[House Prints 110-C]
[From the U.S. Government Publishing Office]
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\
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\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.--
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\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]
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(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.
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\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.