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Title: Homeland Security Act of 2002

Author: United States. Congress. House. Committee on Homeland Security

Editor: Michael Twinchek

Release date: December 8, 2009 [eBook #30632]

Most recently updated: January 5, 2021

Language: English

Credits: Produced by Michael Twinchek

*** START OF THE PROJECT GUTENBERG EBOOK HOMELAND SECURITY ACT OF 2002 ***

<DOC>

[110 House Committee Prints]

[From the U.S. Government Printing Office via GPO Access]

[DOCID: f:45834.wais]

110th Congress                                     Committee

2nd Session            COMMITTEE PRINT         Print 110-C

_______________________________________________________________________

COMPILATION

of the

HOMELAND SECURITY

ACT OF

2002

(updated with amendments made through

p.l. 110-417 (october 14, 2008))

__________

prepared for the use of the

COMMITTEE ON HOMELAND SECURITY

of the

HOUSE OF REPRESENTATIVES

SECOND SESSION

__________

[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

__________

U.S. GOVERNMENT PRINTING OFFICE

45-834                       WASHINGTON : 2008

COMMITTEE ON HOMELAND SECURITY

BENNIE G. THOMPSON, Mississippi, Chairman

LORETTA SANCHEZ, California,         PETER T. KING, New York

EDWARD J. MARKEY, Massachusetts      LAMAR SMITH, Texas

NORMAN D. DICKS, Washington          CHRISTOPHER SHAYS, Connecticut

JANE HARMAN, California              MARK E. SOUDER, Indiana

PETER A. DeFAZIO, Oregon             TOM DAVIS, Virginia

NITA M. LOWEY, New York              DANIEL E. LUNGREN, California

ELEANOR HOLMES NORTON, District of   MIKE ROGERS, Alabama

Columbia                             DAVID G. REICHERT, Washington

ZOE LOFGREN, California              MICHAEL T. McCAUL, Texas

SHEILA JACKSON-LEE, Texas            CHARLES W. DENT, Pennsylvania

DONNA M. CHRISTENSEN, U.S. Virgin    GINNY BROWN-WAITE, Florida

Islands                              GUS M. BILIRAKIS, Florida

BOB ETHERIDGE, North Carolina        DAVID DAVIS, Tennessee

JAMES R. LANGEVIN, Rhode Island      PAUL C. BROUN, Georgia

HENRY CUELLAR, Texas                 CANDICE S. MILLER, Michigan

CHRISTOPHER P. CARNEY, Pennsylvania

YVETTE D. CLARKE, New York

AL GREEN, Texas

ED PERLMUTTER, Colorado

BILL PASCRELL, Jr., Colorado

I. Lanier Avant, Staff Director

Rosaline Cohen, Chief Counsel

Michael Twinchek, Chief Clerk

Robert O'Connor, Minority Staff Director

(II)

P R E F A C E

This book is designed as a ready reference of the Homeland

Security Act of 2002 (Public Law 107-296), as amended through

Public Law 110-417. The information contained herein is current

as of December 2008.

This document was prepared by the Office of the Legislative

Counsel. The Committee is appreciative of their hard work and

dedication. The Committee would like to acknowledge the work of

the Staff of the Office of the Legislative Counsel including:

Craig Sterkx, Pam Griffiths, and Tom Meryweather.

C O N T E N T S

Homeland Security Act of 2002 - Amended through P.L. 110-417

Title I-Department of Homeland Security......................    10

Title II-Information Analysis and Infrastructure Protection..    14

Subtitle A-Information Analysis and Infrastructure

Protection; Access to Information......................    14

Subtitle B-Critical Infrastructure Information...........    40

Title III-Science and Technology In Support of Homeland

Security...................................................    53

Title IV-Directorate of Border and Transportation Security...    74

Subtitle A-Under Secretary for Border and Transportation

Security...............................................    74

Subtitle B-United States Customs Service.................    75

Subtitle C-Miscellaneous Provisions......................    78

Subtitle D-Immigration Enforcement Functions.............    87

Subtitle E-Citizenship and Immigration Services..........    90

Subtitle F-General Immigration Provisions................   101

Title V-National Emergency Management........................   108

Title VI-Treatment of Charitable Trusts for members of the

Armed Forces of the United States and Other Governmental

Organizations..............................................   134

Title VII-Management.........................................   137

Title VIII-Coordination with Non-Federal Entities; Inspector

General; United States Secret Servicel Coast Guard; General

Provisions.................................................   145

Subtitle A-Coordination with Non-Federal Entitites.......   145

Subtitle B-Inspector General.............................   149

Subtitle C-United States Secret Service..................   146

Subtitle D-Acquisitions..................................   147

Subtitle E-Human Resources Management....................   152

Subtitle F-Federal Emergency Procurement Flexibility.....   158

Subtitle G-Support Anti-terrorism by Fostering Effective

Technologies Act of 2002...............................   161

Subtitle H-Miscellaneous Provisions......................   165

Subtitle I-Information Sharing...........................   176

Subtitle J-Secure Handling of Ammonium Nitrate...........   181

Title IX-National Homeland Security Council..................   188

Title X-Information Security.................................   189

Title XI-Department of Justice Divisions.....................   189

Subtitle A-Executive Office for Immigration Review.......  1189

Subtitle B-Transfer of the Bureau of Alcohol, Tobacco and

Firearms to the Department of Justice..................   190

Subtitle C-Explosives....................................   192

Title XII-Airline War Risk Insurance Legislation.............   192

Title XIII-Federal Workforce Improvement.....................   193

Subtitle A-Chief Human Cap[ital Officers.................   193

Subtitle B-Reforms Relating to Federal Human Capital

Management.............................................   194

Subtitle C-Reforms Relating to the Senior Executive

Service................................................   195

Subtitle D-Academic Training.............................   195

Title XIV-Arming Pilots Against Terrorism....................   196

Title XV-Transition..........................................   197

Subtitle A-Reorganization Plan...........................   197

Subtitle B-Transitional Provisions.......................   198

Title XVII-Conformaing and Technical Amendments..............   201

Title XVIII-Emergency Communications.........................   203

Title XIX-Domestic Nuclear Detection Office..................   216

Title XX-Homeland Security Grants............................   220

Subtitle A-Grants to States and High-Risk Urban Areas....   223

Subtitle B-Grants Administration.........................   235

HOMELAND SECURITY ACT OF 2002

[As Amended Through P.L. 110-417, Enacted October 14, 2008]

AN ACT To establish the Department of Homeland Security, and for other

purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) [6 U.S.C. 101] Short Title.--This Act may be cited as

the ``Homeland Security Act of 2002''.

(b) Table of Contents.--The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Construction; severability.

Sec. 4. Effective date.

TITLE I--DEPARTMENT OF HOMELAND SECURITY

Sec. 101. Executive department; mission.

Sec. 102. Secretary; functions.

Sec. 103. Other officers.

TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Subtitle A--Information and Analysis and Infrastructure Protection;

Access to Information

Sec. 201. Information and Analysis and Infrastructure Protection.

Sec. 202. Access to information.

Sec. 203. Homeland Security Advisory System.

Sec. 204. Homeland security information sharing.

Sec. 205. Comprehensive information technology network architecture.

Sec. 206. Coordination with information sharing environment.

Sec. 207. Intelligence components.

Sec. 208. Training for employees of intelligence components.

Sec. 209. Intelligence training development for State and local

government officials.

Sec. 210. Information sharing incentives.

Sec. 210A. Department of Homeland Security State, Local, and Regional

Information Fusion Center Initiative.

Sec. 210B. Homeland Security Information Sharing Fellows Program.

Sec. 210C. Rural Policing Institute.

Sec. 210D. Interagency Threat Assessment and Coordination Group.

Sec. 210E. National Asset Database.

Subtitle B--Critical Infrastructure Information

Sec. 211. Short title.

Sec. 212. Definitions.

Sec. 213. Designation of critical infrastructure protection program.

Sec. 214. Protection of voluntarily shared critical infrastructure

information.

Sec. 215. No private right of action.

Subtitle C--Information Security

Sec. 221. Procedures for sharing information.

Sec. 222. Privacy Officer.

Sec. 223. Enhancement of non-Federal cybersecurity.

Sec. 224. Net guard.

Sec. 225. Cyber Security Enhancement Act of 2002.

Subtitle D--Office of Science and Technology

Sec. 231. Establishment of office; Director.

Sec. 232. Mission of office; duties.

Sec. 233. Definition of law enforcement technology.

Sec. 234. Abolishment of Office of Science and Technology of National

Institute of Justice; transfer of functions.

Sec. 235. National Law Enforcement and Corrections Technology Centers.

Sec. 236. Coordination with other entities within Department of Justice.

Sec. 237. Amendments relating to National Institute of Justice.

TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

Sec. 301. Under Secretary for Science and Technology.

Sec. 302. Responsibilities and authorities of the Under Secretary for

Science and Technology.

Sec. 303. Functions transferred.

Sec. 304. Conduct of certain public health-related activities.

Sec. 305. Federally funded research and development centers.

Sec. 306. Miscellaneous provisions.

Sec. 307. Homeland Security Advanced Research Projects Agency.

Sec. 308. Conduct of research, development, demonstration, testing and

evaluation.

Sec. 309. Utilization of Department of Energy national laboratories and

sites in support of homeland security activities.

Sec. 310. Transfer of Plum Island Animal Disease Center, Department of

Agriculture.

Sec. 311. Homeland Security Science and Technology Advisory Committee.

Sec. 312. Homeland Security Institute.

Sec. 313. Technology clearinghouse to encourage and support innovative

solutions to enhance homeland security.

Sec. 314. Office for Interoperability and Compatibility.

Sec. 315. Emergency communications interoperability research and

development.

Sec. 316. National Biosurveillance Integration Center.

Sec. 317. Promoting antiterrorism through international cooperation

program.

TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

Subtitle A--Under Secretary for Border and Transportation Security

Sec. 401. Under Secretary for Border and Transportation Security.

Sec. 402. Responsibilities.

Sec. 403. Functions transferred.

Subtitle B--United States Customs Service

Sec. 411. Establishment; Commissioner of Customs.

Sec. 412. Retention of customs revenue functions by Secretary of the

Treasury.

Sec. 413. Preservation of customs funds.

Sec. 414. Separate budget request for customs.

Sec. 415. Definition.

Sec. 416. GAO report to Congress.

Sec. 417. Allocation of resources by the Secretary.

Sec. 418. Reports to Congress.

Sec. 419. Customs user fees.

Subtitle C--Miscellaneous Provisions

Sec. 421. Transfer of certain agricultural inspection functions of the

Department of Agriculture.

Sec. 422. Functions of Administrator of General Services.

Sec. 423. Functions of Transportation Security Administration.

Sec. 424. Preservation of Transportation Security Administration as a

distinct entity.

Sec. 425. Explosive detection systems.

Sec. 426. Transportation security.

Sec. 427. Coordination of information and information technology.

Sec. 428. Visa issuance.

Sec. 429. Information on visa denials required to be entered into

electronic data system.

Sec. 430. Office for Domestic Preparedness.

Sec. 431. Office of Cargo Security Policy.

Subtitle D--Immigration Enforcement Functions

Sec. 441. Transfer of functions to Under Secretary for Border and

Transportation Security.

Sec. 442. Establishment of Bureau of Border Security.

Sec. 443. Professional responsibility and quality review.

Sec. 444. Employee discipline.

Sec. 445. Report on improving enforcement functions.

Sec. 446. Sense of Congress regarding construction of fencing near San

Diego, California.

Subtitle E--Citizenship and Immigration Services

Sec. 451. Establishment of Bureau of Citizenship and Immigration

Services.

Sec. 452. Citizenship and Immigration Services Ombudsman.

Sec. 453. Professional responsibility and quality review.

Sec. 454. Employee discipline.

Sec. 455. Effective date.

Sec. 456. Transition.

Sec. 457. Funding for citizenship and immigration services.

Sec. 458. Backlog elimination.

Sec. 459. Report on improving immigration services.

Sec. 460. Report on responding to fluctuating needs.

Sec. 461. Application of Internet-based technologies.

Sec. 462. Children's affairs.

Subtitle F--General Immigration Provisions

Sec. 471. Abolishment of INS.

Sec. 472. Voluntary separation incentive payments.

Sec. 473. Authority to conduct a demonstration project relating to

disciplinary action.

Sec. 474. Sense of Congress.

Sec. 475. Director of Shared Services.

Sec. 476. Separation of funding.

Sec. 477. Reports and implementation plans.

Sec. 478. Immigration functions.

TITLE V--NATIONAL EMERGENCY MANAGEMENT

Sec. 501. Definitions.

Sec. 502. Definition.

Sec. 503. Federal Emergency Management Agency.

Sec. 504. Authorities and responsibilities.

Sec. 505. Functions transferred.

Sec. 506. Preserving the Federal Emergency Management Agency.

Sec. 507. Regional Offices.

Sec. 508. National Advisory Council.

Sec. 509. National Integration Center.

Sec. 510. Credentialing and typing.

Sec. 511. The National Infrastructure Simulation and Analysis Center.

Sec. 512. Evacuation plans and exercises.

Sec. 513. Disability Coordinator.

Sec. 514. Department and Agency officials.

Sec. 515. National Operations Center.

Sec. 516. Chief Medical Officer.

Sec. 517. Nuclear incident response.

Sec. 518. Conduct of certain public health-related activities.

Sec. 519. Use of national private sector networks in emergency response.

Sec. 520. Use of commercially available technology, goods, and services.

Sec. 521. Procurement of security countermeasures for strategic national

stockpile.

Sec. 522. Model standards and guidelines for critical infrastructure

workers.

Sec. 523. Guidance and recommendations. \1\

Sec. 524. Voluntary private sector preparedness accreditation and

certification program. \1\

---------------------------------------------------------------------------

\1\ The placement of items relating to sections 523 and 524 in the

table of contents in section 1(b) were added at the end of the items in

title V in order to reflect the probable intent of Congress. See

amendment made by section 901(e) of Public Law 110-53.

---------------------------------------------------------------------------

TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES

OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS

Sec. 601. Treatment of charitable trusts for members of the Armed Forces

of the United States and other governmental organizations.

TITLE VII--MANAGEMENT

Sec. 701. Under Secretary for Management.

Sec. 702. Chief Financial Officer.

Sec. 703. Chief Information Officer.

Sec. 704. Chief Human Capital Officer.

Sec. 705. Establishment of Officer for Civil Rights and Civil Liberties.

Sec. 706. Consolidation and co-location of offices.

Sec. 707. Quadrennial Homeland Security Review.

TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;

UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

Subtitle A--Coordination with Non-Federal Entities

Sec. 801. Office for State and Local Government Coordination.

Subtitle B--Inspector General

Sec. 811. Authority of the Secretary.

Sec. 812. Law enforcement powers of Inspector General agents.

Subtitle C--United States Secret Service

Sec. 821. Functions transferred.

Subtitle D--Acquisitions

Sec. 831. Research and development projects.

Sec. 832. Personal services.

Sec. 833. Special streamlined acquisition authority.

Sec. 834. Unsolicited proposals.

Sec. 835. Prohibition on contracts with corporate expatriates.

Subtitle E--Human Resources Management

Sec. 841. Establishment of Human Resources Management System.

Sec. 842. Labor-management relations.

Sec. 843. Use of counternarcotics enforcement activities in certain

employee performance appraisals.

Sec. 844. Homeland Security Rotation Program.

Sec. 845. Homeland Security Education Program.

Subtitle F--Federal Emergency Procurement Flexibility

Sec. 851. Definition.

Sec. 852. Procurements for defense against or recovery from terrorism or

nuclear, biological, chemical, or radiological attack.

Sec. 853. Increased simplified acquisition threshold for procurements in

support of humanitarian or peacekeeping operations or

contingency operations.

Sec. 854. Increased micro-purchase threshold for certain procurements.

Sec. 855. Application of certain commercial items authorities to certain

procurements.

Sec. 856. Use of streamlined procedures.

Sec. 857. Review and report by Comptroller General.

Sec. 858. Identification of new entrants into the Federal marketplace.

Subtitle G--Support Anti-terrorism by Fostering Effective Technologies

Act of 2002

Sec. 861. Short title.

Sec. 862. Administration.

Sec. 863. Litigation management.

Sec. 864. Risk management.

Sec. 865. Definitions.

Subtitle H--Miscellaneous Provisions

Sec. 871. Advisory committees.

Sec. 872. Reorganization.

Sec. 873. Use of appropriated funds.

Sec. 874. Future Year Homeland Security Program.

Sec. 875. Miscellaneous authorities.

Sec. 876. Military activities.

Sec. 877. Regulatory authority and preemption.

Sec. 878. Counternarcotics officer.

Sec. 879. Office of International Affairs.

Sec. 880. Prohibition of the Terrorism Information and Prevention

System.

Sec. 881. Review of pay and benefit plans.

Sec. 882. Office for National Capital Region Coordination.

Sec. 883. Requirement to comply with laws protecting equal employment

opportunity and providing whistleblower protections.

Sec. 884. Federal Law Enforcement Training Center.

Sec. 885. Joint Interagency Task Force.

Sec. 886. Sense of Congress reaffirming the continued importance and

applicability of the Posse Comitatus Act.

Sec. 887. Coordination with the Department of Health and Human Services

under the Public Health Service Act.

Sec. 888. Preserving Coast Guard mission performance.

Sec. 889. Homeland security funding analysis in President's budget.

Sec. 890. Air Transportation Safety and System Stabilization Act.

Subtitle I--Information Sharing

Sec. 891. Short title; findings; and sense of Congress.

Sec. 892. Facilitating homeland security information sharing procedures.

Sec. 893. Report.

Sec. 894. Authorization of appropriations.

Sec. 895. Authority to share grand jury information.

Sec. 896. Authority to share electronic, wire, and oral interception

information.

Sec. 897. Foreign intelligence information.

Sec. 898. Information acquired from an electronic surveillance.

Sec. 899. Information acquired from a physical search.

Subtitle J--Secure Handling of Ammonium Nitrate

Sec. 899A. Definitions.

Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.

Sec. 899C. Inspection and auditing of records.

Sec. 899D. Administrative provisions.

Sec. 899E. Theft reporting requirement.

Sec. 899F. Prohibitions and penalty.

Sec. 899G. Protection from civil liability.

Sec. 899H. Preemption of other laws.

Sec. 899I. Deadlines for regulations.

Sec. 899J. Authorization of appropriations.

TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL

Sec. 901. National Homeland Security Council.

Sec. 902. Function.

Sec. 903. Membership.

Sec. 904. Other functions and activities.

Sec. 905. Staff composition.

Sec. 906. Relation to the National Security Council.

TITLE X--INFORMATION SECURITY

Sec. 1001. Information security.

Sec. 1002. Management of information technology.

Sec. 1003. National Institute of Standards and Technology.

Sec. 1004. Information Security and Privacy Advisory Board.

Sec. 1005. Technical and conforming amendments.

Sec. 1006. Construction.

TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS

Subtitle A--Executive Office for Immigration Review

Sec. 1101. Legal status of EOIR.

Sec. 1102. Authorities of the Attorney General.

Sec. 1103. Statutory construction.

Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to

the Department of Justice

Sec. 1111. Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Sec. 1112. Technical and conforming amendments.

Sec. 1113. Powers of agents of the Bureau of Alcohol, Tobacco, Firearms,

and Explosives.

Sec. 1114. Explosives training and research facility.

Sec. 1115. Personnel management demonstration project.

Subtitle C--Explosives

Sec. 1121. Short title.

Sec. 1122. Permits for purchasers of explosives.

Sec. 1123. Persons prohibited from receiving or possessing explosive

materials.

Sec. 1124. Requirement to provide samples of explosive materials and

ammonium nitrate.

Sec. 1125. Destruction of property of institutions receiving Federal

financial assistance.

Sec. 1126. Relief from disabilities.

Sec. 1127. Theft reporting requirement.

Sec. 1128. Authorization of appropriations.

TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION

Sec. 1201. Air carrier liability for third party claims arising out of

acts of terrorism.

Sec. 1202. Extension of insurance policies.

Sec. 1203. Correction of reference.

Sec. 1204. Report.

TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT

Subtitle A--Chief Human Capital Officers

Sec. 1301. Short title.

Sec. 1302. Agency Chief Human Capital Officers.

Sec. 1303. Chief Human Capital Officers Council.

Sec. 1304. Strategic human capital management.

Sec. 1305. Effective date.

Subtitle B--Reforms Relating to Federal Human Capital Management

Sec. 1311. Inclusion of agency human capital strategic planning in

performance plans and programs performance reports.

Sec. 1312. Reform of the competitive service hiring process.

Sec. 1313. Permanent extension, revision, and expansion of authorities

for use of voluntary separation incentive pay and voluntary

early retirement.

Sec. 1314. Student volunteer transit subsidy.

Subtitle C--Reforms Relating to the Senior Executive Service

Sec. 1321. Repeal of recertification requirements of senior executives.

Sec. 1322. Adjustment of limitation on total annual compensation.

Subtitle D--Academic Training

Sec. 1331. Academic training.

Sec. 1332. Modifications to National Security Education Program.

TITLE XIV--ARMING PILOTS AGAINST TERRORISM

Sec. 1401. Short title.

Sec. 1402. Federal Flight Deck Officer Program.

Sec. 1403. Crew training.

Sec. 1404. Commercial airline security study.

Sec. 1405. Authority to arm flight deck crew with less-than-lethal

weapons.

Sec. 1406. Technical amendments.

TITLE XV--TRANSITION

Subtitle A--Reorganization Plan

Sec. 1501. Definitions.

Sec. 1502. Reorganization plan.

Sec. 1503. Review of congressional committee structures.

Subtitle B--Transitional Provisions

Sec. 1511. Transitional authorities.

Sec. 1512. Savings provisions.

Sec. 1513. Terminations.

Sec. 1514. National identification system not authorized.

Sec. 1515. Continuity of Inspector General oversight.

Sec. 1516. Incidental transfers.

Sec. 1517. Reference.

TITLE XVI--CORRECTIONS TO EXISTING LAW RELATING TO AIRLINE

TRANSPORTATION SECURITY

Sec. 1601. Retention of security sensitive information authority at

Department of Transportation.

Sec. 1602. Increase in civil penalties.

Sec. 1603. Allowing United States citizens and United States nationals

as screeners.

TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS

Sec. 1701. Inspector General Act of 1978.

Sec. 1702. Executive Schedule.

Sec. 1703. United States Secret Service.

Sec. 1704. Coast Guard.

Sec. 1705. Strategic national stockpile and smallpox vaccine

development.

Sec. 1706. Transfer of certain security and law enforcement functions

and authorities.

Sec. 1707. Transportation security regulations.

Sec. 1708. National Bio-Weapons Defense Analysis Center.

Sec. 1709. Collaboration with the Secretary of Homeland Security.

Sec. 1710. Railroad safety to include railroad security.

Sec. 1711. Hazmat safety to include hazmat security.

Sec. 1712. Office of Science and Technology Policy.

Sec. 1713. National Oceanographic Partnership Program.

Sec. 1714. Clarification of definition of manufacturer.

Sec. 1715. Clarification of definition of vaccine-related injury or

death.

Sec. 1716. Clarification of definition of vaccine.

Sec. 1717. Effective date.

TITLE XVIII--EMERGENCY COMMUNICATIONS

Sec. 1801. Office for Emergency Communications.

Sec. 1802. National Emergency Communications Plan.

Sec. 1803. Assessments and reports.

Sec. 1804. Coordination of Federal emergency communications grant

programs.

Sec. 1805. Regional emergency communications coordination.

Sec. 1806. Emergency Communications Preparedness Center.

Sec. 1807. Urban and other high risk area communications capabilities.

Sec. 1808. Definition.

Sec. 1809. Interoperable Emergency Communications Grant Program.

Sec. 1810. Border interoperability demonstration project.

TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

Sec. 1901. Domestic Nuclear Detection Office.

Sec. 1902. Mission of Office.

Sec. 1903. Hiring authority.

Sec. 1904. Testing authority.

Sec. 1905. Relationship to other Department entities and Federal

agencies.

Sec. 1906. Contracting and grant making authorities.

Sec. 1907. Joint annual interagency review of global nuclear detection

architecture.

TITLE XX--HOMELAND SECURITY GRANTS

Sec. 2001. Definitions.

Subtitle A--Grants to States and High-Risk Urban Areas

Sec. 2002. Homeland Security Grant Programs.

Sec. 2003. Urban Area Security Initiative.

Sec. 2004. State Homeland Security Grant Program.

Sec. 2005. Grants to directly eligible tribes.

Sec. 2006. Terrorism prevention.

Sec. 2007. Prioritization.

Sec. 2008. Use of funds.

Subtitle B--Grants Administration

Sec. 2021. Administration and coordination.

Sec. 2022. Accountability.

SEC. 2. [6 U.S.C. 101] DEFINITIONS.

In this Act, the following definitions apply:

(1) Each of the terms ``American homeland'' and

``homeland'' means the United States.

(2) The term ``appropriate congressional

committee'' means any committee of the House of

Representatives or the Senate having legislative or

oversight jurisdiction under the Rules of the House of

Representatives or the Senate, respectively, over the

matter concerned.

(3) The term ``assets'' includes contracts,

facilities, property, records, unobligated or

unexpended balances of appropriations, and other funds

or resources (other than personnel).

(4) The term ``critical infrastructure'' has the

meaning given that term in section 1016(e) of Public

Law 107-56 (42 U.S.C. 5195c(e)).

(5) The term ``Department'' means the Department of

Homeland Security.

(6) The term ``emergency response providers''

includes Federal, State, and local governmental and

nongovernmental emergency public safety, fire, law

enforcement, emergency response, emergency medical

(including hospital emergency facilities), and related

personnel, agencies, and authorities.

(7) The term ``executive agency'' means an

executive agency and a military department, as defined,

respectively, in sections 105 and 102 of title 5,

United States Code.

(8) The term ``functions'' includes authorities,

powers, rights, privileges, immunities, programs,

projects, activities, duties, and responsibilities.

(9) The term ``intelligence component of the

Department'' means any element or entity of the

Department that collects, gathers, processes, analyzes,

produces, or disseminates intelligence information

within the scope of the information sharing

environment, including homeland security information,

terrorism information, and weapons of mass destruction

information, or national intelligence, as defined under

section 3(5) of the National Security Act of 1947 (50

U.S.C. 401a(5)), except--

(A) the United States Secret Service; and

(B) the Coast Guard, when operating under

the direct authority of the Secretary of

Defense or Secretary of the Navy pursuant to

section 3 of title 14, United States Code,

except that nothing in this paragraph shall

affect or diminish the authority and

responsibilities of the Commandant of the Coast

Guard to command or control the Coast Guard as

an armed force or the authority of the Director

of National Intelligence with respect to the

Coast Guard as an element of the intelligence

community (as defined under section 3(4) of the

National Security Act of 1947 (50 U.S.C.

401a(4)).

(10) The term ``key resources'' means publicly or

privately controlled resources essential to the minimal

operations of the economy and government.

(11) The term ``local government'' means--

(A) a county, municipality, city, town,

township, local public authority, school

district, special district, intrastate

district, council of governments (regardless of

whether the council of governments is

incorporated as a nonprofit corporation under

State law), regional or interstate government

entity, or agency or instrumentality of a local

government;

(B) an Indian tribe or authorized tribal

organization, or in Alaska a Native village or

Alaska Regional Native Corporation; and

(C) a rural community, unincorporated town

or village, or other public entity.

(12) The term ``major disaster'' has the meaning

given in section 102(2) of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C.

5122).

(13) The term ``personnel'' means officers and

employees.

(14) The term ``Secretary'' means the Secretary of

Homeland Security.

(15) The term ``State'' means any State of the

United States, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam,

American Samoa, the Commonwealth of the Northern

Mariana Islands, and any possession of the United

States.

(16) The term ``terrorism'' means any activity

that--

(A) involves an act that--

(i) is dangerous to human life or

potentially destructive of critical

infrastructure or key resources; and

(ii) is a violation of the criminal

laws of the United States or of any

State or other subdivision of the

United States; and

(B) appears to be intended--

(i) to intimidate or coerce a

civilian population;

(ii) to influence the policy of a

government by intimidation or coercion;

or

(iii) to affect the conduct of a

government by mass destruction,

assassination, or kidnapping.

(17)(A) The term ``United States'', when used in a

geographic sense, means any State of the United States,

the District of Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, any

possession of the United States, and any waters within

the jurisdiction of the United States.

(B) Nothing in this paragraph or any other

provision of this Act shall be construed to modify the

definition of ``United States'' for the purposes of the

Immigration and Nationality Act or any other

immigration or nationality law.

(18) The term ``voluntary preparedness standards''

means a common set of criteria for preparedness,

disaster management, emergency management, and business

continuity programs, such as the American National

Standards Institute's National Fire Protection

Association Standard on Disaster/Emergency Management

and Business Continuity Programs (ANSI/NFPA 1600).

SEC. 3. [6 U.S.C. 102] CONSTRUCTION; SEVERABILITY.

Any provision of this Act held to be invalid or

unenforceable by its terms, or as applied to any person or

circumstance, shall be construed so as to give it the maximum

effect permitted by law, unless such holding shall be one of

utter invalidity or unenforceability, in which event such

provision shall be deemed severable from this Act and shall not

affect the remainder thereof, or the application of such

provision to other persons not similarly situated or to other,

dissimilar circumstances.

SEC. 4. [6 U.S.C. 101 NOTE] EFFECTIVE DATE.

This Act shall take effect 60 days after the date of

enactment.

TITLE I--DEPARTMENT OF HOMELAND SECURITY

SEC. 101. [6 U.S.C. 111] EXECUTIVE DEPARTMENT; MISSION.

(a) Establishment.--There is established a Department of

Homeland Security, as an executive department of the United

States within the meaning of title 5, United States Code.

(b) Mission.--

(1) In general.--The primary mission of the

Department is to--

(A) prevent terrorist attacks within the

United States;

(B) reduce the vulnerability of the United

States to terrorism;

(C) minimize the damage, and assist in the

recovery, from terrorist attacks that do occur

within the United States;

(D) carry out all functions of entities

transferred to the Department, including by

acting as a focal point regarding natural and

manmade crises and emergency planning;

(E) ensure that the functions of the

agencies and subdivisions within the Department

that are not related directly to securing the

homeland are not diminished or neglected except

by a specific explicit Act of Congress;

(F) ensure that the overall economic

security of the United States is not diminished

by efforts, activities, and programs aimed at

securing the homeland;

(G) ensure that the civil rights and civil

liberties of persons are not diminished by

efforts, activities, and programs aimed at

securing the homeland; and

(H) monitor connections between illegal

drug trafficking and terrorism, coordinate

efforts to sever such connections, and

otherwise contribute to efforts to interdict

illegal drug trafficking.

(2) Responsibility for investigating and

prosecuting terrorism.--Except as specifically provided

by law with respect to entities transferred to the

Department under this Act, primary responsibility for

investigating and prosecuting acts of terrorism shall

be vested not in the Department, but rather in Federal,

State, and local law enforcement agencies with

jurisdiction over the acts in question.

SEC. 102. [6 U.S.C. 112] SECRETARY; FUNCTIONS.

(a) Secretary.--

(1) In general.--There is a Secretary of Homeland

Security, appointed by the President, by and with the

advice and consent of the Senate.

(2) Head of department.--The Secretary is the head

of the Department and shall have direction, authority,

and control over it.

(3) Functions vested in secretary.--All functions

of all officers, employees, and organizational units of

the Department are vested in the Secretary.

(b) Functions.--The Secretary--

(1) except as otherwise provided by this Act, may

delegate any of the Secretary's functions to any

officer, employee, or organizational unit of the

Department;

(2) shall have the authority to make contracts,

grants, and cooperative agreements, and to enter into

agreements with other executive agencies, as may be

necessary and proper to carry out the Secretary's

responsibilities under this Act or otherwise provided

by law; and

(3) shall take reasonable steps to ensure that

information systems and databases of the Department are

compatible with each other and with appropriate

databases of other Departments.

(c) Coordination With Non-Federal Entities.--With respect

to homeland security, the Secretary shall coordinate through

the Office of State and Local Coordination (established under

section 801) (including the provision of training and

equipment) with State and local government personnel, agencies,

and authorities, with the private sector, and with other

entities, including by--

(1) coordinating with State and local government

personnel, agencies, and authorities, and with the

private sector, to ensure adequate planning, equipment,

training, and exercise activities;

(2) coordinating and, as appropriate,

consolidating, the Federal Government's communications

and systems of communications relating to homeland

security with State and local government personnel,

agencies, and authorities, the private sector, other

entities, and the public; and

(3) distributing or, as appropriate, coordinating

the distribution of, warnings and information to State

and local government personnel, agencies, and

authorities and to the public.

(d) Meetings of National Security Council.--The Secretary

may, subject to the direction of the President, attend and

participate in meetings of the National Security Council.

(e) Issuance of Regulations.--The issuance of regulations

by the Secretary shall be governed by the provisions of chapter

5 of title 5, United States Code, except as specifically

provided in this Act, in laws granting regulatory authorities

that are transferred by this Act, and in laws enacted after the

date of enactment of this Act.

(f) Special Assistant to the Secretary.--The Secretary

shall appoint a Special Assistant to the Secretary who shall be

responsible for--

(1) creating and fostering strategic communications

with the private sector to enhance the primary mission

of the Department to protect the American homeland;

(2) advising the Secretary on the impact of the

Department's policies, regulations, processes, and

actions on the private sector;

(3) interfacing with other relevant Federal

agencies with homeland security missions to assess the

impact of these agencies' actions on the private

sector;

(4) creating and managing private sector advisory

councils composed of representatives of industries and

associations designated by the Secretary to--

(A) advise the Secretary on private sector

products, applications, and solutions as they

relate to homeland security challenges;

(B) advise the Secretary on homeland

security policies, regulations, processes, and

actions that affect the participating

industries and associations; and

(C) advise the Secretary on private sector

preparedness issues, including effective

methods for--

(i) promoting voluntary

preparedness standards to the private

sector; and

(ii) assisting the private sector

in adopting voluntary preparedness

standards;

(5) working with Federal laboratories, federally

funded research and development centers, other

federally funded organizations, academia, and the

private sector to develop innovative approaches to

address homeland security challenges to produce and

deploy the best available technologies for homeland

security missions;

(6) promoting existing public-private partnerships

and developing new public-private partnerships to

provide for collaboration and mutual support to address

homeland security challenges;

(7) assisting in the development and promotion of

private sector best practices to secure critical

infrastructure;

(8) providing information to the private sector

regarding voluntary preparedness standards and the

business justification for preparedness and promoting

to the private sector the adoption of voluntary

preparedness standards;

(9) coordinating industry efforts, with respect to

functions of the Department of Homeland Security, to

identify private sector resources and capabilities that

could be effective in supplementing Federal, State, and

local government agency efforts to prevent or respond

to a terrorist attack;

(10) coordinating with the Directorate of Border

and Transportation Security and the Assistant Secretary

for Trade Development of the Department of Commerce on

issues related to the travel and tourism industries;

and

(11) consulting with the Office of State and Local

Government Coordination and Preparedness on all matters

of concern to the private sector, including the tourism

industry.

(g) Standards Policy.--All standards activities of the

Department shall be conducted in accordance with section 12(d)

of the National Technology Transfer Advancement Act of 1995 (15

U.S.C. 272 note) and Office of Management and Budget Circular

A-119.

SEC. 103. [6 U.S.C. 113] OTHER OFFICERS.

(a) Deputy Secretary; Under Secretaries.--There are the

following officers, appointed by the President, by and with the

advice and consent of the Senate:

(1) A Deputy Secretary of Homeland Security, who

shall be the Secretary's first assistant for purposes

of subchapter III of chapter 33 of title 5, United

States Code.

(2) An Under Secretary for Science and Technology.

(3) An Under Secretary for Border and

Transportation Security.

(4) An Administrator of the Federal Emergency

Management Agency.

(5) A Director of the Bureau of Citizenship and

Immigration Services.

(6) An Under Secretary for Management.

(7) A Director of the Office of Counternarcotics

Enforcement.

(8) An Under Secretary responsible for overseeing

critical infrastructure protection, cybersecurity, and

other related programs of the Department.

(9) Not more than 12 Assistant Secretaries.

(10) A General Counsel, who shall be the chief

legal officer of the Department.

(b) Inspector General.--There shall be in the Department an

Office of Inspector General and an Inspector General at the

head of such office, as provided in the Inspector General Act

of 1978 (5 U.S.C. App.).

(c) Commandant of the Coast Guard.--To assist the Secretary

in the performance of the Secretary's functions, there is a

Commandant of the Coast Guard, who shall be appointed as

provided in section 44 of title 14, United States Code, and who

shall report directly to the Secretary. In addition to such

duties as may be provided in this Act and as assigned to the

Commandant by the Secretary, the duties of the Commandant shall

include those required by section 2 of title 14, United States

Code.

(d) Other Officers.--To assist the Secretary in the

performance of the Secretary's functions, there are the

following officers, appointed by the President:

(1) A Director of the Secret Service.

(2) A Chief Information Officer.

(3) An Officer for Civil Rights and Civil

Liberties.

(4) A Director for Domestic Nuclear Detection.

(f) Performance of Specific Functions.--Subject to the

provisions of this Act, every officer of the Department shall

perform the functions specified by law for the official's

office or prescribed by the Secretary.

(e) Chief Financial Officer.--There shall be in the

Department a Chief Financial Officer, as provided in chapter 9

of title 31, United States Code.

TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Subtitle A--Information and Analysis and Infrastructure Protection;

Access to Information

SEC. 201. [6 U.S.C. 121] INFORMATION AND ANALYSIS AND INFRASTRUCTURE

PROTECTION.

(a) Intelligence and Analysis and Infrastructure

Protection.--There shall be in the Department an Office of

Intelligence and Analysis and an Office of Infrastructure

Protection.

(b) Under Secretary for Intelligence and Analysis and

Assistant Secretary for Infrastructure Protection.--

(1) Office of intelligence and analysis.--The

Office of Intelligence and Analysis shall be headed by

an Under Secretary for Intelligence and Analysis, who

shall be appointed by the President, by and with the

advice and consent of the Senate.

(2) Chief intelligence officer.--The Under

Secretary for Intelligence and Analysis shall serve as

the Chief Intelligence Officer of the Department.

(3) Office of infrastructure protection.--The

Office of Infrastructure Protection shall be headed by

an Assistant Secretary for Infrastructure Protection,

who shall be appointed by the President.

(c) Discharge of Responsibilities.--The Secretary shall

ensure that the responsibilities of the Department relating to

information analysis and infrastructure protection, including

those described in subsection (d), are carried out through the

Under Secretary for Intelligence and Analysis or the Assistant

Secretary for Infrastructure Protection, as appropriate.

(d) Responsibilities of Secretary Relating To Intelligence

and Analysis and Infrastructure Protection.--The

responsibilities of the Secretary relating to intelligence and

analysis and infrastructure protection shall be as follows:

(1) To access, receive, and analyze law enforcement

information, intelligence information, and other

information from agencies of the Federal Government,

State and local government agencies (including law

enforcement agencies), and private sector entities, and

to integrate such information, in support of the

mission responsibilities of the Department and the

functions of the National Counterterrorism Center

established under section 119 of the National Security

Act of 1947 (50 U.S.C. 404o), in order to--

(A) identify and assess the nature and

scope of terrorist threats to the homeland;

(B) detect and identify threats of

terrorism against the United States; and

(C) understand such threats in light of

actual and potential vulnerabilities of the

homeland.

(2) To carry out comprehensive assessments of the

vulnerabilities of the key resources and critical

infrastructure of the United States, including the

performance of risk assessments to determine the risks

posed by particular types of terrorist attacks within

the United States (including an assessment of the

probability of success of such attacks and the

feasibility and potential efficacy of various

countermeasures to such attacks).

(3) To integrate relevant information, analyses,

and vulnerability assessments (whether such

information, analyses, or assessments are provided or

produced by the Department or others) in order to

identify priorities for protective and support measures

by the Department, other agencies of the Federal

Government, State and local government agencies and

authorities, the private sector, and other entities.

(4) To ensure, pursuant to section 202, the timely

and efficient access by the Department to all

information necessary to discharge the responsibilities

under this section, including obtaining such

information from other agencies of the Federal

Government.

(5) To develop a comprehensive national plan for

securing the key resources and critical infrastructure

of the United States, including power production,

generation, and distribution systems, information

technology and telecommunications systems (including

satellites), electronic financial and property record

storage and transmission systems, emergency

preparedness communications systems, and the physical

and technological assets that support such systems.

(6) To recommend measures necessary to protect the

key resources and critical infrastructure of the United

States in coordination with other agencies of the

Federal Government and in cooperation with State and

local government agencies and authorities, the private

sector, and other entities.

(7) To review, analyze, and make recommendations

for improvements to the policies and procedures

governing the sharing of information within the scope

of the information sharing environment established

under section 1016 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (6 U.S.C. 485),

including homeland security information, terrorism

information, and weapons of mass destruction

information, and any policies, guidelines, procedures,

instructions, or standards established under that

section.

(8) To disseminate, as appropriate, information

analyzed by the Department within the Department, to

other agencies of the Federal Government with

responsibilities relating to homeland security, and to

agencies of State and local governments and private

sector entities with such responsibilities in order to

assist in the deterrence, prevention, preemption of, or

response to, terrorist attacks against the United

States.

(9) To consult with the Director of National

Intelligence and other appropriate intelligence, law

enforcement, or other elements of the Federal

Government to establish collection priorities and

strategies for information, including law enforcement-

related information, relating to threats of terrorism

against the United States through such means as the

representation of the Department in discussions

regarding requirements and priorities in the collection

of such information.

(10) To consult with State and local governments

and private sector entities to ensure appropriate

exchanges of information, including law enforcement-

related information, relating to threats of terrorism

against the United States.

(11) To ensure that--

(A) any material received pursuant to this

Act is protected from unauthorized disclosure

and handled and used only for the performance

of official duties; and

(B) any intelligence information under this

Act is shared, retained, and disseminated

consistent with the authority of the Director

of National Intelligence to protect

intelligence sources and methods under the

National Security Act of 1947 (50 U.S.C. 401 et

seq.) and related procedures and, as

appropriate, similar authorities of the

Attorney General concerning sensitive law

enforcement information.

(12) To request additional information from other

agencies of the Federal Government, State and local

government agencies, and the private sector relating to

threats of terrorism in the United States, or relating

to other areas of responsibility assigned by the

Secretary, including the entry into cooperative

agreements through the Secretary to obtain such

information.

(13) To establish and utilize, in conjunction with

the chief information officer of the Department, a

secure communications and information technology

infrastructure, including data-mining and other

advanced analytical tools, in order to access, receive,

and analyze data and information in furtherance of the

responsibilities under this section, and to disseminate

information acquired and analyzed by the Department, as

appropriate.

(14) To ensure, in conjunction with the chief

information officer of the Department, that any

information databases and analytical tools developed or

utilized by the Department--

(A) are compatible with one another and

with relevant information databases of other

agencies of the Federal Government; and

(B) treat information in such databases in

a manner that complies with applicable Federal

law on privacy.

(15) To coordinate training and other support to

the elements and personnel of the Department, other

agencies of the Federal Government, and State and local

governments that provide information to the Department,

or are consumers of information provided by the

Department, in order to facilitate the identification

and sharing of information revealed in their ordinary

duties and the optimal utilization of information

received from the Department.

(16) To coordinate with elements of the

intelligence community and with Federal, State, and

local law enforcement agencies, and the private sector,

as appropriate.

(17) To provide intelligence and information

analysis and support to other elements of the

Department.

(18) To coordinate and enhance integration among

the intelligence components of the Department,

including through strategic oversight of the

intelligence activities of such components.

(19) To establish the intelligence collection,

processing, analysis, and dissemination priorities,

policies, processes, standards, guidelines, and

procedures for the intelligence components of the

Department, consistent with any directions from the

President and, as applicable, the Director of National

Intelligence.

(20) To establish a structure and process to

support the missions and goals of the intelligence

components of the Department.

(21) To ensure that, whenever possible, the

Department--

(A) produces and disseminates unclassified

reports and analytic products based on open-

source information; and

(B) produces and disseminates such reports

and analytic products contemporaneously with

reports or analytic products concerning the

same or similar information that the Department

produced and disseminated in a classified

format.

(22) To establish within the Office of Intelligence

and Analysis an internal continuity of operations plan.

(23) Based on intelligence priorities set by the

President, and guidance from the Secretary and, as

appropriate, the Director of National Intelligence--

(A) to provide to the heads of each

intelligence component of the Department

guidance for developing the budget pertaining

to the activities of such component; and

(B) to present to the Secretary a

recommendation for a consolidated budget for

the intelligence components of the Department,

together with any comments from the heads of

such components.

(24) To perform such other duties relating to such

responsibilities as the Secretary may provide.

(25) To prepare and submit to the Committee on

Homeland Security and Governmental Affairs of the

Senate and the Committee on Homeland Security in the

House of Representatives, and to other appropriate

congressional committees having jurisdiction over the

critical infrastructure or key resources, for each

sector identified in the National Infrastructure

Protection Plan, a report on the comprehensive

assessments carried out by the Secretary of the

critical infrastructure and key resources of the United

States, evaluating threat, vulnerability, and

consequence, as required under this subsection. Each

such report--

(A) shall contain, if applicable, actions

or countermeasures recommended or taken by the

Secretary or the head of another Federal agency

to address issues identified in the

assessments;

(B) shall be required for fiscal year 2007

and each subsequent fiscal year and shall be

submitted not later than 35 days after the last

day of the fiscal year covered by the report;

and

(C) may be classified.

(e) Staff.--

(1) In general.--The Secretary shall provide the

Office of Intelligence and Analysis and the Office of

Infrastructure Protection with a staff of analysts

having appropriate expertise and experience to assist

such offices in discharging responsibilities under this

section.

(2) Private sector analysts.--Analysts under this

subsection may include analysts from the private

sector.

(3) Security clearances.--Analysts under this

subsection shall possess security clearances

appropriate for their work under this section.

(f) Detail of Personnel.--

(1) In general.--In order to assist the Office of

Intelligence and Analysis and the Office of

Infrastructure Protection in discharging

responsibilities under this section, personnel of the

agencies referred to in paragraph (2) may be detailed

to the Department for the performance of analytic

functions and related duties.

(2) Covered agencies.--The agencies referred to in

this paragraph are as follows:

(A) The Department of State.

(B) The Central Intelligence Agency.

(C) The Federal Bureau of Investigation.

(D) The National Security Agency.

(E) The National Imagery and Mapping Agency

\1\.

---------------------------------------------------------------------------

\1\ The reference to ``National Imagery and Mapping Agency'' in

subsection (f)(2)(E) probably should be to ``National Geospatial-

Intelligence Agency''. Section 931(b)(5) of Public Law 110-417 amends

section 201(e)(2) by striking ``National Imagery and Mapping Agency''

and inserting ``National Geospatial-Intelligence Agency''. The

amendment was not executed.

---------------------------------------------------------------------------

(F) The Defense Intelligence Agency.

(G) Any other agency of the Federal

Government that the President considers

appropriate.

(3) Cooperative agreements.--The Secretary and the

head of the agency concerned may enter into cooperative

agreements for the purpose of detailing personnel under

this subsection.

(4) Basis.--The detail of personnel under this

subsection may be on a reimbursable or non-reimbursable

basis.

(g) Functions Transferred.--In accordance with title XV,

there shall be transferred to the Secretary, for assignment to

the Office of Intelligence and Analysis and the Office of

Infrastructure Protection under this section, the functions,

personnel, assets, and liabilities of the following:

(1) The National Infrastructure Protection Center

of the Federal Bureau of Investigation (other than the

Computer Investigations and Operations Section),

including the functions of the Attorney General

relating thereto.

(2) The National Communications System of the

Department of Defense, including the functions of the

Secretary of Defense relating thereto.

(3) The Critical Infrastructure Assurance Office of

the Department of Commerce, including the functions of

the Secretary of Commerce relating thereto.

(4) The National Infrastructure Simulation and

Analysis Center of the Department of Energy and the

energy security and assurance program and activities of

the Department, including the functions of the

Secretary of Energy relating thereto.

(5) The Federal Computer Incident Response Center

of the General Services Administration, including the

functions of the Administrator of General Services

relating thereto.

*       *       *       *       *       *       *

SEC. 202. [6 U.S.C. 122] ACCESS TO INFORMATION.

(a) In General.--

(1) Threat and vulnerability information.--Except

as otherwise directed by the President, the Secretary

shall have such access as the Secretary considers

necessary to all information, including reports,

assessments, analyses, and unevaluated intelligence

relating to threats of terrorism against the United

States and to other areas of responsibility assigned by

the Secretary, and to all information concerning

infrastructure or other vulnerabilities of the United

States to terrorism, whether or not such information

has been analyzed, that may be collected, possessed, or

prepared by any agency of the Federal Government.

(2) Other information.--The Secretary shall also

have access to other information relating to matters

under the responsibility of the Secretary that may be

collected, possessed, or prepared by an agency of the

Federal Government as the President may further

provide.

(b) Manner of Access.--Except as otherwise directed by the

President, with respect to information to which the Secretary

has access pursuant to this section--

(1) the Secretary may obtain such material upon

request, and may enter into cooperative arrangements

with other executive agencies to provide such material

or provide Department officials with access to it on a

regular or routine basis, including requests or

arrangements involving broad categories of material,

access to electronic databases, or both; and

(2) regardless of whether the Secretary has made

any request or entered into any cooperative arrangement

pursuant to paragraph (1), all agencies of the Federal

Government shall promptly provide to the Secretary--

(A) all reports (including information

reports containing intelligence which has not

been fully evaluated), assessments, and

analytical information relating to threats of

terrorism against the United States and to

other areas of responsibility assigned by the

Secretary;

(B) all information concerning the

vulnerability of the infrastructure of the

United States, or other vulnerabilities of the

United States, to terrorism, whether or not

such information has been analyzed;

(C) all other information relating to

significant and credible threats of terrorism

against the United States, whether or not such

information has been analyzed; and

(D) such other information or material as

the President may direct.

(c) Treatment Under Certain Laws.--The Secretary shall be

deemed to be a Federal law enforcement, intelligence,

protective, national defense, immigration, or national security

official, and shall be provided with all information from law

enforcement agencies that is required to be given to the

Director of Central Intelligence, under any provision of the

following:

(1) The USA PATRIOT Act of 2001 (Public Law 107-

56).

(2) Section 2517(6) of title 18, United States

Code.

(3) Rule 6(e)(3)(C) of the Federal Rules of

Criminal Procedure.

(d) Access to Intelligence and Other Information.--

(1) Access by elements of federal government.--

Nothing in this title shall preclude any element of the

intelligence community (as that term is defined in

section 3(4) of the National Security Act of 1947 (50

U.S.C. 401a(4)), or any other element of the Federal

Government with responsibility for analyzing terrorist

threat information, from receiving any intelligence or

other information relating to terrorism.

(2) Sharing of information.--The Secretary, in

consultation with the Director of Central Intelligence,

shall work to ensure that intelligence or other

information relating to terrorism to which the

Department has access is appropriately shared with the

elements of the Federal Government referred to in

paragraph (1), as well as with State and local

governments, as appropriate.

SEC. 203. [6 U.S.C. 124] HOMELAND SECURITY ADVISORY SYSTEM.

(a) Requirement.--The Secretary shall administer the

Homeland Security Advisory System in accordance with this

section to provide advisories or warnings regarding the threat

or risk that acts of terrorism will be committed on the

homeland to Federal, State, local, and tribal government

authorities and to the people of the United States, as

appropriate. The Secretary shall exercise primary

responsibility for providing such advisories or warnings.

(b) Required Elements.--In administering the Homeland

Security Advisory System, the Secretary shall--

(1) establish criteria for the issuance and

revocation of such advisories or warnings;

(2) develop a methodology, relying on the criteria

established under paragraph (1), for the issuance and

revocation of such advisories or warnings;

(3) provide, in each such advisory or warning,

specific information and advice regarding appropriate

protective measures and countermeasures that may be

taken in response to the threat or risk, at the maximum

level of detail practicable to enable individuals,

government entities, emergency response providers, and

the private sector to act appropriately;

(4) whenever possible, limit the scope of each such

advisory or warning to a specific region, locality, or

economic sector believed to be under threat or at risk;

and

(5) not, in issuing any advisory or warning, use

color designations as the exclusive means of specifying

homeland security threat conditions that are the

subject of the advisory or warning.

SEC. 204. [6 U.S.C. 124A] HOMELAND SECURITY INFORMATION SHARING.

(a) Information Sharing.--Consistent with section 1016 of

the Intelligence Reform and Terrorism Prevention Act of 2004 (6

U.S.C. 485), the Secretary, acting through the Under Secretary

for Intelligence and Analysis, shall integrate the information

and standardize the format of the products of the intelligence

components of the Department containing homeland security

information, terrorism information, weapons of mass destruction

information, or national intelligence (as defined in section

3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)))

except for any internal security protocols or personnel

information of such intelligence components, or other

administrative processes that are administered by any chief

security officer of the Department.

(b) Information Sharing and Knowledge Management

Officers.--For each intelligence component of the Department,

the Secretary shall designate an information sharing and

knowledge management officer who shall report to the Under

Secretary for Intelligence and Analysis regarding coordinating

the different systems used in the Department to gather and

disseminate homeland security information or national

intelligence (as defined in section 3(5) of the National

Security Act of 1947 (50 U.S.C. 401a(5))).

(c) State, Local, and Private-Sector Sources of

Information.--

(1) Establishment of business processes.--The

Secretary, acting through the Under Secretary for

Intelligence and Analysis or the Assistant Secretary

for Infrastructure Protection, as appropriate, shall--

(A) establish Department-wide procedures

for the review and analysis of information

provided by State, local, and tribal

governments and the private sector;

(B) as appropriate, integrate such

information into the information gathered by

the Department and other departments and

agencies of the Federal Government; and

(C) make available such information, as

appropriate, within the Department and to other

departments and agencies of the Federal

Government.

(2) Feedback.--The Secretary shall develop

mechanisms to provide feedback regarding the analysis

and utility of information provided by any entity of

State, local, or tribal government or the private

sector that provides such information to the

Department.

(d) Training and Evaluation of Employees.--

(1) Training.--The Secretary, acting through the

Under Secretary for Intelligence and Analysis or the

Assistant Secretary for Infrastructure Protection, as

appropriate, shall provide to employees of the

Department opportunities for training and education to

develop an understanding of--

(A) the definitions of homeland security

information and national intelligence (as

defined in section 3(5) of the National

Security Act of 1947 (50 U.S.C. 401a(5))); and

(B) how information available to such

employees as part of their duties--

(i) might qualify as homeland

security information or national

intelligence; and

(ii) might be relevant to the

Office of Intelligence and Analysis and

the intelligence components of the

Department.

(2) Evaluations.--The Under Secretary for

Intelligence and Analysis shall--

(A) on an ongoing basis, evaluate how

employees of the Office of Intelligence and

Analysis and the intelligence components of the

Department are utilizing homeland security

information or national intelligence, sharing

information within the Department, as described

in this title, and participating in the

information sharing environment established

under section 1016 of the Intelligence Reform

and Terrorism Prevention Act of 2004 (6 U.S.C.

485); and

(B) provide to the appropriate component

heads regular reports regarding the evaluations

under subparagraph (A).

SEC. 205. [6 U.S.C. 124B] COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK

ARCHITECTURE.

(a) Establishment.--The Secretary, acting through the Under

Secretary for Intelligence and Analysis, shall establish,

consistent with the policies and procedures developed under

section 1016 of the Intelligence Reform and Terrorism

Prevention Act of 2004 (6 U.S.C. 485), and consistent with the

enterprise architecture of the Department, a comprehensive

information technology network architecture for the Office of

Intelligence and Analysis that connects the various databases

and related information technology assets of the Office of

Intelligence and Analysis and the intelligence components of

the Department in order to promote internal information sharing

among the intelligence and other personnel of the Department.

(b) Comprehensive Information Technology Network

Architecture Defined.--The term ``comprehensive information

technology network architecture'' means an integrated framework

for evolving or maintaining existing information technology and

acquiring new information technology to achieve the strategic

management and information resources management goals of the

Office of Intelligence and Analysis.

SEC. 206. [6 U.S.C. 124C] COORDINATION WITH INFORMATION SHARING

ENVIRONMENT.

(a) Guidance.--All activities to comply with sections 203,

204, and 205 shall be--

(1) consistent with any policies, guidelines,

procedures, instructions, or standards established

under section 1016 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (6 U.S.C. 485);

(2) implemented in coordination with, as

appropriate, the program manager for the information

sharing environment established under that section;

(3) consistent with any applicable guidance issued

by the Director of National Intelligence; and

(4) consistent with any applicable guidance issued

by the Secretary relating to the protection of law

enforcement information or proprietary information.

(b) Consultation.--In carrying out the duties and

responsibilities under this subtitle, the Under Secretary for

Intelligence and Analysis shall take into account the views of

the heads of the intelligence components of the Department.

SEC. 207. [6 U.S.C. 124D] INTELLIGENCE COMPONENTS.

Subject to the direction and control of the Secretary, and

consistent with any applicable guidance issued by the Director

of National Intelligence, the responsibilities of the head of

each intelligence component of the Department are as follows:

(1) To ensure that the collection, processing,

analysis, and dissemination of information within the

scope of the information sharing environment, including

homeland security information, terrorism information,

weapons of mass destruction information, and national

intelligence (as defined in section 3(5) of the

National Security Act of 1947 (50 U.S.C. 401a(5))), are

carried out effectively and efficiently in support of

the intelligence mission of the Department, as led by

the Under Secretary for Intelligence and Analysis.

(2) To otherwise support and implement the

intelligence mission of the Department, as led by the

Under Secretary for Intelligence and Analysis.

(3) To incorporate the input of the Under Secretary

for Intelligence and Analysis with respect to

performance appraisals, bonus or award recommendations,

pay adjustments, and other forms of commendation.

(4) To coordinate with the Under Secretary for

Intelligence and Analysis in developing policies and

requirements for the recruitment and selection of

intelligence officials of the intelligence component.

(5) To advise and coordinate with the Under

Secretary for Intelligence and Analysis on any plan to

reorganize or restructure the intelligence component

that would, if implemented, result in realignments of

intelligence functions.

(6) To ensure that employees of the intelligence

component have knowledge of, and comply with, the

programs and policies established by the Under

Secretary for Intelligence and Analysis and other

appropriate officials of the Department and that such

employees comply with all applicable laws and

regulations.

(7) To perform such other activities relating to

such responsibilities as the Secretary may provide.

SEC. 208. [6 U.S.C. 124E] TRAINING FOR EMPLOYEES OF INTELLIGENCE

COMPONENTS.

The Secretary shall provide training and guidance for

employees, officials, and senior executives of the intelligence

components of the Department to develop knowledge of laws,

regulations, operations, policies, procedures, and programs

that are related to the functions of the Department relating to

the collection, processing, analysis, and dissemination of

information within the scope of the information sharing

environment, including homeland security information, terrorism

information, and weapons of mass destruction information, or

national intelligence (as defined in section 3(5) of the

National Security Act of 1947 (50 U.S.C. 401a(5))).

SEC. 209. [6 U.S.C. 124F] INTELLIGENCE TRAINING DEVELOPMENT FOR STATE

AND LOCAL GOVERNMENT OFFICIALS.

(a) Curriculum.--The Secretary, acting through the Under

Secretary for Intelligence and Analysis, shall--

(1) develop a curriculum for training State, local,

and tribal government officials, including law

enforcement officers, intelligence analysts, and other

emergency response providers, in the intelligence cycle

and Federal laws, practices, and regulations regarding

the development, handling, and review of intelligence

and other information; and

(2) ensure that the curriculum includes executive

level training for senior level State, local, and

tribal law enforcement officers, intelligence analysts,

and other emergency response providers.

(b) Training.--To the extent possible, the Federal Law

Enforcement Training Center and other existing Federal entities

with the capacity and expertise to train State, local, and

tribal government officials based on the curriculum developed

under subsection (a) shall be used to carry out the training

programs created under this section. If such entities do not

have the capacity, resources, or capabilities to conduct such

training, the Secretary may approve another entity to conduct

such training.

(c) Consultation.--In carrying out the duties described in

subsection (a), the Under Secretary for Intelligence and

Analysis shall consult with the Director of the Federal Law

Enforcement Training Center, the Attorney General, the Director

of National Intelligence, the Administrator of the Federal

Emergency Management Agency, and other appropriate parties,

such as private industry, institutions of higher education,

nonprofit institutions, and other intelligence agencies of the

Federal Government.

SEC. 210. [6 U.S.C. 124G] INFORMATION SHARING INCENTIVES.

(a) Awards.--In making cash awards under chapter 45 of

title 5, United States Code, the President or the head of an

agency, in consultation with the program manager designated

under section 1016 of the Intelligence Reform and Terrorism

Prevention Act of 2004 (6 U.S.C. 485), may consider the success

of an employee in appropriately sharing information within the

scope of the information sharing environment established under

that section, including homeland security information,

terrorism information, and weapons of mass destruction

information, or national intelligence (as defined in section

3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)),

in a manner consistent with any policies, guidelines,

procedures, instructions, or standards established by the

President or, as appropriate, the program manager of that

environment for the implementation and management of that

environment.

(b) Other Incentives.--The head of each department or

agency described in section 1016(i) of the Intelligence Reform

and Terrorism Prevention Act of 2004 (6 U.S.C. 485(i)), in

consultation with the program manager designated under section

1016 of the Intelligence Reform and Terrorism Prevention Act of

2004 (6 U.S.C. 485), shall adopt best practices regarding

effective ways to educate and motivate officers and employees

of the Federal Government to participate fully in the

information sharing environment, including--

(1) promotions and other nonmonetary awards; and

(2) publicizing information sharing accomplishments

by individual employees and, where appropriate, the

tangible end benefits that resulted.

SEC. 210A. [6 U.S.C. 124H] DEPARTMENT OF HOMELAND SECURITY STATE,

LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.

(a) Establishment.--The Secretary, in consultation with the

program manager of the information sharing environment

established under section 1016 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney

General, the Privacy Officer of the Department, the Officer for

Civil Rights and Civil Liberties of the Department, and the

Privacy and Civil Liberties Oversight Board established under

section 1061 of the Intelligence Reform and Terrorism

Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a

Department of Homeland Security State, Local, and Regional

Fusion Center Initiative to establish partnerships with State,

local, and regional fusion centers.

(b) Department Support and Coordination.--Through the

Department of Homeland Security State, Local, and Regional

Fusion Center Initiative, and in coordination with the

principal officials of participating State, local, or regional

fusion centers and the officers designated as the Homeland

Security Advisors of the States, the Secretary shall--

(1) provide operational and intelligence advice and

assistance to State, local, and regional fusion

centers;

(2) support efforts to include State, local, and

regional fusion centers into efforts to establish an

information sharing environment;

(3) conduct tabletop and live training exercises to

regularly assess the capability of individual and

regional networks of State, local, and regional fusion

centers to integrate the efforts of such networks with

the efforts of the Department;

(4) coordinate with other relevant Federal entities

engaged in homeland security-related activities;

(5) provide analytic and reporting advice and

assistance to State, local, and regional fusion

centers;

(6) review information within the scope of the

information sharing environment, including homeland

security information, terrorism information, and

weapons of mass destruction information, that is

gathered by State, local, and regional fusion centers,

and to incorporate such information, as appropriate,

into the Department's own such information;

(7) provide management assistance to State, local,

and regional fusion centers;

(8) serve as a point of contact to ensure the

dissemination of information within the scope of the

information sharing environment, including homeland

security information, terrorism information, and

weapons of mass destruction information;

(9) facilitate close communication and coordination

between State, local, and regional fusion centers and

the Department;

(10) provide State, local, and regional fusion

centers with expertise on Department resources and

operations;

(11) provide training to State, local, and regional

fusion centers and encourage such fusion centers to

participate in terrorism threat-related exercises

conducted by the Department; and

(12) carry out such other duties as the Secretary

determines are appropriate.

(c) Personnel Assignment.--

(1) In general.--The Under Secretary for

Intelligence and Analysis shall, to the maximum extent

practicable, assign officers and intelligence analysts

from components of the Department to participating

State, local, and regional fusion centers.

(2) Personnel sources.--Officers and intelligence

analysts assigned to participating fusion centers under

this subsection may be assigned from the following

Department components, in coordination with the

respective component head and in consultation with the

principal officials of participating fusion centers:

(A) Office of Intelligence and Analysis.

(B) Office of Infrastructure Protection.

(C) Transportation Security Administration.

(D) United States Customs and Border

Protection.

(E) United States Immigration and Customs

Enforcement.

(F) United States Coast Guard.

(G) Other components of the Department, as

determined by the Secretary.

(3) Qualifying criteria.--

(A) In general.--The Secretary shall

develop qualifying criteria for a fusion center

to participate in the assigning of Department

officers or intelligence analysts under this

section.

(B) Criteria.--Any criteria developed under

subparagraph (A) may include--

(i) whether the fusion center,

through its mission and governance

structure, focuses on a broad

counterterrorism approach, and whether

that broad approach is pervasive

through all levels of the organization;

(ii) whether the fusion center has

sufficient numbers of adequately

trained personnel to support a broad

counterterrorism mission;

(iii) whether the fusion center

has--

(I) access to relevant law

enforcement, emergency

response, private sector, open

source, and national security

data; and

(II) the ability to share

and analytically utilize that

data for lawful purposes;

(iv) whether the fusion center is

adequately funded by the State, local,

or regional government to support its

counterterrorism mission; and

(v) the relevancy of the mission of

the fusion center to the particular

source component of Department officers

or intelligence analysts.

(4) Prerequisite.--

(A) Intelligence analysis, privacy, and

civil liberties training.--Before being

assigned to a fusion center under this section,

an officer or intelligence analyst shall

undergo--

(i) appropriate intelligence

analysis or information sharing

training using an intelligence-led

policing curriculum that is consistent

with--

(I) standard training and

education programs offered to

Department law enforcement and

intelligence personnel; and

(II) the Criminal

Intelligence Systems Operating

Policies under part 23 of title

28, Code of Federal Regulations

(or any corresponding similar

rule or regulation);

(ii) appropriate privacy and civil

liberties training that is developed,

supported, or sponsored by the Privacy

Officer appointed under section 222 and

the Officer for Civil Rights and Civil

Liberties of the Department, in

consultation with the Privacy and Civil

Liberties Oversight Board established

under section 1061 of the Intelligence

Reform and Terrorism Prevention Act of

2004 (5 U.S.C. 601 note); and

(iii) such other training

prescribed by the Under Secretary for

Intelligence and Analysis.

(B) Prior work experience in area.--In

determining the eligibility of an officer or

intelligence analyst to be assigned to a fusion

center under this section, the Under Secretary

for Intelligence and Analysis shall consider

the familiarity of the officer or intelligence

analyst with the State, locality, or region, as

determined by such factors as whether the

officer or intelligence analyst--

(i) has been previously assigned in

the geographic area; or

(ii) has previously worked with

intelligence officials or law

enforcement or other emergency response

providers from that State, locality, or

region.

(5) Expedited security clearance processing.--The

Under Secretary for Intelligence and Analysis--

(A) shall ensure that each officer or

intelligence analyst assigned to a fusion

center under this section has the appropriate

security clearance to contribute effectively to

the mission of the fusion center; and

(B) may request that security clearance

processing be expedited for each such officer

or intelligence analyst and may use available

funds for such purpose.

(6) Further qualifications.--Each officer or

intelligence analyst assigned to a fusion center under

this section shall satisfy any other qualifications the

Under Secretary for Intelligence and Analysis may

prescribe.

(d) Responsibilities.--An officer or intelligence analyst

assigned to a fusion center under this section shall--

(1) assist law enforcement agencies and other

emergency response providers of State, local, and

tribal governments and fusion center personnel in using

information within the scope of the information sharing

environment, including homeland security information,

terrorism information, and weapons of mass destruction

information, to develop a comprehensive and accurate

threat picture;

(2) review homeland security-relevant information

from law enforcement agencies and other emergency

response providers of State, local, and tribal

government;

(3) create intelligence and other information

products derived from such information and other

homeland security-relevant information provided by the

Department; and

(4) assist in the dissemination of such products,

as coordinated by the Under Secretary for Intelligence

and Analysis, to law enforcement agencies and other

emergency response providers of State, local, and

tribal government, other fusion centers, and

appropriate Federal agencies.

(e) Border Intelligence Priority.--

(1) In general.--The Secretary shall make it a

priority to assign officers and intelligence analysts

under this section from United States Customs and

Border Protection, United States Immigration and

Customs Enforcement, and the Coast Guard to

participating State, local, and regional fusion centers

located in jurisdictions along land or maritime borders

of the United States in order to enhance the integrity

of and security at such borders by helping Federal,

State, local, and tribal law enforcement authorities to

identify, investigate, and otherwise interdict persons,

weapons, and related contraband that pose a threat to

homeland security.

(2) Border intelligence products.--When performing

the responsibilities described in subsection (d),

officers and intelligence analysts assigned to

participating State, local, and regional fusion centers

under this section shall have, as a primary

responsibility, the creation of border intelligence

products that--

(A) assist State, local, and tribal law

enforcement agencies in deploying their

resources most efficiently to help detect and

interdict terrorists, weapons of mass

destruction, and related contraband at land or

maritime borders of the United States;

(B) promote more consistent and timely

sharing of border security-relevant information

among jurisdictions along land or maritime

borders of the United States; and

(C) enhance the Department's situational

awareness of the threat of acts of terrorism at

or involving the land or maritime borders of

the United States.

(f) Database Access.--In order to fulfill the objectives

described under subsection (d), each officer or intelligence

analyst assigned to a fusion center under this section shall

have appropriate access to all relevant Federal databases and

information systems, consistent with any policies, guidelines,

procedures, instructions, or standards established by the

President or, as appropriate, the program manager of the

information sharing environment for the implementation and

management of that environment.

(g) Consumer Feedback.--

(1) In general.--The Secretary shall create a

voluntary mechanism for any State, local, or tribal law

enforcement officer or other emergency response

provider who is a consumer of the intelligence or other

information products referred to in subsection (d) to

provide feedback to the Department on the quality and

utility of such intelligence products.

(2) Report.--Not later than one year after the date

of the enactment of the Implementing Recommendations of

the 9/11 Commission Act of 2007, and annually

thereafter, the Secretary shall submit to the Committee

on Homeland Security and Governmental Affairs of the

Senate and the Committee on Homeland Security of the

House of Representatives a report that includes a

description of the consumer feedback obtained under

paragraph (1) and, if applicable, how the Department

has adjusted its production of intelligence products in

response to that consumer feedback.

(h) Rule of Construction.--

(1) In general.--The authorities granted under this

section shall supplement the authorities granted under

section 201(d) and nothing in this section shall be

construed to abrogate the authorities granted under

section 201(d).

(2) Participation.--Nothing in this section shall

be construed to require a State, local, or regional

government or entity to accept the assignment of

officers or intelligence analysts of the Department

into the fusion center of that State, locality, or

region.

(i) Guidelines.--The Secretary, in consultation with the

Attorney General, shall establish guidelines for fusion centers

created and operated by State and local governments, to include

standards that any such fusion center shall--

(1) collaboratively develop a mission statement,

identify expectations and goals, measure performance,

and determine effectiveness for that fusion center;

(2) create a representative governance structure

that includes law enforcement officers and other

emergency response providers and, as appropriate, the

private sector;

(3) create a collaborative environment for the

sharing of intelligence and information among Federal,

State, local, and tribal government agencies (including

law enforcement officers and other emergency response

providers), the private sector, and the public,

consistent with any policies, guidelines, procedures,

instructions, or standards established by the President

or, as appropriate, the program manager of the

information sharing environment;

(4) leverage the databases, systems, and networks

available from public and private sector entities, in

accordance with all applicable laws, to maximize

information sharing;

(5) develop, publish, and adhere to a privacy and

civil liberties policy consistent with Federal, State,

and local law;

(6) provide, in coordination with the Privacy

Officer of the Department and the Officer for Civil

Rights and Civil Liberties of the Department,

appropriate privacy and civil liberties training for

all State, local, tribal, and private sector

representatives at the fusion center;

(7) ensure appropriate security measures are in

place for the facility, data, and personnel;

(8) select and train personnel based on the needs,

mission, goals, and functions of that fusion center;

(9) offer a variety of intelligence and information

services and products to recipients of fusion center

intelligence and information; and

(10) incorporate law enforcement officers, other

emergency response providers, and, as appropriate, the

private sector, into all relevant phases of the

intelligence and fusion process, consistent with the

mission statement developed under paragraph (1), either

through full time representatives or liaison

relationships with the fusion center to enable the

receipt and sharing of information and intelligence.

(j) Definitions.--In this section--

(1) the term ``fusion center'' means a

collaborative effort of 2 or more Federal, State,

local, or tribal government agencies that combines

resources, expertise, or information with the goal of

maximizing the ability of such agencies to detect,

prevent, investigate, apprehend, and respond to

criminal or terrorist activity;

(2) the term ``information sharing environment''

means the information sharing environment established

under section 1016 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (6 U.S.C. 485);

(3) the term ``intelligence analyst'' means an

individual who regularly advises, administers,

supervises, or performs work in the collection,

gathering, analysis, evaluation, reporting, production,

or dissemination of information on political, economic,

social, cultural, physical, geographical, scientific,

or military conditions, trends, or forces in foreign or

domestic areas that directly or indirectly affect

national security;

(4) the term ``intelligence-led policing'' means

the collection and analysis of information to produce

an intelligence end product designed to inform law

enforcement decision making at the tactical and

strategic levels; and

(5) the term ``terrorism information'' has the

meaning given that term in section 1016 of the

Intelligence Reform and Terrorism Prevention Act of

2004 (6 U.S.C. 485).

(k) Authorization of Appropriations.--There is authorized

to be appropriated $10,000,000 for each of fiscal years 2008

through 2012, to carry out this section, except for subsection

(i), including for hiring officers and intelligence analysts to

replace officers and intelligence analysts who are assigned to

fusion centers under this section.

SEC. 210B. [6 U.S.C. 124I] HOMELAND SECURITY INFORMATION SHARING

FELLOWS PROGRAM.

(a) Establishment.--

(1) In general.--The Secretary, acting through the

Under Secretary for Intelligence and Analysis, and in

consultation with the Chief Human Capital Officer,

shall establish a fellowship program in accordance with

this section for the purpose of--

(A) detailing State, local, and tribal law

enforcement officers and intelligence analysts

to the Department in accordance with subchapter

VI of chapter 33 of title 5, United States

Code, to participate in the work of the Office

of Intelligence and Analysis in order to become

familiar with--

(i) the relevant missions and

capabilities of the Department and

other Federal agencies; and

(ii) the role, programs, products,

and personnel of the Office of

Intelligence and Analysis; and

(B) promoting information sharing between

the Department and State, local, and tribal law

enforcement officers and intelligence analysts

by assigning such officers and analysts to--

(i) serve as a point of contact in

the Department to assist in the

representation of State, local, and

tribal information requirements;

(ii) identify information within

the scope of the information sharing

environment, including homeland

security information, terrorism

information, and weapons of mass

destruction information, that is of

interest to State, local, and tribal

law enforcement officers, intelligence

analysts, and other emergency response

providers;

(iii) assist Department analysts in

preparing and disseminating products

derived from information within the

scope of the information sharing

environment, including homeland

security information, terrorism

information, and weapons of mass

destruction information, that are

tailored to State, local, and tribal

law enforcement officers and

intelligence analysts and designed to

prepare for and thwart acts of

terrorism; and

(iv) assist Department analysts in

preparing products derived from

information within the scope of the

information sharing environment,

including homeland security

information, terrorism information, and

weapons of mass destruction

information, that are tailored to

State, local, and tribal emergency

response providers and assist in the

dissemination of such products through

appropriate Department channels.

(2) Program name.--The program under this section

shall be known as the ``Homeland Security Information

Sharing Fellows Program''.

(b) Eligibility.--

(1) In general.--In order to be eligible for

selection as an Information Sharing Fellow under the

program under this section, an individual shall--

(A) have homeland security-related

responsibilities;

(B) be eligible for an appropriate security

clearance;

(C) possess a valid need for access to

classified information, as determined by the

Under Secretary for Intelligence and Analysis;

(D) be an employee of an eligible entity;

and

(E) have undergone appropriate privacy and

civil liberties training that is developed,

supported, or sponsored by the Privacy Officer

and the Officer for Civil Rights and Civil

Liberties, in consultation with the Privacy and

Civil Liberties Oversight Board established

under section 1061 of the Intelligence Reform

and Terrorism Prevention Act of 2004 (5 U.S.C.

601 note).

(2) Eligible entities.--In this subsection, the

term ``eligible entity'' means--

(A) a State, local, or regional fusion

center;

(B) a State or local law enforcement or

other government entity that serves a major

metropolitan area, suburban area, or rural

area, as determined by the Secretary;

(C) a State or local law enforcement or

other government entity with port, border, or

agricultural responsibilities, as determined by

the Secretary;

(D) a tribal law enforcement or other

authority; or

(E) such other entity as the Secretary

determines is appropriate.

(c) Optional Participation.--No State, local, or tribal law

enforcement or other government entity shall be required to

participate in the Homeland Security Information Sharing

Fellows Program.

(d) Procedures for Nomination and Selection.--

(1) In general.--The Under Secretary for

Intelligence and Analysis shall establish procedures to

provide for the nomination and selection of individuals

to participate in the Homeland Security Information

Sharing Fellows Program.

(2) Limitations.--The Under Secretary for

Intelligence and Analysis shall--

(A) select law enforcement officers and

intelligence analysts representing a broad

cross-section of State, local, and tribal

agencies; and

(B) ensure that the number of Information

Sharing Fellows selected does not impede the

activities of the Office of Intelligence and

Analysis.

SEC. 210C. [6 U.S.C. 124J] RURAL POLICING INSTITUTE.

(a) In General.--The Secretary shall establish a Rural

Policing Institute, which shall be administered by the Federal

Law Enforcement Training Center, to target training to law

enforcement agencies and other emergency response providers

located in rural areas. The Secretary, through the Rural

Policing Institute, shall--

(1) evaluate the needs of law enforcement agencies

and other emergency response providers in rural areas;

(2) develop expert training programs designed to

address the needs of law enforcement agencies and other

emergency response providers in rural areas as

identified in the evaluation conducted under paragraph

(1), including training programs about intelligence-led

policing and protections for privacy, civil rights, and

civil liberties;

(3) provide the training programs developed under

paragraph (2) to law enforcement agencies and other

emergency response providers in rural areas; and

(4) conduct outreach efforts to ensure that local

and tribal governments in rural areas are aware of the

training programs developed under paragraph (2) so they

can avail themselves of such programs.

(b) Curricula.--The training at the Rural Policing

Institute established under subsection (a) shall--

(1) be configured in a manner so as not to

duplicate or displace any law enforcement or emergency

response program of the Federal Law Enforcement

Training Center or a local or tribal government entity

in existence on the date of enactment of the

Implementing Recommendations of the 9/11 Commission Act

of 2007; and

(2) to the maximum extent practicable, be delivered

in a cost-effective manner at facilities of the

Department, on closed military installations with

adequate training facilities, or at facilities operated

by the participants.

(c) Definition.--In this section, the term ``rural'' means

an area that is not located in a metropolitan statistical area,

as defined by the Office of Management and Budget.

(d) Authorization of Appropriations.--There are authorized

to be appropriated to carry out this section (including for

contracts, staff, and equipment)--

(1) $10,000,000 for fiscal year 2008; and

(2) $5,000,000 for each of fiscal years 2009

through 2013.

SEC. 210D. [6 U.S.C. 124K] INTERAGENCY THREAT ASSESSMENT AND

COORDINATION GROUP.

(a) In General.--To improve the sharing of information

within the scope of the information sharing environment

established under section 1016 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (6 U.S.C. 485) with State,

local, tribal, and private sector officials, the Director of

National Intelligence, through the program manager for the

information sharing environment, in coordination with the

Secretary, shall coordinate and oversee the creation of an

Interagency Threat Assessment and Coordination Group (referred

to in this section as the ``ITACG'').

(b) Composition of ITACG.--The ITACG shall consist of--

(1) an ITACG Advisory Council to set policy and

develop processes for the integration, analysis, and

dissemination of federally-coordinated information

within the scope of the information sharing

environment, including homeland security information,

terrorism information, and weapons of mass destruction

information; and

(2) an ITACG Detail comprised of State, local, and

tribal homeland security and law enforcement officers

and intelligence analysts detailed to work in the

National Counterterrorism Center with Federal

intelligence analysts for the purpose of integrating,

analyzing, and assisting in the dissemination of

federally-coordinated information within the scope of

the information sharing environment, including homeland

security information, terrorism information, and

weapons of mass destruction information, through

appropriate channels identified by the ITACG Advisory

Council.

(c) Responsibilities of Program Manager.--The program

manager, in consultation with the Information Sharing Council,

shall--

(1) monitor and assess the efficacy of the ITACG;

and

(2) not later than 180 days after the date of the

enactment of the Implementing Recommendations of the 9/

11 Commission Act of 2007, and at least annually

thereafter, submit to the Secretary, the Attorney

General, the Director of National Intelligence, the

Committee on Homeland Security and Governmental Affairs

of the Senate and the Committee on Homeland Security of

the House of Representatives a report on the progress

of the ITACG.

(d) Responsibilities of Secretary.--The Secretary, or the

Secretary's designee, in coordination with the Director of the

National Counterterrorism Center and the ITACG Advisory

Council, shall--

(1) create policies and standards for the creation

of information products derived from information within

the scope of the information sharing environment,

including homeland security information, terrorism

information, and weapons of mass destruction

information, that are suitable for dissemination to

State, local, and tribal governments and the private

sector;

(2) evaluate and develop processes for the timely

dissemination of federally-coordinated information

within the scope of the information sharing

environment, including homeland security information,

terrorism information, and weapons of mass destruction

information, to State, local, and tribal governments

and the private sector;

(3) establish criteria and a methodology for

indicating to State, local, and tribal governments and

the private sector the reliability of information

within the scope of the information sharing

environment, including homeland security information,

terrorism information, and weapons of mass destruction

information, disseminated to them;

(4) educate the intelligence community about the

requirements of the State, local, and tribal homeland

security, law enforcement, and other emergency response

providers regarding information within the scope of the

information sharing environment, including homeland

security information, terrorism information, and

weapons of mass destruction information;

(5) establish and maintain the ITACG Detail, which

shall assign an appropriate number of State, local, and

tribal homeland security and law enforcement officers

and intelligence analysts to work in the National

Counterterrorism Center who shall--

(A) educate and advise National

Counterterrorism Center intelligence analysts

about the requirements of the State, local, and

tribal homeland security and law enforcement

officers, and other emergency response

providers regarding information within the

scope of the information sharing environment,

including homeland security information,

terrorism information, and weapons of mass

destruction information;

(B) assist National Counterterrorism Center

intelligence analysts in integrating,

analyzing, and otherwise preparing versions of

products derived from information within the

scope of the information sharing environment,

including homeland security information,

terrorism information, and weapons of mass

destruction information that are unclassified

or classified at the lowest possible level and

suitable for dissemination to State, local, and

tribal homeland security and law enforcement

agencies in order to help deter and prevent

terrorist attacks;

(C) implement, in coordination with

National Counterterrorism Center intelligence

analysts, the policies, processes, procedures,

standards, and guidelines developed by the

ITACG Advisory Council;

(D) assist in the dissemination of products

derived from information within the scope of

the information sharing environment, including

homeland security information, terrorism

information, and weapons of mass destruction

information, to State, local, and tribal

jurisdictions only through appropriate channels

identified by the ITACG Advisory Council; and

(E) report directly to the senior

intelligence official from the Department under

paragraph (6);

(6) detail a senior intelligence official from the

Department of Homeland Security to the National

Counterterrorism Center, who shall--

(A) manage the day-to-day operations of the

ITACG Detail;

(B) report directly to the Director of the

National Counterterrorism Center or the

Director's designee; and

(C) in coordination with the Director of

the Federal Bureau of Investigation, and

subject to the approval of the Director of the

National Counterterrorism Center, select a

deputy from the pool of available detailees

from the Federal Bureau of Investigation in the

National Counterterrorism Center; and

(7) establish, within the ITACG Advisory Council, a

mechanism to select law enforcement officers and

intelligence analysts for placement in the National

Counterterrorism Center consistent with paragraph (5),

using criteria developed by the ITACG Advisory Council

that shall encourage participation from a broadly

representative group of State, local, and tribal

homeland security and law enforcement agencies.

(e) Membership.--The Secretary, or the Secretary's

designee, shall serve as the chair of the ITACG Advisory

Council, which shall include--

(1) representatives of--

(A) the Department;

(B) the Federal Bureau of Investigation;

(C) the National Counterterrorism Center;

(D) the Department of Defense;

(E) the Department of Energy;

(F) the Department of State; and

(G) other Federal entities as appropriate;

(2) the program manager of the information sharing

environment, designated under section 1016(f) of the

Intelligence Reform and Terrorism Prevention Act of

2004 (6 U.S.C. 485(f)), or the program manager's

designee; and

(3) executive level law enforcement and

intelligence officials from State, local, and tribal

governments.

(f) Criteria.--The Secretary, in consultation with the

Director of National Intelligence, the Attorney General, and

the program manager of the information sharing environment

established under section 1016 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall--

(1) establish procedures for selecting members of

the ITACG Advisory Council and for the proper handling

and safeguarding of products derived from information

within the scope of the information sharing

environment, including homeland security information,

terrorism information, and weapons of mass destruction

information, by those members; and

(2) ensure that at least 50 percent of the members

of the ITACG Advisory Council are from State, local,

and tribal governments.

(g) Operations.--

(1) In general.--Beginning not later than 90 days

after the date of enactment of the Implementing

Recommendations of the 9/11 Commission Act of 2007, the

ITACG Advisory Council shall meet regularly, but not

less than quarterly, at the facilities of the National

Counterterrorism Center of the Office of the Director

of National Intelligence.

(2) Management.--Pursuant to section 119(f)(E) of

the National Security Act of 1947 (50 U.S.C.

404o(f)(E)), the Director of the National

Counterterrorism Center, acting through the senior

intelligence official from the Department of Homeland

Security detailed pursuant to subsection (d)(6), shall

ensure that--

(A) the products derived from information

within the scope of the information sharing

environment, including homeland security

information, terrorism information, and weapons

of mass destruction information, prepared by

the National Counterterrorism Center and the

ITACG Detail for distribution to State, local,

and tribal homeland security and law

enforcement agencies reflect the requirements

of such agencies and are produced consistently

with the policies, processes, procedures,

standards, and guidelines established by the

ITACG Advisory Council;

(B) in consultation with the ITACG Advisory

Council and consistent with sections

102A(f)(1)(B)(iii) and 119(f)(E) of the

National Security Act of 1947 (50 U.S.C. 402 et

seq.), all products described in subparagraph

(A) are disseminated through existing channels

of the Department and the Department of Justice

and other appropriate channels to State, local,

and tribal government officials and other

entities;

(C) all detailees under subsection (d)(5)

have appropriate access to all relevant

information within the scope of the information

sharing environment, including homeland

security information, terrorism information,

and weapons of mass destruction information,

available at the National Counterterrorism

Center in order to accomplish the objectives

under that paragraph;

(D) all detailees under subsection (d)(5)

have the appropriate security clearances and

are trained in the procedures for handling,

processing, storing, and disseminating

classified products derived from information

within the scope of the information sharing

environment, including homeland security

information, terrorism information, and weapons

of mass destruction information; and

(E) all detailees under subsection (d)(5)

complete appropriate privacy and civil

liberties training.

(h) Inapplicability of the Federal Advisory Committee

Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to the ITACG or any subsidiary groups thereof.

(i) Authorization of Appropriations.--There are authorized

to be appropriated such sums as may be necessary for each of

fiscal years 2008 through 2012 to carry out this section,

including to obtain security clearances for the State, local,

and tribal participants in the ITACG.

SEC. 210E. [6 U.S.C. 124L] NATIONAL ASSET DATABASE.

(a) Establishment.--

(1) National asset database.--The Secretary shall

establish and maintain a national database of each

system or asset that--

(A) the Secretary, in consultation with

appropriate homeland security officials of the

States, determines to be vital and the loss,

interruption, incapacity, or destruction of

which would have a negative or debilitating

effect on the economic security, public health,

or safety of the United States, any State, or

any local government; or

(B) the Secretary determines is appropriate

for inclusion in the database.

(2) Prioritized critical infrastructure list.--In

accordance with Homeland Security Presidential

Directive-7, as in effect on January 1, 2007, the

Secretary shall establish and maintain a single

classified prioritized list of systems and assets

included in the database under paragraph (1) that the

Secretary determines would, if destroyed or disrupted,

cause national or regional catastrophic effects.

(b) Use of Database.--The Secretary shall use the database

established under subsection (a)(1) in the development and

implementation of Department plans and programs as appropriate.

(c) Maintenance of Database.--

(1) In general.--The Secretary shall maintain and

annually update the database established under

subsection (a)(1) and the list established under

subsection (a)(2), including--

(A) establishing data collection guidelines

and providing such guidelines to the

appropriate homeland security official of each

State;

(B) regularly reviewing the guidelines

established under subparagraph (A), including

by consulting with the appropriate homeland

security officials of States, to solicit

feedback about the guidelines, as appropriate;

(C) after providing the homeland security

official of a State with the guidelines under

subparagraph (A), allowing the official a

reasonable amount of time to submit to the

Secretary any data submissions recommended by

the official for inclusion in the database

established under subsection (a)(1);

(D) examining the contents and identifying

any submissions made by such an official that

are described incorrectly or that do not meet

the guidelines established under subparagraph

(A); and

(E) providing to the appropriate homeland

security official of each relevant State a list

of submissions identified under subparagraph

(D) for review and possible correction before

the Secretary finalizes the decision of which

submissions will be included in the database

established under subsection (a)(1).

(2) Organization of information in database.--The

Secretary shall organize the contents of the database

established under subsection (a)(1) and the list

established under subsection (a)(2) as the Secretary

determines is appropriate. Any organizational structure

of such contents shall include the categorization of

the contents--

(A) according to the sectors listed in

National Infrastructure Protection Plan

developed pursuant to Homeland Security

Presidential Directive-7; and

(B) by the State and county of their

location.

(3) Private sector integration.--The Secretary

shall identify and evaluate methods, including the

Department's Protected Critical Infrastructure

Information Program, to acquire relevant private sector

information for the purpose of using that information

to generate any database or list, including the

database established under subsection (a)(1) and the

list established under subsection (a)(2).

(4) Retention of classification.--The

classification of information required to be provided

to Congress, the Department, or any other department or

agency under this section by a sector-specific agency,

including the assignment of a level of classification

of such information, shall be binding on Congress, the

Department, and that other Federal agency.

(d) Reports.--

(1) Report required.--Not later than 180 days after

the date of the enactment of the Implementing

Recommendations of the 9/11 Commission Act of 2007, and

annually thereafter, the Secretary shall submit to the

Committee on Homeland Security and Governmental Affairs

of the Senate and the Committee on Homeland Security of

the House of Representatives a report on the database

established under subsection (a)(1) and the list

established under subsection (a)(2).

(2) Contents of report.--Each such report shall

include the following:

(A) The name, location, and sector

classification of each of the systems and

assets on the list established under subsection

(a)(2).

(B) The name, location, and sector

classification of each of the systems and

assets on such list that are determined by the

Secretary to be most at risk to terrorism.

(C) Any significant challenges in compiling

the list of the systems and assets included on

such list or in the database established under

subsection (a)(1).

(D) Any significant changes from the

preceding report in the systems and assets

included on such list or in such database.

(E) If appropriate, the extent to which

such database and such list have been used,

individually or jointly, for allocating funds

by the Federal Government to prevent, reduce,

mitigate, or respond to acts of terrorism.

(F) The amount of coordination between the

Department and the private sector, through any

entity of the Department that meets with

representatives of private sector industries

for purposes of such coordination, for the

purpose of ensuring the accuracy of such

database and such list.

(G) Any other information the Secretary

deems relevant.

(3) Classified information.--The report shall be

submitted in unclassified form but may contain a

classified annex.

(e) Inspector General Study.--By not later than two years

after the date of enactment of the Implementing Recommendations

of the 9/11 Commission Act of 2007, the Inspector General of

the Department shall conduct a study of the implementation of

this section.

(f) National Infrastructure Protection Consortium.--The

Secretary may establish a consortium to be known as the

``National Infrastructure Protection Consortium''. The

Consortium may advise the Secretary on the best way to

identify, generate, organize, and maintain any database or list

of systems and assets established by the Secretary, including

the database established under subsection (a)(1) and the list

established under subsection (a)(2). If the Secretary

establishes the National Infrastructure Protection Consortium,

the Consortium may--

(1) be composed of national laboratories, Federal

agencies, State and local homeland security

organizations, academic institutions, or national

Centers of Excellence that have demonstrated experience

working with and identifying critical infrastructure

and key resources; and

(2) provide input to the Secretary on any request

pertaining to the contents of such database or such

list.

Subtitle B--Critical Infrastructure Information

SEC. 211. [6 U.S.C. 101 NOTE] SHORT TITLE.

This subtitle may be cited as the ``Critical Infrastructure

Information Act of 2002''.

SEC. 212. [6 U.S.C. 131] DEFINITIONS.

In this subtitle:

(1) Agency.--The term ``agency'' has the meaning

given it in section 551 of title 5, United States Code.

(2) Covered federal agency.--The term ``covered

Federal agency'' means the Department of Homeland

Security.

(3) Critical infrastructure information.--The term

``critical infrastructure information'' means

information not customarily in the public domain and

related to the security of critical infrastructure or

protected systems--

(A) actual, potential, or threatened

interference with, attack on, compromise of, or

incapacitation of critical infrastructure or

protected systems by either physical or

computer-based attack or other similar conduct

(including the misuse of or unauthorized access

to all types of communications and data

transmission systems) that violates Federal,

State, or local law, harms interstate commerce

of the United States, or threatens public

health or safety;

(B) the ability of any critical

infrastructure or protected system to resist

such interference, compromise, or

incapacitation, including any planned or past

assessment, projection, or estimate of the

vulnerability of critical infrastructure or a

protected system, including security testing,

risk evaluation thereto, risk management

planning, or risk audit; or

(C) any planned or past operational problem

or solution regarding critical infrastructure

or protected systems, including repair,

recovery, reconstruction, insurance, or

continuity, to the extent it is related to such

interference, compromise, or incapacitation.

(4) Critical infrastructure protection program.--

The term ``critical infrastructure protection program''

means any component or bureau of a covered Federal

agency that has been designated by the President or any

agency head to receive critical infrastructure

information.

(5) Information sharing and analysis

organization.--The term ``Information Sharing and

Analysis Organization'' means any formal or informal

entity or collaboration created or employed by public

or private sector organizations, for purposes of--

(A) gathering and analyzing critical

infrastructure information in order to better

understand security problems and

interdependencies related to critical

infrastructure and protected systems, so as to

ensure the availability, integrity, and

reliability thereof;

(B) communicating or disclosing critical

infrastructure information to help prevent,

detect, mitigate, or recover from the effects

of a interference, compromise, or a

incapacitation problem related to critical

infrastructure or protected systems; and

(C) voluntarily disseminating critical

infrastructure information to its members,

State, local, and Federal Governments, or any

other entities that may be of assistance in

carrying out the purposes specified in

subparagraphs (A) and (B).

(6) Protected system.--The term ``protected

system''--

(A) means any service, physical or

computer-based system, process, or procedure

that directly or indirectly affects the

viability of a facility of critical

infrastructure; and

(B) includes any physical or computer-based

system, including a computer, computer system,

computer or communications network, or any

component hardware or element thereof, software

program, processing instructions, or

information or data in transmission or storage

therein, irrespective of the medium of

transmission or storage.

(7) Voluntary.--

(A) In general.--The term ``voluntary'', in

the case of any submittal of critical

infrastructure information to a covered Federal

agency, means the submittal thereof in the

absence of such agency's exercise of legal

authority to compel access to or submission of

such information and may be accomplished by a

single entity or an Information Sharing and

Analysis Organization on behalf of itself or

its members.

(B) Exclusions.--The term ``voluntary''--

(i) in the case of any action

brought under the securities laws as is

defined in section 3(a)(47) of the

Securities Exchange Act of 1934 (15

U.S.C. 78c(a)(47))--

(I) does not include

information or statements

contained in any documents or

materials filed with the

Securities and Exchange

Commission, or with Federal

banking regulators, pursuant to

section 12(i) of the Securities

Exchange Act of 1934 (15 U.S.C.

781(I)); and

(II) with respect to the

submittal of critical

infrastructure information,

does not include any disclosure

or writing that when made

accompanied the solicitation of

an offer or a sale of

securities; and

(ii) does not include information

or statements submitted or relied upon

as a basis for making licensing or

permitting determinations, or during

regulatory proceedings.

SEC. 213. [6 U.S.C. 132] DESIGNATION OF CRITICAL INFRASTRUCTURE

PROTECTION PROGRAM.

A critical infrastructure protection program may be

designated as such by one of the following:

(1) The President.

(2) The Secretary of Homeland Security.

SEC. 214. [6 U.S.C. 123] PROTECTION OF VOLUNTARILY SHARED CRITICAL

INFRASTRUCTURE INFORMATION.

(a) Protection.--

(1) In general.--Notwithstanding any other

provision of law, critical infrastructure information

(including the identity of the submitting person or

entity) that is voluntarily submitted to a covered

Federal agency for use by that agency regarding the

security of critical infrastructure and protected

systems, analysis, warning, interdependency study,

recovery, reconstitution, or other informational

purpose, when accompanied by an express statement

specified in paragraph (2)--

(A) shall be exempt from disclosure under

section 552 of title 5, United States Code

(commonly referred to as the Freedom of

Information Act);

(B) shall not be subject to any agency

rules or judicial doctrine regarding ex parte

communications with a decision making official;

(C) shall not, without the written consent

of the person or entity submitting such

information, be used directly by such agency,

any other Federal, State, or local authority,

or any third party, in any civil action arising

under Federal or State law if such information

is submitted in good faith;

(D) shall not, without the written consent

of the person or entity submitting such

information, be used or disclosed by any

officer or employee of the United States for

purposes other than the purposes of this

subtitle, except--

(i) in furtherance of an

investigation or the prosecution of a

criminal act; or

(ii) when disclosure of the

information would be--

(I) to either House of

Congress, or to the extent of

matter within its jurisdiction,

any committee or subcommittee

thereof, any joint committee

thereof or subcommittee of any

such joint committee; or

(II) to the Comptroller

General, or any authorized

representative of the

Comptroller General, in the

course of the performance of

the duties of the General

Accounting Office.

(E) shall not, if provided to a State or

local government or government agency--

(i) be made available pursuant to

any State or local law requiring

disclosure of information or records;

(ii) otherwise be disclosed or

distributed to any party by said State

or local government or government

agency without the written consent of

the person or entity submitting such

information; or

(iii) be used other than for the

purpose of protecting critical

infrastructure or protected systems, or

in furtherance of an investigation or

the prosecution of a criminal act; and

(F) does not constitute a waiver of any

applicable privilege or protection provided

under law, such as trade secret protection.

(2) Express statement.--For purposes of paragraph

(1), the term ``express statement'', with respect to

information or records, means--

(A) in the case of written information or

records, a written marking on the information

or records substantially similar to the

following: ``This information is voluntarily

submitted to the Federal Government in

expectation of protection from disclosure as

provided by the provisions of the Critical

Infrastructure Information Act of 2002.''; or

(B) in the case of oral information, a

similar written statement submitted within a

reasonable period following the oral

communication.

(b) Limitation.--No communication of critical

infrastructure information to a covered Federal agency made

pursuant to this subtitle shall be considered to be an action

subject to the requirements of the Federal Advisory Committee

Act (5 U.S.C. App. 2).

(c) Independently Obtained Information.--Nothing in this

section shall be construed to limit or otherwise affect the

ability of a State, local, or Federal Government entity,

agency, or authority, or any third party, under applicable law,

to obtain critical infrastructure information in a manner not

covered by subsection (a), including any information lawfully

and properly disclosed generally or broadly to the public and

to use such information in any manner permitted by law.

(d) Treatment of Voluntary Submittal of Information.--The

voluntary submittal to the Government of information or records

that are protected from disclosure by this subtitle shall not

be construed to constitute compliance with any requirement to

submit such information to a Federal agency under any other

provision of law.

(e) Procedures.--

(1) In general.--The Secretary of the Department of

Homeland Security shall, in consultation with

appropriate representatives of the National Security

Council and the Office of Science and Technology

Policy, establish uniform procedures for the receipt,

care, and storage by Federal agencies of critical

infrastructure information that is voluntarily

submitted to the Government. The procedures shall be

established not later than 90 days after the date of

the enactment of this subtitle.

(2) Elements.--The procedures established under

paragraph (1) shall include mechanisms regarding--

(A) the acknowledgement of receipt by

Federal agencies of critical infrastructure

information that is voluntarily submitted to

the Government;

(B) the maintenance of the identification

of such information as voluntarily submitted to

the Government for purposes of and subject to

the provisions of this subtitle;

(C) the care and storage of such

information; and

(D) the protection and maintenance of the

confidentiality of such information so as to

permit the sharing of such information within

the Federal Government and with State and local

governments, and the issuance of notices and

warnings related to the protection of critical

infrastructure and protected systems, in such

manner as to protect from public disclosure the

identity of the submitting person or entity, or

information that is proprietary, business

sensitive, relates specifically to the

submitting person or entity, and is otherwise

not appropriately in the public domain.

(f) Penalties.--Whoever, being an officer or employee of

the United States or of any department or agency thereof,

knowingly publishes, divulges, discloses, or makes known in any

manner or to any extent not authorized by law, any critical

infrastructure information protected from disclosure by this

subtitle coming to him in the course of this employment or

official duties or by reason of any examination or

investigation made by, or return, report, or record made to or

filed with, such department or agency or officer or employee

thereof, shall be fined under title 18 of the United States

Code, imprisoned not more than 1 year, or both, and shall be

removed from office or employment.

(g) Authority To Issue Warnings.--The Federal Government

may provide advisories, alerts, and warnings to relevant

companies, targeted sectors, other governmental entities, or

the general public regarding potential threats to critical

infrastructure as appropriate. In issuing a warning, the

Federal Government shall take appropriate actions to protect

from disclosure--

(1) the source of any voluntarily submitted

critical infrastructure information that forms the

basis for the warning; or

(2) information that is proprietary, business

sensitive, relates specifically to the submitting

person or entity, or is otherwise not appropriately in

the public domain.

(h) Authority To Delegate.--The President may delegate

authority to a critical infrastructure protection program,

designated under section 213, to enter into a voluntary

agreement to promote critical infrastructure security,

including with any Information Sharing and Analysis

Organization, or a plan of action as otherwise defined in

section 708 of the Defense Production Act of 1950 (50 U.S.C.

App. 2158).

SEC. 215. [6 U.S.C. 134] NO PRIVATE RIGHT OF ACTION.

Nothing in this subtitle may be construed to create a

private right of action for enforcement of any provision of

this Act.

Subtitle C--Information Security

SEC. 221. [6 U.S.C. 141] PROCEDURES FOR SHARING INFORMATION.

The Secretary shall establish procedures on the use of

information shared under this title that--

(1) limit the redissemination of such information

to ensure that it is not used for an unauthorized

purpose;

(2) ensure the security and confidentiality of such

information;

(3) protect the constitutional and statutory rights

of any individuals who are subjects of such

information; and

(4) provide data integrity through the timely

removal and destruction of obsolete or erroneous names

and information.

SEC. 222. [6 U.S.C. 142] PRIVACY OFFICER.

(a) Appointment and Responsibilities.--The Secretary shall

appoint a senior official in the Department, who shall report

directly to the Secretary, to assume primary responsibility for

privacy policy, including--

(1) assuring that the use of technologies sustain,

and do not erode, privacy protections relating to the

use, collection, and disclosure of personal

information;

(2) assuring that personal information contained in

Privacy Act systems of records is handled in full

compliance with fair information practices as set out

in the Privacy Act of 1974;

(3) evaluating legislative and regulatory proposals

involving collection, use, and disclosure of personal

information by the Federal Government;

(4) conducting a privacy impact assessment of

proposed rules of the Department or that of the

Department on the privacy of personal information,

including the type of personal information collected

and the number of people affected;

(5) coordinating with the Officer for Civil Rights

and Civil Liberties to ensure that--

(A) programs, policies, and procedures

involving civil rights, civil liberties, and

privacy considerations are addressed in an

integrated and comprehensive manner; and

(B) Congress receives appropriate reports

on such programs, policies, and procedures; and

(6) preparing a report to Congress on an annual

basis on activities of the Department that affect

privacy, including complaints of privacy violations,

implementation of the Privacy Act of 1974, internal

controls, and other matters.

(b) Authority To Investigate.--

(1) In general.--The senior official appointed

under subsection (a) may--

(A) have access to all records, reports,

audits, reviews, documents, papers,

recommendations, and other materials available

to the Department that relate to programs and

operations with respect to the responsibilities

of the senior official under this section;

(B) make such investigations and reports

relating to the administration of the programs

and operations of the Department as are, in the

senior official's judgment, necessary or

desirable;

(C) subject to the approval of the

Secretary, require by subpoena the production,

by any person other than a Federal agency, of

all information, documents, reports, answers,

records, accounts, papers, and other data and

documentary evidence necessary to performance

of the responsibilities of the senior official

under this section; and

(D) administer to or take from any person

an oath, affirmation, or affidavit, whenever

necessary to performance of the

responsibilities of the senior official under

this section.

(2) Enforcement of subpoenas.--Any subpoena issued

under paragraph (1)(C) shall, in the case of contumacy

or refusal to obey, be enforceable by order of any

appropriate United States district court.

(3) Effect of oaths.--Any oath, affirmation, or

affidavit administered or taken under paragraph (1)(D)

by or before an employee of the Privacy Office

designated for that purpose by the senior official

appointed under subsection (a) shall have the same

force and effect as if administered or taken by or

before an officer having a seal of office.

(c) Supervision and Coordination.--

(1) In general.--The senior official appointed

under subsection (a) shall--

(A) report to, and be under the general

supervision of, the Secretary; and

(B) coordinate activities with the

Inspector General of the Department in order to

avoid duplication of effort.

(2) Coordination with the inspector general.--

(A) In general.--Except as provided in

subparagraph (B), the senior official appointed

under subsection (a) may investigate any matter

relating to possible violations or abuse

concerning the administration of any program or

operation of the Department relevant to the

purposes under this section.

(B) Coordination.--

(i) Referral.--Before initiating

any investigation described under

subparagraph (A), the senior official

shall refer the matter and all related

complaints, allegations, and

information to the Inspector General of

the Department.

(ii) Determinations and

notifications by the inspector

general.--

(I) In general.--Not later

than 30 days after the receipt

of a matter referred under

clause (i), the Inspector

General shall--

(aa) make a

determination regarding

whether the Inspector

General intends to

initiate an audit or

investigation of the

matter referred under

clause (i); and

(bb) notify the

senior official of that

determination.

(II) Investigation not

initiated.--If the Inspector

General notifies the senior

official under subclause

(I)(bb) that the Inspector

General intended to initiate an

audit or investigation, but

does not initiate that audit or

investigation within 90 days

after providing that

notification, the Inspector

General shall further notify

the senior official that an

audit or investigation was not

initiated. The further

notification under this

subclause shall be made not

later than 3 days after the end

of that 90-day period.

(iii) Investigation by senior

official.--The senior official may

investigate a matter referred under

clause (i) if--

(I) the Inspector General

notifies the senior official

under clause (ii)(I)(bb) that

the Inspector General does not

intend to initiate an audit or

investigation relating to that

matter; or

(II) the Inspector General

provides a further notification

under clause (ii)(II) relating

to that matter.

(iv) Privacy training.--Any

employee of the Office of Inspector

General who audits or investigates any

matter referred under clause (i) shall

be required to receive adequate

training on privacy laws, rules, and

regulations, to be provided by an

entity approved by the Inspector

General in consultation with the senior

official appointed under subsection

(a).

(d) Notification to Congress on Removal.--If the Secretary

removes the senior official appointed under subsection (a) or

transfers that senior official to another position or location

within the Department, the Secretary shall--

(1) promptly submit a written notification of the

removal or transfer to Houses of Congress; and

(2) include in any such notification the reasons

for the removal or transfer.

(e) Reports by Senior Official to Congress.--The senior

official appointed under subsection (a) shall--

(1) submit reports directly to the Congress

regarding performance of the responsibilities of the

senior official under this section, without any prior

comment or amendment by the Secretary, Deputy

Secretary, or any other officer or employee of the

Department or the Office of Management and Budget; and

(2) inform the Committee on Homeland Security and

Governmental Affairs of the Senate and the Committee on

Homeland Security of the House of Representatives not

later than--

(A) 30 days after the Secretary disapproves

the senior official's request for a subpoena

under subsection (b)(1)(C) or the Secretary

substantively modifies the requested subpoena;

or

(B) 45 days after the senior official's

request for a subpoena under subsection

(b)(1)(C), if that subpoena has not either been

approved or disapproved by the Secretary.

SEC. 223. [6 U.S.C. 143] ENHANCEMENT OF NON-FEDERAL CYBERSECURITY.

In carrying out the responsibilities under section 201, the

Under Secretary for Intelligence and Analysis, in cooperation

with the Assistant Secretary for Infrastructure Protection

shall--

(1) as appropriate, provide to State and local

government entities, and upon request to private

entities that own or operate critical information

systems--

(A) analysis and warnings related to

threats to, and vulnerabilities of, critical

information systems; and

(B) in coordination with the Under

Secretary for Emergency Preparedness and

Response, crisis management support in response

to threats to, or attacks on, critical

information systems; and

(2) as appropriate, provide technical assistance,

upon request, to the private sector and other

government entities, in coordination with the Under

Secretary for Emergency Preparedness and Response, with

respect to emergency recovery plans to respond to major

failures of critical information systems.

SEC. 224. [6 U.S.C. 144] NET GUARD.

The Assistant Secretary for Infrastructure Protection may

establish a national technology guard, to be known as ``NET

Guard'', comprised of local teams of volunteers with expertise

in relevant areas of science and technology, to assist local

communities to respond and recover from attacks on information

systems and communications networks.

SEC. 225. [6 U.S.C. 145] CYBER SECURITY ENHANCEMENT ACT OF 2002.

(a) Short Title.--This section may be cited as the ``Cyber

Security Enhancement Act of 2002''.

(b) Amendment of Sentencing Guidelines Relating to Certain

Computer Crimes.--

(1) Directive to the united states sentencing

commission.--Pursuant to its authority under section

994(p) of title 28, United States Code, and in

accordance with this subsection, the United States

Sentencing Commission shall review and, if appropriate,

amend its guidelines and its policy statements

applicable to persons convicted of an offense under

section 1030 of title 18, United States Code.

(2) Requirements.--In carrying out this subsection,

the Sentencing Commission shall--

(A) ensure that the sentencing guidelines

and policy statements reflect the serious

nature of the offenses described in paragraph

(1), the growing incidence of such offenses,

and the need for an effective deterrent and

appropriate punishment to prevent such

offenses;

(B) consider the following factors and the

extent to which the guidelines may or may not

account for them--

(i) the potential and actual loss

resulting from the offense;

(ii) the level of sophistication

and planning involved in the offense;

(iii) whether the offense was

committed for purposes of commercial

advantage or private financial benefit;

(iv) whether the defendant acted

with malicious intent to cause harm in

committing the offense;

(v) the extent to which the offense

violated the privacy rights of

individuals harmed;

(vi) whether the offense involved a

computer used by the government in

furtherance of national defense,

national security, or the

administration of justice;

(vii) whether the violation was

intended to or had the effect of

significantly interfering with or

disrupting a critical infrastructure;

and

(viii) whether the violation was

intended to or had the effect of

creating a threat to public health or

safety, or injury to any person;

(C) assure reasonable consistency with

other relevant directives and with other

sentencing guidelines;

(D) account for any additional aggravating

or mitigating circumstances that might justify

exceptions to the generally applicable

sentencing ranges;

(E) make any necessary conforming changes

to the sentencing guidelines; and

(F) assure that the guidelines adequately

meet the purposes of sentencing as set forth in

section 3553(a)(2) of title 18, United States

Code.

(c) Study and Report on Computer Crimes.--Not later than

May 1, 2003, the United States Sentencing Commission shall

submit a brief report to Congress that explains any actions

taken by the Sentencing Commission in response to this section

and includes any recommendations the Commission may have

regarding statutory penalties for offenses under section 1030

of title 18, United States Code.

(d) Emergency Disclosure Exception.--

(1)  * * *

*       *       *       *       *       *       *

(2) Reporting of disclosures.--A government entity

that receives a disclosure under section 2702(b) of

title 18, United States Code, shall file, not later

than 90 days after such disclosure, a report to the

Attorney General stating the paragraph of that section

under which the disclosure was made, the date of the

disclosure, the entity to which the disclosure was

made, the number of customers or subscribers to whom

the information disclosed pertained, and the number of

communications, if any, that were disclosed. The

Attorney General shall publish all such reports into a

single report to be submitted to Congress 1 year after

the date of enactment of this Act.

*       *       *       *       *       *       *

Subtitle D--Office of Science and Technology

SEC. 231. [6 U.S.C. 161] ESTABLISHMENT OF OFFICE; DIRECTOR.

(a) Establishment.--

(1) In general.--There is hereby established within

the Department of Justice an Office of Science and

Technology (hereinafter in this title referred to as

the ``Office'').

(2) Authority.--The Office shall be under the

general authority of the Assistant Attorney General,

Office of Justice Programs, and shall be established

within the National Institute of Justice.

(b) Director.--The Office shall be headed by a Director,

who shall be an individual appointed based on approval by the

Office of Personnel Management of the executive qualifications

of the individual.

SEC. 232. [6 U.S.C. 162] MISSION OF OFFICE; DUTIES.

(a) Mission.--The mission of the Office shall be--

(1) to serve as the national focal point for work

on law enforcement technology; and

(2) to carry out programs that, through the

provision of equipment, training, and technical

assistance, improve the safety and effectiveness of law

enforcement technology and improve access to such

technology by Federal, State, and local law enforcement

agencies.

(b) Duties.--In carrying out its mission, the Office shall

have the following duties:

(1) To provide recommendations and advice to the

Attorney General.

(2) To establish and maintain advisory groups

(which shall be exempt from the provisions of the

Federal Advisory Committee Act (5 U.S.C. App.)) to

assess the law enforcement technology needs of Federal,

State, and local law enforcement agencies.

(3) To establish and maintain performance standards

in accordance with the National Technology Transfer and

Advancement Act of 1995 (Public Law 104-113) for, and

test and evaluate law enforcement technologies that may

be used by, Federal, State, and local law enforcement

agencies.

(4) To establish and maintain a program to certify,

validate, and mark or otherwise recognize law

enforcement technology products that conform to

standards established and maintained by the Office in

accordance with the National Technology Transfer and

Advancement Act of 1995 (Public Law 104-113). The

program may, at the discretion of the Office, allow for

supplier's declaration of conformity with such

standards.

(5) To work with other entities within the

Department of Justice, other Federal agencies, and the

executive office of the President to establish a

coordinated Federal approach on issues related to law

enforcement technology.

(6) To carry out research, development, testing,

evaluation, and cost-benefit analyses in fields that

would improve the safety, effectiveness, and efficiency

of law enforcement technologies used by Federal, State,

and local law enforcement agencies, including, but not

limited to--

(A) weapons capable of preventing use by

unauthorized persons, including personalized

guns;

(B) protective apparel;

(C) bullet-resistant and explosion-

resistant glass;

(D) monitoring systems and alarm systems

capable of providing precise location

information;

(E) wire and wireless interoperable

communication technologies;

(F) tools and techniques that facilitate

investigative and forensic work, including

computer forensics;

(G) equipment for particular use in

counterterrorism, including devices and

technologies to disable terrorist devices;

(H) guides to assist State and local law

enforcement agencies;

(I) DNA identification technologies; and

(J) tools and techniques that facilitate

investigations of computer crime.

(7) To administer a program of research,

development, testing, and demonstration to improve the

interoperability of voice and data public safety

communications.

(8) To serve on the Technical Support Working Group

of the Department of Defense, and on other relevant

interagency panels, as requested.

(9) To develop, and disseminate to State and local

law enforcement agencies, technical assistance and

training materials for law enforcement personnel,

including prosecutors.

(10) To operate the regional National Law

Enforcement and Corrections Technology Centers and, to

the extent necessary, establish additional centers

through a competitive process.

(11) To administer a program of acquisition,

research, development, and dissemination of advanced

investigative analysis and forensic tools to assist

State and local law enforcement agencies in combating

cybercrime.

(12) To support research fellowships in support of

its mission.

(13) To serve as a clearinghouse for information on

law enforcement technologies.

(14) To represent the United States and State and

local law enforcement agencies, as requested, in

international activities concerning law enforcement

technology.

(15) To enter into contracts and cooperative

agreements and provide grants, which may require in-

kind or cash matches from the recipient, as necessary

to carry out its mission.

(16) To carry out other duties assigned by the

Attorney General to accomplish the mission of the

Office.

(c) Competition Required.--Except as otherwise expressly

provided by law, all research and development carried out by or

through the Office shall be carried out on a competitive basis.

(d) Information From Federal Agencies.--Federal agencies

shall, upon request from the Office and in accordance with

Federal law, provide the Office with any data, reports, or

other information requested, unless compliance with such

request is otherwise prohibited by law.

(e) Publications.--Decisions concerning publications issued

by the Office shall rest solely with the Director of the

Office.

(f) Transfer of Funds.--The Office may transfer funds to

other Federal agencies or provide funding to non-Federal

entities through grants, cooperative agreements, or contracts

to carry out its duties under this section: Provided, That any

such transfer or provision of funding shall be carried out in

accordance with section 605 of Public Law 107-77.

(g) Annual Report.--The Director of the Office shall

include with the budget justification materials submitted to

Congress in support of the Department of Justice budget for

each fiscal year (as submitted with the budget of the President

under section 1105(a) of title 31, United States Code) a report

on the activities of the Office. Each such report shall include

the following:

(1) For the period of 5 fiscal years beginning with

the fiscal year for which the budget is submitted--

(A) the Director's assessment of the needs

of Federal, State, and local law enforcement

agencies for assistance with respect to law

enforcement technology and other matters

consistent with the mission of the Office; and

(B) a strategic plan for meeting such needs

of such law enforcement agencies.

(2) For the fiscal year preceding the fiscal year

for which such budget is submitted, a description of

the activities carried out by the Office and an

evaluation of the extent to which those activities

successfully meet the needs assessed under paragraph

(1)(A) in previous reports.

SEC. 233. [6 U.S.C. 163] DEFINITION OF LAW ENFORCEMENT TECHNOLOGY.

For the purposes of this title, the term ``law enforcement

technology'' includes investigative and forensic technologies,

corrections technologies, and technologies that support the

judicial process.

SEC. 234. [6 U.S.C. 164] ABOLISHMENT OF OFFICE OF SCIENCE AND

TECHNOLOGY OF NATIONAL INSTITUTE OF JUSTICE;

TRANSFER OF FUNCTIONS.

(a) Authority To Transfer Functions.--The Attorney General

may transfer to the Office any other program or activity of the

Department of Justice that the Attorney General, in

consultation with the Committee on the Judiciary of the Senate

and the Committee on the Judiciary of the House of

Representatives, determines to be consistent with the mission

of the Office.

(b) Transfer of Personnel and Assets.--With respect to any

function, power, or duty, or any program or activity, that is

established in the Office, those employees and assets of the

element of the Department of Justice from which the transfer is

made that the Attorney General determines are needed to perform

that function, power, or duty, or for that program or activity,

as the case may be, shall be transferred to the Office:

Provided, That any such transfer shall be carried out in

accordance with section 605 of Public Law 107-77.

(c) Report on Implementation.--Not later than 1 year after

the date of the enactment of this Act, the Attorney General

shall submit to the Committee on the Judiciary of the Senate

and the Committee on the Judiciary of the House of

Representatives a report on the implementation of this title.

The report shall--

(1) provide an accounting of the amounts and

sources of funding available to the Office to carry out

its mission under existing authorizations and

appropriations, and set forth the future funding needs

of the Office; and

(2) include such other information and

recommendations as the Attorney General considers

appropriate.

SEC. 235. [6 U.S.C. 165] NATIONAL LAW ENFORCEMENT AND CORRECTIONS

TECHNOLOGY CENTERS.

(a) In General.--The Director of the Office shall operate

and support National Law Enforcement and Corrections Technology

Centers (hereinafter in this section referred to as

``Centers'') and, to the extent necessary, establish new

centers through a merit-based, competitive process.

(b) Purpose of Centers.--The purpose of the Centers shall

be to--

(1) support research and development of law

enforcement technology;

(2) support the transfer and implementation of

technology;

(3) assist in the development and dissemination of

guidelines and technological standards; and

(4) provide technology assistance, information, and

support for law enforcement, corrections, and criminal

justice purposes.

(c) Annual Meeting.--Each year, the Director shall convene

a meeting of the Centers in order to foster collaboration and

communication between Center participants.

(d) Report.--Not later than 12 months after the date of the

enactment of this Act, the Director shall transmit to the

Congress a report assessing the effectiveness of the existing

system of Centers and identify the number of Centers necessary

to meet the technology needs of Federal, State, and local law

enforcement in the United States.

*       *       *       *       *       *       *

TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

SEC. 301. [6 U.S.C. 181] UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY.

There shall be in the Department a Directorate of Science

and Technology headed by an Under Secretary for Science and

Technology.

SEC. 302. [6 U.S.C. 182] RESPONSIBILITIES AND AUTHORITIES OF THE UNDER

SECRETARY FOR SCIENCE AND TECHNOLOGY.

The Secretary, acting through the Under Secretary for

Science and Technology, shall have the responsibility for--

(1) advising the Secretary regarding research and

development efforts and priorities in support of the

Department's missions;

(2) developing, in consultation with other

appropriate executive agencies, a national policy and

strategic plan for, identifying priorities, goals,

objectives and policies for, and coordinating the

Federal Government's civilian efforts to identify and

develop countermeasures to chemical, biological,, \1\

and other emerging terrorist threats, including the

development of comprehensive, research-based definable

goals for such efforts and development of annual

measurable objectives and specific targets to

accomplish and evaluate the goals for such efforts;

---------------------------------------------------------------------------

\1\ Two commas so in law. See section 501(b)(2)(A) of Public Law

109-347 (120 Stat. 1935).

---------------------------------------------------------------------------

(3) supporting the Under Secretary for Intelligence

and Analysis and the Assistant Secretary for

Infrastructure Protection, by assessing and testing

homeland security vulnerabilities and possible threats;

(4) conducting basic and applied research,

development, demonstration, testing, and evaluation

activities that are relevant to any or all elements of

the Department, through both intramural and extramural

programs, except that such responsibility does not

extend to human health-related research and development

activities;

(5) establishing priorities for, directing,

funding, and conducting national research, development,

test and evaluation, and procurement of technology and

systems for--

(A) preventing the importation of chemical,

biological,, \1\ and related weapons and

material; and

---------------------------------------------------------------------------

\1\ Two commas so in law. See section 501(b)(2)(B) of Public Law

109-347 (120 Stat. 1935).

---------------------------------------------------------------------------

(B) detecting, preventing, protecting

against, and responding to terrorist attacks;

(6) establishing a system for transferring homeland

security developments or technologies to Federal,

State, local government, and private sector entities;

(7) entering into work agreements, joint

sponsorships, contracts, or any other agreements with

the Department of Energy regarding the use of the

national laboratories or sites and support of the

science and technology base at those facilities;

(8) collaborating with the Secretary of Agriculture

and the Attorney General as provided in section 212 of

the Agricultural Bioterrorism Protection Act of 2002 (7

U.S.C. 8401), as amended by section 1709(b);

(9) collaborating with the Secretary of Health and

Human Services and the Attorney General in determining

any new biological agents and toxins that shall be

listed as ``select agents'' in Appendix A of part 72 of

title 42, Code of Federal Regulations, pursuant to

section 351A of the Public Health Service Act (42

U.S.C. 262a);

(10) supporting United States leadership in science

and technology;

(11) establishing and administering the primary

research and development activities of the Department,

including the long-term research and development needs

and capabilities for all elements of the Department;

(12) coordinating and integrating all research,

development, demonstration, testing, and evaluation

activities of the Department;

(13) coordinating with other appropriate executive

agencies in developing and carrying out the science and

technology agenda of the Department to reduce

duplication and identify unmet needs; and

(14) developing and overseeing the administration

of guidelines for merit review of research and

development projects throughout the Department, and for

the dissemination of research conducted or sponsored by

the Department.

SEC. 303. [6 U.S.C. 183] FUNCTIONS TRANSFERRED.

In accordance with title XV, there shall be transferred to

the Secretary the functions, personnel, assets, and liabilities

of the following entities:

(1) The following programs and activities of the

Department of Energy, including the functions of the

Secretary of Energy relating thereto (but not including

programs and activities relating to the strategic

nuclear defense posture of the United States):

(A) The chemical and biological national

security and supporting programs and activities

of the nonproliferation and verification

research and development program.

(B) The nuclear smuggling programs and

activities within the proliferation detection

program of the nonproliferation and

verification research and development program.

The programs and activities described in this

subparagraph may be designated by the President

either for transfer to the Department or for

joint operation by the Secretary and the

Secretary of Energy.

(C) The nuclear assessment program and

activities of the assessment, detection, and

cooperation program of the international

materials protection and cooperation program.

(D) Such life sciences activities of the

biological and environmental research program

related to microbial pathogens as may be

designated by the President for transfer to the

Department.

(E) The Environmental Measurements

Laboratory.

(F) The advanced scientific computing

research program and activities at Lawrence

Livermore National Laboratory.

(2) The National Bio-Weapons Defense Analysis

Center of the Department of Defense, including the

functions of the Secretary of Defense related thereto.

SEC. 304. [6 U.S.C. 184] CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED

ACTIVITIES.

(a) In General.--With respect to civilian human health-

related research and development activities relating to

countermeasures for chemical, biological, radiological, and

nuclear and other emerging terrorist threats carried out by the

Department of Health and Human Services (including the Public

Health Service), the Secretary of Health and Human Services

shall set priorities, goals, objectives, and policies and

develop a coordinated strategy for such activities in

collaboration with the Secretary of Homeland Security to ensure

consistency with the national policy and strategic plan

developed pursuant to section 302(2).

(b) Evaluation of Progress.--In carrying out subsection

(a), the Secretary of Health and Human Services shall

collaborate with the Secretary in developing specific

benchmarks and outcome measurements for evaluating progress

toward achieving the priorities and goals described in such

subsection.

*       *       *       *       *       *       *

SEC. 305. [6 U.S.C. 185] FEDERALLY FUNDED RESEARCH AND DEVELOPMENT

CENTERS.

The Secretary, acting through the Under Secretary for

Science and Technology, shall have the authority to establish

or contract with 1 or more federally funded research and

development centers to provide independent analysis of homeland

security issues, or to carry out other responsibilities under

this Act, including coordinating and integrating both the

extramural and intramural programs described in section 308.

SEC. 306. [6 U.S.C. 186] MISCELLANEOUS PROVISIONS.

(a) Classification.--To the greatest extent practicable,

research conducted or supported by the Department shall be

unclassified.

(b) Construction.--Nothing in this title shall be construed

to preclude any Under Secretary of the Department from carrying

out research, development, demonstration, or deployment

activities, as long as such activities are coordinated through

the Under Secretary for Science and Technology.

(c) Regulations.--The Secretary, acting through the Under

Secretary for Science and Technology, may issue necessary

regulations with respect to research, development,

demonstration, testing, and evaluation activities of the

Department, including the conducting, funding, and reviewing of

such activities.

(d) Notification of Presidential Life Sciences

Designations.--Not later than 60 days before effecting any

transfer of Department of Energy life sciences activities

pursuant to section 303(1)(D) of this Act, the President shall

notify the appropriate congressional committees of the proposed

transfer and shall include the reasons for the transfer and a

description of the effect of the transfer on the activities of

the Department of Energy.

SEC. 307. [6 U.S.C. 187] HOMELAND SECURITY ADVANCED RESEARCH PROJECTS

AGENCY.

(a) Definitions.--In this section:

(1) Fund.--The term ``Fund'' means the Acceleration

Fund for Research and Development of Homeland Security

Technologies established in subsection (c).

(2) Homeland security research.--The term

``homeland security research'' means research relevant

to the detection of, prevention of, protection against,

response to, attribution of, and recovery from homeland

security threats, particularly acts of terrorism.

(3) HSARPA.--The term ``HSARPA'' means the Homeland

Security Advanced Research Projects Agency established

in subsection (b).

(4) Under secretary.--The term ``Under Secretary''

means the Under Secretary for Science and Technology.

(b) Homeland Security Advanced Research Projects Agency.--

(1) Establishment.--There is established the

Homeland Security Advanced Research Projects Agency.

(2) Director.--HSARPA shall be headed by a

Director, who shall be appointed by the Secretary. The

Director shall report to the Under Secretary.

(3) Responsibilities.--The Director shall

administer the Fund to award competitive, merit-

reviewed grants, cooperative agreements or contracts to

public or private entities, including businesses,

federally funded research and development centers, and

universities. The Director shall administer the Fund

to--

(A) support basic and applied homeland

security research to promote revolutionary

changes in technologies that would promote

homeland security;

(B) advance the development, testing and

evaluation, and deployment of critical homeland

security technologies; and

(C) accelerate the prototyping and

deployment of technologies that would address

homeland security vulnerabilities.

(4) Targeted competitions.--The Director may

solicit proposals to address specific vulnerabilities

identified by the Director.

(5) Coordination.--The Director shall ensure that

the activities of HSARPA are coordinated with those of

other relevant research agencies, and may run projects

jointly with other agencies.

(6) Personnel.--In hiring personnel for HSARPA, the

Secretary shall have the hiring and management

authorities described in section 1101 of the Strom

Thurmond National Defense Authorization Act for Fiscal

Year 1999 (5 U.S.C. 3104 note; Public Law 105-261). The

term of appointments for employees under subsection

(c)(1) of that section may not exceed 5 years before

the granting of any extension under subsection (c)(2)

of that section.

(7) Demonstrations.--The Director, periodically,

shall hold homeland security technology demonstrations

to improve contact among technology developers, vendors

and acquisition personnel.

(c) Fund.--

(1) Establishment.--There is established the

Acceleration Fund for Research and Development of

Homeland Security Technologies, which shall be

administered by the Director of HSARPA.

(2) Authorization of appropriations.--There are

authorized to be appropriated $500,000,000 to the Fund

for fiscal year 2003 and such sums as may be necessary

thereafter.

(3) Coast guard.--Of the funds authorized to be

appropriated under paragraph (2), not less than 10

percent of such funds for each fiscal year through

fiscal year 2005 shall be authorized only for the Under

Secretary, through joint agreement with the Commandant

of the Coast Guard, to carry out research and

development of improved ports, waterways and coastal

security surveillance and perimeter protection

capabilities for the purpose of minimizing the

possibility that Coast Guard cutters, aircraft,

helicopters, and personnel will be diverted from non-

homeland security missions to the ports, waterways and

coastal security mission.

SEC. 308. [6 U.S.C. 188] CONDUCT OF RESEARCH, DEVELOPMENT,

DEMONSTRATION, TESTING AND EVALUATION.

(a) In General.--The Secretary, acting through the Under

Secretary for Science and Technology, shall carry out the

responsibilities under section 302(4) through both extramural

and intramural programs.

(b) Extramural Programs.--

(1) In general.--The Secretary, acting through the

Under Secretary for Science and Technology, shall

operate extramural research, development,

demonstration, testing, and evaluation programs so as

to--

(A) ensure that colleges, universities,

private research institutes, and companies (and

consortia thereof) from as many areas of the

United States as practicable participate;

(B) ensure that the research funded is of

high quality, as determined through merit

review processes developed under section

302(14); and

(C) distribute funds through grants,

cooperative agreements, and contracts.

(2) University-based centers for homeland

security.--

(A) Designation.--The Secretary, acting

through the Under Secretary for Science and

Technology, shall designate a university-based

center or several university-based centers for

homeland security. The purpose of the center or

these centers shall be to establish a

coordinated, university-based system to enhance

the Nation's homeland security.

(B) Criteria for designation.--Criteria for

the designation of colleges or universities as

a center for homeland security, shall include,

but are not limited to, demonstrated expertise

in--

(i) The training of first

responders.

(ii) Responding to incidents

involving weapons of mass destruction

and biological warfare.

(iii) Emergency and diagnostic

medical services.

(iv) Chemical, biological,

radiological, and nuclear

countermeasures or detection.

(v) Animal and plant health and

diagnostics.

(vi) Food safety.

(vii) Water and wastewater

operations.

(viii) Port and waterway security.

(ix) Multi-modal transportation.

(x) Information security and

information engineering.

(xi) Engineering.

(xii) Educational outreach and

technical assistance.

(xiii) Border transportation and

security.

(xiv) The public policy

implications and public dissemination

of homeland security related research

and development.

(C) Discretion of secretary.--To the extent

that exercising such discretion is in the

interest of homeland security, and with respect

to the designation of any given university-

based center for homeland security, the

Secretary may except certain criteria as

specified in section 308(b)(2)(B) and consider

additional criteria beyond those specified in

section 308(b)(2)(B). Upon designation of a

university-based center for homeland security,

the Secretary shall that day publish in the

Federal Register the criteria that were

excepted or added in the selection process and

the justification for the set of criteria that

were used for that designation.

(D) Report to congress.--The Secretary

shall report annually, from the date of

enactment, to Congress concerning the

implementation of this section. That report

shall indicate which center or centers have

been designated and how the designation or

designations enhance homeland security, as well

as report any decisions to revoke or modify

such designations.

(E) Authorization of appropriations.--There

are authorized to be appropriated such sums as

may be necessary to carry out this paragraph.

(c) Intramural Programs.--

(1) Consultation.--In carrying out the duties under

section 302, the Secretary, acting through the Under

Secretary for Science and Technology, may draw upon the

expertise of any laboratory of the Federal Government,

whether operated by a contractor or the Government.

(2) Laboratories.--The Secretary, acting through

the Under Secretary for Science and Technology, may

establish a headquarters laboratory for the Department

at any laboratory or site and may establish additional

laboratory units at other laboratories or sites.

(3) Criteria for headquarters laboratory.--If the

Secretary chooses to establish a headquarters

laboratory pursuant to paragraph (2), then the

Secretary shall do the following:

(A) Establish criteria for the selection of

the headquarters laboratory in consultation

with the National Academy of Sciences,

appropriate Federal agencies, and other

experts.

(B) Publish the criteria in the Federal

Register.

(C) Evaluate all appropriate laboratories

or sites against the criteria.

(D) Select a laboratory or site on the

basis of the criteria.

(E) Report to the appropriate congressional

committees on which laboratory was selected,

how the selected laboratory meets the published

criteria, and what duties the headquarters

laboratory shall perform.

(4) Limitation on operation of laboratories.--No

laboratory shall begin operating as the headquarters

laboratory of the Department until at least 30 days

after the transmittal of the report required by

paragraph (3)(E).

SEC. 309. [6 U.S.C. 189] UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL

LABORATORIES AND SITES IN SUPPORT OF HOMELAND

SECURITY ACTIVITIES.

(a) Authority to Utilize National Laboratories and Sites.--

(1) In general.--In carrying out the missions of

the Department, the Secretary may utilize the

Department of Energy national laboratories and sites

through any 1 or more of the following methods, as the

Secretary considers appropriate:

(A) A joint sponsorship arrangement

referred to in subsection (b).

(B) A direct contract between the

Department and the applicable Department of

Energy laboratory or site, subject to

subsection (c).

(C) Any ``work for others'' basis made

available by that laboratory or site.

(D) Any other method provided by law.

(2) Acceptance and Performance by Labs and Sites.--

Notwithstanding any other law governing the

administration, mission, use, or operations of any of

the Department of Energy national laboratories and

sites, such laboratories and sites are authorized to

accept and perform work for the Secretary, consistent

with resources provided, and perform such work on an

equal basis to other missions at the laboratory and not

on a noninterference basis with other missions of such

laboratory or site.

(b) Joint Sponsorship Arrangements.--

(1) Laboratories.--The Department may be a joint

sponsor, under a multiple agency sponsorship

arrangement with the Department of Energy, of 1 or more

Department of Energy national laboratories in the

performance of work.

(2) Sites.--The Department may be a joint sponsor

of a Department of Energy site in the performance of

work as if such site were a federally funded research

and development center and the work were performed

under a multiple agency sponsorship arrangement with

the Department.

(3) Primary sponsor.--The Department of Energy

shall be the primary sponsor under a multiple agency

sponsorship arrangement referred to in paragraph (1) or

(2).

(4) Lead agent.--The Secretary of Energy shall act

as the lead agent in coordinating the formation and

performance of a joint sponsorship arrangement under

this subsection between the Department and a Department

of Energy national laboratory or site.

(5) Federal acquisition regulation.--Any work

performed by a Department of Energy national laboratory

or site under a joint sponsorship arrangement under

this subsection shall comply with the policy on the use

of federally funded research and development centers

under the Federal Acquisition Regulations.

(6) Funding.--The Department shall provide funds

for work at the Department of Energy national

laboratories or sites, as the case may be, under a

joint sponsorship arrangement under this subsection

under the same terms and conditions as apply to the

primary sponsor of such national laboratory under

section 303(b)(1)(C) of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C.

253(b)(1)(C)) or of such site to the extent such

section applies to such site as a federally funded

research and development center by reason of this

subsection.

(c) Separate Contracting.--To the extent that programs or

activities transferred by this Act from the Department of

Energy to the Department of Homeland Security are being carried

out through direct contracts with the operator of a national

laboratory or site of the Department of Energy, the Secretary

of Homeland Security and the Secretary of Energy shall ensure

that direct contracts for such programs and activities between

the Department of Homeland Security and such operator are

separate from the direct contracts of the Department of Energy

with such operator.

(d) Authority With Respect to Cooperative Research and

Development Agreements and Licensing Agreements.--In connection

with any utilization of the Department of Energy national

laboratories and sites under this section, the Secretary may

permit the director of any such national laboratory or site to

enter into cooperative research and development agreements or

to negotiate licensing agreements with any person, any agency

or instrumentality, of the United States, any unit of State or

local government, and any other entity under the authority

granted by section 12 of the Stevenson-Wydler Technology

Innovation Act of 1980 (15 U.S.C. 3710a). Technology may be

transferred to a non-Federal party to such an agreement

consistent with the provisions of sections 11 and 12 of that

Act (15 U.S.C. 3710, 3710a).

(e) Reimbursement of Costs.--In the case of an activity

carried out by the operator of a Department of Energy national

laboratory or site in connection with any utilization of such

laboratory or site under this section, the Department of

Homeland Security shall reimburse the Department of Energy for

costs of such activity through a method under which the

Secretary of Energy waives any requirement for the Department

of Homeland Security to pay administrative charges or personnel

costs of the Department of Energy or its contractors in excess

of the amount that the Secretary of Energy pays for an activity

carried out by such contractor and paid for by the Department

of Energy.

(f) Laboratory Directed Research and Development by the

Department of Energy.--No funds authorized to be appropriated

or otherwise made available to the Department in any fiscal

year may be obligated or expended for laboratory directed

research and development activities carried out by the

Department of Energy unless such activities support the

missions of the Department of Homeland Security.

(g) Office for National Laboratories.--There is established

within the Directorate of Science and Technology an Office for

National Laboratories, which shall be responsible for the

coordination and utilization of the Department of Energy

national laboratories and sites under this section in a manner

to create a networked laboratory system for the purpose of

supporting the missions of the Department.

(h) Department of Energy Coordination on Homeland Security

Related Research.--The Secretary of Energy shall ensure that

any research, development, test, and evaluation activities

conducted within the Department of Energy that are directly or

indirectly related to homeland security are fully coordinated

with the Secretary to minimize duplication of effort and

maximize the effective application of Federal budget resources.

SEC. 310. [6 U.S.C. 190] TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER,

DEPARTMENT OF AGRICULTURE.

(a) In General.--In accordance with title XV, the Secretary

of Agriculture shall transfer to the Secretary of Homeland

Security the Plum Island Animal Disease Center of the

Department of Agriculture, including the assets and liabilities

of the Center.

(b) Continued Department of Agriculture Access.--On

completion of the transfer of the Plum Island Animal Disease

Center under subsection (a), the Secretary of Homeland Security

and the Secretary of Agriculture shall enter into an agreement

to ensure that the Department of Agriculture is able to carry

out research, diagnostic, and other activities of the

Department of Agriculture at the Center.

(c) Direction of Activities.--The Secretary of Agriculture

shall continue to direct the research, diagnostic, and other

activities of the Department of Agriculture at the Center

described in subsection (b).

(d) Notification.--

(1) In general.--At least 180 days before any

change in the biosafety level at the Plum Island Animal

Disease Center, the President shall notify Congress of

the change and describe the reasons for the change.

(2) Limitation.--No change described in paragraph

(1) may be made earlier than 180 days after the

completion of the transition period (as defined in

section 1501).

SEC. 311. [6 U.S.C. 191] HOMELAND SECURITY SCIENCE AND TECHNOLOGY

ADVISORY COMMITTEE.

(a) Establishment.--There is established within the

Department a Homeland Security Science and Technology Advisory

Committee (in this section referred to as the ``Advisory

Committee''). The Advisory Committee shall make recommendations

with respect to the activities of the Under Secretary for

Science and Technology, including identifying research areas of

potential importance to the security of the Nation.

(b) Membership.--

(1) Appointment.--The Advisory Committee shall

consist of 20 members appointed by the Under Secretary

for Science and Technology, which shall include

emergency first-responders or representatives of

organizations or associations of emergency first-

responders. The Advisory Committee shall also include

representatives of citizen groups, including

economically disadvantaged communities. The individuals

appointed as members of the Advisory Committee--

(A) shall be eminent in fields such as

emergency response, research, engineering, new

product development, business, and management

consulting;

(B) shall be selected solely on the basis

of established records of distinguished

service;

(C) shall not be employees of the Federal

Government; and

(D) shall be so selected as to provide

representation of a cross-section of the

research, development, demonstration, and

deployment activities supported by the Under

Secretary for Science and Technology.

(2) National research council.--The Under Secretary

for Science and Technology may enter into an

arrangement for the National Research Council to select

members of the Advisory Committee, but only if the

panel used by the National Research Council reflects

the representation described in paragraph (1).

(c) Terms of Office.--

(1) In general.--Except as otherwise provided in

this subsection, the term of office of each member of

the Advisory Committee shall be 3 years.

(2) Original appointments.--The original members of

the Advisory Committee shall be appointed to three

classes. One class of six shall have a term of 1 year,

one class of seven a term of 2 years, and one class of

seven a term of 3 years.

(3) Vacancies.--A member appointed to fill a

vacancy occurring before the expiration of the term for

which the member's predecessor was appointed shall be

appointed for the remainder of such term.

(d) Eligibility.--A person who has completed two

consecutive full terms of service on the Advisory Committee

shall thereafter be ineligible for appointment during the 1-

year period following the expiration of the second such term.

(e) Meetings.--The Advisory Committee shall meet at least

quarterly at the call of the Chair or whenever one-third of the

members so request in writing. Each member shall be given

appropriate notice of the call of each meeting, whenever

possible not less than 15 days before the meeting.

(f) Quorum.--A majority of the members of the Advisory

Committee not having a conflict of interest in the matter being

considered by the Advisory Committee shall constitute a quorum.

(g) Conflict of Interest Rules.--The Advisory Committee

shall establish rules for determining when 1 of its members has

a conflict of interest in a matter being considered by the

Advisory Committee.

(h) Reports.--

(1) Annual report.--The Advisory Committee shall

render an annual report to the Under Secretary for

Science and Technology for transmittal to Congress on

or before January 31 of each year. Such report shall

describe the activities and recommendations of the

Advisory Committee during the previous year.

(2) Additional reports.--The Advisory Committee may

render to the Under Secretary for transmittal to

Congress such additional reports on specific policy

matters as it considers appropriate.

(i) Federal Advisory Committee Act Exemption.--Section 14

of the Federal Advisory Committee Act shall not apply to the

Advisory Committee.

(j) Termination.--The Department of Homeland Security

Science and Technology Advisory Committee shall terminate on

December 31, 2008.

SEC. 312. [6 U.S.C. 192] HOMELAND SECURITY INSTITUTE.

(a) Establishment.--The Secretary shall establish a

federally funded research and development center to be known as

the ``Homeland Security Institute'' (in this section referred

to as the ``Institute'').

(b) Administration.--The Institute shall be administered as

a separate entity by the Secretary.

(c) Duties.--The duties of the Institute shall be

determined by the Secretary, and may include the following:

(1) Systems analysis, risk analysis, and simulation

and modeling to determine the vulnerabilities of the

Nation's critical infrastructures and the effectiveness

of the systems deployed to reduce those

vulnerabilities.

(2) Economic and policy analysis to assess the

distributed costs and benefits of alternative

approaches to enhancing security.

(3) Evaluation of the effectiveness of measures

deployed to enhance the security of institutions,

facilities, and infrastructure that may be terrorist

targets.

(4) Identification of instances when common

standards and protocols could improve the

interoperability and effective utilization of tools

developed for field operators and first responders.

(5) Assistance for Federal agencies and departments

in establishing testbeds to evaluate the effectiveness

of technologies under development and to assess the

appropriateness of such technologies for deployment.

(6) Design of metrics and use of those metrics to

evaluate the effectiveness of homeland security

programs throughout the Federal Government, including

all national laboratories.

(7) Design of and support for the conduct of

homeland security-related exercises and simulations.

(8) Creation of strategic technology development

plans to reduce vulnerabilities in the Nation's

critical infrastructure and key resources.

(d) Consultation on Institute Activities.--In carrying out

the duties described in subsection (c), the Institute shall

consult widely with representatives from private industry,

institutions of higher education, nonprofit institutions, other

Government agencies, and federally funded research and

development centers.

(e) Use of Centers.--The Institute shall utilize the

capabilities of the National Infrastructure Simulation and

Analysis Center.

(f) Annual Reports.--The Institute shall transmit to the

Secretary and Congress an annual report on the activities of

the Institute under this section.

(g) Termination.--The Homeland Security Institute shall

terminate 5 years after its establishment.

SEC. 313. [6 U.S.C. 193] TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND

SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND

SECURITY.

(a) Establishment of Program.--The Secretary, acting

through the Under Secretary for Science and Technology, shall

establish and promote a program to encourage technological

innovation in facilitating the mission of the Department (as

described in section 101).

(b) Elements of Program.--The program described in

subsection (a) shall include the following components:

(1) The establishment of a centralized Federal

clearinghouse for information relating to technologies

that would further the mission of the Department for

dissemination, as appropriate, to Federal, State, and

local government and private sector entities for

additional review, purchase, or use.

(2) The issuance of announcements seeking unique

and innovative technologies to advance the mission of

the Department.

(3) The establishment of a technical assistance

team to assist in screening, as appropriate, proposals

submitted to the Secretary (except as provided in

subsection (c)(2)) to assess the feasibility,

scientific and technical merits, and estimated cost of

such proposals, as appropriate.

(4) The provision of guidance, recommendations, and

technical assistance, as appropriate, to assist

Federal, State, and local government and private sector

efforts to evaluate and implement the use of

technologies described in paragraph (1) or (2).

(5) The provision of information for persons

seeking guidance on how to pursue proposals to develop

or deploy technologies that would enhance homeland

security, including information relating to Federal

funding, regulation, or acquisition.

(c) Miscellaneous Provisions.--

(1) In general.--Nothing in this section shall be

construed as authorizing the Secretary or the technical

assistance team established under subsection (b)(3) to

set standards for technology to be used by the

Department, any other executive agency, any State or

local government entity, or any private sector entity.

(2) Certain proposals.--The technical assistance

team established under subsection (b)(3) shall not

consider or evaluate proposals submitted in response to

a solicitation for offers for a pending procurement or

for a specific agency requirement.

(3) Coordination.--In carrying out this section,

the Secretary shall coordinate with the Technical

Support Working Group (organized under the April 1982

National Security Decision Directive Numbered 30).

SEC. 314. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

(a) Clarification of Responsibilities.--The Director of the

Office for Interoperability and Compatibility shall--

(1) assist the Secretary in developing and

implementing the science and technology aspects of the

program described in subparagraphs (D), (E), (F), and

(G) of section 7303(a)(1) of the Intelligence Reform

and Terrorism Prevention Act of 2004 (6 U.S.C.

194(a)(1));

(2) in coordination with the Federal Communications

Commission, the National Institute of Standards and

Technology, and other Federal departments and agencies

with responsibility for standards, support the creation

of national voluntary consensus standards for

interoperable emergency communications;

(3) establish a comprehensive research,

development, testing, and evaluation program for

improving interoperable emergency communications;

(4) establish, in coordination with the Director

for Emergency Communications, requirements for

interoperable emergency communications capabilities,

which shall be nonproprietary where standards for such

capabilities exist, for all public safety radio and

data communications systems and equipment purchased

using homeland security assistance administered by the

Department, excluding any alert and warning device,

technology, or system;

(5) carry out the Department's responsibilities and

authorities relating to research, development, testing,

evaluation, or standards-related elements of the

SAFECOM Program;

(6) evaluate and assess new technology in real-

world environments to achieve interoperable emergency

communications capabilities;

(7) encourage more efficient use of existing

resources, including equipment, to achieve

interoperable emergency communications capabilities;

(8) test public safety communications systems that

are less prone to failure, support new nonvoice

services, use spectrum more efficiently, and cost less

than existing systems;

(9) coordinate with the private sector to develop

solutions to improve emergency communications

capabilities and achieve interoperable emergency

communications capabilities; and

(10) conduct pilot projects, in coordination with

the Director for Emergency Communications, to test and

demonstrate technologies, including data and video,

that enhance--

(A) the ability of emergency response

providers and relevant government officials to

continue to communicate in the event of natural

disasters, acts of terrorism, and other man-

made disasters; and

(B) interoperable emergency communications

capabilities.

(b) Coordination.--The Director of the Office for

Interoperability and Compatibility shall coordinate with the

Director for Emergency Communications with respect to the

SAFECOM program.

(c) Sufficiency of Resources.--The Secretary shall provide

the Office for Interoperability and Compatibility the resources

and staff necessary to carry out the responsibilities under

this section.

SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND

DEVELOPMENT.

(a) In General.--The Under Secretary for Science and

Technology, acting through the Director of the Office for

Interoperability and Compatibility, shall establish a

comprehensive research and development program to support and

promote--

(1) the ability of emergency response providers and

relevant government officials to continue to

communicate in the event of natural disasters, acts of

terrorism, and other man-made disasters; and

(2) interoperable emergency communications

capabilities among emergency response providers and

relevant government officials, including by--

(A) supporting research on a competitive

basis, including through the Directorate of

Science and Technology and Homeland Security

Advanced Research Projects Agency; and

(B) considering the establishment of a

Center of Excellence under the Department of

Homeland Security Centers of Excellence Program

focused on improving emergency response

providers' communication capabilities.

(b) Purposes.--The purposes of the program established

under subsection (a) include--

(1) supporting research, development, testing, and

evaluation on emergency communication capabilities;

(2) understanding the strengths and weaknesses of

the public safety communications systems in use;

(3) examining how current and emerging technology

can make emergency response providers more effective,

and how Federal, State, local, and tribal government

agencies can use this technology in a coherent and

cost-effective manner;

(4) investigating technologies that could lead to

long-term advancements in emergency communications

capabilities and supporting research on advanced

technologies and potential systemic changes to

dramatically improve emergency communications; and

(5) evaluating and validating advanced technology

concepts, and facilitating the development and

deployment of interoperable emergency communication

capabilities.

(c) Definitions.--For purposes of this section, the term

``interoperable'', with respect to emergency communications,

has the meaning given the term in section 1808.

SEC. 316. [6 U.S.C. 195B] NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

(a) Establishment.--The Secretary shall establish, operate,

and maintain a National Biosurveillance Integration Center

(referred to in this section as the ``NBIC''), which shall be

headed by a Directing Officer, under an office or directorate

of the Department that is in existence as of the date of the

enactment of this section.

(b) Primary Mission.--The primary mission of the NBIC is

to--

(1) enhance the capability of the Federal

Government to--

(A) rapidly identify, characterize,

localize, and track a biological event of

national concern by integrating and analyzing

data relating to human health, animal, plant,

food, and environmental monitoring systems

(both national and international); and

(B) disseminate alerts and other

information to Member Agencies and, in

coordination with (and where possible through)

Member Agencies, to agencies of State, local,

and tribal governments, as appropriate, to

enhance the ability of such agencies to respond

to a biological event of national concern; and

(2) oversee development and operation of the

National Biosurveillance Integration System.

(c) Requirements.--The NBIC shall detect, as early as

possible, a biological event of national concern that presents

a risk to the United States or the infrastructure or key assets

of the United States, including by--

(1) consolidating data from all relevant

surveillance systems maintained by Member Agencies to

detect biological events of national concern across

human, animal, and plant species;

(2) seeking private sources of surveillance, both

foreign and domestic, when such sources would enhance

coverage of critical surveillance gaps;

(3) using an information technology system that

uses the best available statistical and other

analytical tools to identify and characterize

biological events of national concern in as close to

real-time as is practicable;

(4) providing the infrastructure for such

integration, including information technology systems

and space, and support for personnel from Member

Agencies with sufficient expertise to enable analysis

and interpretation of data;

(5) working with Member Agencies to create

information technology systems that use the minimum

amount of patient data necessary and consider patient

confidentiality and privacy issues at all stages of

development and apprise the Privacy Officer of such

efforts; and

(6) alerting Member Agencies and, in coordination

with (and where possible through) Member Agencies,

public health agencies of State, local, and tribal

governments regarding any incident that could develop

into a biological event of national concern.

(d) Responsibilities of the Directing Officer of the

NBIC.--

(1) In general.--The Directing Officer of the NBIC

shall--

(A) on an ongoing basis, monitor the

availability and appropriateness of

surveillance systems used by the NBIC and those

systems that could enhance biological

situational awareness or the overall

performance of the NBIC;

(B) on an ongoing basis, review and seek to

improve the statistical and other analytical

methods used by the NBIC;

(C) receive and consider other relevant

homeland security information, as appropriate;

and

(D) provide technical assistance, as

appropriate, to all Federal, regional, State,

local, and tribal government entities and

private sector entities that contribute data

relevant to the operation of the NBIC.

(2) Assessments.--The Directing Officer of the NBIC

shall--

(A) on an ongoing basis, evaluate available

data for evidence of a biological event of

national concern; and

(B) integrate homeland security information

with NBIC data to provide overall situational

awareness and determine whether a biological

event of national concern has occurred.

(3) Information sharing.--

(A) In general.--The Directing Officer of

the NBIC shall--

(i) establish a method of real-time

communication with the National

Operations Center;

(ii) in the event that a biological

event of national concern is detected,

notify the Secretary and disseminate

results of NBIC assessments relating to

that biological event of national

concern to appropriate Federal response

entities and, in coordination with

relevant Member Agencies, regional,

State, local, and tribal governmental

response entities in a timely manner;

(iii) provide any report on NBIC

assessments to Member Agencies and, in

coordination with relevant Member

Agencies, any affected regional, State,

local, or tribal government, and any

private sector entity considered

appropriate that may enhance the

mission of such Member Agencies,

governments, or entities or the ability

of the Nation to respond to biological

events of national concern; and

(iv) share NBIC incident or

situational awareness reports, and

other relevant information, consistent

with the information sharing

environment established under section

1016 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (6

U.S.C. 485) and any policies,

guidelines, procedures, instructions,

or standards established under that

section.

(B) Consultation.--The Directing Officer of

the NBIC shall implement the activities

described in subparagraph (A) consistent with

the policies, guidelines, procedures,

instructions, or standards established under

section 1016 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (6 U.S.C. 485)

and in consultation with the Director of

National Intelligence, the Under Secretary for

Intelligence and Analysis, and other offices or

agencies of the Federal Government, as

appropriate.

(e) Responsibilities of the NBIC Member Agencies.--

(1) In general.--Each Member Agency shall--

(A) use its best efforts to integrate

biosurveillance information into the NBIC, with

the goal of promoting information sharing

between Federal, State, local, and tribal

governments to detect biological events of

national concern;

(B) provide timely information to assist

the NBIC in maintaining biological situational

awareness for accurate detection and response

purposes;

(C) enable the NBIC to receive and use

biosurveillance information from member

agencies to carry out its requirements under

subsection (c);

(D) connect the biosurveillance data

systems of that Member Agency to the NBIC data

system under mutually agreed protocols that are

consistent with subsection (c)(5);

(E) participate in the formation of

strategy and policy for the operation of the

NBIC and its information sharing;

(F) provide personnel to the NBIC under an

interagency personnel agreement and consider

the qualifications of such personnel necessary

to provide human, animal, and environmental

data analysis and interpretation support to the

NBIC; and

(G) retain responsibility for the

surveillance and intelligence systems of that

department or agency, if applicable.

(f) Administrative Authorities.--

(1) Hiring of experts.--The Directing Officer of

the NBIC shall hire individuals with the necessary

expertise to develop and operate the NBIC.

(2) Detail of personnel.--Upon the request of the

Directing Officer of the NBIC, the head of any Federal

department or agency may detail, on a reimbursable

basis, any of the personnel of that department or

agency to the Department to assist the NBIC in carrying

out this section.

(g) NBIC Interagency Working Group.--The Directing Officer

of the NBIC shall--

(1) establish an interagency working group to

facilitate interagency cooperation and to advise the

Directing Officer of the NBIC regarding recommendations

to enhance the biosurveillance capabilities of the

Department; and

(2) invite Member Agencies to serve on that working

group.

(h) Relationship to Other Departments and Agencies.--The

authority of the Directing Officer of the NBIC under this

section shall not affect any authority or responsibility of any

other department or agency of the Federal Government with

respect to biosurveillance activities under any program

administered by that department or agency.

(i) Authorization of Appropriations.--There are authorized

to be appropriated such sums as are necessary to carry out this

section.

(j) Definitions.--In this section:

(1) The terms ``biological agent'' and ``toxin''

have the meanings given those terms in section 178 of

title 18, United States Code.

(2) The term ``biological event of national

concern'' means--

(A) an act of terrorism involving a

biological agent or toxin; or

(B) a naturally occurring outbreak of an

infectious disease that may result in a

national epidemic.

(3) The term ``homeland security information'' has

the meaning given that term in section 892.

(4) The term ``Member Agency'' means any Federal

department or agency that, at the discretion of the

head of that department or agency, has entered a

memorandum of understanding regarding participation in

the NBIC.

(5) The term ``Privacy Officer'' means the Privacy

Officer appointed under section 222.

SEC. 317. [6 U.S.C. 195C] PROMOTING ANTITERRORISM THROUGH INTERNATIONAL

COOPERATION PROGRAM.

(a) Definitions.--In this section:

(1) Director.--The term ``Director'' means the

Director selected under subsection (b)(2).

(2) International cooperative activity.--The term

``international cooperative activity'' includes--

(A) coordinated research projects, joint

research projects, or joint ventures;

(B) joint studies or technical

demonstrations;

(C) coordinated field exercises, scientific

seminars, conferences, symposia, and workshops;

(D) training of scientists and engineers;

(E) visits and exchanges of scientists,

engineers, or other appropriate personnel;

(F) exchanges or sharing of scientific and

technological information; and

(G) joint use of laboratory facilities and

equipment.

(b) Science and Technology Homeland Security International

Cooperative Programs Office.--

(1) Establishment.--The Under Secretary shall

establish the Science and Technology Homeland Security

International Cooperative Programs Office.

(2) Director.--The Office shall be headed by a

Director, who--

(A) shall be selected, in consultation with

the Assistant Secretary for International

Affairs, by and shall report to the Under

Secretary; and

(B) may be an officer of the Department

serving in another position.

(3) Responsibilities.--

(A) Development of mechanisms.--The

Director shall be responsible for developing,

in coordination with the Department of State

and, as appropriate, the Department of Defense,

the Department of Energy, and other Federal

agencies, understandings and agreements to

allow and to support international cooperative

activity in support of homeland security.

(B) Priorities.--The Director shall be

responsible for developing, in coordination

with the Office of International Affairs and

other Federal agencies, strategic priorities

for international cooperative activity for the

Department in support of homeland security.

(C) Activities.--The Director shall

facilitate the planning, development, and

implementation of international cooperative

activity to address the strategic priorities

developed under subparagraph (B) through

mechanisms the Under Secretary considers

appropriate, including grants, cooperative

agreements, or contracts to or with foreign

public or private entities, governmental

organizations, businesses (including small

businesses and socially and economically

disadvantaged small businesses (as those terms

are defined in sections 3 and 8 of the Small

Business Act (15 U.S.C. 632 and 637),

respectively)), federally funded research and

development centers, and universities.

(D) Identification of partners.--The

Director shall facilitate the matching of

United States entities engaged in homeland

security research with non-United States

entities engaged in homeland security research

so that they may partner in homeland security

research activities.

(4) Coordination.--The Director shall ensure that

the activities under this subsection are coordinated

with the Office of International Affairs and the

Department of State and, as appropriate, the Department

of Defense, the Department of Energy, and other

relevant Federal agencies or interagency bodies. The

Director may enter into joint activities with other

Federal agencies.

(c) Matching Funding.--

(1) In general.--

(A) Equitability.--The Director shall

ensure that funding and resources expended in

international cooperative activity will be

equitably matched by the foreign partner

government or other entity through direct

funding, funding of complementary activities,

or the provision of staff, facilities,

material, or equipment.

(B) Grant matching and repayment.--

(i) In general.--The Secretary may

require a recipient of a grant under

this section--

(I) to make a matching

contribution of not more than

50 percent of the total cost of

the proposed project for which

the grant is awarded; and

(II) to repay to the

Secretary the amount of the

grant (or a portion thereof),

interest on such amount at an

appropriate rate, and such

charges for administration of

the grant as the Secretary

determines appropriate.

(ii) Maximum amount.--The Secretary

may not require that repayment under

clause (i)(II) be more than 150 percent

of the amount of the grant, adjusted

for inflation on the basis of the

Consumer Price Index.

(2) Foreign partners.--Partners may include Israel,

the United Kingdom, Canada, Australia, Singapore, and

other allies in the global war on terrorism as

determined to be appropriate by the Secretary of

Homeland Security and the Secretary of State.

(3) Loans of equipment.--The Director may make or

accept loans of equipment for research and development

and comparative testing purposes.

(d) Foreign Reimbursements.--If the Science and Technology

Homeland Security International Cooperative Programs Office

participates in an international cooperative activity with a

foreign partner on a cost-sharing basis, any reimbursements or

contributions received from that foreign partner to meet its

share of the project may be credited to appropriate current

appropriations accounts of the Directorate of Science and

Technology.

(e) Report to Congress on International Cooperative

Activities.--Not later than one year after the date of

enactment of this section, and every 5 years thereafter, the

Under Secretary, acting through the Director, shall submit to

Congress a report containing--

(1) a brief description of each grant, cooperative

agreement, or contract made or entered into under

subsection (b)(3)(C), including the participants,

goals, and amount and sources of funding; and

(2) a list of international cooperative activities

underway, including the participants, goals, expected

duration, and amount and sources of funding, including

resources provided to support the activities in lieu of

direct funding.

(f) Animal and Zoonotic Diseases.--As part of the

international cooperative activities authorized in this

section, the Under Secretary, in coordination with the Chief

Medical Officer, the Department of State, and appropriate

officials of the Department of Agriculture, the Department of

Defense, and the Department of Health and Human Services, may

enter into cooperative activities with foreign countries,

including African nations, to strengthen American preparedness

against foreign animal and zoonotic diseases overseas that

could harm the Nation's agricultural and public health sectors

if they were to reach the United States.

(g) Construction; Authorities of the Secretary of State.--

Nothing in this section shall be construed to alter or affect

the following provisions of law:

(1) Title V of the Foreign Relations Authorization

Act, Fiscal Year 1979 (22 U.S.C. 2656a et seq.).

(2) Section 112b(c) of title 1, United States Code.

(3) Section 1(e)(2) of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).

(4) Sections 2 and 27 of the Arms Export Control

Act (22 U.S.C. 2752 and 22 U.S.C. 2767).

(5) Section 622(c) of the Foreign Assistance Act of

1961 (22 U.S.C. 2382(c)).

(h) Authorization of Appropriations.--There are authorized

to be appropriated to carry out this section such sums as are

necessary.

TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

Subtitle A--Under Secretary for Border and Transportation Security

SEC. 401. [6 U.S.C. 201] UNDER SECRETARY FOR BORDER AND TRANSPORTATION

SECURITY.

There shall be in the Department a Directorate of Border

and Transportation Security headed by an Under Secretary for

Border and Transportation Security.

SEC. 402. [6 U.S.C. 202] RESPONSIBILITIES.

The Secretary, acting through the Under Secretary for

Border and Transportation Security, shall be responsible for

the following:

(1) Preventing the entry of terrorists and the

instruments of terrorism into the United States.

(2) Securing the borders, territorial waters,

ports, terminals, waterways, and air, land, and sea

transportation systems of the United States, including

managing and coordinating those functions transferred

to the Department at ports of entry.

(3) Carrying out the immigration enforcement

functions vested by statute in, or performed by, the

Commissioner of Immigration and Naturalization (or any

officer, employee, or component of the Immigration and

Naturalization Service) immediately before the date on

which the transfer of functions specified under section

441 takes effect.

(4) Establishing and administering rules, in

accordance with section 428, governing the granting of

visas or other forms of permission, including parole,

to enter the United States to individuals who are not a

citizen or an alien lawfully admitted for permanent

residence in the United States.

(5) Establishing national immigration enforcement

policies and priorities.

(6) Except as provided in subtitle C, administering

the customs laws of the United States.

(7) Conducting the inspection and related

administrative functions of the Department of

Agriculture transferred to the Secretary of Homeland

Security under section 421.

(8) In carrying out the foregoing responsibilities,

ensuring the speedy, orderly, and efficient flow of

lawful traffic and commerce.

SEC. 403. [6 U.S.C. 203] FUNCTIONS TRANSFERRED.

In accordance with title XV (relating to transition

provisions), there shall be transferred to the Secretary the

functions, personnel, assets, and liabilities of--

(1) the United States Customs Service of the

Department of the Treasury, including the functions of

the Secretary of the Treasury relating thereto;

(2) the Transportation Security Administration of

the Department of Transportation, including the

functions of the Secretary of Transportation, and of

the Under Secretary of Transportation for Security,

relating thereto;

(3) the Federal Protective Service of the General

Services Administration, including the functions of the

Administrator of General Services relating thereto;

(4) the Federal Law Enforcement Training Center of

the Department of the Treasury; and

(5) the Office for Domestic Preparedness of the

Office of Justice Programs, including the functions of

the Attorney General relating thereto.

Subtitle B--United States Customs Service

SEC. 411. [6 U.S.C. 211] ESTABLISHMENT; COMMISSIONER OF CUSTOMS.

(a) Establishment.--There is established in the Department

the United States Customs Service, under the authority of the

Under Secretary for Border and Transportation Security, which

shall be vested with those functions including, but not limited

to those set forth in section 415(7), and the personnel,

assets, and liabilities attributable to those functions.

(b) Commissioner of Customs.--

(1) In general.--There shall be at the head of the

Customs Service a Commissioner of Customs, who shall be

appointed by the President, by and with the advice and

consent of the Senate.

*       *       *       *       *       *       *

(3) Continuation in office.--The individual serving

as the Commissioner of Customs on the day before the

effective date of this Act may serve as the

Commissioner of Customs on and after such effective

date until a Commissioner of Customs is appointed under

paragraph (1).

SEC. 412. [6 U.S.C. 212] RETENTION OF CUSTOMS REVENUE FUNCTIONS BY

SECRETARY OF THE TREASURY.

(a) Retention of Customs Revenue Functions by Secretary of

the Treasury.--

(1) Retention of authority.--Notwithstanding

section 403(a)(1), authority related to Customs revenue

functions that was vested in the Secretary of the

Treasury by law before the effective date of this Act

under those provisions of law set forth in paragraph

(2) shall not be transferred to the Secretary by reason

of this Act, and on and after the effective date of

this Act, the Secretary of the Treasury may delegate

any such authority to the Secretary at the discretion

of the Secretary of the Treasury. The Secretary of the

Treasury shall consult with the Secretary regarding the

exercise of any such authority not delegated to the

Secretary.

(2) Statutes.--The provisions of law referred to in

paragraph (1) are the following: the Tariff Act of

1930; section 249 of the Revised Statutes of the United

States (19 U.S.C. 3); section 2 of the Act of March 4,

1923 (19 U.S.C. 6); section 13031 of the Consolidated

Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.

58c); section 251 of the Revised Statutes of the United

States (19 U.S.C. 66); section 1 of the Act of June 26,

1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19

U.S.C. 81a et seq.); section 1 of the Act of March 2,

1911 (19 U.S.C. 198); the Trade Act of 1974; the Trade

Agreements Act of 1979; the North American Free Trade

Area Implementation Act; the Uruguay Round Agreements

Act; the Caribbean Basin Economic Recovery Act; the

Andean Trade Preference Act; the African Growth and

Opportunity Act; and any other provision of law vesting

customs revenue functions in the Secretary of the

Treasury.

(b) Maintenance of Customs Revenue Functions.--

(1) Maintenance of functions.--Notwithstanding any

other provision of this Act, the Secretary may not

consolidate, discontinue, or diminish those functions

described in paragraph (2) performed by the United

States Customs Service (as established under section

411) on or after the effective date of this Act, reduce

the staffing level, or reduce the resources

attributable to such functions, and the Secretary shall

ensure that an appropriate management structure is

implemented to carry out such functions.

(2) Functions.--The functions referred to in

paragraph (1) are those functions performed by the

following personnel, and associated support staff, of

the United States Customs Service on the day before the

effective date of this Act: Import Specialists, Entry

Specialists, Drawback Specialists, National Import

Specialist, Fines and Penalties Specialists, attorneys

of the Office of Regulations and Rulings, Customs

Auditors, International Trade Specialists, Financial

Systems Specialists.

(c) New Personnel.--The Secretary of the Treasury is

authorized to appoint up to 20 new personnel to work with

personnel of the Department in performing customs revenue

functions.

SEC. 413. [6 U.S.C. 213] PRESERVATION OF CUSTOMS FUNDS.

Notwithstanding any other provision of this Act, no funds

available to the United States Customs Service or collected

under paragraphs (1) through (8) of section 13031(a) of the

Consolidated Omnibus Budget Reconciliation Act of 1985 may be

transferred for use by any other agency or office in the

Department.

SEC. 414. [6 U.S.C. 214] SEPARATE BUDGET REQUEST FOR CUSTOMS.

The President shall include in each budget transmitted to

Congress under section 1105 of title 31, United States Code, a

separate budget request for the United States Customs Service.

SEC. 415. [6 U.S.C. 215] DEFINITION.

In this subtitle, the term ``customs revenue function''

means the following:

(1) Assessing and collecting customs duties

(including antidumping and countervailing duties and

duties imposed under safeguard provisions), excise

taxes, fees, and penalties due on imported merchandise,

including classifying and valuing merchandise for

purposes of such assessment.

(2) Processing and denial of entry of persons,

baggage, cargo, and mail, with respect to the

assessment and collection of import duties.

(3) Detecting and apprehending persons engaged in

fraudulent practices designed to circumvent the customs

laws of the United States.

(4) Enforcing section 337 of the Tariff Act of 1930

and provisions relating to import quotas and the

marking of imported merchandise, and providing Customs

Recordations for copyrights, patents, and trademarks.

(5) Collecting accurate import data for compilation

of international trade statistics.

(6) Enforcing reciprocal trade agreements.

(7) Functions performed by the following personnel,

and associated support staff, of the United States

Customs Service on the day before the effective date of

this Act: Import Specialists, Entry Specialists,

Drawback Specialists, National Import Specialist, Fines

and Penalties Specialists, attorneys of the Office of

Regulations and Rulings, Customs Auditors,

International Trade Specialists, Financial Systems

Specialists.

(8) Functions performed by the following offices,

with respect to any function described in any of

paragraphs (1) through (7), and associated support

staff, of the United States Customs Service on the day

before the effective date of this Act: the Office of

Information and Technology, the Office of Laboratory

Services, the Office of the Chief Counsel, the Office

of Congressional Affairs, the Office of International

Affairs, and the Office of Training and Development.

SEC. 416. [6 U.S.C. 216] GAO REPORT TO CONGRESS.

Not later than 3 months after the effective date of this

Act, the Comptroller General of the United States shall submit

to Congress a report that sets forth all trade functions

performed by the executive branch, specifying each agency that

performs each such function.

SEC. 417. [6 U.S.C. 217] ALLOCATION OF RESOURCES BY THE SECRETARY.

(a) In General.--The Secretary shall ensure that adequate

staffing is provided to assure that levels of customs revenue

services provided on the day before the effective date of this

Act shall continue to be provided.

(b) Notification of Congress.--The Secretary shall notify

the Committee on Ways and Means of the House of Representatives

and the Committee on Finance of the Senate at least 90 days

prior to taking any action which would--

(1) result in any significant reduction in customs

revenue services, including hours of operation,

provided at any office within the Department or any

port of entry;

(2) eliminate or relocate any office of the

Department which provides customs revenue services; or

(3) eliminate any port of entry.

(c) Definition.--In this section, the term ``customs

revenue services'' means those customs revenue functions

described in paragraphs (1) through (6) and paragraph (8) of

section 415.

SEC. 418. [6 U.S.C. 218] REPORTS TO CONGRESS.

(a) Continuing Reports.--The United States Customs Service

shall, on and after the effective date of this Act, continue to

submit to the Committee on Ways and Means of the House of

Representatives and the Committee on Finance of the Senate any

report required, on the day before such the effective date of

this Act, to be so submitted under any provision of law.

(b) Report on Conforming Amendments.--Not later than 60

days after the date of enactment of this Act, the Secretary of

the Treasury shall submit a report to the Committee on Finance

of the Senate and the Committee on Ways and Means of the House

of Representatives of proposed conforming amendments to the

statutes set forth under section 412(a)(2) in order to

determine the appropriate allocation of legal authorities

described under this subsection. The Secretary of the Treasury

shall also identify those authorities vested in the Secretary

of the Treasury that are exercised by the Commissioner of

Customs on or before the effective date of this section.

*       *       *       *       *       *       *

Subtitle C--Miscellaneous Provisions

SEC. 421. [6 U.S.C. 231] TRANSFER OF CERTAIN AGRICULTURAL INSPECTION

FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE.

(a) Transfer of Agricultural Import and Entry Inspection

Functions.--There shall be transferred to the Secretary the

functions of the Secretary of Agriculture relating to

agricultural import and entry inspection activities under the

laws specified in subsection (b).

(b) Covered Animal and Plant Protection Laws.--The laws

referred to in subsection (a) are the following:

(1) The Act commonly known as the Virus-Serum-Toxin

Act (the eighth paragraph under the heading ``Bureau of

Animal Industry'' in the Act of March 4, 1913; 21

U.S.C. 151 et seq.).

(2) Section 1 of the Act of August 31, 1922

(commonly known as the Honeybee Act; 7 U.S.C. 281).

(3) Title III of the Federal Seed Act (7 U.S.C.

1581 et seq.).

(4) The Plant Protection Act (7 U.S.C. 7701 et

seq.).

(5) The Animal Health Protection Act (subtitle E of

title X of Public Law 107-171; 7 U.S.C. 8301 et seq.).

(6) The Lacey Act Amendments of 1981 (16 U.S.C.

3371 et seq.).

(7) Section 11 of the Endangered Species Act of

1973 (16 U.S.C. 1540).

(c) Exclusion of Quarantine Activities.--For purposes of

this section, the term ``functions'' does not include any

quarantine activities carried out under the laws specified in

subsection (b).

(d) Effect of Transfer.--

(1) Compliance with department of agriculture

regulations.--The authority transferred pursuant to

subsection (a) shall be exercised by the Secretary in

accordance with the regulations, policies, and

procedures issued by the Secretary of Agriculture

regarding the administration of the laws specified in

subsection (b).

(2) Rulemaking coordination.--The Secretary of

Agriculture shall coordinate with the Secretary

whenever the Secretary of Agriculture prescribes

regulations, policies, or procedures for administering

the functions transferred under subsection (a) under a

law specified in subsection (b).

(3) Effective administration.--The Secretary, in

consultation with the Secretary of Agriculture, may

issue such directives and guidelines as are necessary

to ensure the effective use of personnel of the

Department of Homeland Security to carry out the

functions transferred pursuant to subsection (a).

(e) Transfer Agreement.--

(1) Agreement required; revision.--Before the end

of the transition period, as defined in section 1501,

the Secretary of Agriculture and the Secretary shall

enter into an agreement to effectuate the transfer of

functions required by subsection (a). The Secretary of

Agriculture and the Secretary may jointly revise the

agreement as necessary thereafter.

(2) Required terms.--The agreement required by this

subsection shall specifically address the following:

(A) The supervision by the Secretary of

Agriculture of the training of employees of the

Secretary to carry out the functions

transferred pursuant to subsection (a).

(B) The transfer of funds to the Secretary

under subsection (f).

(3) Cooperation and reciprocity.--The Secretary of

Agriculture and the Secretary may include as part of

the agreement the following:

(A) Authority for the Secretary to perform

functions delegated to the Animal and Plant

Health Inspection Service of the Department of

Agriculture regarding the protection of

domestic livestock and plants, but not

transferred to the Secretary pursuant to

subsection (a).

(B) Authority for the Secretary of

Agriculture to use employees of the Department

of Homeland Security to carry out authorities

delegated to the Animal and Plant Health

Inspection Service regarding the protection of

domestic livestock and plants.

(f) Periodic Transfer of Funds to Department of Homeland

Security.--

(1) Transfer of funds.--Out of funds collected by

fees authorized under sections 2508 and 2509 of the

Food, Agriculture, Conservation, and Trade Act of 1990

(21 U.S.C. 136, 136a), the Secretary of Agriculture

shall transfer, from time to time in accordance with

the agreement under subsection (e), to the Secretary

funds for activities carried out by the Secretary for

which such fees were collected.

(2) Limitation.--The proportion of fees collected

pursuant to such sections that are transferred to the

Secretary under this subsection may not exceed the

proportion of the costs incurred by the Secretary to

all costs incurred to carry out activities funded by

such fees.

(g) Transfer of Department of Agriculture Employees.--Not

later than the completion of the transition period defined

under section 1501, the Secretary of Agriculture shall transfer

to the Secretary not more than 3,200 full-time equivalent

positions of the Department of Agriculture.

*       *       *       *       *       *       *

SEC. 422. [6 U.S.C. 232] FUNCTIONS OF ADMINISTRATOR OF GENERAL

SERVICES.

(a) Operation, Maintenance, and Protection of Federal

Buildings and Grounds.--Nothing in this Act may be construed to

affect the functions or authorities of the Administrator of

General Services with respect to the operation, maintenance,

and protection of buildings and grounds owned or occupied by

the Federal Government and under the jurisdiction, custody, or

control of the Administrator. Except for the law enforcement

and related security functions transferred under section

403(3), the Administrator shall retain all powers, functions,

and authorities vested in the Administrator under chapter 10 of

title 40, United States Code, and other provisions of law that

are necessary for the operation, maintenance, and protection of

such buildings and grounds.

(b) Collection of Rents and Fees; Federal Buildings Fund.--

(1) Statutory construction.--Nothing in this Act

may be construed--

(A) to direct the transfer of, or affect,

the authority of the Administrator of General

Services to collect rents and fees, including

fees collected for protective services; or

(B) to authorize the Secretary or any other

official in the Department to obligate amounts

in the Federal Buildings Fund established by

section 490(f) of title 40, United States Code.

(2) Use of transferred amounts.--Any amounts

transferred by the Administrator of General Services to

the Secretary out of rents and fees collected by the

Administrator shall be used by the Secretary solely for

the protection of buildings or grounds owned or

occupied by the Federal Government.

SEC. 423. [6 U.S.C. 233] FUNCTIONS OF TRANSPORTATION SECURITY

ADMINISTRATION.

(a) Consultation With Federal Aviation Administration.--The

Secretary and other officials in the Department shall consult

with the Administrator of the Federal Aviation Administration

before taking any action that might affect aviation safety, air

carrier operations, aircraft airworthiness, or the use of

airspace. The Secretary shall establish a liaison office within

the Department for the purpose of consulting with the

Administrator of the Federal Aviation Administration.

(b) Report to Congress.--Not later than 60 days after the

date of enactment of this Act, the Secretary of Transportation

shall transmit to Congress a report containing a plan for

complying with the requirements of section 44901(d) of title

49, United States Code, as amended by section 425 of this Act.

(c) Limitations on Statutory Construction.--

(1) Grant of authority.--Nothing in this Act may be

construed to vest in the Secretary or any other

official in the Department any authority over

transportation security that is not vested in the Under

Secretary of Transportation for Security, or in the

Secretary of Transportation under chapter 449 of title

49, United States Code, on the day before the date of

enactment of this Act.

(2) Obligation of aip funds.--Nothing in this Act

may be construed to authorize the Secretary or any

other official in the Department to obligate amounts

made available under section 48103 of title 49, United

States Code.

SEC. 424. [6 U.S.C. 234] PRESERVATION OF TRANSPORTATION SECURITY

ADMINISTRATION AS A DISTINCT ENTITY.

(a) In General.--Notwithstanding any other provision of

this Act, and subject to subsection (b), the Transportation

Security Administration shall be maintained as a distinct

entity within the Department under the Under Secretary for

Border Transportation and Security.

(b) Sunset.--Subsection (a) shall cease to apply 2 years

after the date of enactment of this Act.

*       *       *       *       *       *       *

SEC. 427. [6 U.S.C. 235] COORDINATION OF INFORMATION AND INFORMATION

TECHNOLOGY.

(a) Definition of Affected Agency.--In this section, the

term ``affected agency'' means--

(1) the Department;

(2) the Department of Agriculture;

(3) the Department of Health and Human Services;

and

(4) any other department or agency determined to be

appropriate by the Secretary.

(b) Coordination.--The Secretary, in coordination with the

Secretary of Agriculture, the Secretary of Health and Human

Services, and the head of each other department or agency

determined to be appropriate by the Secretary, shall ensure

that appropriate information (as determined by the Secretary)

concerning inspections of articles that are imported or entered

into the United States, and are inspected or regulated by 1 or

more affected agencies, is timely and efficiently exchanged

between the affected agencies.

(c) Report and Plan.--Not later than 18 months after the

date of enactment of this Act, the Secretary, in consultation

with the Secretary of Agriculture, the Secretary of Health and

Human Services, and the head of each other department or agency

determined to be appropriate by the Secretary, shall submit to

Congress--

(1) a report on the progress made in implementing

this section; and

(2) a plan to complete implementation of this

section.

SEC. 428. [6 U.S.C. 236] VISA ISSUANCE.

(a) Definition.--In this subsection, the term ``consular

office'' has the meaning given that term under section

101(a)(9) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(9)).

(b) In General.--Notwithstanding section 104(a) of the

Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other

provision of law, and except as provided in subsection (c) of

this section, the Secretary--

(1) shall be vested exclusively with all

authorities to issue regulations with respect to,

administer, and enforce the provisions of such Act, and

of all other immigration and nationality laws, relating

to the functions of consular officers of the United

States in connection with the granting or refusal of

visas, and shall have the authority to refuse visas in

accordance with law and to develop programs of homeland

security training for consular officers (in addition to

consular training provided by the Secretary of State),

which authorities shall be exercised through the

Secretary of State, except that the Secretary shall not

have authority to alter or reverse the decision of a

consular officer to refuse a visa to an alien; and

(2) shall have authority to confer or impose upon

any officer or employee of the United States, with the

consent of the head of the executive agency under whose

jurisdiction such officer or employee is serving, any

of the functions specified in paragraph (1).

(c) Authority of the Secretary of State.--

(1) In general.--Notwithstanding subsection (b),

the Secretary of State may direct a consular officer to

refuse a visa to an alien if the Secretary of State

deems such refusal necessary or advisable in the

foreign policy or security interests of the United

States.

(2) Construction regarding authority.--Nothing in

this section, consistent with the Secretary of Homeland

Security's authority to refuse visas in accordance with

law, shall be construed as affecting the authorities of

the Secretary of State under the following provisions

of law:

(A) Section 101(a)(15)(A) of the

Immigration and Nationality Act (8 U.S.C.

1101(a)(15)(A)).

(B) Section 204(d)(2) of the Immigration

and Nationality Act (8 U.S.C. 1154) (as it will

take effect upon the entry into force of the

Convention on Protection of Children and

Cooperation in Respect to Inter-Country

adoption).

(C) Section 212(a)(3)(B)(i)(IV)(bb) of the

Immigration and Nationality Act (8 U.S.C.

1182(a)(3)(B)(i)(IV)(bb)).

(D) Section 212(a)(3)(B)(i)(VI) of the

Immigration and Nationality Act (8 U.S.C.

1182(a)(3)(B)(i)(VI)).

(E) Section 212(a)(3)(B)(vi)(II) of the

Immigration and Nationality Act (8 U.S.C.

1182(a)(3)(B)(vi)(II)).

(F) Section 212(a)(3)(C) of the Immigration

and Nationality Act (8 U.S.C. 1182(a)(3)(C)).

(G) Section 212(a)(10)(C) of the

Immigration and Nationality Act (8 U.S.C.

1182(a)(10)(C)).

(H) Section 212(f) of the Immigration and

Nationality Act (8 U.S.C. 1182(f)).

(I) Section 219(a) of the Immigration and

Nationality Act (8 U.S.C. 1189(a)).

(J) Section 237(a)(4)(C) of the Immigration

and Nationality Act (8 U.S.C. 1227(a)(4)(C)).

(K) Section 401 of the Cuban Liberty and

Democratic Solidarity (LIBERTAD) Act of 1996

(22 U.S.C. 6034; Public Law 104-114).

(L) Section 613 of the Departments of

Commerce, Justice, and State, the Judiciary and

Related Agencies Appropriations Act, 1999 (as

contained in section 101(b) of division A of

Public Law 105-277) (Omnibus Consolidated and

Emergency Supplemental Appropriations Act,

1999); 112 Stat. 2681; H.R. 4328 (originally

H.R. 4276) as amended by section 617 of Public

Law 106-553.

(M) Section 103(f) of the Chemical Weapon

Convention Implementation Act of 1998 (112

Stat. 2681-865).

(N) Section 801 of H.R. 3427, the Admiral

James W. Nance and Meg Donovan Foreign

Relations Authorization Act, Fiscal Years 2000

and 2001, as enacted by reference in Public Law

106-113.

(O) Section 568 of the Foreign Operations,

Export Financing, and Related Programs

Appropriations Act, 2002 (Public Law 107-115).

(P) Section 51 of the State Department

Basic Authorities Act of 1956 (22 U.S.C. 2723).

(d) Consular Officers and Chiefs of Missions.--

(1) In general.--Nothing in this section may be

construed to alter or affect--

(A) the employment status of consular

officers as employees of the Department of

State; or

(B) the authority of a chief of mission

under section 207 of the Foreign Service Act of

1980 (22 U.S.C. 3927).

(2) Construction regarding delegation of

authority.--Nothing in this section shall be construed

to affect any delegation of authority to the Secretary

of State by the President pursuant to any proclamation

issued under section 212(f) of the Immigration and

Nationality Act (8 U.S.C. 1182(f)), consistent with the

Secretary of Homeland Security's authority to refuse

visas in accordance with law.

(e) Assignment of Homeland Security Employees to Diplomatic

and Consular Posts.--

(1) In general.--The Secretary is authorized to

assign employees of the Department to each diplomatic

and consular post at which visas are issued, unless the

Secretary determines that such an assignment at a

particular post would not promote homeland security.

(2) Functions.--Employees assigned under paragraph

(1) shall perform the following functions:

(A) Provide expert advice and training to

consular officers regarding specific security

threats relating to the adjudication of

individual visa applications or classes of

applications.

(B) Review any such applications, either on

the initiative of the employee of the

Department or upon request by a consular

officer or other person charged with

adjudicating such applications.

(C) Conduct investigations with respect to

consular matters under the jurisdiction of the

Secretary.

(3) Evaluation of consular officers.--The Secretary

of State shall evaluate, in consultation with the

Secretary, as deemed appropriate by the Secretary, the

performance of consular officers with respect to the

processing and adjudication of applications for visas

in accordance with performance standards developed by

the Secretary for these procedures.

(4) Report.--The Secretary shall, on an annual

basis, submit a report to Congress that describes the

basis for each determination under paragraph (1) that

the assignment of an employee of the Department at a

particular diplomatic post would not promote homeland

security.

(5) Permanent assignment; participation in

terrorist lookout committee.--When appropriate,

employees of the Department assigned to perform

functions described in paragraph (2) may be assigned

permanently to overseas diplomatic or consular posts

with country-specific or regional responsibility. If

the Secretary so directs, any such employee, when

present at an overseas post, shall participate in the

terrorist lookout committee established under section

304 of the Enhanced Border Security and Visa Entry

Reform Act of 2002 (8 U.S.C. 1733).

(6) Training and hiring.--

(A) In general.--The Secretary shall

ensure, to the extent possible, that any

employees of the Department assigned to perform

functions under paragraph (2) and, as

appropriate, consular officers, shall be

provided the necessary training to enable them

to carry out such functions, including training

in foreign languages, interview techniques, and

fraud detection techniques, in conditions in

the particular country where each employee is

assigned, and in other appropriate areas of

study.

(B) Use of center.--The Secretary is

authorized to use the National Foreign Affairs

Training Center, on a reimbursable basis, to

obtain the training described in subparagraph

(A).

(7) Report.--Not later than 1 year after the date

of enactment of this Act, the Secretary and the

Secretary of State shall submit to Congress--

(A) a report on the implementation of this

subsection; and

(B) any legislative proposals necessary to

further the objectives of this subsection.

(8) Effective date.--This subsection shall take

effect on the earlier of--

(A) the date on which the President

publishes notice in the Federal Register that

the President has submitted a report to

Congress setting forth a memorandum of

understanding between the Secretary and the

Secretary of State governing the implementation

of this section; or

(B) the date occurring 1 year after the

date of enactment of this Act.

(f) No Creation of Private Right of Action.--Nothing in

this section shall be construed to create or authorize a

private right of action to challenge a decision of a consular

officer or other United States official or employee to grant or

deny a visa.

(g) Study Regarding Use of Foreign Nationals.--

(1) In general.--The Secretary of Homeland Security

shall conduct a study of the role of foreign nationals

in the granting or refusal of visas and other documents

authorizing entry of aliens into the United States. The

study shall address the following:

(A) The proper role, if any, of foreign

nationals in the process of rendering decisions

on such grants and refusals.

(B) Any security concerns involving the

employment of foreign nationals.

(C) Whether there are cost-effective

alternatives to the use of foreign nationals.

(2) Report.--Not later than 1 year after the date

of the enactment of this Act, the Secretary shall

submit a report containing the findings of the study

conducted under paragraph (1) to the Committee on the

Judiciary, the Committee on International Relations,

and the Committee on Government Reform of the House of

Representatives, and the Committee on the Judiciary,

the Committee on Foreign Relations, and the Committee

on Government Affairs of the Senate.

(h) Report.--Not later than 120 days after the date of the

enactment of this Act, the Director of the Office of Science

and Technology Policy shall submit to Congress a report on how

the provisions of this section will affect procedures for the

issuance of student visas.

(i) Visa Issuance Program for Saudi Arabia.--

Notwithstanding any other provision of law, after the date of

the enactment of this Act all third party screening programs in

Saudi Arabia shall be terminated. On-site personnel of the

Department of Homeland Security shall review all visa

applications prior to adjudication.

SEC. 429. [6 U.S.C. 237] INFORMATION ON VISA DENIALS REQUIRED TO BE

ENTERED INTO ELECTRONIC DATA SYSTEM.

(a) In General.--Whenever a consular officer of the United

States denies a visa to an applicant, the consular officer

shall enter the fact and the basis of the denial and the name

of the applicant into the interoperable electronic data system

implemented under section 202(a) of the Enhanced Border

Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722(a)).

(b) Prohibition.--In the case of any alien with respect to

whom a visa has been denied under subsection (a)--

(1) no subsequent visa may be issued to the alien

unless the consular officer considering the alien's

visa application has reviewed the information

concerning the alien placed in the interoperable

electronic data system, has indicated on the alien's

application that the information has been reviewed, and

has stated for the record why the visa is being issued

or a waiver of visa ineligibility recommended in spite

of that information; and

(2) the alien may not be admitted to the United

States without a visa issued in accordance with the

procedures described in paragraph (1).

SEC. 430. [6 U.S.C. 238] OFFICE FOR DOMESTIC PREPAREDNESS.

(a) In General.--The Office for Domestic Preparedness shall

be within the Directorate of Border and Transportation

Security.

(b) Director.--There shall be a Director of the Office for

Domestic Preparedness, who shall be appointed by the President,

by and with the advice and consent of the Senate. The Director

of the Office for Domestic Preparedness shall report directly

to the Under Secretary for Border and Transportation Security.

(c) Responsibilities.--The Office for Domestic Preparedness

shall have the primary responsibility within the executive

branch of Government for the preparedness of the United States

for acts of terrorism, including--

(1) coordinating preparedness efforts at the

Federal level, and working with all State, local,

tribal, parish, and private sector emergency response

providers on all matters pertaining to combating

terrorism, including training, exercises, and equipment

support;

(2) coordinating or, as appropriate, consolidating

communications and systems of communications relating

to homeland security at all levels of government;

(3) directing and supervising terrorism

preparedness grant programs of the Federal Government

(other than those programs administered by the

Department of Health and Human Services) for all

emergency response providers;

(4) incorporating the Strategy priorities into

planning guidance on an agency level for the

preparedness efforts of the Office for Domestic

Preparedness;

(5) providing agency-specific training for agents

and analysts within the Department, other agencies, and

State and local agencies and international entities;

(6) as the lead executive branch agency for

preparedness of the United States for acts of

terrorism, cooperating closely with the Federal

Emergency Management Agency, which shall have the

primary responsibility within the executive branch to

prepare for and mitigate the effects of nonterrorist-

related disasters in the United States;

(7) assisting and supporting the Secretary, in

coordination with other Directorates and entities

outside the Department, in conducting appropriate risk

analysis and risk management activities of State,

local, and tribal governments consistent with the

mission and functions of the Directorate;

(8) those elements of the Office of National

Preparedness of the Federal Emergency Management Agency

which relate to terrorism, which shall be consolidated

within the Department in the Office for Domestic

Preparedness established under this section; and

(9) helping to ensure the acquisition of

interoperable communication technology by State and

local governments and emergency response providers.

(d) Fiscal Years 2003 and 2004.--During fiscal year 2003

and fiscal year 2004, the Director of the Office for Domestic

Preparedness established under this section shall manage and

carry out those functions of the Office for Domestic

Preparedness of the Department of Justice (transferred under

this section) before September 11, 2001, under the same terms,

conditions, policies, and authorities, and with the required

level of personnel, assets, and budget before September 11,

2001.

SEC. 431. [6 U.S.C. 239] OFFICE OF CARGO SECURITY POLICY.

(a) Establishment.--There is established within the

Department an Office of Cargo Security Policy (referred to in

this section as the ``Office'').

(b) Purpose.--The Office shall--

(1) coordinate all Department policies relating to

cargo security; and

(2) consult with stakeholders and coordinate with

other Federal agencies in the establishment of

standards and regulations and to promote best

practices.

(c) Director.--

(1) Appointment.--The Office shall be headed by a

Director, who shall--

(A) be appointed by the Secretary; and

(B) report to the Assistant Secretary for

Policy.

(2) Responsibilities.--The Director shall--

(A) advise the Assistant Secretary for

Policy in the development of Department-wide

policies regarding cargo security;

(B) coordinate all policies relating to

cargo security among the agencies and offices

within the Department relating to cargo

security; and

(C) coordinate the cargo security policies

of the Department with the policies of other

executive agencies.

Subtitle D--Immigration Enforcement Functions

SEC. 441. [6 U.S.C. 251] TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR

BORDER AND TRANSPORTATION SECURITY.

In accordance with title XV (relating to transition

provisions), there shall be transferred from the Commissioner

of Immigration and Naturalization to the Under Secretary for

Border and Transportation Security all functions performed

under the following programs, and all personnel, assets, and

liabilities pertaining to such programs, immediately before

such transfer occurs:

(1) The Border Patrol program.

(2) The detention and removal program.

(3) The intelligence program.

(4) The investigations program.

(5) The inspections program.

SEC. 442. [6 U.S.C. 252] ESTABLISHMENT OF BUREAU OF BORDER SECURITY.

(a) Establishment of Bureau.--

(1) In general.--There shall be in the Department

of Homeland Security a bureau to be known as the

``Bureau of Border Security''.

(2) Assistant secretary.--The head of the Bureau of

Border Security shall be the Assistant Secretary of the

Bureau of Border Security, who--

(A) shall report directly to the Under

Secretary for Border and Transportation

Security; and

(B) shall have a minimum of 5 years

professional experience in law enforcement, and

a minimum of 5 years of management experience.

(3) Functions.--The Assistant Secretary of the

Bureau of Border Security--

(A) shall establish the policies for

performing such functions as are--

(i) transferred to the Under

Secretary for Border and Transportation

Security by section 441 and delegated

to the Assistant Secretary by the Under

Secretary for Border and Transportation

Security; or

(ii) otherwise vested in the

Assistant Secretary by law;

(B) shall oversee the administration of

such policies; and

(C) shall advise the Under Secretary for

Border and Transportation Security with respect

to any policy or operation of the Bureau of

Border Security that may affect the Bureau of

Citizenship and Immigration Services

established under subtitle E, including

potentially conflicting policies or operations.

(4) Program to collect information relating to

foreign students.--The Assistant Secretary of the

Bureau of Border Security shall be responsible for

administering the program to collect information

relating to nonimmigrant foreign students and other

exchange program participants described in section 641

of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (8 U.S.C. 1372), including

the Student and Exchange Visitor Information System

established under that section, and shall use such

information to carry out the enforcement functions of

the Bureau.

(5) Managerial rotation program.--

(A) In general.--Not later than 1 year

after the date on which the transfer of

functions specified under section 441 takes

effect, the Assistant Secretary of the Bureau

of Border Security shall design and implement a

managerial rotation program under which

employees of such bureau holding positions

involving supervisory or managerial

responsibility and classified, in accordance

with chapter 51 of title 5, United States Code,

as a GS-14 or above, shall--

(i) gain some experience in all the

major functions performed by such

bureau; and

(ii) work in at least one local

office of such bureau.

(B) Report.--Not later than 2 years after

the date on which the transfer of functions

specified under section 441 takes effect, the

Secretary shall submit a report to the Congress

on the implementation of such program.

(b) Chief of Policy and Strategy.--

(1) In general.--There shall be a position of Chief

of Policy and Strategy for the Bureau of Border

Security.

(2) Functions.--In consultation with Bureau of

Border Security personnel in local offices, the Chief

of Policy and Strategy shall be responsible for--

(A) making policy recommendations and

performing policy research and analysis on

immigration enforcement issues; and

(B) coordinating immigration policy issues

with the Chief of Policy and Strategy for the

Bureau of Citizenship and Immigration Services

(established under subtitle E), as appropriate.

(c) Legal Advisor.--There shall be a principal legal

advisor to the Assistant Secretary of the Bureau of Border

Security. The legal advisor shall provide specialized legal

advice to the Assistant Secretary of the Bureau of Border

Security and shall represent the bureau in all exclusion,

deportation, and removal proceedings before the Executive

Office for Immigration Review.

SEC. 443. [6 U.S.C. 253] PROFESSIONAL RESPONSIBILITY AND QUALITY

REVIEW.

The Under Secretary for Border and Transportation Security

shall be responsible for--

(1) conducting investigations of noncriminal

allegations of misconduct, corruption, and fraud

involving any employee of the Bureau of Border Security

that are not subject to investigation by the Inspector

General for the Department;

(2) inspecting the operations of the Bureau of

Border Security and providing assessments of the

quality of the operations of such bureau as a whole and

each of its components; and

(3) providing an analysis of the management of the

Bureau of Border Security.

SEC. 444. [6 U.S.C. 254] EMPLOYEE DISCIPLINE.

The Under Secretary for Border and Transportation Security

may, notwithstanding any other provision of law, impose

disciplinary action, including termination of employment,

pursuant to policies and procedures applicable to employees of

the Federal Bureau of Investigation, on any employee of the

Bureau of Border Security who willfully deceives the Congress

or agency leadership on any matter.

SEC. 445. [6 U.S.C. 255] REPORT ON IMPROVING ENFORCEMENT FUNCTIONS.

(a) In General.--The Secretary, not later than 1 year after

being sworn into office, shall submit to the Committees on

Appropriations and the Judiciary of the House of

Representatives and of the Senate a report with a plan

detailing how the Bureau of Border Security, after the transfer

of functions specified under section 441 takes effect, will

enforce comprehensively, effectively, and fairly all the

enforcement provisions of the Immigration and Nationality Act

(8 U.S.C. 1101 et seq.) relating to such functions.

(b) Consultation.--In carrying out subsection (a), the

Secretary of Homeland Security shall consult with the Attorney

General, the Secretary of State, the Director of the Federal

Bureau of Investigation, the Secretary of the Treasury, the

Secretary of Labor, the Commissioner of Social Security, the

Director of the Executive Office for Immigration Review, and

the heads of State and local law enforcement agencies to

determine how to most effectively conduct enforcement

operations.

SEC. 446. [6 U.S.C. 256] SENSE OF CONGRESS REGARDING CONSTRUCTION OF

FENCING NEAR SAN DIEGO, CALIFORNIA.

It is the sense of the Congress that completing the 14-mile

border fence project required to be carried out under section

102(b) of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a

priority for the Secretary.

Subtitle E--Citizenship and Immigration Services

SEC. 451. [6 U.S.C. 271] ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND

IMMIGRATION SERVICES.

(a) Establishment of Bureau.--

(1) In general.--There shall be in the Department a

bureau to be known as the ``Bureau of Citizenship and

Immigration Services''.

(2) Director.--The head of the Bureau of

Citizenship and Immigration Services shall be the

Director of the Bureau of Citizenship and Immigration

Services, who--

(A) shall report directly to the Deputy

Secretary;

(B) shall have a minimum of 5 years of

management experience; and

(C) shall be paid at the same level as the

Assistant Secretary of the Bureau of Border

Security.

(3) Functions.--The Director of the Bureau of

Citizenship and Immigration Services--

(A) shall establish the policies for

performing such functions as are transferred to

the Director by this section or this Act or

otherwise vested in the Director by law;

(B) shall oversee the administration of

such policies;

(C) shall advise the Deputy Secretary with

respect to any policy or operation of the

Bureau of Citizenship and Immigration Services

that may affect the Bureau of Border Security

of the Department, including potentially

conflicting policies or operations;

(D) shall establish national immigration

services policies and priorities;

(E) shall meet regularly with the Ombudsman

described in section 452 to correct serious

service problems identified by the Ombudsman;

and

(F) shall establish procedures requiring a

formal response to any recommendations

submitted in the Ombudsman's annual report to

Congress within 3 months after its submission

to Congress.

(4) Managerial rotation program.--

(A) In general.--Not later than 1 year

after the effective date specified in section

455, the Director of the Bureau of Citizenship

and Immigration Services shall design and

implement a managerial rotation program under

which employees of such bureau holding

positions involving supervisory or managerial

responsibility and classified, in accordance

with chapter 51 of title 5, United States Code,

as a GS-14 or above, shall--

(i) gain some experience in all the

major functions performed by such

bureau; and

(ii) work in at least one field

office and one service center of such

bureau.

(B) Report.--Not later than 2 years after

the effective date specified in section 455,

the Secretary shall submit a report to Congress

on the implementation of such program.

(5) Pilot initiatives for backlog elimination.--The

Director of the Bureau of Citizenship and Immigration

Services is authorized to implement innovative pilot

initiatives to eliminate any remaining backlog in the

processing of immigration benefit applications, and to

prevent any backlog in the processing of such

applications from recurring, in accordance with section

204(a) of the Immigration Services and Infrastructure

Improvements Act of 2000 (8 U.S.C. 1573(a)). Such

initiatives may include measures such as increasing

personnel, transferring personnel to focus on areas

with the largest potential for backlog, and

streamlining paperwork.

(b) Transfer of Functions From Commissioner.--In accordance

with title XV (relating to transition provisions), there are

transferred from the Commissioner of Immigration and

Naturalization to the Director of the Bureau of Citizenship and

Immigration Services the following functions, and all

personnel, infrastructure, and funding provided to the

Commissioner in support of such functions immediately before

the effective date specified in section 455:

(1) Adjudications of immigrant visa petitions.

(2) Adjudications of naturalization petitions.

(3) Adjudications of asylum and refugee

applications.

(4) Adjudications performed at service centers.

(5) All other adjudications performed by the

Immigration and Naturalization Service immediately

before the effective date specified in section 455.

(c) Chief of Policy and Strategy.--

(1) In general.--There shall be a position of Chief

of Policy and Strategy for the Bureau of Citizenship

and Immigration Services.

(2) Functions.--In consultation with Bureau of

Citizenship and Immigration Services personnel in field

offices, the Chief of Policy and Strategy shall be

responsible for--

(A) making policy recommendations and

performing policy research and analysis on

immigration services issues; and

(B) coordinating immigration policy issues

with the Chief of Policy and Strategy for the

Bureau of Border Security of the Department.

(d) Legal Advisor.--

(1) In general.--There shall be a principal legal

advisor to the Director of the Bureau of Citizenship

and Immigration Services.

(2) Functions.--The legal advisor shall be

responsible for--

(A) providing specialized legal advice,

opinions, determinations, regulations, and any

other assistance to the Director of the Bureau

of Citizenship and Immigration Services with

respect to legal matters affecting the Bureau

of Citizenship and Immigration Services; and

(B) representing the Bureau of Citizenship

and Immigration Services in visa petition

appeal proceedings before the Executive Office

for Immigration Review.

(e) Budget Officer.--

(1) In general.--There shall be a Budget Officer

for the Bureau of Citizenship and Immigration Services.

(2) Functions.--

(A) In general.--The Budget Officer shall

be responsible for--

(i) formulating and executing the

budget of the Bureau of Citizenship and

Immigration Services;

(ii) financial management of the

Bureau of Citizenship and Immigration

Services; and

(iii) collecting all payments,

fines, and other debts for the Bureau

of Citizenship and Immigration

Services.

(f) Chief of Office of Citizenship.--

(1) In general.--There shall be a position of Chief

of the Office of Citizenship for the Bureau of

Citizenship and Immigration Services.

(2) Functions.--The Chief of the Office of

Citizenship for the Bureau of Citizenship and

Immigration Services shall be responsible for promoting

instruction and training on citizenship

responsibilities for aliens interested in becoming

naturalized citizens of the United States, including

the development of educational materials.

(g) \1\ Office of the FBI Liaison.--

---------------------------------------------------------------------------

\1\ Subsection (g) of section 451 was added by section 2(a) of

Public Law 110-382. Section 4 of such Public Law provides:

SEC. 4. SUNSET PROVISION.

---------------------------------------------------------------------------

This Act and the amendments made by this Act are repealed on the

date that is 5 years after the date of the enactment of this Act.

[enactment date is October 9, 2008]

---------------------------------------------------------------------------

(1) In general.--There shall be an Office of the

FBI Liaison in the Department of Homeland Security.

(2) Functions.--The Office of the FBI Liaison shall

monitor the progress of the functions of the Federal

Bureau of Investigation in the naturalization process

to assist in the expeditious completion of all such

functions pertaining to naturalization applications

filed by, or on behalf of--

(A) current or former members of the Armed

Forces under section 328 or 329 of the

Immigration and Nationality Act (8 U.S.C. 1439

and 1440);

(B) current spouses of United States

citizens who are currently serving on active

duty in the Armed Forces, who qualify for

naturalization under section 319(b) of the

Immigration and Nationality Act (8 U.S.C.

1430(b)), and surviving spouses and children

who qualify for naturalization under section

319(d) of such Act; or

(C) a deceased individual who is eligible

for posthumous citizenship under section 329A

of the Immigration and Nationality Act (8

U.S.C. 1440-1).

(3) Authorization of appropriations.--There are

authorized to be appropriated such sums as may be

necessary to carry out this subsection.

SEC. 452. [6 U.S.C. 272] CITIZENSHIP AND IMMIGRATION SERVICES

OMBUDSMAN.

(a) In General.--Within the Department, there shall be a

position of Citizenship and Immigration Services Ombudsman (in

this section referred to as the ``Ombudsman''). The Ombudsman

shall report directly to the Deputy Secretary. The Ombudsman

shall have a background in customer service as well as

immigration law.

(b) Functions.--It shall be the function of the Ombudsman--

(1) to assist individuals and employers in

resolving problems with the Bureau of Citizenship and

Immigration Services;

(2) to identify areas in which individuals and

employers have problems in dealing with the Bureau of

Citizenship and Immigration Services; and

(3) to the extent possible, to propose changes in

the administrative practices of the Bureau of

Citizenship and Immigration Services to mitigate

problems identified under paragraph (2).

(c) Annual Reports.--

(1) Objectives.--Not later than June 30 of each

calendar year, the Ombudsman shall report to the

Committee on the Judiciary of the House of

Representatives and the Senate on the objectives of the

Office of the Ombudsman for the fiscal year beginning

in such calendar year. Any such report shall contain

full and substantive analysis, in addition to

statistical information, and--

(A) shall identify the recommendations the

Office of the Ombudsman has made on improving

services and responsiveness of the Bureau of

Citizenship and Immigration Services;

(B) shall contain a summary of the most

pervasive and serious problems encountered by

individuals and employers, including a

description of the nature of such problems;

(C) shall contain an inventory of the items

described in subparagraphs (A) and (B) for

which action has been taken and the result of

such action;

(D) shall contain an inventory of the items

described in subparagraphs (A) and (B) for

which action remains to be completed and the

period during which each item has remained on

such inventory;

(E) shall contain an inventory of the items

described in subparagraphs (A) and (B) for

which no action has been taken, the period

during which each item has remained on such

inventory, the reasons for the inaction, and

shall identify any official of the Bureau of

Citizenship and Immigration Services who is

responsible for such inaction;

(F) shall contain recommendations for such

administrative action as may be appropriate to

resolve problems encountered by individuals and

employers, including problems created by

excessive backlogs in the adjudication and

processing of immigration benefit petitions and

applications; and

(G) shall include such other information as

the Ombudsman may deem advisable.

(2) Report to be submitted directly.--Each report

required under this subsection shall be provided

directly to the committees described in paragraph (1)

without any prior comment or amendment from the

Secretary, Deputy Secretary, Director of the Bureau of

Citizenship and Immigration Services, or any other

officer or employee of the Department or the Office of

Management and Budget.

(d) Other Responsibilities.--The Ombudsman--

(1) shall monitor the coverage and geographic

allocation of local offices of the Ombudsman;

(2) shall develop guidance to be distributed to all

officers and employees of the Bureau of Citizenship and

Immigration Services outlining the criteria for

referral of inquiries to local offices of the

Ombudsman;

(3) shall ensure that the local telephone number

for each local office of the Ombudsman is published and

available to individuals and employers served by the

office; and

(4) shall meet regularly with the Director of the

Bureau of Citizenship and Immigration Services to

identify serious service problems and to present

recommendations for such administrative action as may

be appropriate to resolve problems encountered by

individuals and employers.

(e) Personnel Actions.--

(1) In general.--The Ombudsman shall have the

responsibility and authority--

(A) to appoint local ombudsmen and make

available at least 1 such ombudsman for each

State; and

(B) to evaluate and take personnel actions

(including dismissal) with respect to any

employee of any local office of the Ombudsman.

(2) Consultation.--The Ombudsman may consult with

the appropriate supervisory personnel of the Bureau of

Citizenship and Immigration Services in carrying out

the Ombudsman's responsibilities under this subsection.

(f) Responsibilities of Bureau of Citizenship and

Immigration Services.--The Director of the Bureau of

Citizenship and Immigration Services shall establish procedures

requiring a formal response to all recommendations submitted to

such director by the Ombudsman within 3 months after submission

to such director.

(g) Operation of Local Offices.--

(1) In general.--Each local ombudsman--

(A) shall report to the Ombudsman or the

delegate thereof;

(B) may consult with the appropriate

supervisory personnel of the Bureau of

Citizenship and Immigration Services regarding

the daily operation of the local office of such

ombudsman;

(C) shall, at the initial meeting with any

individual or employer seeking the assistance

of such local office, notify such individual or

employer that the local offices of the

Ombudsman operate independently of any other

component of the Department and report directly

to Congress through the Ombudsman; and

(D) at the local ombudsman's discretion,

may determine not to disclose to the Bureau of

Citizenship and Immigration Services contact

with, or information provided by, such

individual or employer.

(2) Maintenance of independent communications.--

Each local office of the Ombudsman shall maintain a

phone, facsimile, and other means of electronic

communication access, and a post office address, that

is separate from those maintained by the Bureau of

Citizenship and Immigration Services, or any component

of the Bureau of Citizenship and Immigration Services.

SEC. 453. [6 U.S.C. 273] PROFESSIONAL RESPONSIBILITY AND QUALITY

REVIEW.

(a) In General.--The Director of the Bureau of Citizenship

and Immigration Services shall be responsible for--

(1) conducting investigations of noncriminal

allegations of misconduct, corruption, and fraud

involving any employee of the Bureau of Citizenship and

Immigration Services that are not subject to

investigation by the Inspector General for the

Department;

(2) inspecting the operations of the Bureau of

Citizenship and Immigration Services and providing

assessments of the quality of the operations of such

bureau as a whole and each of its components; and

(3) providing an analysis of the management of the

Bureau of Citizenship and Immigration Services.

(b) Special Considerations.--In providing assessments in

accordance with subsection (a)(2) with respect to a decision of

the Bureau of Citizenship and Immigration Services, or any of

its components, consideration shall be given to--

(1) the accuracy of the findings of fact and

conclusions of law used in rendering the decision;

(2) any fraud or misrepresentation associated with

the decision; and

(3) the efficiency with which the decision was

rendered.

SEC. 454. [6 U.S.C. 274] EMPLOYEE DISCIPLINE.

The Director of the Bureau of Citizenship and Immigration

Services may, notwithstanding any other provision of law,

impose disciplinary action, including termination of

employment, pursuant to policies and procedures applicable to

employees of the Federal Bureau of Investigation, on any

employee of the Bureau of Citizenship and Immigration Services

who willfully deceives Congress or agency leadership on any

matter.

SEC. 455. [6 U.S.C. 271 NOTE] EFFECTIVE DATE.

Notwithstanding section 4, sections 451 through 456, and

the amendments made by such sections, shall take effect on the

date on which the transfer of functions specified under section

441 takes effect.

SEC. 456. [6 U.S.C. 275] TRANSITION.

(a) References.--With respect to any function transferred

by this subtitle to, and exercised on or after the effective

date specified in section 455 by, the Director of the Bureau of

Citizenship and Immigration Services, any reference in any

other Federal law, Executive order, rule, regulation, or

delegation of authority, or any document of or pertaining to a

component of government from which such function is

transferred--

(1) to the head of such component is deemed to

refer to the Director of the Bureau of Citizenship and

Immigration Services; or

(2) to such component is deemed to refer to the

Bureau of Citizenship and Immigration Services.

(b) Other Transition Issues.--

(1) Exercise of authorities.--Except as otherwise

provided by law, a Federal official to whom a function

is transferred by this subtitle may, for purposes of

performing the function, exercise all authorities under

any other provision of law that were available with

respect to the performance of that function to the

official responsible for the performance of the

function immediately before the effective date

specified in section 455.

(2) Transfer and allocation of appropriations and

personnel.--The personnel of the Department of Justice

employed in connection with the functions transferred

by this subtitle (and functions that the Secretary

determines are properly related to the functions of the

Bureau of Citizenship and Immigration Services), and

the assets, liabilities, contracts, property, records,

and unexpended balance of appropriations,

authorizations, allocations, and other funds employed,

held, used, arising from, available to, or to be made

available to, the Immigration and Naturalization

Service in connection with the functions transferred by

this subtitle, subject to section 202 of the Budget and

Accounting Procedures Act of 1950, shall be transferred

to the Director of the Bureau of Citizenship and

Immigration Services for allocation to the appropriate

component of the Department. Unexpended funds

transferred pursuant to this paragraph shall be used

only for the purposes for which the funds were

originally authorized and appropriated. The Secretary

shall have the right to adjust or realign transfers of

funds and personnel effected pursuant to this subtitle

for a period of 2 years after the effective date

specified in section 455.

* * * * * * *

SEC. 459. [6 U.S.C. 276] REPORT ON IMPROVING IMMIGRATION SERVICES.

(a) In General.--The Secretary, not later than 1 year after

the effective date of this Act, shall submit to the Committees

on the Judiciary and Appropriations of the House of

Representatives and of the Senate a report with a plan

detailing how the Bureau of Citizenship and Immigration

Services, after the transfer of functions specified in this

subtitle takes effect, will complete efficiently, fairly, and

within a reasonable time, the adjudications described in

paragraphs (1) through (5) of section 451(b).

(b) Contents.--For each type of adjudication to be

undertaken by the Director of the Bureau of Citizenship and

Immigration Services, the report shall include the following:

(1) Any potential savings of resources that may be

implemented without affecting the quality of the

adjudication.

(2) The goal for processing time with respect to

the application.

(3) Any statutory modifications with respect to the

adjudication that the Secretary considers advisable.

(c) Consultation.--In carrying out subsection (a), the

Secretary shall consult with the Secretary of State, the

Secretary of Labor, the Assistant Secretary of the Bureau of

Border Security of the Department, and the Director of the

Executive Office for Immigration Review to determine how to

streamline and improve the process for applying for and making

adjudications described in section 451(b) and related

processes.

SEC. 460. [6 U.S.C. 277] REPORT ON RESPONDING TO FLUCTUATING NEEDS.

Not later than 30 days after the date of the enactment of

this Act, the Attorney General shall submit to Congress a

report on changes in law, including changes in authorizations

of appropriations and in appropriations, that are needed to

permit the Immigration and Naturalization Service, and, after

the transfer of functions specified in this subtitle takes

effect, the Bureau of Citizenship and Immigration Services of

the Department, to ensure a prompt and timely response to

emergent, unforeseen, or impending changes in the number of

applications for immigration benefits, and otherwise to ensure

the accommodation of changing immigration service needs.

SEC. 461. [6 U.S.C. 278] APPLICATION OF INTERNET-BASED TECHNOLOGIES.

(a) Establishment of Tracking System.--The Secretary, not

later than 1 year after the effective date of this Act, in

consultation with the Technology Advisory Committee established

under subsection (c), shall establish an Internet-based system,

that will permit a person, employer, immigrant, or nonimmigrant

who has filings with the Secretary for any benefit under the

Immigration and Nationality Act (8 U.S.C. 1101 et seq.), access

to online information about the processing status of the filing

involved.

(b) Feasibility Study for Online Filing and Improved

Processing.--

(1) Online filing.--The Secretary, in consultation

with the Technology Advisory Committee established

under subsection (c), shall conduct a feasibility study

on the online filing of the filings described in

subsection (a). The study shall include a review of

computerization and technology of the Immigration and

Naturalization Service relating to the immigration

services and processing of filings related to immigrant

services. The study shall also include an estimate of

the timeframe and cost and shall consider other factors

in implementing such a filing system, including the

feasibility of fee payment online.

(2) Report.--A report on the study under this

subsection shall be submitted to the Committees on the

Judiciary of the House of Representatives and the

Senate not later than 1 year after the effective date

of this Act.

(c) Technology Advisory Committee.--

(1) Establishment.--The Secretary shall establish,

not later than 60 days after the effective date of this

Act, an advisory committee (in this section referred to

as the ``Technology Advisory Committee'') to assist the

Secretary in--

(A) establishing the tracking system under

subsection (a); and

(B) conducting the study under subsection

(b).

The Technology Advisory Committee shall be established

after consultation with the Committees on the Judiciary

of the House of Representatives and the Senate.

(2) Composition.--The Technology Advisory Committee

shall be composed of representatives from high

technology companies capable of establishing and

implementing the system in an expeditious manner, and

representatives of persons who may use the tracking

system described in subsection (a) and the online

filing system described in subsection (b)(1).

SEC. 462. [6 U.S.C. 279] CHILDREN'S AFFAIRS.

(a) Transfer of Functions.--There are transferred to the

Director of the Office of Refugee Resettlement of the

Department of Health and Human Services functions under the

immigration laws of the United States with respect to the care

of unaccompanied alien children that were vested by statute in,

or performed by, the Commissioner of Immigration and

Naturalization (or any officer, employee, or component of the

Immigration and Naturalization Service) immediately before the

effective date specified in subsection (d).

(b) Functions.--

(1) In general.--Pursuant to the transfer made by

subsection (a), the Director of the Office of Refugee

Resettlement shall be responsible for--

(A) coordinating and implementing the care

and placement of unaccompanied alien children

who are in Federal custody by reason of their

immigration status, including developing a plan

to be submitted to Congress on how to ensure

that qualified and independent legal counsel is

timely appointed to represent the interests of

each such child, consistent with the law

regarding appointment of counsel that is in

effect on the date of the enactment of this

Act;

(B) ensuring that the interests of the

child are considered in decisions and actions

relating to the care and custody of an

unaccompanied alien child;

(C) making placement determinations for all

unaccompanied alien children who are in Federal

custody by reason of their immigration status;

(D) implementing the placement

determinations;

(E) implementing policies with respect to

the care and placement of unaccompanied alien

children;

(F) identifying a sufficient number of

qualified individuals, entities, and facilities

to house unaccompanied alien children;

(G) overseeing the infrastructure and

personnel of facilities in which unaccompanied

alien children reside;

(H) reuniting unaccompanied alien children

with a parent abroad in appropriate cases;

(I) compiling, updating, and publishing at

least annually a state-by-state list of

professionals or other entities qualified to

provide guardian and attorney representation

services for unaccompanied alien children;

(J) maintaining statistical information and

other data on unaccompanied alien children for

whose care and placement the Director is

responsible, which shall include--

(i) biographical information, such

as a child's name, gender, date of

birth, country of birth, and country of

habitual residence;

(ii) the date on which the child

came into Federal custody by reason of

his or her immigration status;

(iii) information relating to the

child's placement, removal, or release

from each facility in which the child

has resided;

(iv) in any case in which the child

is placed in detention or released, an

explanation relating to the detention

or release; and

(v) the disposition of any actions

in which the child is the subject;

(K) collecting and compiling statistical

information from the Department of Justice, the

Department of Homeland Security, and the

Department of State on each department's

actions relating to unaccompanied alien

children; and

(L) conducting investigations and

inspections of facilities and other entities in

which unaccompanied alien children reside.

(2) Coordination with other entities; no release on

own recognizance.--In making determinations described

in paragraph (1)(C), the Director of the Office of

Refugee Resettlement--

(A) shall consult with appropriate juvenile

justice professionals, the Director of the

Bureau of Citizenship and Immigration Services,

and the Assistant Secretary of the Bureau of

Border Security to ensure that such

determinations ensure that unaccompanied alien

children described in such subparagraph--

(i) are likely to appear for all

hearings or proceedings in which they

are involved;

(ii) are protected from smugglers,

traffickers, or others who might seek

to victimize or otherwise engage them

in criminal, harmful, or exploitive

activity; and

(iii) are placed in a setting in

which they are not likely to pose a

danger to themselves or others; and

(B) shall not release such children upon

their own recognizance.

(3) Duties with respect to foster care.--In

carrying out the duties described in paragraph (1)(G),

the Director of the Office of Refugee Resettlement is

encouraged to use the refugee children foster care

system established pursuant to section 412(d) of the

Immigration and Nationality Act (8 U.S.C. 1522(d)) for

the placement of unaccompanied alien children.

(c) Rule of Construction.--Nothing in this section may be

construed to transfer the responsibility for adjudicating

benefit determinations under the Immigration and Nationality

Act (8 U.S.C. 1101 et seq.) from the authority of any official

of the Department of Justice, the Department of Homeland

Security, or the Department of State.

(d) Effective Date.--Notwithstanding section 4, this

section shall take effect on the date on which the transfer of

functions specified under section 441 takes effect.

(e) References.--With respect to any function transferred

by this section, any reference in any other Federal law,

Executive order, rule, regulation, or delegation of authority,

or any document of or pertaining to a component of government

from which such function is transferred--

(1) to the head of such component is deemed to

refer to the Director of the Office of Refugee

Resettlement; or

(2) to such component is deemed to refer to the

Office of Refugee Resettlement of the Department of

Health and Human Services.

(f) Other Transition Issues.--

(1) Exercise of authorities.--Except as otherwise

provided by law, a Federal official to whom a function

is transferred by this section may, for purposes of

performing the function, exercise all authorities under

any other provision of law that were available with

respect to the performance of that function to the

official responsible for the performance of the

function immediately before the effective date

specified in subsection (d).

(2) Savings provisions.--Subsections (a), (b), and

(c) of section 1512 shall apply to a transfer of

functions under this section in the same manner as such

provisions apply to a transfer of functions under this

Act to the Department of Homeland Security.

(3) Transfer and allocation of appropriations and

personnel.--The personnel of the Department of Justice

employed in connection with the functions transferred

by this section, and the assets, liabilities,

contracts, property, records, and unexpended balance of

appropriations, authorizations, allocations, and other

funds employed, held, used, arising from, available to,

or to be made available to, the Immigration and

Naturalization Service in connection with the functions

transferred by this section, subject to section 202 of

the Budget and Accounting Procedures Act of 1950, shall

be transferred to the Director of the Office of Refugee

Resettlement for allocation to the appropriate

component of the Department of Health and Human

Services. Unexpended funds transferred pursuant to this

paragraph shall be used only for the purposes for which

the funds were originally authorized and appropriated.

(g) Definitions.--As used in this section--

(1) the term ``placement'' means the placement of

an unaccompanied alien child in either a detention

facility or an alternative to such a facility; and

(2) the term ``unaccompanied alien child'' means a

child who--

(A) has no lawful immigration status in the

United States;

(B) has not attained 18 years of age; and

(C) with respect to whom--

(i) there is no parent or legal

guardian in the United States; or

(ii) no parent or legal guardian in

the United States is available to

provide care and physical custody.

Subtitle F--General Immigration Provisions

SEC. 471. [6 U.S.C. 291] ABOLISHMENT OF INS.

(a) In General.--Upon completion of all transfers from the

Immigration and Naturalization Service as provided for by this

Act, the Immigration and Naturalization Service of the

Department of Justice is abolished.

(b) Prohibition.--The authority provided by section 1502

may be used to reorganize functions or organizational units

within the Bureau of Border Security or the Bureau of

Citizenship and Immigration Services, but may not be used to

recombine the two bureaus into a single agency or otherwise to

combine, join, or consolidate functions or organizational units

of the two bureaus with each other.

SEC. 472. [6 U.S.C. 292] VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

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

(1) the term ``employee'' means an employee (as

defined by section 2105 of title 5, United States Code)

who--

(A) has completed at least 3 years of

current continuous service with 1 or more

covered entities; and

(B) is serving under an appointment without

time limitation,

but does not include any person under subparagraphs

(A)-(G) of section 663(a)(2) of Public Law 104-208 (5

U.S.C. 5597 note);

(2) the term ``covered entity'' means--

(A) the Immigration and Naturalization

Service;

(B) the Bureau of Border Security of the

Department of Homeland Security; and

(C) the Bureau of Citizenship and

Immigration Services of the Department of

Homeland Security; and

(3) the term ``transfer date'' means the date on

which the transfer of functions specified under section

441 takes effect.

(b) Strategic Restructuring Plan.--Before the Attorney

General or the Secretary obligates any resources for voluntary

separation incentive payments under this section, such official

shall submit to the appropriate committees of Congress a

strategic restructuring plan, which shall include--

(1) an organizational chart depicting the covered

entities after their restructuring pursuant to this

Act;

(2) a summary description of how the authority

under this section will be used to help carry out that

restructuring; and

(3) the information specified in section 663(b)(2)

of Public Law 104-208 (5 U.S.C. 5597 note).

As used in the preceding sentence, the ``appropriate committees

of Congress'' are the Committees on Appropriations, Government

Reform, and the Judiciary of the House of Representatives, and

the Committees on Appropriations, Governmental Affairs, and the

Judiciary of the Senate.

(c) Authority.--The Attorney General and the Secretary may,

to the extent necessary to help carry out their respective

strategic restructuring plan described in subsection (b), make

voluntary separation incentive payments to employees. Any such

payment--

(1) shall be paid to the employee, in a lump sum,

after the employee has separated from service;

(2) shall be paid from appropriations or funds

available for the payment of basic pay of the employee;

(3) shall be equal to the lesser of--

(A) the amount the employee would be

entitled to receive under section 5595(c) of

title 5, United States Code; or

(B) an amount not to exceed $25,000, as

determined by the Attorney General or the

Secretary;

(4) may not be made except in the case of any

qualifying employee who voluntarily separates (whether

by retirement or resignation) before the end of--

(A) the 3-month period beginning on the

date on which such payment is offered or made

available to such employee; or

(B) the 3-year period beginning on the date

of the enactment of this Act,

whichever occurs first;

(5) shall not be a basis for payment, and shall not

be included in the computation, of any other type of

Government benefit; and

(6) shall not be taken into account in determining

the amount of any severance pay to which the employee

may be entitled under section 5595 of title 5, United

States Code, based on any other separation.

(d) Additional Agency Contributions to the Retirement

Fund.--

(1) In general.--In addition to any payments which

it is otherwise required to make, the Department of

Justice and the Department of Homeland Security shall,

for each fiscal year with respect to which it makes any

voluntary separation incentive payments under this

section, remit to the Office of Personnel Management

for deposit in the Treasury of the United States to the

credit of the Civil Service Retirement and Disability

Fund the amount required under paragraph (2).

(2) Amount required.--The amount required under

this paragraph shall, for any fiscal year, be the

amount under subparagraph (A) or (B), whichever is

greater.

(A) First method.--The amount under this

subparagraph shall, for any fiscal year, be

equal to the minimum amount necessary to offset

the additional costs to the retirement systems

under title 5, United States Code (payable out

of the Civil Service Retirement and Disability

Fund) resulting from the voluntary separation

of the employees described in paragraph (3), as

determined under regulations of the Office of

Personnel Management.

(B) Second method.--The amount under this

subparagraph shall, for any fiscal year, be

equal to 45 percent of the sum total of the

final basic pay of the employees described in

paragraph (3).

(3) Computations to be based on separations

occurring in the fiscal year involved.--The employees

described in this paragraph are those employees who

receive a voluntary separation incentive payment under

this section based on their separating from service

during the fiscal year with respect to which the

payment under this subsection relates.

(4) Final basic pay defined.--In this subsection,

the term ``final basic pay'' means, with respect to an

employee, the total amount of basic pay which would be

payable for a year of service by such employee,

computed using the employee's final rate of basic pay,

and, if last serving on other than a full-time basis,

with appropriate adjustment therefor.

(e) Effect of Subsequent Employment With the Government.--

An individual who receives a voluntary separation incentive

payment under this section and who, within 5 years after the

date of the separation on which the payment is based, accepts

any compensated employment with the Government or works for any

agency of the Government through a personal services contract,

shall be required to pay, prior to the individual's first day

of employment, the entire amount of the incentive payment. Such

payment shall be made to the covered entity from which the

individual separated or, if made on or after the transfer date,

to the Deputy Secretary or the Under Secretary for Border and

Transportation Security (for transfer to the appropriate

component of the Department of Homeland Security, if

necessary).

(f) Effect on Employment Levels.--

(1) Intended effect.--Voluntary separations under

this section are not intended to necessarily reduce the

total number of full-time equivalent positions in any

covered entity.

(2) Use of voluntary separations.--A covered entity

may redeploy or use the full-time equivalent positions

vacated by voluntary separations under this section to

make other positions available to more critical

locations or more critical occupations.

SEC. 473. [6 U.S.C. 293] AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT

RELATING TO DISCIPLINARY ACTION.

(a) In General.--The Attorney General and the Secretary may

each, during a period ending not later than 5 years after the

date of the enactment of this Act, conduct a demonstration

project for the purpose of determining whether one or more

changes in the policies or procedures relating to methods for

disciplining employees would result in improved personnel

management.

(b) Scope.--A demonstration project under this section--

(1) may not cover any employees apart from those

employed in or under a covered entity; and

(2) shall not be limited by any provision of

chapter 43, 75, or 77 of title 5, United States Code.

(c) Procedures.--Under the demonstration project--

(1) the use of alternative means of dispute

resolution (as defined in section 571 of title 5,

United States Code) shall be encouraged, whenever

appropriate; and

(2) each covered entity under the jurisdiction of

the official conducting the project shall be required

to provide for the expeditious, fair, and independent

review of any action to which section 4303 or

subchapter II of chapter 75 of such title 5 would

otherwise apply (except an action described in section

7512(5) of such title 5).

(d) Actions Involving Discrimination.--Notwithstanding any

other provision of this section, if, in the case of any matter

described in section 7702(a)(1)(B) of title 5, United States

Code, there is no judicially reviewable action under the

demonstration project within 120 days after the filing of an

appeal or other formal request for review (referred to in

subsection (c)(2)), an employee shall be entitled to file a

civil action to the same extent and in the same manner as

provided in section 7702(e)(1) of such title 5 (in the matter

following subparagraph (C) thereof).

(e) Certain Employees.--Employees shall not be included

within any project under this section if such employees are--

(1) neither managers nor supervisors; and

(2) within a unit with respect to which a labor

organization is accorded exclusive recognition under

chapter 71 of title 5, United States Code.

Notwithstanding the preceding sentence, an aggrieved employee

within a unit (referred to in paragraph (2)) may elect to

participate in a complaint procedure developed under the

demonstration project in lieu of any negotiated grievance

procedure and any statutory procedure (as such term is used in

section 7121 of such title 5).

(f) Reports.--The General Accounting Office shall prepare

and submit to the Committees on Government Reform and the

Judiciary of the House of Representatives and the Committees on

Governmental Affairs and the Judiciary of the Senate periodic

reports on any demonstration project conducted under this

section, such reports to be submitted after the second and

fourth years of its operation. Upon request, the Attorney

General or the Secretary shall furnish such information as the

General Accounting Office may require to carry out this

subsection.

(g) Definition.--In this section, the term ``covered

entity'' has the meaning given such term in section 472(a)(2).

SEC. 474. [6 U.S.C. 294] SENSE OF CONGRESS.

It is the sense of Congress that--

(1) the missions of the Bureau of Border Security

and the Bureau of Citizenship and Immigration Services

are equally important and, accordingly, they each

should be adequately funded; and

(2) the functions transferred under this subtitle

should not, after such transfers take effect, operate

at levels below those in effect prior to the enactment

of this Act.

SEC. 475. [6 U.S.C. 295] DIRECTOR OF SHARED SERVICES.

(a) In General.--Within the Office of Deputy Secretary,

there shall be a Director of Shared Services.

(b) Functions.--The Director of Shared Services shall be

responsible for the coordination of resources for the Bureau of

Border Security and the Bureau of Citizenship and Immigration

Services, including--

(1) information resources management, including

computer databases and information technology;

(2) records and file management; and

(3) forms management.

SEC. 476. [6 U.S.C. 296] SEPARATION OF FUNDING.

(a) In General.--There shall be established separate

accounts in the Treasury of the United States for appropriated

funds and other deposits available for the Bureau of

Citizenship and Immigration Services and the Bureau of Border

Security.

(b) Separate Budgets.--To ensure that the Bureau of

Citizenship and Immigration Services and the Bureau of Border

Security are funded to the extent necessary to fully carry out

their respective functions, the Director of the Office of

Management and Budget shall separate the budget requests for

each such entity.

(c) Fees.--Fees imposed for a particular service,

application, or benefit shall be deposited into the account

established under subsection (a) that is for the bureau with

jurisdiction over the function to which the fee relates.

(d) Fees Not Transferable.--No fee may be transferred

between the Bureau of Citizenship and Immigration Services and

the Bureau of Border Security for purposes not authorized by

section 286 of the Immigration and Nationality Act (8 U.S.C.

1356).

SEC. 477. [6 U.S.C. 297] REPORTS AND IMPLEMENTATION PLANS.

(a) Division of Funds.--The Secretary, not later than 120

days after the effective date of this Act, shall submit to the

Committees on Appropriations and the Judiciary of the House of

Representatives and of the Senate a report on the proposed

division and transfer of funds, including unexpended funds,

appropriations, and fees, between the Bureau of Citizenship and

Immigration Services and the Bureau of Border Security.

(b) Division of Personnel.--The Secretary, not later than

120 days after the effective date of this Act, shall submit to

the Committees on Appropriations and the Judiciary of the House

of Representatives and of the Senate a report on the proposed

division of personnel between the Bureau of Citizenship and

Immigration Services and the Bureau of Border Security.

(c) Implementation Plan.--

(1) In general.--The Secretary, not later than 120

days after the effective date of this Act, and every 6

months thereafter until the termination of fiscal year

2005, shall submit to the Committees on Appropriations

and the Judiciary of the House of Representatives and

of the Senate an implementation plan to carry out this

Act.

(2) Contents.--The implementation plan should

include details concerning the separation of the Bureau

of Citizenship and Immigration Services and the Bureau

of Border Security, including the following:

(A) Organizational structure, including the

field structure.

(B) Chain of command.

(C) Procedures for interaction among such

bureaus.

(D) Fraud detection and investigation.

(E) The processing and handling of removal

proceedings, including expedited removal and

applications for relief from removal.

(F) Recommendations for conforming

amendments to the Immigration and Nationality

Act (8 U.S.C. 1101 et seq.).

(G) Establishment of a transition team.

(H) Methods to phase in the costs of

separating the administrative support systems

of the Immigration and Naturalization Service

in order to provide for separate administrative

support systems for the Bureau of Citizenship

and Immigration Services and the Bureau of

Border Security.

(d) Comptroller General Studies and Reports.--

(1) Status reports on transition.--Not later than

18 months after the date on which the transfer of

functions specified under section 441 takes effect, and

every 6 months thereafter, until full implementation of

this subtitle has been completed, the Comptroller

General of the United States shall submit to the

Committees on Appropriations and on the Judiciary of

the House of Representatives and the Senate a report

containing the following:

(A) A determination of whether the

transfers of functions made by subtitles D and

E have been completed, and if a transfer of

functions has not taken place, identifying the

reasons why the transfer has not taken place.

(B) If the transfers of functions made by

subtitles D and E have been completed, an

identification of any issues that have arisen

due to the completed transfers.

(C) An identification of any issues that

may arise due to any future transfer of

functions.

(2) Report on management.--Not later than 4 years

after the date on which the transfer of functions

specified under section 441 takes effect, the

Comptroller General of the United States shall submit

to the Committees on Appropriations and on the

Judiciary of the House of Representatives and the

Senate a report, following a study, containing the

following:

(A) Determinations of whether the transfer

of functions from the Immigration and

Naturalization Service to the Bureau of

Citizenship and Immigration Services and the

Bureau of Border Security have improved, with

respect to each function transferred, the

following:

(i) Operations.

(ii) Management, including

accountability and communication.

(iii) Financial administration.

(iv) Recordkeeping, including

information management and technology.

(B) A statement of the reasons for the

determinations under subparagraph (A).

(C) Any recommendations for further

improvements to the Bureau of Citizenship and

Immigration Services and the Bureau of Border

Security.

(3) Report on fees.--Not later than 1 year after

the date of the enactment of this Act, the Comptroller

General of the United States shall submit to the

Committees on the Judiciary of the House of

Representatives and of the Senate a report examining

whether the Bureau of Citizenship and Immigration

Services is likely to derive sufficient funds from fees

to carry out its functions in the absence of

appropriated funds.

SEC. 478. [6 U.S.C. 298] IMMIGRATION FUNCTIONS.

(a) Annual Report.--

(1) In general.--One year after the date of the

enactment of this Act, and each year thereafter, the

Secretary shall submit a report to the President, to

the Committees on the Judiciary and Government Reform

of the House of Representatives, and to the Committees

on the Judiciary and Government Affairs of the Senate,

on the impact the transfers made by this subtitle has

had on immigration functions.

(2) Matter included.--The report shall address the

following with respect to the period covered by the

report:

(A) The aggregate number of all immigration

applications and petitions received, and

processed, by the Department.

(B) Region-by-region statistics on the

aggregate number of immigration applications

and petitions filed by an alien (or filed on

behalf of an alien) and denied, disaggregated

by category of denial and application or

petition type.

(C) The quantity of backlogged immigration

applications and petitions that have been

processed, the aggregate number awaiting

processing, and a detailed plan for eliminating

the backlog.

(D) The average processing period for

immigration applications and petitions,

disaggregated by application or petition type.

(E) The number and types of immigration-

related grievances filed with any official of

the Department of Justice, and if those

grievances were resolved.

(F) Plans to address grievances and improve

immigration services.

(G) Whether immigration-related fees were

used consistent with legal requirements

regarding such use.

(H) Whether immigration-related questions

conveyed by customers to the Department

(whether conveyed in person, by telephone, or

by means of the Internet) were answered

effectively and efficiently.

(b) Sense of Congress Regarding Immigration Services.--It

is the sense of Congress that--

(1) the quality and efficiency of immigration

services rendered by the Federal Government should be

improved after the transfers made by this subtitle take

effect; and

(2) the Secretary should undertake efforts to

guarantee that concerns regarding the quality and

efficiency of immigration services are addressed after

such effective date.

TITLE V--NATIONAL EMERGENCY MANAGEMENT

SEC. 501. [6 U.S.C. 311] DEFINITIONS.

In this title--

(1) the term ``Administrator'' means the

Administrator of the Agency;

(2) the term ``Agency'' means the Federal Emergency

Management Agency;

(3) the term ``catastrophic incident'' means any

natural disaster, act of terrorism, or other man-made

disaster that results in extraordinary levels of

casualties or damage or disruption severely affecting

the population (including mass evacuations),

infrastructure, environment, economy, national morale,

or government functions in an area;

(4) the terms ``credentialed'' and

``credentialing'' mean having provided, or providing,

respectively, documentation that identifies personnel

and authenticates and verifies the qualifications of

such personnel by ensuring that such personnel possess

a minimum common level of training, experience,

physical and medical fitness, and capability

appropriate for a particular position in accordance

with standards created under section 510;

(5) the term ``Federal coordinating officer'' means

a Federal coordinating officer as described in section

302 of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C. 5143);

(6) the term ``interoperable'' has the meaning

given the term ``interoperable communications'' under

section 7303(g)(1) of the Intelligence Reform and

Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1));

(7) the term ``National Incident Management

System'' means a system to enable effective, efficient,

and collaborative incident management;

(8) the term ``National Response Plan'' means the

National Response Plan or any successor plan prepared

under section 502(a)(6);

(9) the term ``Regional Administrator'' means a

Regional Administrator appointed under section 507;

(10) the term ``Regional Office'' means a Regional

Office established under section 507;

(11) the term ``resources'' means personnel and

major items of equipment, supplies, and facilities

available or potentially available for responding to a

natural disaster, act of terrorism, or other man-made

disaster;

(12) the term ``surge capacity'' means the ability

to rapidly and substantially increase the provision of

search and rescue capabilities, food, water, medicine,

shelter and housing, medical care, evacuation capacity,

staffing (including disaster assistance employees), and

other resources necessary to save lives and protect

property during a catastrophic incident;

(13) the term ``tribal government'' means the

government of any entity described in section 2(11)(B);

and

(14) the terms ``typed'' and ``typing'' mean having

evaluated, or evaluating, respectively, a resource in

accordance with standards created under section 510.

SEC. 502. [6 U.S.C. 312] DEFINITION.

In this title, the term ``Nuclear Incident Response Team''

means a resource that includes--

(1) those entities of the Department of Energy that

perform nuclear or radiological emergency support

functions (including accident response, search

response, advisory, and technical operations

functions), radiation exposure functions at the medical

assistance facility known as the Radiation Emergency

Assistance Center/Training Site (REAC/TS), radiological

assistance functions, and related functions; and

(2) those entities of the Environmental Protection

Agency that perform such support functions (including

radiological emergency response functions) and related

functions.

SEC. 503. [6 U.S.C. 313] FEDERAL EMERGENCY MANAGEMENT AGENCY.

(a) In General.--There is in the Department the Federal

Emergency Management Agency, headed by an Administrator.

(b) Mission.--

(1) Primary mission.--The primary mission of the

Agency is to reduce the loss of life and property and

protect the Nation from all hazards, including natural

disasters, acts of terrorism, and other man-made

disasters, by leading and supporting the Nation in a

risk-based, comprehensive emergency management system

of preparedness, protection, response, recovery, and

mitigation.

(2) Specific activities.--In support of the primary

mission of the Agency, the Administrator shall--

(A) lead the Nation's efforts to prepare

for, protect against, respond to, recover from,

and mitigate against the risk of natural

disasters, acts of terrorism, and other man-

made disasters, including catastrophic

incidents;

(B) partner with State, local, and tribal

governments and emergency response providers,

with other Federal agencies, with the private

sector, and with nongovernmental organizations

to build a national system of emergency

management that can effectively and efficiently

utilize the full measure of the Nation's

resources to respond to natural disasters, acts

of terrorism, and other man-made disasters,

including catastrophic incidents;

(C) develop a Federal response capability

that, when necessary and appropriate, can act

effectively and rapidly to deliver assistance

essential to saving lives or protecting or

preserving property or public health and safety

in a natural disaster, act of terrorism, or

other man-made disaster;

(D) integrate the Agency's emergency

preparedness, protection, response, recovery,

and mitigation responsibilities to confront

effectively the challenges of a natural

disaster, act of terrorism, or other man-made

disaster;

(E) develop and maintain robust Regional

Offices that will work with State, local, and

tribal governments, emergency response

providers, and other appropriate entities to

identify and address regional priorities;

(F) under the leadership of the Secretary,

coordinate with the Commandant of the Coast

Guard, the Director of Customs and Border

Protection, the Director of Immigration and

Customs Enforcement, the National Operations

Center, and other agencies and offices in the

Department to take full advantage of the

substantial range of resources in the

Department;

(G) provide funding, training, exercises,

technical assistance, planning, and other

assistance to build tribal, local, State,

regional, and national capabilities (including

communications capabilities), necessary to

respond to a natural disaster, act of

terrorism, or other man-made disaster; and

(H) develop and coordinate the

implementation of a risk-based, all-hazards

strategy for preparedness that builds those

common capabilities necessary to respond to

natural disasters, acts of terrorism, and other

man-made disasters while also building the

unique capabilities necessary to respond to

specific types of incidents that pose the

greatest risk to our Nation.

(c) Administrator.--

(1) In general.--The Administrator shall be

appointed by the President, by and with the advice and

consent of the Senate.

(2) Qualifications.--The Administrator shall be

appointed from among individuals who have--

(A) a demonstrated ability in and knowledge

of emergency management and homeland security;

and

(B) not less than 5 years of executive

leadership and management experience in the

public or private sector.

(3) Reporting.--The Administrator shall report to

the Secretary, without being required to report through

any other official of the Department.

(4) Principal advisor on emergency management.--

(A) In general.--The Administrator is the

principal advisor to the President, the

Homeland Security Council, and the Secretary

for all matters relating to emergency

management in the United States.

(B) Advice and recommendations.--

(i) In general.--In presenting

advice with respect to any matter to

the President, the Homeland Security

Council, or the Secretary, the

Administrator shall, as the

Administrator considers appropriate,

inform the President, the Homeland

Security Council, or the Secretary, as

the case may be, of the range of

emergency preparedness, protection,

response, recovery, and mitigation

options with respect to that matter.

(ii) Advice on request.--The

Administrator, as the principal advisor

on emergency management, shall provide

advice to the President, the Homeland

Security Council, or the Secretary on a

particular matter when the President,

the Homeland Security Council, or the

Secretary requests such advice.

(iii) Recommendations to

congress.--After informing the

Secretary, the Administrator may make

such recommendations to Congress

relating to emergency management as the

Administrator considers appropriate.

(5) Cabinet status.--

(A) In general.--The President may

designate the Administrator to serve as a

member of the Cabinet in the event of natural

disasters, acts of terrorism, or other man-made

disasters.

(B) Retention of authority.--Nothing in

this paragraph shall be construed as affecting

the authority of the Secretary under this Act.

SEC. 504. [6 U.S.C. 314] AUTHORITY AND RESPONSIBILITIES.

(a) In General.--The Administrator shall provide Federal

leadership necessary to prepare for, protect against, respond

to, recover from, or mitigate against a natural disaster, act

of terrorism, or other man-made disaster, including--

(1) helping to ensure the effectiveness of

emergency response providers to terrorist attacks,

major disasters, and other emergencies;

(2) with respect to the Nuclear Incident Response

Team (regardless of whether it is operating as an

organizational unit of the Department pursuant to this

title)--

(A) establishing standards and certifying

when those standards have been met;

(B) conducting joint and other exercises

and training and evaluating performance; and

(C) providing funds to the Department of

Energy and the Environmental Protection Agency,

as appropriate, for homeland security planning,

exercises and training, and equipment;

(3) providing the Federal Government's response to

terrorist attacks and major disasters, including--

(A) managing such response;

(B) directing the Domestic Emergency

Support Team, the National Disaster Medical

System, \1\ and (when operating as an

organizational unit of the Department pursuant

to this title) the Nuclear Incident Response

Team;

---------------------------------------------------------------------------

\1\ The phrase ``, the National Disaster Medical System,'' in

subsection (a)(3)(B) probably should not appear. Section 301(c)(1) of

Public Law 109-417 (120 Stat. 2854) provides for an amendment to the

Homeland Security Act of 2002 as follows:

(1) in section 502(3)(B), by striking ``, the National

---------------------------------------------------------------------------

Disaster Medical System,''; and

The amendment was not executed because section 502 of the Homeland

Security Act of 2002 was redesignated as section 504 by section 611(8)

of Public Law 109-295 (120 Stat 1395).

---------------------------------------------------------------------------

(C) overseeing the Metropolitan Medical

Response System; and

(D) coordinating other Federal response

resources, including requiring deployment of

the Strategic National Stockpile, in the event

of a terrorist attack or major disaster;

(4) aiding the recovery from terrorist attacks and

major disasters;

(5) building a comprehensive national incident

management system with Federal, State, and local

government personnel, agencies, and authorities, to

respond to such attacks and disasters;

(6) consolidating existing Federal Government

emergency response plans into a single, coordinated

national response plan;

(7) helping ensure the acquisition of operable and

interoperable communications capabilities by Federal,

State, local, and tribal governments and emergency

response providers;

(8) assisting the President in carrying out the

functions under the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42 U.S.C. 5121 et seq.)

and carrying out all functions and authorities given to

the Administrator under that Act;

(9) carrying out the mission of the Agency to

reduce the loss of life and property and protect the

Nation from all hazards by leading and supporting the

Nation in a risk-based, comprehensive emergency

management system of--

(A) mitigation, by taking sustained actions

to reduce or eliminate long-term risks to

people and property from hazards and their

effects;

(B) preparedness, by planning, training,

and building the emergency management

profession to prepare effectively for, mitigate

against, respond to, and recover from any

hazard;

(C) response, by conducting emergency

operations to save lives and property through

positioning emergency equipment, personnel, and

supplies, through evacuating potential victims,

through providing food, water, shelter, and

medical care to those in need, and through

restoring critical public services; and

(D) recovery, by rebuilding communities so

individuals, businesses, and governments can

function on their own, return to normal life,

and protect against future hazards;

(10) increasing efficiencies, by coordinating

efforts relating to preparedness, protection, response,

recovery, and mitigation;

(11) helping to ensure the effectiveness of

emergency response providers in responding to a natural

disaster, act of terrorism, or other man-made disaster;

(12) supervising grant programs administered by the

Agency;

(13) administering and ensuring the implementation

of the National Response Plan, including coordinating

and ensuring the readiness of each emergency support

function under the National Response Plan;

(14) coordinating with the National Advisory

Council established under section 508;

(15) preparing and implementing the plans and

programs of the Federal Government for--

(A) continuity of operations;

(B) continuity of government; and

(C) continuity of plans;

(16) minimizing, to the extent practicable,

overlapping planning and reporting requirements

applicable to State, local, and tribal governments and

the private sector;

(17) maintaining and operating within the Agency

the National Response Coordination Center or its

successor;

(18) developing a national emergency management

system that is capable of preparing for, protecting

against, responding to, recovering from, and mitigating

against catastrophic incidents;

(19) assisting the President in carrying out the

functions under the national preparedness goal and the

national preparedness system and carrying out all

functions and authorities of the Administrator under

the national preparedness System;

(20) carrying out all authorities of the Federal

Emergency Management Agency and the Directorate of

Preparedness of the Department as transferred under

section 505; and

(21) otherwise carrying out the mission of the

Agency as described in section 503(b).

(b) All-Hazards Approach.--In carrying out the

responsibilities under this section, the Administrator shall

coordinate the implementation of a risk-based, all-hazards

strategy that builds those common capabilities necessary to

prepare for, protect against, respond to, recover from, or

mitigate against natural disasters, acts of terrorism, and

other man-made disasters, while also building the unique

capabilities necessary to prepare for, protect against, respond

to, recover from, or mitigate against the risks of specific

types of incidents that pose the greatest risk to the Nation.

SEC. 505. [6 U.S.C. 315] FUNCTIONS TRANSFERRED.

(a) In General.--Except as provided in subsection (b),

there are transferred to the Agency the following:

(1) All functions of the Federal Emergency

Management Agency, including existing responsibilities

for emergency alert systems and continuity of

operations and continuity of government plans and

programs as constituted on June 1, 2006, including all

of its personnel, assets, components, authorities,

grant programs, and liabilities, and including the

functions of the Under Secretary for Federal Emergency

Management relating thereto.

(2) The Directorate of Preparedness, as constituted

on June 1, 2006, including all of its functions,

personnel, assets, components, authorities, grant

programs, and liabilities, and including the functions

of the Under Secretary for Preparedness relating

thereto.

(b) Exceptions.--The following within the Preparedness

Directorate shall not be transferred:

(1) The Office of Infrastructure Protection.

(2) The National Communications System.

(3) The National Cybersecurity Division.

(4) The Office of the Chief Medical Officer.

(5) The functions, personnel, assets, components,

authorities, and liabilities of each component

described under paragraphs (1) through (4).

SEC. 506. [6 U.S.C. 316] PRESERVING THE FEDERAL EMERGENCY MANAGEMENT

AGENCY.

(a) Distinct Entity.--The Agency shall be maintained as a

distinct entity within the Department.

(b) Reorganization.--Section 872 shall not apply to the

Agency, including any function or organizational unit of the

Agency.

(c) Prohibition on Changes to Missions.--

(1) In general.--The Secretary may not

substantially or significantly reduce the authorities,

responsibilities, or functions of the Agency or the

capability of the Agency to perform those missions,

authorities, responsibilities, except as otherwise

specifically provided in an Act enacted after the date

of enactment of the Post-Katrina Emergency Management

Reform Act of 2006.

(2) Certain transfers prohibited.--No asset,

function, or mission of the Agency may be diverted to

the principal and continuing use of any other

organization, unit, or entity of the Department, except

for details or assignments that do not reduce the

capability of the Agency to perform its missions.

(d) Reprogramming and Transfer of Funds.--In reprogramming

or transferring funds, the Secretary shall comply with any

applicable provisions of any Act making appropriations for the

Department for fiscal year 2007, or any succeeding fiscal year,

relating to the reprogramming or transfer of funds.

SEC. 507. [6 U.S.C. 317] REGIONAL OFFICES.

(a) In General.--There are in the Agency 10 regional

offices, as identified by the Administrator.

(b) Management of Regional Offices.--

(1) Regional administrator.--Each Regional Office

shall be headed by a Regional Administrator who shall

be appointed by the Administrator, after consulting

with State, local, and tribal government officials in

the region. Each Regional Administrator shall report

directly to the Administrator and be in the Senior

Executive Service.

(2) Qualifications.--

(A) In general.--Each Regional

Administrator shall be appointed from among

individuals who have a demonstrated ability in

and knowledge of emergency management and

homeland security.

(B) Considerations.--In selecting a

Regional Administrator for a Regional Office,

the Administrator shall consider the

familiarity of an individual with the

geographical area and demographic

characteristics of the population served by

such Regional Office.

(c) Responsibilities.--

(1) In general.--The Regional Administrator shall

work in partnership with State, local, and tribal

governments, emergency managers, emergency response

providers, medical providers, the private sector,

nongovernmental organizations, multijurisdictional

councils of governments, and regional planning

commissions and organizations in the geographical area

served by the Regional Office to carry out the

responsibilities of a Regional Administrator under this

section.

(2) Responsibilities.--The responsibilities of a

Regional Administrator include--

(A) ensuring effective, coordinated, and

integrated regional preparedness, protection,

response, recovery, and mitigation activities

and programs for natural disasters, acts of

terrorism, and other man-made disasters

(including planning, training, exercises, and

professional development);

(B) assisting in the development of

regional capabilities needed for a national

catastrophic response system;

(C) coordinating the establishment of

effective regional operable and interoperable

emergency communications capabilities;

(D) staffing and overseeing 1 or more

strike teams within the region under subsection

(f), to serve as the focal point of the Federal

Government's initial response efforts for

natural disasters, acts of terrorism, and other

man-made disasters within that region, and

otherwise building Federal response

capabilities to respond to natural disasters,

acts of terrorism, and other man-made disasters

within that region;

(E) designating an individual responsible

for the development of strategic and

operational regional plans in support of the

National Response Plan;

(F) fostering the development of mutual aid

and other cooperative agreements;

(G) identifying critical gaps in regional

capabilities to respond to populations with

special needs;

(H) maintaining and operating a Regional

Response Coordination Center or its successor;

(I) coordinating with the private sector to

help ensure private sector preparedness for

natural disasters, acts of terrorism, and other

man-made disasters;

(J) assisting State, local, and tribal

governments, where appropriate, to preidentify

and evaluate suitable sites where a

multijurisdictional incident command system may

quickly be established and operated from, if

the need for such a system arises; and

(K) performing such other duties relating

to such responsibilities as the Administrator

may require.

(3) Training and exercise requirements.--

(A) Training.--The Administrator shall

require each Regional Administrator to undergo

specific training periodically to complement

the qualifications of the Regional

Administrator. Such training, as appropriate,

shall include training with respect to the

National Incident Management System, the

National Response Plan, and such other subjects

as determined by the Administrator.

(B) Exercises.--The Administrator shall

require each Regional Administrator to

participate as appropriate in regional and

national exercises.

(d) Area Offices.--

(1) In general.--There is an Area Office for the

Pacific and an Area Office for the Caribbean, as

components in the appropriate Regional Offices.

(2) Alaska.--The Administrator shall establish an

Area Office in Alaska, as a component in the

appropriate Regional Office.

(e) Regional Advisory Council.--

(1) Establishment.--Each Regional Administrator

shall establish a Regional Advisory Council.

(2) Nominations.--A State, local, or tribal

government located within the geographic area served by

the Regional Office may nominate officials, including

Adjutants General and emergency managers, to serve as

members of the Regional Advisory Council for that

region.

(3) Responsibilities.--Each Regional Advisory

Council shall--

(A) advise the Regional Administrator on

emergency management issues specific to that

region;

(B) identify any geographic, demographic,

or other characteristics peculiar to any State,

local, or tribal government within the region

that might make preparedness, protection,

response, recovery, or mitigation more

complicated or difficult; and

(C) advise the Regional Administrator of

any weaknesses or deficiencies in preparedness,

protection, response, recovery, and mitigation

for any State, local, and tribal government

within the region of which the Regional

Advisory Council is aware.

(f) Regional Office Strike Teams.--

(1) In general.--In coordination with other

relevant Federal agencies, each Regional Administrator

shall oversee multi-agency strike teams authorized

under section 303 of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5144)

that shall consist of--

(A) a designated Federal coordinating

officer;

(B) personnel trained in incident

management;

(C) public affairs, response and recovery,

and communications support personnel;

(D) a defense coordinating officer;

(E) liaisons to other Federal agencies;

(F) such other personnel as the

Administrator or Regional Administrator

determines appropriate; and

(G) individuals from the agencies with

primary responsibility for each of the

emergency support functions in the National

Response Plan.

(2) Other duties.--The duties of an individual

assigned to a Regional Office strike team from another

relevant agency when such individual is not functioning

as a member of the strike team shall be consistent with

the emergency preparedness activities of the agency

that employs such individual.

(3) Location of members.--The members of each

Regional Office strike team, including representatives

from agencies other than the Department, shall be based

primarily within the region that corresponds to that

strike team.

(4) Coordination.--Each Regional Office strike team

shall coordinate the training and exercises of that

strike team with the State, local, and tribal

governments and private sector and nongovernmental

entities which the strike team shall support when a

natural disaster, act of terrorism, or other man-made

disaster occurs.

(5) Preparedness.--Each Regional Office strike team

shall be trained as a unit on a regular basis and

equipped and staffed to be well prepared to respond to

natural disasters, acts of terrorism, and other man-

made disasters, including catastrophic incidents.

(6) Authorities.--If the Administrator determines

that statutory authority is inadequate for the

preparedness and deployment of individuals in strike

teams under this subsection, the Administrator shall

report to Congress regarding the additional statutory

authorities that the Administrator determines are

necessary.

SEC. 508. [6 U.S.C. 318] NATIONAL ADVISORY COUNCIL.

(a) Establishment.--Not later than 60 days after the date

of enactment of the Post-Katrina Emergency Management Reform

Act of 2006, the Secretary shall establish an advisory body

under section 871(a) to ensure effective and ongoing

coordination of Federal preparedness, protection, response,

recovery, and mitigation for natural disasters, acts of

terrorism, and other man-made disasters, to be known as the

National Advisory Council.

(b) Responsibilities.--

(1) In general.--The National Advisory Council

shall advise the Administrator on all aspects of

emergency management. The National Advisory Council

shall incorporate State, local, and tribal government

and private sector input in the development and

revision of the national preparedness goal, the

national preparedness system, the National Incident

Management System, the National Response Plan, and

other related plans and strategies.

(2) Consultation on grants.--To ensure input from

and coordination with State, local, and tribal

governments and emergency response providers, the

Administrator shall regularly consult and work with the

National Advisory Council on the administration and

assessment of grant programs administered by the

Department, including with respect to the development

of program guidance and the development and evaluation

of risk-assessment methodologies, as appropriate.

(c) Membership.--

(1) In general.--The members of the National

Advisory Council shall be appointed by the

Administrator, and shall, to the extent practicable,

represent a geographic (including urban and rural) and

substantive cross section of officials, emergency

managers, and emergency response providers from State,

local, and tribal governments, the private sector, and

nongovernmental organizations, including as

appropriate--

(A) members selected from the emergency

management field and emergency response

providers, including fire service, law

enforcement, hazardous materials response,

emergency medical services, and emergency

management personnel, or organizations

representing such individuals;

(B) health scientists, emergency and

inpatient medical providers, and public health

professionals;

(C) experts from Federal, State, local, and

tribal governments, and the private sector,

representing standards-setting and accrediting

organizations, including representatives from

the voluntary consensus codes and standards

development community, particularly those with

expertise in the emergency preparedness and

response field;

(D) State, local, and tribal government

officials with expertise in preparedness,

protection, response, recovery, and mitigation,

including Adjutants General;

(E) elected State, local, and tribal

government executives;

(F) experts in public and private sector

infrastructure protection, cybersecurity, and

communications;

(G) representatives of individuals with

disabilities and other populations with special

needs; and

(H) such other individuals as the

Administrator determines to be appropriate.

(2) Coordination with the departments of health and

human services and transportation.--In the selection of

members of the National Advisory Council who are health

or emergency medical services professionals, the

Administrator shall work with the Secretary of Health

and Human Services and the Secretary of Transportation.

(3) Ex officio members.--The Administrator shall

designate 1 or more officers of the Federal Government

to serve as ex officio members of the National Advisory

Council.

(4) Terms of office.--

(A) In general.--Except as provided in

subparagraph (B), the term of office of each

member of the National Advisory Council shall

be 3 years.

(B) Initial appointments.--Of the members

initially appointed to the National Advisory

Council--

(i) one-third shall be appointed

for a term of 1 year; and

(ii) one-third shall be appointed

for a term of 2 years.

(d) Applicability of Federal Advisory Committee Act.--

(1) In general.--Notwithstanding section 871(a) and

subject to paragraph (2), the Federal Advisory

Committee Act (5 U.S.C. App.), including subsections

(a), (b), and (d) of section 10 of such Act, and

section 552b(c) of title 5, United States Code, shall

apply to the National Advisory Council.

(2) Termination.--Section 14(a)(2) of the Federal

Advisory Committee Act (5 U.S.C. App.) shall not apply

to the National Advisory Council.

SEC. 509. [6 U.S.C. 319] NATIONAL INTEGRATION CENTER.

(a) In General.--There is established in the Agency a

National Integration Center.

(b) Responsibilities.--

(1) In general.--The Administrator, through the

National Integration Center, and in consultation with

other Federal departments and agencies and the National

Advisory Council, shall ensure ongoing management and

maintenance of the National Incident Management System,

the National Response Plan, and any successor to such

system or plan.

(2) Specific responsibilities.--The National

Integration Center shall periodically review, and

revise as appropriate, the National Incident Management

System and the National Response Plan, including--

(A) establishing, in consultation with the

Director of the Corporation for National and

Community Service, a process to better use

volunteers and donations;

(B) improving the use of Federal, State,

local, and tribal resources and ensuring the

effective use of emergency response providers

at emergency scenes; and

(C) revising the Catastrophic Incident

Annex, finalizing and releasing the

Catastrophic Incident Supplement to the

National Response Plan, and ensuring that both

effectively address response requirements in

the event of a catastrophic incident.

(c) Incident Management.--

(1) In general.--

(A) National response plan.--The Secretary,

acting through the Administrator, shall ensure

that the National Response Plan provides for a

clear chain of command to lead and coordinate

the Federal response to any natural disaster,

act of terrorism, or other man-made disaster.

(B) Administrator.--The chain of the

command specified in the National Response Plan

shall--

(i) provide for a role for the

Administrator consistent with the role

of the Administrator as the principal

emergency management advisor to the

President, the Homeland Security

Council, and the Secretary under

section 503(c)(4) and the

responsibility of the Administrator

under the Post-Katrina Emergency

Management Reform Act of 2006, and the

amendments made by that Act, relating

to natural disasters, acts of

terrorism, and other man-made

disasters; and

(ii) provide for a role for the

Federal Coordinating Officer consistent

with the responsibilities under section

302(b) of the Robert T. Stafford

Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5143(b)).

(2) Principal federal official.--The Principal

Federal Official (or the successor thereto) shall not--

(A) direct or replace the incident command

structure established at the incident; or

(B) have directive authority over the

Senior Federal Law Enforcement Official,

Federal Coordinating Officer, or other Federal

and State officials.

SEC. 510. [6 U.S.C. 320] CREDENTIALING AND TYPING.

(a) In General.--The Administrator shall enter into a

memorandum of understanding with the administrators of the

Emergency Management Assistance Compact, State, local, and

tribal governments, and organizations that represent emergency

response providers, to collaborate on developing standards for

deployment capabilities, including for credentialing and typing

of incident management personnel, emergency response providers,

and other personnel (including temporary personnel) and

resources likely needed to respond to natural disasters, acts

of terrorism, and other man-made disasters.

(b) Distribution.--

(1) In general.--Not later than 1 year after the

date of enactment of the Implementing Recommendations

of the 9/11 Commission Act of 2007, the Administrator

shall provide the standards developed under subsection

(a), including detailed written guidance, to--

(A) each Federal agency that has

responsibilities under the National Response

Plan to aid that agency with credentialing and

typing incident management personnel, emergency

response providers, and other personnel

(including temporary personnel) and resources

likely needed to respond to a natural disaster,

act of terrorism, or other man-made disaster;

and

(B) State, local, and tribal governments,

to aid such governments with credentialing and

typing of State, local, and tribal incident

management personnel, emergency response

providers, and other personnel (including

temporary personnel) and resources likely

needed to respond to a natural disaster, act of

terrorism, or other man-made disaster.

(2) Assistance.--The Administrator shall provide

expertise and technical assistance to aid Federal,

State, local, and tribal government agencies with

credentialing and typing incident management personnel,

emergency response providers, and other personnel

(including temporary personnel) and resources likely

needed to respond to a natural disaster, act of

terrorism, or other man-made disaster.

(c) Credentialing and Typing of Personnel.--Not later than

6 months after receiving the standards provided under

subsection (b), each Federal agency with responsibilities under

the National Response Plan shall ensure that incident

management personnel, emergency response providers, and other

personnel (including temporary personnel) and resources likely

needed to respond to a natural disaster, act of terrorism, or

other manmade disaster are credentialed and typed in accordance

with this section.

(d) Consultation on Health Care Standards.--In developing

standards for credentialing health care professionals under

this section, the Administrator shall consult with the

Secretary of Health and Human Services.

SEC. 511. [6 U.S.C. 321] THE NATIONAL INFRASTRUCTURE SIMULATION AND

ANALYSIS CENTER.

(a) Definition.--In this section, the term ``National

Infrastructure Simulation and Analysis Center'' means the

National Infrastructure Simulation and Analysis Center

established under section 1016(d) of the USA PATRIOT Act (42

U.S.C. 5195c(d)).

(b) Authority.--

(1) In general.--There is in the Department the

National Infrastructure Simulation and Analysis Center

which shall serve as a source of national expertise to

address critical infrastructure protection and

continuity through support for activities related to--

(A) counterterrorism, threat assessment,

and risk mitigation; and

(B) a natural disaster, act of terrorism,

or other man-made disaster.

(2) Infrastructure modeling.--

(A) Particular support.--The support

provided under paragraph (1) shall include

modeling, simulation, and analysis of the

systems and assets comprising critical

infrastructure, in order to enhance

preparedness, protection, response, recovery,

and mitigation activities.

(B) Relationship with other agencies.--Each

Federal agency and department with critical

infrastructure responsibilities under Homeland

Security Presidential Directive 7, or any

successor to such directive, shall establish a

formal relationship, including an agreement

regarding information sharing, between the

elements of such agency or department and the

National Infrastructure Simulation and Analysis

Center, through the Department.

(C) Purpose.--

(i) In general.--The purpose of the

relationship under subparagraph (B)

shall be to permit each Federal agency

and department described in

subparagraph (B) to take full advantage

of the capabilities of the National

Infrastructure Simulation and Analysis

Center (particularly vulnerability and

consequence analysis), consistent with

its work load capacity and priorities,

for real-time response to reported and

projected natural disasters, acts of

terrorism, and other man-made

disasters.

(ii) Recipient of certain

support.--Modeling, simulation, and

analysis provided under this subsection

shall be provided to relevant Federal

agencies and departments, including

Federal agencies and departments with

critical infrastructure

responsibilities under Homeland

Security Presidential Directive 7, or

any successor to such directive.

SEC. 512. [6 U.S.C. 321A] EVACUATION PLANS AND EXERCISES.

(a) In General.--Notwithstanding any other provision of

law, and subject to subsection (d), grants made to States or

local or tribal governments by the Department through the State

Homeland Security Grant Program or the Urban Area Security

Initiative may be used to--

(1) establish programs for the development and

maintenance of mass evacuation plans under subsection

(b) in the event of a natural disaster, act of

terrorism, or other man-made disaster;

(2) prepare for the execution of such plans,

including the development of evacuation routes and the

purchase and stockpiling of necessary supplies and

shelters; and

(3) conduct exercises of such plans.

(b) Plan Development.--In developing the mass evacuation

plans authorized under subsection (a), each State, local, or

tribal government shall, to the maximum extent practicable--

(1) establish incident command and decision making

processes;

(2) ensure that State, local, and tribal government

plans, including evacuation routes, are coordinated and

integrated;

(3) identify primary and alternative evacuation

routes and methods to increase evacuation capabilities

along such routes such as conversion of two-way traffic

to one-way evacuation routes;

(4) identify evacuation transportation modes and

capabilities, including the use of mass and public

transit capabilities, and coordinating and integrating

evacuation plans for all populations including for

those individuals located in hospitals, nursing homes,

and other institutional living facilities;

(5) develop procedures for informing the public of

evacuation plans before and during an evacuation,

including individuals--

(A) with disabilities or other special

needs, including the elderly;

(B) with limited English proficiency; or

(C) who might otherwise have difficulty in

obtaining such information; and

(6) identify shelter locations and capabilities.

(c) Assistance.--

(1) In general.--The Administrator may establish

any guidelines, standards, or requirements determined

appropriate to administer this section and to ensure

effective mass evacuation planning for State, local,

and tribal areas.

(2) Requested assistance.--The Administrator shall

make assistance available upon request of a State,

local, or tribal government to assist hospitals,

nursing homes, and other institutions that house

individuals with special needs to establish, maintain,

and exercise mass evacuation plans that are coordinated

and integrated into the plans developed by that State,

local, or tribal government under this section.

(d) Multipurpose Funds.--Nothing in this section may be

construed to preclude a State, local, or tribal government from

using grant funds in a manner that enhances preparedness for a

natural or man-made disaster unrelated to an act of terrorism,

if such use assists such government in building capabilities

for terrorism preparedness.

SEC. 513. [6 U.S.C. 321B] DISABILITY COORDINATOR.

(a) In General.--After consultation with organizations

representing individuals with disabilities, the National

Council on Disabilities, and the Interagency Coordinating

Council on Preparedness and Individuals with Disabilities,

established under Executive Order No. 13347 (6 U.S.C. 312

note), the Administrator shall appoint a Disability

Coordinator. The Disability Coordinator shall report directly

to the Administrator, in order to ensure that the needs of

individuals with disabilities are being properly addressed in

emergency preparedness and disaster relief.

(b) Responsibilities.--The Disability Coordinator shall be

responsible for--

(1) providing guidance and coordination on matters

related to individuals with disabilities in emergency

planning requirements and relief efforts in the event

of a natural disaster, act of terrorism, or other man-

made disaster;

(2) interacting with the staff of the Agency, the

National Council on Disabilities, the Interagency

Coordinating Council on Preparedness and Individuals

with Disabilities established under Executive Order No.

13347 (6 U.S.C. 312 note), other agencies of the

Federal Government, and State, local, and tribal

government authorities regarding the needs of

individuals with disabilities in emergency planning

requirements and relief efforts in the event of a

natural disaster, act of terrorism, or other man-made

disaster;

(3) consulting with organizations that represent

the interests and rights of individuals with

disabilities about the needs of individuals with

disabilities in emergency planning requirements and

relief efforts in the event of a natural disaster, act

of terrorism, or other man-made disaster;

(4) ensuring the coordination and dissemination of

best practices and model evacuation plans for

individuals with disabilities;

(5) ensuring the development of training materials

and a curriculum for training of emergency response

providers, State, local, and tribal government

officials, and others on the needs of individuals with

disabilities;

(6) promoting the accessibility of telephone

hotlines and websites regarding emergency preparedness,

evacuations, and disaster relief;

(7) working to ensure that video programming

distributors, including broadcasters, cable operators,

and satellite television services, make emergency

information accessible to individuals with hearing and

vision disabilities;

(8) ensuring the availability of accessible

transportation options for individuals with

disabilities in the event of an evacuation;

(9) providing guidance and implementing policies to

ensure that the rights and wishes of individuals with

disabilities regarding post-evacuation residency and

relocation are respected;

(10) ensuring that meeting the needs of individuals

with disabilities are included in the components of the

national preparedness system established under section

644 of the Post-Katrina Emergency Management Reform Act

of 2006; and

(11) any other duties as assigned by the

Administrator.

SEC. 514. [6 U.S.C. 321C] DEPARTMENT AND AGENCY OFFICIALS.

(a) Deputy Administrators.--The President may appoint, by

and with the advice and consent of the Senate, not more than 4

Deputy Administrators to assist the Administrator in carrying

out this title.

(b) Cybersecurity and Communications.--There is in the

Department an Assistant Secretary for Cybersecurity and

Communications.

(c) United States Fire Administration.--The Administrator

of the United States Fire Administration shall have a rank

equivalent to an assistant secretary of the Department.

SEC. 515. [6 U.S.C. 321D] NATIONAL OPERATIONS CENTER.

(a) Definition.--In this section, the term ``situational

awareness'' means information gathered from a variety of

sources that, when communicated to emergency managers and

decision makers, can form the basis for incident management

decisionmaking.

(b) Establishment.--The National Operations Center is the

principal operations center for the Department and shall--

(1) provide situational awareness and a common

operating picture for the entire Federal Government,

and for State, local, and tribal governments as

appropriate, in the event of a natural disaster, act of

terrorism, or other man-made disaster; and

(2) ensure that critical terrorism and disaster-

related information reaches government decision-makers.

(c) State and Local Fire Service Representation.--

(1) Establishment of position.--The Secretary

shall, in consultation with the Administrator of the

United States Fire Administration, establish a fire

service position at the National Operations Center

established under subsection (b) to ensure the

effective sharing of information between the Federal

Government and State and local fire services.

(2) Designation of position.--The Secretary shall

designate, on a rotating basis, a State or local fire

service official for the position described in

paragraph (1).

(3) Management.--The Secretary shall manage the

position established pursuant to paragraph (1) in

accordance with such rules, regulations, and practices

as govern other similar rotating positions at the

National Operations Center.

SEC. 516. [6 U.S.C. 321E] CHIEF MEDICAL OFFICER.

(a) In General.--There is in the Department a Chief Medical

Officer, who shall be appointed by the President, by and with

the advice and consent of the Senate.

(b) Qualifications.--The individual appointed as Chief

Medical Officer shall possess a demonstrated ability in and

knowledge of medicine and public health.

(c) Responsibilities.--The Chief Medical Officer shall have

the primary responsibility within the Department for medical

issues related to natural disasters, acts of terrorism, and

other man-made disasters, including--

(1) serving as the principal advisor to the

Secretary and the Administrator on medical and public

health issues;

(2) coordinating the biodefense activities of the

Department;

(3) ensuring internal and external coordination of

all medical preparedness and response activities of the

Department, including training, exercises, and

equipment support;

(4) serving as the Department's primary point of

contact with the Department of Agriculture, the

Department of Defense, the Department of Health and

Human Services, the Department of Transportation, the

Department of Veterans Affairs, and other Federal

departments or agencies, on medical and public health

issues;

(5) serving as the Department's primary point of

contact for State, local, and tribal governments, the

medical community, and others within and outside the

Department, with respect to medical and public health

matters;

(6) discharging, in coordination with the Under

Secretary for Science and Technology, the

responsibilities of the Department related to Project

Bioshield; and

(7) performing such other duties relating to such

responsibilities as the Secretary may require.

SEC. 517. [6 U.S.C. 321F] NUCLEAR INCIDENT RESPONSE.

(a) In General.--At the direction of the Secretary (in

connection with an actual or threatened terrorist attack, major

disaster, or other emergency in the United States), the Nuclear

Incident Response Team shall operate as an organizational unit

of the Department. While so operating, the Nuclear Incident

Response Team shall be subject to the direction, authority, and

control of the Secretary.

(b) Rule of Construction.--Nothing in this title shall be

construed to limit the ordinary responsibility of the Secretary

of Energy and the Administrator of the Environmental Protection

Agency for organizing, training, equipping, and utilizing their

respective entities in the Nuclear Incident Response Team, or

(subject to the provisions of this title) from exercising

direction, authority, and control over them when they are not

operating as a unit of the Department.

SEC. 518. [6 U.S.C. 321G] CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED

ACTIVITIES.

(a) In General.--With respect to all public health-related

activities to improve State, local, and hospital preparedness

and response to chemical, biological, radiological, and nuclear

and other emerging terrorist threats carried out by the

Department of Health and Human Services (including the Public

Health Service), the Secretary of Health and Human Services

shall set priorities and preparedness goals and further develop

a coordinated strategy for such activities in collaboration

with the Secretary.

(b) Evaluation of Progress.--In carrying out subsection

(a), the Secretary of Health and Human Services shall

collaborate with the Secretary in developing specific

benchmarks and outcome measurements for evaluating progress

toward achieving the priorities and goals described in such

subsection.

SEC. 519. [6 U.S.C. 321H] USE OF NATIONAL PRIVATE SECTOR NETWORKS IN

EMERGENCY RESPONSE.

To the maximum extent practicable, the Secretary shall use

national private sector networks and infrastructure for

emergency response to chemical, biological, radiological,

nuclear, or explosive disasters, and other major disasters.

SEC. 520. [6 U.S.C. 321I] USE OF COMMERCIALLY AVAILABLE TECHNOLOGY,

GOODS, AND SERVICES.

It is the sense of Congress that--

(1) the Secretary should, to the maximum extent

possible, use off-the-shelf commercially developed

technologies to ensure that the Department's

information technology systems allow the Department to

collect, manage, share, analyze, and disseminate

information securely over multiple channels of

communication; and

(2) in order to further the policy of the United

States to avoid competing commercially with the private

sector, the Secretary should rely on commercial sources

to supply the goods and services needed by the

Department.

SEC. 521. [6 U.S.C. 321J] PROCUREMENT OF SECURITY COUNTERMEASURES FOR

STRATEGIC NATIONAL STOCKPILE.

(a) Authorization of Appropriations.--For the procurement

of security countermeasures under section 319F-2(c) of the

Public Health Service Act (referred to in this section as the

``security countermeasures program''), there is authorized to

be appropriated up to $5,593,000,000 for the fiscal years 2004

through 2013. Of the amounts appropriated under the preceding

sentence, not to exceed $3,418,000,000 may be obligated during

the fiscal years 2004 through 2008, of which not to exceed

$890,000,000 may be obligated during fiscal year 2004. None of

the funds made available under this subsection shall be used to

procure countermeasures to diagnose, mitigate, prevent, or

treat harm resulting from any naturally occurring infectious

disease or other public health threat that are not security

countermeasures under section 319F-2(c)(1)(B). \1\

---------------------------------------------------------------------------

\1\ The last sentence in section 521(a) was added to reflect the

probable intent of Congress. Section 403(c) of Public Law 109-417 (120

Stat. 2874) provides as follows:

(c) Limitation on Use of Funds.--Section 510(a) of the Homeland

Security Act of 2002 (6 U.S.C. 320(a)) is amended by adding at the end

the following: ``None of the funds made available under this subsection

shall be used to procure countermeasures to diagnose, mitigate,

prevent, or treat harm resulting from any naturally occurring

infectious disease or other public health threat that are not security

countermeasures under section 319F-2(c)(1)(B).''.

Section 510 of the Homeland Security Act of 2002 was redesignated

as section 521 by section 611(7) of Public Law 109-295 (120 Stat.

1395).

---------------------------------------------------------------------------

(b) Special Reserve Fund.--For purposes of the security

countermeasures program, the term ``special reserve fund''

means the ``Biodefense Countermeasures'' appropriations account

or any other appropriation made under subsection (a).

(c) Availability.--Amounts appropriated under subsection

(a) become available for a procurement under the security

countermeasures program only upon the approval by the President

of such availability for the procurement in accordance with

paragraph (6)(B) of such program.

(d) Related Authorizations of Appropriations.--

(1) Threat assessment capabilities.--For the

purpose of carrying out the responsibilities of the

Secretary for terror threat assessment under the

security countermeasures program, there are authorized

to be appropriated such sums as may be necessary for

each of the fiscal years 2004 through 2006, for the

hiring of professional personnel within the Office of

Intelligence and Analysis, who shall be analysts

responsible for chemical, biological, radiological, and

nuclear threat assessment (including but not limited to

analysis of chemical, biological, radiological, and

nuclear agents, the means by which such agents could be

weaponized or used in a terrorist attack, and the

capabilities, plans, and intentions of terrorists and

other non-state actors who may have or acquire such

agents). All such analysts shall meet the applicable

standards and qualifications for the performance of

intelligence activities promulgated by the Director of

Central Intelligence pursuant to section 104 of the

National Security Act of 1947.

(2) Intelligence sharing infrastructure.--For the

purpose of carrying out the acquisition and deployment

of secure facilities (including information technology

and physical infrastructure, whether mobile and

temporary, or permanent) sufficient to permit the

Secretary to receive, not later than 180 days after the

date of enactment of the Project BioShield Act of 2004,

all classified information and products to which the

Under Secretary for Intelligence and Analysis is

entitled under subtitle A of title II, there are

authorized to be appropriated such sums as may be

necessary for each of the fiscal years 2004 through

2006.

SEC. 522. [6 U.S.C. 321K] MODEL STANDARDS AND GUIDELINES FOR CRITICAL

INFRASTRUCTURE WORKERS.

(a) In General.--Not later than 12 months after the date of

enactment of the Implementing Recommendations of the 9/11

Commission Act of 2007, and in coordination with appropriate

national professional organizations, Federal, State, local, and

tribal government agencies, and private-sector and

nongovernmental entities, the Administrator shall establish

model standards and guidelines for credentialing critical

infrastructure workers that may be used by a State to

credential critical infrastructure workers that may respond to

a natural disaster, act of terrorism, or other man-made

disaster.

(b) Distribution and Assistance.--The Administrator shall

provide the standards developed under subsection (a), including

detailed written guidance, to State, local, and tribal

governments, and provide expertise and technical assistance to

aid such governments with credentialing critical infrastructure

workers that may respond to a natural disaster, act of

terrorism, or other manmade disaster.

SEC. 523. [6 U.S.C. 321L] GUIDANCE AND RECOMMENDATIONS.

(a) In General.--Consistent with their responsibilities and

authorities under law, as of the day before the date of the

enactment of this section, the Administrator and the Assistant

Secretary for Infrastructure Protection, in consultation with

the private sector, may develop guidance or recommendations and

identify best practices to assist or foster action by the

private sector in--

(1) identifying potential hazards and assessing

risks and impacts;

(2) mitigating the impact of a wide variety of

hazards, including weapons of mass destruction;

(3) managing necessary emergency preparedness and

response resources;

(4) developing mutual aid agreements;

(5) developing and maintaining emergency

preparedness and response plans, and associated

operational procedures;

(6) developing and conducting training and

exercises to support and evaluate emergency

preparedness and response plans and operational

procedures;

(7) developing and conducting training programs for

security guards to implement emergency preparedness and

response plans and operations procedures; and

(8) developing procedures to respond to requests

for information from the media or the public.

(b) Issuance and Promotion.--Any guidance or

recommendations developed or best practices identified under

subsection (a) shall be--

(1) issued through the Administrator; and

(2) promoted by the Secretary to the private

sector.

(c) Small Business Concerns.--In developing guidance or

recommendations or identifying best practices under subsection

(a), the Administrator and the Assistant Secretary for

Infrastructure Protection shall take into consideration small

business concerns (under the meaning given that term in section

3 of the Small Business Act (15 U.S.C. 632)), including any

need for separate guidance or recommendations or best

practices, as necessary and appropriate.

(d) Rule of Construction.--Nothing in this section may be

construed to supersede any requirement established under any

other provision of law.

SEC. 524. [6 U.S.C. 321M] VOLUNTARY PRIVATE SECTOR PREPAREDNESS

ACCREDITATION AND CERTIFICATION PROGRAM.

(a) Establishment.--

(1) In general.--The Secretary, acting through the

officer designated under paragraph (2), shall establish

and implement the voluntary private sector preparedness

accreditation and certification program in accordance

with this section.

(2) Designation of officer.--The Secretary shall

designate an officer responsible for the accreditation

and certification program under this section. Such

officer (hereinafter referred to in this section as the

``designated officer'') shall be one of the following:

(A) The Administrator, based on

consideration of--

(i) the expertise of the

Administrator in emergency management

and preparedness in the United States;

and

(ii) the responsibilities of the

Administrator as the principal advisor

to the President for all matters

relating to emergency management in the

United States.

(B) The Assistant Secretary for

Infrastructure Protection, based on

consideration of the expertise of the Assistant

Secretary in, and responsibilities for--

(i) protection of critical

infrastructure;

(ii) risk assessment methodologies;

and

(iii) interacting with the private

sector on the issues described in

clauses (i) and (ii).

(C) The Under Secretary for Science and

Technology, based on consideration of the

expertise of the Under Secretary in, and

responsibilities associated with, standards.

(3) Coordination.--In carrying out the

accreditation and certification program under this

section, the designated officer shall coordinate with--

(A) the other officers of the Department

referred to in paragraph (2), using the

expertise and responsibilities of such

officers; and

(B) the Special Assistant to the Secretary

for the Private Sector, based on consideration

of the expertise of the Special Assistant in,

and responsibilities for, interacting with the

private sector.

(b) Voluntary Private Sector Preparedness Standards;

Voluntary Accreditation and Certification Program for the

Private Sector.--

(1) Accreditation and certification program.--Not

later than 210 days after the date of enactment of the

Implementing Recommendations of the 9/11 Commission Act

of 2007, the designated officer shall--

(A) begin supporting the development and

updating, as necessary, of voluntary

preparedness standards through appropriate

organizations that coordinate or facilitate the

development and use of voluntary consensus

standards and voluntary consensus standards

development organizations; and

(B) in consultation with representatives of

appropriate organizations that coordinate or

facilitate the development and use of voluntary

consensus standards, appropriate voluntary

consensus standards development organizations,

each private sector advisory council created

under section 102(f)(4), appropriate

representatives of State and local governments,

including emergency management officials, and

appropriate private sector advisory groups,

such as sector coordinating councils and

information sharing and analysis centers--

(i) develop and promote a program

to certify the preparedness of private

sector entities that voluntarily choose

to seek certification under the

program; and

(ii) implement the program under

this subsection through any entity with

which the designated officer enters

into an agreement under paragraph

(3)(A), which shall accredit third

parties to carry out the certification

process under this section.

(2) Program elements.--

(A) In general.--

(i) Program.--The program developed

and implemented under this subsection

shall assess whether a private sector

entity complies with voluntary

preparedness standards.

(ii) Guidelines.--In developing the

program under this subsection, the

designated officer shall develop

guidelines for the accreditation and

certification processes established

under this subsection.

(B) Standards.--The designated officer, in

consultation with representatives of

appropriate organizations that coordinate or

facilitate the development and use of voluntary

consensus standards, representatives of

appropriate voluntary consensus standards

development organizations, each private sector

advisory council created under section

102(f)(4), appropriate representatives of State

and local governments, including emergency

management officials, and appropriate private

sector advisory groups such as sector

coordinating councils and information sharing

and analysis centers--

(i) shall adopt one or more

appropriate voluntary preparedness

standards that promote preparedness,

which may be tailored to address the

unique nature of various sectors within

the private sector, as necessary and

appropriate, that shall be used in the

accreditation and certification program

under this subsection; and

(ii) after the adoption of one or

more standards under clause (i), may

adopt additional voluntary preparedness

standards or modify or discontinue the

use of voluntary preparedness standards

for the accreditation and certification

program, as necessary and appropriate

to promote preparedness.

(C) Submission of recommendations.--In

adopting one or more standards under

subparagraph (B), the designated officer may

receive recommendations from any entity

described in that subparagraph relating to

appropriate voluntary preparedness standards,

including appropriate sector specific

standards, for adoption in the program.

(D) Small business concerns.--The

designated officer and any entity with which

the designated officer enters into an agreement

under paragraph (3)(A) shall establish separate

classifications and methods of certification

for small business concerns (under the meaning

given that term in section 3 of the Small

Business Act (15 U.S.C. 632)) for the program

under this subsection.

(E) Considerations.--In developing and

implementing the program under this subsection,

the designated officer shall--

(i) consider the unique nature of

various sectors within the private

sector, including preparedness

standards, business continuity

standards, or best practices,

established--

(I) under any other

provision of Federal law; or

(II) by any sector-specific

agency, as defined under

Homeland Security Presidential

Directive-7; and

(ii) coordinate the program, as

appropriate, with--

(I) other Department

private sector related

programs; and

(II) preparedness and

business continuity programs in

other Federal agencies.

(3) Accreditation and certification processes.--

(A) Agreement.--

(i) In general.--Not later than 210

days after the date of enactment of the

Implementing Recommendations of the 9/

11 Commission Act of 2007, the

designated officer shall enter into one

or more agreements with a highly

qualified nongovernmental entity with

experience or expertise in coordinating

and facilitating the development and

use of voluntary consensus standards

and in managing or implementing

accreditation and certification

programs for voluntary consensus

standards, or a similarly qualified

private sector entity, to carry out

accreditations and oversee the

certification process under this

subsection. An entity entering into an

agreement with the designated officer

under this clause (hereinafter referred

to in this section as a ``selected

entity'') shall not perform

certifications under this subsection.

(ii) Contents.--A selected entity

shall manage the accreditation process

and oversee the certification process

in accordance with the program

established under this subsection and

accredit qualified third parties to

carry out the certification program

established under this subsection.

(B) Procedures and requirements for

accreditation and certification.--

(i) In general.--Any selected

entity shall collaborate to develop

procedures and requirements for the

accreditation and certification

processes under this subsection, in

accordance with the program established

under this subsection and guidelines

developed under paragraph (2)(A)(ii).

(ii) Contents and use.--The

procedures and requirements developed

under clause (i) shall--

(I) ensure reasonable

uniformity in any accreditation

and certification processes if

there is more than one selected

entity; and

(II) be used by any

selected entity in conducting

accreditations and overseeing

the certification process under

this subsection.

(iii) Disagreement.--Any

disagreement among selected entities in

developing procedures under clause (i)

shall be resolved by the designated

officer.

(C) Designation.--A selected entity may

accredit any qualified third party to carry out

the certification process under this

subsection.

(D) Disadvantaged business involvement.--In

accrediting qualified third parties to carry

out the certification process under this

subsection, a selected entity shall ensure, to

the extent practicable, that the third parties

include qualified small, minority, women-owned,

or disadvantaged business concerns when

appropriate. The term ``disadvantaged business

concern'' means a small business that is owned

and controlled by socially and economically

disadvantaged individuals, as defined in

section 124 of title 13, United States Code of

Federal Regulations.

(E) Treatment of other certifications.--At

the request of any entity seeking

certification, any selected entity may

consider, as appropriate, other relevant

certifications acquired by the entity seeking

certification. If the selected entity

determines that such other certifications are

sufficient to meet the certification

requirement or aspects of the certification

requirement under this section, the selected

entity may give credit to the entity seeking

certification, as appropriate, to avoid

unnecessarily duplicative certification

requirements.

(F) Third parties.--To be accredited under

subparagraph (C), a third party shall--

(i) demonstrate that the third

party has the ability to certify

private sector entities in accordance

with the procedures and requirements

developed under subparagraph (B);

(ii) agree to perform

certifications in accordance with such

procedures and requirements;

(iii) agree not to have any

beneficial interest in or any direct or

indirect control over--

(I) a private sector entity

for which that third party

conducts a certification under

this subsection; or

(II) any organization that

provides preparedness

consulting services to private

sector entities;

(iv) agree not to have any other

conflict of interest with respect to

any private sector entity for which

that third party conducts a

certification under this subsection;

(v) maintain liability insurance

coverage at policy limits in accordance

with the requirements developed under

subparagraph (B); and

(vi) enter into an agreement with

the selected entity accrediting that

third party to protect any proprietary

information of a private sector entity

obtained under this subsection.

(G) Monitoring.--

(i) In general.--The designated

officer and any selected entity shall

regularly monitor and inspect the

operations of any third party

conducting certifications under this

subsection to ensure that the third

party is complying with the procedures

and requirements established under

subparagraph (B) and all other

applicable requirements.

(ii) Revocation.--If the designated

officer or any selected entity

determines that a third party is not

meeting the procedures or requirements

established under subparagraph (B), the

selected entity shall--

(I) revoke the

accreditation of that third

party to conduct certifications

under this subsection; and

(II) review any

certification conducted by that

third party, as necessary and

appropriate.

(4) Annual review.--

(A) In general.--The designated officer, in

consultation with representatives of

appropriate organizations that coordinate or

facilitate the development and use of voluntary

consensus standards, appropriate voluntary

consensus standards development organizations,

appropriate representatives of State and local

governments, including emergency management

officials, and each private sector advisory

council created under section 102(f)(4), shall

annually review the voluntary accreditation and

certification program established under this

subsection to ensure the effectiveness of such

program (including the operations and

management of such program by any selected

entity and the selected entity's inclusion of

qualified disadvantaged business concerns under

paragraph (3)(D)) and make improvements and

adjustments to the program as necessary and

appropriate.

(B) Review of standards.--Each review under

subparagraph (A) shall include an assessment of

the voluntary preparedness standard or

standards used in the program under this

subsection.

(5) Voluntary participation.--Certification under

this subsection shall be voluntary for any private

sector entity.

(6) Public listing.--The designated officer shall

maintain and make public a listing of any private

sector entity certified as being in compliance with the

program established under this subsection, if that

private sector entity consents to such listing.

(c) Rule of Construction.--Nothing in this section may be

construed as--

(1) a requirement to replace any preparedness,

emergency response, or business continuity standards,

requirements, or best practices established--

(A) under any other provision of federal

law; or

(B) by any sector-specific agency, as those

agencies are defined under Homeland Security

Presidential Directive-7; or

(2) exempting any private sector entity seeking

certification or meeting certification requirements

under subsection (b) from compliance with all

applicable statutes, regulations, directives, policies,

and industry codes of practice.

TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED

FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS

SEC. 601. [6 U.S.C. 331] TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF

THE ARMED FORCES OF THE UNITED STATES AND OTHER

GOVERNMENTAL ORGANIZATIONS.

(a) Findings.--Congress finds the following:

(1) Members of the Armed Forces of the United

States defend the freedom and security of our Nation.

(2) Members of the Armed Forces of the United

States have lost their lives while battling the evils

of terrorism around the world.

(3) Personnel of the Central Intelligence Agency

(CIA) charged with the responsibility of covert

observation of terrorists around the world are often

put in harm's way during their service to the United

States.

(4) Personnel of the Central Intelligence Agency

have also lost their lives while battling the evils of

terrorism around the world.

(5) Employees of the Federal Bureau of

Investigation (FBI) and other Federal agencies charged

with domestic protection of the United States put their

lives at risk on a daily basis for the freedom and

security of our Nation.

(6) United States military personnel, CIA

personnel, FBI personnel, and other Federal agents in

the service of the United States are patriots of the

highest order.

(7) CIA officer Johnny Micheal Spann became the

first American to give his life for his country in the

War on Terrorism declared by President George W. Bush

following the terrorist attacks of September 11, 2001.

(8) Johnny Micheal Spann left behind a wife and

children who are very proud of the heroic actions of

their patriot father.

(9) Surviving dependents of members of the Armed

Forces of the United States who lose their lives as a

result of terrorist attacks or military operations

abroad receive a $6,000 death benefit, plus a small

monthly benefit.

(10) The current system of compensating spouses and

children of American patriots is inequitable and needs

improvement.

(b) Designation of Johnny Micheal Spann Patriot Trusts.--

Any charitable corporation, fund, foundation, or trust (or

separate fund or account thereof) which otherwise meets all

applicable requirements under law with respect to charitable

entities and meets the requirements described in subsection (c)

shall be eligible to characterize itself as a ``Johnny Micheal

Spann Patriot Trust''.

(c) Requirements for the Designation of Johnny Micheal

Spann Patriot Trusts.--The requirements described in this

subsection are as follows:

(1) Not taking into account funds or donations

reasonably necessary to establish a trust, at least 85

percent of all funds or donations (including any

earnings on the investment of such funds or donations)

received or collected by any Johnny Micheal Spann

Patriot Trust must be distributed to (or, if placed in

a private foundation, held in trust for) surviving

spouses, children, or dependent parents, grandparents,

or siblings of 1 or more of the following:

(A) members of the Armed Forces of the

United States;

(B) personnel, including contractors, of

elements of the intelligence community, as

defined in section 3(4) of the National

Security Act of 1947;

(C) employees of the Federal Bureau of

Investigation; and

(D) officers, employees, or contract

employees of the United States Government,

whose deaths occur in the line of duty and arise out of

terrorist attacks, military operations, intelligence

operations, or law enforcement operations or accidents

connected with activities occurring after September 11,

2001, and related to domestic or foreign efforts to

curb international terrorism, including the

Authorization for Use of Military Force (Public Law

107-40; 115 Stat. 224).

(2) Other than funds or donations reasonably

necessary to establish a trust, not more than 15

percent of all funds or donations (or 15 percent of

annual earnings on funds invested in a private

foundation) may be used for administrative purposes.

(3) No part of the net earnings of any Johnny

Micheal Spann Patriot Trust may inure to the benefit of

any individual based solely on the position of such

individual as a shareholder, an officer or employee of

such Trust.

(4) None of the activities of any Johnny Micheal

Spann Patriot Trust shall be conducted in a manner

inconsistent with any law that prohibits attempting to

influence legislation.

(5) No Johnny Micheal Spann Patriot Trust may

participate in or intervene in any political campaign

on behalf of (or in opposition to) any candidate for

public office, including by publication or distribution

of statements.

(6) Each Johnny Micheal Spann Patriot Trust shall

comply with the instructions and directions of the

Director of Central Intelligence, the Attorney General,

or the Secretary of Defense relating to the protection

of intelligence sources and methods, sensitive law

enforcement information, or other sensitive national

security information, including methods for

confidentially disbursing funds.

(7) Each Johnny Micheal Spann Patriot Trust that

receives annual contributions totaling more than

$1,000,000 must be audited annually by an independent

certified public accounting firm. Such audits shall be

filed with the Internal Revenue Service, and shall be

open to public inspection, except that the conduct,

filing, and availability of the audit shall be

consistent with the protection of intelligence sources

and methods, of sensitive law enforcement information,

and of other sensitive national security information.

(8) Each Johnny Micheal Spann Patriot Trust shall

make distributions to beneficiaries described in

paragraph (1) at least once every calendar year,

beginning not later than 12 months after the formation

of such Trust, and all funds and donations received and

earnings not placed in a private foundation dedicated

to such beneficiaries must be distributed within 36

months after the end of the fiscal year in which such

funds, donations, and earnings are received.

(9)(A) When determining the amount of a

distribution to any beneficiary described in paragraph

(1), a Johnny Micheal Spann Patriot Trust should take

into account the amount of any collateral source

compensation that the beneficiary has received or is

entitled to receive as a result of the death of an

individual described in paragraph (1).

(B) Collateral source compensation includes all

compensation from collateral sources, including life

insurance, pension funds, death benefit programs, and

payments by Federal, State, or local governments

related to the death of an individual described in

paragraph (1).

(d) Treatment of Johnny Micheal Spann Patriot Trusts.--Each

Johnny Micheal Spann Patriot Trust shall refrain from

conducting the activities described in clauses (i) and (ii) of

section 301(20)(A) of the Federal Election Campaign Act of 1971

so that a general solicitation of funds by an individual

described in paragraph (1) of section 323(e) of such Act will

be permissible if such solicitation meets the requirements of

paragraph (4)(A) of such section.

(e) Notification of Trust Beneficiaries.--Notwithstanding

any other provision of law, and in a manner consistent with the

protection of intelligence sources and methods and sensitive

law enforcement information, and other sensitive national

security information, the Secretary of Defense, the Director of

the Federal Bureau of Investigation, or the Director of Central

Intelligence, or their designees, as applicable, may forward

information received from an executor, administrator, or other

legal representative of the estate of a decedent described in

subparagraph (A), (B), (C), or (D) of subsection (c)(1), to a

Johnny Micheal Spann Patriot Trust on how to contact

individuals eligible for a distribution under subsection (c)(1)

for the purpose of providing assistance from such Trust:

Provided, That, neither forwarding nor failing to forward any

information under this subsection shall create any cause of

action against any Federal department, agency, officer, agent,

or employee.

(f) Regulations.--Not later than 90 days after the date of

enactment of this Act, the Secretary of Defense, in

coordination with the Attorney General, the Director of the

Federal Bureau of Investigation, and the Director of Central

Intelligence, shall prescribe regulations to carry out this

section.

TITLE VII--MANAGEMENT

SEC. 701. [6 U.S.C. 341] UNDER SECRETARY FOR MANAGEMENT.

(a) In General.--The Under Secretary for Management shall

serve as the Chief Management Officer and principal advisor to

the Secretary on matters related to the management of the

Department, including management integration and transformation

in support of homeland security operations and programs. The

Secretary, acting through the Under Secretary for Management,

shall be responsible for the management and administration of

the Department, including the following:

(1) The budget, appropriations, expenditures of

funds, accounting, and finance.

(2) Procurement.

(3) Human resources and personnel.

(4) Information technology and communications

systems.

(5) Facilities, property, equipment, and other

material resources.

(6) Security for personnel, information technology

and communications systems, facilities, property,

equipment, and other material resources.

(7) Strategic management planning and annual

performance planning and identification and tracking of

performance measures relating to the responsibilities

of the Department.

(8) Grants and other assistance management

programs.

(9) The management integration and transformation

process, as well as the transition process, to ensure

an efficient and orderly consolidation of functions and

personnel in the Department and transition, including--

(A) the development of a management

integration strategy for the Department, and

(B) before December 1 of any year in which

a Presidential election is held, the

development of a transition and succession

plan, to be made available to the incoming

Secretary and Under Secretary for Management,

to guide the transition of management functions

to a new Administration.

(10) The conduct of internal audits and management

analyses of the programs and activities of the

Department.

(11) Any other management duties that the Secretary

may designate.

(b) Immigration.--

(1) In general.--In addition to the

responsibilities described in subsection (a), the Under

Secretary for Management shall be responsible for the

following:

(A) Maintenance of all immigration

statistical information of the Bureau of Border

Security and the Bureau of Citizenship and

Immigration Services. Such statistical

information shall include information and

statistics of the type contained in the

publication entitled ``Statistical Yearbook of

the Immigration and Naturalization Service''

prepared by the Immigration and Naturalization

Service (as in effect immediately before the

date on which the transfer of functions

specified under section 441 takes effect),

including region-by-region statistics on the

aggregate number of applications and petitions

filed by an alien (or filed on behalf of an

alien) and denied by such bureau, and the

reasons for such denials, disaggregated by

category of denial and application or petition

type.

(B) Establishment of standards of

reliability and validity for immigration

statistics collected by such bureaus.

(2) Transfer of functions.--In accordance with

title XV, there shall be transferred to the Under

Secretary for Management all functions performed

immediately before such transfer occurs by the

Statistics Branch of the Office of Policy and Planning

of the Immigration and Naturalization Service with

respect to the following programs:

(A) The Border Patrol program.

(B) The detention and removal program.

(C) The intelligence program.

(D) The investigations program.

(E) The inspections program.

(F) Adjudication of immigrant visa

petitions.

(G) Adjudication of naturalization

petitions.

(H) Adjudication of asylum and refugee

applications.

(I) Adjudications performed at service

centers.

(J) All other adjudications performed by

the Immigration and Naturalization Service.

(c) Appointment and Evaluation.--The Under Secretary for

Management shall--

(1) be appointed by the President, by and with the

advice and consent of the Senate, from among persons

who have--

(A) extensive executive level leadership

and management experience in the public or

private sector;

(B) strong leadership skills;

(C) a demonstrated ability to manage large

and complex organizations; and

(D) a proven record in achieving positive

operational results;

(2) enter into an annual performance agreement with

the Secretary that shall set forth measurable

individual and organizational goals; and

(3) be subject to an annual performance evaluation

by the Secretary, who shall determine as part of each

such evaluation whether the Under Secretary for

Management has made satisfactory progress toward

achieving the goals set out in the performance

agreement required under paragraph (2).

SEC. 702. [6 U.S.C. 342] CHIEF FINANCIAL OFFICER.

(a) In General.--The Chief Financial Officer shall perform

functions as specified in chapter 9 of title 31, United States

Code, and, with respect to all such functions and other

responsibilities that may be assigned to the Chief Financial

Officer from time to time, shall also report to the Under

Secretary for Management.

(b) Program Analysis and Evaluation Function.--

(1) Establishment of office of program analysis and

evaluation.--Not later than 90 days after the date of

enactment of this subsection, the Secretary shall

establish an Office of Program Analysis and Evaluation

within the Department (in this section referred to as

the ``Office'').

(2) Responsibilities.--The Office shall perform the

following functions:

(A) Analyze and evaluate plans, programs,

and budgets of the Department in relation to

United States homeland security objectives,

projected threats, vulnerability assessments,

estimated costs, resource constraints, and the

most recent homeland security strategy

developed pursuant to section 874(b)(2).

(B) Develop and perform analyses and

evaluations of alternative plans, programs,

personnel levels, and budget submissions for

the Department in relation to United States

homeland security objectives, projected

threats, vulnerability assessments, estimated

costs, resource constraints, and the most

recent homeland security strategy developed

pursuant to section 874(b)(2).

(C) Establish policies for, and oversee the

integration of, the planning, programming, and

budgeting system of the Department.

(D) Review and ensure that the Department

meets performance-based budget requirements

established by the Office of Management and

Budget.

(E) Provide guidance for, and oversee the

development of, the Future Years Homeland

Security Program of the Department, as

specified under section 874.

(F) Ensure that the costs of Department

programs, including classified programs, are

presented accurately and completely.

(G) Oversee the preparation of the annual

performance plan for the Department and the

program and performance section of the annual

report on program performance for the

Department, consistent with sections 1115 and

1116, respectively, of title 31, United States

Code.

(H) Provide leadership in developing and

promoting improved analytical tools and methods

for analyzing homeland security planning and

the allocation of resources.

(I) Any other responsibilities delegated by

the Secretary consistent with an effective

program analysis and evaluation function.

(3) Director of program analysis and evaluation.--

There shall be a Director of Program Analysis and

Evaluation, who--

(A) shall be a principal staff assistant to

the Chief Financial Officer of the Department

for program analysis and evaluation; and

(B) shall report to an official no lower

than the Chief Financial Officer.

(4) Reorganization.--

(A) In general.--The Secretary may allocate

or reallocate the functions of the Office, or

discontinue the Office, in accordance with

section 872(a).

(B) Exemption from limitations.--Section

872(b) shall not apply to any action by the

Secretary under this paragraph.

(c) Notification Regarding Transfer or Reprogramming of

Funds.--In any case in which appropriations available to the

Department or any officer of the Department are transferred or

reprogrammed and notice of such transfer or reprogramming is

submitted to the Congress (including any officer, office, or

Committee of the Congress), the Chief Financial Officer of the

Department shall simultaneously submit such notice to the

Select Committee on Homeland Security (or any successor to the

jurisdiction of that committee) and the Committee on Government

Reform of the House of Representatives, and to the Committee on

Governmental Affairs of the Senate.

SEC. 703. [6 U.S.C. 343] CHIEF INFORMATION OFFICER.

(a) In General.--The Chief Information Officer shall report

to the Secretary, or to another official of the Department, as

the Secretary may direct.

(b) Geospatial Information Functions.--

(1) Definitions.--As used in this subsection:

(A) Geospatial information.--The term

``geospatial information'' means graphical or

digital data depicting natural or manmade

physical features, phenomena, or boundaries of

the earth and any information related thereto,

including surveys, maps, charts, remote sensing

data, and images.

(B) Geospatial technology.--The term

``geospatial technology'' means any technology

utilized by analysts, specialists, surveyors,

photogrammetrists, hydrographers, geodesists,

cartographers, architects, or engineers for the

collection, storage, retrieval, or

dissemination of geospatial information,

including--

(i) global satellite surveillance

systems;

(ii) global position systems;

(iii) geographic information

systems;

(iv) mapping equipment;

(v) geocoding technology; and

(vi) remote sensing devices.

(2) Office of geospatial management.--

(A) Establishment.--The Office of

Geospatial Management is established within the

Office of the Chief Information Officer.

(B) Geospatial information officer.--

(i) Appointment.--The Office of

Geospatial Management shall be

administered by the Geospatial

Information Officer, who shall be

appointed by the Secretary and serve

under the direction of the Chief

Information Officer.

(ii) Functions.--The Geospatial

Information Officer shall assist the

Chief Information Officer in carrying

out all functions under this section

and in coordinating the geospatial

information needs of the Department.

(C) Coordination of geospatial

information.--The Chief Information Officer

shall establish and carry out a program to

provide for the efficient use of geospatial

information, which shall include--

(i) providing such geospatial

information as may be necessary to

implement the critical infrastructure

protection programs;

(ii) providing leadership and

coordination in meeting the geospatial

information requirements of those

responsible for planning, prevention,

mitigation, assessment and response to

emergencies, critical infrastructure

protection, and other functions of the

Department; and

(iii) coordinating with users of

geospatial information within the

Department to assure interoperability

and prevent unnecessary duplication.

(D) Responsibilities.--In carrying out this

subsection, the responsibilities of the Chief

Information Officer shall include--

(i) coordinating the geospatial

information needs and activities of the

Department;

(ii) implementing standards, as

adopted by the Director of the Office

of Management and Budget under the

processes established under section 216

of the E-Government Act of 2002 (44

U.S.C. 3501 note), to facilitate the

interoperability of geospatial

information pertaining to homeland

security among all users of such

information within--

(I) the Department;

(II) State and local

government; and

(III) the private sector;

(iii) coordinating with the Federal

Geographic Data Committee and carrying

out the responsibilities of the

Department pursuant to Office of

Management and Budget Circular A-16 and

Executive Order 12906; and

(iv) making recommendations to the

Secretary and the Executive Director of

the Office for State and Local

Government Coordination and

Preparedness on awarding grants to--

(I) fund the creation of

geospatial data; and

(II) execute information

sharing agreements regarding

geospatial data with State,

local, and tribal governments.

(3) Authorization of appropriations.--There are

authorized to be appropriated such sums as may be

necessary to carry out this subsection for each fiscal

year.

SEC. 704. [6 U.S.C. 344] CHIEF HUMAN CAPITAL OFFICER.

The Chief Human Capital Officer shall report to the

Secretary, or to another official of the Department, as the

Secretary may direct and shall ensure that all employees of the

Department are informed of their rights and remedies under

chapters 12 and 23 of title 5, United States Code, by--

(1) participating in the 2302(c) Certification

Program of the Office of Special Counsel;

(2) achieving certification from the Office of

Special Counsel of the Department's compliance with

section 2302(c) of title 5, United States Code; and

(3) informing Congress of such certification not

later than 24 months after the date of enactment of

this Act.

SEC. 705. [6 U.S.C. 345] ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND

CIVIL LIBERTIES.

(a) In General.--The Officer for Civil Rights and Civil

Liberties, who shall report directly to the Secretary, shall--

(1) review and assess information concerning abuses

of civil rights, civil liberties, and profiling on the

basis of race, ethnicity, or religion, by employees and

officials of the Department;

(2) make public through the Internet, radio,

television, or newspaper advertisements information on

the responsibilities and functions of, and how to

contact, the Officer;

(3) assist the Secretary, directorates, and offices

of the Department to develop, implement, and

periodically review Department policies and procedures

to ensure that the protection of civil rights and civil

liberties is appropriately incorporated into Department

programs and activities;

(4) oversee compliance with constitutional,

statutory, regulatory, policy, and other requirements

relating to the civil rights and civil liberties of

individuals affected by the programs and activities of

the Department;

(5) coordinate with the Privacy Officer to ensure

that--

(A) programs, policies, and procedures

involving civil rights, civil liberties, and

privacy considerations are addressed in an

integrated and comprehensive manner; and

(B) Congress receives appropriate reports

regarding such programs, policies, and

procedures; and

(6) investigate complaints and information

indicating possible abuses of civil rights or civil

liberties, unless the Inspector General of the

Department determines that any such complaint or

information should be investigated by the Inspector

General.

(b) Report.--The Secretary shall submit to the

President of the Senate, the Speaker of the House of

Representatives, and the appropriate committees and

subcommittees of Congress on an annual basis a report

on the implementation of this section, including the

use of funds appropriated to carry out this section,

and detailing any allegations of abuses described under

subsection (a)(1) and any actions taken by the

Department in response to such allegations.

SEC. 706. [6 U.S.C. 346] CONSOLIDATION AND CO-LOCATION OF OFFICES.

Not later than 1 year after the date of the enactment of

this Act, the Secretary shall develop and submit to Congress a

plan for consolidating and co-locating--

(1) any regional offices or field offices of

agencies that are transferred to the Department under

this Act, if such officers are located in the same

municipality; and

(2) portions of regional and field offices of other

Federal agencies, to the extent such offices perform

functions that are transferred to the Secretary under

this Act.

SEC. 707. [6 U.S.C. 347] QUADRENNIAL HOMELAND SECURITY REVIEW.

(a) Requirement.--

(1) Quadrennial reviews required.--In fiscal year

2009, and every 4 years thereafter, the Secretary shall

conduct a review of the homeland security of the Nation

(in this section referred to as a ``quadrennial

homeland security review'').

(2) Scope of reviews.--Each quadrennial homeland

security review shall be a comprehensive examination of

the homeland security strategy of the Nation, including

recommendations regarding the long-term strategy and

priorities of the Nation for homeland security and

guidance on the programs, assets, capabilities, budget,

policies, and authorities of the Department.

(3) Consultation.--The Secretary shall conduct each

quadrennial homeland security review under this

subsection in consultation with--

(A) the heads of other Federal agencies,

including the Attorney General, the Secretary

of State, the Secretary of Defense, the

Secretary of Health and Human Services, the

Secretary of the Treasury, the Secretary of

Agriculture, and the Director of National

Intelligence;

(B) key officials of the Department; and

(C) other relevant governmental and

nongovernmental entities, including State,

local, and tribal government officials, members

of Congress, private sector representatives,

academics, and other policy experts.

(4) Relationship with future years homeland

security program.--The Secretary shall ensure that each

review conducted under this section is coordinated with

the Future Years Homeland Security Program required

under section 874.

(b) Contents of Review.--In each quadrennial homeland

security review, the Secretary shall--

(1) delineate and update, as appropriate, the

national homeland security strategy, consistent with

appropriate national and Department strategies,

strategic plans, and Homeland Security Presidential

Directives, including the National Strategy for

Homeland Security, the National Response Plan, and the

Department Security Strategic Plan;

(2) outline and prioritize the full range of the

critical homeland security mission areas of the Nation;

(3) describe the interagency cooperation,

preparedness of Federal response assets,

infrastructure, budget plan, and other elements of the

homeland security program and policies of the Nation

associated with the national homeland security

strategy, required to execute successfully the full

range of missions called for in the national homeland

security strategy described in paragraph (1) and the

homeland security mission areas outlined under

paragraph (2);

(4) identify the budget plan required to provide

sufficient resources to successfully execute the full

range of missions called for in the national homeland

security strategy described in paragraph (1) and the

homeland security mission areas outlined under

paragraph (2);

(5) include an assessment of the organizational

alignment of the Department with the national homeland

security strategy referred to in paragraph (1) and the

homeland security mission areas outlined under

paragraph (2); and

(6) review and assess the effectiveness of the

mechanisms of the Department for executing the process

of turning the requirements developed in the

quadrennial homeland security review into an

acquisition strategy and expenditure plan within the

Department.

(c) Reporting.--

(1) In general.--Not later than December 31 of the

year in which a quadrennial homeland security review is

conducted, the Secretary shall submit to Congress a

report regarding that quadrennial homeland security

review.

(2) Contents of report.--Each report submitted

under paragraph (1) shall include--

(A) the results of the quadrennial homeland

security review;

(B) a description of the threats to the

assumed or defined national homeland security

interests of the Nation that were examined for

the purposes of that review;

(C) the national homeland security

strategy, including a prioritized list of the

critical homeland security missions of the

Nation;

(D) a description of the interagency

cooperation, preparedness of Federal response

assets, infrastructure, budget plan, and other

elements of the homeland security program and

policies of the Nation associated with the

national homeland security strategy, required

to execute successfully the full range of

missions called for in the applicable national

homeland security strategy referred to in

subsection (b)(1) and the homeland security

mission areas outlined under subsection (b)(2);

(E) an assessment of the organizational

alignment of the Department with the applicable

national homeland security strategy referred to

in subsection (b)(1) and the homeland security

mission areas outlined under subsection (b)(2),

including the Department's organizational

structure, management systems, budget and

accounting systems, human resources systems,

procurement systems, and physical and technical

infrastructure;

(F) a discussion of the status of

cooperation among Federal agencies in the

effort to promote national homeland security;

(G) a discussion of the status of

cooperation between the Federal Government and

State, local, and tribal governments in

preventing terrorist attacks and preparing for

emergency response to threats to national

homeland security;

(H) an explanation of any underlying

assumptions used in conducting the review; and

(I) any other matter the Secretary

considers appropriate.

(3) Public availability.--The Secretary shall,

consistent with the protection of national security and

other sensitive matters, make each report submitted

under paragraph (1) publicly available on the Internet

website of the Department.

(d) Authorization of Appropriations.--There are authorized

to be appropriated such sums as may be necessary to carry out

this section.

TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;

UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

Subtitle A--Coordination with Non-Federal Entities

SEC. 801. [6 U.S.C. 361] OFFICE FOR STATE AND LOCAL GOVERNMENT

COORDINATION.

(a) Establishment.--There is established within the Office

of the Secretary the Office for State and Local Government

Coordination, to oversee and coordinate departmental programs

for and relationships with State and local governments.

(b) Responsibilities.--The Office established under

subsection (a) shall--

(1) coordinate the activities of the Department

relating to State and local government;

(2) assess, and advocate for, the resources needed

by State and local government to implement the national

strategy for combating terrorism;

(3) provide State and local government with regular

information, research, and technical support to assist

local efforts at securing the homeland; and

(4) develop a process for receiving meaningful

input from State and local government to assist the

development of the national strategy for combating

terrorism and other homeland security activities.

Subtitle B--Inspector General

[SEC. 811. REPEALED]

* * * * * * *

SEC. 812. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.

(a)  * * *

* * * * * * *

(b) [5 U.S.C. app. 6 note] Promulgation of Initial

Guidelines.--

(1) Definition.--In this subsection, the term

``memoranda of understanding'' means the agreements

between the Department of Justice and the Inspector

General offices described under section 6(e)(3) of the

Inspector General Act of 1978 (5 U.S.C. App.) (as added

by subsection (a) of this section) that--

(A) are in effect on the date of enactment

of this Act; and

(B) authorize such offices to exercise

authority that is the same or similar to the

authority under section 6(e)(1) of such Act.

(2) In general.--Not later than 180 days after the

date of enactment of this Act, the Attorney General

shall promulgate guidelines under section 6(e)(4) of

the Inspector General Act of 1978 (5 U.S.C. App.) (as

added by subsection (a) of this section) applicable to

the Inspector General offices described under section

6(e)(3) of that Act.

(3) Minimum requirements.--The guidelines

promulgated under this subsection shall include, at a

minimum, the operational and training requirements in

the memoranda of understanding.

(4) No lapse of authority.--The memoranda of

understanding in effect on the date of enactment of

this Act shall remain in effect until the guidelines

promulgated under this subsection take effect.

(c) [5 U.S.C. app. 6 note] Effective Dates.--

(1) In general.--Subsection (a) shall take effect

180 days after the date of enactment of this Act.

(2) Initial guidelines.--Subsection (b) shall take

effect on the date of enactment of this Act.

Subtitle C--United States Secret Service

SEC. 821. [6 U.S.C. 381] FUNCTIONS TRANSFERRED.

In accordance with title XV, there shall be transferred to

the Secretary the functions, personnel, assets, and obligations

of the United States Secret Service, which shall be maintained

as a distinct entity within the Department, including the

functions of the Secretary of the Treasury relating thereto.

Subtitle D--Acquisitions

SEC. 831. [6 U.S.C. 391] RESEARCH AND DEVELOPMENT PROJECTS.

(a) Authority.--Until September 30, 2009 and subject to

subsection (d), the Secretary may carry out a pilot program

under which the Secretary may exercise the following

authorities:

(1) In general.--When the Secretary carries out

basic, applied, and advanced research and development

projects, including the expenditure of funds for such

projects, the Secretary may exercise the same authority

(subject to the same limitations and conditions) with

respect to such research and projects as the Secretary

of Defense may exercise under section 2371 of title 10,

United States Code (except for subsections (b) and

(f)), after making a determination that the use of a

contract, grant, or cooperative agreement for such

project is not feasible or appropriate. The annual

report required under subsection (b) of this section,

as applied to the Secretary by this paragraph, shall be

submitted to the President of the Senate and the

Speaker of the House of Representatives.

(2) Prototype projects.--The Secretary may, under

the authority of paragraph (1), carry out prototype

projects in accordance with the requirements and

conditions provided for carrying out prototype projects

under section 845 of the National Defense Authorization

Act for Fiscal Year 1994 (Public Law 103-160). In

applying the authorities of that section 845,

subsection (c) of that section shall apply with respect

to prototype projects under this paragraph, and the

Secretary shall perform the functions of the Secretary

of Defense under subsection (d) thereof.

(b) Report.--Not later than 2 years after the effective

date of this Act, and annually thereafter, the Comptroller

General shall report to the Committee on Government Reform of

the House of Representatives and the Committee on Governmental

Affairs of the Senate on--

(1) whether use of the authorities described in

subsection (a) attracts nontraditional Government

contractors and results in the acquisition of needed

technologies; and

(2) if such authorities were to be made permanent,

whether additional safeguards are needed with respect

to the use of such authorities.

(c) Procurement of Temporary and Intermittent Services.--

The Secretary may--

(1) procure the temporary or intermittent services

of experts or consultants (or organizations thereof) in

accordance with section 3109(b) of title 5, United

States Code; and

(2) whenever necessary due to an urgent homeland

security need, procure temporary (not to exceed 1 year)

or intermittent personal services, including the

services of experts or consultants (or organizations

thereof), without regard to the pay limitations of such

section 3109.

(d) Additional Requirements.--

(1) In general.--The authority of the Secretary

under this section shall terminate September 30, 2009,

unless before that date the Secretary--

(A) issues policy guidance detailing the

appropriate use of that authority; and

(B) provides training to each employee that

is authorized to exercise that authority.

(2) Report.--The Secretary shall provide an annual

report to the Committees on Appropriations of the

Senate and the House of Representatives, the Committee

on Homeland Security and Governmental Affairs of the

Senate, and the Committee on Homeland Security of the

House of Representatives detailing the projects for

which the authority granted by subsection (a) was used,

the rationale for its use, the funds spent using that

authority, the outcome of each project for which that

authority was used, and the results of any audits of

such projects.

(e) Definition of Nontraditional Government Contractor.--In

this section, the term ``nontraditional Government contractor''

has the same meaning as the term ``nontraditional defense

contractor'' as defined in section 845(e) of the National

Defense Authorization Act for Fiscal Year 1994 (Public Law 103-

160; 10 U.S.C. 2371 note).

SEC. 832. [6 U.S.C. 392] PERSONAL SERVICES.

The Secretary--

(1) may procure the temporary or intermittent

services of experts or consultants (or organizations

thereof) in accordance with section 3109 of title 5,

United States Code; and

(2) may, whenever necessary due to an urgent

homeland security need, procure temporary (not to

exceed 1 year) or intermittent personal services,

including the services of experts or consultants (or

organizations thereof), without regard to the pay

limitations of such section 3109.

SEC. 833. [6 U.S.C. 393] SPECIAL STREAMLINED ACQUISITION AUTHORITY.

(a) Authority.--

(1) In general.--The Secretary may use the

authorities set forth in this section with respect to

any procurement made during the period beginning on the

effective date of this Act and ending September 30,

2007, if the Secretary determines in writing that the

mission of the Department (as described in section 101)

would be seriously impaired without the use of such

authorities.

(2) Delegation.--The authority to make the

determination described in paragraph (1) may not be

delegated by the Secretary to an officer of the

Department who is not appointed by the President with

the advice and consent of the Senate.

(3) Notification.--Not later than the date that is

7 days after the date of any determination under

paragraph (1), the Secretary shall submit to the

Committee on Government Reform of the House of

Representatives and the Committee on Governmental

Affairs of the Senate--

(A) notification of such determination; and

(B) the justification for such determination.

(b) Increased Micro-Purchase Threshold For Certain

Procurements.--

(1) In general.--The Secretary may designate

certain employees of the Department to make

procurements described in subsection (a) for which in

the administration of section 32 of the Office of

Federal Procurement Policy Act (41 U.S.C. 428) the

amount specified in subsections (c), (d), and (f) of

such section 32 shall be deemed to be $7,500.

(2) Number of employees.--The number of employees

designated under paragraph (1) shall be--

(A) fewer than the number of employees of

the Department who are authorized to make

purchases without obtaining competitive

quotations, pursuant to section 32(c) of the

Office of Federal Procurement Policy Act (41

U.S.C. 428(c));

(B) sufficient to ensure the geographic

dispersal of the availability of the use of the

procurement authority under such paragraph at

locations reasonably considered to be potential

terrorist targets; and

(C) sufficiently limited to allow for the

careful monitoring of employees designated

under such paragraph.

(3) Review.--Procurements made under the authority

of this subsection shall be subject to review by a

designated supervisor on not less than a monthly basis.

The supervisor responsible for the review shall be

responsible for no more than 7 employees making

procurements under this subsection.

(c) Simplified Acquisition Procedures.--

(1) In general.--With respect to a procurement

described in subsection (a), the Secretary may deem the

simplified acquisition threshold referred to in section

4(11) of the Office of Federal Procurement Policy Act

(41 U.S.C. 403(11)) to be--

(A) in the case of a contract to be awarded

and performed, or purchase to be made, within

the United States, $200,000; and

(B) in the case of a contract to be awarded

and performed, or purchase to be made, outside

of the United States, $300,000.

* * * * * * *

(d) Application of Certain Commercial Items Authorities.--

(1) In general.--With respect to a procurement

described in subsection (a), the Secretary may deem any

item or service to be a commercial item for the purpose

of Federal procurement laws.

(2) Limitation.--The $5,000,000 limitation provided

in section 31(a)(2) of the Office of Federal

Procurement Policy Act (41 U.S.C. 427(a)(2)) and

section 303(g)(1)(B) of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C.

253(g)(1)(B)) shall be deemed to be $7,500,000 for

purposes of property or services under the authority of

this subsection.

(3) Certain authority.--Authority under a provision

of law referred to in paragraph (2) that expires under

section 4202(e) of the Clinger-Cohen Act of 1996

(divisions D and E of Public Law 104-106; 10 U.S.C.

2304 note) shall, notwithstanding such section,

continue to apply for a procurement described in

subsection (a).

(e) Report.--Not later than 180 days after the end of

fiscal year 2005, the Comptroller General shall submit to the

Committee on Governmental Affairs of the Senate and the

Committee on Government Reform of the House of Representatives

a report on the use of the authorities provided in this

section. The report shall contain the following:

(1) An assessment of the extent to which property

and services acquired using authorities provided under

this section contributed to the capacity of the Federal

workforce to facilitate the mission of the Department

as described in section 101.

(2) An assessment of the extent to which prices for

property and services acquired using authorities

provided under this section reflected the best value.

(3) The number of employees designated by each

executive agency under subsection (b)(1).

(4) An assessment of the extent to which the

Department has implemented subsections (b)(2) and

(b)(3) to monitor the use of procurement authority by

employees designated under subsection (b)(1).

(5) Any recommendations of the Comptroller General

for improving the effectiveness of the implementation

of the provisions of this section.

SEC. 834. [6 U.S.C. 394] UNSOLICITED PROPOSALS.

(a) Regulations Required.--Within 1 year of the date of

enactment of this Act, the Federal Acquisition Regulation shall

be revised to include regulations with regard to unsolicited

proposals.

(b) Content of Regulations.--The regulations prescribed

under subsection (a) shall require that before initiating a

comprehensive evaluation, an agency contact point shall

consider, among other factors, that the proposal--

(1) is not submitted in response to a previously

published agency requirement; and

(2) contains technical and cost information for

evaluation and overall scientific, technical or

socioeconomic merit, or cost-related or price-related

factors.

SEC. 835. [6 U.S.C. 395] PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES.

(a) In General.--The Secretary may not enter into any

contract with a foreign incorporated entity which is treated as

an inverted domestic corporation under subsection (b), or any

subsidiary of such an entity.

(b) Inverted Domestic Corporation.--For purposes of this

section, a foreign incorporated entity shall be treated as an

inverted domestic corporation if, pursuant to a plan (or a

series of related transactions)--

(1) the entity completes before, on, or after the

date of enactment of this Act, the direct or indirect

acquisition of substantially all of the properties held

directly or indirectly by a domestic corporation or

substantially all of the properties constituting a

trade or business of a domestic partnership;

(2) after the acquisition at least 80 percent of

the stock (by vote or value) of the entity is held--

(A) in the case of an acquisition with

respect to a domestic corporation, by former

shareholders of the domestic corporation by

reason of holding stock in the domestic

corporation; or

(B) in the case of an acquisition with

respect to a domestic partnership, by former

partners of the domestic partnership by reason

of holding a capital or profits interest in the

domestic partnership; and

(3) the expanded affiliated group which after the

acquisition includes the entity does not have

substantial business activities in the foreign country

in which or under the law of which the entity is

created or organized when compared to the total

business activities of such expanded affiliated group.

(c) Definitions and Special Rules.--

(1) Rules for application of subsection (b).--In

applying subsection (b) for purposes of subsection (a),

the following rules shall apply:

(A) Certain stock disregarded.--There shall

not be taken into account in determining

ownership for purposes of subsection (b)(2)--

(i) stock held by members of the

expanded affiliated group which

includes the foreign incorporated

entity; or

(ii) stock of such entity which is

sold in a public offering related to

the acquisition described in subsection

(b)(1).

(B) Plan deemed in certain cases.--If a

foreign incorporated entity acquires directly

or indirectly substantially all of the

properties of a domestic corporation or

partnership during the 4-year period beginning

on the date which is 2 years before the

ownership requirements of subsection (b)(2) are

met, such actions shall be treated as pursuant

to a plan.

(C) Certain transfers disregarded.--The

transfer of properties or liabilities

(including by contribution or distribution)

shall be disregarded if such transfers are part

of a plan a principal purpose of which is to

avoid the purposes of this section.

(D) Special rule for related

partnerships.--For purposes of applying

subsection (b) to the acquisition of a domestic

partnership, except as provided in regulations,

all domestic partnerships which are under

common control (within the meaning of section

482 of the Internal Revenue Code of 1986) shall

be treated as I partnership.

(E) Treatment of certain rights.--The

Secretary shall prescribe such regulations as

may be necessary to--

(i) treat warrants, options,

contracts to acquire stock, convertible

debt instruments, and other similar

interests as stock; and

(ii) treat stock as not stock.

(2) Expanded affiliated group.--The term ``expanded

affiliated group'' means an affiliated group as defined

in section 1504(a) of the Internal Revenue Code of 1986

(without regard to section 1504(b) of such Code),

except that section 1504 of such Code shall be applied

by substituting ``more than 50 percent'' for ``at least

80 percent'' each place it appears.

(3) Foreign incorporated entity.--The term

``foreign incorporated entity'' means any entity which

is, or but for subsection (b) would be, treated as a

foreign corporation for purposes of the Internal

Revenue Code of 1986.

(4) Other definitions.--The terms ``person'',

``domestic'', and ``foreign'' have the meanings given

such terms by paragraphs (1), (4), and (5) of section

7701(a) of the Internal Revenue Code of 1986,

respectively.

(d) Waivers.--The Secretary shall waive subsection (a) with

respect to any specific contract if the Secretary determines

that the waiver is required in the interest of national

security.

* * * * * * *

Subtitle E--Human Resources Management

SEC. 841. [6 U.S.C. 411] ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT

SYSTEM.

(a) Authority.--

(1) Sense of congress.--It is the sense of Congress

that--

(A) it is extremely important that

employees of the Department be allowed to

participate in a meaningful way in the creation

of any human resources management system

affecting them;

(B) such employees have the most direct

knowledge of the demands of their jobs and have

a direct interest in ensuring that their human

resources management system is conducive to

achieving optimal operational efficiencies;

(C) the 21st century human resources

management system envisioned for the Department

should be one that benefits from the input of

its employees; and

(D) this collaborative effort will help

secure our homeland.

* * * * * * *

(b) Effect on Personnel.--

(1) Nonseparation or nonreduction in grade or

compensation of full-time personnel and part-time

personnel holding permanent positions.--Except as

otherwise provided in this Act, the transfer under this

Act of full-time personnel (except special Government

employees) and part-time personnel holding permanent

positions shall not cause any such employee to be

separated or reduced in grade or compensation for 1

year after the date of transfer to the Department.

(2) Positions compensated in accordance with

executive schedule.--Any person who, on the day

preceding such person's date of transfer pursuant to

this Act, held a position compensated in accordance

with the Executive Schedule prescribed in chapter 53 of

title 5, United States Code, and who, without a break

in service, is appointed in the Department to a

position having duties comparable to the duties

performed immediately preceding such appointment shall

continue to be compensated in such new position at not

less than the rate provided for such position, for the

duration of the service of such person in such new

position.

(3) Coordination rule.--Any exercise of authority

under chapter 97 of title 5, United States Code (as

amended by subsection (a)), including under any system

established under such chapter, shall be in conformance

with the requirements of this subsection.

SEC. 842. [6 U.S.C. 412] LABOR-MANAGEMENT RELATIONS.

(a) Limitation on Exclusionary Authority.--

(1) In general.--No agency or subdivision of an

agency which is transferred to the Department pursuant

to this Act shall be excluded from the coverage of

chapter 71 of title 5, United States Code, as a result

of any order issued under section 7103(b)(1) of such

title 5 after June 18, 2002, unless--

(A) the mission and responsibilities of the

agency (or subdivision) materially change; and

(B) a majority of the employees within such

agency (or subdivision) have as their primary

duty intelligence, counterintelligence, or

investigative work directly related to

terrorism investigation.

(2) Exclusions allowable.--Nothing in paragraph (1)

shall affect the effectiveness of any order to the

extent that such order excludes any portion of an

agency or subdivision of an agency as to which--

(A) recognition as an appropriate unit has

never been conferred for purposes of chapter 71

of such title 5; or

(B) any such recognition has been revoked

or otherwise terminated as a result of a

determination under subsection (b)(1).

(b) Provisions Relating to Bargaining Units.--

(1) Limitation relating to appropriate units.--Each

unit which is recognized as an appropriate unit for

purposes of chapter 71 of title 5, United States Code,

as of the day before the effective date of this Act

(and any subdivision of any such unit) shall, if such

unit (or subdivision) is transferred to the Department

pursuant to this Act, continue to be so recognized for

such purposes, unless--

(A) the mission and responsibilities of

such unit (or subdivision) materially change;

and

(B) a majority of the employees within such

unit (or subdivision) have as their primary

duty intelligence, counterintelligence, or

investigative work directly related to

terrorism investigation.

(2) Limitation relating to positions or

employees.--No position or employee within a unit (or

subdivision of a unit) as to which continued

recognition is given in accordance with paragraph (1)

shall be excluded from such unit (or subdivision), for

purposes of chapter 71 of such title 5, unless the

primary job duty of such position or employee--

(A) materially changes; and

(B) consists of intelligence,

counterintelligence, or investigative work

directly related to terrorism investigation.

In the case of any positions within a unit (or

subdivision) which are first established on or after

the effective date of this Act and any employees first

appointed on or after such date, the preceding sentence

shall be applied disregarding subparagraph (A).

(c) Waiver.--If the President determines that the

application of subsections (a), (b), and (d) would have a

substantial adverse impact on the ability of the Department to

protect homeland security, the President may waive the

application of such subsections 10 days after the President has

submitted to Congress a written explanation of the reasons for

such determination.

(d) Coordination Rule.--No other provision of this Act or

of any amendment made by this Act may be construed or applied

in a manner so as to limit, supersede, or otherwise affect the

provisions of this section, except to the extent that it does

so by specific reference to this section.

(e) Rule of Construction.--Nothing in section 9701(e) of

title 5, United States Code, shall be considered to apply with

respect to any agency or subdivision of any agency, which is

excluded from the coverage of chapter 71 of title 5, United

States Code, by virtue of an order issued in accordance with

section 7103(b) of such title and the preceding provisions of

this section (as applicable), or to any employees of any such

agency or subdivision or to any individual or entity

representing any such employees or any representatives thereof.

SEC. 843. [6 U.S.C. 413] USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES

IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.

(a) In General.--Each subdivision of the Department that is

a National Drug Control Program Agency shall include as one of

the criteria in its performance appraisal system, for each

employee directly or indirectly involved in the enforcement of

Federal, State, or local narcotics laws, the performance of

that employee with respect to the enforcement of Federal,

State, or local narcotics laws, relying to the greatest extent

practicable on objective performance measures, including--

(1) the contribution of that employee to seizures

of narcotics and arrests of violators of Federal,

State, or local narcotics laws; and

(2) the degree to which that employee cooperated

with or contributed to the efforts of other employees,

either within the Department or other Federal, State,

or local agencies, in counternarcotics enforcement.

(b) Definitions.--For purposes of this section--

(1) the term ``National Drug Control Program

Agency'' means--

(A) a National Drug Control Program Agency,

as defined in section 702(7) of the Office of

National Drug Control Policy Reauthorization

Act of 1998 (as last in effect); and

(B) any subdivision of the Department that

has a significant counternarcotics

responsibility, as determined by--

(i) the counternarcotics officer,

appointed under section 878; or

(ii) if applicable, the

counternarcotics officer's successor in

function (as determined by the

Secretary); and

(2) the term ``performance appraisal system'' means

a system under which periodic appraisals of job

performance of employees are made, whether under

chapter 43 of title 5, United States Code, or

otherwise.

SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.

(a) Establishment.--

(1) In general.--Not later than 180 days after the

date of enactment of this section, the Secretary shall

establish the Homeland Security Rotation Program (in

this section referred to as the ``Rotation Program'')

for employees of the Department. The Rotation Program

shall use applicable best practices, including those

from the Chief Human Capital Officers Council.

(2) Goals.--The Rotation Program established by the

Secretary shall--

(A) be established in accordance with the

Human Capital Strategic Plan of the Department;

(B) provide middle and senior level

employees in the Department the opportunity to

broaden their knowledge through exposure to

other components of the Department;

(C) expand the knowledge base of the

Department by providing for rotational

assignments of employees to other components;

(D) build professional relationships and

contacts among the employees in the Department;

(E) invigorate the workforce with exciting

and professionally rewarding opportunities;

(F) incorporate Department human capital

strategic plans and activities, and address

critical human capital deficiencies,

recruitment and retention efforts, and

succession planning within the Federal

workforce of the Department; and

(G) complement and incorporate (but not

replace) rotational programs within the

Department in effect on the date of enactment

of this section.

(3) Administration.--

(A) In general.--The Chief Human Capital

Officer shall administer the Rotation Program.

(B) Responsibilities.--The Chief Human

Capital Officer shall--

(i) provide oversight of the

establishment and implementation of the

Rotation Program;

(ii) establish a framework that

supports the goals of the Rotation

Program and promotes cross-disciplinary

rotational opportunities;

(iii) establish eligibility for

employees to participate in the

Rotation Program and select

participants from employees who apply;

(iv) establish incentives for

employees to participate in the

Rotation Program, including promotions

and employment preferences;

(v) ensure that the Rotation

Program provides professional education

and training;

(vi) ensure that the Rotation

Program develops qualified employees

and future leaders with broad-based

experience throughout the Department;

(vii) provide for greater

interaction among employees in

components of the Department; and

(viii) coordinate with rotational

programs within the Department in

effect on the date of enactment of this

section.

(4) Allowances, privileges, and benefits.--All

allowances, privileges, rights, seniority, and other

benefits of employees participating in the Rotation

Program shall be preserved.

(5) Reporting.--Not later than 180 days after the

date of the establishment of the Rotation Program, the

Secretary shall submit a report on the status of the

Rotation Program, including a description of the

Rotation Program, the number of employees

participating, and how the Rotation Program is used in

succession planning and leadership development to the

appropriate committees of Congress.

SEC. 845. HOMELAND SECURITY EDUCATION PROGRAM.

(a) Establishment.--The Secretary, acting through the

Administrator, shall establish a graduate-level Homeland

Security Education Program in the National Capital Region to

provide educational opportunities to senior Federal officials

and selected State and local officials with homeland security

and emergency management responsibilities. The Administrator

shall appoint an individual to administer the activities under

this section.

(b) Leveraging of Existing Resources.--To maximize

efficiency and effectiveness in carrying out the Program, the

Administrator shall use existing Department-reviewed Master's

Degree curricula in homeland security, including curricula

pending accreditation, together with associated learning

materials, quality assessment tools, digital libraries,

exercise systems and other educational facilities, including

the National Domestic Preparedness Consortium, the National

Fire Academy, and the Emergency Management Institute. The

Administrator may develop additional educational programs, as

appropriate.

(c) Student Enrollment.--

(1) Sources.--The student body of the Program shall

include officials from Federal, State, local, and

tribal governments, and from other sources designated

by the Administrator.

(2) Enrollment priorities and selection criteria.--

The Administrator shall establish policies governing

student enrollment priorities and selection criteria

that are consistent with the mission of the Program.

(3) Diversity.--The Administrator shall take

reasonable steps to ensure that the student body

represents racial, gender, and ethnic diversity.

(d) Service Commitment.--

(1) In general.--Before any employee selected for

the Program may be assigned to participate in the

program, the employee shall agree in writing--

(A) to continue in the service of the

agency sponsoring the employee during the 2-

year period beginning on the date on which the

employee completes the program, unless the

employee is involuntarily separated from the

service of that agency for reasons other than a

reduction in force; and

(B) to pay to the Government the amount of

the additional expenses incurred by the

Government in connection with the employee's

education if the employee is voluntarily

separated from the service to the agency before

the end of the period described in subparagraph

(A).

(2) Payment of expenses.--

(A) Exemption.--An employee who leaves the

service of the sponsoring agency to enter into

the service of another agency in any branch of

the Government shall not be required to make a

payment under paragraph (1)(B), unless the head

of the agency that sponsored the education of

the employee notifies that employee before the

date on which the employee enters the service

of the other agency that payment is required

under that paragraph.

(B) Amount of payment.--If an employee is

required to make a payment under paragraph

(1)(B), the agency that sponsored the education

of the employee shall determine the amount of

the payment, except that such amount may not

exceed the pro rata share of the expenses

incurred for the time remaining in the 2-year

period.

(3) Recovery of payment.--If an employee who is

required to make a payment under this subsection does

not make the payment, a sum equal to the amount of the

expenses incurred by the Government for the education

of that employee is recoverable by the Government from

the employee or his estate by--

(A) setoff against accrued pay,

compensation, amount of retirement credit, or

other amount due the employee from the

Government; or

(B) such other method as is provided by lay

for the recovery of amounts owing to the

Government.

Subtitle F--Federal Emergency Procurement Flexibility

SEC. 851. [6 U.S.C. 421] DEFINITION.

In this subtitle, the term ``executive agency'' has the

meaning given that term under section 4(1) of the Office of

Federal Procurement Policy Act (41 U.S.C. 403(1)).

SEC. 852. [6 U.S.C. 422] PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY

FROM TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR

RADIOLOGICAL ATTACK.

The authorities provided in this subtitle apply to any

procurement of property or services by or for an executive

agency that, as determined by the head of the executive agency,

are to be used to facilitate defense against or recovery from

terrorism or nuclear, biological, chemical, or radiological

attack, but only if a solicitation of offers for the

procurement is issued during the 1-year period beginning on the

date of the enactment of this Act.

SEC. 853. [6 U.S.C. 423] INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR

PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR

PEACEKEEPING OPERATIONS OR CONTINGENCY OPERATIONS.

(a) Temporary Threshold Amounts.--For a procurement

referred to in section 852 that is carried out in support of a

humanitarian or peacekeeping operation or a contingency

operation, the simplified acquisition threshold definitions

shall be applied as if the amount determined under the

exception provided for such an operation in those definitions

were--

(1) in the case of a contract to be awarded and

performed, or purchase to be made, inside the United

States, $200,000; or

(2) in the case of a contract to be awarded and

performed, or purchase to be made, outside the United

States, $300,000.

(b) Simplified Acquisition Threshold Definitions.--In this

section, the term ``simplified acquisition threshold

definitions'' means the following:

(1) Section 4(11) of the Office of Federal

Procurement Policy Act (41 U.S.C. 403(11)).

(2) Section 309(d) of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C. 259(d)).

(3) Section 2302(7) of title 10, United States

Code.

(c) Small Business Reserve.--For a procurement carried out

pursuant to subsection (a), section 15(j) of the Small Business

Act (15 U.S.C. 644(j)) shall be applied as if the maximum

anticipated value identified therein is equal to the amounts

referred to in subsection (a).

SEC. 854. [6 U.S.C. 424] INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN

PROCUREMENTS.

In the administration of section 32 of the Office of

Federal Procurement Policy Act (41 U.S.C. 428) with respect to

a procurement referred to in section 852, the amount specified

in subsections (c), (d), and (f) of such section 32 shall be

deemed to be $7,500.

SEC. 855. [6 U.S.C. 425] APPLICATION OF CERTAIN COMMERCIAL ITEMS

AUTHORITIES TO CERTAIN PROCUREMENTS.

(a) Authority.--

(1) In general.--The head of an executive agency

may apply the provisions of law listed in paragraph (2)

to a procurement referred to in section 852 without

regard to whether the property or services are

commercial items.

(2) Commercial item laws.--The provisions of law

referred to in paragraph (1) are as follows:

(A) Sections 31 and 34 of the Office of

Federal Procurement Policy Act (41 U.S.C. 427,

430).

(B) Section 2304(g) of title 10, United

States Code.

(C) Section 303(g) of the Federal Property

and Administrative Services Act of 1949 (41

U.S.C. 253(g)).

(b) Inapplicability of Limitation on Use of Simplified

Acquisition Procedures.--

(1) In general.--The $5,000,000 limitation provided

in section 31(a)(2) of the Office of Federal

Procurement Policy Act (41 U.S.C. 427(a)(2)), section

2304(g)(1)(B) of title 10, United States Code, and

section 303(g)(1)(B) of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C.

253(g)(1)(B)) shall not apply to purchases of property

or services to which any of the provisions of law

referred to in subsection (a) are applied under the

authority of this section.

(2) OMB guidance.--The Director of the Office of

Management and Budget shall issue guidance and

procedures for the use of simplified acquisition

procedures for a purchase of property or services in

excess of $5,000,000 under the authority of this

section.

(c) Continuation of Authority for Simplified Purchase

Procedures.--Authority under a provision of law referred to in

subsection (a)(2) that expires under section 4202(e) of the

Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-

106; 10 U.S.C. 2304 note) shall, notwithstanding such section,

continue to apply for use by the head of an executive agency as

provided in subsections (a) and (b).

SEC. 856. [6 U.S.C. 426] USE OF STREAMLINED PROCEDURES.

(a) Required Use.--The head of an executive agency shall,

when appropriate, use streamlined acquisition authorities and

procedures authorized by law for a procurement referred to in

section 852, including authorities and procedures that are

provided under the following provisions of law:

(1) Federal property and administrative services

act of 1949.--In title III of the Federal Property and

Administrative Services Act of 1949:

(A) Paragraphs (1), (2), (6), and (7) of

subsection (c) of section 303 (41 U.S.C. 253),

relating to use of procedures other than

competitive procedures under certain

circumstances (subject to subsection (e) of

such section).

(B) Section 303J (41 U.S.C. 253j), relating

to orders under task and delivery order

contracts.

(2) Title 10, united states code.--In chapter 137

of title 10, United States Code:

(A) Paragraphs (1), (2), (6), and (7) of

subsection (c) of section 2304, relating to use

of procedures other than competitive procedures

under certain circumstances (subject to

subsection (e) of such section).

(B) Section 2304c, relating to orders under

task and delivery order contracts.

(3) Office of federal procurement policy act.--

Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of

the Office of Federal Procurement Policy Act (41 U.S.C.

416(c)), relating to inapplicability of a requirement

for procurement notice.

(b) Waiver of Certain Small Business Threshold

Requirements.--Subclause (II) of section 8(a)(1)(D)(i) of the

Small Business Act (15 U.S.C. 637(a)(1)(D)(i)) and clause (ii)

of section 31(b)(2)(A) of such Act (15 U.S.C. 657a(b)(2)(A))

shall not apply in the use of streamlined acquisition

authorities and procedures referred to in paragraphs (1)(A) and

(2)(A) of subsection (a) for a procurement referred to in

section 852.

SEC. 857. [6 U.S.C. 427] REVIEW AND REPORT BY COMPTROLLER GENERAL.

(a) Requirements.--Not later than March 31, 2004, the

Comptroller General shall--

(1) complete a review of the extent to which

procurements of property and services have been made in

accordance with this subtitle; and

(2) submit a report on the results of the review to

the Committee on Governmental Affairs of the Senate and

the Committee on Government Reform of the House of

Representatives.

(b) Content of Report.--The report under subsection (a)(2)

shall include the following matters:

(1) Assessment.--The Comptroller General's

assessment of--

(A) the extent to which property and

services procured in accordance with this title

have contributed to the capacity of the

workforce of Federal Government employees

within each executive agency to carry out the

mission of the executive agency; and

(B) the extent to which Federal Government

employees have been trained on the use of

technology.

(2) Recommendations.--Any recommendations of the

Comptroller General resulting from the assessment

described in paragraph (1).

(c) Consultation.--In preparing for the review under

subsection (a)(1), the Comptroller shall consult with the

Committee on Governmental Affairs of the Senate and the

Committee on Government Reform of the House of Representatives

on the specific issues and topics to be reviewed. The extent of

coverage needed in areas such as technology integration,

employee training, and human capital management, as well as the

data requirements of the study, shall be included as part of

the consultation.

SEC. 858. [6 U.S.C. 428] IDENTIFICATION OF NEW ENTRANTS INTO THE

FEDERAL MARKETPLACE.

The head of each executive agency shall conduct market

research on an ongoing basis to identify effectively the

capabilities, including the capabilities of small businesses

and new entrants into Federal contracting, that are available

in the marketplace for meeting the requirements of the

executive agency in furtherance of defense against or recovery

from terrorism or nuclear, biological, chemical, or

radiological attack. The head of the executive agency shall, to

the maximum extent practicable, take advantage of commercially

available market research methods, including use of commercial

databases, to carry out the research.

* * * * * * *

Subtitle G--Support Anti-terrorism by Fostering Effective Technologies

Act of 2002

SEC. 861. [6 U.S.C. 101 NOTE] SHORT TITLE.

This subtitle may be cited as the ``Support Anti-terrorism

by Fostering Effective Technologies Act of 2002'' or the

``SAFETY Act''.

SEC. 862. [6 U.S.C. 441] ADMINISTRATION.

(a) In General.--The Secretary shall be responsible for the

administration of this subtitle.

(b) Designation of Qualified Anti-Terrorism Technologies.--

The Secretary may designate anti-terrorism technologies that

qualify for protection under the system of risk management set

forth in this subtitle in accordance with criteria that shall

include, but not be limited to, the following:

(1) Prior United States Government use or

demonstrated substantial utility and effectiveness.

(2) Availability of the technology for immediate

deployment in public and private settings.

(3) Existence of extraordinarily large or

extraordinarily unquantifiable potential third party

liability risk exposure to the Seller or other provider

of such anti-terrorism technology.

(4) Substantial likelihood that such anti-terrorism

technology will not be deployed unless protections

under the system of risk management provided under this

subtitle are extended.

(5) Magnitude of risk exposure to the public if

such anti-terrorism technology is not deployed.

(6) Evaluation of all scientific studies that can

be feasibly conducted in order to assess the capability

of the technology to substantially reduce risks of

harm.

(7) Anti-terrorism technology that would be

effective in facilitating the defense against acts of

terrorism, including technologies that prevent, defeat

or respond to such acts.

(c) Regulations.--The Secretary may issue such regulations,

after notice and comment in accordance with section 553 of

title 5, United States Code, as may be necessary to carry out

this subtitle.

SEC. 863. [6 U.S.C. 442] LITIGATION MANAGEMENT.

(a) Federal Cause of Action.--

(1) In general.--There shall exist a Federal cause

of action for claims arising out of, relating to, or

resulting from an act of terrorism when qualified anti-

terrorism technologies have been deployed in defense

against or response or recovery from such act and such

claims result or may result in loss to the Seller. The

substantive law for decision in any such action shall

be derived from the law, including choice of law

principles, of the State in which such acts of

terrorism occurred, unless such law is inconsistent

with or preempted by Federal law. Such Federal cause of

action shall be brought only for claims for injuries

that are proximately caused by sellers that provide

qualified anti-terrorism technology to Federal and non-

Federal government customers.

(2) Jurisdiction.--Such appropriate district court

of the United States shall have original and exclusive

jurisdiction over all actions for any claim for loss of

property, personal injury, or death arising out of,

relating to, or resulting from an act of terrorism when

qualified anti-terrorism technologies have been

deployed in defense against or response or recovery

from such act and such claims result or may result in

loss to the Seller.

(b) Special Rules.--In an action brought under this section

for damages the following provisions apply:

(1) Punitive damages.--No punitive damages intended

to punish or deter, exemplary damages, or other damages

not intended to compensate a plaintiff for actual

losses may be awarded, nor shall any party be liable

for interest prior to the judgment.

(2) Noneconomic damages.--

(A) In general.--Noneconomic damages may be

awarded against a defendant only in an amount

directly proportional to the percentage of

responsibility of such defendant for the harm

to the plaintiff, and no plaintiff may recover

noneconomic damages unless the plaintiff

suffered physical harm.

(B) Definition.--For purposes of

subparagraph (A), the term ``noneconomic

damages'' means damages for losses for physical

and emotional pain, suffering, inconvenience,

physical impairment, mental anguish,

disfigurement, loss of enjoyment of life, loss

of society and companionship, loss of

consortium, hedonic damages, injury to

reputation, and any other nonpecuniary losses.

(c) Collateral Sources.--Any recovery by a plaintiff in an

action under this section shall be reduced by the amount of

collateral source compensation, if any, that the plaintiff has

received or is entitled to receive as a result of such acts of

terrorism that result or may result in loss to the Seller.

(d) Government Contractor Defense.--

(1) In general.--Should a product liability or

other lawsuit be filed for claims arising out of,

relating to, or resulting from an act of terrorism when

qualified anti-terrorism technologies approved by the

Secretary, as provided in paragraphs (2) and (3) of

this subsection, have been deployed in defense against

or response or recovery from such act and such claims

result or may result in loss to the Seller, there shall

be a rebuttable presumption that the government

contractor defense applies in such lawsuit. This

presumption shall only be overcome by evidence showing

that the Seller acted fraudulently or with willful

misconduct in submitting information to the Secretary

during the course of the Secretary's consideration of

such technology under this subsection. This presumption

of the government contractor defense shall apply

regardless of whether the claim against the Seller

arises from a sale of the product to Federal Government

or non-Federal Government customers.

(2) Exclusive responsibility.--The Secretary will

be exclusively responsible for the review and approval

of anti-terrorism technology for purposes of

establishing a government contractor defense in any

product liability lawsuit for claims arising out of,

relating to, or resulting from an act of terrorism when

qualified anti-terrorism technologies approved by the

Secretary, as provided in this paragraph and paragraph

(3), have been deployed in defense against or response

or recovery from such act and such claims result or may

result in loss to the Seller. Upon the Seller's

submission to the Secretary for approval of anti-

terrorism technology, the Secretary will conduct a

comprehensive review of the design of such technology

and determine whether it will perform as intended,

conforms to the Seller's specifications, and is safe

for use as intended. The Seller will conduct safety and

hazard analyses on such technology and will supply the

Secretary with all such information.

(3) Certificate.--For anti-terrorism technology

reviewed and approved by the Secretary, the Secretary

will issue a certificate of conformance to the Seller

and place the anti-terrorism technology on an Approved

Product List for Homeland Security.

(e) Exclusion.--Nothing in this section shall in any way

limit the ability of any person to seek any form of recovery

from any person, government, or other entity that--

(1) attempts to commit, knowingly participates in,

aids and abets, or commits any act of terrorism, or any

criminal act related to or resulting from such act of

terrorism; or

(2) participates in a conspiracy to commit any such

act of terrorism or any such criminal act.

SEC. 864. [6 U.S.C. 443] RISK MANAGEMENT.

(a) In General.--

(1) Liability insurance required.--Any person or

entity that sells or otherwise provides a qualified

anti-terrorism technology to Federal and non-Federal

Government customers (``Seller'') shall obtain

liability insurance of such types and in such amounts

as shall be required in accordance with this section

and certified by the Secretary to satisfy otherwise

compensable third-party claims arising out of, relating

to, or resulting from an act of terrorism when

qualified anti-terrorism technologies have been

deployed in defense against or response or recovery

from such act.

(2) Maximum amount.--For the total claims related

to 1 such act of terrorism, the Seller is not required

to obtain liability insurance of more than the maximum

amount of liability insurance reasonably available from

private sources on the world market at prices and terms

that will not unreasonably distort the sales price of

Seller's anti-terrorism technologies.

(3) Scope of coverage.--Liability insurance

obtained pursuant to this subsection shall, in addition

to the Seller, protect the following, to the extent of

their potential liability for involvement in the

manufacture, qualification, sale, use, or operation of

qualified anti-terrorism technologies deployed in

defense against or response or recovery from an act of

terrorism:

(A) Contractors, subcontractors, suppliers,

vendors and customers of the Seller.

(B) Contractors, subcontractors, suppliers,

and vendors of the customer.

(4) Third party claims.--Such liability insurance

under this section shall provide coverage against third

party claims arising out of, relating to, or resulting

from the sale or use of anti-terrorism technologies.

(b) Reciprocal Waiver of Claims.--The Seller shall enter

into a reciprocal waiver of claims with its contractors,

subcontractors, suppliers, vendors and customers, and

contractors and subcontractors of the customers, involved in

the manufacture, sale, use or operation of qualified anti-

terrorism technologies, under which each party to the waiver

agrees to be responsible for losses, including business

interruption losses, that it sustains, or for losses sustained

by its own employees resulting from an activity resulting from

an act of terrorism when qualified anti-terrorism technologies

have been deployed in defense against or response or recovery

from such act.

(c) Extent of Liability.--Notwithstanding any other

provision of law, liability for all claims against a Seller

arising out of, relating to, or resulting from an act of

terrorism when qualified anti-terrorism technologies have been

deployed in defense against or response or recovery from such

act and such claims result or may result in loss to the Seller,

whether for compensatory or punitive damages or for

contribution or indemnity, shall not be in an amount greater

than the limits of liability insurance coverage required to be

maintained by the Seller under this section.

SEC. 865. [6 U.S.C. 444] DEFINITIONS.

For purposes of this subtitle, the following definitions

apply:

(1) Qualified anti-terrorism technology.--For

purposes of this subtitle, the term ``qualified anti-

terrorism technology'' means any product, equipment,

service (including support services), device, or

technology (including information technology) designed,

developed, modified, or procured for the specific

purpose of preventing, detecting, identifying, or

deterring acts of terrorism or limiting the harm such

acts might otherwise cause, that is designated as such

by the Secretary.

(2) Act of terrorism.--(A) The term ``act of

terrorism'' means any act that the Secretary determines

meets the requirements under subparagraph (B), as such

requirements are further defined and specified by the

Secretary.

(B) Requirements.--An act meets the requirements of

this subparagraph if the act--

(i) is unlawful;

(ii) causes harm to a person, property, or

entity, in the United States, or in the case of

a domestic United States air carrier or a

United States-flag vessel (or a vessel based

principally in the United States on which

United States income tax is paid and whose

insurance coverage is subject to regulation in

the United States), in or outside the United

States; and

(iii) uses or attempts to use

instrumentalities, weapons or other methods

designed or intended to cause mass destruction,

injury or other loss to citizens or

institutions of the United States.

(3) Insurance carrier.--The term ``insurance

carrier'' means any corporation, association, society,

order, firm, company, mutual, partnership, individual

aggregation of individuals, or any other legal entity

that provides commercial property and casualty

insurance. Such term includes any affiliates of a

commercial insurance carrier.

(4) Liability insurance.--

(A) In general.--The term ``liability

insurance'' means insurance for legal

liabilities incurred by the insured resulting

from--

(i) loss of or damage to property

of others;

(ii) ensuing loss of income or

extra expense incurred because of loss

of or damage to property of others;

(iii) bodily injury (including) to

persons other than the insured or its

employees; or

(iv) loss resulting from debt or

default of another.

(5) Loss.--The term ``loss'' means death, bodily

injury, or loss of or damage to property, including

business interruption loss.

(6) Non-federal government customers.--The term

``non-Federal Government customers'' means any customer

of a Seller that is not an agency or instrumentality of

the United States Government with authority under

Public Law 85-804 to provide for indemnification under

certain circumstances for third-party claims against

its contractors, including but not limited to State and

local authorities and commercial entities.

Subtitle H--Miscellaneous Provisions

SEC. 871. [6 U.S.C. 451] ADVISORY COMMITTEES.

(a) In General.--The Secretary may establish, appoint

members of, and use the services of, advisory committees, as

the Secretary may deem necessary. An advisory committee

established under this section may be exempted by the Secretary

from Public Law 92-463, but the Secretary shall publish notice

in the Federal Register announcing the establishment of such a

committee and identifying its purpose and membership.

Notwithstanding the preceding sentence, members of an advisory

committee that is exempted by the Secretary under the preceding

sentence who are special Government employees (as that term is

defined in section 202 of title 18, United States Code) shall

be eligible for certifications under subsection (b)(3) of

section 208 of title 18, United States Code, for official

actions taken as a member of such advisory committee.

(b) Termination.--Any advisory committee established by the

Secretary shall terminate 2 years after the date of its

establishment, unless the Secretary makes a written

determination to extend the advisory committee to a specified

date, which shall not be more than 2 years after the date on

which such determination is made. The Secretary may make any

number of subsequent extensions consistent with this

subsection.

SEC. 872. [6 U.S.C. 452] REORGANIZATION.

(a) Reorganization.--The Secretary may allocate or

reallocate functions among the officers of the Department, and

may establish, consolidate, alter, or discontinue

organizational units within the Department, but only--

(1) pursuant to section 1502(b); or

(2) after the expiration of 60 days after providing

notice of such action to the appropriate congressional

committees, which shall include an explanation of the

rationale for the action.

(b) Limitations.--

(1) In general.--Authority under subsection (a)(1)

does not extend to the abolition of any agency, entity,

organizational unit, program, or function established

or required to be maintained by this Act.

(2) Abolitions.--Authority under subsection (a)(2)

does not extend to the abolition of any agency, entity,

organizational unit, program, or function established

or required to be maintained by statute.

SEC. 873. [6 U.S.C. 453] USE OF APPROPRIATED FUNDS.

(a) Disposal of Property.--

(1) Strict compliance.--If specifically authorized

to dispose of real property in this or any other Act,

the Secretary shall exercise this authority in strict

compliance with section 204 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 485).

(2) Deposit of proceeds.--The Secretary shall

deposit the proceeds of any exercise of property

disposal authority into the miscellaneous receipts of

the Treasury in accordance with section 3302(b) of

title 31, United States Code.

(b) Gifts.--Except as authorized by section 2601 of title

10, United States Code, and by section 93 of title 14, United

States Code, gifts \1\ or donations of services or property of

or for the Department may not be accepted, used, or disposed of

unless specifically permitted in advance in an appropriations

Act and only under the conditions and for the purposes

specified in such appropriations Act.

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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.

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(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.

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