under + this section based on their separating from service + during the fiscal year with respect to which the + payment under this subsection relates. + (4) Final basic pay defined.--In this subsection, + the term ``final basic pay'' means, with respect to an + employee, the total amount of basic pay which would be + payable for a year of service by such employee, + computed using the employee's final rate of basic pay, + and, if last serving on other than a full-time basis, + with appropriate adjustment therefor. + (e) Effect of Subsequent Employment With the Government.-- +An individual who receives a voluntary separation incentive +payment under this section and who, within 5 years after the +date of the separation on which the payment is based, accepts +any compensated employment with the Government or works for any +agency of the Government through a personal services contract, +shall be required to pay, prior to the individual's first day +of employment, the entire amount of the incentive payment. Such +payment shall be made to the covered entity from which the +individual separated or, if made on or after the transfer date, +to the Deputy Secretary or the Under Secretary for Border and +Transportation Security (for transfer to the appropriate +component of the Department of Homeland Security, if +necessary). + (f) Effect on Employment Levels.-- + (1) Intended effect.--Voluntary separations under + this section are not intended to necessarily reduce the + total number of full-time equivalent positions in any + covered entity. + (2) Use of voluntary separations.--A covered entity + may redeploy or use the full-time equivalent positions + vacated by voluntary separations under this section to + make other positions available to more critical + locations or more critical occupations. + +SEC. 473. [6 U.S.C. 293] AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT + RELATING TO DISCIPLINARY ACTION. + + (a) In General.--The Attorney General and the Secretary may +each, during a period ending not later than 5 years after the +date of the enactment of this Act, conduct a demonstration +project for the purpose of determining whether one or more +changes in the policies or procedures relating to methods for +disciplining employees would result in improved personnel +management. + (b) Scope.--A demonstration project under this section-- + (1) may not cover any employees apart from those + employed in or under a covered entity; and + (2) shall not be limited by any provision of + chapter 43, 75, or 77 of title 5, United States Code. + (c) Procedures.--Under the demonstration project-- + (1) the use of alternative means of dispute + resolution (as defined in section 571 of title 5, + United States Code) shall be encouraged, whenever + appropriate; and + (2) each covered entity under the jurisdiction of + the official conducting the project shall be required + to provide for the expeditious, fair, and independent + review of any action to which section 4303 or + subchapter II of chapter 75 of such title 5 would + otherwise apply (except an action described in section + 7512(5) of such title 5). + (d) Actions Involving Discrimination.--Notwithstanding any +other provision of this section, if, in the case of any matter +described in section 7702(a)(1)(B) of title 5, United States +Code, there is no judicially reviewable action under the +demonstration project within 120 days after the filing of an +appeal or other formal request for review (referred to in +subsection (c)(2)), an employee shall be entitled to file a +civil action to the same extent and in the same manner as +provided in section 7702(e)(1) of such title 5 (in the matter +following subparagraph (C) thereof). + (e) Certain Employees.--Employees shall not be included +within any project under this section if such employees are-- + (1) neither managers nor supervisors; and + (2) within a unit with respect to which a labor + organization is accorded exclusive recognition under + chapter 71 of title 5, United States Code. +Notwithstanding the preceding sentence, an aggrieved employee +within a unit (referred to in paragraph (2)) may elect to +participate in a complaint procedure developed under the +demonstration project in lieu of any negotiated grievance +procedure and any statutory procedure (as such term is used in +section 7121 of such title 5). + (f) Reports.--The General Accounting Office shall prepare +and submit to the Committees on Government Reform and the +Judiciary of the House of Representatives and the Committees on +Governmental Affairs and the Judiciary of the Senate periodic +reports on any demonstration project conducted under this +section, such reports to be submitted after the second and +fourth years of its operation. Upon request, the Attorney +General or the Secretary shall furnish such information as the +General Accounting Office may require to carry out this +subsection. + (g) Definition.--In this section, the term ``covered +entity'' has the meaning given such term in section 472(a)(2). + +SEC. 474. [6 U.S.C. 294] SENSE OF CONGRESS. + + It is the sense of Congress that-- + (1) the missions of the Bureau of Border Security + and the Bureau of Citizenship and Immigration Services + are equally important and, accordingly, they each + should be adequately funded; and + (2) the functions transferred under this subtitle + should not, after such transfers take effect, operate + at levels below those in effect prior to the enactment + of this Act. + +SEC. 475. [6 U.S.C. 295] DIRECTOR OF SHARED SERVICES. + + (a) In General.--Within the Office of Deputy Secretary, +there shall be a Director of Shared Services. + (b) Functions.--The Director of Shared Services shall be +responsible for the coordination of resources for the Bureau of +Border Security and the Bureau of Citizenship and Immigration +Services, including-- + (1) information resources management, including + computer databases and information technology; + (2) records and file management; and + (3) forms management. + +SEC. 476. [6 U.S.C. 296] SEPARATION OF FUNDING. + + (a) In General.--There shall be established separate +accounts in the Treasury of the United States for appropriated +funds and other deposits available for the Bureau of +Citizenship and Immigration Services and the Bureau of Border +Security. + (b) Separate Budgets.--To ensure that the Bureau of +Citizenship and Immigration Services and the Bureau of Border +Security are funded to the extent necessary to fully carry out +their respective functions, the Director of the Office of +Management and Budget shall separate the budget requests for +each such entity. + (c) Fees.--Fees imposed for a particular service, +application, or benefit shall be deposited into the account +established under subsection (a) that is for the bureau with +jurisdiction over the function to which the fee relates. + (d) Fees Not Transferable.--No fee may be transferred +between the Bureau of Citizenship and Immigration Services and +the Bureau of Border Security for purposes not authorized by +section 286 of the Immigration and Nationality Act (8 U.S.C. +1356). + +SEC. 477. [6 U.S.C. 297] REPORTS AND IMPLEMENTATION PLANS. + + (a) Division of Funds.--The Secretary, not later than 120 +days after the effective date of this Act, shall submit to the +Committees on Appropriations and the Judiciary of the House of +Representatives and of the Senate a report on the proposed +division and transfer of funds, including unexpended funds, +appropriations, and fees, between the Bureau of Citizenship and +Immigration Services and the Bureau of Border Security. + (b) Division of Personnel.--The Secretary, not later than +120 days after the effective date of this Act, shall submit to +the Committees on Appropriations and the Judiciary of the House +of Representatives and of the Senate a report on the proposed +division of personnel between the Bureau of Citizenship and +Immigration Services and the Bureau of Border Security. + (c) Implementation Plan.-- + (1) In general.--The Secretary, not later than 120 + days after the effective date of this Act, and every 6 + months thereafter until the termination of fiscal year + 2005, shall submit to the Committees on Appropriations + and the Judiciary of the House of Representatives and + of the Senate an implementation plan to carry out this + Act. + (2) Contents.--The implementation plan should + include details concerning the separation of the Bureau + of Citizenship and Immigration Services and the Bureau + of Border Security, including the following: + (A) Organizational structure, including the + field structure. + (B) Chain of command. + (C) Procedures for interaction among such + bureaus. + (D) Fraud detection and investigation. + (E) The processing and handling of removal + proceedings, including expedited removal and + applications for relief from removal. + (F) Recommendations for conforming + amendments to the Immigration and Nationality + Act (8 U.S.C. 1101 et seq.). + (G) Establishment of a transition team. + (H) Methods to phase in the costs of + separating the administrative support systems + of the Immigration and Naturalization Service + in order to provide for separate administrative + support systems for the Bureau of Citizenship + and Immigration Services and the Bureau of + Border Security. + (d) Comptroller General Studies and Reports.-- + (1) Status reports on transition.--Not later than + 18 months after the date on which the transfer of + functions specified under section 441 takes effect, and + every 6 months thereafter, until full implementation of + this subtitle has been completed, the Comptroller + General of the United States shall submit to the + Committees on Appropriations and on the Judiciary of + the House of Representatives and the Senate a report + containing the following: + (A) A determination of whether the + transfers of functions made by subtitles D and + E have been completed, and if a transfer of + functions has not taken place, identifying the + reasons why the transfer has not taken place. + (B) If the transfers of functions made by + subtitles D and E have been completed, an + identification of any issues that have arisen + due to the completed transfers. + (C) An identification of any issues that + may arise due to any future transfer of + functions. + (2) Report on management.--Not later than 4 years + after the date on which the transfer of functions + specified under section 441 takes effect, the + Comptroller General of the United States shall submit + to the Committees on Appropriations and on the + Judiciary of the House of Representatives and the + Senate a report, following a study, containing the + following: + (A) Determinations of whether the transfer + of functions from the Immigration and + Naturalization Service to the Bureau of + Citizenship and Immigration Services and the + Bureau of Border Security have improved, with + respect to each function transferred, the + following: + (i) Operations. + (ii) Management, including + accountability and communication. + (iii) Financial administration. + (iv) Recordkeeping, including + information management and technology. + (B) A statement of the reasons for the + determinations under subparagraph (A). + (C) Any recommendations for further + improvements to the Bureau of Citizenship and + Immigration Services and the Bureau of Border + Security. + (3) Report on fees.--Not later than 1 year after + the date of the enactment of this Act, the Comptroller + General of the United States shall submit to the + Committees on the Judiciary of the House of + Representatives and of the Senate a report examining + whether the Bureau of Citizenship and Immigration + Services is likely to derive sufficient funds from fees + to carry out its functions in the absence of + appropriated funds. + +SEC. 478. [6 U.S.C. 298] IMMIGRATION FUNCTIONS. + + (a) Annual Report.-- + (1) In general.--One year after the date of the + enactment of this Act, and each year thereafter, the + Secretary shall submit a report to the President, to + the Committees on the Judiciary and Government Reform + of the House of Representatives, and to the Committees + on the Judiciary and Government Affairs of the Senate, + on the impact the transfers made by this subtitle has + had on immigration functions. + (2) Matter included.--The report shall address the + following with respect to the period covered by the + report: + (A) The aggregate number of all immigration + applications and petitions received, and + processed, by the Department. + (B) Region-by-region statistics on the + aggregate number of immigration applications + and petitions filed by an alien (or filed on + behalf of an alien) and denied, disaggregated + by category of denial and application or + petition type. + (C) The quantity of backlogged immigration + applications and petitions that have been + processed, the aggregate number awaiting + processing, and a detailed plan for eliminating + the backlog. + (D) The average processing period for + immigration applications and petitions, + disaggregated by application or petition type. + (E) The number and types of immigration- + related grievances filed with any official of + the Department of Justice, and if those + grievances were resolved. + (F) Plans to address grievances and improve + immigration services. + (G) Whether immigration-related fees were + used consistent with legal requirements + regarding such use. + (H) Whether immigration-related questions + conveyed by customers to the Department + (whether conveyed in person, by telephone, or + by means of the Internet) were answered + effectively and efficiently. + (b) Sense of Congress Regarding Immigration Services.--It +is the sense of Congress that-- + (1) the quality and efficiency of immigration + services rendered by the Federal Government should be + improved after the transfers made by this subtitle take + effect; and + (2) the Secretary should undertake efforts to + guarantee that concerns regarding the quality and + efficiency of immigration services are addressed after + such effective date. + + TITLE V--NATIONAL EMERGENCY MANAGEMENT + +SEC. 501. [6 U.S.C. 311] DEFINITIONS. + + In this title-- + (1) the term ``Administrator'' means the + Administrator of the Agency; + (2) the term ``Agency'' means the Federal Emergency + Management Agency; + (3) the term ``catastrophic incident'' means any + natural disaster, act of terrorism, or other man-made + disaster that results in extraordinary levels of + casualties or damage or disruption severely affecting + the population (including mass evacuations), + infrastructure, environment, economy, national morale, + or government functions in an area; + (4) the terms ``credentialed'' and + ``credentialing'' mean having provided, or providing, + respectively, documentation that identifies personnel + and authenticates and verifies the qualifications of + such personnel by ensuring that such personnel possess + a minimum common level of training, experience, + physical and medical fitness, and capability + appropriate for a particular position in accordance + with standards created under section 510; + (5) the term ``Federal coordinating officer'' means + a Federal coordinating officer as described in section + 302 of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act (42 U.S.C. 5143); + (6) the term ``interoperable'' has the meaning + given the term ``interoperable communications'' under + section 7303(g)(1) of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1)); + (7) the term ``National Incident Management + System'' means a system to enable effective, efficient, + and collaborative incident management; + (8) the term ``National Response Plan'' means the + National Response Plan or any successor plan prepared + under section 502(a)(6); + (9) the term ``Regional Administrator'' means a + Regional Administrator appointed under section 507; + (10) the term ``Regional Office'' means a Regional + Office established under section 507; + (11) the term ``resources'' means personnel and + major items of equipment, supplies, and facilities + available or potentially available for responding to a + natural disaster, act of terrorism, or other man-made + disaster; + (12) the term ``surge capacity'' means the ability + to rapidly and substantially increase the provision of + search and rescue capabilities, food, water, medicine, + shelter and housing, medical care, evacuation capacity, + staffing (including disaster assistance employees), and + other resources necessary to save lives and protect + property during a catastrophic incident; + (13) the term ``tribal government'' means the + government of any entity described in section 2(11)(B); + and + (14) the terms ``typed'' and ``typing'' mean having + evaluated, or evaluating, respectively, a resource in + accordance with standards created under section 510. + +SEC. 502. [6 U.S.C. 312] DEFINITION. + + In this title, the term ``Nuclear Incident Response Team'' +means a resource that includes-- + (1) those entities of the Department of Energy that + perform nuclear or radiological emergency support + functions (including accident response, search + response, advisory, and technical operations + functions), radiation exposure functions at the medical + assistance facility known as the Radiation Emergency + Assistance Center/Training Site (REAC/TS), radiological + assistance functions, and related functions; and + (2) those entities of the Environmental Protection + Agency that perform such support functions (including + radiological emergency response functions) and related + functions. + +SEC. 503. [6 U.S.C. 313] FEDERAL EMERGENCY MANAGEMENT AGENCY. + + (a) In General.--There is in the Department the Federal +Emergency Management Agency, headed by an Administrator. + (b) Mission.-- + (1) Primary mission.--The primary mission of the + Agency is to reduce the loss of life and property and + protect the Nation from all hazards, including natural + disasters, acts of terrorism, and other man-made + disasters, by leading and supporting the Nation in a + risk-based, comprehensive emergency management system + of preparedness, protection, response, recovery, and + mitigation. + (2) Specific activities.--In support of the primary + mission of the Agency, the Administrator shall-- + (A) lead the Nation's efforts to prepare + for, protect against, respond to, recover from, + and mitigate against the risk of natural + disasters, acts of terrorism, and other man- + made disasters, including catastrophic + incidents; + (B) partner with State, local, and tribal + governments and emergency response providers, + with other Federal agencies, with the private + sector, and with nongovernmental organizations + to build a national system of emergency + management that can effectively and efficiently + utilize the full measure of the Nation's + resources to respond to natural disasters, acts + of terrorism, and other man-made disasters, + including catastrophic incidents; + (C) develop a Federal response capability + that, when necessary and appropriate, can act + effectively and rapidly to deliver assistance + essential to saving lives or protecting or + preserving property or public health and safety + in a natural disaster, act of terrorism, or + other man-made disaster; + (D) integrate the Agency's emergency + preparedness, protection, response, recovery, + and mitigation responsibilities to confront + effectively the challenges of a natural + disaster, act of terrorism, or other man-made + disaster; + (E) develop and maintain robust Regional + Offices that will work with State, local, and + tribal governments, emergency response + providers, and other appropriate entities to + identify and address regional priorities; + (F) under the leadership of the Secretary, + coordinate with the Commandant of the Coast + Guard, the Director of Customs and Border + Protection, the Director of Immigration and + Customs Enforcement, the National Operations + Center, and other agencies and offices in the + Department to take full advantage of the + substantial range of resources in the + Department; + (G) provide funding, training, exercises, + technical assistance, planning, and other + assistance to build tribal, local, State, + regional, and national capabilities (including + communications capabilities), necessary to + respond to a natural disaster, act of + terrorism, or other man-made disaster; and + (H) develop and coordinate the + implementation of a risk-based, all-hazards + strategy for preparedness that builds those + common capabilities necessary to respond to + natural disasters, acts of terrorism, and other + man-made disasters while also building the + unique capabilities necessary to respond to + specific types of incidents that pose the + greatest risk to our Nation. + (c) Administrator.-- + (1) In general.--The Administrator shall be + appointed by the President, by and with the advice and + consent of the Senate. + (2) Qualifications.--The Administrator shall be + appointed from among individuals who have-- + (A) a demonstrated ability in and knowledge + of emergency management and homeland security; + and + (B) not less than 5 years of executive + leadership and management experience in the + public or private sector. + (3) Reporting.--The Administrator shall report to + the Secretary, without being required to report through + any other official of the Department. + (4) Principal advisor on emergency management.-- + (A) In general.--The Administrator is the + principal advisor to the President, the + Homeland Security Council, and the Secretary + for all matters relating to emergency + management in the United States. + (B) Advice and recommendations.-- + (i) In general.--In presenting + advice with respect to any matter to + the President, the Homeland Security + Council, or the Secretary, the + Administrator shall, as the + Administrator considers appropriate, + inform the President, the Homeland + Security Council, or the Secretary, as + the case may be, of the range of + emergency preparedness, protection, + response, recovery, and mitigation + options with respect to that matter. + (ii) Advice on request.--The + Administrator, as the principal advisor + on emergency management, shall provide + advice to the President, the Homeland + Security Council, or the Secretary on a + particular matter when the President, + the Homeland Security Council, or the + Secretary requests such advice. + (iii) Recommendations to + congress.--After informing the + Secretary, the Administrator may make + such recommendations to Congress + relating to emergency management as the + Administrator considers appropriate. + (5) Cabinet status.-- + (A) In general.--The President may + designate the Administrator to serve as a + member of the Cabinet in the event of natural + disasters, acts of terrorism, or other man-made + disasters. + (B) Retention of authority.--Nothing in + this paragraph shall be construed as affecting + the authority of the Secretary under this Act. + +SEC. 504. [6 U.S.C. 314] AUTHORITY AND RESPONSIBILITIES. + + (a) In General.--The Administrator shall provide Federal +leadership necessary to prepare for, protect against, respond +to, recover from, or mitigate against a natural disaster, act +of terrorism, or other man-made disaster, including-- + (1) helping to ensure the effectiveness of + emergency response providers to terrorist attacks, + major disasters, and other emergencies; + (2) with respect to the Nuclear Incident Response + Team (regardless of whether it is operating as an + organizational unit of the Department pursuant to this + title)-- + (A) establishing standards and certifying + when those standards have been met; + (B) conducting joint and other exercises + and training and evaluating performance; and + (C) providing funds to the Department of + Energy and the Environmental Protection Agency, + as appropriate, for homeland security planning, + exercises and training, and equipment; + (3) providing the Federal Government's response to + terrorist attacks and major disasters, including-- + (A) managing such response; + (B) directing the Domestic Emergency + Support Team, the National Disaster Medical + System, \1\ and (when operating as an + organizational unit of the Department pursuant + to this title) the Nuclear Incident Response + Team; +--------------------------------------------------------------------------- + \1\ The phrase ``, the National Disaster Medical System,'' in +subsection (a)(3)(B) probably should not appear. Section 301(c)(1) of +Public Law 109-417 (120 Stat. 2854) provides for an amendment to the +Homeland Security Act of 2002 as follows: + + (1) in section 502(3)(B), by striking ``, the National +--------------------------------------------------------------------------- + Disaster Medical System,''; and + + The amendment was not executed because section 502 of the Homeland +Security Act of 2002 was redesignated as section 504 by section 611(8) +of Public Law 109-295 (120 Stat 1395). +--------------------------------------------------------------------------- + (C) overseeing the Metropolitan Medical + Response System; and + (D) coordinating other Federal response + resources, including requiring deployment of + the Strategic National Stockpile, in the event + of a terrorist attack or major disaster; + (4) aiding the recovery from terrorist attacks and + major disasters; + (5) building a comprehensive national incident + management system with Federal, State, and local + government personnel, agencies, and authorities, to + respond to such attacks and disasters; + (6) consolidating existing Federal Government + emergency response plans into a single, coordinated + national response plan; + (7) helping ensure the acquisition of operable and + interoperable communications capabilities by Federal, + State, local, and tribal governments and emergency + response providers; + (8) assisting the President in carrying out the + functions under the Robert T. Stafford Disaster Relief + and Emergency Assistance Act (42 U.S.C. 5121 et seq.) + and carrying out all functions and authorities given to + the Administrator under that Act; + (9) carrying out the mission of the Agency to + reduce the loss of life and property and protect the + Nation from all hazards by leading and supporting the + Nation in a risk-based, comprehensive emergency + management system of-- + (A) mitigation, by taking sustained actions + to reduce or eliminate long-term risks to + people and property from hazards and their + effects; + (B) preparedness, by planning, training, + and building the emergency management + profession to prepare effectively for, mitigate + against, respond to, and recover from any + hazard; + (C) response, by conducting emergency + operations to save lives and property through + positioning emergency equipment, personnel, and + supplies, through evacuating potential victims, + through providing food, water, shelter, and + medical care to those in need, and through + restoring critical public services; and + (D) recovery, by rebuilding communities so + individuals, businesses, and governments can + function on their own, return to normal life, + and protect against future hazards; + (10) increasing efficiencies, by coordinating + efforts relating to preparedness, protection, response, + recovery, and mitigation; + (11) helping to ensure the effectiveness of + emergency response providers in responding to a natural + disaster, act of terrorism, or other man-made disaster; + (12) supervising grant programs administered by the + Agency; + (13) administering and ensuring the implementation + of the National Response Plan, including coordinating + and ensuring the readiness of each emergency support + function under the National Response Plan; + (14) coordinating with the National Advisory + Council established under section 508; + (15) preparing and implementing the plans and + programs of the Federal Government for-- + (A) continuity of operations; + (B) continuity of government; and + (C) continuity of plans; + (16) minimizing, to the extent practicable, + overlapping planning and reporting requirements + applicable to State, local, and tribal governments and + the private sector; + (17) maintaining and operating within the Agency + the National Response Coordination Center or its + successor; + (18) developing a national emergency management + system that is capable of preparing for, protecting + against, responding to, recovering from, and mitigating + against catastrophic incidents; + (19) assisting the President in carrying out the + functions under the national preparedness goal and the + national preparedness system and carrying out all + functions and authorities of the Administrator under + the national preparedness System; + (20) carrying out all authorities of the Federal + Emergency Management Agency and the Directorate of + Preparedness of the Department as transferred under + section 505; and + (21) otherwise carrying out the mission of the + Agency as described in section 503(b). + (b) All-Hazards Approach.--In carrying out the +responsibilities under this section, the Administrator shall +coordinate the implementation of a risk-based, all-hazards +strategy that builds those common capabilities necessary to +prepare for, protect against, respond to, recover from, or +mitigate against natural disasters, acts of terrorism, and +other man-made disasters, while also building the unique +capabilities necessary to prepare for, protect against, respond +to, recover from, or mitigate against the risks of specific +types of incidents that pose the greatest risk to the Nation. + +SEC. 505. [6 U.S.C. 315] FUNCTIONS TRANSFERRED. + + (a) In General.--Except as provided in subsection (b), +there are transferred to the Agency the following: + (1) All functions of the Federal Emergency + Management Agency, including existing responsibilities + for emergency alert systems and continuity of + operations and continuity of government plans and + programs as constituted on June 1, 2006, including all + of its personnel, assets, components, authorities, + grant programs, and liabilities, and including the + functions of the Under Secretary for Federal Emergency + Management relating thereto. + (2) The Directorate of Preparedness, as constituted + on June 1, 2006, including all of its functions, + personnel, assets, components, authorities, grant + programs, and liabilities, and including the functions + of the Under Secretary for Preparedness relating + thereto. + (b) Exceptions.--The following within the Preparedness +Directorate shall not be transferred: + (1) The Office of Infrastructure Protection. + (2) The National Communications System. + (3) The National Cybersecurity Division. + (4) The Office of the Chief Medical Officer. + (5) The functions, personnel, assets, components, + authorities, and liabilities of each component + described under paragraphs (1) through (4). + +SEC. 506. [6 U.S.C. 316] PRESERVING THE FEDERAL EMERGENCY MANAGEMENT + AGENCY. + + (a) Distinct Entity.--The Agency shall be maintained as a +distinct entity within the Department. + (b) Reorganization.--Section 872 shall not apply to the +Agency, including any function or organizational unit of the +Agency. + (c) Prohibition on Changes to Missions.-- + (1) In general.--The Secretary may not + substantially or significantly reduce the authorities, + responsibilities, or functions of the Agency or the + capability of the Agency to perform those missions, + authorities, responsibilities, except as otherwise + specifically provided in an Act enacted after the date + of enactment of the Post-Katrina Emergency Management + Reform Act of 2006. + (2) Certain transfers prohibited.--No asset, + function, or mission of the Agency may be diverted to + the principal and continuing use of any other + organization, unit, or entity of the Department, except + for details or assignments that do not reduce the + capability of the Agency to perform its missions. + (d) Reprogramming and Transfer of Funds.--In reprogramming +or transferring funds, the Secretary shall comply with any +applicable provisions of any Act making appropriations for the +Department for fiscal year 2007, or any succeeding fiscal year, +relating to the reprogramming or transfer of funds. + +SEC. 507. [6 U.S.C. 317] REGIONAL OFFICES. + + (a) In General.--There are in the Agency 10 regional +offices, as identified by the Administrator. + (b) Management of Regional Offices.-- + (1) Regional administrator.--Each Regional Office + shall be headed by a Regional Administrator who shall + be appointed by the Administrator, after consulting + with State, local, and tribal government officials in + the region. Each Regional Administrator shall report + directly to the Administrator and be in the Senior + Executive Service. + (2) Qualifications.-- + (A) In general.--Each Regional + Administrator shall be appointed from among + individuals who have a demonstrated ability in + and knowledge of emergency management and + homeland security. + (B) Considerations.--In selecting a + Regional Administrator for a Regional Office, + the Administrator shall consider the + familiarity of an individual with the + geographical area and demographic + characteristics of the population served by + such Regional Office. + (c) Responsibilities.-- + (1) In general.--The Regional Administrator shall + work in partnership with State, local, and tribal + governments, emergency managers, emergency response + providers, medical providers, the private sector, + nongovernmental organizations, multijurisdictional + councils of governments, and regional planning + commissions and organizations in the geographical area + served by the Regional Office to carry out the + responsibilities of a Regional Administrator under this + section. + (2) Responsibilities.--The responsibilities of a + Regional Administrator include-- + (A) ensuring effective, coordinated, and + integrated regional preparedness, protection, + response, recovery, and mitigation activities + and programs for natural disasters, acts of + terrorism, and other man-made disasters + (including planning, training, exercises, and + professional development); + (B) assisting in the development of + regional capabilities needed for a national + catastrophic response system; + (C) coordinating the establishment of + effective regional operable and interoperable + emergency communications capabilities; + (D) staffing and overseeing 1 or more + strike teams within the region under subsection + (f), to serve as the focal point of the Federal + Government's initial response efforts for + natural disasters, acts of terrorism, and other + man-made disasters within that region, and + otherwise building Federal response + capabilities to respond to natural disasters, + acts of terrorism, and other man-made disasters + within that region; + (E) designating an individual responsible + for the development of strategic and + operational regional plans in support of the + National Response Plan; + (F) fostering the development of mutual aid + and other cooperative agreements; + (G) identifying critical gaps in regional + capabilities to respond to populations with + special needs; + (H) maintaining and operating a Regional + Response Coordination Center or its successor; + (I) coordinating with the private sector to + help ensure private sector preparedness for + natural disasters, acts of terrorism, and other + man-made disasters; + (J) assisting State, local, and tribal + governments, where appropriate, to preidentify + and evaluate suitable sites where a + multijurisdictional incident command system may + quickly be established and operated from, if + the need for such a system arises; and + (K) performing such other duties relating + to such responsibilities as the Administrator + may require. + (3) Training and exercise requirements.-- + (A) Training.--The Administrator shall + require each Regional Administrator to undergo + specific training periodically to complement + the qualifications of the Regional + Administrator. Such training, as appropriate, + shall include training with respect to the + National Incident Management System, the + National Response Plan, and such other subjects + as determined by the Administrator. + (B) Exercises.--The Administrator shall + require each Regional Administrator to + participate as appropriate in regional and + national exercises. + (d) Area Offices.-- + (1) In general.--There is an Area Office for the + Pacific and an Area Office for the Caribbean, as + components in the appropriate Regional Offices. + (2) Alaska.--The Administrator shall establish an + Area Office in Alaska, as a component in the + appropriate Regional Office. + (e) Regional Advisory Council.-- + (1) Establishment.--Each Regional Administrator + shall establish a Regional Advisory Council. + (2) Nominations.--A State, local, or tribal + government located within the geographic area served by + the Regional Office may nominate officials, including + Adjutants General and emergency managers, to serve as + members of the Regional Advisory Council for that + region. + (3) Responsibilities.--Each Regional Advisory + Council shall-- + (A) advise the Regional Administrator on + emergency management issues specific to that + region; + (B) identify any geographic, demographic, + or other characteristics peculiar to any State, + local, or tribal government within the region + that might make preparedness, protection, + response, recovery, or mitigation more + complicated or difficult; and + (C) advise the Regional Administrator of + any weaknesses or deficiencies in preparedness, + protection, response, recovery, and mitigation + for any State, local, and tribal government + within the region of which the Regional + Advisory Council is aware. + (f) Regional Office Strike Teams.-- + (1) In general.--In coordination with other + relevant Federal agencies, each Regional Administrator + shall oversee multi-agency strike teams authorized + under section 303 of the Robert T. Stafford Disaster + Relief and Emergency Assistance Act (42 U.S.C. 5144) + that shall consist of-- + (A) a designated Federal coordinating + officer; + (B) personnel trained in incident + management; + (C) public affairs, response and recovery, + and communications support personnel; + (D) a defense coordinating officer; + (E) liaisons to other Federal agencies; + (F) such other personnel as the + Administrator or Regional Administrator + determines appropriate; and + (G) individuals from the agencies with + primary responsibility for each of the + emergency support functions in the National + Response Plan. + (2) Other duties.--The duties of an individual + assigned to a Regional Office strike team from another + relevant agency when such individual is not functioning + as a member of the strike team shall be consistent with + the emergency preparedness activities of the agency + that employs such individual. + (3) Location of members.--The members of each + Regional Office strike team, including representatives + from agencies other than the Department, shall be based + primarily within the region that corresponds to that + strike team. + (4) Coordination.--Each Regional Office strike team + shall coordinate the training and exercises of that + strike team with the State, local, and tribal + governments and private sector and nongovernmental + entities which the strike team shall support when a + natural disaster, act of terrorism, or other man-made + disaster occurs. + (5) Preparedness.--Each Regional Office strike team + shall be trained as a unit on a regular basis and + equipped and staffed to be well prepared to respond to + natural disasters, acts of terrorism, and other man- + made disasters, including catastrophic incidents. + (6) Authorities.--If the Administrator determines + that statutory authority is inadequate for the + preparedness and deployment of individuals in strike + teams under this subsection, the Administrator shall + report to Congress regarding the additional statutory + authorities that the Administrator determines are + necessary. + +SEC. 508. [6 U.S.C. 318] NATIONAL ADVISORY COUNCIL. + + (a) Establishment.--Not later than 60 days after the date +of enactment of the Post-Katrina Emergency Management Reform +Act of 2006, the Secretary shall establish an advisory body +under section 871(a) to ensure effective and ongoing +coordination of Federal preparedness, protection, response, +recovery, and mitigation for natural disasters, acts of +terrorism, and other man-made disasters, to be known as the +National Advisory Council. + (b) Responsibilities.-- + (1) In general.--The National Advisory Council + shall advise the Administrator on all aspects of + emergency management. The National Advisory Council + shall incorporate State, local, and tribal government + and private sector input in the development and + revision of the national preparedness goal, the + national preparedness system, the National Incident + Management System, the National Response Plan, and + other related plans and strategies. + (2) Consultation on grants.--To ensure input from + and coordination with State, local, and tribal + governments and emergency response providers, the + Administrator shall regularly consult and work with the + National Advisory Council on the administration and + assessment of grant programs administered by the + Department, including with respect to the development + of program guidance and the development and evaluation + of risk-assessment methodologies, as appropriate. + (c) Membership.-- + (1) In general.--The members of the National + Advisory Council shall be appointed by the + Administrator, and shall, to the extent practicable, + represent a geographic (including urban and rural) and + substantive cross section of officials, emergency + managers, and emergency response providers from State, + local, and tribal governments, the private sector, and + nongovernmental organizations, including as + appropriate-- + (A) members selected from the emergency + management field and emergency response + providers, including fire service, law + enforcement, hazardous materials response, + emergency medical services, and emergency + management personnel, or organizations + representing such individuals; + (B) health scientists, emergency and + inpatient medical providers, and public health + professionals; + (C) experts from Federal, State, local, and + tribal governments, and the private sector, + representing standards-setting and accrediting + organizations, including representatives from + the voluntary consensus codes and standards + development community, particularly those with + expertise in the emergency preparedness and + response field; + (D) State, local, and tribal government + officials with expertise in preparedness, + protection, response, recovery, and mitigation, + including Adjutants General; + (E) elected State, local, and tribal + government executives; + (F) experts in public and private sector + infrastructure protection, cybersecurity, and + communications; + (G) representatives of individuals with + disabilities and other populations with special + needs; and + (H) such other individuals as the + Administrator determines to be appropriate. + (2) Coordination with the departments of health and + human services and transportation.--In the selection of + members of the National Advisory Council who are health + or emergency medical services professionals, the + Administrator shall work with the Secretary of Health + and Human Services and the Secretary of Transportation. + (3) Ex officio members.--The Administrator shall + designate 1 or more officers of the Federal Government + to serve as ex officio members of the National Advisory + Council. + (4) Terms of office.-- + (A) In general.--Except as provided in + subparagraph (B), the term of office of each + member of the National Advisory Council shall + be 3 years. + (B) Initial appointments.--Of the members + initially appointed to the National Advisory + Council-- + (i) one-third shall be appointed + for a term of 1 year; and + (ii) one-third shall be appointed + for a term of 2 years. + (d) Applicability of Federal Advisory Committee Act.-- + (1) In general.--Notwithstanding section 871(a) and + subject to paragraph (2), the Federal Advisory + Committee Act (5 U.S.C. App.), including subsections + (a), (b), and (d) of section 10 of such Act, and + section 552b(c) of title 5, United States Code, shall + apply to the National Advisory Council. + (2) Termination.--Section 14(a)(2) of the Federal + Advisory Committee Act (5 U.S.C. App.) shall not apply + to the National Advisory Council. + +SEC. 509. [6 U.S.C. 319] NATIONAL INTEGRATION CENTER. + + (a) In General.--There is established in the Agency a +National Integration Center. + (b) Responsibilities.-- + (1) In general.--The Administrator, through the + National Integration Center, and in consultation with + other Federal departments and agencies and the National + Advisory Council, shall ensure ongoing management and + maintenance of the National Incident Management System, + the National Response Plan, and any successor to such + system or plan. + (2) Specific responsibilities.--The National + Integration Center shall periodically review, and + revise as appropriate, the National Incident Management + System and the National Response Plan, including-- + (A) establishing, in consultation with the + Director of the Corporation for National and + Community Service, a process to better use + volunteers and donations; + (B) improving the use of Federal, State, + local, and tribal resources and ensuring the + effective use of emergency response providers + at emergency scenes; and + (C) revising the Catastrophic Incident + Annex, finalizing and releasing the + Catastrophic Incident Supplement to the + National Response Plan, and ensuring that both + effectively address response requirements in + the event of a catastrophic incident. + (c) Incident Management.-- + (1) In general.-- + (A) National response plan.--The Secretary, + acting through the Administrator, shall ensure + that the National Response Plan provides for a + clear chain of command to lead and coordinate + the Federal response to any natural disaster, + act of terrorism, or other man-made disaster. + (B) Administrator.--The chain of the + command specified in the National Response Plan + shall-- + (i) provide for a role for the + Administrator consistent with the role + of the Administrator as the principal + emergency management advisor to the + President, the Homeland Security + Council, and the Secretary under + section 503(c)(4) and the + responsibility of the Administrator + under the Post-Katrina Emergency + Management Reform Act of 2006, and the + amendments made by that Act, relating + to natural disasters, acts of + terrorism, and other man-made + disasters; and + (ii) provide for a role for the + Federal Coordinating Officer consistent + with the responsibilities under section + 302(b) of the Robert T. Stafford + Disaster Relief and Emergency + Assistance Act (42 U.S.C. 5143(b)). + (2) Principal federal official.--The Principal + Federal Official (or the successor thereto) shall not-- + (A) direct or replace the incident command + structure established at the incident; or + (B) have directive authority over the + Senior Federal Law Enforcement Official, + Federal Coordinating Officer, or other Federal + and State officials. + +SEC. 510. [6 U.S.C. 320] CREDENTIALING AND TYPING. + + (a) In General.--The Administrator shall enter into a +memorandum of understanding with the administrators of the +Emergency Management Assistance Compact, State, local, and +tribal governments, and organizations that represent emergency +response providers, to collaborate on developing standards for +deployment capabilities, including for credentialing and typing +of incident management personnel, emergency response providers, +and other personnel (including temporary personnel) and +resources likely needed to respond to natural disasters, acts +of terrorism, and other man-made disasters. + (b) Distribution.-- + (1) In general.--Not later than 1 year after the + date of enactment of the Implementing Recommendations + of the 9/11 Commission Act of 2007, the Administrator + shall provide the standards developed under subsection + (a), including detailed written guidance, to-- + (A) each Federal agency that has + responsibilities under the National Response + Plan to aid that agency with credentialing and + typing incident management personnel, emergency + response providers, and other personnel + (including temporary personnel) and resources + likely needed to respond to a natural disaster, + act of terrorism, or other man-made disaster; + and + (B) State, local, and tribal governments, + to aid such governments with credentialing and + typing of State, local, and tribal incident + management personnel, emergency response + providers, and other personnel (including + temporary personnel) and resources likely + needed to respond to a natural disaster, act of + terrorism, or other man-made disaster. + (2) Assistance.--The Administrator shall provide + expertise and technical assistance to aid Federal, + State, local, and tribal government agencies with + credentialing and typing incident management personnel, + emergency response providers, and other personnel + (including temporary personnel) and resources likely + needed to respond to a natural disaster, act of + terrorism, or other man-made disaster. + (c) Credentialing and Typing of Personnel.--Not later than +6 months after receiving the standards provided under +subsection (b), each Federal agency with responsibilities under +the National Response Plan shall ensure that incident +management personnel, emergency response providers, and other +personnel (including temporary personnel) and resources likely +needed to respond to a natural disaster, act of terrorism, or +other manmade disaster are credentialed and typed in accordance +with this section. + (d) Consultation on Health Care Standards.--In developing +standards for credentialing health care professionals under +this section, the Administrator shall consult with the +Secretary of Health and Human Services. + +SEC. 511. [6 U.S.C. 321] THE NATIONAL INFRASTRUCTURE SIMULATION AND + ANALYSIS CENTER. + + (a) Definition.--In this section, the term ``National +Infrastructure Simulation and Analysis Center'' means the +National Infrastructure Simulation and Analysis Center +established under section 1016(d) of the USA PATRIOT Act (42 +U.S.C. 5195c(d)). + (b) Authority.-- + (1) In general.--There is in the Department the + National Infrastructure Simulation and Analysis Center + which shall serve as a source of national expertise to + address critical infrastructure protection and + continuity through support for activities related to-- + (A) counterterrorism, threat assessment, + and risk mitigation; and + (B) a natural disaster, act of terrorism, + or other man-made disaster. + (2) Infrastructure modeling.-- + (A) Particular support.--The support + provided under paragraph (1) shall include + modeling, simulation, and analysis of the + systems and assets comprising critical + infrastructure, in order to enhance + preparedness, protection, response, recovery, + and mitigation activities. + (B) Relationship with other agencies.--Each + Federal agency and department with critical + infrastructure responsibilities under Homeland + Security Presidential Directive 7, or any + successor to such directive, shall establish a + formal relationship, including an agreement + regarding information sharing, between the + elements of such agency or department and the + National Infrastructure Simulation and Analysis + Center, through the Department. + (C) Purpose.-- + (i) In general.--The purpose of the + relationship under subparagraph (B) + shall be to permit each Federal agency + and department described in + subparagraph (B) to take full advantage + of the capabilities of the National + Infrastructure Simulation and Analysis + Center (particularly vulnerability and + consequence analysis), consistent with + its work load capacity and priorities, + for real-time response to reported and + projected natural disasters, acts of + terrorism, and other man-made + disasters. + (ii) Recipient of certain + support.--Modeling, simulation, and + analysis provided under this subsection + shall be provided to relevant Federal + agencies and departments, including + Federal agencies and departments with + critical infrastructure + responsibilities under Homeland + Security Presidential Directive 7, or + any successor to such directive. + +SEC. 512. [6 U.S.C. 321A] EVACUATION PLANS AND EXERCISES. + + (a) In General.--Notwithstanding any other provision of +law, and subject to subsection (d), grants made to States or +local or tribal governments by the Department through the State +Homeland Security Grant Program or the Urban Area Security +Initiative may be used to-- + (1) establish programs for the development and + maintenance of mass evacuation plans under subsection + (b) in the event of a natural disaster, act of + terrorism, or other man-made disaster; + (2) prepare for the execution of such plans, + including the development of evacuation routes and the + purchase and stockpiling of necessary supplies and + shelters; and + (3) conduct exercises of such plans. + (b) Plan Development.--In developing the mass evacuation +plans authorized under subsection (a), each State, local, or +tribal government shall, to the maximum extent practicable-- + (1) establish incident command and decision making + processes; + (2) ensure that State, local, and tribal government + plans, including evacuation routes, are coordinated and + integrated; + (3) identify primary and alternative evacuation + routes and methods to increase evacuation capabilities + along such routes such as conversion of two-way traffic + to one-way evacuation routes; + (4) identify evacuation transportation modes and + capabilities, including the use of mass and public + transit capabilities, and coordinating and integrating + evacuation plans for all populations including for + those individuals located in hospitals, nursing homes, + and other institutional living facilities; + (5) develop procedures for informing the public of + evacuation plans before and during an evacuation, + including individuals-- + (A) with disabilities or other special + needs, including the elderly; + (B) with limited English proficiency; or + (C) who might otherwise have difficulty in + obtaining such information; and + (6) identify shelter locations and capabilities. + (c) Assistance.-- + (1) In general.--The Administrator may establish + any guidelines, standards, or requirements determined + appropriate to administer this section and to ensure + effective mass evacuation planning for State, local, + and tribal areas. + (2) Requested assistance.--The Administrator shall + make assistance available upon request of a State, + local, or tribal government to assist hospitals, + nursing homes, and other institutions that house + individuals with special needs to establish, maintain, + and exercise mass evacuation plans that are coordinated + and integrated into the plans developed by that State, + local, or tribal government under this section. + (d) Multipurpose Funds.--Nothing in this section may be +construed to preclude a State, local, or tribal government from +using grant funds in a manner that enhances preparedness for a +natural or man-made disaster unrelated to an act of terrorism, +if such use assists such government in building capabilities +for terrorism preparedness. + +SEC. 513. [6 U.S.C. 321B] DISABILITY COORDINATOR. + + (a) In General.--After consultation with organizations +representing individuals with disabilities, the National +Council on Disabilities, and the Interagency Coordinating +Council on Preparedness and Individuals with Disabilities, +established under Executive Order No. 13347 (6 U.S.C. 312 +note), the Administrator shall appoint a Disability +Coordinator. The Disability Coordinator shall report directly +to the Administrator, in order to ensure that the needs of +individuals with disabilities are being properly addressed in +emergency preparedness and disaster relief. + (b) Responsibilities.--The Disability Coordinator shall be +responsible for-- + (1) providing guidance and coordination on matters + related to individuals with disabilities in emergency + planning requirements and relief efforts in the event + of a natural disaster, act of terrorism, or other man- + made disaster; + (2) interacting with the staff of the Agency, the + National Council on Disabilities, the Interagency + Coordinating Council on Preparedness and Individuals + with Disabilities established under Executive Order No. + 13347 (6 U.S.C. 312 note), other agencies of the + Federal Government, and State, local, and tribal + government authorities regarding the needs of + individuals with disabilities in emergency planning + requirements and relief efforts in the event of a + natural disaster, act of terrorism, or other man-made + disaster; + (3) consulting with organizations that represent + the interests and rights of individuals with + disabilities about the needs of individuals with + disabilities in emergency planning requirements and + relief efforts in the event of a natural disaster, act + of terrorism, or other man-made disaster; + (4) ensuring the coordination and dissemination of + best practices and model evacuation plans for + individuals with disabilities; + (5) ensuring the development of training materials + and a curriculum for training of emergency response + providers, State, local, and tribal government + officials, and others on the needs of individuals with + disabilities; + (6) promoting the accessibility of telephone + hotlines and websites regarding emergency preparedness, + evacuations, and disaster relief; + (7) working to ensure that video programming + distributors, including broadcasters, cable operators, + and satellite television services, make emergency + information accessible to individuals with hearing and + vision disabilities; + (8) ensuring the availability of accessible + transportation options for individuals with + disabilities in the event of an evacuation; + (9) providing guidance and implementing policies to + ensure that the rights and wishes of individuals with + disabilities regarding post-evacuation residency and + relocation are respected; + (10) ensuring that meeting the needs of individuals + with disabilities are included in the components of the + national preparedness system established under section + 644 of the Post-Katrina Emergency Management Reform Act + of 2006; and + (11) any other duties as assigned by the + Administrator. + +SEC. 514. [6 U.S.C. 321C] DEPARTMENT AND AGENCY OFFICIALS. + + (a) Deputy Administrators.--The President may appoint, by +and with the advice and consent of the Senate, not more than 4 +Deputy Administrators to assist the Administrator in carrying +out this title. + (b) Cybersecurity and Communications.--There is in the +Department an Assistant Secretary for Cybersecurity and +Communications. + (c) United States Fire Administration.--The Administrator +of the United States Fire Administration shall have a rank +equivalent to an assistant secretary of the Department. + +SEC. 515. [6 U.S.C. 321D] NATIONAL OPERATIONS CENTER. + + (a) Definition.--In this section, the term ``situational +awareness'' means information gathered from a variety of +sources that, when communicated to emergency managers and +decision makers, can form the basis for incident management +decisionmaking. + (b) Establishment.--The National Operations Center is the +principal operations center for the Department and shall-- + (1) provide situational awareness and a common + operating picture for the entire Federal Government, + and for State, local, and tribal governments as + appropriate, in the event of a natural disaster, act of + terrorism, or other man-made disaster; and + (2) ensure that critical terrorism and disaster- + related information reaches government decision-makers. + (c) State and Local Fire Service Representation.-- + (1) Establishment of position.--The Secretary + shall, in consultation with the Administrator of the + United States Fire Administration, establish a fire + service position at the National Operations Center + established under subsection (b) to ensure the + effective sharing of information between the Federal + Government and State and local fire services. + (2) Designation of position.--The Secretary shall + designate, on a rotating basis, a State or local fire + service official for the position described in + paragraph (1). + (3) Management.--The Secretary shall manage the + position established pursuant to paragraph (1) in + accordance with such rules, regulations, and practices + as govern other similar rotating positions at the + National Operations Center. + +SEC. 516. [6 U.S.C. 321E] CHIEF MEDICAL OFFICER. + + (a) In General.--There is in the Department a Chief Medical +Officer, who shall be appointed by the President, by and with +the advice and consent of the Senate. + (b) Qualifications.--The individual appointed as Chief +Medical Officer shall possess a demonstrated ability in and +knowledge of medicine and public health. + (c) Responsibilities.--The Chief Medical Officer shall have +the primary responsibility within the Department for medical +issues related to natural disasters, acts of terrorism, and +other man-made disasters, including-- + (1) serving as the principal advisor to the + Secretary and the Administrator on medical and public + health issues; + (2) coordinating the biodefense activities of the + Department; + (3) ensuring internal and external coordination of + all medical preparedness and response activities of the + Department, including training, exercises, and + equipment support; + (4) serving as the Department's primary point of + contact with the Department of Agriculture, the + Department of Defense, the Department of Health and + Human Services, the Department of Transportation, the + Department of Veterans Affairs, and other Federal + departments or agencies, on medical and public health + issues; + (5) serving as the Department's primary point of + contact for State, local, and tribal governments, the + medical community, and others within and outside the + Department, with respect to medical and public health + matters; + (6) discharging, in coordination with the Under + Secretary for Science and Technology, the + responsibilities of the Department related to Project + Bioshield; and + (7) performing such other duties relating to such + responsibilities as the Secretary may require. + +SEC. 517. [6 U.S.C. 321F] NUCLEAR INCIDENT RESPONSE. + + (a) In General.--At the direction of the Secretary (in +connection with an actual or threatened terrorist attack, major +disaster, or other emergency in the United States), the Nuclear +Incident Response Team shall operate as an organizational unit +of the Department. While so operating, the Nuclear Incident +Response Team shall be subject to the direction, authority, and +control of the Secretary. + (b) Rule of Construction.--Nothing in this title shall be +construed to limit the ordinary responsibility of the Secretary +of Energy and the Administrator of the Environmental Protection +Agency for organizing, training, equipping, and utilizing their +respective entities in the Nuclear Incident Response Team, or +(subject to the provisions of this title) from exercising +direction, authority, and control over them when they are not +operating as a unit of the Department. + +SEC. 518. [6 U.S.C. 321G] CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED + ACTIVITIES. + + (a) In General.--With respect to all public health-related +activities to improve State, local, and hospital preparedness +and response to chemical, biological, radiological, and nuclear +and other emerging terrorist threats carried out by the +Department of Health and Human Services (including the Public +Health Service), the Secretary of Health and Human Services +shall set priorities and preparedness goals and further develop +a coordinated strategy for such activities in collaboration +with the Secretary. + (b) Evaluation of Progress.--In carrying out subsection +(a), the Secretary of Health and Human Services shall +collaborate with the Secretary in developing specific +benchmarks and outcome measurements for evaluating progress +toward achieving the priorities and goals described in such +subsection. + +SEC. 519. [6 U.S.C. 321H] USE OF NATIONAL PRIVATE SECTOR NETWORKS IN + EMERGENCY RESPONSE. + + To the maximum extent practicable, the Secretary shall use +national private sector networks and infrastructure for +emergency response to chemical, biological, radiological, +nuclear, or explosive disasters, and other major disasters. + +SEC. 520. [6 U.S.C. 321I] USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, + GOODS, AND SERVICES. + + It is the sense of Congress that-- + (1) the Secretary should, to the maximum extent + possible, use off-the-shelf commercially developed + technologies to ensure that the Department's + information technology systems allow the Department to + collect, manage, share, analyze, and disseminate + information securely over multiple channels of + communication; and + (2) in order to further the policy of the United + States to avoid competing commercially with the private + sector, the Secretary should rely on commercial sources + to supply the goods and services needed by the + Department. + +SEC. 521. [6 U.S.C. 321J] PROCUREMENT OF SECURITY COUNTERMEASURES FOR + STRATEGIC NATIONAL STOCKPILE. + + (a) Authorization of Appropriations.--For the procurement +of security countermeasures under section 319F-2(c) of the +Public Health Service Act (referred to in this section as the +``security countermeasures program''), there is authorized to +be appropriated up to $5,593,000,000 for the fiscal years 2004 +through 2013. Of the amounts appropriated under the preceding +sentence, not to exceed $3,418,000,000 may be obligated during +the fiscal years 2004 through 2008, of which not to exceed +$890,000,000 may be obligated during fiscal year 2004. None of +the funds made available under this subsection shall be used to +procure countermeasures to diagnose, mitigate, prevent, or +treat harm resulting from any naturally occurring infectious +disease or other public health threat that are not security +countermeasures under section 319F-2(c)(1)(B). \1\ +--------------------------------------------------------------------------- + \1\ The last sentence in section 521(a) was added to reflect the +probable intent of Congress. Section 403(c) of Public Law 109-417 (120 +Stat. 2874) provides as follows: + + (c) Limitation on Use of Funds.--Section 510(a) of the Homeland +Security Act of 2002 (6 U.S.C. 320(a)) is amended by adding at the end +the following: ``None of the funds made available under this subsection +shall be used to procure countermeasures to diagnose, mitigate, +prevent, or treat harm resulting from any naturally occurring +infectious disease or other public health threat that are not security +countermeasures under section 319F-2(c)(1)(B).''. + + Section 510 of the Homeland Security Act of 2002 was redesignated +as section 521 by section 611(7) of Public Law 109-295 (120 Stat. +1395). +--------------------------------------------------------------------------- + (b) Special Reserve Fund.--For purposes of the security +countermeasures program, the term ``special reserve fund'' +means the ``Biodefense Countermeasures'' appropriations account +or any other appropriation made under subsection (a). + (c) Availability.--Amounts appropriated under subsection +(a) become available for a procurement under the security +countermeasures program only upon the approval by the President +of such availability for the procurement in accordance with +paragraph (6)(B) of such program. + (d) Related Authorizations of Appropriations.-- + (1) Threat assessment capabilities.--For the + purpose of carrying out the responsibilities of the + Secretary for terror threat assessment under the + security countermeasures program, there are authorized + to be appropriated such sums as may be necessary for + each of the fiscal years 2004 through 2006, for the + hiring of professional personnel within the Office of + Intelligence and Analysis, who shall be analysts + responsible for chemical, biological, radiological, and + nuclear threat assessment (including but not limited to + analysis of chemical, biological, radiological, and + nuclear agents, the means by which such agents could be + weaponized or used in a terrorist attack, and the + capabilities, plans, and intentions of terrorists and + other non-state actors who may have or acquire such + agents). All such analysts shall meet the applicable + standards and qualifications for the performance of + intelligence activities promulgated by the Director of + Central Intelligence pursuant to section 104 of the + National Security Act of 1947. + (2) Intelligence sharing infrastructure.--For the + purpose of carrying out the acquisition and deployment + of secure facilities (including information technology + and physical infrastructure, whether mobile and + temporary, or permanent) sufficient to permit the + Secretary to receive, not later than 180 days after the + date of enactment of the Project BioShield Act of 2004, + all classified information and products to which the + Under Secretary for Intelligence and Analysis is + entitled under subtitle A of title II, there are + authorized to be appropriated such sums as may be + necessary for each of the fiscal years 2004 through + 2006. + +SEC. 522. [6 U.S.C. 321K] MODEL STANDARDS AND GUIDELINES FOR CRITICAL + INFRASTRUCTURE WORKERS. + + (a) In General.--Not later than 12 months after the date of +enactment of the Implementing Recommendations of the 9/11 +Commission Act of 2007, and in coordination with appropriate +national professional organizations, Federal, State, local, and +tribal government agencies, and private-sector and +nongovernmental entities, the Administrator shall establish +model standards and guidelines for credentialing critical +infrastructure workers that may be used by a State to +credential critical infrastructure workers that may respond to +a natural disaster, act of terrorism, or other man-made +disaster. + (b) Distribution and Assistance.--The Administrator shall +provide the standards developed under subsection (a), including +detailed written guidance, to State, local, and tribal +governments, and provide expertise and technical assistance to +aid such governments with credentialing critical infrastructure +workers that may respond to a natural disaster, act of +terrorism, or other manmade disaster. + +SEC. 523. [6 U.S.C. 321L] GUIDANCE AND RECOMMENDATIONS. + + (a) In General.--Consistent with their responsibilities and +authorities under law, as of the day before the date of the +enactment of this section, the Administrator and the Assistant +Secretary for Infrastructure Protection, in consultation with +the private sector, may develop guidance or recommendations and +identify best practices to assist or foster action by the +private sector in-- + (1) identifying potential hazards and assessing + risks and impacts; + (2) mitigating the impact of a wide variety of + hazards, including weapons of mass destruction; + (3) managing necessary emergency preparedness and + response resources; + (4) developing mutual aid agreements; + (5) developing and maintaining emergency + preparedness and response plans, and associated + operational procedures; + (6) developing and conducting training and + exercises to support and evaluate emergency + preparedness and response plans and operational + procedures; + (7) developing and conducting training programs for + security guards to implement emergency preparedness and + response plans and operations procedures; and + (8) developing procedures to respond to requests + for information from the media or the public. + (b) Issuance and Promotion.--Any guidance or +recommendations developed or best practices identified under +subsection (a) shall be-- + (1) issued through the Administrator; and + (2) promoted by the Secretary to the private + sector. + (c) Small Business Concerns.--In developing guidance or +recommendations or identifying best practices under subsection +(a), the Administrator and the Assistant Secretary for +Infrastructure Protection shall take into consideration small +business concerns (under the meaning given that term in section +3 of the Small Business Act (15 U.S.C. 632)), including any +need for separate guidance or recommendations or best +practices, as necessary and appropriate. + (d) Rule of Construction.--Nothing in this section may be +construed to supersede any requirement established under any +other provision of law. + +SEC. 524. [6 U.S.C. 321M] VOLUNTARY PRIVATE SECTOR PREPAREDNESS + ACCREDITATION AND CERTIFICATION PROGRAM. + + (a) Establishment.-- + (1) In general.--The Secretary, acting through the + officer designated under paragraph (2), shall establish + and implement the voluntary private sector preparedness + accreditation and certification program in accordance + with this section. + (2) Designation of officer.--The Secretary shall + designate an officer responsible for the accreditation + and certification program under this section. Such + officer (hereinafter referred to in this section as the + ``designated officer'') shall be one of the following: + (A) The Administrator, based on + consideration of-- + (i) the expertise of the + Administrator in emergency management + and preparedness in the United States; + and + (ii) the responsibilities of the + Administrator as the principal advisor + to the President for all matters + relating to emergency management in the + United States. + (B) The Assistant Secretary for + Infrastructure Protection, based on + consideration of the expertise of the Assistant + Secretary in, and responsibilities for-- + (i) protection of critical + infrastructure; + (ii) risk assessment methodologies; + and + (iii) interacting with the private + sector on the issues described in + clauses (i) and (ii). + (C) The Under Secretary for Science and + Technology, based on consideration of the + expertise of the Under Secretary in, and + responsibilities associated with, standards. + (3) Coordination.--In carrying out the + accreditation and certification program under this + section, the designated officer shall coordinate with-- + (A) the other officers of the Department + referred to in paragraph (2), using the + expertise and responsibilities of such + officers; and + (B) the Special Assistant to the Secretary + for the Private Sector, based on consideration + of the expertise of the Special Assistant in, + and responsibilities for, interacting with the + private sector. + (b) Voluntary Private Sector Preparedness Standards; +Voluntary Accreditation and Certification Program for the +Private Sector.-- + (1) Accreditation and certification program.--Not + later than 210 days after the date of enactment of the + Implementing Recommendations of the 9/11 Commission Act + of 2007, the designated officer shall-- + (A) begin supporting the development and + updating, as necessary, of voluntary + preparedness standards through appropriate + organizations that coordinate or facilitate the + development and use of voluntary consensus + standards and voluntary consensus standards + development organizations; and + (B) in consultation with representatives of + appropriate organizations that coordinate or + facilitate the development and use of voluntary + consensus standards, appropriate voluntary + consensus standards development organizations, + each private sector advisory council created + under section 102(f)(4), appropriate + representatives of State and local governments, + including emergency management officials, and + appropriate private sector advisory groups, + such as sector coordinating councils and + information sharing and analysis centers-- + (i) develop and promote a program + to certify the preparedness of private + sector entities that voluntarily choose + to seek certification under the + program; and + (ii) implement the program under + this subsection through any entity with + which the designated officer enters + into an agreement under paragraph + (3)(A), which shall accredit third + parties to carry out the certification + process under this section. + (2) Program elements.-- + (A) In general.-- + (i) Program.--The program developed + and implemented under this subsection + shall assess whether a private sector + entity complies with voluntary + preparedness standards. + (ii) Guidelines.--In developing the + program under this subsection, the + designated officer shall develop + guidelines for the accreditation and + certification processes established + under this subsection. + (B) Standards.--The designated officer, in + consultation with representatives of + appropriate organizations that coordinate or + facilitate the development and use of voluntary + consensus standards, representatives of + appropriate voluntary consensus standards + development organizations, each private sector + advisory council created under section + 102(f)(4), appropriate representatives of State + and local governments, including emergency + management officials, and appropriate private + sector advisory groups such as sector + coordinating councils and information sharing + and analysis centers-- + (i) shall adopt one or more + appropriate voluntary preparedness + standards that promote preparedness, + which may be tailored to address the + unique nature of various sectors within + the private sector, as necessary and + appropriate, that shall be used in the + accreditation and certification program + under this subsection; and + (ii) after the adoption of one or + more standards under clause (i), may + adopt additional voluntary preparedness + standards or modify or discontinue the + use of voluntary preparedness standards + for the accreditation and certification + program, as necessary and appropriate + to promote preparedness. + (C) Submission of recommendations.--In + adopting one or more standards under + subparagraph (B), the designated officer may + receive recommendations from any entity + described in that subparagraph relating to + appropriate voluntary preparedness standards, + including appropriate sector specific + standards, for adoption in the program. + (D) Small business concerns.--The + designated officer and any entity with which + the designated officer enters into an agreement + under paragraph (3)(A) shall establish separate + classifications and methods of certification + for small business concerns (under the meaning + given that term in section 3 of the Small + Business Act (15 U.S.C. 632)) for the program + under this subsection. + (E) Considerations.--In developing and + implementing the program under this subsection, + the designated officer shall-- + (i) consider the unique nature of + various sectors within the private + sector, including preparedness + standards, business continuity + standards, or best practices, + established-- + (I) under any other + provision of Federal law; or + (II) by any sector-specific + agency, as defined under + Homeland Security Presidential + Directive-7; and + (ii) coordinate the program, as + appropriate, with-- + (I) other Department + private sector related + programs; and + (II) preparedness and + business continuity programs in + other Federal agencies. + (3) Accreditation and certification processes.-- + (A) Agreement.-- + (i) In general.--Not later than 210 + days after the date of enactment of the + Implementing Recommendations of the 9/ + 11 Commission Act of 2007, the + designated officer shall enter into one + or more agreements with a highly + qualified nongovernmental entity with + experience or expertise in coordinating + and facilitating the development and + use of voluntary consensus standards + and in managing or implementing + accreditation and certification + programs for voluntary consensus + standards, or a similarly qualified + private sector entity, to carry out + accreditations and oversee the + certification process under this + subsection. An entity entering into an + agreement with the designated officer + under this clause (hereinafter referred + to in this section as a ``selected + entity'') shall not perform + certifications under this subsection. + (ii) Contents.--A selected entity + shall manage the accreditation process + and oversee the certification process + in accordance with the program + established under this subsection and + accredit qualified third parties to + carry out the certification program + established under this subsection. + (B) Procedures and requirements for + accreditation and certification.-- + (i) In general.--Any selected + entity shall collaborate to develop + procedures and requirements for the + accreditation and certification + processes under this subsection, in + accordance with the program established + under this subsection and guidelines + developed under paragraph (2)(A)(ii). + (ii) Contents and use.--The + procedures and requirements developed + under clause (i) shall-- + (I) ensure reasonable + uniformity in any accreditation + and certification processes if + there is more than one selected + entity; and + (II) be used by any + selected entity in conducting + accreditations and overseeing + the certification process under + this subsection. + (iii) Disagreement.--Any + disagreement among selected entities in + developing procedures under clause (i) + shall be resolved by the designated + officer. + (C) Designation.--A selected entity may + accredit any qualified third party to carry out + the certification process under this + subsection. + (D) Disadvantaged business involvement.--In + accrediting qualified third parties to carry + out the certification process under this + subsection, a selected entity shall ensure, to + the extent practicable, that the third parties + include qualified small, minority, women-owned, + or disadvantaged business concerns when + appropriate. The term ``disadvantaged business + concern'' means a small business that is owned + and controlled by socially and economically + disadvantaged individuals, as defined in + section 124 of title 13, United States Code of + Federal Regulations. + (E) Treatment of other certifications.--At + the request of any entity seeking + certification, any selected entity may + consider, as appropriate, other relevant + certifications acquired by the entity seeking + certification. If the selected entity + determines that such other certifications are + sufficient to meet the certification + requirement or aspects of the certification + requirement under this section, the selected + entity may give credit to the entity seeking + certification, as appropriate, to avoid + unnecessarily duplicative certification + requirements. + (F) Third parties.--To be accredited under + subparagraph (C), a third party shall-- + (i) demonstrate that the third + party has the ability to certify + private sector entities in accordance + with the procedures and requirements + developed under subparagraph (B); + (ii) agree to perform + certifications in accordance with such + procedures and requirements; + (iii) agree not to have any + beneficial interest in or any direct or + indirect control over-- + (I) a private sector entity + for which that third party + conducts a certification under + this subsection; or + (II) any organization that + provides preparedness + consulting services to private + sector entities; + (iv) agree not to have any other + conflict of interest with respect to + any private sector entity for which + that third party conducts a + certification under this subsection; + (v) maintain liability insurance + coverage at policy limits in accordance + with the requirements developed under + subparagraph (B); and + (vi) enter into an agreement with + the selected entity accrediting that + third party to protect any proprietary + information of a private sector entity + obtained under this subsection. + (G) Monitoring.-- + (i) In general.--The designated + officer and any selected entity shall + regularly monitor and inspect the + operations of any third party + conducting certifications under this + subsection to ensure that the third + party is complying with the procedures + and requirements established under + subparagraph (B) and all other + applicable requirements. + (ii) Revocation.--If the designated + officer or any selected entity + determines that a third party is not + meeting the procedures or requirements + established under subparagraph (B), the + selected entity shall-- + (I) revoke the + accreditation of that third + party to conduct certifications + under this subsection; and + (II) review any + certification conducted by that + third party, as necessary and + appropriate. + (4) Annual review.-- + (A) In general.--The designated officer, in + consultation with representatives of + appropriate organizations that coordinate or + facilitate the development and use of voluntary + consensus standards, appropriate voluntary + consensus standards development organizations, + appropriate representatives of State and local + governments, including emergency management + officials, and each private sector advisory + council created under section 102(f)(4), shall + annually review the voluntary accreditation and + certification program established under this + subsection to ensure the effectiveness of such + program (including the operations and + management of such program by any selected + entity and the selected entity's inclusion of + qualified disadvantaged business concerns under + paragraph (3)(D)) and make improvements and + adjustments to the program as necessary and + appropriate. + (B) Review of standards.--Each review under + subparagraph (A) shall include an assessment of + the voluntary preparedness standard or + standards used in the program under this + subsection. + (5) Voluntary participation.--Certification under + this subsection shall be voluntary for any private + sector entity. + (6) Public listing.--The designated officer shall + maintain and make public a listing of any private + sector entity certified as being in compliance with the + program established under this subsection, if that + private sector entity consents to such listing. + (c) Rule of Construction.--Nothing in this section may be +construed as-- + (1) a requirement to replace any preparedness, + emergency response, or business continuity standards, + requirements, or best practices established-- + (A) under any other provision of federal + law; or + (B) by any sector-specific agency, as those + agencies are defined under Homeland Security + Presidential Directive-7; or + (2) exempting any private sector entity seeking + certification or meeting certification requirements + under subsection (b) from compliance with all + applicable statutes, regulations, directives, policies, + and industry codes of practice. + + TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED + FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS + +SEC. 601. [6 U.S.C. 331] TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF + THE ARMED FORCES OF THE UNITED STATES AND OTHER + GOVERNMENTAL ORGANIZATIONS. + + (a) Findings.--Congress finds the following: + (1) Members of the Armed Forces of the United + States defend the freedom and security of our Nation. + (2) Members of the Armed Forces of the United + States have lost their lives while battling the evils + of terrorism around the world. + (3) Personnel of the Central Intelligence Agency + (CIA) charged with the responsibility of covert + observation of terrorists around the world are often + put in harm's way during their service to the United + States. + (4) Personnel of the Central Intelligence Agency + have also lost their lives while battling the evils of + terrorism around the world. + (5) Employees of the Federal Bureau of + Investigation (FBI) and other Federal agencies charged + with domestic protection of the United States put their + lives at risk on a daily basis for the freedom and + security of our Nation. + (6) United States military personnel, CIA + personnel, FBI personnel, and other Federal agents in + the service of the United States are patriots of the + highest order. + (7) CIA officer Johnny Micheal Spann became the + first American to give his life for his country in the + War on Terrorism declared by President George W. Bush + following the terrorist attacks of September 11, 2001. + (8) Johnny Micheal Spann left behind a wife and + children who are very proud of the heroic actions of + their patriot father. + (9) Surviving dependents of members of the Armed + Forces of the United States who lose their lives as a + result of terrorist attacks or military operations + abroad receive a $6,000 death benefit, plus a small + monthly benefit. + (10) The current system of compensating spouses and + children of American patriots is inequitable and needs + improvement. + (b) Designation of Johnny Micheal Spann Patriot Trusts.-- +Any charitable corporation, fund, foundation, or trust (or +separate fund or account thereof) which otherwise meets all +applicable requirements under law with respect to charitable +entities and meets the requirements described in subsection (c) +shall be eligible to characterize itself as a ``Johnny Micheal +Spann Patriot Trust''. + (c) Requirements for the Designation of Johnny Micheal +Spann Patriot Trusts.--The requirements described in this +subsection are as follows: + (1) Not taking into account funds or donations + reasonably necessary to establish a trust, at least 85 + percent of all funds or donations (including any + earnings on the investment of such funds or donations) + received or collected by any Johnny Micheal Spann + Patriot Trust must be distributed to (or, if placed in + a private foundation, held in trust for) surviving + spouses, children, or dependent parents, grandparents, + or siblings of 1 or more of the following: + (A) members of the Armed Forces of the + United States; + (B) personnel, including contractors, of + elements of the intelligence community, as + defined in section 3(4) of the National + Security Act of 1947; + (C) employees of the Federal Bureau of + Investigation; and + (D) officers, employees, or contract + employees of the United States Government, + whose deaths occur in the line of duty and arise out of + terrorist attacks, military operations, intelligence + operations, or law enforcement operations or accidents + connected with activities occurring after September 11, + 2001, and related to domestic or foreign efforts to + curb international terrorism, including the + Authorization for Use of Military Force (Public Law + 107-40; 115 Stat. 224). + (2) Other than funds or donations reasonably + necessary to establish a trust, not more than 15 + percent of all funds or donations (or 15 percent of + annual earnings on funds invested in a private + foundation) may be used for administrative purposes. + (3) No part of the net earnings of any Johnny + Micheal Spann Patriot Trust may inure to the benefit of + any individual based solely on the position of such + individual as a shareholder, an officer or employee of + such Trust. + (4) None of the activities of any Johnny Micheal + Spann Patriot Trust shall be conducted in a manner + inconsistent with any law that prohibits attempting to + influence legislation. + (5) No Johnny Micheal Spann Patriot Trust may + participate in or intervene in any political campaign + on behalf of (or in opposition to) any candidate for + public office, including by publication or distribution + of statements. + (6) Each Johnny Micheal Spann Patriot Trust shall + comply with the instructions and directions of the + Director of Central Intelligence, the Attorney General, + or the Secretary of Defense relating to the protection + of intelligence sources and methods, sensitive law + enforcement information, or other sensitive national + security information, including methods for + confidentially disbursing funds. + (7) Each Johnny Micheal Spann Patriot Trust that + receives annual contributions totaling more than + $1,000,000 must be audited annually by an independent + certified public accounting firm. Such audits shall be + filed with the Internal Revenue Service, and shall be + open to public inspection, except that the conduct, + filing, and availability of the audit shall be + consistent with the protection of intelligence sources + and methods, of sensitive law enforcement information, + and of other sensitive national security information. + (8) Each Johnny Micheal Spann Patriot Trust shall + make distributions to beneficiaries described in + paragraph (1) at least once every calendar year, + beginning not later than 12 months after the formation + of such Trust, and all funds and donations received and + earnings not placed in a private foundation dedicated + to such beneficiaries must be distributed within 36 + months after the end of the fiscal year in which such + funds, donations, and earnings are received. + (9)(A) When determining the amount of a + distribution to any beneficiary described in paragraph + (1), a Johnny Micheal Spann Patriot Trust should take + into account the amount of any collateral source + compensation that the beneficiary has received or is + entitled to receive as a result of the death of an + individual described in paragraph (1). + (B) Collateral source compensation includes all + compensation from collateral sources, including life + insurance, pension funds, death benefit programs, and + payments by Federal, State, or local governments + related to the death of an individual described in + paragraph (1). + (d) Treatment of Johnny Micheal Spann Patriot Trusts.--Each +Johnny Micheal Spann Patriot Trust shall refrain from +conducting the activities described in clauses (i) and (ii) of +section 301(20)(A) of the Federal Election Campaign Act of 1971 +so that a general solicitation of funds by an individual +described in paragraph (1) of section 323(e) of such Act will +be permissible if such solicitation meets the requirements of +paragraph (4)(A) of such section. + (e) Notification of Trust Beneficiaries.--Notwithstanding +any other provision of law, and in a manner consistent with the +protection of intelligence sources and methods and sensitive +law enforcement information, and other sensitive national +security information, the Secretary of Defense, the Director of +the Federal Bureau of Investigation, or the Director of Central +Intelligence, or their designees, as applicable, may forward +information received from an executor, administrator, or other +legal representative of the estate of a decedent described in +subparagraph (A), (B), (C), or (D) of subsection (c)(1), to a +Johnny Micheal Spann Patriot Trust on how to contact +individuals eligible for a distribution under subsection (c)(1) +for the purpose of providing assistance from such Trust: +Provided, That, neither forwarding nor failing to forward any +information under this subsection shall create any cause of +action against any Federal department, agency, officer, agent, +or employee. + (f) Regulations.--Not later than 90 days after the date of +enactment of this Act, the Secretary of Defense, in +coordination with the Attorney General, the Director of the +Federal Bureau of Investigation, and the Director of Central +Intelligence, shall prescribe regulations to carry out this +section. + + TITLE VII--MANAGEMENT + +SEC. 701. [6 U.S.C. 341] UNDER SECRETARY FOR MANAGEMENT. + + (a) In General.--The Under Secretary for Management shall +serve as the Chief Management Officer and principal advisor to +the Secretary on matters related to the management of the +Department, including management integration and transformation +in support of homeland security operations and programs. The +Secretary, acting through the Under Secretary for Management, +shall be responsible for the management and administration of +the Department, including the following: + (1) The budget, appropriations, expenditures of + funds, accounting, and finance. + (2) Procurement. + (3) Human resources and personnel. + (4) Information technology and communications + systems. + (5) Facilities, property, equipment, and other + material resources. + (6) Security for personnel, information technology + and communications systems, facilities, property, + equipment, and other material resources. + (7) Strategic management planning and annual + performance planning and identification and tracking of + performance measures relating to the responsibilities + of the Department. + (8) Grants and other assistance management + programs. + (9) The management integration and transformation + process, as well as the transition process, to ensure + an efficient and orderly consolidation of functions and + personnel in the Department and transition, including-- + (A) the development of a management + integration strategy for the Department, and + (B) before December 1 of any year in which + a Presidential election is held, the + development of a transition and succession + plan, to be made available to the incoming + Secretary and Under Secretary for Management, + to guide the transition of management functions + to a new Administration. + (10) The conduct of internal audits and management + analyses of the programs and activities of the + Department. + (11) Any other management duties that the Secretary + may designate. + (b) Immigration.-- + (1) In general.--In addition to the + responsibilities described in subsection (a), the Under + Secretary for Management shall be responsible for the + following: + (A) Maintenance of all immigration + statistical information of the Bureau of Border + Security and the Bureau of Citizenship and + Immigration Services. Such statistical + information shall include information and + statistics of the type contained in the + publication entitled ``Statistical Yearbook of + the Immigration and Naturalization Service'' + prepared by the Immigration and Naturalization + Service (as in effect immediately before the + date on which the transfer of functions + specified under section 441 takes effect), + including region-by-region statistics on the + aggregate number of applications and petitions + filed by an alien (or filed on behalf of an + alien) and denied by such bureau, and the + reasons for such denials, disaggregated by + category of denial and application or petition + type. + (B) Establishment of standards of + reliability and validity for immigration + statistics collected by such bureaus. + (2) Transfer of functions.--In accordance with + title XV, there shall be transferred to the Under + Secretary for Management all functions performed + immediately before such transfer occurs by the + Statistics Branch of the Office of Policy and Planning + of the Immigration and Naturalization Service with + respect to the following programs: + (A) The Border Patrol program. + (B) The detention and removal program. + (C) The intelligence program. + (D) The investigations program. + (E) The inspections program. + (F) Adjudication of immigrant visa + petitions. + (G) Adjudication of naturalization + petitions. + (H) Adjudication of asylum and refugee + applications. + (I) Adjudications performed at service + centers. + (J) All other adjudications performed by + the Immigration and Naturalization Service. + (c) Appointment and Evaluation.--The Under Secretary for +Management shall-- + (1) be appointed by the President, by and with the + advice and consent of the Senate, from among persons + who have-- + (A) extensive executive level leadership + and management experience in the public or + private sector; + (B) strong leadership skills; + (C) a demonstrated ability to manage large + and complex organizations; and + (D) a proven record in achieving positive + operational results; + (2) enter into an annual performance agreement with + the Secretary that shall set forth measurable + individual and organizational goals; and + (3) be subject to an annual performance evaluation + by the Secretary, who shall determine as part of each + such evaluation whether the Under Secretary for + Management has made satisfactory progress toward + achieving the goals set out in the performance + agreement required under paragraph (2). + +SEC. 702. [6 U.S.C. 342] CHIEF FINANCIAL OFFICER. + + (a) In General.--The Chief Financial Officer shall perform +functions as specified in chapter 9 of title 31, United States +Code, and, with respect to all such functions and other +responsibilities that may be assigned to the Chief Financial +Officer from time to time, shall also report to the Under +Secretary for Management. + (b) Program Analysis and Evaluation Function.-- + (1) Establishment of office of program analysis and + evaluation.--Not later than 90 days after the date of + enactment of this subsection, the Secretary shall + establish an Office of Program Analysis and Evaluation + within the Department (in this section referred to as + the ``Office''). + (2) Responsibilities.--The Office shall perform the + following functions: + (A) Analyze and evaluate plans, programs, + and budgets of the Department in relation to + United States homeland security objectives, + projected threats, vulnerability assessments, + estimated costs, resource constraints, and the + most recent homeland security strategy + developed pursuant to section 874(b)(2). + (B) Develop and perform analyses and + evaluations of alternative plans, programs, + personnel levels, and budget submissions for + the Department in relation to United States + homeland security objectives, projected + threats, vulnerability assessments, estimated + costs, resource constraints, and the most + recent homeland security strategy developed + pursuant to section 874(b)(2). + (C) Establish policies for, and oversee the + integration of, the planning, programming, and + budgeting system of the Department. + (D) Review and ensure that the Department + meets performance-based budget requirements + established by the Office of Management and + Budget. + (E) Provide guidance for, and oversee the + development of, the Future Years Homeland + Security Program of the Department, as + specified under section 874. + (F) Ensure that the costs of Department + programs, including classified programs, are + presented accurately and completely. + (G) Oversee the preparation of the annual + performance plan for the Department and the + program and performance section of the annual + report on program performance for the + Department, consistent with sections 1115 and + 1116, respectively, of title 31, United States + Code. + (H) Provide leadership in developing and + promoting improved analytical tools and methods + for analyzing homeland security planning and + the allocation of resources. + (I) Any other responsibilities delegated by + the Secretary consistent with an effective + program analysis and evaluation function. + (3) Director of program analysis and evaluation.-- + There shall be a Director of Program Analysis and + Evaluation, who-- + (A) shall be a principal staff assistant to + the Chief Financial Officer of the Department + for program analysis and evaluation; and + (B) shall report to an official no lower + than the Chief Financial Officer. + (4) Reorganization.-- + (A) In general.--The Secretary may allocate + or reallocate the functions of the Office, or + discontinue the Office, in accordance with + section 872(a). + (B) Exemption from limitations.--Section + 872(b) shall not apply to any action by the + Secretary under this paragraph. + (c) Notification Regarding Transfer or Reprogramming of +Funds.--In any case in which appropriations available to the +Department or any officer of the Department are transferred or +reprogrammed and notice of such transfer or reprogramming is +submitted to the Congress (including any officer, office, or +Committee of the Congress), the Chief Financial Officer of the +Department shall simultaneously submit such notice to the +Select Committee on Homeland Security (or any successor to the +jurisdiction of that committee) and the Committee on Government +Reform of the House of Representatives, and to the Committee on +Governmental Affairs of the Senate. + +SEC. 703. [6 U.S.C. 343] CHIEF INFORMATION OFFICER. + + (a) In General.--The Chief Information Officer shall report +to the Secretary, or to another official of the Department, as +the Secretary may direct. + (b) Geospatial Information Functions.-- + (1) Definitions.--As used in this subsection: + (A) Geospatial information.--The term + ``geospatial information'' means graphical or + digital data depicting natural or manmade + physical features, phenomena, or boundaries of + the earth and any information related thereto, + including surveys, maps, charts, remote sensing + data, and images. + (B) Geospatial technology.--The term + ``geospatial technology'' means any technology + utilized by analysts, specialists, surveyors, + photogrammetrists, hydrographers, geodesists, + cartographers, architects, or engineers for the + collection, storage, retrieval, or + dissemination of geospatial information, + including-- + (i) global satellite surveillance + systems; + (ii) global position systems; + (iii) geographic information + systems; + (iv) mapping equipment; + (v) geocoding technology; and + (vi) remote sensing devices. + (2) Office of geospatial management.-- + (A) Establishment.--The Office of + Geospatial Management is established within the + Office of the Chief Information Officer. + (B) Geospatial information officer.-- + (i) Appointment.--The Office of + Geospatial Management shall be + administered by the Geospatial + Information Officer, who shall be + appointed by the Secretary and serve + under the direction of the Chief + Information Officer. + (ii) Functions.--The Geospatial + Information Officer shall assist the + Chief Information Officer in carrying + out all functions under this section + and in coordinating the geospatial + information needs of the Department. + (C) Coordination of geospatial + information.--The Chief Information Officer + shall establish and carry out a program to + provide for the efficient use of geospatial + information, which shall include-- + (i) providing such geospatial + information as may be necessary to + implement the critical infrastructure + protection programs; + (ii) providing leadership and + coordination in meeting the geospatial + information requirements of those + responsible for planning, prevention, + mitigation, assessment and response to + emergencies, critical infrastructure + protection, and other functions of the + Department; and + (iii) coordinating with users of + geospatial information within the + Department to assure interoperability + and prevent unnecessary duplication. + (D) Responsibilities.--In carrying out this + subsection, the responsibilities of the Chief + Information Officer shall include-- + (i) coordinating the geospatial + information needs and activities of the + Department; + (ii) implementing standards, as + adopted by the Director of the Office + of Management and Budget under the + processes established under section 216 + of the E-Government Act of 2002 (44 + U.S.C. 3501 note), to facilitate the + interoperability of geospatial + information pertaining to homeland + security among all users of such + information within-- + (I) the Department; + (II) State and local + government; and + (III) the private sector; + (iii) coordinating with the Federal + Geographic Data Committee and carrying + out the responsibilities of the + Department pursuant to Office of + Management and Budget Circular A-16 and + Executive Order 12906; and + (iv) making recommendations to the + Secretary and the Executive Director of + the Office for State and Local + Government Coordination and + Preparedness on awarding grants to-- + (I) fund the creation of + geospatial data; and + (II) execute information + sharing agreements regarding + geospatial data with State, + local, and tribal governments. + (3) Authorization of appropriations.--There are + authorized to be appropriated such sums as may be + necessary to carry out this subsection for each fiscal + year. + +SEC. 704. [6 U.S.C. 344] CHIEF HUMAN CAPITAL OFFICER. + + The Chief Human Capital Officer shall report to the +Secretary, or to another official of the Department, as the +Secretary may direct and shall ensure that all employees of the +Department are informed of their rights and remedies under +chapters 12 and 23 of title 5, United States Code, by-- + (1) participating in the 2302(c) Certification + Program of the Office of Special Counsel; + (2) achieving certification from the Office of + Special Counsel of the Department's compliance with + section 2302(c) of title 5, United States Code; and + (3) informing Congress of such certification not + later than 24 months after the date of enactment of + this Act. + +SEC. 705. [6 U.S.C. 345] ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND + CIVIL LIBERTIES. + + (a) In General.--The Officer for Civil Rights and Civil +Liberties, who shall report directly to the Secretary, shall-- + (1) review and assess information concerning abuses + of civil rights, civil liberties, and profiling on the + basis of race, ethnicity, or religion, by employees and + officials of the Department; + (2) make public through the Internet, radio, + television, or newspaper advertisements information on + the responsibilities and functions of, and how to + contact, the Officer; + (3) assist the Secretary, directorates, and offices + of the Department to develop, implement, and + periodically review Department policies and procedures + to ensure that the protection of civil rights and civil + liberties is appropriately incorporated into Department + programs and activities; + (4) oversee compliance with constitutional, + statutory, regulatory, policy, and other requirements + relating to the civil rights and civil liberties of + individuals affected by the programs and activities of + the Department; + (5) coordinate with the Privacy Officer to ensure + that-- + (A) programs, policies, and procedures + involving civil rights, civil liberties, and + privacy considerations are addressed in an + integrated and comprehensive manner; and + (B) Congress receives appropriate reports + regarding such programs, policies, and + procedures; and + (6) investigate complaints and information + indicating possible abuses of civil rights or civil + liberties, unless the Inspector General of the + Department determines that any such complaint or + information should be investigated by the Inspector + General. + (b) Report.--The Secretary shall submit to the + President of the Senate, the Speaker of the House of + Representatives, and the appropriate committees and + subcommittees of Congress on an annual basis a report + on the implementation of this section, including the + use of funds appropriated to carry out this section, + and detailing any allegations of abuses described under + subsection (a)(1) and any actions taken by the + Department in response to such allegations. + +SEC. 706. [6 U.S.C. 346] CONSOLIDATION AND CO-LOCATION OF OFFICES. + + Not later than 1 year after the date of the enactment of +this Act, the Secretary shall develop and submit to Congress a +plan for consolidating and co-locating-- + (1) any regional offices or field offices of + agencies that are transferred to the Department under + this Act, if such officers are located in the same + municipality; and + (2) portions of regional and field offices of other + Federal agencies, to the extent such offices perform + functions that are transferred to the Secretary under + this Act. + +SEC. 707. [6 U.S.C. 347] QUADRENNIAL HOMELAND SECURITY REVIEW. + + (a) Requirement.-- + (1) Quadrennial reviews required.--In fiscal year + 2009, and every 4 years thereafter, the Secretary shall + conduct a review of the homeland security of the Nation + (in this section referred to as a ``quadrennial + homeland security review''). + (2) Scope of reviews.--Each quadrennial homeland + security review shall be a comprehensive examination of + the homeland security strategy of the Nation, including + recommendations regarding the long-term strategy and + priorities of the Nation for homeland security and + guidance on the programs, assets, capabilities, budget, + policies, and authorities of the Department. + (3) Consultation.--The Secretary shall conduct each + quadrennial homeland security review under this + subsection in consultation with-- + (A) the heads of other Federal agencies, + including the Attorney General, the Secretary + of State, the Secretary of Defense, the + Secretary of Health and Human Services, the + Secretary of the Treasury, the Secretary of + Agriculture, and the Director of National + Intelligence; + (B) key officials of the Department; and + (C) other relevant governmental and + nongovernmental entities, including State, + local, and tribal government officials, members + of Congress, private sector representatives, + academics, and other policy experts. + (4) Relationship with future years homeland + security program.--The Secretary shall ensure that each + review conducted under this section is coordinated with + the Future Years Homeland Security Program required + under section 874. + (b) Contents of Review.--In each quadrennial homeland +security review, the Secretary shall-- + (1) delineate and update, as appropriate, the + national homeland security strategy, consistent with + appropriate national and Department strategies, + strategic plans, and Homeland Security Presidential + Directives, including the National Strategy for + Homeland Security, the National Response Plan, and the + Department Security Strategic Plan; + (2) outline and prioritize the full range of the + critical homeland security mission areas of the Nation; + (3) describe the interagency cooperation, + preparedness of Federal response assets, + infrastructure, budget plan, and other elements of the + homeland security program and policies of the Nation + associated with the national homeland security + strategy, required to execute successfully the full + range of missions called for in the national homeland + security strategy described in paragraph (1) and the + homeland security mission areas outlined under + paragraph (2); + (4) identify the budget plan required to provide + sufficient resources to successfully execute the full + range of missions called for in the national homeland + security strategy described in paragraph (1) and the + homeland security mission areas outlined under + paragraph (2); + (5) include an assessment of the organizational + alignment of the Department with the national homeland + security strategy referred to in paragraph (1) and the + homeland security mission areas outlined under + paragraph (2); and + (6) review and assess the effectiveness of the + mechanisms of the Department for executing the process + of turning the requirements developed in the + quadrennial homeland security review into an + acquisition strategy and expenditure plan within the + Department. + (c) Reporting.-- + (1) In general.--Not later than December 31 of the + year in which a quadrennial homeland security review is + conducted, the Secretary shall submit to Congress a + report regarding that quadrennial homeland security + review. + (2) Contents of report.--Each report submitted + under paragraph (1) shall include-- + (A) the results of the quadrennial homeland + security review; + (B) a description of the threats to the + assumed or defined national homeland security + interests of the Nation that were examined for + the purposes of that review; + (C) the national homeland security + strategy, including a prioritized list of the + critical homeland security missions of the + Nation; + (D) a description of the interagency + cooperation, preparedness of Federal response + assets, infrastructure, budget plan, and other + elements of the homeland security program and + policies of the Nation associated with the + national homeland security strategy, required + to execute successfully the full range of + missions called for in the applicable national + homeland security strategy referred to in + subsection (b)(1) and the homeland security + mission areas outlined under subsection (b)(2); + (E) an assessment of the organizational + alignment of the Department with the applicable + national homeland security strategy referred to + in subsection (b)(1) and the homeland security + mission areas outlined under subsection (b)(2), + including the Department's organizational + structure, management systems, budget and + accounting systems, human resources systems, + procurement systems, and physical and technical + infrastructure; + (F) a discussion of the status of + cooperation among Federal agencies in the + effort to promote national homeland security; + (G) a discussion of the status of + cooperation between the Federal Government and + State, local, and tribal governments in + preventing terrorist attacks and preparing for + emergency response to threats to national + homeland security; + (H) an explanation of any underlying + assumptions used in conducting the review; and + (I) any other matter the Secretary + considers appropriate. + (3) Public availability.--The Secretary shall, + consistent with the protection of national security and + other sensitive matters, make each report submitted + under paragraph (1) publicly available on the Internet + website of the Department. + (d) Authorization of Appropriations.--There are authorized +to be appropriated such sums as may be necessary to carry out +this section. + +TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; + UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS + + Subtitle A--Coordination with Non-Federal Entities + +SEC. 801. [6 U.S.C. 361] OFFICE FOR STATE AND LOCAL GOVERNMENT + COORDINATION. + + (a) Establishment.--There is established within the Office +of the Secretary the Office for State and Local Government +Coordination, to oversee and coordinate departmental programs +for and relationships with State and local governments. + (b) Responsibilities.--The Office established under +subsection (a) shall-- + (1) coordinate the activities of the Department + relating to State and local government; + (2) assess, and advocate for, the resources needed + by State and local government to implement the national + strategy for combating terrorism; + (3) provide State and local government with regular + information, research, and technical support to assist + local efforts at securing the homeland; and + (4) develop a process for receiving meaningful + input from State and local government to assist the + development of the national strategy for combating + terrorism and other homeland security activities. + + Subtitle B--Inspector General + +[SEC. 811. REPEALED] + + * * * * * * * + +SEC. 812. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS. + + (a) * * * + * * * * * * * + (b) [5 U.S.C. app. 6 note] Promulgation of Initial +Guidelines.-- + (1) Definition.--In this subsection, the term + ``memoranda of understanding'' means the agreements + between the Department of Justice and the Inspector + General offices described under section 6(e)(3) of the + Inspector General Act of 1978 (5 U.S.C. App.) (as added + by subsection (a) of this section) that-- + (A) are in effect on the date of enactment + of this Act; and + (B) authorize such offices to exercise + authority that is the same or similar to the + authority under section 6(e)(1) of such Act. + (2) In general.--Not later than 180 days after the + date of enactment of this Act, the Attorney General + shall promulgate guidelines under section 6(e)(4) of + the Inspector General Act of 1978 (5 U.S.C. App.) (as + added by subsection (a) of this section) applicable to + the Inspector General offices described under section + 6(e)(3) of that Act. + (3) Minimum requirements.--The guidelines + promulgated under this subsection shall include, at a + minimum, the operational and training requirements in + the memoranda of understanding. + (4) No lapse of authority.--The memoranda of + understanding in effect on the date of enactment of + this Act shall remain in effect until the guidelines + promulgated under this subsection take effect. + (c) [5 U.S.C. app. 6 note] Effective Dates.-- + (1) In general.--Subsection (a) shall take effect + 180 days after the date of enactment of this Act. + (2) Initial guidelines.--Subsection (b) shall take + effect on the date of enactment of this Act. + + Subtitle C--United States Secret Service + +SEC. 821. [6 U.S.C. 381] FUNCTIONS TRANSFERRED. + + In accordance with title XV, there shall be transferred to +the Secretary the functions, personnel, assets, and obligations +of the United States Secret Service, which shall be maintained +as a distinct entity within the Department, including the +functions of the Secretary of the Treasury relating thereto. + + Subtitle D--Acquisitions + +SEC. 831. [6 U.S.C. 391] RESEARCH AND DEVELOPMENT PROJECTS. + + (a) Authority.--Until September 30, 2009 and subject to +subsection (d), the Secretary may carry out a pilot program +under which the Secretary may exercise the following +authorities: + (1) In general.--When the Secretary carries out + basic, applied, and advanced research and development + projects, including the expenditure of funds for such + projects, the Secretary may exercise the same authority + (subject to the same limitations and conditions) with + respect to such research and projects as the Secretary + of Defense may exercise under section 2371 of title 10, + United States Code (except for subsections (b) and + (f)), after making a determination that the use of a + contract, grant, or cooperative agreement for such + project is not feasible or appropriate. The annual + report required under subsection (b) of this section, + as applied to the Secretary by this paragraph, shall be + submitted to the President of the Senate and the + Speaker of the House of Representatives. + (2) Prototype projects.--The Secretary may, under + the authority of paragraph (1), carry out prototype + projects in accordance with the requirements and + conditions provided for carrying out prototype projects + under section 845 of the National Defense Authorization + Act for Fiscal Year 1994 (Public Law 103-160). In + applying the authorities of that section 845, + subsection (c) of that section shall apply with respect + to prototype projects under this paragraph, and the + Secretary shall perform the functions of the Secretary + of Defense under subsection (d) thereof. + (b) Report.--Not later than 2 years after the effective +date of this Act, and annually thereafter, the Comptroller +General shall report to the Committee on Government Reform of +the House of Representatives and the Committee on Governmental +Affairs of the Senate on-- + (1) whether use of the authorities described in + subsection (a) attracts nontraditional Government + contractors and results in the acquisition of needed + technologies; and + (2) if such authorities were to be made permanent, + whether additional safeguards are needed with respect + to the use of such authorities. + (c) Procurement of Temporary and Intermittent Services.-- +The Secretary may-- + (1) procure the temporary or intermittent services + of experts or consultants (or organizations thereof) in + accordance with section 3109(b) of title 5, United + States Code; and + (2) whenever necessary due to an urgent homeland + security need, procure temporary (not to exceed 1 year) + or intermittent personal services, including the + services of experts or consultants (or organizations + thereof), without regard to the pay limitations of such + section 3109. + (d) Additional Requirements.-- + (1) In general.--The authority of the Secretary + under this section shall terminate September 30, 2009, + unless before that date the Secretary-- + (A) issues policy guidance detailing the + appropriate use of that authority; and + (B) provides training to each employee that + is authorized to exercise that authority. + (2) Report.--The Secretary shall provide an annual + report to the Committees on Appropriations of the + Senate and the House of Representatives, the Committee + on Homeland Security and Governmental Affairs of the + Senate, and the Committee on Homeland Security of the + House of Representatives detailing the projects for + which the authority granted by subsection (a) was used, + the rationale for its use, the funds spent using that + authority, the outcome of each project for which that + authority was used, and the results of any audits of + such projects. + (e) Definition of Nontraditional Government Contractor.--In +this section, the term ``nontraditional Government contractor'' +has the same meaning as the term ``nontraditional defense +contractor'' as defined in section 845(e) of the National +Defense Authorization Act for Fiscal Year 1994 (Public Law 103- +160; 10 U.S.C. 2371 note). + +SEC. 832. [6 U.S.C. 392] PERSONAL SERVICES. + + The Secretary-- + (1) may procure the temporary or intermittent + services of experts or consultants (or organizations + thereof) in accordance with section 3109 of title 5, + United States Code; and + (2) may, whenever necessary due to an urgent + homeland security need, procure temporary (not to + exceed 1 year) or intermittent personal services, + including the services of experts or consultants (or + organizations thereof), without regard to the pay + limitations of such section 3109. + +SEC. 833. [6 U.S.C. 393] SPECIAL STREAMLINED ACQUISITION AUTHORITY. + + (a) Authority.-- + (1) In general.--The Secretary may use the + authorities set forth in this section with respect to + any procurement made during the period beginning on the + effective date of this Act and ending September 30, + 2007, if the Secretary determines in writing that the + mission of the Department (as described in section 101) + would be seriously impaired without the use of such + authorities. + (2) Delegation.--The authority to make the + determination described in paragraph (1) may not be + delegated by the Secretary to an officer of the + Department who is not appointed by the President with + the advice and consent of the Senate. + (3) Notification.--Not later than the date that is + 7 days after the date of any determination under + paragraph (1), the Secretary shall submit to the + Committee on Government Reform of the House of + Representatives and the Committee on Governmental + Affairs of the Senate-- + (A) notification of such determination; and + (B) the justification for such determination. + (b) Increased Micro-Purchase Threshold For Certain +Procurements.-- + (1) In general.--The Secretary may designate + certain employees of the Department to make + procurements described in subsection (a) for which in + the administration of section 32 of the Office of + Federal Procurement Policy Act (41 U.S.C. 428) the + amount specified in subsections (c), (d), and (f) of + such section 32 shall be deemed to be $7,500. + (2) Number of employees.--The number of employees + designated under paragraph (1) shall be-- + (A) fewer than the number of employees of + the Department who are authorized to make + purchases without obtaining competitive + quotations, pursuant to section 32(c) of the + Office of Federal Procurement Policy Act (41 + U.S.C. 428(c)); + (B) sufficient to ensure the geographic + dispersal of the availability of the use of the + procurement authority under such paragraph at + locations reasonably considered to be potential + terrorist targets; and + (C) sufficiently limited to allow for the + careful monitoring of employees designated + under such paragraph. + (3) Review.--Procurements made under the authority + of this subsection shall be subject to review by a + designated supervisor on not less than a monthly basis. + The supervisor responsible for the review shall be + responsible for no more than 7 employees making + procurements under this subsection. + (c) Simplified Acquisition Procedures.-- + (1) In general.--With respect to a procurement + described in subsection (a), the Secretary may deem the + simplified acquisition threshold referred to in section + 4(11) of the Office of Federal Procurement Policy Act + (41 U.S.C. 403(11)) to be-- + (A) in the case of a contract to be awarded + and performed, or purchase to be made, within + the United States, $200,000; and + (B) in the case of a contract to be awarded + and performed, or purchase to be made, outside + of the United States, $300,000. + * * * * * * * + (d) Application of Certain Commercial Items Authorities.-- + (1) In general.--With respect to a procurement + described in subsection (a), the Secretary may deem any + item or service to be a commercial item for the purpose + of Federal procurement laws. + (2) Limitation.--The $5,000,000 limitation provided + in section 31(a)(2) of the Office of Federal + Procurement Policy Act (41 U.S.C. 427(a)(2)) and + section 303(g)(1)(B) of the Federal Property and + Administrative Services Act of 1949 (41 U.S.C. + 253(g)(1)(B)) shall be deemed to be $7,500,000 for + purposes of property or services under the authority of + this subsection. + (3) Certain authority.--Authority under a provision + of law referred to in paragraph (2) that expires under + section 4202(e) of the Clinger-Cohen Act of 1996 + (divisions D and E of Public Law 104-106; 10 U.S.C. + 2304 note) shall, notwithstanding such section, + continue to apply for a procurement described in + subsection (a). + (e) Report.--Not later than 180 days after the end of +fiscal year 2005, the Comptroller General shall submit to the +Committee on Governmental Affairs of the Senate and the +Committee on Government Reform of the House of Representatives +a report on the use of the authorities provided in this +section. The report shall contain the following: + (1) An assessment of the extent to which property + and services acquired using authorities provided under + this section contributed to the capacity of the Federal + workforce to facilitate the mission of the Department + as described in section 101. + (2) An assessment of the extent to which prices for + property and services acquired using authorities + provided under this section reflected the best value. + (3) The number of employees designated by each + executive agency under subsection (b)(1). + (4) An assessment of the extent to which the + Department has implemented subsections (b)(2) and + (b)(3) to monitor the use of procurement authority by + employees designated under subsection (b)(1). + (5) Any recommendations of the Comptroller General + for improving the effectiveness of the implementation + of the provisions of this section. + +SEC. 834. [6 U.S.C. 394] UNSOLICITED PROPOSALS. + + (a) Regulations Required.--Within 1 year of the date of +enactment of this Act, the Federal Acquisition Regulation shall +be revised to include regulations with regard to unsolicited +proposals. + (b) Content of Regulations.--The regulations prescribed +under subsection (a) shall require that before initiating a +comprehensive evaluation, an agency contact point shall +consider, among other factors, that the proposal-- + (1) is not submitted in response to a previously + published agency requirement; and + (2) contains technical and cost information for + evaluation and overall scientific, technical or + socioeconomic merit, or cost-related or price-related + factors. + +SEC. 835. [6 U.S.C. 395] PROHIBITION ON CONTRACTS WITH CORPORATE + EXPATRIATES. + + (a) In General.--The Secretary may not enter into any +contract with a foreign incorporated entity which is treated as +an inverted domestic corporation under subsection (b), or any +subsidiary of such an entity. + (b) Inverted Domestic Corporation.--For purposes of this +section, a foreign incorporated entity shall be treated as an +inverted domestic corporation if, pursuant to a plan (or a +series of related transactions)-- + (1) the entity completes before, on, or after the + date of enactment of this Act, the direct or indirect + acquisition of substantially all of the properties held + directly or indirectly by a domestic corporation or + substantially all of the properties constituting a + trade or business of a domestic partnership; + (2) after the acquisition at least 80 percent of + the stock (by vote or value) of the entity is held-- + (A) in the case of an acquisition with + respect to a domestic corporation, by former + shareholders of the domestic corporation by + reason of holding stock in the domestic + corporation; or + (B) in the case of an acquisition with + respect to a domestic partnership, by former + partners of the domestic partnership by reason + of holding a capital or profits interest in the + domestic partnership; and + (3) the expanded affiliated group which after the + acquisition includes the entity does not have + substantial business activities in the foreign country + in which or under the law of which the entity is + created or organized when compared to the total + business activities of such expanded affiliated group. + (c) Definitions and Special Rules.-- + (1) Rules for application of subsection (b).--In + applying subsection (b) for purposes of subsection (a), + the following rules shall apply: + (A) Certain stock disregarded.--There shall + not be taken into account in determining + ownership for purposes of subsection (b)(2)-- + (i) stock held by members of the + expanded affiliated group which + includes the foreign incorporated + entity; or + (ii) stock of such entity which is + sold in a public offering related to + the acquisition described in subsection + (b)(1). + (B) Plan deemed in certain cases.--If a + foreign incorporated entity acquires directly + or indirectly substantially all of the + properties of a domestic corporation or + partnership during the 4-year period beginning + on the date which is 2 years before the + ownership requirements of subsection (b)(2) are + met, such actions shall be treated as pursuant + to a plan. + (C) Certain transfers disregarded.--The + transfer of properties or liabilities + (including by contribution or distribution) + shall be disregarded if such transfers are part + of a plan a principal purpose of which is to + avoid the purposes of this section. + (D) Special rule for related + partnerships.--For purposes of applying + subsection (b) to the acquisition of a domestic + partnership, except as provided in regulations, + all domestic partnerships which are under + common control (within the meaning of section + 482 of the Internal Revenue Code of 1986) shall + be treated as I partnership. + (E) Treatment of certain rights.--The + Secretary shall prescribe such regulations as + may be necessary to-- + (i) treat warrants, options, + contracts to acquire stock, convertible + debt instruments, and other similar + interests as stock; and + (ii) treat stock as not stock. + (2) Expanded affiliated group.--The term ``expanded + affiliated group'' means an affiliated group as defined + in section 1504(a) of the Internal Revenue Code of 1986 + (without regard to section 1504(b) of such Code), + except that section 1504 of such Code shall be applied + by substituting ``more than 50 percent'' for ``at least + 80 percent'' each place it appears. + (3) Foreign incorporated entity.--The term + ``foreign incorporated entity'' means any entity which + is, or but for subsection (b) would be, treated as a + foreign corporation for purposes of the Internal + Revenue Code of 1986. + (4) Other definitions.--The terms ``person'', + ``domestic'', and ``foreign'' have the meanings given + such terms by paragraphs (1), (4), and (5) of section + 7701(a) of the Internal Revenue Code of 1986, + respectively. + (d) Waivers.--The Secretary shall waive subsection (a) with +respect to any specific contract if the Secretary determines +that the waiver is required in the interest of national +security. + * * * * * * * + + Subtitle E--Human Resources Management + +SEC. 841. [6 U.S.C. 411] ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT + SYSTEM. + + (a) Authority.-- + (1) Sense of congress.--It is the sense of Congress + that-- + (A) it is extremely important that + employees of the Department be allowed to + participate in a meaningful way in the creation + of any human resources management system + affecting them; + (B) such employees have the most direct + knowledge of the demands of their jobs and have + a direct interest in ensuring that their human + resources management system is conducive to + achieving optimal operational efficiencies; + (C) the 21st century human resources + management system envisioned for the Department + should be one that benefits from the input of + its employees; and + (D) this collaborative effort will help + secure our homeland. + * * * * * * * + (b) Effect on Personnel.-- + (1) Nonseparation or nonreduction in grade or + compensation of full-time personnel and part-time + personnel holding permanent positions.--Except as + otherwise provided in this Act, the transfer under this + Act of full-time personnel (except special Government + employees) and part-time personnel holding permanent + positions shall not cause any such employee to be + separated or reduced in grade or compensation for 1 + year after the date of transfer to the Department. + (2) Positions compensated in accordance with + executive schedule.--Any person who, on the day + preceding such person's date of transfer pursuant to + this Act, held a position compensated in accordance + with the Executive Schedule prescribed in chapter 53 of + title 5, United States Code, and who, without a break + in service, is appointed in the Department to a + position having duties comparable to the duties + performed immediately preceding such appointment shall + continue to be compensated in such new position at not + less than the rate provided for such position, for the + duration of the service of such person in such new + position. + (3) Coordination rule.--Any exercise of authority + under chapter 97 of title 5, United States Code (as + amended by subsection (a)), including under any system + established under such chapter, shall be in conformance + with the requirements of this subsection. + +SEC. 842. [6 U.S.C. 412] LABOR-MANAGEMENT RELATIONS. + + (a) Limitation on Exclusionary Authority.-- + (1) In general.--No agency or subdivision of an + agency which is transferred to the Department pursuant + to this Act shall be excluded from the coverage of + chapter 71 of title 5, United States Code, as a result + of any order issued under section 7103(b)(1) of such + title 5 after June 18, 2002, unless-- + (A) the mission and responsibilities of the + agency (or subdivision) materially change; and + (B) a majority of the employees within such + agency (or subdivision) have as their primary + duty intelligence, counterintelligence, or + investigative work directly related to + terrorism investigation. + (2) Exclusions allowable.--Nothing in paragraph (1) + shall affect the effectiveness of any order to the + extent that such order excludes any portion of an + agency or subdivision of an agency as to which-- + (A) recognition as an appropriate unit has + never been conferred for purposes of chapter 71 + of such title 5; or + (B) any such recognition has been revoked + or otherwise terminated as a result of a + determination under subsection (b)(1). + (b) Provisions Relating to Bargaining Units.-- + (1) Limitation relating to appropriate units.--Each + unit which is recognized as an appropriate unit for + purposes of chapter 71 of title 5, United States Code, + as of the day before the effective date of this Act + (and any subdivision of any such unit) shall, if such + unit (or subdivision) is transferred to the Department + pursuant to this Act, continue to be so recognized for + such purposes, unless-- + (A) the mission and responsibilities of + such unit (or subdivision) materially change; + and + (B) a majority of the employees within such + unit (or subdivision) have as their primary + duty intelligence, counterintelligence, or + investigative work directly related to + terrorism investigation. + (2) Limitation relating to positions or + employees.--No position or employee within a unit (or + subdivision of a unit) as to which continued + recognition is given in accordance with paragraph (1) + shall be excluded from such unit (or subdivision), for + purposes of chapter 71 of such title 5, unless the + primary job duty of such position or employee-- + (A) materially changes; and + (B) consists of intelligence, + counterintelligence, or investigative work + directly related to terrorism investigation. + In the case of any positions within a unit (or + subdivision) which are first established on or after + the effective date of this Act and any employees first + appointed on or after such date, the preceding sentence + shall be applied disregarding subparagraph (A). + (c) Waiver.--If the President determines that the +application of subsections (a), (b), and (d) would have a +substantial adverse impact on the ability of the Department to +protect homeland security, the President may waive the +application of such subsections 10 days after the President has +submitted to Congress a written explanation of the reasons for +such determination. + (d) Coordination Rule.--No other provision of this Act or +of any amendment made by this Act may be construed or applied +in a manner so as to limit, supersede, or otherwise affect the +provisions of this section, except to the extent that it does +so by specific reference to this section. + (e) Rule of Construction.--Nothing in section 9701(e) of +title 5, United States Code, shall be considered to apply with +respect to any agency or subdivision of any agency, which is +excluded from the coverage of chapter 71 of title 5, United +States Code, by virtue of an order issued in accordance with +section 7103(b) of such title and the preceding provisions of +this section (as applicable), or to any employees of any such +agency or subdivision or to any individual or entity +representing any such employees or any representatives thereof. + +SEC. 843. [6 U.S.C. 413] USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES + IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS. + + (a) In General.--Each subdivision of the Department that is +a National Drug Control Program Agency shall include as one of +the criteria in its performance appraisal system, for each +employee directly or indirectly involved in the enforcement of +Federal, State, or local narcotics laws, the performance of +that employee with respect to the enforcement of Federal, +State, or local narcotics laws, relying to the greatest extent +practicable on objective performance measures, including-- + (1) the contribution of that employee to seizures + of narcotics and arrests of violators of Federal, + State, or local narcotics laws; and + (2) the degree to which that employee cooperated + with or contributed to the efforts of other employees, + either within the Department or other Federal, State, + or local agencies, in counternarcotics enforcement. + (b) Definitions.--For purposes of this section-- + (1) the term ``National Drug Control Program + Agency'' means-- + (A) a National Drug Control Program Agency, + as defined in section 702(7) of the Office of + National Drug Control Policy Reauthorization + Act of 1998 (as last in effect); and + (B) any subdivision of the Department that + has a significant counternarcotics + responsibility, as determined by-- + (i) the counternarcotics officer, + appointed under section 878; or + (ii) if applicable, the + counternarcotics officer's successor in + function (as determined by the + Secretary); and + (2) the term ``performance appraisal system'' means + a system under which periodic appraisals of job + performance of employees are made, whether under + chapter 43 of title 5, United States Code, or + otherwise. + +SEC. 844. HOMELAND SECURITY ROTATION PROGRAM. + + (a) Establishment.-- + (1) In general.--Not later than 180 days after the + date of enactment of this section, the Secretary shall + establish the Homeland Security Rotation Program (in + this section referred to as the ``Rotation Program'') + for employees of the Department. The Rotation Program + shall use applicable best practices, including those + from the Chief Human Capital Officers Council. + (2) Goals.--The Rotation Program established by the + Secretary shall-- + (A) be established in accordance with the + Human Capital Strategic Plan of the Department; + (B) provide middle and senior level + employees in the Department the opportunity to + broaden their knowledge through exposure to + other components of the Department; + (C) expand the knowledge base of the + Department by providing for rotational + assignments of employees to other components; + (D) build professional relationships and + contacts among the employees in the Department; + (E) invigorate the workforce with exciting + and professionally rewarding opportunities; + (F) incorporate Department human capital + strategic plans and activities, and address + critical human capital deficiencies, + recruitment and retention efforts, and + succession planning within the Federal + workforce of the Department; and + (G) complement and incorporate (but not + replace) rotational programs within the + Department in effect on the date of enactment + of this section. + (3) Administration.-- + (A) In general.--The Chief Human Capital + Officer shall administer the Rotation Program. + (B) Responsibilities.--The Chief Human + Capital Officer shall-- + (i) provide oversight of the + establishment and implementation of the + Rotation Program; + (ii) establish a framework that + supports the goals of the Rotation + Program and promotes cross-disciplinary + rotational opportunities; + (iii) establish eligibility for + employees to participate in the + Rotation Program and select + participants from employees who apply; + (iv) establish incentives for + employees to participate in the + Rotation Program, including promotions + and employment preferences; + (v) ensure that the Rotation + Program provides professional education + and training; + (vi) ensure that the Rotation + Program develops qualified employees + and future leaders with broad-based + experience throughout the Department; + (vii) provide for greater + interaction among employees in + components of the Department; and + (viii) coordinate with rotational + programs within the Department in + effect on the date of enactment of this + section. + (4) Allowances, privileges, and benefits.--All + allowances, privileges, rights, seniority, and other + benefits of employees participating in the Rotation + Program shall be preserved. + (5) Reporting.--Not later than 180 days after the + date of the establishment of the Rotation Program, the + Secretary shall submit a report on the status of the + Rotation Program, including a description of the + Rotation Program, the number of employees + participating, and how the Rotation Program is used in + succession planning and leadership development to the + appropriate committees of Congress. + +SEC. 845. HOMELAND SECURITY EDUCATION PROGRAM. + + (a) Establishment.--The Secretary, acting through the +Administrator, shall establish a graduate-level Homeland +Security Education Program in the National Capital Region to +provide educational opportunities to senior Federal officials +and selected State and local officials with homeland security +and emergency management responsibilities. The Administrator +shall appoint an individual to administer the activities under +this section. + (b) Leveraging of Existing Resources.--To maximize +efficiency and effectiveness in carrying out the Program, the +Administrator shall use existing Department-reviewed Master's +Degree curricula in homeland security, including curricula +pending accreditation, together with associated learning +materials, quality assessment tools, digital libraries, +exercise systems and other educational facilities, including +the National Domestic Preparedness Consortium, the National +Fire Academy, and the Emergency Management Institute. The +Administrator may develop additional educational programs, as +appropriate. + (c) Student Enrollment.-- + (1) Sources.--The student body of the Program shall + include officials from Federal, State, local, and + tribal governments, and from other sources designated + by the Administrator. + (2) Enrollment priorities and selection criteria.-- + The Administrator shall establish policies governing + student enrollment priorities and selection criteria + that are consistent with the mission of the Program. + (3) Diversity.--The Administrator shall take + reasonable steps to ensure that the student body + represents racial, gender, and ethnic diversity. + (d) Service Commitment.-- + (1) In general.--Before any employee selected for + the Program may be assigned to participate in the + program, the employee shall agree in writing-- + (A) to continue in the service of the + agency sponsoring the employee during the 2- + year period beginning on the date on which the + employee completes the program, unless the + employee is involuntarily separated from the + service of that agency for reasons other than a + reduction in force; and + (B) to pay to the Government the amount of + the additional expenses incurred by the + Government in connection with the employee's + education if the employee is voluntarily + separated from the service to the agency before + the end of the period described in subparagraph + (A). + (2) Payment of expenses.-- + (A) Exemption.--An employee who leaves the + service of the sponsoring agency to enter into + the service of another agency in any branch of + the Government shall not be required to make a + payment under paragraph (1)(B), unless the head + of the agency that sponsored the education of + the employee notifies that employee before the + date on which the employee enters the service + of the other agency that payment is required + under that paragraph. + (B) Amount of payment.--If an employee is + required to make a payment under paragraph + (1)(B), the agency that sponsored the education + of the employee shall determine the amount of + the payment, except that such amount may not + exceed the pro rata share of the expenses + incurred for the time remaining in the 2-year + period. + (3) Recovery of payment.--If an employee who is + required to make a payment under this subsection does + not make the payment, a sum equal to the amount of the + expenses incurred by the Government for the education + of that employee is recoverable by the Government from + the employee or his estate by-- + (A) setoff against accrued pay, + compensation, amount of retirement credit, or + other amount due the employee from the + Government; or + (B) such other method as is provided by lay + for the recovery of amounts owing to the + Government. + + Subtitle F--Federal Emergency Procurement Flexibility + +SEC. 851. [6 U.S.C. 421] DEFINITION. + + In this subtitle, the term ``executive agency'' has the +meaning given that term under section 4(1) of the Office of +Federal Procurement Policy Act (41 U.S.C. 403(1)). + +SEC. 852. [6 U.S.C. 422] PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY + FROM TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR + RADIOLOGICAL ATTACK. + + The authorities provided in this subtitle apply to any +procurement of property or services by or for an executive +agency that, as determined by the head of the executive agency, +are to be used to facilitate defense against or recovery from +terrorism or nuclear, biological, chemical, or radiological +attack, but only if a solicitation of offers for the +procurement is issued during the 1-year period beginning on the +date of the enactment of this Act. + +SEC. 853. [6 U.S.C. 423] INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR + PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR + PEACEKEEPING OPERATIONS OR CONTINGENCY OPERATIONS. + + (a) Temporary Threshold Amounts.--For a procurement +referred to in section 852 that is carried out in support of a +humanitarian or peacekeeping operation or a contingency +operation, the simplified acquisition threshold definitions +shall be applied as if the amount determined under the +exception provided for such an operation in those definitions +were-- + (1) in the case of a contract to be awarded and + performed, or purchase to be made, inside the United + States, $200,000; or + (2) in the case of a contract to be awarded and + performed, or purchase to be made, outside the United + States, $300,000. + (b) Simplified Acquisition Threshold Definitions.--In this +section, the term ``simplified acquisition threshold +definitions'' means the following: + (1) Section 4(11) of the Office of Federal + Procurement Policy Act (41 U.S.C. 403(11)). + (2) Section 309(d) of the Federal Property and + Administrative Services Act of 1949 (41 U.S.C. 259(d)). + (3) Section 2302(7) of title 10, United States + Code. + (c) Small Business Reserve.--For a procurement carried out +pursuant to subsection (a), section 15(j) of the Small Business +Act (15 U.S.C. 644(j)) shall be applied as if the maximum +anticipated value identified therein is equal to the amounts +referred to in subsection (a). + +SEC. 854. [6 U.S.C. 424] INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN + PROCUREMENTS. + + In the administration of section 32 of the Office of +Federal Procurement Policy Act (41 U.S.C. 428) with respect to +a procurement referred to in section 852, the amount specified +in subsections (c), (d), and (f) of such section 32 shall be +deemed to be $7,500. + +SEC. 855. [6 U.S.C. 425] APPLICATION OF CERTAIN COMMERCIAL ITEMS + AUTHORITIES TO CERTAIN PROCUREMENTS. + + (a) Authority.-- + (1) In general.--The head of an executive agency + may apply the provisions of law listed in paragraph (2) + to a procurement referred to in section 852 without + regard to whether the property or services are + commercial items. + (2) Commercial item laws.--The provisions of law + referred to in paragraph (1) are as follows: + (A) Sections 31 and 34 of the Office of + Federal Procurement Policy Act (41 U.S.C. 427, + 430). + (B) Section 2304(g) of title 10, United + States Code. + (C) Section 303(g) of the Federal Property + and Administrative Services Act of 1949 (41 + U.S.C. 253(g)). + (b) Inapplicability of Limitation on Use of Simplified +Acquisition Procedures.-- + (1) In general.--The $5,000,000 limitation provided + in section 31(a)(2) of the Office of Federal + Procurement Policy Act (41 U.S.C. 427(a)(2)), section + 2304(g)(1)(B) of title 10, United States Code, and + section 303(g)(1)(B) of the Federal Property and + Administrative Services Act of 1949 (41 U.S.C. + 253(g)(1)(B)) shall not apply to purchases of property + or services to which any of the provisions of law + referred to in subsection (a) are applied under the + authority of this section. + (2) OMB guidance.--The Director of the Office of + Management and Budget shall issue guidance and + procedures for the use of simplified acquisition + procedures for a purchase of property or services in + excess of $5,000,000 under the authority of this + section. + (c) Continuation of Authority for Simplified Purchase +Procedures.--Authority under a provision of law referred to in +subsection (a)(2) that expires under section 4202(e) of the +Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104- +106; 10 U.S.C. 2304 note) shall, notwithstanding such section, +continue to apply for use by the head of an executive agency as +provided in subsections (a) and (b). + +SEC. 856. [6 U.S.C. 426] USE OF STREAMLINED PROCEDURES. + + (a) Required Use.--The head of an executive agency shall, +when appropriate, use streamlined acquisition authorities and +procedures authorized by law for a procurement referred to in +section 852, including authorities and procedures that are +provided under the following provisions of law: + (1) Federal property and administrative services + act of 1949.--In title III of the Federal Property and + Administrative Services Act of 1949: + (A) Paragraphs (1), (2), (6), and (7) of + subsection (c) of section 303 (41 U.S.C. 253), + relating to use of procedures other than + competitive procedures under certain + circumstances (subject to subsection (e) of + such section). + (B) Section 303J (41 U.S.C. 253j), relating + to orders under task and delivery order + contracts. + (2) Title 10, united states code.--In chapter 137 + of title 10, United States Code: + (A) Paragraphs (1), (2), (6), and (7) of + subsection (c) of section 2304, relating to use + of procedures other than competitive procedures + under certain circumstances (subject to + subsection (e) of such section). + (B) Section 2304c, relating to orders under + task and delivery order contracts. + (3) Office of federal procurement policy act.-- + Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of + the Office of Federal Procurement Policy Act (41 U.S.C. + 416(c)), relating to inapplicability of a requirement + for procurement notice. + (b) Waiver of Certain Small Business Threshold +Requirements.--Subclause (II) of section 8(a)(1)(D)(i) of the +Small Business Act (15 U.S.C. 637(a)(1)(D)(i)) and clause (ii) +of section 31(b)(2)(A) of such Act (15 U.S.C. 657a(b)(2)(A)) +shall not apply in the use of streamlined acquisition +authorities and procedures referred to in paragraphs (1)(A) and +(2)(A) of subsection (a) for a procurement referred to in +section 852. + +SEC. 857. [6 U.S.C. 427] REVIEW AND REPORT BY COMPTROLLER GENERAL. + + (a) Requirements.--Not later than March 31, 2004, the +Comptroller General shall-- + (1) complete a review of the extent to which + procurements of property and services have been made in + accordance with this subtitle; and + (2) submit a report on the results of the review to + the Committee on Governmental Affairs of the Senate and + the Committee on Government Reform of the House of + Representatives. + (b) Content of Report.--The report under subsection (a)(2) +shall include the following matters: + (1) Assessment.--The Comptroller General's + assessment of-- + (A) the extent to which property and + services procured in accordance with this title + have contributed to the capacity of the + workforce of Federal Government employees + within each executive agency to carry out the + mission of the executive agency; and + (B) the extent to which Federal Government + employees have been trained on the use of + technology. + (2) Recommendations.--Any recommendations of the + Comptroller General resulting from the assessment + described in paragraph (1). + (c) Consultation.--In preparing for the review under +subsection (a)(1), the Comptroller shall consult with the +Committee on Governmental Affairs of the Senate and the +Committee on Government Reform of the House of Representatives +on the specific issues and topics to be reviewed. The extent of +coverage needed in areas such as technology integration, +employee training, and human capital management, as well as the +data requirements of the study, shall be included as part of +the consultation. + +SEC. 858. [6 U.S.C. 428] IDENTIFICATION OF NEW ENTRANTS INTO THE + FEDERAL MARKETPLACE. + + The head of each executive agency shall conduct market +research on an ongoing basis to identify effectively the +capabilities, including the capabilities of small businesses +and new entrants into Federal contracting, that are available +in the marketplace for meeting the requirements of the +executive agency in furtherance of defense against or recovery +from terrorism or nuclear, biological, chemical, or +radiological attack. The head of the executive agency shall, to +the maximum extent practicable, take advantage of commercially +available market research methods, including use of commercial +databases, to carry out the research. + * * * * * * * + +Subtitle G--Support Anti-terrorism by Fostering Effective Technologies + Act of 2002 + +SEC. 861. [6 U.S.C. 101 NOTE] SHORT TITLE. + + This subtitle may be cited as the ``Support Anti-terrorism +by Fostering Effective Technologies Act of 2002'' or the +``SAFETY Act''. + +SEC. 862. [6 U.S.C. 441] ADMINISTRATION. + + (a) In General.--The Secretary shall be responsible for the +administration of this subtitle. + (b) Designation of Qualified Anti-Terrorism Technologies.-- +The Secretary may designate anti-terrorism technologies that +qualify for protection under the system of risk management set +forth in this subtitle in accordance with criteria that shall +include, but not be limited to, the following: + (1) Prior United States Government use or + demonstrated substantial utility and effectiveness. + (2) Availability of the technology for immediate + deployment in public and private settings. + (3) Existence of extraordinarily large or + extraordinarily unquantifiable potential third party + liability risk exposure to the Seller or other provider + of such anti-terrorism technology. + (4) Substantial likelihood that such anti-terrorism + technology will not be deployed unless protections + under the system of risk management provided under this + subtitle are extended. + (5) Magnitude of risk exposure to the public if + such anti-terrorism technology is not deployed. + (6) Evaluation of all scientific studies that can + be feasibly conducted in order to assess the capability + of the technology to substantially reduce risks of + harm. + (7) Anti-terrorism technology that would be + effective in facilitating the defense against acts of + terrorism, including technologies that prevent, defeat + or respond to such acts. + (c) Regulations.--The Secretary may issue such regulations, +after notice and comment in accordance with section 553 of +title 5, United States Code, as may be necessary to carry out +this subtitle. + +SEC. 863. [6 U.S.C. 442] LITIGATION MANAGEMENT. + + (a) Federal Cause of Action.-- + (1) In general.--There shall exist a Federal cause + of action for claims arising out of, relating to, or + resulting from an act of terrorism when qualified anti- + terrorism technologies have been deployed in defense + against or response or recovery from such act and such + claims result or may result in loss to the Seller. The + substantive law for decision in any such action shall + be derived from the law, including choice of law + principles, of the State in which such acts of + terrorism occurred, unless such law is inconsistent + with or preempted by Federal law. Such Federal cause of + action shall be brought only for claims for injuries + that are proximately caused by sellers that provide + qualified anti-terrorism technology to Federal and non- + Federal government customers. + (2) Jurisdiction.--Such appropriate district court + of the United States shall have original and exclusive + jurisdiction over all actions for any claim for loss of + property, personal injury, or death arising out of, + relating to, or resulting from an act of terrorism when + qualified anti-terrorism technologies have been + deployed in defense against or response or recovery + from such act and such claims result or may result in + loss to the Seller. + (b) Special Rules.--In an action brought under this section +for damages the following provisions apply: + (1) Punitive damages.--No punitive damages intended + to punish or deter, exemplary damages, or other damages + not intended to compensate a plaintiff for actual + losses may be awarded, nor shall any party be liable + for interest prior to the judgment. + (2) Noneconomic damages.-- + (A) In general.--Noneconomic damages may be + awarded against a defendant only in an amount + directly proportional to the percentage of + responsibility of such defendant for the harm + to the plaintiff, and no plaintiff may recover + noneconomic damages unless the plaintiff + suffered physical harm. + (B) Definition.--For purposes of + subparagraph (A), the term ``noneconomic + damages'' means damages for losses for physical + and emotional pain, suffering, inconvenience, + physical impairment, mental anguish, + disfigurement, loss of enjoyment of life, loss + of society and companionship, loss of + consortium, hedonic damages, injury to + reputation, and any other nonpecuniary losses. + (c) Collateral Sources.--Any recovery by a plaintiff in an +action under this section shall be reduced by the amount of +collateral source compensation, if any, that the plaintiff has +received or is entitled to receive as a result of such acts of +terrorism that result or may result in loss to the Seller. + (d) Government Contractor Defense.-- + (1) In general.--Should a product liability or + other lawsuit be filed for claims arising out of, + relating to, or resulting from an act of terrorism when + qualified anti-terrorism technologies approved by the + Secretary, as provided in paragraphs (2) and (3) of + this subsection, have been deployed in defense against + or response or recovery from such act and such claims + result or may result in loss to the Seller, there shall + be a rebuttable presumption that the government + contractor defense applies in such lawsuit. This + presumption shall only be overcome by evidence showing + that the Seller acted fraudulently or with willful + misconduct in submitting information to the Secretary + during the course of the Secretary's consideration of + such technology under this subsection. This presumption + of the government contractor defense shall apply + regardless of whether the claim against the Seller + arises from a sale of the product to Federal Government + or non-Federal Government customers. + (2) Exclusive responsibility.--The Secretary will + be exclusively responsible for the review and approval + of anti-terrorism technology for purposes of + establishing a government contractor defense in any + product liability lawsuit for claims arising out of, + relating to, or resulting from an act of terrorism when + qualified anti-terrorism technologies approved by the + Secretary, as provided in this paragraph and paragraph + (3), have been deployed in defense against or response + or recovery from such act and such claims result or may + result in loss to the Seller. Upon the Seller's + submission to the Secretary for approval of anti- + terrorism technology, the Secretary will conduct a + comprehensive review of the design of such technology + and determine whether it will perform as intended, + conforms to the Seller's specifications, and is safe + for use as intended. The Seller will conduct safety and + hazard analyses on such technology and will supply the + Secretary with all such information. + (3) Certificate.--For anti-terrorism technology + reviewed and approved by the Secretary, the Secretary + will issue a certificate of conformance to the Seller + and place the anti-terrorism technology on an Approved + Product List for Homeland Security. + (e) Exclusion.--Nothing in this section shall in any way +limit the ability of any person to seek any form of recovery +from any person, government, or other entity that-- + (1) attempts to commit, knowingly participates in, + aids and abets, or commits any act of terrorism, or any + criminal act related to or resulting from such act of + terrorism; or + (2) participates in a conspiracy to commit any such + act of terrorism or any such criminal act. + +SEC. 864. [6 U.S.C. 443] RISK MANAGEMENT. + + (a) In General.-- + (1) Liability insurance required.--Any person or + entity that sells or otherwise provides a qualified + anti-terrorism technology to Federal and non-Federal + Government customers (``Seller'') shall obtain + liability insurance of such types and in such amounts + as shall be required in accordance with this section + and certified by the Secretary to satisfy otherwise + compensable third-party claims arising out of, relating + to, or resulting from an act of terrorism when + qualified anti-terrorism technologies have been + deployed in defense against or response or recovery + from such act. + (2) Maximum amount.--For the total claims related + to 1 such act of terrorism, the Seller is not required + to obtain liability insurance of more than the maximum + amount of liability insurance reasonably available from + private sources on the world market at prices and terms + that will not unreasonably distort the sales price of + Seller's anti-terrorism technologies. + (3) Scope of coverage.--Liability insurance + obtained pursuant to this subsection shall, in addition + to the Seller, protect the following, to the extent of + their potential liability for involvement in the + manufacture, qualification, sale, use, or operation of + qualified anti-terrorism technologies deployed in + defense against or response or recovery from an act of + terrorism: + (A) Contractors, subcontractors, suppliers, + vendors and customers of the Seller. + (B) Contractors, subcontractors, suppliers, + and vendors of the customer. + (4) Third party claims.--Such liability insurance + under this section shall provide coverage against third + party claims arising out of, relating to, or resulting + from the sale or use of anti-terrorism technologies. + (b) Reciprocal Waiver of Claims.--The Seller shall enter +into a reciprocal waiver of claims with its contractors, +subcontractors, suppliers, vendors and customers, and +contractors and subcontractors of the customers, involved in +the manufacture, sale, use or operation of qualified anti- +terrorism technologies, under which each party to the waiver +agrees to be responsible for losses, including business +interruption losses, that it sustains, or for losses sustained +by its own employees resulting from an activity resulting from +an act of terrorism when qualified anti-terrorism technologies +have been deployed in defense against or response or recovery +from such act. + (c) Extent of Liability.--Notwithstanding any other +provision of law, liability for all claims against a Seller +arising out of, relating to, or resulting from an act of +terrorism when qualified anti-terrorism technologies have been +deployed in defense against or response or recovery from such +act and such claims result or may result in loss to the Seller, +whether for compensatory or punitive damages or for +contribution or indemnity, shall not be in an amount greater +than the limits of liability insurance coverage required to be +maintained by the Seller under this section. + +SEC. 865. [6 U.S.C. 444] DEFINITIONS. + + For purposes of this subtitle, the following definitions +apply: + (1) Qualified anti-terrorism technology.--For + purposes of this subtitle, the term ``qualified anti- + terrorism technology'' means any product, equipment, + service (including support services), device, or + technology (including information technology) designed, + developed, modified, or procured for the specific + purpose of preventing, detecting, identifying, or + deterring acts of terrorism or limiting the harm such + acts might otherwise cause, that is designated as such + by the Secretary. + (2) Act of terrorism.--(A) The term ``act of + terrorism'' means any act that the Secretary determines + meets the requirements under subparagraph (B), as such + requirements are further defined and specified by the + Secretary. + (B) Requirements.--An act meets the requirements of + this subparagraph if the act-- + (i) is unlawful; + (ii) causes harm to a person, property, or + entity, in the United States, or in the case of + a domestic United States air carrier or a + United States-flag vessel (or a vessel based + principally in the United States on which + United States income tax is paid and whose + insurance coverage is subject to regulation in + the United States), in or outside the United + States; and + (iii) uses or attempts to use + instrumentalities, weapons or other methods + designed or intended to cause mass destruction, + injury or other loss to citizens or + institutions of the United States. + (3) Insurance carrier.--The term ``insurance + carrier'' means any corporation, association, society, + order, firm, company, mutual, partnership, individual + aggregation of individuals, or any other legal entity + that provides commercial property and casualty + insurance. Such term includes any affiliates of a + commercial insurance carrier. + (4) Liability insurance.-- + (A) In general.--The term ``liability + insurance'' means insurance for legal + liabilities incurred by the insured resulting + from-- + (i) loss of or damage to property + of others; + (ii) ensuing loss of income or + extra expense incurred because of loss + of or damage to property of others; + (iii) bodily injury (including) to + persons other than the insured or its + employees; or + (iv) loss resulting from debt or + default of another. + (5) Loss.--The term ``loss'' means death, bodily + injury, or loss of or damage to property, including + business interruption loss. + (6) Non-federal government customers.--The term + ``non-Federal Government customers'' means any customer + of a Seller that is not an agency or instrumentality of + the United States Government with authority under + Public Law 85-804 to provide for indemnification under + certain circumstances for third-party claims against + its contractors, including but not limited to State and + local authorities and commercial entities. + + Subtitle H--Miscellaneous Provisions + +SEC. 871. [6 U.S.C. 451] ADVISORY COMMITTEES. + + (a) In General.--The Secretary may establish, appoint +members of, and use the services of, advisory committees, as +the Secretary may deem necessary. An advisory committee +established under this section may be exempted by the Secretary +from Public Law 92-463, but the Secretary shall publish notice +in the Federal Register announcing the establishment of such a +committee and identifying its purpose and membership. +Notwithstanding the preceding sentence, members of an advisory +committee that is exempted by the Secretary under the preceding +sentence who are special Government employees (as that term is +defined in section 202 of title 18, United States Code) shall +be eligible for certifications under subsection (b)(3) of +section 208 of title 18, United States Code, for official +actions taken as a member of such advisory committee. + (b) Termination.--Any advisory committee established by the +Secretary shall terminate 2 years after the date of its +establishment, unless the Secretary makes a written +determination to extend the advisory committee to a specified +date, which shall not be more than 2 years after the date on +which such determination is made. The Secretary may make any +number of subsequent extensions consistent with this +subsection. + +SEC. 872. [6 U.S.C. 452] REORGANIZATION. + + (a) Reorganization.--The Secretary may allocate or +reallocate functions among the officers of the Department, and +may establish, consolidate, alter, or discontinue +organizational units within the Department, but only-- + (1) pursuant to section 1502(b); or + (2) after the expiration of 60 days after providing + notice of such action to the appropriate congressional + committees, which shall include an explanation of the + rationale for the action. + (b) Limitations.-- + (1) In general.--Authority under subsection (a)(1) + does not extend to the abolition of any agency, entity, + organizational unit, program, or function established + or required to be maintained by this Act. + (2) Abolitions.--Authority under subsection (a)(2) + does not extend to the abolition of any agency, entity, + organizational unit, program, or function established + or required to be maintained by statute. + +SEC. 873. [6 U.S.C. 453] USE OF APPROPRIATED FUNDS. + + (a) Disposal of Property.-- + (1) Strict compliance.--If specifically authorized + to dispose of real property in this or any other Act, + the Secretary shall exercise this authority in strict + compliance with section 204 of the Federal Property and + Administrative Services Act of 1949 (40 U.S.C. 485). + (2) Deposit of proceeds.--The Secretary shall + deposit the proceeds of any exercise of property + disposal authority into the miscellaneous receipts of + the Treasury in accordance with section 3302(b) of + title 31, United States Code. + (b) Gifts.--Except as authorized by section 2601 of title +10, United States Code, and by section 93 of title 14, United +States Code, gifts \1\ or donations of services or property of +or for the Department may not be accepted, used, or disposed of +unless specifically permitted in advance in an appropriations +Act and only under the conditions and for the purposes +specified in such appropriations Act. +--------------------------------------------------------------------------- + \1\ Section 103(3) of Public Law 108-7 (117 Stat. 529) amends +subsection (b) by inserting ``Except as authorized by section 2601 of +title 10, United States Code, and by section 93 of title 14, United +States Code,'' before the word ``Gifts'' in the second place it appears +and by striking the letter ``G'' and inserting in lieu thereof ``g'' in +the word ``Gifts'' in the second place it appears. The word ``Gifts'' +appears once in the text, however, the amendments have been executed to +reflect the probable intent of Congress. +--------------------------------------------------------------------------- + (c) Budget Request.--Under section 1105 of title 31, United +States Code, the President shall submit to Congress a detailed +budget request for the Department for fiscal year 2004, and for +each subsequent fiscal year. + +SEC. 874. [6 U.S.C. 454] FUTURE YEAR HOMELAND SECURITY PROGRAM. + + (a) In General.--Each budget request submitted to Congress +for the Department under section 1105 of title 31, United +States Code, shall, at or about the same time, be accompanied +by a Future Years Homeland Security Program. + (b) Contents.--The Future Years Homeland Security Program +under subsection (a) shall-- + (1) include the same type of information, + organizational structure, and level of detail as the + future years defense program submitted to Congress by + the Secretary of Defense under section 221 of title 10, + United States Code; + (2) set forth the homeland security strategy of the + Department, which shall be developed and updated as + appropriate annually by the Secretary, that was used to + develop program planning guidance for the Future Years + Homeland Security Program; and + (3) include an explanation of how the resource + allocations included in the Future Years Homeland + Security Program correlate to the homeland security + strategy set forth under paragraph (2). + (c) Effective Date.--This section shall take effect with +respect to the preparation and submission of the fiscal year +2005 budget request for the Department and for any subsequent +fiscal year, except that the first Future Years Homeland +Security Program shall be submitted not later than 90 days +after the Department's fiscal year 2005 budget request is +submitted to Congress. + +SEC. 875. [6 U.S.C. 455] MISCELLANEOUS AUTHORITIES. + + (a) Seal.--The Department shall have a seal, whose design +is subject to the approval of the President. + (b) Participation of Members of the Armed Forces.--With +respect to the Department, the Secretary shall have the same +authorities that the Secretary of Transportation has with +respect to the Department of Transportation under section 324 +of title 49, United States Code. + (c) Redelegation of Functions.--Unless otherwise provided +in the delegation or by law, any function delegated under this +Act may be redelegated to any subordinate. + +SEC. 876. [6 U.S.C. 456] MILITARY ACTIVITIES. + + Nothing in this Act shall confer upon the Secretary any +authority to engage in warfighting, the military defense of the +United States, or other military activities, nor shall anything +in this Act limit the existing authority of the Department of +Defense or the Armed Forces to engage in warfighting, the +military defense of the United States, or other military +activities. + +SEC. 877. [6 U.S.C. 457] REGULATORY AUTHORITY AND PREEMPTION. + + (a) Regulatory Authority.--Except as otherwise provided in +sections 306(c), 862(c), and 1706(b), this Act vests no new +regulatory authority in the Secretary or any other Federal +official, and transfers to the Secretary or another Federal +official only such regulatory authority as exists on the date +of enactment of this Act within any agency, program, or +function transferred to the Department pursuant to this Act, or +that on such date of enactment is exercised by another official +of the executive branch with respect to such agency, program, +or function. Any such transferred authority may not be +exercised by an official from whom it is transferred upon +transfer of such agency, program, or function to the Secretary +or another Federal official pursuant to this Act. This Act may +not be construed as altering or diminishing the regulatory +authority of any other executive agency, except to the extent +that this Act transfers such authority from the agency. + (b) Preemption of State or Local Law.--Except as otherwise +provided in this Act, this Act preempts no State or local law, +except that any authority to preempt State or local law vested +in any Federal agency or official transferred to the Department +pursuant to this Act shall be transferred to the Department +effective on the date of the transfer to the Department of that +Federal agency or official. + +SEC. 878. [6 U.S.C. 458] OFFICE OF COUNTERNARCOTICS ENFORCEMENT. + + (a) Office.--There is established in the Department an +Office of Counternarcotics Enforcement, which shall be headed +by a Director appointed by the President, by and with the +advice and consent of the Senate. + (b) Assignment of Personnel.-- + (1) In general.--The Secretary shall assign + permanent staff to the Office, consistent with + effective management of Department resources. + (2) Liaisons.--The Secretary shall designate senior + employees from each appropriate subdivision of the + Department that has significant counternarcotics + responsibilities to act as a liaison between that + subdivision and the Office of Counternarcotics + Enforcement. + (c) Limitation on Concurrent Employment.--The Director of +the Office of Counternarcotics Enforcement shall not be +employed by, assigned to, or serve as the head of, any other +branch of the Federal Government, any State or local +government, or any subdivision of the Department other than the +Office of Counternarcotics Enforcement. + (d) Responsibilities.--The Secretary shall direct the +Director of the Office of Counternarcotics Enforcement-- + (1) to coordinate policy and operations within the + Department, between the Department and other Federal + departments and agencies, and between the Department + and State and local agencies with respect to stopping + the entry of illegal drugs into the United States; + (2) to ensure the adequacy of resources within the + Department for stopping the entry of illegal drugs into + the United States; + (3) to recommend the appropriate financial and + personnel resources necessary to help the Department + better fulfill its responsibility to stop the entry of + illegal drugs into the United States; + (4) within the Joint Terrorism Task Force construct + to track and sever connections between illegal drug + trafficking and terrorism; and + (5) to be a representative of the Department on all + task forces, committees, or other entities whose + purpose is to coordinate the counternarcotics + enforcement activities of the Department and other + Federal, State or local agencies. + (e) Savings Clause.--Nothing in this section shall be +construed to authorize direct control of the operations +conducted by the Directorate of Border and Transportation +Security, the Coast Guard, or joint terrorism task forces. + (f) Reports to Congress.-- + (1) Annual budget review.--The Director of the + Office of Counternarcotics Enforcement shall, not later + than 30 days after the submission by the President to + Congress of any request for expenditures for the + Department, submit to the Committees on Appropriations + and the authorizing committees of jurisdiction of the + House of Representatives and the Senate a review and + evaluation of such request. The review and evaluation + shall-- + (A) identify any request or subpart of any + request that affects or may affect the + counternarcotics activities of the Department + or any of its subdivisions, or that affects the + ability of the Department or any subdivision of + the Department to meet its responsibility to + stop the entry of illegal drugs into the United + States; + (B) describe with particularity how such + requested funds would be or could be expended + in furtherance of counternarcotics activities; + and + (C) compare such requests with requests for + expenditures and amounts appropriated by + Congress in the previous fiscal year. + (2) Evaluation of counternarcotics activities.--The + Director of the Office of Counternarcotics Enforcement + shall, not later than February 1 of each year, submit + to the Committees on Appropriations and the authorizing + committees of jurisdiction of the House of + Representatives and the Senate a review and evaluation + of the counternarcotics activities of the Department + for the previous fiscal year. The review and evaluation + shall-- + (A) describe the counternarcotics + activities of the Department and each + subdivision of the Department (whether + individually or in cooperation with other + subdivisions of the Department, or in + cooperation with other branches of the Federal + Government or with State or local agencies), + including the methods, procedures, and systems + (including computer systems) for collecting, + analyzing, sharing, and disseminating + information concerning narcotics activity + within the Department and between the + Department and other Federal, State, and local + agencies; + (B) describe the results of those + activities, using quantifiable data whenever + possible; + (C) state whether those activities were + sufficient to meet the responsibility of the + Department to stop the entry of illegal drugs + into the United States, including a description + of the performance measures of effectiveness + that were used in making that determination; + and + (D) recommend, where appropriate, changes + to those activities to improve the performance + of the Department in meeting its responsibility + to stop the entry of illegal drugs into the + United States. + (3) Classified or law enforcement sensitive + information.--Any content of a review and evaluation + described in the reports required in this subsection + that involves information classified under criteria + established by an Executive order, or whose public + disclosure, as determined by the Secretary, would be + detrimental to the law enforcement or national security + activities of the Department or any other Federal, + State, or local agency, shall be presented to Congress + separately from the rest of the review and evaluation. + +SEC. 879. [6 U.S.C. 459] OFFICE OF INTERNATIONAL AFFAIRS. + + (a) Establishment.--There is established within the Office +of the Secretary an Office of International Affairs. The Office +shall be headed by a Director, who shall be a senior official +appointed by the Secretary. + (b) Duties of the Director.--The Director shall have the +following duties: + (1) To promote information and education exchange + with nations friendly to the United States in order to + promote sharing of best practices and technologies + relating to homeland security. Such exchange shall + include the following: + (A) Exchange of information on research and + development on homeland security technologies. + (B) Joint training exercises of first + responders. + (C) Exchange of expertise on terrorism + prevention, response, and crisis management. + (2) To identify areas for homeland security + information and training exchange where the United + States has a demonstrated weakness and another friendly + nation or nations have a demonstrated expertise. + (3) To plan and undertake international + conferences, exchange programs, and training + activities. + (4) To manage international activities within the + Department in coordination with other Federal officials + with responsibility for counter-terrorism matters. + +SEC. 880. [6 U.S.C. 460] PROHIBITION OF THE TERRORISM INFORMATION AND + PREVENTION SYSTEM. + + Any and all activities of the Federal Government to +implement the proposed component program of the Citizen Corps +known as Operation TIPS (Terrorism Information and Prevention +System) are hereby prohibited. + +SEC. 881. [6 U.S.C. 461] REVIEW OF PAY AND BENEFIT PLANS. + + Notwithstanding any other provision of this Act, the +Secretary shall, in consultation with the Director of the +Office of Personnel Management, review the pay and benefit +plans of each agency whose functions are transferred under this +Act to the Department and, within 90 days after the date of +enactment, submit a plan to the President of the Senate and the +Speaker of the House of Representatives and the appropriate +committees and subcommittees of Congress, for ensuring, to the +maximum extent practicable, the elimination of disparities in +pay and benefits throughout the Department, especially among +law enforcement personnel, that are inconsistent with merit +system principles set forth in section 2301 of title 5, United +States Code. + +SEC. 882. [6 U.S.C. 462] OFFICE FOR NATIONAL CAPITAL REGION + COORDINATION. + + (a) Establishment.-- + (1) In general.--There is established within the + Office of the Secretary the Office of National Capital + Region Coordination, to oversee and coordinate Federal + programs for and relationships with State, local, and + regional authorities in the National Capital Region, as + defined under section 2674(f)(2) of title 10, United + States Code. + (2) Director.--The Office established under + paragraph (1) shall be headed by a Director, who shall + be appointed by the Secretary. + (3) Cooperation.--The Secretary shall cooperate + with the Mayor of the District of Columbia, the + Governors of Maryland and Virginia, and other State, + local, and regional officers in the National Capital + Region to integrate the District of Columbia, Maryland, + and Virginia into the planning, coordination, and + execution of the activities of the Federal Government + for the enhancement of domestic preparedness against + the consequences of terrorist attacks. + (b) Responsibilities.--The Office established under +subsection (a)(1) shall-- + (1) coordinate the activities of the Department + relating to the National Capital Region, including + cooperation with the Office for State and Local + Government Coordination; + (2) assess, and advocate for, the resources needed + by State, local, and regional authorities in the + National Capital Region to implement efforts to secure + the homeland; + (3) provide State, local, and regional authorities + in the National Capital Region with regular + information, research, and technical support to assist + the efforts of State, local, and regional authorities + in the National Capital Region in securing the + homeland; + (4) develop a process for receiving meaningful + input from State, local, and regional authorities and + the private sector in the National Capital Region to + assist in the development of the homeland security + plans and activities of the Federal Government; + (5) coordinate with Federal agencies in the + National Capital Region on terrorism preparedness, to + ensure adequate planning, information sharing, + training, and execution of the Federal role in domestic + preparedness activities; + (6) coordinate with Federal, State, local, and + regional agencies, and the private sector in the + National Capital Region on terrorism preparedness to + ensure adequate planning, information sharing, + training, and execution of domestic preparedness + activities among these agencies and entities; and + (7) serve as a liaison between the Federal + Government and State, local, and regional authorities, + and private sector entities in the National Capital + Region to facilitate access to Federal grants and other + programs. + (c) Annual Report.--The Office established under subsection +(a) shall submit an annual report to Congress that includes-- + (1) the identification of the resources required to + fully implement homeland security efforts in the + National Capital Region; + (2) an assessment of the progress made by the + National Capital Region in implementing homeland + security efforts; and + (3) recommendations to Congress regarding the + additional resources needed to fully implement homeland + security efforts in the National Capital Region. + (d) Limitation.--Nothing contained in this section shall be +construed as limiting the power of State and local governments. + +SEC. 883. [6 U.S.C. 463] REQUIREMENT TO COMPLY WITH LAWS PROTECTING + EQUAL EMPLOYMENT OPPORTUNITY AND PROVIDING + WHISTLEBLOWER PROTECTIONS. + + Nothing in this Act shall be construed as exempting the +Department from requirements applicable with respect to +executive agencies-- + (1) to provide equal employment protection for + employees of the Department (including pursuant to the + provisions in section 2302(b)(1) of title 5, United + States Code, and the Notification and Federal Employee + Antidiscrimination and Retaliation Act of 2002 (Public + Law 107-174)); or + (2) to provide whistleblower protections for + employees of the Department (including pursuant to the + provisions in section 2302(b)(8) and (9) of such title + and the Notification and Federal Employee + Antidiscrimination and Retaliation Act of 2002). + +SEC. 884. [6 U.S.C. 464] FEDERAL LAW ENFORCEMENT TRAINING CENTER. + + (a) In General.--The transfer of an authority or an agency +under this Act to the Department of Homeland Security does not +affect training agreements already entered into with the +Federal Law Enforcement Training Center with respect to the +training of personnel to carry out that authority or the duties +of that transferred agency. + (b) Continuity of Operations.--All activities of the +Federal Law Enforcement Training Center transferred to the +Department of Homeland Security under this Act shall continue +to be carried out at the locations such activities were carried +out before such transfer. + +SEC. 885. [6 U.S.C. 465] JOINT INTERAGENCY TASK FORCE. + + (a) Establishment.--The Secretary may establish and operate +a permanent Joint Interagency Homeland Security Task Force +composed of representatives from military and civilian agencies +of the United States Government for the purposes of +anticipating terrorist threats against the United States and +taking appropriate actions to prevent harm to the United +States. + (b) Structure.--It is the sense of Congress that the +Secretary should model the Joint Interagency Homeland Security +Task Force on the approach taken by the Joint Interagency Task +Forces for drug interdiction at Key West, Florida and Alameda, +California, to the maximum extent feasible and appropriate. + +SEC. 886. [6 U.S.C. 466] SENSE OF CONGRESS REAFFIRMING THE CONTINUED + IMPORTANCE AND APPLICABILITY OF THE POSSE COMITATUS + ACT. + + (a) Findings.--Congress finds the following: + (1) Section 1385 of title 18, United States Code + (commonly known as the ``Posse Comitatus Act''), + prohibits the use of the Armed Forces as a posse + comitatus to execute the laws except in cases and under + circumstances expressly authorized by the Constitution + or Act of Congress. + (2) Enacted in 1878, the Posse Comitatus Act was + expressly intended to prevent United States Marshals, + on their own initiative, from calling on the Army for + assistance in enforcing Federal law. + (3) The Posse Comitatus Act has served the Nation + well in limiting the use of the Armed Forces to enforce + the law. + (4) Nevertheless, by its express terms, the Posse + Comitatus Act is not a complete barrier to the use of + the Armed Forces for a range of domestic purposes, + including law enforcement functions, when the use of + the Armed Forces is authorized by Act of Congress or + the President determines that the use of the Armed + Forces is required to fulfill the President's + obligations under the Constitution to respond promptly + in time of war, insurrection, or other serious + emergency. + (5) Existing laws, including chapter 15 of title + 10, United States Code (commonly known as the + ``Insurrection Act''), and the Robert T. Stafford + Disaster Relief and Emergency Assistance Act (42 U.S.C. + 5121 et seq.), grant the President broad powers that + may be invoked in the event of domestic emergencies, + including an attack against the Nation using weapons of + mass destruction, and these laws specifically authorize + the President to use the Armed Forces to help restore + public order. + (b) Sense of Congress.--Congress reaffirms the continued +importance of section 1385 of title 18, United States Code, and +it is the sense of Congress that nothing in this Act should be +construed to alter the applicability of such section to any use +of the Armed Forces as a posse comitatus to execute the laws. + +SEC. 887. [6 U.S.C. 467] COORDINATION WITH THE DEPARTMENT OF HEALTH AND + HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE ACT. + + (a) In General.--The annual Federal response plan developed +by the Department shall be consistent with section 319 of the +Public Health Service Act (42 U.S.C. 247d). + (b) Disclosures Among Relevant Agencies.-- + (1) In general.--Full disclosure among relevant + agencies shall be made in accordance with this + subsection. + (2) Public health emergency.--During the period in + which the Secretary of Health and Human Services has + declared the existence of a public health emergency + under section 319(a) of the Public Health Service Act + (42 U.S.C. 247d(a)), the Secretary of Health and Human + Services shall keep relevant agencies, including the + Department of Homeland Security, the Department of + Justice, and the Federal Bureau of Investigation, fully + and currently informed. + (3) Potential public health emergency.--In cases + involving, or potentially involving, a public health + emergency, but in which no determination of an + emergency by the Secretary of Health and Human Services + under section 319(a) of the Public Health Service Act + (42 U.S.C. 247d(a)), has been made, all relevant + agencies, including the Department of Homeland + Security, the Department of Justice, and the Federal + Bureau of Investigation, shall keep the Secretary of + Health and Human Services and the Director of the + Centers for Disease Control and Prevention fully and + currently informed. + +SEC. 888. [6 U.S.C. 468] PRESERVING COAST GUARD MISSION PERFORMANCE. + + (a) Definitions.--In this section: + (1) Non-homeland security missions.--The term + ``non-homeland security missions'' means the following + missions of the Coast Guard: + (A) Marine safety. + (B) Search and rescue. + (C) Aids to navigation. + (D) Living marine resources (fisheries law + enforcement). + (E) Marine environmental protection. + (F) Ice operations. + (2) Homeland security missions.--The term + ``homeland security missions'' means the following + missions of the Coast Guard: + (A) Ports, waterways and coastal security. + (B) Drug interdiction. + (C) Migrant interdiction. + (D) Defense readiness. + (E) Other law enforcement. + (b) Transfer.--There are transferred to the Department the +authorities, functions, personnel, and assets of the Coast +Guard, which shall be maintained as a distinct entity within +the Department, including the authorities and functions of the +Secretary of Transportation relating thereto. + (c) Maintenance of Status of Functions and Assets.-- +Notwithstanding any other provision of this Act, the +authorities, functions, and capabilities of the Coast Guard to +perform its missions shall be maintained intact and without +significant reduction after the transfer of the Coast Guard to +the Department, except as specified in subsequent Acts. + (d) Certain Transfers Prohibited.--No mission, function, or +asset (including for purposes of this subsection any ship, +aircraft, or helicopter) of the Coast Guard may be diverted to +the principal and continuing use of any other organization, +unit, or entity of the Department, except for details or +assignments that do not reduce the Coast Guard's capability to +perform its missions. + (e) Changes to Missions.-- + (1) Prohibition.--The Secretary may not + substantially or significantly reduce the missions of + the Coast Guard or the Coast Guard's capability to + perform those missions, except as specified in + subsequent Acts. + (2) Waiver.--The Secretary may waive the + restrictions under paragraph (1) for a period of not to + exceed 90 days upon a declaration and certification by + the Secretary to Congress that a clear, compelling, and + immediate need exists for such a waiver. A + certification under this paragraph shall include a + detailed justification for the declaration and + certification, including the reasons and specific + information that demonstrate that the Nation and the + Coast Guard cannot respond effectively if the + restrictions under paragraph (1) are not waived. + (f) Annual Review.-- + (1) In general.--The Inspector General of the + Department shall conduct an annual review that shall + assess thoroughly the performance by the Coast Guard of + all missions of the Coast Guard (including non-homeland + security missions and homeland security missions) with + a particular emphasis on examining the non-homeland + security missions. + (2) Report.--The report under this paragraph shall + be submitted to-- + (A) the Committee on Governmental Affairs + of the Senate; + (B) the Committee on Government Reform of + the House of Representatives; + (C) the Committees on Appropriations of the + Senate and the House of Representatives; + (D) the Committee on Commerce, Science, and + Transportation of the Senate; and + (E) the Committee on Transportation and + Infrastructure of the House of Representatives. + (g) Direct Reporting to Secretary.--Upon the transfer of +the Coast Guard to the Department, the Commandant shall report +directly to the Secretary without being required to report +through any other official of the Department. + (h) Operation as a Service in the Navy.--None of the +conditions and restrictions in this section shall apply when +the Coast Guard operates as a service in the Navy under section +3 of title 14, United States Code. + (i) Report on Accelerating the Integrated Deepwater +System.--Not later than 90 days after the date of enactment of +this Act, the Secretary, in consultation with the Commandant of +the Coast Guard, shall submit a report to the Committee on +Commerce, Science, and Transportation of the Senate, the +Committee on Transportation and Infrastructure of the House of +Representatives, and the Committees on Appropriations of the +Senate and the House of Representatives that-- + (1) analyzes the feasibility of accelerating the + rate of procurement in the Coast Guard's Integrated + Deepwater System from 20 years to 10 years; + (2) includes an estimate of additional resources + required; + (3) describes the resulting increased capabilities; + (4) outlines any increases in the Coast Guard's + homeland security readiness; + (5) describes any increases in operational + efficiencies; and + (6) provides a revised asset phase-in time line. + * * * * * * * + +SEC. 889. HOMELAND SECURITY FUNDING ANALYSIS IN PRESIDENT'S BUDGET. + + (a) * * * + * * * * * * * + (c) [31 U.S.C. 1105 note] Effective Date.--This section and +the amendment made by this section shall apply beginning with +respect to the fiscal year 2005 budget submission. + * * * * * * * + + Subtitle I--Information Sharing + +SEC. 891. [6 U.S.C. 481] SHORT TITLE; FINDINGS; AND SENSE OF CONGRESS. + + (a) Short Title.--This subtitle may be cited as the +``Homeland Security Information Sharing Act''. + (b) Findings.--Congress finds the following: + (1) The Federal Government is required by the + Constitution to provide for the common defense, which + includes terrorist attack. + (2) The Federal Government relies on State and + local personnel to protect against terrorist attack. + (3) The Federal Government collects, creates, + manages, and protects classified and sensitive but + unclassified information to enhance homeland security. + (4) Some homeland security information is needed by + the State and local personnel to prevent and prepare + for terrorist attack. + (5) The needs of State and local personnel to have + access to relevant homeland security information to + combat terrorism must be reconciled with the need to + preserve the protected status of such information and + to protect the sources and methods used to acquire such + information. + (6) Granting security clearances to certain State + and local personnel is one way to facilitate the + sharing of information regarding specific terrorist + threats among Federal, State, and local levels of + government. + (7) Methods exist to declassify, redact, or + otherwise adapt classified information so it may be + shared with State and local personnel without the need + for granting additional security clearances. + (8) State and local personnel have capabilities and + opportunities to gather information on suspicious + activities and terrorist threats not possessed by + Federal agencies. + (9) The Federal Government and State and local + governments and agencies in other jurisdictions may + benefit from such information. + (10) Federal, State, and local governments and + intelligence, law enforcement, and other emergency + preparation and response agencies must act in + partnership to maximize the benefits of information + gathering and analysis to prevent and respond to + terrorist attacks. + (11) Information systems, including the National + Law Enforcement Telecommunications System and the + Terrorist Threat Warning System, have been established + for rapid sharing of classified and sensitive but + unclassified information among Federal, State, and + local entities. + (12) Increased efforts to share homeland security + information should avoid duplicating existing + information systems. + (c) Sense of Congress.--It is the sense of Congress that +Federal, State, and local entities should share homeland +security information to the maximum extent practicable, with +special emphasis on hard-to-reach urban and rural communities. + +SEC. 892. [6 U.S.C. 482] FACILITATING HOMELAND SECURITY INFORMATION + SHARING PROCEDURES. + + (a) Procedures for Determining Extent of Sharing of +Homeland Security Information.-- + (1) The President shall prescribe and implement + procedures under which relevant Federal agencies-- + (A) share relevant and appropriate homeland + security information with other Federal + agencies, including the Department, and + appropriate State and local personnel; + (B) identify and safeguard homeland + security information that is sensitive but + unclassified; and + (C) to the extent such information is in + classified form, determine whether, how, and to + what extent to remove classified information, + as appropriate, and with which such personnel + it may be shared after such information is + removed. + (2) The President shall ensure that such procedures + apply to all agencies of the Federal Government. + (3) Such procedures shall not change the + substantive requirements for the classification and + safeguarding of classified information. + (4) Such procedures shall not change the + requirements and authorities to protect sources and + methods. + (b) Procedures for Sharing of Homeland Security +Information.-- + (1) Under procedures prescribed by the President, + all appropriate agencies, including the intelligence + community, shall, through information sharing systems, + share homeland security information with Federal + agencies and appropriate State and local personnel to + the extent such information may be shared, as + determined in accordance with subsection (a), together + with assessments of the credibility of such + information. + (2) Each information sharing system through which + information is shared under paragraph (1) shall-- + (A) have the capability to transmit + unclassified or classified information, though + the procedures and recipients for each + capability may differ; + (B) have the capability to restrict + delivery of information to specified subgroups + by geographic location, type of organization, + position of a recipient within an organization, + or a recipient's need to know such information; + (C) be configured to allow the efficient + and effective sharing of information; and + (D) be accessible to appropriate State and + local personnel. + (3) The procedures prescribed under paragraph (1) + shall establish conditions on the use of information + shared under paragraph (1)-- + (A) to limit the redissemination of such + information to ensure that such information is + not used for an unauthorized purpose; + (B) to ensure the security and + confidentiality of such information; + (C) to protect the constitutional and + statutory rights of any individuals who are + subjects of such information; and + (D) to provide data integrity through the + timely removal and destruction of obsolete or + erroneous names and information. + (4) The procedures prescribed under paragraph (1) + shall ensure, to the greatest extent practicable, that + the information sharing system through which + information is shared under such paragraph include + existing information sharing systems, including, but + not limited to, the National Law Enforcement + Telecommunications System, the Regional Information + Sharing System, and the Terrorist Threat Warning System + of the Federal Bureau of Investigation. + (5) Each appropriate Federal agency, as determined + by the President, shall have access to each information + sharing system through which information is shared + under paragraph (1), and shall therefore have access to + all information, as appropriate, shared under such + paragraph. + (6) The procedures prescribed under paragraph (1) + shall ensure that appropriate State and local personnel + are authorized to use such information sharing + systems-- + (A) to access information shared with such + personnel; and + (B) to share, with others who have access + to such information sharing systems, the + homeland security information of their own + jurisdictions, which shall be marked + appropriately as pertaining to potential + terrorist activity. + (7) Under procedures prescribed jointly by the + Director of Central Intelligence and the Attorney + General, each appropriate Federal agency, as determined + by the President, shall review and assess the + information shared under paragraph (6) and integrate + such information with existing intelligence. + (c) Sharing of Classified Information and Sensitive but +Unclassified Information With State and Local Personnel.-- + (1) The President shall prescribe procedures under + which Federal agencies may, to the extent the President + considers necessary, share with appropriate State and + local personnel homeland security information that + remains classified or otherwise protected after the + determinations prescribed under the procedures set + forth in subsection (a). + (2) It is the sense of Congress that such + procedures may include 1 or more of the following + means: + (A) Carrying out security clearance + investigations with respect to appropriate + State and local personnel. + (B) With respect to information that is + sensitive but unclassified, entering into + nondisclosure agreements with appropriate State + and local personnel. + (C) Increased use of information-sharing + partnerships that include appropriate State and + local personnel, such as the Joint Terrorism + Task Forces of the Federal Bureau of + Investigation, the Anti-Terrorism Task Forces + of the Department of Justice, and regional + Terrorism Early Warning Groups. + (3)(A) The Secretary shall establish a program to + provide appropriate training to officials described in + subparagraph (B) in order to assist such officials in-- + (i) identifying sources of potential + terrorist threats through such methods as the + Secretary determines appropriate; + (ii) reporting information relating to such + potential terrorist threats to the appropriate + Federal agencies in the appropriate form and + manner; + (iii) assuring that all reported + information is systematically submitted to and + passed on by the Department for use by + appropriate Federal agencies; and + (iv) understanding the mission and roles of + the intelligence community to promote more + effective information sharing among Federal, + State, and local officials and representatives + of the private sector to prevent terrorist + attacks against the United States. + (B) The officials referred to in subparagraph (A) + are officials of State and local government agencies + and representatives of private sector entities with + responsibilities relating to the oversight and + management of first responders, counterterrorism + activities, or critical infrastructure. + (C) The Secretary shall consult with the Attorney + General to ensure that the training program established + in subparagraph (A) does not duplicate the training + program established in section 908 of the USA PATRIOT + Act (Public Law 107-56; 28 U.S.C. 509 note). + (D) The Secretary shall carry out this paragraph in + consultation with the Director of Central Intelligence + and the Attorney General. + (d) Responsible Officials.--For each affected Federal +agency, the head of such agency shall designate an official to +administer this Act with respect to such agency. + (e) Federal Control of Information.--Under procedures +prescribed under this section, information obtained by a State +or local government from a Federal agency under this section +shall remain under the control of the Federal agency, and a +State or local law authorizing or requiring such a government +to disclose information shall not apply to such information. + (f) Definitions.--As used in this section: + (1) The term ``homeland security information'' + means any information possessed by a Federal, State, or + local agency that-- + (A) relates to the threat of terrorist + activity; + (B) relates to the ability to prevent, + interdict, or disrupt terrorist activity; + (C) would improve the identification or + investigation of a suspected terrorist or + terrorist organization; or + (D) would improve the response to a + terrorist act. + (2) The term ``intelligence community'' has the + meaning given such term in section 3(4) of the National + Security Act of 1947 (50 U.S.C. 401a(4)). + (3) The term ``State and local personnel'' means + any of the following persons involved in prevention, + preparation, or response for terrorist attack: + (A) State Governors, mayors, and other + locally elected officials. + (B) State and local law enforcement + personnel and firefighters. + (C) Public health and medical + professionals. + (D) Regional, State, and local emergency + management agency personnel, including State + adjutant generals. + (E) Other appropriate emergency response + agency personnel. + (F) Employees of private-sector entities + that affect critical infrastructure, cyber, + economic, or public health security, as + designated by the Federal Government in + procedures developed pursuant to this section. + (4) The term ``State'' includes the District of + Columbia and any commonwealth, territory, or possession + of the United States. + (g) Construction.--Nothing in this Act shall be construed +as authorizing any department, bureau, agency, officer, or +employee of the Federal Government to request, receive, or +transmit to any other Government entity or personnel, or +transmit to any State or local entity or personnel otherwise +authorized by this Act to receive homeland security +information, any information collected by the Federal +Government solely for statistical purposes in violation of any +other provision of law relating to the confidentiality of such +information. + +SEC. 893. [6 U.S.C. 483] REPORT. + + (a) Report Required.--Not later than 12 months after the +date of the enactment of this Act, the President shall submit +to the congressional committees specified in subsection (b) a +report on the implementation of section 892. The report shall +include any recommendations for additional measures or +appropriation requests, beyond the requirements of section 892, +to increase the effectiveness of sharing of information between +and among Federal, State, and local entities. + (b) Specified Congressional Committees.--The congressional +committees referred to in subsection (a) are the following +committees: + (1) The Permanent Select Committee on Intelligence + and the Committee on the Judiciary of the House of + Representatives. + (2) The Select Committee on Intelligence and the + Committee on the Judiciary of the Senate. + +SEC. 894. [6 U.S.C. 484] AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated such sums as may be +necessary to carry out section 892. + * * * * * * * + + Subtitle J--Secure Handling of Ammonium Nitrate + +SEC. 899A. [6 U.S.C. 488] DEFINITIONS. + + In this subtitle: + (1) Ammonium nitrate.--The term ``ammonium + nitrate'' means-- + (A) solid ammonium nitrate that is chiefly + the ammonium salt of nitric acid and contains + not less than 33 percent nitrogen by weight; + and + (B) any mixture containing a percentage of + ammonium nitrate that is equal to or greater + than the percentage determined by the Secretary + under section 899B(b). + (2) Ammonium nitrate facility.--The term ``ammonium + nitrate facility'' means any entity that produces, + sells or otherwise transfers ownership of, or provides + application services for ammonium nitrate. + (3) Ammonium nitrate purchaser.--The term + ``ammonium nitrate purchaser'' means any person who + purchases ammonium nitrate from an ammonium nitrate + facility. + +SEC. 899B. [6 U.S.C. 488A] REGULATION OF THE SALE AND TRANSFER OF + AMMONIUM NITRATE. + + (a) In General.--The Secretary shall regulate the sale and +transfer of ammonium nitrate by an ammonium nitrate facility in +accordance with this subtitle to prevent the misappropriation +or use of ammonium nitrate in an act of terrorism. + (b) Ammonium Nitrate Mixtures.--Not later than 90 days +after the date of the enactment of this subtitle, the +Secretary, in consultation with the heads of appropriate +Federal departments and agencies (including the Secretary of +Agriculture), shall, after notice and an opportunity for +comment, establish a threshold percentage for ammonium nitrate +in a substance. + (c) Registration of Owners of Ammonium Nitrate +Facilities.-- + (1) Registration.--The Secretary shall establish a + process by which any person that-- + (A) owns an ammonium nitrate facility is + required to register with the Department; and + (B) registers under subparagraph (A) is + issued a registration number for purposes of + this subtitle. + (2) Registration information.--Any person applying + to register under paragraph (1) shall submit to the + Secretary-- + (A) the name, address, and telephone number + of each ammonium nitrate facility owned by that + person; + (B) the name of the person designated by + that person as the point of contact for each + such facility, for purposes of this subtitle; + and + (C) such other information as the Secretary + may determine is appropriate. + (d) Registration of Ammonium Nitrate Purchasers.-- + (1) Registration.--The Secretary shall establish a + process by which any person that-- + (A) intends to be an ammonium nitrate + purchaser is required to register with the + Department; and + (B) registers under subparagraph (A) is + issued a registration number for purposes of + this subtitle. + (2) Registration information.--Any person applying + to register under paragraph (1) as an ammonium nitrate + purchaser shall submit to the Secretary-- + (A) the name, address, and telephone number + of the applicant; and + (B) the intended use of ammonium nitrate to + be purchased by the applicant. + (e) Records.-- + (1) Maintenance of records.--The owner of an + ammonium nitrate facility shall-- + (A) maintain a record of each sale or + transfer of ammonium nitrate, during the two- + year period beginning on the date of that sale + or transfer; and + (B) include in such record the information + described in paragraph (2). + (2) Specific information required.--For each sale + or transfer of ammonium nitrate, the owner of an + ammonium nitrate facility shall-- + (A) record the name, address, telephone + number, and registration number issued under + subsection (c) or (d) of each person that + purchases ammonium nitrate, in a manner + prescribed by the Secretary; + (B) if applicable, record the name, + address, and telephone number of an agent + acting on behalf of the person described in + subparagraph (A), at the point of sale; + (C) record the date and quantity of + ammonium nitrate sold or transferred; and + (D) verify the identity of the persons + described in subparagraphs (A) and (B), as + applicable, in accordance with a procedure + established by the Secretary. + (3) Protection of information.--In maintaining + records in accordance with paragraph (1), the owner of + an ammonium nitrate facility shall take reasonable + actions to ensure the protection of the information + included in such records. + (f) Exemption for Explosive Purposes.--The Secretary may +exempt from this subtitle a person producing, selling, or +purchasing ammonium nitrate exclusively for use in the +production of an explosive under a license or permit issued +under chapter 40 of title 18, United States Code. + (g) Consultation.--In carrying out this section, the +Secretary shall consult with the Secretary of Agriculture, +States, and appropriate private sector entities, to ensure that +the access of agricultural producers to ammonium nitrate is not +unduly burdened. + (h) Data Confidentiality.-- + (1) In general.--Notwithstanding section 552 of + title 5, United States Code, or the USA PATRIOT ACT + (Public Law 107-56; 115 Stat. 272), and except as + provided in paragraph (2), the Secretary may not + disclose to any person any information obtained under + this subtitle. + (2) Exception.--The Secretary may disclose any + information obtained by the Secretary under this + subtitle to-- + (A) an officer or employee of the United + States, or a person that has entered into a + contract with the United States, who has a need + to know the information to perform the duties + of the officer, employee, or person; or + (B) to a State agency under section 899D, + under appropriate arrangements to ensure the + protection of the information. + (i) Registration Procedures and Check of Terrorist +Screening Database.-- + (1) Registration procedures.-- + (A) Generally.--The Secretary shall + establish procedures to efficiently receive + applications for registration numbers under + this subtitle, conduct the checks required + under paragraph (2), and promptly issue or deny + a registration number. + (B) Initial six-month registration + period.--The Secretary shall take steps to + maximize the number of registration + applications that are submitted and processed + during the six-month period described in + section 899F(e). + (2) Check of terrorist screening database.-- + (A) Check required.--The Secretary shall + conduct a check of appropriate identifying + information of any person seeking to register + with the Department under subsection (c) or (d) + against identifying information that appears in + the terrorist screening database of the + Department. + (B) Authority to deny registration + number.--If the identifying information of a + person seeking to register with the Department + under subsection (c) or (d) appears in the + terrorist screening database of the Department, + the Secretary may deny issuance of a + registration number under this subtitle. + (3) Expedited review of applications.-- + (A) In general.--Following the six-month + period described in section 899F(e), the + Secretary shall, to the extent practicable, + issue or deny registration numbers under this + subtitle not later than 72 hours after the time + the Secretary receives a complete registration + application, unless the Secretary determines, + in the interest of national security, that + additional time is necessary to review an + application. + (B) Notice of application status.--In all + cases, the Secretary shall notify a person + seeking to register with the Department under + subsection (c) or (d) of the status of the + application of that person not later than 72 + hours after the time the Secretary receives a + complete registration application. + (4) Expedited appeals process.-- + (A) Requirement.-- + (i) Appeals process.--The Secretary + shall establish an expedited appeals + process for persons denied a + registration number under this + subtitle. + (ii) Time period for resolution.-- + The Secretary shall, to the extent + practicable, resolve appeals not later + than 72 hours after receiving a + complete request for appeal unless the + Secretary determines, in the interest + of national security, that additional + time is necessary to resolve an appeal. + (B) Consultation.--The Secretary, in + developing the appeals process under + subparagraph (A), shall consult with + appropriate stakeholders. + (C) Guidance.--The Secretary shall provide + guidance regarding the procedures and + information required for an appeal under + subparagraph (A) to any person denied a + registration number under this subtitle. + (5) Restrictions on use and maintenance of + information.-- + (A) In general.--Any information + constituting grounds for denial of a + registration number under this section shall be + maintained confidentially by the Secretary and + may be used only for making determinations + under this section. + (B) Sharing of information.-- + Notwithstanding any other provision of this + subtitle, the Secretary may share any such + information with Federal, State, local, and + tribal law enforcement agencies, as + appropriate. + (6) Registration information.-- + (A) Authority to require information.--The + Secretary may require a person applying for a + registration number under this subtitle to + submit such information as may be necessary to + carry out the requirements of this section. + (B) Requirement to update information.--The + Secretary may require persons issued a + registration under this subtitle to update + registration information submitted to the + Secretary under this subtitle, as appropriate. + (7) Re-checks against terrorist screening + database.-- + (A) Re-checks.--The Secretary shall, as + appropriate, recheck persons provided a + registration number pursuant to this subtitle + against the terrorist screening database of the + Department, and may revoke such registration + number if the Secretary determines such person + may pose a threat to national security. + (B) Notice of revocation.--The Secretary + shall, as appropriate, provide prior notice to + a person whose registration number is revoked + under this section and such person shall have + an opportunity to appeal, as provided in + paragraph (4). + +SEC. 899C. [6 U.S.C. 488B] INSPECTION AND AUDITING OF RECORDS. + + The Secretary shall establish a process for the periodic +inspection and auditing of the records maintained by owners of +ammonium nitrate facilities for the purpose of monitoring +compliance with this subtitle or for the purpose of deterring +or preventing the misappropriation or use of ammonium nitrate +in an act of terrorism. + +SEC. 899D. [6 U.S.C. 488C] ADMINISTRATIVE PROVISIONS. + + (a) Cooperative Agreements.--The Secretary-- + (1) may enter into a cooperative agreement with the + Secretary of Agriculture, or the head of any State + department of agriculture or its designee involved in + agricultural regulation, in consultation with the State + agency responsible for homeland security, to carry out + the provisions of this subtitle; and + (2) wherever possible, shall seek to cooperate with + State agencies or their designees that oversee ammonium + nitrate facility operations when seeking cooperative + agreements to implement the registration and + enforcement provisions of this subtitle. + (b) Delegation.-- + (1) Authority.--The Secretary may delegate to a + State the authority to assist the Secretary in the + administration and enforcement of this subtitle. + (2) Delegation required.--At the request of a + Governor of a State, the Secretary shall delegate to + that State the authority to carry out functions under + sections 899B and 899C, if the Secretary determines + that the State is capable of satisfactorily carrying + out such functions. + (3) Funding.--Subject to the availability of + appropriations, if the Secretary delegates functions to + a State under this subsection, the Secretary shall + provide to that State sufficient funds to carry out the + delegated functions. + (c) Provision of Guidance and Notification Materials to +Ammonium Nitrate Facilities.-- + (1) Guidance.--The Secretary shall make available + to each owner of an ammonium nitrate facility + registered under section 899B(c)(1) guidance on-- + (A) the identification of suspicious + ammonium nitrate purchases or transfers or + attempted purchases or transfers; + (B) the appropriate course of action to be + taken by the ammonium nitrate facility owner + with respect to such a purchase or transfer or + attempted purchase or transfer, including-- + (i) exercising the right of the + owner of the ammonium nitrate facility + to decline sale of ammonium nitrate; + and + (ii) notifying appropriate law + enforcement entities; and + (C) additional subjects determined + appropriate to prevent the misappropriation or + use of ammonium nitrate in an act of terrorism. + (2) Use of materials and programs.--In providing + guidance under this subsection, the Secretary shall, to + the extent practicable, leverage any relevant materials + and programs. + (3) Notification materials.-- + (A) In general.--The Secretary shall make + available materials suitable for posting at + locations where ammonium nitrate is sold. + (B) Design of materials.--Materials made + available under subparagraph (A) shall be + designed to notify prospective ammonium nitrate + purchasers of-- + (i) the record-keeping requirements + under section 899B; and + (ii) the penalties for violating + such requirements. + +SEC. 899E. [6 U.S.C. 488D] THEFT REPORTING REQUIREMENT. + + Any person who is required to comply with section 899B(e) +who has knowledge of the theft or unexplained loss of ammonium +nitrate shall report such theft or loss to the appropriate +Federal law enforcement authorities not later than 1 calendar +day of the date on which the person becomes aware of such theft +or loss. Upon receipt of such report, the relevant Federal +authorities shall inform State, local, and tribal law +enforcement entities, as appropriate. + +SEC. 899F. [6 U.S.C. 488E] PROHIBITIONS AND PENALTY. + + (a) Prohibitions.-- + (1) Taking possession.--No person shall purchase + ammonium nitrate from an ammonium nitrate facility + unless such person is registered under subsection (c) + or (d) of section 899B, or is an agent of a person + registered under subsection (c) or (d) of that section. + (2) Transferring possession.--An owner of an + ammonium nitrate facility shall not transfer possession + of ammonium nitrate from the ammonium nitrate facility + to any ammonium nitrate purchaser who is not registered + under subsection (c) or (d) of section 899B, or to any + agent acting on behalf of an ammonium nitrate purchaser + when such purchaser is not registered under subsection + (c) or (d) of section 899B. + (3) Other prohibitions.--No person shall-- + (A) purchase ammonium nitrate without a + registration number required under subsection + (c) or (d) of section 899B; + (B) own or operate an ammonium nitrate + facility without a registration number required + under section 899B(c); or + (C) fail to comply with any requirement or + violate any other prohibition under this + subtitle. + (b) Civil Penalty.--A person that violates this subtitle +may be assessed a civil penalty by the Secretary of not more +than $50,000 per violation. + (c) Penalty Considerations.--In determining the amount of a +civil penalty under this section, the Secretary shall +consider-- + (1) the nature and circumstances of the violation; + (2) with respect to the person who commits the + violation, any history of prior violations, the ability + to pay the penalty, and any effect the penalty is + likely to have on the ability of such person to do + business; and + (3) any other matter that the Secretary determines + that justice requires. + (d) Notice and Opportunity for a Hearing.--No civil penalty +may be assessed under this subtitle unless the person liable +for the penalty has been given notice and an opportunity for a +hearing on the violation for which the penalty is to be +assessed in the county, parish, or incorporated city of +residence of that person. + (e) Delay in Application of Prohibition.--Paragraphs (1) +and (2) of subsection (a) shall apply on and after the date +that is 6 months after the date that the Secretary issues a +final rule implementing this subtitle. + +SEC. 899G. [6 U.S.C. 488F] PROTECTION FROM CIVIL LIABILITY. + + (a) In General.--Notwithstanding any other provision of +law, an owner of an ammonium nitrate facility that in good +faith refuses to sell or transfer ammonium nitrate to any +person, or that in good faith discloses to the Department or to +appropriate law enforcement authorities an actual or attempted +purchase or transfer of ammonium nitrate, based upon a +reasonable belief that the person seeking purchase or transfer +of ammonium nitrate may use the ammonium nitrate to create an +explosive device to be employed in an act of terrorism (as +defined in section 3077 of title 18, United States Code), or to +use ammonium nitrate for any other unlawful purpose, shall not +be liable in any civil action relating to that refusal to sell +ammonium nitrate or that disclosure. + (b) Reasonable Belief.--A reasonable belief that a person +may use ammonium nitrate to create an explosive device to be +employed in an act of terrorism under subsection (a) may not +solely be based on the race, sex, national origin, creed, +religion, status as a veteran, or status as a member of the +Armed Forces of the United States of that person. + +SEC. 899H. [6 U.S.C. 488G] PREEMPTION OF OTHER LAWS. + + (a) Other Federal Regulations.--Except as provided in +section 899G, nothing in this subtitle affects any regulation +issued by any agency other than an agency of the Department. + (b) State Law.--Subject to section 899G, this subtitle +preempts the laws of any State to the extent that such laws are +inconsistent with this subtitle, except that this subtitle +shall not preempt any State law that provides additional +protection against the acquisition of ammonium nitrate by +terrorists or the use of ammonium nitrate in explosives in acts +of terrorism or for other illicit purposes, as determined by +the Secretary. + +SEC. 899I. [6 U.S.C. 488H] DEADLINES FOR REGULATIONS. + + The Secretary-- + (1) shall issue a proposed rule implementing this + subtitle not later than 6 months after the date of the + enactment of this subtitle; and + (2) issue a final rule implementing this subtitle + not later than 1 year after such date of enactment. + +SEC. 899J. [6 U.S.C. 488I] AUTHORIZATION OF APPROPRIATIONS. + + There are authorized to be appropriated to the Secretary-- + (1) $2,000,000 for fiscal year 2008; and + (2) $10,750,000 for each of fiscal years 2009 + through 2012. + + TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL + +SEC. 901. [6 U.S.C. 491] NATIONAL HOMELAND SECURITY COUNCIL. + + There is established within the Executive Office of the +President a council to be known as the ``Homeland Security +Council'' (in this title referred to as the ``Council''). + +SEC. 902. [6 U.S.C. 492] FUNCTION. + + The function of the Council shall be to advise the +President on homeland security matters. + +SEC. 903. [6 U.S.C. 493] MEMBERSHIP. + + (a) Members-- \1\The members of the Council shall be the +following: +--------------------------------------------------------------------------- + \1\ A period probably should appear prior to the dash in the +heading for subsection (a) of section 903. +--------------------------------------------------------------------------- + (1) The President. + (2) The Vice President. + (3) The Secretary of Homeland Security. + (4) The Attorney General. + (5) The Secretary of Defense. + (6) Such other individuals as may be designated by + the President. + (b) Attendance of Chairman of Joint Chiefs of Staff at +Meetings.--The Chairman of the Joint Chiefs of Staff (or, in +the absence of the Chairman, the Vice Chairman of the Joint +Chiefs of Staff) may, in the role of the Chairman of the Joint +Chiefs of Staff as principal military adviser to the Council +and subject to the direction of the President, attend and +participate in meetings of the Council. + +SEC. 904. [6 U.S.C. 494] OTHER FUNCTIONS AND ACTIVITIES. + + For the purpose of more effectively coordinating the +policies and functions of the United States Government relating +to homeland security, the Council shall-- + (1) assess the objectives, commitments, and risks + of the United States in the interest of homeland + security and to make resulting recommendations to the + President; + (2) oversee and review homeland security policies + of the Federal Government and to make resulting + recommendations to the President; and + (3) perform such other functions as the President + may direct. + +SEC. 905. [6 U.S.C. 495] STAFF COMPOSITION. + + The Council shall have a staff, the head of which shall be +a civilian Executive Secretary, who shall be appointed by the +President. The President is authorized to fix the pay of the +Executive Secretary at a rate not to exceed the rate of pay +payable to the Executive Secretary of the National Security +Council. + +SEC. 906. [6 U.S.C. 496] RELATION TO THE NATIONAL SECURITY COUNCIL. + + The President may convene joint meetings of the Homeland +Security Council and the National Security Council with +participation by members of either Council or as the President +may otherwise direct. + + TITLE X--INFORMATION SECURITY + +SEC. 1001. INFORMATION SECURITY. + + (a) [6 U.S.C. 101 note] Short Title.--This title may be +cited as the ``Federal Information Security Management Act of +2002''. + + * * * * * * * + + (c) [6 U.S.C. 511] Information Security Responsibilities of +Certain Agencies.-- + (1) National security responsibilities.--(A) + Nothing in this Act (including any amendment made by + this Act) shall supersede any authority of the + Secretary of Defense, the Director of Central + Intelligence, or other agency head, as authorized by + law and as directed by the President, with regard to + the operation, control, or management of national + security systems, as defined by section 3532(3) of + title 44, United States Code. + + * * * * * * * + + (2) Atomic energy act of 1954.--Nothing in this Act + shall supersede any requirement made by or under the + Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). + Restricted Data or Formerly Restricted Data shall be + handled, protected, classified, downgraded, and + declassified in conformity with the Atomic Energy Act + of 1954 (42 U.S.C. 2011 et seq.). + + * * * * * * * + + +SEC. 1006. [6 U.S.C. 512] CONSTRUCTION. + + Nothing in this Act, or the amendments made by this Act, +affects the authority of the National Institute of Standards +and Technology or the Department of Commerce relating to the +development and promulgation of standards or guidelines under +paragraphs (1) and (2) of section 20(a) of the National +Institute of Standards and Technology Act (15 U.S.C. 278g- +3(a)). + + TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS + + Subtitle A--Executive Office for Immigration Review + +SEC. 1101. LEGAL STATUS OF EOIR. + + (a) [6 U.S.C. 521] Existence of EOIR.--There is in the +Department of Justice the Executive Office for Immigration +Review, which shall be subject to the direction and regulation +of the Attorney General under section 103(g) of the Immigration +and Nationality Act, as added by section 1102. + + * * * * * * * + + +SEC. 1103. [6 U.S.C. 522] STATUTORY CONSTRUCTION. + + Nothing in this Act, any amendment made by this Act, or in +section 103 of the Immigration and Nationality Act, as amended +by section 1102, shall be construed to limit judicial deference +to regulations, adjudications, interpretations, orders, +decisions, judgments, or any other actions of the Secretary of +Homeland Security or the Attorney General. + +Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to + the Department of Justice + +SEC. 1111. [6 U.S.C. 531] BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND + EXPLOSIVES. + + (a) Establishment.-- + (1) In general.--There is established within the + Department of Justice under the general authority of + the Attorney General the Bureau of Alcohol, Tobacco, + Firearms, and Explosives (in this section referred to + as the ``Bureau''). + (2) Director.--There shall be at the head of the + Bureau a Director, Bureau of Alcohol, Tobacco, + Firearms, and Explosives (in this subtitle referred to + as the ``Director''). The Director shall be appointed + by the President, by and with the advice and consent of + the Senate and shall perform such functions as the + Attorney General shall direct. The Director shall + receive compensation at the rate prescribed by law + under section 5314 of title V, United States Code, for + positions at level III of the Executive Schedule. + (3) Coordination.--The Attorney General, acting + through the Director and such other officials of the + Department of Justice as the Attorney General may + designate, shall provide for the coordination of all + firearms, explosives, tobacco enforcement, and arson + enforcement functions vested in the Attorney General so + as to assure maximum cooperation between and among any + officer, employee, or agency of the Department of + Justice involved in the performance of these and + related functions. + (4) Performance of transferred functions.--The + Attorney General may make such provisions as the + Attorney General determines appropriate to authorize + the performance by any officer, employee, or agency of + the Department of Justice of any function transferred + to the Attorney General under this section. + (b) Responsibilities.--Subject to the direction of the +Attorney General, the Bureau shall be responsible for +investigating-- + (1) criminal and regulatory violations of the + Federal firearms, explosives, arson, alcohol, and + tobacco smuggling laws; + (2) the functions transferred by subsection (c); + and + (3) any other function related to the investigation + of violent crime or domestic terrorism that is + delegated to the Bureau by the Attorney General. + (c) Transfer of Authorities, Functions, Personnel, and +Assets to the Department of Justice.-- + (1) In general.--Subject to paragraph (2), but + notwithstanding any other provision of law, there are + transferred to the Department of Justice the + authorities, functions, personnel, and assets of the + Bureau of Alcohol, Tobacco and Firearms, which shall be + maintained as a distinct entity within the Department + of Justice, including the related functions of the + Secretary of the Treasury. + (2) Administration and revenue collection + functions.--There shall be retained within the + Department of the Treasury the authorities, functions, + personnel, and assets of the Bureau of Alcohol, Tobacco + and Firearms relating to the administration and + enforcement of chapters 51 and 52 of the Internal + Revenue Code of 1986, sections 4181 and 4182 of the + Internal Revenue Code of 1986, and title 27, United + States Code. + (3) Building prospectus.--Prospectus PDC-98W10, + giving the General Services Administration the + authority for site acquisition, design, and + construction of a new headquarters building for the + Bureau of Alcohol, Tobacco and Firearms, is + transferred, and deemed to apply, to the Bureau of + Alcohol, Tobacco, Firearms, and Explosives established + in the Department of Justice under subsection (a). + (d) Tax and Trade Bureau.-- + (1) Establishment.--There is established within the + Department of the Treasury the Tax and Trade Bureau. + (2) Administrator.--The Tax and Trade Bureau shall + be headed by an Administrator, who shall perform such + duties as assigned by the Under Secretary for + Enforcement of the Department of the Treasury. The + Administrator shall occupy a career-reserved position + within the Senior Executive Service. + (3) Responsibilities.--The authorities, functions, + personnel, and assets of the Bureau of Alcohol, Tobacco + and Firearms that are not transferred to the Department + of Justice under this section shall be retained and + administered by the Tax and Trade Bureau. + + * * * * * * * + + +SEC. 1114. [6 U.S.C. 532] EXPLOSIVES TRAINING AND RESEARCH FACILITY. + + (a) Establishment.--There is established within the Bureau +an Explosives Training and Research Facility at Fort AP Hill, +Fredericksburg, Virginia. + (b) Purpose.--The facility established under subsection (a) +shall be utilized to train Federal, State, and local law +enforcement officers to-- + (1) investigate bombings and explosions; + (2) properly handle, utilize, and dispose of + explosive materials and devices; + (3) train canines on explosive detection; and + (4) conduct research on explosives. + (c) Authorization of Appropriations.-- + (1) In general.--There are authorized to be + appropriated such sums as may be necessary to establish + and maintain the facility established under subsection + (a). + (2) Availability of funds.--Any amounts + appropriated pursuant to paragraph (1) shall remain + available until expended. + +SEC. 1115. [6 U.S.C. 533] PERSONNEL MANAGEMENT DEMONSTRATION PROJECT. + + Notwithstanding any other provision of law, the Personnel +Management Demonstration Project established under section 102 +of title I of division C of the Omnibus Consolidated and +Emergency Supplemental Appropriations Act for Fiscal Year 1999 +(Public Law 105-277; 122 Stat. 2681-585) shall be transferred +to the Attorney General of the United States for continued use +by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, +Department of Justice, and the Secretary of the Treasury for +continued use by the Tax and Trade Bureau. + + Subtitle C--Explosives + +SEC. 1121. [18 U.S.C. 841 NOTE] SHORT TITLE. + + This subtitle may be referred to as the ``Safe Explosives +Act''. + +SEC. 1122. PERMITS FOR PURCHASERS OF EXPLOSIVES. + + (a) * * * + + * * * * * * * + + (i) [18 U.S.C. 843 note] Effective Date.-- + (1) In general.--The amendments made by this + section shall take effect 180 days after the date of + enactment of this Act. + (2) Exception.--Notwithstanding any provision of + this Act, a license or permit issued under section 843 + of title 18, United States Code, before the date of + enactment of this Act, shall remain valid until that + license or permit is revoked under section 843(d) or + expires, or until a timely application for renewal is + acted upon. + + * * * * * * * + + +SEC. 1128. AUTHORIZATION OF APPROPRIATIONS. + + There is authorized to be appropriated such sums as +necessary to carry out this subtitle and the amendments made by +this subtitle. + +TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION + + * * * * * * * + + +SEC. 1204. REPORT. + + Not later than 90 days after the date of enactment of this +Act, the Secretary shall transmit to the Committee on Commerce, +Science, and Transportation of the Senate and the Committee on +Transportation and Infrastructure of the House of +Representatives a report that-- + (A) evaluates the availability and cost of + commercial war risk insurance for air carriers + and other aviation entities for passengers and + third parties; + (B) analyzes the economic effect upon air + carriers and other aviation entities of + available commercial war risk insurance; and + (C) describes the manner in which the + Department could provide an alternative means + of providing aviation war risk reinsurance + covering passengers, crew, and third parties + through use of a risk-retention group or by + other means. + + TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT + + Subtitle A--Chief Human Capital Officers + +SEC. 1301. [5 U.S.C. 101 NOTE] SHORT TITLE. + + This title may be cited as the ``Chief Human Capital +Officers Act of 2002''. + + * * * * * * * + + +SEC. 1303. [5 U.S.C. 1401 NOTE] CHIEF HUMAN CAPITAL OFFICERS COUNCIL. + + (a) Establishment.--There is established a Chief Human +Capital Officers Council, consisting of-- + (1) the Director of the Office of Personnel + Management, who shall act as chairperson of the + Council; + (2) the Deputy Director for Management of the + Office of Management and Budget, who shall act as vice + chairperson of the Council; and + (3) the Chief Human Capital Officers of Executive + departments and any other members who are designated by + the Director of the Office of Personnel Management. + (b) Functions.--The Chief Human Capital Officers Council +shall meet periodically to advise and coordinate the activities +of the agencies of its members on such matters as modernization +of human resources systems, improved quality of human resources +information, and legislation affecting human resources +operations and organizations. + (c) Employee Labor Organizations at Meetings.--The Chief +Human Capital Officers Council shall ensure that +representatives of Federal employee labor organizations are +present at a minimum of 1 meeting of the Council each year. +Such representatives shall not be members of the Council. + (d) Annual Report.--Each year the Chief Human Capital +Officers Council shall submit a report to Congress on the +activities of the Council. + + * * * * * * * + + +SEC. 1305. [5 U.S.C. 1103 NOTE] EFFECTIVE DATE. + + This subtitle shall take effect 180 days after the date of +enactment of this Act. + +Subtitle B--Reforms Relating to Federal Human Capital Management + + * * * * * * * + + +SEC. 1313. PERMANENT EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES + FOR USE OF VOLUNTARY SEPARATION INCENTIVE PAY AND + VOLUNTARY EARLY RETIREMENT. + + (a) Voluntary Separation Incentive Payments.-- + (1) * * * + + * * * * * * * + + (2) [5 U.S.C. 3521 note] Administrative office of + the united states courts.--The Director of the + Administrative Office of the United States Courts may, + by regulation, establish a program substantially + similar to the program established under paragraph (1) + for individuals serving in the judicial branch. + (3) [5 U.S.C. 3521 note] Continuation of other + authority.--Any agency exercising any voluntary + separation incentive authority in effect on the + effective date of this subsection may continue to offer + voluntary separation incentives consistent with that + authority until that authority expires. + (4) [5 U.S.C. 3521 note] Effective date.--This + subsection shall take effect 60 days after the date of + enactment of this Act. + + * * * * * * * + + (b) Federal Employee Voluntary Early Retirement.-- + (1) * * * + + * * * * * * * + + (3) [5 U.S.C. 8336 note] General accounting office + authority.--The amendments made by this subsection + shall not be construed to affect the authority under + section 1 of Public Law 106-303 (5 U.S.C. 8336 note; + 114 State. 1063). + + * * * * * * * + + (5) [5 U.S.C. 8336 note] Regulations.--The Office + of Personnel Management may prescribe regulations to + carry out this subsection. + (c) [5 U.S.C. 3521 note] Sense of Congress.--It is the +sense of Congress that the implementation of this section is +intended to reshape the Federal workforce and not downsize the +Federal workforce. + + * * * * * * * + + +Subtitle C--Reforms Relating to the Senior Executive Service + + * * * * * * * + + +SEC. 1321. REPEAL OF RECERTIFICATION REQUIREMENTS OF SENIOR EXECUTIVES. + + (a) * * * + + * * * * * * * + + (b) [5 U.S.C. 3592 note] Savings Provision.-- +Notwithstanding the amendments made by subsection (a)(2)(A), an +appeal under the final sentence of section 3592(a) of title 5, +United States Code, that is pending on the day before the +effective date of this section-- + (1) shall not abate by reason of the enactment of + the amendments made by subsection (a)(2)(A); and + (2) shall continue as if such amendments had not + been enacted. + (c) [5 U.S.C. 3593 note] Application.--The amendment made +by subsection (a)(2)(B) shall not apply with respect to an +individual who, before the effective date of this section, +leaves the Senior Executive Service for failure to be +recertified as a senior executive under section 3393a of title +5, United States Code. + + * * * * * * * + + +Subtitle D--Academic Training + + * * * * * * * + + +SEC. 1332. MODIFICATIONS TO NATIONAL SECURITY EDUCATION PROGRAM. + + (a) [5 U.S.C. 3301 note] Findings and Policies.-- + (1) Findings.--Congress finds that-- + (A) the United States Government actively + encourages and financially supports the + training, education, and development of many + United States citizens; + (B) as a condition of some of those + supports, many of those citizens have an + obligation to seek either compensated or + uncompensated employment in the Federal sector; + and + (C) it is in the United States national + interest to maximize the return to the Nation + of funds invested in the development of such + citizens by seeking to employ them in the + Federal sector. + (2) Policy.--It shall be the policy of the United + States Government to-- + (A) establish procedures for ensuring that + United States citizens who have incurred + service obligations as the result of receiving + financial support for education and training + from the United States Government and have + applied for Federal positions are considered in + all recruitment and hiring initiatives of + Federal departments, bureaus, agencies, and + offices; and + (B) advertise and open all Federal + positions to United States citizens who have + incurred service obligations with the United + States Government as the result of receiving + financial support for education and training + from the United States Government. + + * * * * * * * + + + TITLE XIV--ARMING PILOTS AGAINST TERRORISM + +SEC. 1401. [49 U.S.C. 40101 NOTE] SHORT TITLE. + + This title may be cited as the ``Arming Pilots Against +Terrorism Act''. + +SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM. + + (a) * * * + + * * * * * * * + + (c) [6 U.S.C. 513] Federal Air Marshal Program.-- + (1) Sense of congress.--It is the sense of Congress + that the Federal air marshal program is critical to + aviation security. + (2) Limitation on statutory construction.--Nothing + in this Act, including any amendment made by this Act, + shall be construed as preventing the Under Secretary of + Transportation for Security from implementing and + training Federal air marshals. + +SEC. 1403. CREW TRAINING. + + (a) * * * + + * * * * * * * + + (c) Benefits and Risks of Providing Flight Attendants With +Nonlethal Weapons.-- + (1) Study.--The Under Secretary of Transportation + for Security shall conduct a study to evaluate the + benefits and risks of providing flight attendants with + nonlethal weapons to aide in combating air piracy and + criminal violence on commercial airlines. + (2) Report.--Not later than 6 months after the date + of enactment of this Act, the Under Secretary shall + transmit to Congress a report on the results of the + study. + +SEC. 1404. COMMERCIAL AIRLINE SECURITY STUDY. + + (a) Study.--The Secretary of Transportation shall conduct a +study of the following: + (1) The number of armed Federal law enforcement + officers (other than Federal air marshals), who travel + on commercial airliners annually and the frequency of + their travel. + (2) The cost and resources necessary to provide + such officers with supplemental training in aircraft + anti-terrorism training that is comparable to the + training that Federal air marshals are provided. + (3) The cost of establishing a program at a Federal + law enforcement training center for the purpose of + providing new Federal law enforcement recruits with + standardized training comparable to the training that + Federal air marshals are provided. + (4) The feasibility of implementing a certification + program designed for the purpose of ensuring Federal + law enforcement officers have completed the training + described in paragraph (2) and track their travel over + a 6-month period. + (5) The feasibility of staggering the flights of + such officers to ensure the maximum amount of flights + have a certified trained Federal officer on board. + (b) Report.--Not later than 6 months after the date of +enactment of this Act, the Secretary shall transmit to Congress +a report on the results of the study. The report may be +submitted in classified and redacted form. + + * * * * * * * + + + TITLE XV--TRANSITION + + Subtitle A--Reorganization Plan + +SEC. 1501. [6 U.S.C. 541] DEFINITIONS. + + For purposes of this title: + (1) The term ``agency'' includes any entity, + organizational unit, program, or function. + (2) The term ``transition period'' means the 12- + month period beginning on the effective date of this + Act. + +SEC. 1502. [6 U.S.C. 542] REORGANIZATION PLAN. + + (a) Submission of Plan.--Not later than 60 days after the +date of the enactment of this Act, the President shall transmit +to the appropriate congressional committees a reorganization +plan regarding the following: + (1) The transfer of agencies, personnel, assets, + and obligations to the Department pursuant to this Act. + (2) Any consolidation, reorganization, or + streamlining of agencies transferred to the Department + pursuant to this Act. + (b) Plan Elements.--The plan transmitted under subsection +(a) shall contain, consistent with this Act, such elements as +the President deems appropriate, including the following: + (1) Identification of any functions of agencies + transferred to the Department pursuant to this Act that + will not be transferred to the Department under the + plan. + (2) Specification of the steps to be taken by the + Secretary to organize the Department, including the + delegation or assignment of functions transferred to + the Department among officers of the Department in + order to permit the Department to carry out the + functions transferred under the plan. + (3) Specification of the funds available to each + agency that will be transferred to the Department as a + result of transfers under the plan. + (4) Specification of the proposed allocations + within the Department of unexpended funds transferred + in connection with transfers under the plan. + (5) Specification of any proposed disposition of + property, facilities, contracts, records, and other + assets and obligations of agencies transferred under + the plan. + (6) Specification of the proposed allocations + within the Department of the functions of the agencies + and subdivisions that are not related directly to + securing the homeland. + (c) Modification of Plan.--The President may, on the basis +of consultations with the appropriate congressional committees, +modify or revise any part of the plan until that part of the +plan becomes effective in accordance with subsection (d). + (d) Effective Date.-- + (1) In general.--The reorganization plan described + in this section, including any modifications or + revisions of the plan under subsection (d), shall + become effective for an agency on the earlier of-- + (A) the date specified in the plan (or the + plan as modified pursuant to subsection (d)), + except that such date may not be earlier than + 90 days after the date the President has + transmitted the reorganization plan to the + appropriate congressional committees pursuant + to subsection (a); or + (B) the end of the transition period. + (2) Statutory construction.--Nothing in this + subsection may be construed to require the transfer of + functions, personnel, records, balances of + appropriations, or other assets of an agency on a + single date. + (3) Supersedes existing law.--Paragraph (1) shall + apply notwithstanding section 905(b) of title 5, United + States Code. + +SEC. 1503. [6 U.S.C. 543] REVIEW OF CONGRESSIONAL COMMITTEE STRUCTURES. + + It is the sense of Congress that each House of Congress +should review its committee structure in light of the +reorganization of responsibilities within the executive branch +by the establishment of the Department. + + Subtitle B--Transitional Provisions + +SEC. 1511. [6 U.S.C. 551] TRANSITIONAL AUTHORITIES. + + (a) Provision of Assistance by Officials.--Until the +transfer of an agency to the Department, any official having +authority over or functions relating to the agency immediately +before the effective date of this Act shall provide to the +Secretary such assistance, including the use of personnel and +assets, as the Secretary may request in preparing for the +transfer and integration of the agency into the Department. + (b) Services and Personnel.--During the transition period, +upon the request of the Secretary, the head of any executive +agency may, on a reimbursable basis, provide services or detail +personnel to assist with the transition. + (c) Acting Officials.--(1) During the transition period, +pending the advice and consent of the Senate to the appointment +of an officer required by this Act to be appointed by and with +such advice and consent, the President may designate any +officer whose appointment was required to be made by and with +such advice and consent and who was such an officer immediately +before the effective date of this Act (and who continues in +office) or immediately before such designation, to act in such +office until the same is filled as provided in this Act. While +so acting, such officers shall receive compensation at the +higher of-- + (A) the rates provided by this Act for the + respective offices in which they act; or + (B) the rates provided for the offices held at the + time of designation. + (2) Nothing in this Act shall be understood to require the +advice and consent of the Senate to the appointment by the +President to a position in the Department of any officer whose +agency is transferred to the Department pursuant to this Act +and whose duties following such transfer are germane to those +performed before such transfer. + (d) Transfer of Personnel, Assets, Obligations, and +Functions.--Upon the transfer of an agency to the Department-- + (1) the personnel, assets, and obligations held by + or available in connection with the agency shall be + transferred to the Secretary for appropriate + allocation, subject to the approval of the Director of + the Office of Management and Budget and in accordance + with the provisions of section 1531(a)(2) of title 31, + United States Code; and + (2) the Secretary shall have all functions relating + to the agency that any other official could by law + exercise in relation to the agency immediately before + such transfer, and shall have in addition all functions + vested in the Secretary by this Act or other law. + (e) Prohibition on Use of Transportation Trust Funds.-- + (1) In general.--Notwithstanding any other + provision of this Act, no funds derived from the + Highway Trust Fund, Airport and Airway Trust Fund, + Inland Waterway Trust Fund, or Harbor Maintenance Trust + Fund, may be transferred to, made available to, or + obligated by the Secretary or any other official in the + Department. + (2) Limitation.--This subsection shall not apply to + security-related funds provided to the Federal Aviation + Administration for fiscal years preceding fiscal year + 2003 for (A) operations, (B) facilities and equipment, + or (C) research, engineering, and development, and to + any funds provided to the Coast Guard from the Sport + Fish Restoration and Boating Trust Fund for boating + safety programs. + +SEC. 1512. [6 U.S.C. 552] SAVINGS PROVISIONS. + + (a) Completed Administrative Actions.--(1) Completed +administrative actions of an agency shall not be affected by +the enactment of this Act or the transfer of such agency to the +Department, but shall continue in effect according to their +terms until amended, modified, superseded, terminated, set +aside, or revoked in accordance with law by an officer of the +United States or a court of competent jurisdiction, or by +operation of law. + (2) For purposes of paragraph (1), the term ``completed +administrative action'' includes orders, determinations, rules, +regulations, personnel actions, permits, agreements, grants, +contracts, certificates, licenses, registrations, and +privileges. + (b) Pending Proceedings.--Subject to the authority of the +Secretary under this Act-- + (1) pending proceedings in an agency, including + notices of proposed rulemaking, and applications for + licenses, permits, certificates, grants, and financial + assistance, shall continue notwithstanding the + enactment of this Act or the transfer of the agency to + the Department, unless discontinued or modified under + the same terms and conditions and to the same extent + that such discontinuance could have occurred if such + enactment or transfer had not occurred; and + (2) orders issued in such proceedings, and appeals + therefrom, and payments made pursuant to such orders, + shall issue in the same manner and on the same terms as + if this Act had not been enacted or the agency had not + been transferred, and any such orders shall continue in + effect until amended, modified, superseded, terminated, + set aside, or revoked by an officer of the United + States or a court of competent jurisdiction, or by + operation of law. + (c) Pending Civil Actions.--Subject to the authority of the +Secretary under this Act, pending civil actions shall continue +notwithstanding the enactment of this Act or the transfer of an +agency to the Department, and in such civil actions, +proceedings shall be had, appeals taken, and judgments rendered +and enforced in the same manner and with the same effect as if +such enactment or transfer had not occurred. + (d) References.--References relating to an agency that is +transferred to the Department in statutes, Executive orders, +rules, regulations, directives, or delegations of authority +that precede such transfer or the effective date of this Act +shall be deemed to refer, as appropriate, to the Department, to +its officers, employees, or agents, or to its corresponding +organizational units or functions. Statutory reporting +requirements that applied in relation to such an agency +immediately before the effective date of this Act shall +continue to apply following such transfer if they refer to the +agency by name. + (e) Employment Provisions.--(1) Notwithstanding the +generality of the foregoing (including subsections (a) and +(d)), in and for the Department the Secretary may, in +regulations prescribed jointly with the Director of the Office +of Personnel Management, adopt the rules, procedures, terms, +and conditions, established by statute, rule, or regulation +before the effective date of this Act, relating to employment +in any agency transferred to the Department pursuant to this +Act; and + (2) except as otherwise provided in this Act, or under +authority granted by this Act, the transfer pursuant to this +Act of personnel shall not alter the terms and conditions of +employment, including compensation, of any employee so +transferred. + (f) Statutory Reporting Requirements.--Any statutory +reporting requirement that applied to an agency, transferred to +the Department under this Act, immediately before the effective +date of this Act shall continue to apply following that +transfer if the statutory requirement refers to the agency by +name. + +SEC. 1513. [6 U.S.C. 553] TERMINATIONS. + + Except as otherwise provided in this Act, whenever all the +functions vested by law in any agency have been transferred +pursuant to this Act, each position and office the incumbent of +which was authorized to receive compensation at the rates +prescribed for an office or position at level II, III, IV, or +V, of the Executive Schedule, shall terminate. + +SEC. 1514. [6 U.S.C. 554] NATIONAL IDENTIFICATION SYSTEM NOT + AUTHORIZED. + + Nothing in this Act shall be construed to authorize the +development of a national identification system or card. + +SEC. 1515. [6 U.S.C. 555] CONTINUITY OF INSPECTOR GENERAL OVERSIGHT. + + Notwithstanding the transfer of an agency to the Department +pursuant to this Act, the Inspector General that exercised +oversight of such agency prior to such transfer shall continue +to exercise oversight of such agency during the period of time, +if any, between the transfer of such agency to the Department +pursuant to this Act and the appointment of the Inspector +General of the Department of Homeland Security in accordance +with section 103(b). + +SEC. 1516. [6 U.S.C. 556] INCIDENTAL TRANSFERS. + + The Director of the Office of Management and Budget, in +consultation with the Secretary, is authorized and directed to +make such additional incidental dispositions of personnel, +assets, and liabilities held, used, arising from, available, or +to be made available, in connection with the functions +transferred by this Act, as the Director may determine +necessary to accomplish the purposes of this Act. + +SEC. 1517. [6 U.S.C. 557] REFERENCE. + + With respect to any function transferred by or under this +Act (including under a reorganization plan that becomes +effective under section 1502) and exercised on or after the +effective date of this Act, reference in any other Federal law +to any department, commission, or agency or any officer or +office the functions of which are so transferred shall be +deemed to refer to the Secretary, other official, or component +of the Department to which such function is so transferred. + + * * * * * * * + + +TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS + + * * * * * * * + + +SEC. 1702. EXECUTIVE SCHEDULE. + + (a) * * * + + * * * * * * * + + (b) [5 U.S.C. 5315 note] Special Effective Date.-- +Notwithstanding section 4, the amendment made by subsection +(a)(5) shall take effect on the date on which the transfer of +functions specified under section 441 takes effect. + +SEC. 1703. UNITED STATES SECRET SERVICE. + + (a) * * * + (b) [3 U.S.C. 202 note] Effective Date.--The amendments +made by this section shall take effect on the date of transfer +of the United States Secret Service to the Department. + +SEC. 1704. COAST GUARD. + + (a) * * * + + * * * * * * * + + (g) [10 U.S.C. 101 note] Effective Date.--The amendments +made by this section (other than subsection (f)) shall take +effect on the date of transfer of the Coast Guard to the +Department. + +SEC. 1705. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE + DEVELOPMENT. + + (a) * * * + + * * * * * * * + + (b) [42 U.S.C. 247d-6b note] Effective Date.--The +amendments made by this section shall take effect on the date +of transfer of the Strategic National Stockpile of the +Department of Health and Human Services to the Department. + +SEC. 1706. TRANSFER OF CERTAIN SECURITY AND LAW ENFORCEMENT FUNCTIONS + AND AUTHORITIES. + + (a) * * * + + * * * * * * * + + (2) [40 U.S.C. 1315 note] Delegation of + authority.--The Secretary may delegate authority for + the protection of specific buildings to another Federal + agency where, in the Secretary's discretion, the + Secretary determines it necessary for the protection of + that building. + + * * * * * * * + + +SEC. 1708. [50 U.S.C. 1522 NOTE] NATIONAL BIO-WEAPONS DEFENSE ANALYSIS + CENTER. + + There is established in the Department of Defense a +National Bio-Weapons Defense Analysis Center, whose mission is +to develop countermeasures to potential attacks by terrorists +using weapons of mass destruction. + + * * * * * * * + + Sec. 1714. [6 U.S.C. 103] Notwithstanding any other +provision of this Act, any report, notification, or +consultation addressing directly or indirectly the use of +appropriated funds and stipulated by this Act to be submitted +to, or held with, the Congress or any Congressional committee +shall also be submitted to, or held with, the Committees on +Appropriations of the Senate and the House of Representatives +under the same conditions and with the same restrictions as +stipulated by this Act. + + TITLE XVIII--EMERGENCY COMMUNICATIONS + +SEC. 1801. [6 U.S.C. 571] OFFICE OF EMERGENCY COMMUNICATIONS. + + (a) In General.--There is established in the Department an +Office of Emergency Communications. + (b) Director.--The head of the office shall be the Director +for Emergency Communications. The Director shall report to the +Assistant Secretary for Cybersecurity and Communications. + (c) Responsibilities.--The Director for Emergency +Communications shall-- + (1) assist the Secretary in developing and + implementing the program described in section + 7303(a)(1) of the Intelligence Reform and Terrorism + Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except as + provided in section 314; + (2) administer the Department's responsibilities + and authorities relating to the SAFECOM Program, + excluding elements related to research, development, + testing, and evaluation and standards; + (3) administer the Department's responsibilities + and authorities relating to the Integrated Wireless + Network program; + (4) conduct extensive, nationwide outreach to + support and promote the ability of emergency response + providers and relevant government officials to continue + to communicate in the event of natural disasters, acts + of terrorism, and other man-made disasters; + (5) conduct extensive, nationwide outreach and + foster the development of interoperable emergency + communications capabilities by State, regional, local, + and tribal governments and public safety agencies, and + by regional consortia thereof; + (6) provide technical assistance to State, + regional, local, and tribal government officials with + respect to use of interoperable emergency + communications capabilities; + (7) coordinate with the Regional Administrators + regarding the activities of Regional Emergency + Communications Coordination Working Groups under + section 1805; + (8) promote the development of standard operating + procedures and best practices with respect to use of + interoperable emergency communications capabilities for + incident response, and facilitate the sharing of + information on such best practices for achieving, + maintaining, and enhancing interoperable emergency + communications capabilities for such response; + (9) coordinate, in cooperation with the National + Communications System, the establishment of a national + response capability with initial and ongoing planning, + implementation, and training for the deployment of + communications equipment for relevant State, local, and + tribal governments and emergency response providers in + the event of a catastrophic loss of local and regional + emergency communications services; + (10) assist the President, the National Security + Council, the Homeland Security Council, and the + Director of the Office of Management and Budget in + ensuring the continued operation of the + telecommunications functions and responsibilities of + the Federal Government, excluding spectrum management; + (11) establish, in coordination with the Director + of the Office for Interoperability and Compatibility, + requirements for interoperable emergency communications + capabilities, which shall be nonproprietary where + standards for such capabilities exist, for all public + safety radio and data communications systems and + equipment purchased using homeland security assistance + administered by the Department, excluding any alert and + warning device, technology, or system; + (12) review, in consultation with the Assistant + Secretary for Grants and Training, all interoperable + emergency communications plans of Federal, State, + local, and tribal governments, including Statewide and + tactical interoperability plans, developed pursuant to + homeland security assistance administered by the + Department, but excluding spectrum allocation and + management related to such plans; + (13) develop and update periodically, as + appropriate, a National Emergency Communications Plan + under section 1802; + (14) perform such other duties of the Department + necessary to support and promote the ability of + emergency response providers and relevant government + officials to continue to communicate in the event of + natural disasters, acts of terrorism, and other man- + made disasters; and + (15) perform other duties of the Department + necessary to achieve the goal of and maintain and + enhance interoperable emergency communications + capabilities. + (d) Performance of Previously Transferred Functions.--The +Secretary shall transfer to, and administer through, the +Director for Emergency Communications the following programs +and responsibilities: + (1) The SAFECOM Program, excluding elements related + to research, development, testing, and evaluation and + standards. + (2) The responsibilities of the Chief Information + Officer related to the implementation of the Integrated + Wireless Network. + (3) The Interoperable Communications Technical + Assistance Program. + (e) Coordination.--The Director for Emergency +Communications shall coordinate-- + (1) as appropriate, with the Director of the Office + for Interoperability and Compatibility with respect to + the responsibilities described in section 314; and + (2) with the Administrator of the Federal Emergency + Management Agency with respect to the responsibilities + described in this title. + (f) Sufficiency of Resources Plan.-- + (1) Report.--Not later than 120 days after the date + of enactment of this section, the Secretary shall + submit to Congress a report on the resources and staff + necessary to carry out fully the responsibilities under + this title. + (2) Comptroller general review.--The Comptroller + General shall review the validity of the report + submitted by the Secretary under paragraph (1). Not + later than 60 days after the date on which such report + is submitted, the Comptroller General shall submit to + Congress a report containing the findings of such + review. + +SEC. 1802. [6 U.S.C. 572] NATIONAL EMERGENCY COMMUNICATIONS PLAN. + + (a) In General.--The Secretary, acting through the Director +for Emergency Communications, and in cooperation with the +Department of National Communications System (as appropriate), +shall, in cooperation with State, local, and tribal +governments, Federal departments and agencies, emergency +response providers, and the private sector, develop not later +than 180 days after the completion of the baseline assessment +under section 1803, and periodically update, a National +Emergency Communications Plan to provide recommendations +regarding how the United States should-- + (1) support and promote the ability of emergency + response providers and relevant government officials to + continue to communicate in the event of natural + disasters, acts of terrorism, and other man-made + disasters; and + (2) ensure, accelerate, and attain interoperable + emergency communications nationwide. + (b) Coordination.--The Emergency Communications +Preparedness Center under section 1806 shall coordinate the +development of the Federal aspects of the National Emergency +Communications Plan. + (c) Contents.--The National Emergency Communications Plan +shall-- + (1) include recommendations developed in + consultation with the Federal Communications Commission + and the National Institute of Standards and Technology + for a process for expediting national voluntary + consensus standards for emergency communications + equipment for the purchase and use by public safety + agencies of interoperable emergency communications + equipment and technologies; + (2) identify the appropriate capabilities necessary + for emergency response providers and relevant + government officials to continue to communicate in the + event of natural disasters, acts of terrorism, and + other man-made disasters; + (3) identify the appropriate interoperable + emergency communications capabilities necessary for + Federal, State, local, and tribal governments in the + event of natural disasters, acts of terrorism, and + other man-made disasters; + (4) recommend both short-term and long-term + solutions for ensuring that emergency response + providers and relevant government officials can + continue to communicate in the event of natural + disasters, acts of terrorism, and other man-made + disasters; + (5) recommend both short-term and long-term + solutions for deploying interoperable emergency + communications systems for Federal, State, local, and + tribal governments throughout the Nation, including + through the provision of existing and emerging + technologies; + (6) identify how Federal departments and agencies + that respond to natural disasters, acts of terrorism, + and other man-made disasters can work effectively with + State, local, and tribal governments, in all States, + and with other entities; + (7) identify obstacles to deploying interoperable + emergency communications capabilities nationwide and + recommend short-term and long-term measures to overcome + those obstacles, including recommendations for + multijurisdictional coordination among Federal, State, + local, and tribal governments; + (8) recommend goals and timeframes for the + deployment of emergency, command-level communications + systems based on new and existing equipment across the + United States and develop a timetable for the + deployment of interoperable emergency communications + systems nationwide; + (9) recommend appropriate measures that emergency + response providers should employ to ensure the + continued operation of relevant governmental + communications infrastructure in the event of natural + disasters, acts of terrorism, or other man-made + disasters; and + (10) set a date, including interim benchmarks, as + appropriate, by which State, local, and tribal + governments, Federal departments and agencies, and + emergency response providers expect to achieve a + baseline level of national interoperable + communications, as that term is defined under section + 7303(g)(1) of the Intelligence Reform and Terrorism + Prevention Act of 2004 (6 U.S.C. 194(g)(1)). + +SEC. 1803. [6 U.S.C. 573] ASSESSMENTS AND REPORTS. + + (a) Baseline Assessment.--Not later than 1 year after the +date of enactment of this section and not less than every 5 +years thereafter, the Secretary, acting through the Director +for Emergency Communications, shall conduct an assessment of +Federal, State, local, and tribal governments that-- + (1) defines the range of capabilities needed by + emergency response providers and relevant government + officials to continue to communicate in the event of + natural disasters, acts of terrorism, and other man- + made disasters; + (2) defines the range of interoperable emergency + communications capabilities needed for specific events; + (3) assesses the current available capabilities to + meet such communications needs; + (4) identifies the gap between such current + capabilities and defined requirements; and + (5) includes a national interoperable emergency + communications inventory to be completed by the + Secretary of Homeland Security, the Secretary of + Commerce, and the Chairman of the Federal + Communications Commission that-- + (A) identifies for each Federal department + and agency-- + (i) the channels and frequencies + used; + (ii) the nomenclature used to refer + to each channel or frequency used; and + (iii) the types of communications + systems and equipment used; and + (B) identifies the interoperable emergency + communications systems in use by public safety + agencies in the United States. + (b) Classified Annex.--The baseline assessment under this +section may include a classified annex including information +provided under subsection (a)(5)(A). + (c) Savings Clause.--In conducting the baseline assessment +under this section, the Secretary may incorporate findings from +assessments conducted before, or ongoing on, the date of +enactment of this title. + (d) Progress Reports.--Not later than one year after the +date of enactment of this section and biennially thereafter, +the Secretary, acting through the Director for Emergency +Communications, shall submit to Congress a report on the +progress of the Department in achieving the goals of, and +carrying out its responsibilities under, this title, +including-- + (1) a description of the findings of the most + recent baseline assessment conducted under subsection + (a); + (2) a determination of the degree to which + interoperable emergency communications capabilities + have been attained to date and the gaps that remain for + interoperability to be achieved; + (3) an evaluation of the ability to continue to + communicate and to provide and maintain interoperable + emergency communications by emergency managers, + emergency response providers, and relevant government + officials in the event of-- + (A) natural disasters, acts of terrorism, + or other man-made disasters, including + Incidents of National Significance declared by + the Secretary under the National Response Plan; + and + (B) a catastrophic loss of local and + regional communications services; + (4) a list of best practices relating to the + ability to continue to communicate and to provide and + maintain interoperable emergency communications in the + event of natural disasters, acts of terrorism, or other + man-made disasters; and + (A) an evaluation of the feasibility and + desirability of the Department developing, on + its own or in conjunction with the Department + of Defense, a mobile communications capability, + modeled on the Army Signal Corps, that could be + deployed to support emergency communications at + the site of natural disasters, acts of + terrorism, or other man-made disasters. + +SEC. 1804. [6 U.S.C. 574] COORDINATION OF DEPARTMENT EMERGENCY + COMMUNICATIONS GRANT PROGRAMS. + + (a) Coordination of Grants and Standards Programs.--The +Secretary, acting through the Director for Emergency +Communications, shall ensure that grant guidelines for the use +of homeland security assistance administered by the Department +relating to interoperable emergency communications are +coordinated and consistent with the goals and recommendations +in the National Emergency Communications Plan under section +1802. + (b) Denial of Eligibility for Grants.-- + (1) In general.--The Secretary, acting through the + Assistant Secretary for Grants and Planning, and in + consultation with the Director for Emergency + Communications, may prohibit any State, local, or + tribal government from using homeland security + assistance administered by the Department to achieve, + maintain, or enhance emergency communications + capabilities, if-- + (A) such government has not complied with + the requirement to submit a Statewide + Interoperable Communications Plan as required + by section 7303(f) of the Intelligence Reform + and Terrorism Prevention Act of 2004 (6 U.S.C. + 194(f)); + (B) such government has proposed to upgrade + or purchase new equipment or systems that do + not meet or exceed any applicable national + voluntary consensus standards and has not + provided a reasonable explanation of why such + equipment or systems will serve the needs of + the applicant better than equipment or systems + that meet or exceed such standards; and + (C) as of the date that is 3 years after + the date of the completion of the initial + National Emergency Communications Plan under + section 1802, national voluntary consensus + standards for interoperable emergency + communications capabilities have not been + developed and promulgated. + (2) Standards.--The Secretary, in coordination with + the Federal Communications Commission, the National + Institute of Standards and Technology, and other + Federal departments and agencies with responsibility + for standards, shall support the development, + promulgation, and updating as necessary of national + voluntary consensus standards for interoperable + emergency communications. + +SEC. 1805. [6 U.S.C. 575] REGIONAL EMERGENCY COMMUNICATIONS + COORDINATION. + + (a) In General.--There is established in each Regional +Office a Regional Emergency Communications Coordination Working +Group (in this section referred to as an ``RECC Working +Group''). Each RECC Working Group shall report to the relevant +Regional Administrator and coordinate its activities with the +relevant Regional Advisory Council. + (b) Membership.--Each RECC Working Group shall consist of +the following: + (1) Non-federal.--Organizations representing the + interests of the following: + (A) State officials. + (B) Local government officials, including + sheriffs. + (C) State police departments. + (D) Local police departments. + (E) Local fire departments. + (F) Public safety answering points (9-1-1 + services). + (G) State emergency managers, homeland + security directors, or representatives of State + Administrative Agencies. + (H) Local emergency managers or homeland + security directors. + (I) Other emergency response providers as + appropriate. + (2) Federal.--Representatives from the Department, + the Federal Communications Commission, and other + Federal departments and agencies with responsibility + for coordinating interoperable emergency communications + with or providing emergency support services to State, + local, and tribal governments. + (c) Coordination.--Each RECC Working Group shall coordinate +its activities with the following: + (1) Communications equipment manufacturers and + vendors (including broadband data service providers). + (2) Local exchange carriers. + (3) Local broadcast media. + (4) Wireless carriers. + (5) Satellite communications services. + (6) Cable operators. + (7) Hospitals. + (8) Public utility services. + (9) Emergency evacuation transit services. + (10) Ambulance services. + (11) HAM and amateur radio operators. + (12) Representatives from other private sector + entities and nongovernmental organizations as the + Regional Administrator determines appropriate. + (d) Duties.--The duties of each RECC Working Group shall +include-- + (1) assessing the survivability, sustainability, + and interoperability of local emergency communications + systems to meet the goals of the National Emergency + Communications Plan; + (2) reporting annually to the relevant Regional + Administrator, the Director for Emergency + Communications, the Chairman of the Federal + Communications Commission, and the Assistant Secretary + for Communications and Information of the Department of + Commerce on the status of its region in building robust + and sustainable interoperable voice and data emergency + communications networks and, not later than 60 days + after the completion of the initial National Emergency + Communications Plan under section 1802, on the progress + of the region in meeting the goals of such plan; + (3) ensuring a process for the coordination of + effective multijurisdictional, multi-agency emergency + communications networks for use during natural + disasters, acts of terrorism, and other man-made + disasters through the expanded use of emergency + management and public safety communications mutual aid + agreements; and + (4) coordinating the establishment of Federal, + State, local, and tribal support services and networks + designed to address the immediate and critical human + needs in responding to natural disasters, acts of + terrorism, and other man-made disasters. + +SEC. 1806. [6 U.S.C. 576] EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER. + + (a) Establishment.--There is established the Emergency +Communications Preparedness Center (in this section referred to +as the ``Center''). + (b) Operation.--The Secretary, the Chairman of the Federal +Communications Commission, the Secretary of Defense, the +Secretary of Commerce, the Attorney General of the United +States, and the heads of other Federal departments and agencies +or their designees shall jointly operate the Center in +accordance with the Memorandum of Understanding entitled, +``Emergency Communications Preparedness Center (ECPC) +Charter''. + (c) Functions.--The Center shall-- + (1) serve as the focal point for interagency + efforts and as a clearinghouse with respect to all + relevant intergovernmental information to support and + promote (including specifically by working to avoid + duplication, hindrances, and counteractive efforts + among the participating Federal departments and + agencies)-- + (A) the ability of emergency response + providers and relevant government officials to + continue to communicate in the event of natural + disasters, acts of terrorism, and other man- + made disasters; and + (B) interoperable emergency communications; + (2) prepare and submit to Congress, on an annual + basis, a strategic assessment regarding the + coordination efforts of Federal departments and + agencies to advance-- + (A) the ability of emergency response + providers and relevant government officials to + continue to communicate in the event of natural + disasters, acts of terrorism, and other man- + made disasters; and + (B) interoperable emergency communications; + (3) consider, in preparing the strategic assessment + under paragraph (2), the goals stated in the National + Emergency Communications Plan under section 1802; and + (4) perform such other functions as are provided in + the Emergency Communications Preparedness Center (ECPC) + Charter described in subsection (b)(1). + +SEC. 1807. [6 U.S.C. 577] URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS + CAPABILITIES. + + (a) In General.--The Secretary, in consultation with the +Chairman of the Federal Communications Commission and the +Secretary of Defense, and with appropriate State, local, and +tribal government officials, shall provide technical guidance, +training, and other assistance, as appropriate, to support the +rapid establishment of consistent, secure, and effective +interoperable emergency communications capabilities in the +event of an emergency in urban and other areas determined by +the Secretary to be at consistently high levels of risk from +natural disasters, acts of terrorism, and other man-made +disasters. + (b) Minimum Capabilities.--The interoperable emergency +communications capabilities established under subsection (a) +shall ensure the ability of all levels of government, emergency +response providers, the private sector, and other organizations +with emergency response capabilities-- + (1) to communicate with each other in the event of + an emergency; + (2) to have appropriate and timely access to the + Information Sharing Environment described in section + 1016 of the National Security Intelligence Reform Act + of 2004 (6 U.S.C. 321); and + (3) to be consistent with any applicable State or + Urban Area homeland strategy or plan. + +SEC. 1808. [6 U.S.C. 578] DEFINITION. + + In this title, the term ``interoperable'' has the meaning +given the term ``interoperable communications'' under section +7303(g)(1) of the Intelligence Reform and Terrorism Prevention +Act of 2004 (6 U.S.C. 194(g)(1)). + +SEC. 1809. [6 U.S.C. 579] INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT + PROGRAM. + + (a) Establishment.--The Secretary shall establish the +Interoperable Emergency Communications Grant Program to make +grants to States to carry out initiatives to improve local, +tribal, statewide, regional, national and, where appropriate, +international interoperable emergency communications, including +communications in collective response to natural disasters, +acts of terrorism, and other man-made disasters. + (b) Policy.--The Director for Emergency Communications +shall ensure that a grant awarded to a State under this section +is consistent with the policies established pursuant to the +responsibilities and authorities of the Office of Emergency +Communications under this title, including ensuring that +activities funded by the grant-- + (1) comply with the statewide plan for that State + required by section 7303(f) of the Intelligence Reform + and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); + and + (2) comply with the National Emergency + Communications Plan under section 1802, when completed. + (c) Administration.-- + (1) In general.--The Administrator of the Federal + Emergency Management Agency shall administer the + Interoperable Emergency Communications Grant Program + pursuant to the responsibilities and authorities of the + Administrator under title V of the Act. + (2) Guidance.--In administering the grant program, + the Administrator shall ensure that the use of grants + is consistent with guidance established by the Director + of Emergency Communications pursuant to section + 7303(a)(1)(H) of the Intelligence Reform and Terrorism + Prevention Act of 2004 (6 U.S.C. 194(a)(1)(H)). + (d) Use of Funds.--A State that receives a grant under this +section shall use the grant to implement that State's Statewide +Interoperability Plan required under section 7303(f) of the +Intelligence Reform and Terrorism Prevention Act of 2004 (6 +U.S.C. 194(f)) and approved under subsection (e), and to assist +with activities determined by the Secretary to be integral to +interoperable emergency communications. + (e) Approval of Plans.-- + (1) Approval as condition of grant.--Before a State + may receive a grant under this section, the Director of + Emergency Communications shall approve the State's + Statewide Interoperable Communications Plan required + under section 7303(f) of the Intelligence Reform and + Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)). + (2) Plan requirements.--In approving a plan under + this subsection, the Director of Emergency + Communications shall ensure that the plan-- + (A) is designed to improve interoperability + at the city, county, regional, State and + interstate level; + (B) considers any applicable local or + regional plan; and + (C) complies, to the maximum extent + practicable, with the National Emergency + Communications Plan under section 1802. + (3) Approval of revisions.--The Director of + Emergency Communications may approve revisions to a + State's plan if the Director determines that doing so + is likely to further interoperability. + (f) Limitations on Uses of Funds.-- + (1) In general.--The recipient of a grant under + this section may not use the grant-- + (A) to supplant State or local funds; + (B) for any State or local government cost- + sharing contribution; or + (C) for recreational or social purposes. + (2) Penalties.--In addition to other remedies + currently available, the Secretary may take such + actions as necessary to ensure that recipients of grant + funds are using the funds for the purpose for which + they were intended. + (g) Limitations on Award of Grants.-- + (1) National emergency communications plan + required.--The Secretary may not award a grant under + this section before the date on which the Secretary + completes and submits to Congress the National + Emergency Communications Plan required under section + 1802. + (2) Voluntary consensus standards.--The Secretary + may not award a grant to a State under this section for + the purchase of equipment that does not meet applicable + voluntary consensus standards, unless the State + demonstrates that there are compelling reasons for such + purchase. + (h) Award of Grants.--In approving applications and +awarding grants under this section, the Secretary shall +consider-- + (1) the risk posed to each State by natural + disasters, acts of terrorism, or other manmade + disasters, including-- + (A) the likely need of a jurisdiction + within the State to respond to such risk in + nearby jurisdictions; + (B) the degree of threat, vulnerability, + and consequences related to critical + infrastructure (from all critical + infrastructure sectors) or key resources + identified by the Administrator or the State + homeland security and emergency management + plans, including threats to, vulnerabilities + of, and consequences from damage to critical + infrastructure and key resources in nearby + jurisdictions; + (C) the size of the population and density + of the population of the State, including + appropriate consideration of military, tourist, + and commuter populations; + (D) whether the State is on or near an + international border; + (E) whether the State encompasses an + economically significant border crossing; and + (F) whether the State has a coastline + bordering an ocean, a major waterway used for + interstate commerce, or international waters; + and + (2) the anticipated effectiveness of the State's + proposed use of grant funds to improve + interoperability. + (i) Opportunity to Amend Applications.--In considering +applications for grants under this section, the Administrator +shall provide applicants with a reasonable opportunity to +correct defects in the application, if any, before making final +awards. + (j) Minimum Grant Amounts.-- + (1) States.--In awarding grants under this section, + the Secretary shall ensure that for each fiscal year, + except as provided in paragraph (2), no State receives + a grant in an amount that is less than the following + percentage of the total amount appropriated for grants + under this section for that fiscal year: + (A) For fiscal year 2008, 0.50 percent. + (B) For fiscal year 2009, 0.50 percent. + (C) For fiscal year 2010, 0.45 percent. + (D) For fiscal year 2011, 0.40 percent. + (E) For fiscal year 2012 and each + subsequent fiscal year, 0.35 percent. + (2) Territories and possessions.--In awarding + grants under this section, the Secretary shall ensure + that for each fiscal year, American Samoa, the + Commonwealth of the Northern Mariana Islands, Guam, and + the Virgin Islands each receive grants in amounts that + are not less than 0.08 percent of the total amount + appropriated for grants under this section for that + fiscal year. + (k) Certification.--Each State that receives a grant under +this section shall certify that the grant is used for the +purpose for which the funds were intended and in compliance +with the State's approved Statewide Interoperable +Communications Plan. + (l) State Responsibilities.-- + (1) Availability of funds to local and tribal + governments.--Not later than 45 days after receiving + grant funds, any State that receives a grant under this + section shall obligate or otherwise make available to + local and tribal governments-- + (A) not less than 80 percent of the grant + funds; + (B) with the consent of local and tribal + governments, eligible expenditures having a + value of not less than 80 percent of the amount + of the grant; or + (C) grant funds combined with other + eligible expenditures having a total value of + not less than 80 percent of the amount of the + grant. + (2) Allocation of funds.--A State that receives a + grant under this section shall allocate grant funds to + tribal governments in the State to assist tribal + communities in improving interoperable communications, + in a manner consistent with the Statewide Interoperable + Communications Plan. A State may not impose + unreasonable or unduly burdensome requirements on a + tribal government as a condition of providing grant + funds or resources to the tribal government. + (3) Penalties.--If a State violates the + requirements of this subsection, in addition to other + remedies available to the Secretary, the Secretary may + terminate or reduce the amount of the grant awarded to + that State or transfer grant funds previously awarded + to the State directly to the appropriate local or + tribal government. + (m) Reports.-- + (1) Annual reports by state grant recipients.--A + State that receives a grant under this section shall + annually submit to the Director of Emergency + Communications a report on the progress of the State in + implementing that State's Statewide Interoperable + Communications Plans required under section 7303(f) of + the Intelligence Reform and Terrorism Prevention Act of + 2004 (6 U.S.C. 194(f)) and achieving interoperability + at the city, county, regional, State, and interstate + levels. The Director shall make the reports publicly + available, including by making them available on the + Internet website of the Office of Emergency + Communications, subject to any redactions that the + Director determines are necessary to protect classified + or other sensitive information. + (2) Annual reports to congress.--At least once each + year, the Director of Emergency Communications shall + submit to Congress a report on the use of grants + awarded under this section and any progress in + implementing Statewide Interoperable Communications + Plans and improving interoperability at the city, + county, regional, State, and interstate level, as a + result of the award of such grants. + (n) Rule of Construction.--Nothing in this section shall be +construed or interpreted to preclude a State from using a grant +awarded under this section for interim or long-term Internet +Protocol-based interoperable solutions. + (o) Authorization of Appropriations.--There are authorized +to be appropriated for grants under this section-- + (1) for fiscal year 2008, such sums as may be + necessary; + (2) for each of fiscal years 2009 through 2012, + $400,000,000; and + (3) for each subsequent fiscal year, such sums as + may be necessary. + +SEC. 1810. [6 U.S.C. 580] BORDER INTEROPERABILITY DEMONSTRATION + PROJECT. + + (a) In General.-- + (1) Establishment.--The Secretary, acting through + the Director of the Office of Emergency Communications + (referred to in this section as the ``Director''), and + in coordination with the Federal Communications + Commission and the Secretary of Commerce, shall + establish an International Border Community + Interoperable Communications Demonstration Project + (referred to in this section as the ``demonstration + project''). + (2) Minimum number of communities.--The Director + shall select no fewer than 6 communities to participate + in a demonstration project. + (3) Location of communities.--No fewer than 3 of + the communities selected under paragraph (2) shall be + located on the northern border of the United States and + no fewer than 3 of the communities selected under + paragraph (2) shall be located on the southern border + of the United States. + (b) Conditions.--The Director, in coordination with the +Federal Communications Commission and the Secretary of +Commerce, shall ensure that the project is carried out as soon +as adequate spectrum is available as a result of the 800 +megahertz rebanding process in border areas, and shall ensure +that the border projects do not impair or impede the rebanding +process, but under no circumstances shall funds be distributed +under this section unless the Federal Communications Commission +and the Secretary of Commerce agree that these conditions have +been met. + (c) Program Requirements.--Consistent with the +responsibilities of the Office of Emergency Communications +under section 1801, the Director shall foster local, tribal, +State, and Federal interoperable emergency communications, as +well as interoperable emergency communications with appropriate +Canadian and Mexican authorities in the communities selected +for the demonstration project. The Director shall-- + (1) identify solutions to facilitate interoperable + communications across national borders expeditiously; + (2) help ensure that emergency response providers + can communicate with each other in the event of natural + disasters, acts of terrorism, and other man-made + disasters; + (3) provide technical assistance to enable + emergency response providers to deal with threats and + contingencies in a variety of environments; + (4) identify appropriate joint-use equipment to + ensure communications access; + (5) identify solutions to facilitate communications + between emergency response providers in communities of + differing population densities; and + (6) take other actions or provide equipment as the + Director deems appropriate to foster interoperable + emergency communications. + (d) Distribution of Funds.-- + (1) In general.--The Secretary shall distribute + funds under this section to each community + participating in the demonstration project through the + State, or States, in which each community is located. + (2) Other participants.--A State shall make the + funds available promptly to the local and tribal + governments and emergency response providers selected + by the Secretary to participate in the demonstration + project. + (3) Report.--Not later than 90 days after a State + receives funds under this subsection the State shall + report to the Director on the status of the + distribution of such funds to local and tribal + governments. + (e) Maximum Period of Grants.--The Director may not fund +any participant under the demonstration project for more than 3 +years. + (f) Transfer of Information and Knowledge.--The Director +shall establish mechanisms to ensure that the information and +knowledge gained by participants in the demonstration project +are transferred among the participants and to other interested +parties, including other communities that submitted +applications to the participant in the project. + (g) Authorization of Appropriations.--There is authorized +to be appropriated for grants under this section such sums as +may be necessary. + + TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE + +SEC. 1901. [6 U.S.C. 591] DOMESTIC NUCLEAR DETECTION OFFICE. + + (a) Establishment.--There shall be established in the +Department a Domestic Nuclear Detection Office (referred to in +this title as the ``Office''). The Secretary may request that +the Secretary of Defense, the Secretary of Energy, the +Secretary of State, the Attorney General, the Nuclear +Regulatory Commission, and the directors of other Federal +agencies, including elements of the Intelligence Community, +provide for the reimbursable detail of personnel with relevant +expertise to the Office. + (b) Director.--The Office shall be headed by a Director for +Domestic Nuclear Detection, who shall be appointed by the +President. + +SEC. 1902. [6 U.S.C. 592] MISSION OF OFFICE. + + (a) Mission.--The Office shall be responsible for +coordinating Federal efforts to detect and protect against the +unauthorized importation, possession, storage, transportation, +development, or use of a nuclear explosive device, fissile +material, or radiological material in the United States, and to +protect against attack using such devices or materials against +the people, territory, or interests of the United States and, +to this end, shall-- + (1) serve as the primary entity of the United + States Government to further develop, acquire, and + support the deployment of an enhanced domestic system + to detect and report on attempts to import, possess, + store, transport, develop, or use an unauthorized + nuclear explosive device, fissile material, or + radiological material in the United States, and improve + that system over time; + (2) enhance and coordinate the nuclear detection + efforts of Federal, State, local, and tribal + governments and the private sector to ensure a managed, + coordinated response; + (3) establish, with the approval of the Secretary + and in coordination with the Attorney General, the + Secretary of Defense, and the Secretary of Energy, + additional protocols and procedures for use within the + United States to ensure that the detection of + unauthorized nuclear explosive devices, fissile + material, or radiological material is promptly reported + to the Attorney General, the Secretary, the Secretary + of Defense, the Secretary of Energy, and other + appropriate officials or their respective designees for + appropriate action by law enforcement, military, + emergency response, or other authorities; + (4) develop, with the approval of the Secretary and + in coordination with the Attorney General, the + Secretary of State, the Secretary of Defense, and the + Secretary of Energy, an enhanced global nuclear + detection architecture with implementation under + which-- + (A) the Office will be responsible for the + implementation of the domestic portion of the + global architecture; + (B) the Secretary of Defense will retain + responsibility for implementation of Department + of Defense requirements within and outside the + United States; and + (C) the Secretary of State, the Secretary + of Defense, and the Secretary of Energy will + maintain their respective responsibilities for + policy guidance and implementation of the + portion of the global architecture outside the + United States, which will be implemented + consistent with applicable law and relevant + international arrangements; + (5) ensure that the expertise necessary to + accurately interpret detection data is made available + in a timely manner for all technology deployed by the + Office to implement the global nuclear detection + architecture; + (6) conduct, support, coordinate, and encourage an + aggressive, expedited, evolutionary, and + transformational program of research and development to + generate and improve technologies to detect and prevent + the illicit entry, transport, assembly, or potential + use within the United States of a nuclear explosive + device or fissile or radiological material, and + coordinate with the Under Secretary for Science and + Technology on basic and advanced or transformational + research and development efforts relevant to the + mission of both organizations; + (7) carry out a program to test and evaluate + technology for detecting a nuclear explosive device and + fissile or radiological material, in coordination with + the Secretary of Defense and the Secretary of Energy, + as appropriate, and establish performance metrics for + evaluating the effectiveness of individual detectors + and detection systems in detecting such devices or + material-- + (A) under realistic operational and + environmental conditions; and + (B) against realistic adversary tactics and + countermeasures; + (8) support and enhance the effective sharing and + use of appropriate information generated by the + intelligence community, law enforcement agencies, + counterterrorism community, other government agencies, + and foreign governments, as well as provide appropriate + information to such entities; + (9) further enhance and maintain continuous + awareness by analyzing information from all Office + mission-related detection systems; and + (10) perform other duties as assigned by the + Secretary. + +SEC. 1903. [6 U.S.C. 593] HIRING AUTHORITY. + + In hiring personnel for the Office, the Secretary shall +have the hiring and management authorities provided in section +1101 of the Strom Thurmond National Defense Authorization Act +for Fiscal Year 1999 (5 U.S.C. 3104 note). The term of +appointments for employees under subsection (c)(1) of such +section may not exceed 5 years before granting any extension +under subsection (c)(2) of such section. + +SEC. 1904. [6 U.S.C. 594] TESTING AUTHORITY. + + (a) In General.--The Director shall coordinate with the +responsible Federal agency or other entity to facilitate the +use by the Office, by its contractors, or by other persons or +entities, of existing Government laboratories, centers, ranges, +or other testing facilities for the testing of materials, +equipment, models, computer software, and other items as may be +related to the missions identified in section 1902. Any such +use of Government facilities shall be carried out in accordance +with all applicable laws, regulations, and contractual +provisions, including those governing security, safety, and +environmental protection, including, when applicable, the +provisions of section 309. The Office may direct that private +sector entities utilizing Government facilities in accordance +with this section pay an appropriate fee to the agency that +owns or operates those facilities to defray additional costs to +the Government resulting from such use. + (b) Confidentiality of Test Results.--The results of tests +performed with services made available shall be confidential +and shall not be disclosed outside the Federal Government +without the consent of the persons for whom the tests are +performed. + (c) Fees.--Fees for services made available under this +section shall not exceed the amount necessary to recoup the +direct and indirect costs involved, such as direct costs of +utilities, contractor support, and salaries of personnel that +are incurred by the United States to provide for the testing. + (d) Use of Fees.--Fees received for services made available +under this section may be credited to the appropriation from +which funds were expended to provide such services. + +SEC. 1905. [6 U.S.C. 595] RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND + FEDERAL AGENCIES. + + The authority of the Director under this title shall not +affect the authorities or responsibilities of any officer of +the Department or of any officer of any other department or +agency of the United States with respect to the command, +control, or direction of the functions, personnel, funds, +assets, and liabilities of any entity within the Department or +any Federal department or agency. + +SEC. 1906. [6 U.S.C. 596] CONTRACTING AND GRANT MAKING AUTHORITIES. + + The Secretary, acting through the Director for Domestic +Nuclear Detection, in carrying out the responsibilities under +paragraphs (6) and (7) of section 1902(a), shall-- + (1) operate extramural and intramural programs and + distribute funds through grants, cooperative + agreements, and other transactions and contracts; + (2) ensure that activities under paragraphs (6) and + (7) of section 1902(a) include investigations of + radiation detection equipment in configurations + suitable for deployment at seaports, which may include + underwater or water surface detection equipment and + detection equipment that can be mounted on cranes and + straddle cars used to move shipping containers; and + (3) have the authority to establish or contract + with 1 or more federally funded research and + development centers to provide independent analysis of + homeland security issues and carry out other + responsibilities under this title. + +SEC. 1907. [6 U.S.C. 596A] JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL + NUCLEAR DETECTION ARCHITECTURE. + + (a) Annual Review.-- + (1) In general.--The Secretary, the Attorney + General, the Secretary of State, the Secretary of + Defense, the Secretary of Energy, and the Director of + National Intelligence shall jointly ensure interagency + coordination on the development and implementation of + the global nuclear detection architecture by ensuring + that, not less frequently than once each year-- + (A) each relevant agency, office, or + entity-- + (i) assesses its involvement, + support, and participation in the + development, revision, and + implementation of the global nuclear + detection architecture; and + (ii) examines and evaluates + components of the global nuclear + detection architecture (including + associated strategies and acquisition + plans) relating to the operations of + that agency, office, or entity, to + determine whether such components + incorporate and address current threat + assessments, scenarios, or intelligence + analyses developed by the Director of + National Intelligence or other agencies + regarding threats relating to nuclear + or radiological weapons of mass + destruction; and + (B) each agency, office, or entity + deploying or operating any nuclear or + radiological detection technology under the + global nuclear detection architecture-- + (i) evaluates the deployment and + operation of nuclear or radiological + detection technologies under the global + nuclear detection architecture by that + agency, office, or entity; + (ii) identifies performance + deficiencies and operational or + technical deficiencies in nuclear or + radiological detection technologies + deployed under the global nuclear + detection architecture; and + (iii) assesses the capacity of that + agency, office, or entity to implement + the responsibilities of that agency, + office, or entity under the global + nuclear detection architecture. + (2) Technology.--Not less frequently than once each + year, the Secretary shall examine and evaluate the + development, assessment, and acquisition of radiation + detection technologies deployed or implemented in + support of the domestic portion of the global nuclear + detection architecture. + (b) Annual Report on Joint Interagency Review.-- + (1) In general.--Not later than March 31 of each + year, the Secretary, the Attorney General, the + Secretary of State, the Secretary of Defense, the + Secretary of Energy, and the Director of National + Intelligence, shall jointly submit a report regarding + the implementation of this section and the results of + the reviews required under subsection (a) to-- + (A) the President; + (B) the Committee on Appropriations, the + Committee on Armed Services, the Select + Committee on Intelligence, and the Committee on + Homeland Security and Governmental Affairs of + the Senate; and + (C) the Committee on Appropriations, the + Committee on Armed Services, the Permanent + Select Committee on Intelligence, the Committee + on Homeland Security, and the Committee on + Science and Technology of the House of + Representatives. + (2) Form.--The annual report submitted under + paragraph (1) shall be submitted in unclassified form + to the maximum extent practicable, but may include a + classified annex. + (c) Definition.--In this section, the term ``global nuclear +detection architecture'' means the global nuclear detection +architecture developed under section 1902. + + TITLE XX--HOMELAND SECURITY GRANTS + +SEC. 2001. [6 U.S.C. 601] DEFINITIONS. + + In this title, the following definitions shall apply: + (1) Administrator.--The term ``Administrator'' + means the Administrator of the Federal Emergency + Management Agency. + (2) Appropriate committees of congress.--The term + ``appropriate committees of Congress'' means-- + (A) the Committee on Homeland Security and + Governmental Affairs of the Senate; and + (B) those committees of the House of + Representatives that the Speaker of the House + of Representatives determines appropriate. + (3) Critical infrastructure sectors.--The term + ``critical infrastructure sectors'' means the following + sectors, in both urban and rural areas: + (A) Agriculture and food. + (B) Banking and finance. + (C) Chemical industries. + (D) Commercial facilities. + (E) Commercial nuclear reactors, materials, + and waste. + (F) Dams. + (G) The defense industrial base. + (H) Emergency services. + (I) Energy. + (J) Government facilities. + (K) Information technology. + (L) National monuments and icons. + (M) Postal and shipping. + (N) Public health and health care. + (O) Telecommunications. + (P) Transportation systems. + (Q) Water. + (4) Directly eligible tribe.--The term ``directly + eligible tribe'' means-- + (A) any Indian tribe-- + (i) that is located in the + continental United States; + (ii) that operates a law + enforcement or emergency response + agency with the capacity to respond to + calls for law enforcement or emergency + services; + (iii)(I) that is located on or near + an international border or a coastline + bordering an ocean (including the Gulf + of Mexico) or international waters; + (II) that is located within 10 + miles of a system or asset included on + the prioritized critical infrastructure + list established under section + 210E(a)(2) or has such a system or + asset within its territory; + (III) that is located within or + contiguous to 1 of the 50 most populous + metropolitan statistical areas in the + United States; or + (IV) the jurisdiction of which + includes not less than 1,000 square + miles of Indian country, as that term + is defined in section 1151 of title 18, + United States Code; and + (iv) that certifies to the + Secretary that a State has not provided + funds under section 2003 or 2004 to the + Indian tribe or consortium of Indian + tribes for the purpose for which direct + funding is sought; and + (B) a consortium of Indian tribes, if each + tribe satisfies the requirements of + subparagraph (A). + (5) Eligible metropolitan area.--The term + ``eligible metropolitan area'' means any of the 100 + most populous metropolitan statistical areas in the + United States. + (6) High-risk urban area.--The term ``high-risk + urban area'' means a high-risk urban area designated + under section 2003(b)(3)(A). + (7) Indian tribe.--The term ``Indian tribe'' has + the meaning given that term in section 4(e) of the + Indian Self-Determination Act (25 U.S.C. 450b(e)). + (8) Metropolitan statistical area.--The term + ``metropolitan statistical area'' means a metropolitan + statistical area, as defined by the Office of + Management and Budget. + (9) National special security event.--The term + ``National Special Security Event'' means a designated + event that, by virtue of its political, economic, + social, or religious significance, may be the target of + terrorism or other criminal activity. + (10) Population.--The term ``population'' means + population according to the most recent United States + census population estimates available at the start of + the relevant fiscal year. + (11) Population density.--The term ``population + density'' means population divided by land area in + square miles. + (12) Qualified intelligence analyst.--The term + ``qualified intelligence analyst'' means an + intelligence analyst (as that term is defined in + section 210A(j)), including law enforcement personnel-- + (A) who has successfully completed training + to ensure baseline proficiency in intelligence + analysis and production, as determined by the + Secretary, which may include training using a + curriculum developed under section 209; or + (B) whose experience ensures baseline + proficiency in intelligence analysis and + production equivalent to the training required + under subparagraph (A), as determined by the + Secretary. + (13) Target capabilities.--The term ``target + capabilities'' means the target capabilities for + Federal, State, local, and tribal government + preparedness for which guidelines are required to be + established under section 646(a) of the Post-Katrina + Emergency Management Reform Act of 2006 (6 U.S.C. + 746(a)). + (14) Tribal government.--The term ``tribal + government'' means the government of an Indian tribe. + + Subtitle A--Grants to States and High-Risk Urban Areas + +SEC. 2002. [6 U.S.C. 603] HOMELAND SECURITY GRANT PROGRAMS. + + (a) Grants Authorized.--The Secretary, through the +Administrator, may award grants under sections 2003 and 2004 to +State, local, and tribal governments. + (b) Programs Not Affected.--This subtitle shall not be +construed to affect any of the following Federal programs: + (1) Firefighter and other assistance programs + authorized under the Federal Fire Prevention and + Control Act of 1974 (15 U.S.C. 2201 et seq.). + (2) Grants authorized under the Robert T. Stafford + Disaster Relief and Emergency Assistance Act (42 U.S.C. + 5121 et seq.). + (3) Emergency Management Performance Grants under + the amendments made by title II of the Implementing + Recommendations of the 9/11 Commission Act of 2007. + (4) Grants to protect critical infrastructure, + including port security grants authorized under section + 70107 of title 46, United States Code, and the grants + authorized under title XIV and XV of the Implementing + Recommendations of the 9/11 Commission Act of 2007 and + the amendments made by such titles. + (5) The Metropolitan Medical Response System + authorized under section 635 of the Post-Katrina + Emergency Management Reform Act of 2006 (6 U.S.C. 723). + (6) The Interoperable Emergency Communications + Grant Program authorized under title XVIII. + (7) Grant programs other than those administered by + the Department. + (c) Relationship to Other Laws.-- + (1) In general.--The grant programs authorized + under sections 2003 and 2004 shall supercede all grant + programs authorized under section 1014 of the USA + PATRIOT Act (42 U.S.C. 3714). + (2) Allocation.--The allocation of grants + authorized under section 2003 or 2004 shall be governed + by the terms of this subtitle and not by any other + provision of law. + +SEC. 2003. [6 U.S.C. 604] URBAN AREA SECURITY INITIATIVE. + + (a) Establishment.--There is established an Urban Area +Security Initiative to provide grants to assist high-risk urban +areas in preventing, preparing for, protecting against, and +responding to acts of terrorism. + (b) Assessment and Designation of High-Risk Urban Areas.-- + (1) In general.--The Administrator shall designate + high-risk urban areas to receive grants under this + section based on procedures under this subsection. + (2) Initial assessment.-- + (A) In general.--For each fiscal year, the + Administrator shall conduct an initial + assessment of the relative threat, + vulnerability, and consequences from acts of + terrorism faced by each eligible metropolitan + area, including consideration of-- + (i) the factors set forth in + subparagraphs (A) through (H) and (K) + of section 2007(a)(1); and + (ii) information and materials + submitted under subparagraph (B). + (B) Submission of information by eligible + metropolitan areas.--Prior to conducting each + initial assessment under subparagraph (A), the + Administrator shall provide each eligible + metropolitan area with, and shall notify each + eligible metropolitan area of, the opportunity + to-- + (i) submit information that the + eligible metropolitan area believes to + be relevant to the determination of the + threat, vulnerability, and consequences + it faces from acts of terrorism; and + (ii) review the risk assessment + conducted by the Department of that + eligible metropolitan area, including + the bases for the assessment by the + Department of the threat, + vulnerability, and consequences from + acts of terrorism faced by that + eligible metropolitan area, and remedy + erroneous or incomplete information. + (3) Designation of high-risk urban areas.-- + (A) Designation.-- + (i) In general.--For each fiscal + year, after conducting the initial + assessment under paragraph (2), and + based on that assessment, the + Administrator shall designate high-risk + urban areas that may submit + applications for grants under this + section. + (ii) Additional areas.-- + Notwithstanding paragraph (2), the + Administrator may-- + (I) in any case where an + eligible metropolitan area + consists of more than 1 + metropolitan division (as that + term is defined by the Office + of Management and Budget) + designate more than 1 high-risk + urban area within a single + eligible metropolitan area; and + (II) designate an area that + is not an eligible metropolitan + area as a high-risk urban area + based on the assessment by the + Administrator of the relative + threat, vulnerability, and + consequences from acts of + terrorism faced by the area. + (iii) Rule of construction.-- + Nothing in this subsection may be + construed to require the Administrator + to-- + (I) designate all eligible + metropolitan areas that submit + information to the + Administrator under paragraph + (2)(B)(i) as high-risk urban + areas; or + (II) designate all areas + within an eligible metropolitan + area as part of the high-risk + urban area. + (B) Jurisdictions included in high-risk + urban areas.-- + (i) In general.--In designating + high-risk urban areas under + subparagraph (A), the Administrator + shall determine which jurisdictions, at + a minimum, shall be included in each + high-risk urban area. + (ii) Additional jurisdictions.--A + high-risk urban area designated by the + Administrator may, in consultation with + the State or States in which such high- + risk urban area is located, add + additional jurisdictions to the high- + risk urban area. + (c) Application.-- + (1) In general.--An area designated as a high-risk + urban area under subsection (b) may apply for a grant + under this section. + (2) Minimum contents of application.--In an + application for a grant under this section, a high-risk + urban area shall submit-- + (A) a plan describing the proposed division + of responsibilities and distribution of funding + among the local and tribal governments in the + high-risk urban area; + (B) the name of an individual to serve as a + high-risk urban area liaison with the + Department and among the various jurisdictions + in the high-risk urban area; and + (C) such information in support of the + application as the Administrator may reasonably + require. + (3) Annual applications.--Applicants for grants + under this section shall apply or reapply on an annual + basis. + (4) State review and transmission.-- + (A) In general.--To ensure consistency with + State homeland security plans, a high-risk + urban area applying for a grant under this + section shall submit its application to each + State within which any part of that high-risk + urban area is located for review before + submission of such application to the + Department. + (B) Deadline.--Not later than 30 days after + receiving an application from a high-risk urban + area under subparagraph (A), a State shall + transmit the application to the Department. + (C) Opportunity for state comment.--If the + Governor of a State determines that an + application of a high-risk urban area is + inconsistent with the State homeland security + plan of that State, or otherwise does not + support the application, the Governor shall-- + (i) notify the Administrator, in + writing, of that fact; and + (ii) provide an explanation of the + reason for not supporting the + application at the time of transmission + of the application. + (5) Opportunity to amend.--In considering + applications for grants under this section, the + Administrator shall provide applicants with a + reasonable opportunity to correct defects in the + application, if any, before making final awards. + (d) Distribution of Awards.-- + (1) In general.--If the Administrator approves the + application of a high-risk urban area for a grant under + this section, the Administrator shall distribute the + grant funds to the State or States in which that high- + risk urban area is located. + (2) State distribution of funds.-- + (A) In general.--Not later than 45 days + after the date that a State receives grant + funds under paragraph (1), that State shall + provide the high-risk urban area awarded that + grant not less than 80 percent of the grant + funds. Any funds retained by a State shall be + expended on items, services, or activities that + benefit the high-risk urban area. + (B) Funds retained.--A State shall provide + each relevant high-risk urban area with an + accounting of the items, services, or + activities on which any funds retained by the + State under subparagraph (A) were expended. + (3) Interstate urban areas.--If parts of a high- + risk urban area awarded a grant under this section are + located in 2 or more States, the Administrator shall + distribute to each such State-- + (A) a portion of the grant funds in + accordance with the proposed distribution set + forth in the application; or + (B) if no agreement on distribution has + been reached, a portion of the grant funds + determined by the Administrator to be + appropriate. + (4) Certifications regarding distribution of grant + funds to high-risk urban areas.--A State that receives + grant funds under paragraph (1) shall certify to the + Administrator that the State has made available to the + applicable high-risk urban area the required funds + under paragraph (2). + (e) Authorization of Appropriations.--There are authorized +to be appropriated for grants under this section-- + (1) $850,000,000 for fiscal year 2008; + (2) $950,000,000 for fiscal year 2009; + (3) $1,050,000,000 for fiscal year 2010; + (4) $1,150,000,000 for fiscal year 2011; + (5) $1,300,000,000 for fiscal year 2012; and + (6) such sums as are necessary for fiscal year + 2013, and each fiscal year thereafter. + +SEC. 2004. [6 U.S.C. 605] STATE HOMELAND SECURITY GRANT PROGRAM. + + (a) Establishment.--There is established a State Homeland +Security Grant Program to assist State, local, and tribal +governments in preventing, preparing for, protecting against, +and responding to acts of terrorism. + (b) Application.-- + (1) In general.--Each State may apply for a grant + under this section, and shall submit such information + in support of the application as the Administrator may + reasonably require. + (2) Minimum contents of application.--The + Administrator shall require that each State include in + its application, at a minimum-- + (A) the purpose for which the State seeks + grant funds and the reasons why the State needs + the grant to meet the target capabilities of + that State; + (B) a description of how the State plans to + allocate the grant funds to local governments + and Indian tribes; and + (C) a budget showing how the State intends + to expend the grant funds. + (3) Annual applications.--Applicants for grants + under this section shall apply or reapply on an annual + basis. + (c) Distribution to Local and Tribal Governments.-- + (1) In general.--Not later than 45 days after + receiving grant funds, any State receiving a grant + under this section shall make available to local and + tribal governments, consistent with the applicable + State homeland security plan-- + (A) not less than 80 percent of the grant + funds; + (B) with the consent of local and tribal + governments, items, services, or activities + having a value of not less than 80 percent of + the amount of the grant; or + (C) with the consent of local and tribal + governments, grant funds combined with other + items, services, or activities having a total + value of not less than 80 percent of the amount + of the grant. + (2) Certifications regarding distribution of grant + funds to local governments.--A State shall certify to + the Administrator that the State has made the + distribution to local and tribal governments required + under paragraph (1). + (3) Extension of period.--The Governor of a State + may request in writing that the Administrator extend + the period under paragraph (1) for an additional period + of time. The Administrator may approve such a request + if the Administrator determines that the resulting + delay in providing grant funding to the local and + tribal governments is necessary to promote effective + investments to prevent, prepare for, protect against, + or respond to acts of terrorism. + (4) Exception.--Paragraph (1) shall not apply to + the District of Columbia, the Commonwealth of Puerto + Rico, American Samoa, the Commonwealth of the Northern + Mariana Islands, Guam, or the Virgin Islands. + (5) Direct funding.--If a State fails to make the + distribution to local or tribal governments required + under paragraph (1) in a timely fashion, a local or + tribal government entitled to receive such distribution + may petition the Administrator to request that grant + funds be provided directly to the local or tribal + government. + (d) Multistate Applications.-- + (1) In general.--Instead of, or in addition to, any + application for a grant under subsection (b), 2 or more + States may submit an application for a grant under this + section in support of multistate efforts to prevent, + prepare for, protect against, and respond to acts of + terrorism. + (2) Administration of grant.--If a group of States + applies for a grant under this section, such States + shall submit to the Administrator at the time of + application a plan describing-- + (A) the division of responsibilities for + administering the grant; and + (B) the distribution of funding among the + States that are parties to the application. + (e) Minimum Allocation.-- + (1) In general.--In allocating funds under this + section, the Administrator shall ensure that-- + (A) except as provided in subparagraph (B), + each State receives, from the funds + appropriated for the State Homeland Security + Grant Program established under this section, + not less than an amount equal to-- + (i) 0.375 percent of the total + funds appropriated for grants under + this section and section 2003 in fiscal + year 2008; + (ii) 0.365 percent of the total + funds appropriated for grants under + this section and section 2003 in fiscal + year 2009; + (iii) 0.36 percent of the total + funds appropriated for grants under + this section and section 2003 in fiscal + year 2010; + (iv) 0.355 percent of the total + funds appropriated for grants under + this section and section 2003 in fiscal + year 2011; and + (v) 0.35 percent of the total funds + appropriated for grants under this + section and section 2003 in fiscal year + 2012 and in each fiscal year + thereafter; and + (B) for each fiscal year, American Samoa, + the Commonwealth of the Northern Mariana + Islands, Guam, and the Virgin Islands each + receive, from the funds appropriated for the + State Homeland Security Grant Program + established under this section, not less than + an amount equal to 0.08 percent of the total + funds appropriated for grants under this + section and section 2003. + (2) Effect of multistate award on state minimum.-- + Any portion of a multistate award provided to a State + under subsection (d) shall be considered in calculating + the minimum State allocation under this subsection. + (f) Authorization of Appropriations.--There are authorized +to be appropriated for grants under this section-- + (1) $950,000,000 for each of fiscal years 2008 + through 2012; and + (2) such sums as are necessary for fiscal year + 2013, and each fiscal year thereafter. + +SEC. 2005. [6 U.S.C. 606] GRANTS TO DIRECTLY ELIGIBLE TRIBES. + + (a) In General.--Notwithstanding section 2004(b), the +Administrator may award grants to directly eligible tribes +under section 2004. + (b) Tribal Applications.--A directly eligible tribe may +apply for a grant under section 2004 by submitting an +application to the Administrator that includes, as appropriate, +the information required for an application by a State under +section 2004(b). + (c) Consistency With State Plans.-- + (1) In general.--To ensure consistency with any + applicable State homeland security plan, a directly + eligible tribe applying for a grant under section 2004 + shall provide a copy of its application to each State + within which any part of the tribe is located for + review before the tribe submits such application to the + Department. + (2) Opportunity for comment.--If the Governor of a + State determines that the application of a directly + eligible tribe is inconsistent with the State homeland + security plan of that State, or otherwise does not + support the application, not later than 30 days after + the date of receipt of that application the Governor + shall-- + (A) notify the Administrator, in writing, + of that fact; and + (B) provide an explanation of the reason + for not supporting the application. + (d) Final Authority.--The Administrator shall have final +authority to approve any application of a directly eligible +tribe. The Administrator shall notify each State within the +boundaries of which any part of a directly eligible tribe is +located of the approval of an application by the tribe. + (e) Prioritization.--The Administrator shall allocate funds +to directly eligible tribes in accordance with the factors +applicable to allocating funds among States under section 2007. + (f) Distribution of Awards to Directly Eligible Tribes.--If +the Administrator awards funds to a directly eligible tribe +under this section, the Administrator shall distribute the +grant funds directly to the tribe and not through any State. + (g) Minimum Allocation.-- + (1) In general.--In allocating funds under this + section, the Administrator shall ensure that, for each + fiscal year, directly eligible tribes collectively + receive, from the funds appropriated for the State + Homeland Security Grant Program established under + section 2004, not less than an amount equal to 0.1 + percent of the total funds appropriated for grants + under sections 2003 and 2004. + (2) Exception.--This subsection shall not apply in + any fiscal year in which the Administrator-- + (A) receives fewer than 5 applications + under this section; or + (B) does not approve at least 2 + applications under this section. + (h) Tribal Liaison.--A directly eligible tribe applying for +a grant under section 2004 shall designate an individual to +serve as a tribal liaison with the Department and other +Federal, State, local, and regional government officials +concerning preventing, preparing for, protecting against, and +responding to acts of terrorism. + (i) Eligibility for Other Funds.--A directly eligible tribe +that receives a grant under section 2004 may receive funds for +other purposes under a grant from the State or States within +the boundaries of which any part of such tribe is located and +from any high-risk urban area of which it is a part, consistent +with the homeland security plan of the State or high-risk urban +area. + (j) State Obligations.-- + (1) In general.--States shall be responsible for + allocating grant funds received under section 2004 to + tribal governments in order to help those tribal + communities achieve target capabilities not achieved + through grants to directly eligible tribes. + (2) Distribution of grant funds.--With respect to a + grant to a State under section 2004, an Indian tribe + shall be eligible for funding directly from that State, + and shall not be required to seek funding from any + local government. + (3) Imposition of requirements.--A State may not + impose unreasonable or unduly burdensome requirements + on an Indian tribe as a condition of providing the + Indian tribe with grant funds or resources under + section 2004. + (k) Rule of Construction.--Nothing in this section shall be +construed to affect the authority of an Indian tribe that +receives funds under this subtitle. + +SEC. 2006. [6 U.S.C. 607] TERRORISM PREVENTION. + + (a) Law Enforcement Terrorism Prevention Program.-- + (1) In general.--The Administrator shall ensure + that not less than 25 percent of the total combined + funds appropriated for grants under sections 2003 and + 2004 is used for law enforcement terrorism prevention + activities. + (2) Law enforcement terrorism prevention + activities.--Law enforcement terrorism prevention + activities include-- + (A) information sharing and analysis; + (B) target hardening; + (C) threat recognition; + (D) terrorist interdiction; + (E) overtime expenses consistent with a + State homeland security plan, including for the + provision of enhanced law enforcement + operations in support of Federal agencies, + including for increased border security and + border crossing enforcement; + (F) establishing, enhancing, and staffing + with appropriately qualified personnel State, + local, and regional fusion centers that comply + with the guidelines established under section + 210A(i); + (G) paying salaries and benefits for + personnel, including individuals employed by + the grant recipient on the date of the relevant + grant application, to serve as qualified + intelligence analysts; + (H) any other activity permitted under the + Fiscal Year 2007 Program Guidance of the + Department for the Law Enforcement Terrorism + Prevention Program; and + (I) any other terrorism prevention activity + authorized by the Administrator. + (3) Participation of underrepresented communities + in fusion centers.--The Administrator shall ensure that + grant funds described in paragraph (1) are used to + support the participation, as appropriate, of law + enforcement and other emergency response providers from + rural and other underrepresented communities at risk + from acts of terrorism in fusion centers. + (b) Office for State and Local Law Enforcement.-- + (1) Establishment.--There is established in the + Policy Directorate of the Department an Office for + State and Local Law Enforcement, which shall be headed + by an Assistant Secretary for State and Local Law + Enforcement. + (2) Qualifications.--The Assistant Secretary for + State and Local Law Enforcement shall have an + appropriate background with experience in law + enforcement, intelligence, and other counterterrorism + functions. + (3) Assignment of personnel.--The Secretary shall + assign to the Office for State and Local Law + Enforcement permanent staff and, as appropriate and + consistent with sections 506(c)(2), 821, and 888(d), + other appropriate personnel detailed from other + components of the Department to carry out the + responsibilities under this subsection. + (4) Responsibilities.--The Assistant Secretary for + State and Local Law Enforcement shall-- + (A) lead the coordination of Department- + wide policies relating to the role of State and + local law enforcement in preventing, preparing + for, protecting against, and responding to + natural disasters, acts of terrorism, and other + man-made disasters within the United States; + (B) serve as a liaison between State, + local, and tribal law enforcement agencies and + the Department; + (C) coordinate with the Office of + Intelligence and Analysis to ensure the + intelligence and information sharing + requirements of State, local, and tribal law + enforcement agencies are being addressed; + (D) work with the Administrator to ensure + that law enforcement and terrorism-focused + grants to State, local, and tribal government + agencies, including grants under sections 2003 + and 2004, the Commercial Equipment Direct + Assistance Program, and other grants + administered by the Department to support + fusion centers and law enforcement-oriented + programs, are appropriately focused on + terrorism prevention activities; + (E) coordinate with the Science and + Technology Directorate, the Federal Emergency + Management Agency, the Department of Justice, + the National Institute of Justice, law + enforcement organizations, and other + appropriate entities to support the + development, promulgation, and updating, as + necessary, of national voluntary consensus + standards for training and personal protective + equipment to be used in a tactical environment + by law enforcement officers; and + (F) conduct, jointly with the + Administrator, a study to determine the + efficacy and feasibility of establishing + specialized law enforcement deployment teams to + assist State, local, and tribal governments in + responding to natural disasters, acts of + terrorism, or other man-made disasters and + report on the results of that study to the + appropriate committees of Congress. + (5) Rule of construction.--Nothing in this + subsection shall be construed to diminish, supercede, + or replace the responsibilities, authorities, or role + of the Administrator. + +SEC. 2007. [6 U.S.C. 608] PRIORITIZATION. + + (a) In General.--In allocating funds among States and high- +risk urban areas applying for grants under section 2003 or +2004, the Administrator shall consider, for each State or high- +risk urban area-- + (1) its relative threat, vulnerability, and + consequences from acts of terrorism, including + consideration of-- + (A) its population, including appropriate + consideration of military, tourist, and + commuter populations; + (B) its population density; + (C) its history of threats, including + whether it has been the target of a prior act + of terrorism; + (D) its degree of threat, vulnerability, + and consequences related to critical + infrastructure (for all critical infrastructure + sectors) or key resources identified by the + Administrator or the State homeland security + plan, including threats, vulnerabilities, and + consequences related to critical infrastructure + or key resources in nearby jurisdictions; + (E) the most current threat assessments + available to the Department; + (F) whether the State has, or the high-risk + urban area is located at or near, an + international border; + (G) whether it has a coastline bordering an + ocean (including the Gulf of Mexico) or + international waters; + (H) its likely need to respond to acts of + terrorism occurring in nearby jurisdictions; + (I) the extent to which it has unmet target + capabilities; + (J) in the case of a high-risk urban area, + the extent to which that high-risk urban area + includes-- + (i) those incorporated + municipalities, counties, parishes, and + Indian tribes within the relevant + eligible metropolitan area, the + inclusion of which will enhance + regional efforts to prevent, prepare + for, protect against, and respond to + acts of terrorism; and + (ii) other local and tribal + governments in the surrounding area + that are likely to be called upon to + respond to acts of terrorism within the + high-risk urban area; and + (K) such other factors as are specified in + writing by the Administrator; and + (2) the anticipated effectiveness of the proposed + use of the grant by the State or high-risk urban area + in increasing the ability of that State or high-risk + urban area to prevent, prepare for, protect against, + and respond to acts of terrorism, to meet its target + capabilities, and to otherwise reduce the overall risk + to the high-risk urban area, the State, or the Nation. + (b) Types of Threat.--In assessing threat under this +section, the Administrator shall consider the following types +of threat to critical infrastructure sectors and to populations +in all areas of the United States, urban and rural: + (1) Biological. + (2) Chemical. + (3) Cyber. + (4) Explosives. + (5) Incendiary. + (6) Nuclear. + (7) Radiological. + (8) Suicide bombers. + (9) Such other types of threat determined relevant + by the Administrator. + +SEC. 2008. [6 U.S.C. 609] USE OF FUNDS. + + (a) Permitted Uses.--The Administrator shall permit the +recipient of a grant under section 2003 or 2004 to use grant +funds to achieve target capabilities related to preventing, +preparing for, protecting against, and responding to acts of +terrorism, consistent with a State homeland security plan and +relevant local, tribal, and regional homeland security plans, +through-- + (1) developing and enhancing homeland security, + emergency management, or other relevant plans, + assessments, or mutual aid agreements; + (2) designing, conducting, and evaluating training + and exercises, including training and exercises + conducted under section 512 of this Act and section 648 + of the Post-Katrina Emergency Management Reform Act of + 2006 (6 U.S.C. 748); + (3) protecting a system or asset included on the + prioritized critical infrastructure list established + under section 210E(a)(2); + (4) purchasing, upgrading, storing, or maintaining + equipment, including computer hardware and software; + (5) ensuring operability and achieving + interoperability of emergency communications; + (6) responding to an increase in the threat level + under the Homeland Security Advisory System, or to the + needs resulting from a National Special Security Event; + (7) establishing, enhancing, and staffing with + appropriately qualified personnel State, local, and + regional fusion centers that comply with the guidelines + established under section 210A(i); + (8) enhancing school preparedness; + (9) supporting public safety answering points; + (10) paying salaries and benefits for personnel, + including individuals employed by the grant recipient + on the date of the relevant grant application, to serve + as qualified intelligence analysts, regardless of + whether such analysts are current or new full-time + employees or contract employees; + (11) paying expenses directly related to + administration of the grant, except that such expenses + may not exceed 3 percent of the amount of the grant; + (12) any activity permitted under the Fiscal Year + 2007 Program Guidance of the Department for the State + Homeland Security Grant Program, the Urban Area + Security Initiative (including activities permitted + under the full-time counterterrorism staffing pilot), + or the Law Enforcement Terrorism Prevention Program; + and + (13) any other appropriate activity, as determined + by the Administrator. + (b) Limitations on Use of Funds.-- + (1) In general.--Funds provided under section 2003 + or 2004 may not be used-- + (A) to supplant State or local funds, + except that nothing in this paragraph shall + prohibit the use of grant funds provided to a + State or high-risk urban area for otherwise + permissible uses under subsection (a) on the + basis that a State or high-risk urban area has + previously used State or local funds to support + the same or similar uses; or + (B) for any State or local government cost- + sharing contribution. + (2) Personnel.-- + (A) In general.--Not more than 50 percent + of the amount awarded to a grant recipient + under section 2003 or 2004 in any fiscal year + may be used to pay for personnel, including + overtime and backfill costs, in support of the + permitted uses under subsection (a). + (B) Waiver.--At the request of the + recipient of a grant under section 2003 or + 2004, the Administrator may grant a waiver of + the limitation under subparagraph (A). + (3) Limitations on discretion.-- + (A) In general.--With respect to the use of + amounts awarded to a grant recipient under + section 2003 or 2004 for personnel costs in + accordance with paragraph (2) of this + subsection, the Administrator may not-- + (i) impose a limit on the amount of + the award that may be used to pay for + personnel, or personnel-related, costs + that is higher or lower than the + percent limit imposed in paragraph + (2)(A); or + (ii) impose any additional + limitation on the portion of the funds + of a recipient that may be used for a + specific type, purpose, or category of + personnel, or personnel-related, costs. + (B) Analysts.--If amounts awarded to a + grant recipient under section 2003 or 2004 are + used for paying salary or benefits of a + qualified intelligence analyst under subsection + (a)(10), the Administrator shall make such + amounts available without time limitations + placed on the period of time that the analyst + can serve under the grant. + (4) Construction.-- + (A) In general.--A grant awarded under + section 2003 or 2004 may not be used to acquire + land or to construct buildings or other + physical facilities. + (B) Exceptions.-- + (i) In general.--Notwithstanding + subparagraph (A), nothing in this + paragraph shall prohibit the use of a + grant awarded under section 2003 or + 2004 to achieve target capabilities + related to preventing, preparing for, + protecting against, or responding to + acts of terrorism, including through + the alteration or remodeling of + existing buildings for the purpose of + making such buildings secure against + acts of terrorism. + (ii) Requirements for exception.-- + No grant awarded under section 2003 or + 2004 may be used for a purpose + described in clause (i) unless-- + (I) specifically approved + by the Administrator; + (II) any construction work + occurs under terms and + conditions consistent with the + requirements under section + 611(j)(9) of the Robert T. + Stafford Disaster Relief and + Emergency Assistance Act (42 + U.S.C. 5196(j)(9)); and + (III) the amount allocated + for purposes under clause (i) + does not exceed the greater of + $1,000,000 or 15 percent of the + grant award. + (5) Recreation.--Grants awarded under this subtitle + may not be used for recreational or social purposes. + (c) Multiple-Purpose Funds.--Nothing in this subtitle shall +be construed to prohibit State, local, or tribal governments +from using grant funds under sections 2003 and 2004 in a manner +that enhances preparedness for disasters unrelated to acts of +terrorism, if such use assists such governments in achieving +target capabilities related to preventing, preparing for, +protecting against, or responding to acts of terrorism. + (d) Reimbursement of Costs.-- + (1) Paid-on-call or volunteer reimbursement.--In + addition to the activities described in subsection (a), + a grant under section 2003 or 2004 may be used to + provide a reasonable stipend to paid-on-call or + volunteer emergency response providers who are not + otherwise compensated for travel to or participation in + training or exercises related to the purposes of this + subtitle. Any such reimbursement shall not be + considered compensation for purposes of rendering an + emergency response provider an employee under the Fair + Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). + (2) Performance of federal duty.--An applicant for + a grant under section 2003 or 2004 may petition the + Administrator to use the funds from its grants under + those sections for the reimbursement of the cost of any + activity relating to preventing, preparing for, + protecting against, or responding to acts of terrorism + that is a Federal duty and usually performed by a + Federal agency, and that is being performed by a State + or local government under agreement with a Federal + agency. + (e) Flexibility in Unspent Homeland Security Grant Funds.-- +Upon request by the recipient of a grant under section 2003 or +2004, the Administrator may authorize the grant recipient to +transfer all or part of the grant funds from uses specified in +the grant agreement to other uses authorized under this +section, if the Administrator determines that such transfer is +in the interests of homeland security. + (f) Equipment Standards.--If an applicant for a grant under +section 2003 or 2004 proposes to upgrade or purchase, with +assistance provided under that grant, new equipment or systems +that do not meet or exceed any applicable national voluntary +consensus standards developed under section 647 of the Post- +Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), +the applicant shall include in its application an explanation +of why such equipment or systems will serve the needs of the +applicant better than equipment or systems that meet or exceed +such standards. + + Subtitle B--Grants Administration + +SEC. 2021. [6 U.S.C. 611] ADMINISTRATION AND COORDINATION. + + (a) Regional Coordination.--The Administrator shall ensure +that-- + (1) all recipients of grants administered by the + Department to prevent, prepare for, protect against, or + respond to natural disasters, acts of terrorism, or + other man-made disasters (excluding assistance provided + under section 203, title IV, or title V of the Robert + T. Stafford Disaster Relief and Emergency Assistance + Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) + coordinate, as appropriate, their prevention, + preparedness, and protection efforts with neighboring + State, local, and tribal governments; and + (2) all high-risk urban areas and other recipients + of grants administered by the Department to prevent, + prepare for, protect against, or respond to natural + disasters, acts of terrorism, or other man-made + disasters (excluding assistance provided under section + 203, title IV, or title V of the Robert T. Stafford + Disaster Relief and Emergency Assistance Act (42 U.S.C. + 5133, 5170 et seq., and 5191 et seq.)) that include or + substantially affect parts or all of more than 1 State + coordinate, as appropriate, across State boundaries, + including, where appropriate, through the use of + regional working groups and requirements for regional + plans. + (b) Planning Committees.-- + (1) In general.--Any State or high-risk urban area + receiving a grant under section 2003 or 2004 shall + establish a planning committee to assist in preparation + and revision of the State, regional, or local homeland + security plan and to assist in determining effective + funding priorities for grants under sections 2003 and + 2004. + (2) Composition.-- + (A) In general.--The planning committee + shall include representatives of significant + stakeholders, including-- + (i) local and tribal government + officials; and + (ii) emergency response providers, + which shall include representatives of + the fire service, law enforcement, + emergency medical response, and + emergency managers. + (B) Geographic representation.--The members + of the planning committee shall be a + representative group of individuals from the + counties, cities, towns, and Indian tribes + within the State or high-risk urban area, + including, as appropriate, representatives of + rural, high-population, and high-threat + jurisdictions. + (3) Existing planning committees.--Nothing in this + subsection may be construed to require that any State + or high-risk urban area create a planning committee if + that State or high-risk urban area has established and + uses a multijurisdictional planning committee or + commission that meets the requirements of this + subsection. + (c) Interagency Coordination.-- + (1) In general.--Not later than 12 months after the + date of enactment of the Implementing Recommendations + of the 9/11 Commission Act of 2007, the Secretary + (acting through the Administrator), the Attorney + General, the Secretary of Health and Human Services, + and the heads of other agencies providing assistance to + State, local, and tribal governments for preventing, + preparing for, protecting against, and responding to + natural disasters, acts of terrorism, and other man- + made disasters, shall jointly-- + (A) compile a comprehensive list of Federal + grant programs for State, local, and tribal + governments for preventing, preparing for, + protecting against, and responding to natural + disasters, acts of terrorism, and other man- + made disasters; + (B) compile the planning, reporting, + application, and other requirements and + guidance for the grant programs described in + subparagraph (A); + (C) develop recommendations, as + appropriate, to-- + (i) eliminate redundant and + duplicative requirements for State, + local, and tribal governments, + including onerous application and + ongoing reporting requirements; + (ii) ensure accountability of the + programs to the intended purposes of + such programs; + (iii) coordinate allocation of + grant funds to avoid duplicative or + inconsistent purchases by the + recipients; + (iv) make the programs more + accessible and user friendly to + applicants; and + (v) ensure the programs are + coordinated to enhance the overall + preparedness of the Nation; + (D) submit the information and + recommendations under subparagraphs (A), (B), + and (C) to the appropriate committees of + Congress; and + (E) provide the appropriate committees of + Congress, the Comptroller General, and any + officer or employee of the Government + Accountability Office with full access to any + information collected or reviewed in preparing + the submission under subparagraph (D). + (2) Scope of task.--Nothing in this subsection + shall authorize the elimination, or the alteration of + the purposes, as delineated by statute, regulation, or + guidance, of any grant program that exists on the date + of the enactment of the Implementing Recommendations of + the 9/11 Commission Act of 2007, nor authorize the + review or preparation of proposals on the elimination, + or the alteration of such purposes, of any such grant + program. + (d) Sense of Congress.--It is the sense of Congress that, +in order to ensure that the Nation is most effectively able to +prevent, prepare for, protect against, and respond to all +hazards, including natural disasters, acts of terrorism, and +other man-made disasters-- + (1) the Department should administer a coherent and + coordinated system of both terrorism-focused and all- + hazards grants; + (2) there should be a continuing and appropriate + balance between funding for terrorism-focused and all- + hazards preparedness, as reflected in the + authorizations of appropriations for grants under the + amendments made by titles I and II, as applicable, of + the Implementing Recommendations of the 9/11 Commission + Act of 2007; and + (3) with respect to terrorism-focused grants, it is + necessary to ensure both that the target capabilities + of the highest risk areas are achieved quickly and that + basic levels of preparedness, as measured by the + attainment of target capabilities, are achieved + nationwide. + +SEC. 2022. [6 U.S.C. 612] ACCOUNTABILITY. + + (a) Audits of Grant Programs.-- + (1) Compliance requirements.-- + (A) Audit requirement.--Each recipient of a + grant administered by the Department that + expends not less than $500,000 in Federal funds + during its fiscal year shall submit to the + Administrator a copy of the organization-wide + financial and compliance audit report required + under chapter 75 of title 31, United States + Code. + (B) Access to information.--The Department + and each recipient of a grant administered by + the Department shall provide the Comptroller + General and any officer or employee of the + Government Accountability Office with full + access to information regarding the activities + carried out related to any grant administered + by the Department. + (C) Improper payments.--Consistent with the + Improper Payments Information Act of 2002 (31 + U.S.C. 3321 note), for each of the grant + programs under sections 2003 and 2004 of this + title and section 662 of the Post-Katrina + Emergency Management Reform Act of 2006 (6 + U.S.C. 762), the Administrator shall specify + policies and procedures for-- + (i) identifying activities funded + under any such grant program that are + susceptible to significant improper + payments; and + (ii) reporting any improper + payments to the Department. + (2) Agency program review.-- + (A) In general.--Not less than once every 2 + years, the Administrator shall conduct, for + each State and high-risk urban area receiving a + grant administered by the Department, a + programmatic and financial review of all grants + awarded by the Department to prevent, prepare + for, protect against, or respond to natural + disasters, acts of terrorism, or other man-made + disasters, excluding assistance provided under + section 203, title IV, or title V of the Robert + T. Stafford Disaster Relief and Emergency + Assistance Act (42 U.S.C. 5133, 5170 et seq., + and 5191 et seq.). + (B) Contents.--Each review under + subparagraph (A) shall, at a minimum, examine-- + (i) whether the funds awarded were + used in accordance with the law, + program guidance, and State homeland + security plans or other applicable + plans; and + (ii) the extent to which funds + awarded enhanced the ability of a + grantee to prevent, prepare for, + protect against, and respond to natural + disasters, acts of terrorism, and other + man-made disasters. + (C) Authorization of appropriations.--In + addition to any other amounts authorized to be + appropriated to the Administrator, there are + authorized to be appropriated to the + Administrator for reviews under this + paragraph-- + (i) $8,000,000 for each of fiscal + years 2008, 2009, and 2010; and + (ii) such sums as are necessary for + fiscal year 2011, and each fiscal year + thereafter. + (3) Office of inspector general performance + audits.-- + (A) In general.--In order to ensure the + effective and appropriate use of grants + administered by the Department, the Inspector + General of the Department each year shall + conduct audits of a sample of States and high- + risk urban areas that receive grants + administered by the Department to prevent, + prepare for, protect against, or respond to + natural disasters, acts of terrorism, or other + man-made disasters, excluding assistance + provided under section 203, title IV, or title + V of the Robert T. Stafford Disaster Relief and + Emergency Assistance Act (42 U.S.C. 5133, 5170 + et seq., and 5191 et seq.). + (B) Determining samples.--The sample + selected for audits under subparagraph (A) + shall be-- + (i) of an appropriate size to-- + (I) assess the overall + integrity of the grant programs + described in subparagraph (A); + and + (II) act as a deterrent to + financial mismanagement; and + (ii) selected based on-- + (I) the size of the grants + awarded to the recipient; + (II) the past grant + management performance of the + recipient; + (III) concerns identified + by the Administrator, including + referrals from the + Administrator; and + (IV) such other factors as + determined by the Inspector + General of the Department. + (C) Comprehensive auditing.--During the 7- + year period beginning on the date of enactment + of the Implementing Recommendations of the 9/11 + Commission Act of 2007, the Inspector General + of the Department shall conduct not fewer than + 1 audit of each State that receives funds under + a grant under section 2003 or 2004. + (D) Report by the inspector general.-- + (i) In general.--The Inspector + General of the Department shall submit + to the appropriate committees of + Congress an annual consolidated report + regarding the audits completed during + the fiscal year before the date of that + report. + (ii) Contents.--Each report + submitted under clause (i) shall + describe, for the fiscal year before + the date of that report-- + (I) the audits conducted + under subparagraph (A); + (II) the findings of the + Inspector General with respect + to the audits conducted under + subparagraph (A); + (III) whether the funds + awarded were used in accordance + with the law, program guidance, + and State homeland security + plans and other applicable + plans; and + (IV) the extent to which + funds awarded enhanced the + ability of a grantee to + prevent, prepare for, protect + against, and respond to natural + disasters, acts of terrorism + and other man-made disasters. + (iii) Deadline.--For each year, the + report required under clause (i) shall + be submitted not later than December + 31. + (E) Public availability on website.--The + Inspector General of the Department shall make + each audit conducted under subparagraph (A) + available on the website of the Inspector + General, subject to redaction as the Inspector + General determines necessary to protect + classified and other sensitive information. + (F) Provision of information to + administrator.--The Inspector General of the + Department shall provide to the Administrator + any findings and recommendations from audits + conducted under subparagraph (A). + (G) Evaluation of grants management and + oversight.--Not later than 1 year after the + date of enactment of the Implementing + Recommendations of the 9/11 Commission Act of + 2007, the Inspector General of the Department + shall review and evaluate the grants management + and oversight practices of the Federal + Emergency Management Agency, including + assessment of and recommendations relating to-- + (i) the skills, resources, and + capabilities of the workforce; and + (ii) any additional resources and + staff necessary to carry out such + management and oversight. + (H) Authorization of appropriations.--In + addition to any other amounts authorized to be + appropriated to the Inspector General of the + Department, there are authorized to be + appropriated to the Inspector General of the + Department for audits under subparagraph (A)-- + (i) $8,500,000 for each of fiscal + years 2008, 2009, and 2010; and + (ii) such sums as are necessary for + fiscal year 2011, and each fiscal year + thereafter. + (4) Performance assessment.--In order to ensure + that States and high-risk urban areas are using grants + administered by the Department appropriately to meet + target capabilities and preparedness priorities, the + Administrator shall-- + (A) ensure that any such State or high-risk + urban area conducts or participates in + exercises under section 648(b) of the Post- + Katrina Emergency Management Reform Act of 2006 + (6 U.S.C. 748(b)); + (B) use performance metrics in accordance + with the comprehensive assessment system under + section 649 of the Post-Katrina Emergency + Management Reform Act of 2006 (6 U.S.C. 749) + and ensure that any such State or high-risk + urban area regularly tests its progress against + such metrics through the exercises required + under subparagraph (A); + (C) use the remedial action management + program under section 650 of the Post-Katrina + Emergency Management Reform Act of 2006 (6 + U.S.C. 750); and + (D) ensure that each State receiving a + grant administered by the Department submits a + report to the Administrator on its level of + preparedness, as required by section 652(c) of + the Post-Katrina Emergency Management Reform + Act of 2006 (6 U.S.C. 752(c)). + (5) Consideration of assessments.--In conducting + program reviews and performance audits under paragraphs + (2) and (3), the Administrator and the Inspector + General of the Department shall take into account the + performance assessment elements required under + paragraph (4). + (6) Recovery audits.--The Administrator shall + conduct a recovery audit (as that term is defined by + the Director of the Office of Management and Budget + under section 3561 of title 31, United States Code) for + any grant administered by the Department with a total + value of not less than $1,000,000, if the Administrator + finds that-- + (A) a financial audit has identified + improper payments that can be recouped; and + (B) it is cost effective to conduct a + recovery audit to recapture the targeted funds. + (7) Remedies for noncompliance.-- + (A) In general.--If, as a result of a + review or audit under this subsection or + otherwise, the Administrator finds that a + recipient of a grant under this title has + failed to substantially comply with any + provision of law or with any regulations or + guidelines of the Department regarding eligible + expenditures, the Administrator shall-- + (i) reduce the amount of payment of + grant funds to the recipient by an + amount equal to the amount of grants + funds that were not properly expended + by the recipient; + (ii) limit the use of grant funds + to programs, projects, or activities + not affected by the failure to comply; + (iii) refer the matter to the + Inspector General of the Department for + further investigation; + (iv) terminate any payment of grant + funds to be made to the recipient; or + (v) take such other action as the + Administrator determines appropriate. + (B) Duration of penalty.--The Administrator + shall apply an appropriate penalty under + subparagraph (A) until such time as the + Administrator determines that the grant + recipient is in full compliance with the law + and with applicable guidelines or regulations + of the Department. + (b) Reports by Grant Recipients.-- + (1) Quarterly reports on homeland security + spending.-- + (A) In general.--As a condition of + receiving a grant under section 2003 or 2004, a + State, high-risk urban area, or directly + eligible tribe shall, not later than 30 days + after the end of each Federal fiscal quarter, + submit to the Administrator a report on + activities performed using grant funds during + that fiscal quarter. + (B) Contents.--Each report submitted under + subparagraph (A) shall at a minimum include, + for the applicable State, high-risk urban area, + or directly eligible tribe, and each subgrantee + thereof-- + (i) the amount obligated to that + recipient under section 2003 or 2004 in + that quarter; + (ii) the amount of funds received + and expended under section 2003 or 2004 + by that recipient in that quarter; and + (iii) a summary description of + expenditures made by that recipient + using such funds, and the purposes for + which such expenditures were made. + (C) End-of-year report.--The report + submitted under subparagraph (A) by a State, + high-risk urban area, or directly eligible + tribe relating to the last quarter of any + fiscal year shall include-- + (i) the amount and date of receipt + of all funds received under the grant + during that fiscal year; + (ii) the identity of, and amount + provided to, any subgrantee for that + grant during that fiscal year; + (iii) the amount and the dates of + disbursements of all such funds + expended in compliance with section + 2021(a)(1) or under mutual aid + agreements or other sharing + arrangements that apply within the + State, high-risk urban area, or + directly eligible tribe, as applicable, + during that fiscal year; and + (iv) how the funds were used by + each recipient or subgrantee during + that fiscal year. + (2) Annual report.--Any State applying for a grant + under section 2004 shall submit to the Administrator + annually a State preparedness report, as required by + section 652(c) of the Post-Katrina Emergency Management + Reform Act of 2006 (6 U.S.C. 752(c)). + (c) Reports by the Administrator.-- + (1) Federal preparedness report.--The Administrator + shall submit to the appropriate committees of Congress + annually the Federal Preparedness Report required under + section 652(a) of the Post-Katrina Emergency Management + Reform Act of 2006 (6 U.S.C. 752(a)). + (2) Risk assessment.-- + (A) In general.--For each fiscal year, the + Administrator shall provide to the appropriate + committees of Congress a detailed and + comprehensive explanation of the methodologies + used to calculate risk and compute the + allocation of funds for grants administered by + the Department, including-- + (i) all variables included in the + risk assessment and the weights + assigned to each such variable; + (ii) an explanation of how each + such variable, as weighted, correlates + to risk, and the basis for concluding + there is such a correlation; and + (iii) any change in the + methodologies from the previous fiscal + year, including changes in variables + considered, weighting of those + variables, and computational methods. + (B) Classified annex.--The information + required under subparagraph (A) shall be + provided in unclassified form to the greatest + extent possible, and may include a classified + annex if necessary. + (C) Deadline.--For each fiscal year, the + information required under subparagraph (A) + shall be provided on the earlier of-- + (i) October 31; or + (ii) 30 days before the issuance of + any program guidance for grants + administered by the Department. + (3) Tribal funding report.--At the end of each + fiscal year, the Administrator shall submit to the + appropriate committees of Congress a report setting + forth the amount of funding provided during that fiscal + year to Indian tribes under any grant program + administered by the Department, whether provided + directly or through a subgrant from a State or high- + risk urban area. + + + + + + + + +End of the Project Gutenberg EBook of Homeland Security Act of 2002, by +Committee on Homeland Security, U.S. House of Representatives + +*** END OF THIS PROJECT GUTENBERG EBOOK HOMELAND SECURITY ACT OF 2002 *** + +***** This file should be named 30632.txt or 30632.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/0/6/3/30632/ + +Produced by Michael Twinchek + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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