Homeland Security Act of 2002 / Updated Through October 14, 2008

by United States. Congress. House. Committee on Homeland Security

<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.--
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\1\ Subsection (g) of section 451 was added by section 2(a) of
Public Law 110-382. Section 4 of such Public Law provides:
SEC. 4. SUNSET PROVISION.
---------------------------------------------------------------------------
This Act and the amendments made by this Act are repealed on the
date that is 5 years after the date of the enactment of this Act.
[enactment date is October 9, 2008]
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(1) In general.--There shall be an Office of the
FBI Liaison in the Department of Homeland Security.
(2) Functions.--The Office of the FBI Liaison shall
monitor the progress of the functions of the Federal
Bureau of Investigation in the naturalization process
to assist in the expeditious completion of all such
functions pertaining to naturalization applications
filed by, or on behalf of--
(A) current or former members of the Armed
Forces under section 328 or 329 of the
Immigration and Nationality Act (8 U.S.C. 1439
and 1440);
(B) current spouses of United States
citizens who are currently serving on active
duty in the Armed Forces, who qualify for
naturalization under section 319(b) of the
Immigration and Nationality Act (8 U.S.C.
1430(b)), and surviving spouses and children
who qualify for naturalization under section
319(d) of such Act; or
(C) a deceased individual who is eligible
for posthumous citizenship under section 329A
of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection.
SEC. 452. [6 U.S.C. 272] CITIZENSHIP AND IMMIGRATION SERVICES
OMBUDSMAN.
(a) In General.--Within the Department, there shall be a
position of Citizenship and Immigration Services Ombudsman (in
this section referred to as the ``Ombudsman''). The Ombudsman
shall report directly to the Deputy Secretary. The Ombudsman
shall have a background in customer service as well as
immigration law.
(b) Functions.--It shall be the function of the Ombudsman--
(1) to assist individuals and employers in
resolving problems with the Bureau of Citizenship and
Immigration Services;
(2) to identify areas in which individuals and
employers have problems in dealing with the Bureau of
Citizenship and Immigration Services; and
(3) to the extent possible, to propose changes in
the administrative practices of the Bureau of
Citizenship and Immigration Services to mitigate
problems identified under paragraph (2).
(c) Annual Reports.--
(1) Objectives.--Not later than June 30 of each
calendar year, the Ombudsman shall report to the
Committee on the Judiciary of the House of
Representatives and the Senate on the objectives of the
Office of the Ombudsman for the fiscal year beginning
in such calendar year. Any such report shall contain
full and substantive analysis, in addition to
statistical information, and--
(A) shall identify the recommendations the
Office of the Ombudsman has made on improving
services and responsiveness of the Bureau of
Citizenship and Immigration Services;
(B) shall contain a summary of the most
pervasive and serious problems encountered by
individuals and employers, including a
description of the nature of such problems;
(C) shall contain an inventory of the items
described in subparagraphs (A) and (B) for
which action has been taken and the result of
such action;
(D) shall contain an inventory of the items
described in subparagraphs (A) and (B) for
which action remains to be completed and the
period during which each item has remained on
such inventory;
(E) shall contain an inventory of the items
described in subparagraphs (A) and (B) for
which no action has been taken, the period
during which each item has remained on such
inventory, the reasons for the inaction, and
shall identify any official of the Bureau of
Citizenship and Immigration Services who is
responsible for such inaction;
(F) shall contain recommendations for such
administrative action as may be appropriate to
resolve problems encountered by individuals and
employers, including problems created by
excessive backlogs in the adjudication and
processing of immigration benefit petitions and
applications; and
(G) shall include such other information as
the Ombudsman may deem advisable.
(2) Report to be submitted directly.--Each report
required under this subsection shall be provided
directly to the committees described in paragraph (1)
without any prior comment or amendment from the
Secretary, Deputy Secretary, Director of the Bureau of
Citizenship and Immigration Services, or any other
officer or employee of the Department or the Office of
Management and Budget.
(d) Other Responsibilities.--The Ombudsman--
(1) shall monitor the coverage and geographic
allocation of local offices of the Ombudsman;
(2) shall develop guidance to be distributed to all
officers and employees of the Bureau of Citizenship and
Immigration Services outlining the criteria for
referral of inquiries to local offices of the
Ombudsman;
(3) shall ensure that the local telephone number
for each local office of the Ombudsman is published and
available to individuals and employers served by the
office; and
(4) shall meet regularly with the Director of the
Bureau of Citizenship and Immigration Services to
identify serious service problems and to present
recommendations for such administrative action as may
be appropriate to resolve problems encountered by
individuals and employers.
(e) Personnel Actions.--
(1) In general.--The Ombudsman shall have the
responsibility and authority--
(A) to appoint local ombudsmen and make
available at least 1 such ombudsman for each
State; and
(B) to evaluate and take personnel actions
(including dismissal) with respect to any
employee of any local office of the Ombudsman.
(2) Consultation.--The Ombudsman may consult with
the appropriate supervisory personnel of the Bureau of
Citizenship and Immigration Services in carrying out
the Ombudsman's responsibilities under this subsection.
(f) Responsibilities of Bureau of Citizenship and
Immigration Services.--The Director of the Bureau of
Citizenship and Immigration Services shall establish procedures
requiring a formal response to all recommendations submitted to
such director by the Ombudsman within 3 months after submission
to such director.
(g) Operation of Local Offices.--
(1) In general.--Each local ombudsman--
(A) shall report to the Ombudsman or the
delegate thereof;
(B) may consult with the appropriate
supervisory personnel of the Bureau of
Citizenship and Immigration Services regarding
the daily operation of the local office of such
ombudsman;
(C) shall, at the initial meeting with any
individual or employer seeking the assistance
of such local office, notify such individual or
employer that the local offices of the
Ombudsman operate independently of any other
component of the Department and report directly
to Congress through the Ombudsman; and
(D) at the local ombudsman's discretion,
may determine not to disclose to the Bureau of
Citizenship and Immigration Services contact
with, or information provided by, such
individual or employer.
(2) Maintenance of independent communications.--
Each local office of the Ombudsman shall maintain a
phone, facsimile, and other means of electronic
communication access, and a post office address, that
is separate from those maintained by the Bureau of
Citizenship and Immigration Services, or any component
of the Bureau of Citizenship and Immigration Services.
SEC. 453. [6 U.S.C. 273] PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.
(a) In General.--The Director of the Bureau of Citizenship
and Immigration Services shall be responsible for--
(1) conducting investigations of noncriminal
allegations of misconduct, corruption, and fraud
involving any employee of the Bureau of Citizenship and
Immigration Services that are not subject to
investigation by the Inspector General for the
Department;
(2) inspecting the operations of the Bureau of
Citizenship and Immigration Services and providing
assessments of the quality of the operations of such
bureau as a whole and each of its components; and
(3) providing an analysis of the management of the
Bureau of Citizenship and Immigration Services.
(b) Special Considerations.--In providing assessments in
accordance with subsection (a)(2) with respect to a decision of
the Bureau of Citizenship and Immigration Services, or any of
its components, consideration shall be given to--
(1) the accuracy of the findings of fact and
conclusions of law used in rendering the decision;
(2) any fraud or misrepresentation associated with
the decision; and
(3) the efficiency with which the decision was
rendered.
SEC. 454. [6 U.S.C. 274] EMPLOYEE DISCIPLINE.
The Director of the Bureau of Citizenship and Immigration
Services may, notwithstanding any other provision of law,
impose disciplinary action, including termination of
employment, pursuant to policies and procedures applicable to
employees of the Federal Bureau of Investigation, on any
employee of the Bureau of Citizenship and Immigration Services
who willfully deceives Congress or agency leadership on any
matter.
SEC. 455. [6 U.S.C. 271 NOTE] EFFECTIVE DATE.
Notwithstanding section 4, sections 451 through 456, and
the amendments made by such sections, shall take effect on the
date on which the transfer of functions specified under section
441 takes effect.
SEC. 456. [6 U.S.C. 275] TRANSITION.
(a) References.--With respect to any function transferred
by this subtitle to, and exercised on or after the effective
date specified in section 455 by, the Director of the Bureau of
Citizenship and Immigration Services, any reference in any
other Federal law, Executive order, rule, regulation, or
delegation of authority, or any document of or pertaining to a
component of government from which such function is
transferred--
(1) to the head of such component is deemed to
refer to the Director of the Bureau of Citizenship and
Immigration Services; or
(2) to such component is deemed to refer to the
Bureau of Citizenship and Immigration Services.
(b) Other Transition Issues.--
(1) Exercise of authorities.--Except as otherwise
provided by law, a Federal official to whom a function
is transferred by this subtitle may, for purposes of
performing the function, exercise all authorities under
any other provision of law that were available with
respect to the performance of that function to the
official responsible for the performance of the
function immediately before the effective date
specified in section 455.
(2) Transfer and allocation of appropriations and
personnel.--The personnel of the Department of Justice
employed in connection with the functions transferred
by this subtitle (and functions that the Secretary
determines are properly related to the functions of the
Bureau of Citizenship and Immigration Services), and
the assets, liabilities, contracts, property, records,
and unexpended balance of appropriations,
authorizations, allocations, and other funds employed,
held, used, arising from, available to, or to be made
available to, the Immigration and Naturalization
Service in connection with the functions transferred by
this subtitle, subject to section 202 of the Budget and
Accounting Procedures Act of 1950, shall be transferred
to the Director of the Bureau of Citizenship and
Immigration Services for allocation to the appropriate
component of the Department. Unexpended funds
transferred pursuant to this paragraph shall be used
only for the purposes for which the funds were
originally authorized and appropriated. The Secretary
shall have the right to adjust or realign transfers of
funds and personnel effected pursuant to this subtitle
for a period of 2 years after the effective date
specified in section 455.
* * * * * * *
SEC. 459. [6 U.S.C. 276] REPORT ON IMPROVING IMMIGRATION SERVICES.
(a) In General.--The Secretary, not later than 1 year after
the effective date of this Act, shall submit to the Committees
on the Judiciary and Appropriations of the House of
Representatives and of the Senate a report with a plan
detailing how the Bureau of Citizenship and Immigration
Services, after the transfer of functions specified in this
subtitle takes effect, will complete efficiently, fairly, and
within a reasonable time, the adjudications described in
paragraphs (1) through (5) of section 451(b).
(b) Contents.--For each type of adjudication to be
undertaken by the Director of the Bureau of Citizenship and
Immigration Services, the report shall include the following:
(1) Any potential savings of resources that may be
implemented without affecting the quality of the
adjudication.
(2) The goal for processing time with respect to
the application.
(3) Any statutory modifications with respect to the
adjudication that the Secretary considers advisable.
(c) Consultation.--In carrying out subsection (a), the
Secretary shall consult with the Secretary of State, the
Secretary of Labor, the Assistant Secretary of the Bureau of
Border Security of the Department, and the Director of the
Executive Office for Immigration Review to determine how to
streamline and improve the process for applying for and making
adjudications described in section 451(b) and related
processes.
SEC. 460. [6 U.S.C. 277] REPORT ON RESPONDING TO FLUCTUATING NEEDS.
Not later than 30 days after the date of the enactment of
this Act, the Attorney General shall submit to Congress a
report on changes in law, including changes in authorizations
of appropriations and in appropriations, that are needed to
permit the Immigration and Naturalization Service, and, after
the transfer of functions specified in this subtitle takes
effect, the Bureau of Citizenship and Immigration Services of
the Department, to ensure a prompt and timely response to
emergent, unforeseen, or impending changes in the number of
applications for immigration benefits, and otherwise to ensure
the accommodation of changing immigration service needs.
SEC. 461. [6 U.S.C. 278] APPLICATION OF INTERNET-BASED TECHNOLOGIES.
(a) Establishment of Tracking System.--The Secretary, not
later than 1 year after the effective date of this Act, in
consultation with the Technology Advisory Committee established
under subsection (c), shall establish an Internet-based system,
that will permit a person, employer, immigrant, or nonimmigrant
who has filings with the Secretary for any benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), access
to online information about the processing status of the filing
involved.
(b) Feasibility Study for Online Filing and Improved
Processing.--
(1) Online filing.--The Secretary, in consultation
with the Technology Advisory Committee established
under subsection (c), shall conduct a feasibility study
on the online filing of the filings described in
subsection (a). The study shall include a review of
computerization and technology of the Immigration and
Naturalization Service relating to the immigration
services and processing of filings related to immigrant
services. The study shall also include an estimate of
the timeframe and cost and shall consider other factors
in implementing such a filing system, including the
feasibility of fee payment online.
(2) Report.--A report on the study under this
subsection shall be submitted to the Committees on the
Judiciary of the House of Representatives and the
Senate not later than 1 year after the effective date
of this Act.
(c) Technology Advisory Committee.--
(1) Establishment.--The Secretary shall establish,
not later than 60 days after the effective date of this
Act, an advisory committee (in this section referred to
as the ``Technology Advisory Committee'') to assist the
Secretary in--
(A) establishing the tracking system under
subsection (a); and
(B) conducting the study under subsection
(b).
The Technology Advisory Committee shall be established
after consultation with the Committees on the Judiciary
of the House of Representatives and the Senate.
(2) Composition.--The Technology Advisory Committee
shall be composed of representatives from high
technology companies capable of establishing and
implementing the system in an expeditious manner, and
representatives of persons who may use the tracking
system described in subsection (a) and the online
filing system described in subsection (b)(1).
SEC. 462. [6 U.S.C. 279] CHILDREN'S AFFAIRS.
(a) Transfer of Functions.--There are transferred to the
Director of the Office of Refugee Resettlement of the
Department of Health and Human Services functions under the
immigration laws of the United States with respect to the care
of unaccompanied alien children that were vested by statute in,
or performed by, the Commissioner of Immigration and
Naturalization (or any officer, employee, or component of the
Immigration and Naturalization Service) immediately before the
effective date specified in subsection (d).
(b) Functions.--
(1) In general.--Pursuant to the transfer made by
subsection (a), the Director of the Office of Refugee
Resettlement shall be responsible for--
(A) coordinating and implementing the care
and placement of unaccompanied alien children
who are in Federal custody by reason of their
immigration status, including developing a plan
to be submitted to Congress on how to ensure
that qualified and independent legal counsel is
timely appointed to represent the interests of
each such child, consistent with the law
regarding appointment of counsel that is in
effect on the date of the enactment of this
Act;
(B) ensuring that the interests of the
child are considered in decisions and actions
relating to the care and custody of an
unaccompanied alien child;
(C) making placement determinations for all
unaccompanied alien children who are in Federal
custody by reason of their immigration status;
(D) implementing the placement
determinations;
(E) implementing policies with respect to
the care and placement of unaccompanied alien
children;
(F) identifying a sufficient number of
qualified individuals, entities, and facilities
to house unaccompanied alien children;
(G) overseeing the infrastructure and
personnel of facilities in which unaccompanied
alien children reside;
(H) reuniting unaccompanied alien children
with a parent abroad in appropriate cases;
(I) compiling, updating, and publishing at
least annually a state-by-state list of
professionals or other entities qualified to
provide guardian and attorney representation
services for unaccompanied alien children;
(J) maintaining statistical information and
other data on unaccompanied alien children for
whose care and placement the Director is
responsible, which shall include--
(i) biographical information, such
as a child's name, gender, date of
birth, country of birth, and country of
habitual residence;
(ii) the date on which the child
came into Federal custody by reason of
his or her immigration status;
(iii) information relating to the
child's placement, removal, or release
from each facility in which the child
has resided;
(iv) in any case in which the child
is placed in detention or released, an
explanation relating to the detention
or release; and
(v) the disposition of any actions
in which the child is the subject;
(K) collecting and compiling statistical
information from the Department of Justice, the
Department of Homeland Security, and the
Department of State on each department's
actions relating to unaccompanied alien
children; and
(L) conducting investigations and
inspections of facilities and other entities in
which unaccompanied alien children reside.
(2) Coordination with other entities; no release on
own recognizance.--In making determinations described
in paragraph (1)(C), the Director of the Office of
Refugee Resettlement--
(A) shall consult with appropriate juvenile
justice professionals, the Director of the
Bureau of Citizenship and Immigration Services,
and the Assistant Secretary of the Bureau of
Border Security to ensure that such
determinations ensure that unaccompanied alien
children described in such subparagraph--
(i) are likely to appear for all
hearings or proceedings in which they
are involved;
(ii) are protected from smugglers,
traffickers, or others who might seek
to victimize or otherwise engage them
in criminal, harmful, or exploitive
activity; and
(iii) are placed in a setting in
which they are not likely to pose a
danger to themselves or others; and
(B) shall not release such children upon
their own recognizance.
(3) Duties with respect to foster care.--In
carrying out the duties described in paragraph (1)(G),
the Director of the Office of Refugee Resettlement is
encouraged to use the refugee children foster care
system established pursuant to section 412(d) of the
Immigration and Nationality Act (8 U.S.C. 1522(d)) for
the placement of unaccompanied alien children.
(c) Rule of Construction.--Nothing in this section may be
construed to transfer the responsibility for adjudicating
benefit determinations under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) from the authority of any official
of the Department of Justice, the Department of Homeland
Security, or the Department of State.
(d) Effective Date.--Notwithstanding section 4, this
section shall take effect on the date on which the transfer of
functions specified under section 441 takes effect.
(e) References.--With respect to any function transferred
by this section, any reference in any other Federal law,
Executive order, rule, regulation, or delegation of authority,
or any document of or pertaining to a component of government
from which such function is transferred--
(1) to the head of such component is deemed to
refer to the Director of the Office of Refugee
Resettlement; or
(2) to such component is deemed to refer to the
Office of Refugee Resettlement of the Department of
Health and Human Services.
(f) Other Transition Issues.--
(1) Exercise of authorities.--Except as otherwise
provided by law, a Federal official to whom a function
is transferred by this section may, for purposes of
performing the function, exercise all authorities under
any other provision of law that were available with
respect to the performance of that function to the
official responsible for the performance of the
function immediately before the effective date
specified in subsection (d).
(2) Savings provisions.--Subsections (a), (b), and
(c) of section 1512 shall apply to a transfer of
functions under this section in the same manner as such
provisions apply to a transfer of functions under this
Act to the Department of Homeland Security.
(3) Transfer and allocation of appropriations and
personnel.--The personnel of the Department of Justice
employed in connection with the functions transferred
by this section, and the assets, liabilities,
contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other
funds employed, held, used, arising from, available to,
or to be made available to, the Immigration and
Naturalization Service in connection with the functions
transferred by this section, subject to section 202 of
the Budget and Accounting Procedures Act of 1950, shall
be transferred to the Director of the Office of Refugee
Resettlement for allocation to the appropriate
component of the Department of Health and Human
Services. Unexpended funds transferred pursuant to this
paragraph shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(g) Definitions.--As used in this section--
(1) the term ``placement'' means the placement of
an unaccompanied alien child in either a detention
facility or an alternative to such a facility; and
(2) the term ``unaccompanied alien child'' means a
child who--
(A) has no lawful immigration status in the
United States;
(B) has not attained 18 years of age; and
(C) with respect to whom--
(i) there is no parent or legal
guardian in the United States; or
(ii) no parent or legal guardian in
the United States is available to
provide care and physical custody.
Subtitle F--General Immigration Provisions
SEC. 471. [6 U.S.C. 291] ABOLISHMENT OF INS.
(a) In General.--Upon completion of all transfers from the
Immigration and Naturalization Service as provided for by this
Act, the Immigration and Naturalization Service of the
Department of Justice is abolished.
(b) Prohibition.--The authority provided by section 1502
may be used to reorganize functions or organizational units
within the Bureau of Border Security or the Bureau of
Citizenship and Immigration Services, but may not be used to
recombine the two bureaus into a single agency or otherwise to
combine, join, or consolidate functions or organizational units
of the two bureaus with each other.
SEC. 472. [6 U.S.C. 292] VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Definitions.--For purposes of this section--
(1) the term ``employee'' means an employee (as
defined by section 2105 of title 5, United States Code)
who--
(A) has completed at least 3 years of
current continuous service with 1 or more
covered entities; and
(B) is serving under an appointment without
time limitation,
but does not include any person under subparagraphs
(A)-(G) of section 663(a)(2) of Public Law 104-208 (5
U.S.C. 5597 note);
(2) the term ``covered entity'' means--
(A) the Immigration and Naturalization
Service;
(B) the Bureau of Border Security of the
Department of Homeland Security; and
(C) the Bureau of Citizenship and
Immigration Services of the Department of
Homeland Security; and
(3) the term ``transfer date'' means the date on
which the transfer of functions specified under section
441 takes effect.
(b) Strategic Restructuring Plan.--Before the Attorney
General or the Secretary obligates any resources for voluntary
separation incentive payments under this section, such official
shall submit to the appropriate committees of Congress a
strategic restructuring plan, which shall include--
(1) an organizational chart depicting the covered
entities after their restructuring pursuant to this
Act;
(2) a summary description of how the authority
under this section will be used to help carry out that
restructuring; and
(3) the information specified in section 663(b)(2)
of Public Law 104-208 (5 U.S.C. 5597 note).
As used in the preceding sentence, the ``appropriate committees
of Congress'' are the Committees on Appropriations, Government
Reform, and the Judiciary of the House of Representatives, and
the Committees on Appropriations, Governmental Affairs, and the
Judiciary of the Senate.
(c) Authority.--The Attorney General and the Secretary may,
to the extent necessary to help carry out their respective
strategic restructuring plan described in subsection (b), make
voluntary separation incentive payments to employees. Any such
payment--
(1) shall be paid to the employee, in a lump sum,
after the employee has separated from service;
(2) shall be paid from appropriations or funds
available for the payment of basic pay of the employee;
(3) shall be equal to the lesser of--
(A) the amount the employee would be
entitled to receive under section 5595(c) of
title 5, United States Code; or
(B) an amount not to exceed $25,000, as
determined by the Attorney General or the
Secretary;
(4) may not be made except in the case of any
qualifying employee who voluntarily separates (whether
by retirement or resignation) before the end of--
(A) the 3-month period beginning on the
date on which such payment is offered or made
available to such employee; or
(B) the 3-year period beginning on the date
of the enactment of this Act,
whichever occurs first;
(5) shall not be a basis for payment, and shall not
be included in the computation, of any other type of
Government benefit; and
(6) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United
States Code, based on any other separation.
(d) Additional Agency Contributions to the Retirement
Fund.--
(1) In general.--In addition to any payments which
it is otherwise required to make, the Department of
Justice and the Department of Homeland Security shall,
for each fiscal year with respect to which it makes any
voluntary separation incentive payments under this
section, remit to the Office of Personnel Management
for deposit in the Treasury of the United States to the
credit of the Civil Service Retirement and Disability
Fund the amount required under paragraph (2).
(2) Amount required.--The amount required under
this paragraph shall, for any fiscal year, be the
amount under subparagraph (A) or (B), whichever is
greater.
(A) First method.--The amount under this
subparagraph shall, for any fiscal year, be
equal to the minimum amount necessary to offset
the additional costs to the retirement systems
under title 5, United States Code (payable out
of the Civil Service Retirement and Disability
Fund) resulting from the voluntary separation
of the employees described in paragraph (3), as
determined under regulations of the Office of
Personnel Management.
(B) Second method.--The amount under this
subparagraph shall, for any fiscal year, be
equal to 45 percent of the sum total of the
final basic pay of the employees described in
paragraph (3).
(3) Computations to be based on separations
occurring in the fiscal year involved.--The employees
described in this paragraph are those employees who
receive a voluntary separation incentive payment under
this section based on their separating from service
during the fiscal year with respect to which the
payment under this subsection relates.
(4) Final basic pay defined.--In this subsection,
the term ``final basic pay'' means, with respect to an
employee, the total amount of basic pay which would be
payable for a year of service by such employee,
computed using the employee's final rate of basic pay,
and, if last serving on other than a full-time basis,
with appropriate adjustment therefor.
(e) Effect of Subsequent Employment With the Government.--
An individual who receives a voluntary separation incentive
payment under this section and who, within 5 years after the
date of the separation on which the payment is based, accepts
any compensated employment with the Government or works for any
agency of the Government through a personal services contract,
shall be required to pay, prior to the individual's first day
of employment, the entire amount of the incentive payment. Such
payment shall be made to the covered entity from which the
individual separated or, if made on or after the transfer date,
to the Deputy Secretary or the Under Secretary for Border and
Transportation Security (for transfer to the appropriate
component of the Department of Homeland Security, if
necessary).
(f) Effect on Employment Levels.--
(1) Intended effect.--Voluntary separations under
this section are not intended to necessarily reduce the
total number of full-time equivalent positions in any
covered entity.
(2) Use of voluntary separations.--A covered entity
may redeploy or use the full-time equivalent positions
vacated by voluntary separations under this section to
make other positions available to more critical
locations or more critical occupations.
SEC. 473. [6 U.S.C. 293] AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT
RELATING TO DISCIPLINARY ACTION.
(a) In General.--The Attorney General and the Secretary may
each, during a period ending not later than 5 years after the
date of the enactment of this Act, conduct a demonstration
project for the purpose of determining whether one or more
changes in the policies or procedures relating to methods for
disciplining employees would result in improved personnel
management.
(b) Scope.--A demonstration project under this section--
(1) may not cover any employees apart from those
employed in or under a covered entity; and
(2) shall not be limited by any provision of
chapter 43, 75, or 77 of title 5, United States Code.
(c) Procedures.--Under the demonstration project--
(1) the use of alternative means of dispute
resolution (as defined in section 571 of title 5,
United States Code) shall be encouraged, whenever
appropriate; and
(2) each covered entity under the jurisdiction of
the official conducting the project shall be required
to provide for the expeditious, fair, and independent
review of any action to which section 4303 or
subchapter II of chapter 75 of such title 5 would
otherwise apply (except an action described in section
7512(5) of such title 5).
(d) Actions Involving Discrimination.--Notwithstanding any
other provision of this section, if, in the case of any matter
described in section 7702(a)(1)(B) of title 5, United States
Code, there is no judicially reviewable action under the
demonstration project within 120 days after the filing of an
appeal or other formal request for review (referred to in
subsection (c)(2)), an employee shall be entitled to file a
civil action to the same extent and in the same manner as
provided in section 7702(e)(1) of such title 5 (in the matter
following subparagraph (C) thereof).
(e) Certain Employees.--Employees shall not be included
within any project under this section if such employees are--
(1) neither managers nor supervisors; and
(2) within a unit with respect to which a labor
organization is accorded exclusive recognition under
chapter 71 of title 5, United States Code.
Notwithstanding the preceding sentence, an aggrieved employee
within a unit (referred to in paragraph (2)) may elect to
participate in a complaint procedure developed under the
demonstration project in lieu of any negotiated grievance
procedure and any statutory procedure (as such term is used in
section 7121 of such title 5).
(f) Reports.--The General Accounting Office shall prepare
and submit to the Committees on Government Reform and the
Judiciary of the House of Representatives and the Committees on
Governmental Affairs and the Judiciary of the Senate periodic
reports on any demonstration project conducted under this
section, such reports to be submitted after the second and
fourth years of its operation. Upon request, the Attorney
General or the Secretary shall furnish such information as the
General Accounting Office may require to carry out this
subsection.
(g) Definition.--In this section, the term ``covered
entity'' has the meaning given such term in section 472(a)(2).
SEC. 474. [6 U.S.C. 294] SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the missions of the Bureau of Border Security
and the Bureau of Citizenship and Immigration Services
are equally important and, accordingly, they each
should be adequately funded; and
(2) the functions transferred under this subtitle
should not, after such transfers take effect, operate
at levels below those in effect prior to the enactment
of this Act.
SEC. 475. [6 U.S.C. 295] DIRECTOR OF SHARED SERVICES.
(a) In General.--Within the Office of Deputy Secretary,
there shall be a Director of Shared Services.
(b) Functions.--The Director of Shared Services shall be
responsible for the coordination of resources for the Bureau of
Border Security and the Bureau of Citizenship and Immigration
Services, including--
(1) information resources management, including
computer databases and information technology;
(2) records and file management; and
(3) forms management.
SEC. 476. [6 U.S.C. 296] SEPARATION OF FUNDING.
(a) In General.--There shall be established separate
accounts in the Treasury of the United States for appropriated
funds and other deposits available for the Bureau of
Citizenship and Immigration Services and the Bureau of Border
Security.
(b) Separate Budgets.--To ensure that the Bureau of
Citizenship and Immigration Services and the Bureau of Border
Security are funded to the extent necessary to fully carry out
their respective functions, the Director of the Office of
Management and Budget shall separate the budget requests for
each such entity.
(c) Fees.--Fees imposed for a particular service,
application, or benefit shall be deposited into the account
established under subsection (a) that is for the bureau with
jurisdiction over the function to which the fee relates.
(d) Fees Not Transferable.--No fee may be transferred
between the Bureau of Citizenship and Immigration Services and
the Bureau of Border Security for purposes not authorized by
section 286 of the Immigration and Nationality Act (8 U.S.C.
1356).
SEC. 477. [6 U.S.C. 297] REPORTS AND IMPLEMENTATION PLANS.
(a) Division of Funds.--The Secretary, not later than 120
days after the effective date of this Act, shall submit to the
Committees on Appropriations and the Judiciary of the House of
Representatives and of the Senate a report on the proposed
division and transfer of funds, including unexpended funds,
appropriations, and fees, between the Bureau of Citizenship and
Immigration Services and the Bureau of Border Security.
(b) Division of Personnel.--The Secretary, not later than
120 days after the effective date of this Act, shall submit to
the Committees on Appropriations and the Judiciary of the House
of Representatives and of the Senate a report on the proposed
division of personnel between the Bureau of Citizenship and
Immigration Services and the Bureau of Border Security.
(c) Implementation Plan.--
(1) In general.--The Secretary, not later than 120
days after the effective date of this Act, and every 6
months thereafter until the termination of fiscal year
2005, shall submit to the Committees on Appropriations
and the Judiciary of the House of Representatives and
of the Senate an implementation plan to carry out this
Act.
(2) Contents.--The implementation plan should
include details concerning the separation of the Bureau
of Citizenship and Immigration Services and the Bureau
of Border Security, including the following:
(A) Organizational structure, including the
field structure.
(B) Chain of command.
(C) Procedures for interaction among such
bureaus.
(D) Fraud detection and investigation.
(E) The processing and handling of removal
proceedings, including expedited removal and
applications for relief from removal.
(F) Recommendations for conforming
amendments to the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(G) Establishment of a transition team.
(H) Methods to phase in the costs of
separating the administrative support systems
of the Immigration and Naturalization Service
in order to provide for separate administrative
support systems for the Bureau of Citizenship
and Immigration Services and the Bureau of
Border Security.
(d) Comptroller General Studies and Reports.--
(1) Status reports on transition.--Not later than
18 months after the date on which the transfer of
functions specified under section 441 takes effect, and
every 6 months thereafter, until full implementation of
this subtitle has been completed, the Comptroller
General of the United States shall submit to the
Committees on Appropriations and on the Judiciary of
the House of Representatives and the Senate a report
containing the following:
(A) A determination of whether the
transfers of functions made by subtitles D and
E have been completed, and if a transfer of
functions has not taken place, identifying the
reasons why the transfer has not taken place.
(B) If the transfers of functions made by
subtitles D and E have been completed, an
identification of any issues that have arisen
due to the completed transfers.
(C) An identification of any issues that
may arise due to any future transfer of
functions.
(2) Report on management.--Not later than 4 years
after the date on which the transfer of functions
specified under section 441 takes effect, the
Comptroller General of the United States shall submit
to the Committees on Appropriations and on the
Judiciary of the House of Representatives and the
Senate a report, following a study, containing the
following:
(A) Determinations of whether the transfer
of functions from the Immigration and
Naturalization Service to the Bureau of
Citizenship and Immigration Services and the
Bureau of Border Security have improved, with
respect to each function transferred, the
following:
(i) Operations.
(ii) Management, including
accountability and communication.
(iii) Financial administration.
(iv) Recordkeeping, including
information management and technology.
(B) A statement of the reasons for the
determinations under subparagraph (A).
(C) Any recommendations for further
improvements to the Bureau of Citizenship and
Immigration Services and the Bureau of Border
Security.
(3) Report on fees.--Not later than 1 year after
the date of the enactment of this Act, the Comptroller

General of the United States shall submit to the
Committees on the Judiciary of the House of
Representatives and of the Senate a report examining
whether the Bureau of Citizenship and Immigration
Services is likely to derive sufficient funds from fees
to carry out its functions in the absence of
appropriated funds.
SEC. 478. [6 U.S.C. 298] IMMIGRATION FUNCTIONS.
(a) Annual Report.--
(1) In general.--One year after the date of the
enactment of this Act, and each year thereafter, the
Secretary shall submit a report to the President, to
the Committees on the Judiciary and Government Reform
of the House of Representatives, and to the Committees
on the Judiciary and Government Affairs of the Senate,
on the impact the transfers made by this subtitle has
had on immigration functions.
(2) Matter included.--The report shall address the
following with respect to the period covered by the
report:
(A) The aggregate number of all immigration
applications and petitions received, and
processed, by the Department.
(B) Region-by-region statistics on the
aggregate number of immigration applications
and petitions filed by an alien (or filed on
behalf of an alien) and denied, disaggregated
by category of denial and application or
petition type.
(C) The quantity of backlogged immigration
applications and petitions that have been
processed, the aggregate number awaiting
processing, and a detailed plan for eliminating
the backlog.
(D) The average processing period for
immigration applications and petitions,
disaggregated by application or petition type.
(E) The number and types of immigration-
related grievances filed with any official of
the Department of Justice, and if those
grievances were resolved.
(F) Plans to address grievances and improve
immigration services.
(G) Whether immigration-related fees were
used consistent with legal requirements
regarding such use.
(H) Whether immigration-related questions
conveyed by customers to the Department
(whether conveyed in person, by telephone, or
by means of the Internet) were answered
effectively and efficiently.
(b) Sense of Congress Regarding Immigration Services.--It
is the sense of Congress that--
(1) the quality and efficiency of immigration
services rendered by the Federal Government should be
improved after the transfers made by this subtitle take
effect; and
(2) the Secretary should undertake efforts to
guarantee that concerns regarding the quality and
efficiency of immigration services are addressed after
such effective date.
TITLE V--NATIONAL EMERGENCY MANAGEMENT
SEC. 501. [6 U.S.C. 311] DEFINITIONS.
In this title--
(1) the term ``Administrator'' means the
Administrator of the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``catastrophic incident'' means any
natural disaster, act of terrorism, or other man-made
disaster that results in extraordinary levels of
casualties or damage or disruption severely affecting
the population (including mass evacuations),
infrastructure, environment, economy, national morale,
or government functions in an area;
(4) the terms ``credentialed'' and
``credentialing'' mean having provided, or providing,
respectively, documentation that identifies personnel
and authenticates and verifies the qualifications of
such personnel by ensuring that such personnel possess
a minimum common level of training, experience,
physical and medical fitness, and capability
appropriate for a particular position in accordance
with standards created under section 510;
(5) the term ``Federal coordinating officer'' means
a Federal coordinating officer as described in section
302 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5143);
(6) the term ``interoperable'' has the meaning
given the term ``interoperable communications'' under
section 7303(g)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1));
(7) the term ``National Incident Management
System'' means a system to enable effective, efficient,
and collaborative incident management;
(8) the term ``National Response Plan'' means the
National Response Plan or any successor plan prepared
under section 502(a)(6);
(9) the term ``Regional Administrator'' means a
Regional Administrator appointed under section 507;
(10) the term ``Regional Office'' means a Regional
Office established under section 507;
(11) the term ``resources'' means personnel and
major items of equipment, supplies, and facilities
available or potentially available for responding to a
natural disaster, act of terrorism, or other man-made
disaster;
(12) the term ``surge capacity'' means the ability
to rapidly and substantially increase the provision of
search and rescue capabilities, food, water, medicine,
shelter and housing, medical care, evacuation capacity,
staffing (including disaster assistance employees), and
other resources necessary to save lives and protect
property during a catastrophic incident;
(13) the term ``tribal government'' means the
government of any entity described in section 2(11)(B);
and
(14) the terms ``typed'' and ``typing'' mean having
evaluated, or evaluating, respectively, a resource in
accordance with standards created under section 510.
SEC. 502. [6 U.S.C. 312] DEFINITION.
In this title, the term ``Nuclear Incident Response Team''
means a resource that includes--
(1) those entities of the Department of Energy that
perform nuclear or radiological emergency support
functions (including accident response, search
response, advisory, and technical operations
functions), radiation exposure functions at the medical
assistance facility known as the Radiation Emergency
Assistance Center/Training Site (REAC/TS), radiological
assistance functions, and related functions; and
(2) those entities of the Environmental Protection
Agency that perform such support functions (including
radiological emergency response functions) and related
functions.
SEC. 503. [6 U.S.C. 313] FEDERAL EMERGENCY MANAGEMENT AGENCY.
(a) In General.--There is in the Department the Federal
Emergency Management Agency, headed by an Administrator.
(b) Mission.--
(1) Primary mission.--The primary mission of the
Agency is to reduce the loss of life and property and
protect the Nation from all hazards, including natural
disasters, acts of terrorism, and other man-made
disasters, by leading and supporting the Nation in a
risk-based, comprehensive emergency management system
of preparedness, protection, response, recovery, and
mitigation.
(2) Specific activities.--In support of the primary
mission of the Agency, the Administrator shall--
(A) lead the Nation's efforts to prepare
for, protect against, respond to, recover from,
and mitigate against the risk of natural
disasters, acts of terrorism, and other man-
made disasters, including catastrophic
incidents;
(B) partner with State, local, and tribal
governments and emergency response providers,
with other Federal agencies, with the private
sector, and with nongovernmental organizations
to build a national system of emergency
management that can effectively and efficiently
utilize the full measure of the Nation's
resources to respond to natural disasters, acts
of terrorism, and other man-made disasters,
including catastrophic incidents;
(C) develop a Federal response capability
that, when necessary and appropriate, can act
effectively and rapidly to deliver assistance
essential to saving lives or protecting or
preserving property or public health and safety
in a natural disaster, act of terrorism, or
other man-made disaster;
(D) integrate the Agency's emergency
preparedness, protection, response, recovery,
and mitigation responsibilities to confront
effectively the challenges of a natural
disaster, act of terrorism, or other man-made
disaster;
(E) develop and maintain robust Regional
Offices that will work with State, local, and
tribal governments, emergency response
providers, and other appropriate entities to
identify and address regional priorities;
(F) under the leadership of the Secretary,
coordinate with the Commandant of the Coast
Guard, the Director of Customs and Border
Protection, the Director of Immigration and
Customs Enforcement, the National Operations
Center, and other agencies and offices in the
Department to take full advantage of the
substantial range of resources in the
Department;
(G) provide funding, training, exercises,
technical assistance, planning, and other
assistance to build tribal, local, State,
regional, and national capabilities (including
communications capabilities), necessary to
respond to a natural disaster, act of
terrorism, or other man-made disaster; and
(H) develop and coordinate the
implementation of a risk-based, all-hazards
strategy for preparedness that builds those
common capabilities necessary to respond to
natural disasters, acts of terrorism, and other
man-made disasters while also building the
unique capabilities necessary to respond to
specific types of incidents that pose the
greatest risk to our Nation.
(c) Administrator.--
(1) In general.--The Administrator shall be
appointed by the President, by and with the advice and
consent of the Senate.
(2) Qualifications.--The Administrator shall be
appointed from among individuals who have--
(A) a demonstrated ability in and knowledge
of emergency management and homeland security;
and
(B) not less than 5 years of executive
leadership and management experience in the
public or private sector.
(3) Reporting.--The Administrator shall report to
the Secretary, without being required to report through
any other official of the Department.
(4) Principal advisor on emergency management.--
(A) In general.--The Administrator is the
principal advisor to the President, the
Homeland Security Council, and the Secretary
for all matters relating to emergency
management in the United States.
(B) Advice and recommendations.--
(i) In general.--In presenting
advice with respect to any matter to
the President, the Homeland Security
Council, or the Secretary, the
Administrator shall, as the
Administrator considers appropriate,
inform the President, the Homeland
Security Council, or the Secretary, as
the case may be, of the range of
emergency preparedness, protection,
response, recovery, and mitigation
options with respect to that matter.
(ii) Advice on request.--The
Administrator, as the principal advisor
on emergency management, shall provide
advice to the President, the Homeland
Security Council, or the Secretary on a
particular matter when the President,
the Homeland Security Council, or the
Secretary requests such advice.
(iii) Recommendations to
congress.--After informing the
Secretary, the Administrator may make
such recommendations to Congress
relating to emergency management as the
Administrator considers appropriate.
(5) Cabinet status.--
(A) In general.--The President may
designate the Administrator to serve as a
member of the Cabinet in the event of natural
disasters, acts of terrorism, or other man-made
disasters.
(B) Retention of authority.--Nothing in
this paragraph shall be construed as affecting
the authority of the Secretary under this Act.
SEC. 504. [6 U.S.C. 314] AUTHORITY AND RESPONSIBILITIES.
(a) In General.--The Administrator shall provide Federal
leadership necessary to prepare for, protect against, respond
to, recover from, or mitigate against a natural disaster, act
of terrorism, or other man-made disaster, including--
(1) helping to ensure the effectiveness of
emergency response providers to terrorist attacks,
major disasters, and other emergencies;
(2) with respect to the Nuclear Incident Response
Team (regardless of whether it is operating as an
organizational unit of the Department pursuant to this
title)--
(A) establishing standards and certifying
when those standards have been met;
(B) conducting joint and other exercises
and training and evaluating performance; and
(C) providing funds to the Department of
Energy and the Environmental Protection Agency,
as appropriate, for homeland security planning,
exercises and training, and equipment;
(3) providing the Federal Government's response to
terrorist attacks and major disasters, including--
(A) managing such response;
(B) directing the Domestic Emergency
Support Team, the National Disaster Medical
System, \1\ and (when operating as an
organizational unit of the Department pursuant
to this title) the Nuclear Incident Response
Team;
---------------------------------------------------------------------------
\1\ The phrase ``, the National Disaster Medical System,'' in
subsection (a)(3)(B) probably should not appear. Section 301(c)(1) of
Public Law 109-417 (120 Stat. 2854) provides for an amendment to the
Homeland Security Act of 2002 as follows:
(1) in section 502(3)(B), by striking ``, the National
---------------------------------------------------------------------------
Disaster Medical System,''; and
The amendment was not executed because section 502 of the Homeland
Security Act of 2002 was redesignated as section 504 by section 611(8)
of Public Law 109-295 (120 Stat 1395).
---------------------------------------------------------------------------
(C) overseeing the Metropolitan Medical
Response System; and
(D) coordinating other Federal response
resources, including requiring deployment of
the Strategic National Stockpile, in the event
of a terrorist attack or major disaster;
(4) aiding the recovery from terrorist attacks and
major disasters;
(5) building a comprehensive national incident
management system with Federal, State, and local
government personnel, agencies, and authorities, to
respond to such attacks and disasters;
(6) consolidating existing Federal Government
emergency response plans into a single, coordinated
national response plan;
(7) helping ensure the acquisition of operable and
interoperable communications capabilities by Federal,
State, local, and tribal governments and emergency
response providers;
(8) assisting the President in carrying out the
functions under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
and carrying out all functions and authorities given to
the Administrator under that Act;
(9) carrying out the mission of the Agency to
reduce the loss of life and property and protect the
Nation from all hazards by leading and supporting the
Nation in a risk-based, comprehensive emergency
management system of--
(A) mitigation, by taking sustained actions
to reduce or eliminate long-term risks to
people and property from hazards and their
effects;
(B) preparedness, by planning, training,
and building the emergency management
profession to prepare effectively for, mitigate
against, respond to, and recover from any
hazard;
(C) response, by conducting emergency
operations to save lives and property through
positioning emergency equipment, personnel, and
supplies, through evacuating potential victims,
through providing food, water, shelter, and
medical care to those in need, and through
restoring critical public services; and
(D) recovery, by rebuilding communities so
individuals, businesses, and governments can
function on their own, return to normal life,
and protect against future hazards;
(10) increasing efficiencies, by coordinating
efforts relating to preparedness, protection, response,
recovery, and mitigation;
(11) helping to ensure the effectiveness of
emergency response providers in responding to a natural
disaster, act of terrorism, or other man-made disaster;
(12) supervising grant programs administered by the
Agency;
(13) administering and ensuring the implementation
of the National Response Plan, including coordinating
and ensuring the readiness of each emergency support
function under the National Response Plan;
(14) coordinating with the National Advisory
Council established under section 508;
(15) preparing and implementing the plans and
programs of the Federal Government for--
(A) continuity of operations;
(B) continuity of government; and
(C) continuity of plans;
(16) minimizing, to the extent practicable,
overlapping planning and reporting requirements
applicable to State, local, and tribal governments and
the private sector;
(17) maintaining and operating within the Agency
the National Response Coordination Center or its
successor;
(18) developing a national emergency management
system that is capable of preparing for, protecting
against, responding to, recovering from, and mitigating
against catastrophic incidents;
(19) assisting the President in carrying out the
functions under the national preparedness goal and the
national preparedness system and carrying out all
functions and authorities of the Administrator under
the national preparedness System;
(20) carrying out all authorities of the Federal
Emergency Management Agency and the Directorate of
Preparedness of the Department as transferred under
section 505; and
(21) otherwise carrying out the mission of the
Agency as described in section 503(b).
(b) All-Hazards Approach.--In carrying out the
responsibilities under this section, the Administrator shall
coordinate the implementation of a risk-based, all-hazards
strategy that builds those common capabilities necessary to
prepare for, protect against, respond to, recover from, or
mitigate against natural disasters, acts of terrorism, and
other man-made disasters, while also building the unique
capabilities necessary to prepare for, protect against, respond
to, recover from, or mitigate against the risks of specific
types of incidents that pose the greatest risk to the Nation.
SEC. 505. [6 U.S.C. 315] FUNCTIONS TRANSFERRED.
(a) In General.--Except as provided in subsection (b),
there are transferred to the Agency the following:
(1) All functions of the Federal Emergency
Management Agency, including existing responsibilities
for emergency alert systems and continuity of
operations and continuity of government plans and
programs as constituted on June 1, 2006, including all
of its personnel, assets, components, authorities,
grant programs, and liabilities, and including the
functions of the Under Secretary for Federal Emergency
Management relating thereto.
(2) The Directorate of Preparedness, as constituted
on June 1, 2006, including all of its functions,
personnel, assets, components, authorities, grant
programs, and liabilities, and including the functions
of the Under Secretary for Preparedness relating
thereto.
(b) Exceptions.--The following within the Preparedness
Directorate shall not be transferred:
(1) The Office of Infrastructure Protection.
(2) The National Communications System.
(3) The National Cybersecurity Division.
(4) The Office of the Chief Medical Officer.
(5) The functions, personnel, assets, components,
authorities, and liabilities of each component
described under paragraphs (1) through (4).
SEC. 506. [6 U.S.C. 316] PRESERVING THE FEDERAL EMERGENCY MANAGEMENT
AGENCY.
(a) Distinct Entity.--The Agency shall be maintained as a
distinct entity within the Department.
(b) Reorganization.--Section 872 shall not apply to the
Agency, including any function or organizational unit of the
Agency.
(c) Prohibition on Changes to Missions.--
(1) In general.--The Secretary may not
substantially or significantly reduce the authorities,
responsibilities, or functions of the Agency or the
capability of the Agency to perform those missions,
authorities, responsibilities, except as otherwise
specifically provided in an Act enacted after the date
of enactment of the Post-Katrina Emergency Management
Reform Act of 2006.
(2) Certain transfers prohibited.--No asset,
function, or mission of the Agency may be diverted to
the principal and continuing use of any other
organization, unit, or entity of the Department, except
for details or assignments that do not reduce the
capability of the Agency to perform its missions.
(d) Reprogramming and Transfer of Funds.--In reprogramming
or transferring funds, the Secretary shall comply with any
applicable provisions of any Act making appropriations for the
Department for fiscal year 2007, or any succeeding fiscal year,
relating to the reprogramming or transfer of funds.
SEC. 507. [6 U.S.C. 317] REGIONAL OFFICES.
(a) In General.--There are in the Agency 10 regional
offices, as identified by the Administrator.
(b) Management of Regional Offices.--
(1) Regional administrator.--Each Regional Office
shall be headed by a Regional Administrator who shall
be appointed by the Administrator, after consulting
with State, local, and tribal government officials in
the region. Each Regional Administrator shall report
directly to the Administrator and be in the Senior
Executive Service.
(2) Qualifications.--
(A) In general.--Each Regional
Administrator shall be appointed from among
individuals who have a demonstrated ability in
and knowledge of emergency management and
homeland security.
(B) Considerations.--In selecting a
Regional Administrator for a Regional Office,
the Administrator shall consider the
familiarity of an individual with the
geographical area and demographic
characteristics of the population served by
such Regional Office.
(c) Responsibilities.--
(1) In general.--The Regional Administrator shall
work in partnership with State, local, and tribal
governments, emergency managers, emergency response
providers, medical providers, the private sector,
nongovernmental organizations, multijurisdictional
councils of governments, and regional planning
commissions and organizations in the geographical area
served by the Regional Office to carry out the
responsibilities of a Regional Administrator under this
section.
(2) Responsibilities.--The responsibilities of a
Regional Administrator include--
(A) ensuring effective, coordinated, and
integrated regional preparedness, protection,
response, recovery, and mitigation activities
and programs for natural disasters, acts of
terrorism, and other man-made disasters
(including planning, training, exercises, and
professional development);
(B) assisting in the development of
regional capabilities needed for a national
catastrophic response system;
(C) coordinating the establishment of
effective regional operable and interoperable
emergency communications capabilities;
(D) staffing and overseeing 1 or more
strike teams within the region under subsection
(f), to serve as the focal point of the Federal
Government's initial response efforts for
natural disasters, acts of terrorism, and other
man-made disasters within that region, and
otherwise building Federal response
capabilities to respond to natural disasters,
acts of terrorism, and other man-made disasters
within that region;
(E) designating an individual responsible
for the development of strategic and
operational regional plans in support of the
National Response Plan;
(F) fostering the development of mutual aid
and other cooperative agreements;
(G) identifying critical gaps in regional
capabilities to respond to populations with
special needs;
(H) maintaining and operating a Regional
Response Coordination Center or its successor;
(I) coordinating with the private sector to
help ensure private sector preparedness for
natural disasters, acts of terrorism, and other
man-made disasters;
(J) assisting State, local, and tribal
governments, where appropriate, to preidentify
and evaluate suitable sites where a
multijurisdictional incident command system may
quickly be established and operated from, if
the need for such a system arises; and
(K) performing such other duties relating
to such responsibilities as the Administrator
may require.
(3) Training and exercise requirements.--
(A) Training.--The Administrator shall
require each Regional Administrator to undergo
specific training periodically to complement
the qualifications of the Regional
Administrator. Such training, as appropriate,
shall include training with respect to the
National Incident Management System, the
National Response Plan, and such other subjects
as determined by the Administrator.
(B) Exercises.--The Administrator shall
require each Regional Administrator to
participate as appropriate in regional and
national exercises.
(d) Area Offices.--
(1) In general.--There is an Area Office for the
Pacific and an Area Office for the Caribbean, as
components in the appropriate Regional Offices.
(2) Alaska.--The Administrator shall establish an
Area Office in Alaska, as a component in the
appropriate Regional Office.
(e) Regional Advisory Council.--
(1) Establishment.--Each Regional Administrator
shall establish a Regional Advisory Council.
(2) Nominations.--A State, local, or tribal
government located within the geographic area served by
the Regional Office may nominate officials, including
Adjutants General and emergency managers, to serve as
members of the Regional Advisory Council for that
region.
(3) Responsibilities.--Each Regional Advisory
Council shall--
(A) advise the Regional Administrator on
emergency management issues specific to that
region;
(B) identify any geographic, demographic,
or other characteristics peculiar to any State,
local, or tribal government within the region
that might make preparedness, protection,
response, recovery, or mitigation more
complicated or difficult; and
(C) advise the Regional Administrator of
any weaknesses or deficiencies in preparedness,
protection, response, recovery, and mitigation
for any State, local, and tribal government
within the region of which the Regional
Advisory Council is aware.
(f) Regional Office Strike Teams.--
(1) In general.--In coordination with other
relevant Federal agencies, each Regional Administrator
shall oversee multi-agency strike teams authorized
under section 303 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5144)
that shall consist of--
(A) a designated Federal coordinating
officer;
(B) personnel trained in incident
management;
(C) public affairs, response and recovery,
and communications support personnel;
(D) a defense coordinating officer;
(E) liaisons to other Federal agencies;
(F) such other personnel as the
Administrator or Regional Administrator
determines appropriate; and
(G) individuals from the agencies with
primary responsibility for each of the
emergency support functions in the National
Response Plan.
(2) Other duties.--The duties of an individual
assigned to a Regional Office strike team from another
relevant agency when such individual is not functioning
as a member of the strike team shall be consistent with
the emergency preparedness activities of the agency
that employs such individual.
(3) Location of members.--The members of each
Regional Office strike team, including representatives
from agencies other than the Department, shall be based
primarily within the region that corresponds to that
strike team.
(4) Coordination.--Each Regional Office strike team
shall coordinate the training and exercises of that
strike team with the State, local, and tribal
governments and private sector and nongovernmental
entities which the strike team shall support when a
natural disaster, act of terrorism, or other man-made
disaster occurs.
(5) Preparedness.--Each Regional Office strike team
shall be trained as a unit on a regular basis and
equipped and staffed to be well prepared to respond to
natural disasters, acts of terrorism, and other man-
made disasters, including catastrophic incidents.
(6) Authorities.--If the Administrator determines
that statutory authority is inadequate for the
preparedness and deployment of individuals in strike
teams under this subsection, the Administrator shall
report to Congress regarding the additional statutory
authorities that the Administrator determines are
necessary.
SEC. 508. [6 U.S.C. 318] NATIONAL ADVISORY COUNCIL.
(a) Establishment.--Not later than 60 days after the date
of enactment of the Post-Katrina Emergency Management Reform
Act of 2006, the Secretary shall establish an advisory body
under section 871(a) to ensure effective and ongoing
coordination of Federal preparedness, protection, response,
recovery, and mitigation for natural disasters, acts of
terrorism, and other man-made disasters, to be known as the
National Advisory Council.
(b) Responsibilities.--
(1) In general.--The National Advisory Council
shall advise the Administrator on all aspects of
emergency management. The National Advisory Council
shall incorporate State, local, and tribal government
and private sector input in the development and
revision of the national preparedness goal, the
national preparedness system, the National Incident
Management System, the National Response Plan, and
other related plans and strategies.
(2) Consultation on grants.--To ensure input from
and coordination with State, local, and tribal
governments and emergency response providers, the
Administrator shall regularly consult and work with the
National Advisory Council on the administration and
assessment of grant programs administered by the
Department, including with respect to the development
of program guidance and the development and evaluation
of risk-assessment methodologies, as appropriate.
(c) Membership.--
(1) In general.--The members of the National
Advisory Council shall be appointed by the
Administrator, and shall, to the extent practicable,
represent a geographic (including urban and rural) and
substantive cross section of officials, emergency
managers, and emergency response providers from State,
local, and tribal governments, the private sector, and
nongovernmental organizations, including as
appropriate--
(A) members selected from the emergency
management field and emergency response
providers, including fire service, law
enforcement, hazardous materials response,
emergency medical services, and emergency
management personnel, or organizations
representing such individuals;
(B) health scientists, emergency and
inpatient medical providers, and public health
professionals;
(C) experts from Federal, State, local, and
tribal governments, and the private sector,
representing standards-setting and accrediting
organizations, including representatives from
the voluntary consensus codes and standards
development community, particularly those with
expertise in the emergency preparedness and
response field;
(D) State, local, and tribal government
officials with expertise in preparedness,
protection, response, recovery, and mitigation,
including Adjutants General;
(E) elected State, local, and tribal
government executives;
(F) experts in public and private sector
infrastructure protection, cybersecurity, and
communications;
(G) representatives of individuals with
disabilities and other populations with special
needs; and
(H) such other individuals as the
Administrator determines to be appropriate.
(2) Coordination with the departments of health and
human services and transportation.--In the selection of
members of the National Advisory Council who are health
or emergency medical services professionals, the
Administrator shall work with the Secretary of Health
and Human Services and the Secretary of Transportation.
(3) Ex officio members.--The Administrator shall
designate 1 or more officers of the Federal Government
to serve as ex officio members of the National Advisory
Council.
(4) Terms of office.--
(A) In general.--Except as provided in
subparagraph (B), the term of office of each
member of the National Advisory Council shall
be 3 years.
(B) Initial appointments.--Of the members
initially appointed to the National Advisory
Council--
(i) one-third shall be appointed
for a term of 1 year; and
(ii) one-third shall be appointed
for a term of 2 years.
(d) Applicability of Federal Advisory Committee Act.--
(1) In general.--Notwithstanding section 871(a) and
subject to paragraph (2), the Federal Advisory
Committee Act (5 U.S.C. App.), including subsections
(a), (b), and (d) of section 10 of such Act, and
section 552b(c) of title 5, United States Code, shall
apply to the National Advisory Council.
(2) Termination.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the National Advisory Council.
SEC. 509. [6 U.S.C. 319] NATIONAL INTEGRATION CENTER.
(a) In General.--There is established in the Agency a
National Integration Center.
(b) Responsibilities.--
(1) In general.--The Administrator, through the
National Integration Center, and in consultation with
other Federal departments and agencies and the National
Advisory Council, shall ensure ongoing management and
maintenance of the National Incident Management System,
the National Response Plan, and any successor to such
system or plan.
(2) Specific responsibilities.--The National
Integration Center shall periodically review, and
revise as appropriate, the National Incident Management
System and the National Response Plan, including--
(A) establishing, in consultation with the
Director of the Corporation for National and
Community Service, a process to better use
volunteers and donations;
(B) improving the use of Federal, State,
local, and tribal resources and ensuring the
effective use of emergency response providers
at emergency scenes; and
(C) revising the Catastrophic Incident
Annex, finalizing and releasing the
Catastrophic Incident Supplement to the
National Response Plan, and ensuring that both
effectively address response requirements in
the event of a catastrophic incident.
(c) Incident Management.--
(1) In general.--
(A) National response plan.--The Secretary,
acting through the Administrator, shall ensure
that the National Response Plan provides for a
clear chain of command to lead and coordinate
the Federal response to any natural disaster,
act of terrorism, or other man-made disaster.
(B) Administrator.--The chain of the
command specified in the National Response Plan
shall--
(i) provide for a role for the
Administrator consistent with the role
of the Administrator as the principal
emergency management advisor to the
President, the Homeland Security
Council, and the Secretary under
section 503(c)(4) and the
responsibility of the Administrator
under the Post-Katrina Emergency
Management Reform Act of 2006, and the
amendments made by that Act, relating
to natural disasters, acts of
terrorism, and other man-made
disasters; and
(ii) provide for a role for the
Federal Coordinating Officer consistent
with the responsibilities under section
302(b) of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143(b)).
(2) Principal federal official.--The Principal
Federal Official (or the successor thereto) shall not--
(A) direct or replace the incident command
structure established at the incident; or
(B) have directive authority over the
Senior Federal Law Enforcement Official,
Federal Coordinating Officer, or other Federal
and State officials.
SEC. 510. [6 U.S.C. 320] CREDENTIALING AND TYPING.
(a) In General.--The Administrator shall enter into a
memorandum of understanding with the administrators of the
Emergency Management Assistance Compact, State, local, and
tribal governments, and organizations that represent emergency
response providers, to collaborate on developing standards for
deployment capabilities, including for credentialing and typing
of incident management personnel, emergency response providers,
and other personnel (including temporary personnel) and
resources likely needed to respond to natural disasters, acts
of terrorism, and other man-made disasters.
(b) Distribution.--
(1) In general.--Not later than 1 year after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Administrator
shall provide the standards developed under subsection
(a), including detailed written guidance, to--
(A) each Federal agency that has
responsibilities under the National Response
Plan to aid that agency with credentialing and
typing incident management personnel, emergency
response providers, and other personnel
(including temporary personnel) and resources
likely needed to respond to a natural disaster,
act of terrorism, or other man-made disaster;
and
(B) State, local, and tribal governments,
to aid such governments with credentialing and
typing of State, local, and tribal incident
management personnel, emergency response
providers, and other personnel (including
temporary personnel) and resources likely
needed to respond to a natural disaster, act of
terrorism, or other man-made disaster.
(2) Assistance.--The Administrator shall provide
expertise and technical assistance to aid Federal,
State, local, and tribal government agencies with
credentialing and typing incident management personnel,
emergency response providers, and other personnel
(including temporary personnel) and resources likely
needed to respond to a natural disaster, act of
terrorism, or other man-made disaster.
(c) Credentialing and Typing of Personnel.--Not later than
6 months after receiving the standards provided under
subsection (b), each Federal agency with responsibilities under
the National Response Plan shall ensure that incident
management personnel, emergency response providers, and other
personnel (including temporary personnel) and resources likely
needed to respond to a natural disaster, act of terrorism, or
other manmade disaster are credentialed and typed in accordance
with this section.
(d) Consultation on Health Care Standards.--In developing
standards for credentialing health care professionals under
this section, the Administrator shall consult with the
Secretary of Health and Human Services.
SEC. 511. [6 U.S.C. 321] THE NATIONAL INFRASTRUCTURE SIMULATION AND
ANALYSIS CENTER.
(a) Definition.--In this section, the term ``National
Infrastructure Simulation and Analysis Center'' means the
National Infrastructure Simulation and Analysis Center
established under section 1016(d) of the USA PATRIOT Act (42
U.S.C. 5195c(d)).
(b) Authority.--
(1) In general.--There is in the Department the
National Infrastructure Simulation and Analysis Center
which shall serve as a source of national expertise to
address critical infrastructure protection and
continuity through support for activities related to--
(A) counterterrorism, threat assessment,
and risk mitigation; and
(B) a natural disaster, act of terrorism,
or other man-made disaster.
(2) Infrastructure modeling.--
(A) Particular support.--The support
provided under paragraph (1) shall include
modeling, simulation, and analysis of the
systems and assets comprising critical
infrastructure, in order to enhance
preparedness, protection, response, recovery,
and mitigation activities.
(B) Relationship with other agencies.--Each
Federal agency and department with critical
infrastructure responsibilities under Homeland
Security Presidential Directive 7, or any
successor to such directive, shall establish a
formal relationship, including an agreement
regarding information sharing, between the
elements of such agency or department and the
National Infrastructure Simulation and Analysis
Center, through the Department.
(C) Purpose.--
(i) In general.--The purpose of the
relationship under subparagraph (B)
shall be to permit each Federal agency
and department described in
subparagraph (B) to take full advantage
of the capabilities of the National
Infrastructure Simulation and Analysis
Center (particularly vulnerability and
consequence analysis), consistent with
its work load capacity and priorities,
for real-time response to reported and
projected natural disasters, acts of
terrorism, and other man-made
disasters.
(ii) Recipient of certain
support.--Modeling, simulation, and
analysis provided under this subsection
shall be provided to relevant Federal
agencies and departments, including
Federal agencies and departments with
critical infrastructure
responsibilities under Homeland
Security Presidential Directive 7, or
any successor to such directive.
SEC. 512. [6 U.S.C. 321A] EVACUATION PLANS AND EXERCISES.

(a) In General.--Notwithstanding any other provision of
law, and subject to subsection (d), grants made to States or
local or tribal governments by the Department through the State
Homeland Security Grant Program or the Urban Area Security
Initiative may be used to--
(1) establish programs for the development and
maintenance of mass evacuation plans under subsection
(b) in the event of a natural disaster, act of
terrorism, or other man-made disaster;
(2) prepare for the execution of such plans,
including the development of evacuation routes and the
purchase and stockpiling of necessary supplies and
shelters; and
(3) conduct exercises of such plans.
(b) Plan Development.--In developing the mass evacuation
plans authorized under subsection (a), each State, local, or
tribal government shall, to the maximum extent practicable--
(1) establish incident command and decision making
processes;
(2) ensure that State, local, and tribal government
plans, including evacuation routes, are coordinated and
integrated;
(3) identify primary and alternative evacuation
routes and methods to increase evacuation capabilities
along such routes such as conversion of two-way traffic
to one-way evacuation routes;
(4) identify evacuation transportation modes and
capabilities, including the use of mass and public
transit capabilities, and coordinating and integrating
evacuation plans for all populations including for
those individuals located in hospitals, nursing homes,
and other institutional living facilities;
(5) develop procedures for informing the public of
evacuation plans before and during an evacuation,
including individuals--
(A) with disabilities or other special
needs, including the elderly;
(B) with limited English proficiency; or
(C) who might otherwise have difficulty in
obtaining such information; and
(6) identify shelter locations and capabilities.
(c) Assistance.--
(1) In general.--The Administrator may establish
any guidelines, standards, or requirements determined
appropriate to administer this section and to ensure
effective mass evacuation planning for State, local,
and tribal areas.
(2) Requested assistance.--The Administrator shall
make assistance available upon request of a State,
local, or tribal government to assist hospitals,
nursing homes, and other institutions that house
individuals with special needs to establish, maintain,
and exercise mass evacuation plans that are coordinated
and integrated into the plans developed by that State,
local, or tribal government under this section.
(d) Multipurpose Funds.--Nothing in this section may be
construed to preclude a State, local, or tribal government from
using grant funds in a manner that enhances preparedness for a
natural or man-made disaster unrelated to an act of terrorism,
if such use assists such government in building capabilities
for terrorism preparedness.
SEC. 513. [6 U.S.C. 321B] DISABILITY COORDINATOR.
(a) In General.--After consultation with organizations
representing individuals with disabilities, the National
Council on Disabilities, and the Interagency Coordinating
Council on Preparedness and Individuals with Disabilities,
established under Executive Order No. 13347 (6 U.S.C. 312
note), the Administrator shall appoint a Disability
Coordinator. The Disability Coordinator shall report directly
to the Administrator, in order to ensure that the needs of
individuals with disabilities are being properly addressed in
emergency preparedness and disaster relief.
(b) Responsibilities.--The Disability Coordinator shall be
responsible for--
(1) providing guidance and coordination on matters
related to individuals with disabilities in emergency
planning requirements and relief efforts in the event
of a natural disaster, act of terrorism, or other man-
made disaster;
(2) interacting with the staff of the Agency, the
National Council on Disabilities, the Interagency
Coordinating Council on Preparedness and Individuals
with Disabilities established under Executive Order No.
13347 (6 U.S.C. 312 note), other agencies of the
Federal Government, and State, local, and tribal
government authorities regarding the needs of
individuals with disabilities in emergency planning
requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made
disaster;
(3) consulting with organizations that represent
the interests and rights of individuals with
disabilities about the needs of individuals with
disabilities in emergency planning requirements and
relief efforts in the event of a natural disaster, act
of terrorism, or other man-made disaster;
(4) ensuring the coordination and dissemination of
best practices and model evacuation plans for
individuals with disabilities;
(5) ensuring the development of training materials
and a curriculum for training of emergency response
providers, State, local, and tribal government
officials, and others on the needs of individuals with
disabilities;
(6) promoting the accessibility of telephone
hotlines and websites regarding emergency preparedness,
evacuations, and disaster relief;
(7) working to ensure that video programming
distributors, including broadcasters, cable operators,
and satellite television services, make emergency
information accessible to individuals with hearing and
vision disabilities;
(8) ensuring the availability of accessible
transportation options for individuals with
disabilities in the event of an evacuation;
(9) providing guidance and implementing policies to
ensure that the rights and wishes of individuals with
disabilities regarding post-evacuation residency and
relocation are respected;
(10) ensuring that meeting the needs of individuals
with disabilities are included in the components of the
national preparedness system established under section
644 of the Post-Katrina Emergency Management Reform Act
of 2006; and
(11) any other duties as assigned by the
Administrator.
SEC. 514. [6 U.S.C. 321C] DEPARTMENT AND AGENCY OFFICIALS.
(a) Deputy Administrators.--The President may appoint, by
and with the advice and consent of the Senate, not more than 4
Deputy Administrators to assist the Administrator in carrying
out this title.
(b) Cybersecurity and Communications.--There is in the
Department an Assistant Secretary for Cybersecurity and
Communications.
(c) United States Fire Administration.--The Administrator
of the United States Fire Administration shall have a rank
equivalent to an assistant secretary of the Department.
SEC. 515. [6 U.S.C. 321D] NATIONAL OPERATIONS CENTER.
(a) Definition.--In this section, the term ``situational
awareness'' means information gathered from a variety of
sources that, when communicated to emergency managers and
decision makers, can form the basis for incident management
decisionmaking.
(b) Establishment.--The National Operations Center is the
principal operations center for the Department and shall--
(1) provide situational awareness and a common
operating picture for the entire Federal Government,
and for State, local, and tribal governments as
appropriate, in the event of a natural disaster, act of
terrorism, or other man-made disaster; and
(2) ensure that critical terrorism and disaster-
related information reaches government decision-makers.
(c) State and Local Fire Service Representation.--
(1) Establishment of position.--The Secretary
shall, in consultation with the Administrator of the
United States Fire Administration, establish a fire
service position at the National Operations Center
established under subsection (b) to ensure the
effective sharing of information between the Federal
Government and State and local fire services.
(2) Designation of position.--The Secretary shall
designate, on a rotating basis, a State or local fire
service official for the position described in
paragraph (1).
(3) Management.--The Secretary shall manage the
position established pursuant to paragraph (1) in
accordance with such rules, regulations, and practices
as govern other similar rotating positions at the
National Operations Center.
SEC. 516. [6 U.S.C. 321E] CHIEF MEDICAL OFFICER.
(a) In General.--There is in the Department a Chief Medical
Officer, who shall be appointed by the President, by and with
the advice and consent of the Senate.
(b) Qualifications.--The individual appointed as Chief
Medical Officer shall possess a demonstrated ability in and
knowledge of medicine and public health.
(c) Responsibilities.--The Chief Medical Officer shall have
the primary responsibility within the Department for medical
issues related to natural disasters, acts of terrorism, and
other man-made disasters, including--
(1) serving as the principal advisor to the
Secretary and the Administrator on medical and public
health issues;
(2) coordinating the biodefense activities of the
Department;
(3) ensuring internal and external coordination of
all medical preparedness and response activities of the
Department, including training, exercises, and
equipment support;
(4) serving as the Department's primary point of
contact with the Department of Agriculture, the
Department of Defense, the Department of Health and
Human Services, the Department of Transportation, the
Department of Veterans Affairs, and other Federal
departments or agencies, on medical and public health
issues;
(5) serving as the Department's primary point of
contact for State, local, and tribal governments, the
medical community, and others within and outside the
Department, with respect to medical and public health
matters;
(6) discharging, in coordination with the Under
Secretary for Science and Technology, the
responsibilities of the Department related to Project
Bioshield; and
(7) performing such other duties relating to such
responsibilities as the Secretary may require.
SEC. 517. [6 U.S.C. 321F] NUCLEAR INCIDENT RESPONSE.
(a) In General.--At the direction of the Secretary (in
connection with an actual or threatened terrorist attack, major
disaster, or other emergency in the United States), the Nuclear
Incident Response Team shall operate as an organizational unit
of the Department. While so operating, the Nuclear Incident
Response Team shall be subject to the direction, authority, and
control of the Secretary.
(b) Rule of Construction.--Nothing in this title shall be
construed to limit the ordinary responsibility of the Secretary
of Energy and the Administrator of the Environmental Protection
Agency for organizing, training, equipping, and utilizing their
respective entities in the Nuclear Incident Response Team, or
(subject to the provisions of this title) from exercising
direction, authority, and control over them when they are not
operating as a unit of the Department.
SEC. 518. [6 U.S.C. 321G] CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
(a) In General.--With respect to all public health-related
activities to improve State, local, and hospital preparedness
and response to chemical, biological, radiological, and nuclear
and other emerging terrorist threats carried out by the
Department of Health and Human Services (including the Public
Health Service), the Secretary of Health and Human Services
shall set priorities and preparedness goals and further develop
a coordinated strategy for such activities in collaboration
with the Secretary.
(b) Evaluation of Progress.--In carrying out subsection
(a), the Secretary of Health and Human Services shall
collaborate with the Secretary in developing specific
benchmarks and outcome measurements for evaluating progress
toward achieving the priorities and goals described in such
subsection.
SEC. 519. [6 U.S.C. 321H] USE OF NATIONAL PRIVATE SECTOR NETWORKS IN
EMERGENCY RESPONSE.
To the maximum extent practicable, the Secretary shall use
national private sector networks and infrastructure for
emergency response to chemical, biological, radiological,
nuclear, or explosive disasters, and other major disasters.
SEC. 520. [6 U.S.C. 321I] USE OF COMMERCIALLY AVAILABLE TECHNOLOGY,
GOODS, AND SERVICES.
It is the sense of Congress that--
(1) the Secretary should, to the maximum extent
possible, use off-the-shelf commercially developed
technologies to ensure that the Department's
information technology systems allow the Department to
collect, manage, share, analyze, and disseminate
information securely over multiple channels of
communication; and
(2) in order to further the policy of the United
States to avoid competing commercially with the private
sector, the Secretary should rely on commercial sources
to supply the goods and services needed by the
Department.
SEC. 521. [6 U.S.C. 321J] PROCUREMENT OF SECURITY COUNTERMEASURES FOR
STRATEGIC NATIONAL STOCKPILE.
(a) Authorization of Appropriations.--For the procurement
of security countermeasures under section 319F-2(c) of the
Public Health Service Act (referred to in this section as the
``security countermeasures program''), there is authorized to
be appropriated up to $5,593,000,000 for the fiscal years 2004
through 2013. Of the amounts appropriated under the preceding
sentence, not to exceed $3,418,000,000 may be obligated during
the fiscal years 2004 through 2008, of which not to exceed
$890,000,000 may be obligated during fiscal year 2004. None of
the funds made available under this subsection shall be used to
procure countermeasures to diagnose, mitigate, prevent, or
treat harm resulting from any naturally occurring infectious
disease or other public health threat that are not security
countermeasures under section 319F-2(c)(1)(B). \1\
---------------------------------------------------------------------------
\1\ The last sentence in section 521(a) was added to reflect the
probable intent of Congress. Section 403(c) of Public Law 109-417 (120
Stat. 2874) provides as follows:
(c) Limitation on Use of Funds.--Section 510(a) of the Homeland
Security Act of 2002 (6 U.S.C. 320(a)) is amended by adding at the end
the following: ``None of the funds made available under this subsection
shall be used to procure countermeasures to diagnose, mitigate,
prevent, or treat harm resulting from any naturally occurring
infectious disease or other public health threat that are not security
countermeasures under section 319F-2(c)(1)(B).''.
Section 510 of the Homeland Security Act of 2002 was redesignated
as section 521 by section 611(7) of Public Law 109-295 (120 Stat.
1395).
---------------------------------------------------------------------------
(b) Special Reserve Fund.--For purposes of the security
countermeasures program, the term ``special reserve fund''
means the ``Biodefense Countermeasures'' appropriations account
or any other appropriation made under subsection (a).
(c) Availability.--Amounts appropriated under subsection
(a) become available for a procurement under the security
countermeasures program only upon the approval by the President
of such availability for the procurement in accordance with
paragraph (6)(B) of such program.
(d) Related Authorizations of Appropriations.--
(1) Threat assessment capabilities.--For the
purpose of carrying out the responsibilities of the
Secretary for terror threat assessment under the
security countermeasures program, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 2004 through 2006, for the
hiring of professional personnel within the Office of
Intelligence and Analysis, who shall be analysts
responsible for chemical, biological, radiological, and
nuclear threat assessment (including but not limited to
analysis of chemical, biological, radiological, and
nuclear agents, the means by which such agents could be
weaponized or used in a terrorist attack, and the
capabilities, plans, and intentions of terrorists and
other non-state actors who may have or acquire such
agents). All such analysts shall meet the applicable
standards and qualifications for the performance of
intelligence activities promulgated by the Director of
Central Intelligence pursuant to section 104 of the
National Security Act of 1947.
(2) Intelligence sharing infrastructure.--For the
purpose of carrying out the acquisition and deployment
of secure facilities (including information technology
and physical infrastructure, whether mobile and
temporary, or permanent) sufficient to permit the
Secretary to receive, not later than 180 days after the
date of enactment of the Project BioShield Act of 2004,
all classified information and products to which the
Under Secretary for Intelligence and Analysis is
entitled under subtitle A of title II, there are
authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2004 through
2006.
SEC. 522. [6 U.S.C. 321K] MODEL STANDARDS AND GUIDELINES FOR CRITICAL
INFRASTRUCTURE WORKERS.
(a) In General.--Not later than 12 months after the date of
enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, and in coordination with appropriate
national professional organizations, Federal, State, local, and
tribal government agencies, and private-sector and
nongovernmental entities, the Administrator shall establish
model standards and guidelines for credentialing critical
infrastructure workers that may be used by a State to
credential critical infrastructure workers that may respond to
a natural disaster, act of terrorism, or other man-made
disaster.
(b) Distribution and Assistance.--The Administrator shall
provide the standards developed under subsection (a), including
detailed written guidance, to State, local, and tribal
governments, and provide expertise and technical assistance to
aid such governments with credentialing critical infrastructure
workers that may respond to a natural disaster, act of
terrorism, or other manmade disaster.
SEC. 523. [6 U.S.C. 321L] GUIDANCE AND RECOMMENDATIONS.
(a) In General.--Consistent with their responsibilities and
authorities under law, as of the day before the date of the
enactment of this section, the Administrator and the Assistant
Secretary for Infrastructure Protection, in consultation with
the private sector, may develop guidance or recommendations and
identify best practices to assist or foster action by the
private sector in--
(1) identifying potential hazards and assessing
risks and impacts;
(2) mitigating the impact of a wide variety of
hazards, including weapons of mass destruction;
(3) managing necessary emergency preparedness and
response resources;
(4) developing mutual aid agreements;
(5) developing and maintaining emergency
preparedness and response plans, and associated
operational procedures;
(6) developing and conducting training and
exercises to support and evaluate emergency
preparedness and response plans and operational
procedures;
(7) developing and conducting training programs for
security guards to implement emergency preparedness and
response plans and operations procedures; and
(8) developing procedures to respond to requests
for information from the media or the public.
(b) Issuance and Promotion.--Any guidance or
recommendations developed or best practices identified under
subsection (a) shall be--
(1) issued through the Administrator; and
(2) promoted by the Secretary to the private
sector.
(c) Small Business Concerns.--In developing guidance or
recommendations or identifying best practices under subsection
(a), the Administrator and the Assistant Secretary for
Infrastructure Protection shall take into consideration small
business concerns (under the meaning given that term in section
3 of the Small Business Act (15 U.S.C. 632)), including any
need for separate guidance or recommendations or best
practices, as necessary and appropriate.
(d) Rule of Construction.--Nothing in this section may be
construed to supersede any requirement established under any
other provision of law.
SEC. 524. [6 U.S.C. 321M] VOLUNTARY PRIVATE SECTOR PREPAREDNESS
ACCREDITATION AND CERTIFICATION PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary, acting through the
officer designated under paragraph (2), shall establish
and implement the voluntary private sector preparedness
accreditation and certification program in accordance
with this section.
(2) Designation of officer.--The Secretary shall
designate an officer responsible for the accreditation
and certification program under this section. Such
officer (hereinafter referred to in this section as the
``designated officer'') shall be one of the following:
(A) The Administrator, based on
consideration of--
(i) the expertise of the
Administrator in emergency management
and preparedness in the United States;
and
(ii) the responsibilities of the
Administrator as the principal advisor
to the President for all matters
relating to emergency management in the
United States.
(B) The Assistant Secretary for
Infrastructure Protection, based on
consideration of the expertise of the Assistant
Secretary in, and responsibilities for--
(i) protection of critical
infrastructure;
(ii) risk assessment methodologies;
and
(iii) interacting with the private
sector on the issues described in
clauses (i) and (ii).
(C) The Under Secretary for Science and
Technology, based on consideration of the
expertise of the Under Secretary in, and
responsibilities associated with, standards.
(3) Coordination.--In carrying out the
accreditation and certification program under this
section, the designated officer shall coordinate with--
(A) the other officers of the Department
referred to in paragraph (2), using the
expertise and responsibilities of such
officers; and
(B) the Special Assistant to the Secretary
for the Private Sector, based on consideration
of the expertise of the Special Assistant in,
and responsibilities for, interacting with the
private sector.
(b) Voluntary Private Sector Preparedness Standards;
Voluntary Accreditation and Certification Program for the
Private Sector.--
(1) Accreditation and certification program.--Not
later than 210 days after the date of enactment of the
Implementing Recommendations of the 9/11 Commission Act
of 2007, the designated officer shall--
(A) begin supporting the development and
updating, as necessary, of voluntary
preparedness standards through appropriate
organizations that coordinate or facilitate the
development and use of voluntary consensus
standards and voluntary consensus standards
development organizations; and
(B) in consultation with representatives of
appropriate organizations that coordinate or
facilitate the development and use of voluntary
consensus standards, appropriate voluntary
consensus standards development organizations,
each private sector advisory council created
under section 102(f)(4), appropriate
representatives of State and local governments,
including emergency management officials, and
appropriate private sector advisory groups,
such as sector coordinating councils and
information sharing and analysis centers--
(i) develop and promote a program
to certify the preparedness of private
sector entities that voluntarily choose
to seek certification under the
program; and
(ii) implement the program under
this subsection through any entity with
which the designated officer enters
into an agreement under paragraph
(3)(A), which shall accredit third
parties to carry out the certification
process under this section.
(2) Program elements.--
(A) In general.--
(i) Program.--The program developed
and implemented under this subsection
shall assess whether a private sector
entity complies with voluntary
preparedness standards.
(ii) Guidelines.--In developing the
program under this subsection, the
designated officer shall develop
guidelines for the accreditation and
certification processes established
under this subsection.
(B) Standards.--The designated officer, in
consultation with representatives of
appropriate organizations that coordinate or
facilitate the development and use of voluntary
consensus standards, representatives of
appropriate voluntary consensus standards
development organizations, each private sector
advisory council created under section
102(f)(4), appropriate representatives of State
and local governments, including emergency
management officials, and appropriate private
sector advisory groups such as sector
coordinating councils and information sharing
and analysis centers--
(i) shall adopt one or more
appropriate voluntary preparedness
standards that promote preparedness,
which may be tailored to address the
unique nature of various sectors within
the private sector, as necessary and
appropriate, that shall be used in the
accreditation and certification program
under this subsection; and
(ii) after the adoption of one or
more standards under clause (i), may
adopt additional voluntary preparedness
standards or modify or discontinue the
use of voluntary preparedness standards
for the accreditation and certification
program, as necessary and appropriate
to promote preparedness.
(C) Submission of recommendations.--In
adopting one or more standards under
subparagraph (B), the designated officer may
receive recommendations from any entity
described in that subparagraph relating to
appropriate voluntary preparedness standards,
including appropriate sector specific
standards, for adoption in the program.
(D) Small business concerns.--The
designated officer and any entity with which
the designated officer enters into an agreement
under paragraph (3)(A) shall establish separate
classifications and methods of certification
for small business concerns (under the meaning
given that term in section 3 of the Small
Business Act (15 U.S.C. 632)) for the program
under this subsection.
(E) Considerations.--In developing and
implementing the program under this subsection,
the designated officer shall--
(i) consider the unique nature of
various sectors within the private
sector, including preparedness
standards, business continuity
standards, or best practices,
established--
(I) under any other
provision of Federal law; or
(II) by any sector-specific
agency, as defined under
Homeland Security Presidential
Directive-7; and
(ii) coordinate the program, as
appropriate, with--
(I) other Department
private sector related
programs; and
(II) preparedness and
business continuity programs in
other Federal agencies.
(3) Accreditation and certification processes.--
(A) Agreement.--
(i) In general.--Not later than 210
days after the date of enactment of the
Implementing Recommendations of the 9/
11 Commission Act of 2007, the
designated officer shall enter into one
or more agreements with a highly
qualified nongovernmental entity with
experience or expertise in coordinating
and facilitating the development and
use of voluntary consensus standards
and in managing or implementing
accreditation and certification
programs for voluntary consensus
standards, or a similarly qualified
private sector entity, to carry out
accreditations and oversee the
certification process under this
subsection. An entity entering into an
agreement with the designated officer
under this clause (hereinafter referred
to in this section as a ``selected
entity'') shall not perform
certifications under this subsection.
(ii) Contents.--A selected entity
shall manage the accreditation process
and oversee the certification process
in accordance with the program
established under this subsection and
accredit qualified third parties to
carry out the certification program
established under this subsection.
(B) Procedures and requirements for
accreditation and certification.--
(i) In general.--Any selected
entity shall collaborate to develop
procedures and requirements for the
accreditation and certification
processes under this subsection, in
accordance with the program established
under this subsection and guidelines
developed under paragraph (2)(A)(ii).
(ii) Contents and use.--The
procedures and requirements developed
under clause (i) shall--
(I) ensure reasonable
uniformity in any accreditation
and certification processes if
there is more than one selected
entity; and
(II) be used by any
selected entity in conducting
accreditations and overseeing
the certification process under
this subsection.
(iii) Disagreement.--Any
disagreement among selected entities in
developing procedures under clause (i)
shall be resolved by the designated
officer.
(C) Designation.--A selected entity may
accredit any qualified third party to carry out
the certification process under this
subsection.
(D) Disadvantaged business involvement.--In
accrediting qualified third parties to carry
out the certification process under this
subsection, a selected entity shall ensure, to
the extent practicable, that the third parties
include qualified small, minority, women-owned,
or disadvantaged business concerns when
appropriate. The term ``disadvantaged business
concern'' means a small business that is owned
and controlled by socially and economically
disadvantaged individuals, as defined in
section 124 of title 13, United States Code of
Federal Regulations.
(E) Treatment of other certifications.--At
the request of any entity seeking
certification, any selected entity may
consider, as appropriate, other relevant
certifications acquired by the entity seeking
certification. If the selected entity
determines that such other certifications are
sufficient to meet the certification
requirement or aspects of the certification
requirement under this section, the selected
entity may give credit to the entity seeking
certification, as appropriate, to avoid
unnecessarily duplicative certification
requirements.
(F) Third parties.--To be accredited under
subparagraph (C), a third party shall--
(i) demonstrate that the third
party has the ability to certify
private sector entities in accordance
with the procedures and requirements
developed under subparagraph (B);
(ii) agree to perform
certifications in accordance with such
procedures and requirements;
(iii) agree not to have any
beneficial interest in or any direct or
indirect control over--
(I) a private sector entity
for which that third party
conducts a certification under
this subsection; or
(II) any organization that
provides preparedness
consulting services to private
sector entities;
(iv) agree not to have any other
conflict of interest with respect to
any private sector entity for which
that third party conducts a
certification under this subsection;
(v) maintain liability insurance
coverage at policy limits in accordance
with the requirements developed under
subparagraph (B); and
(vi) enter into an agreement with
the selected entity accrediting that
third party to protect any proprietary
information of a private sector entity
obtained under this subsection.
(G) Monitoring.--
(i) In general.--The designated
officer and any selected entity shall
regularly monitor and inspect the
operations of any third party
conducting certifications under this
subsection to ensure that the third
party is complying with the procedures
and requirements established under
subparagraph (B) and all other
applicable requirements.
(ii) Revocation.--If the designated
officer or any selected entity
determines that a third party is not
meeting the procedures or requirements
established under subparagraph (B), the
selected entity shall--
(I) revoke the
accreditation of that third
party to conduct certifications
under this subsection; and
(II) review any
certification conducted by that
third party, as necessary and
appropriate.
(4) Annual review.--
(A) In general.--The designated officer, in
consultation with representatives of
appropriate organizations that coordinate or
facilitate the development and use of voluntary
consensus standards, appropriate voluntary
consensus standards development organizations,
appropriate representatives of State and local
governments, including emergency management
officials, and each private sector advisory
council created under section 102(f)(4), shall
annually review the voluntary accreditation and
certification program established under this
subsection to ensure the effectiveness of such
program (including the operations and
management of such program by any selected
entity and the selected entity's inclusion of
qualified disadvantaged business concerns under
paragraph (3)(D)) and make improvements and
adjustments to the program as necessary and
appropriate.
(B) Review of standards.--Each review under
subparagraph (A) shall include an assessment of
the voluntary preparedness standard or
standards used in the program under this
subsection.
(5) Voluntary participation.--Certification under
this subsection shall be voluntary for any private
sector entity.
(6) Public listing.--The designated officer shall
maintain and make public a listing of any private
sector entity certified as being in compliance with the
program established under this subsection, if that
private sector entity consents to such listing.
(c) Rule of Construction.--Nothing in this section may be
construed as--
(1) a requirement to replace any preparedness,
emergency response, or business continuity standards,
requirements, or best practices established--
(A) under any other provision of federal
law; or
(B) by any sector-specific agency, as those
agencies are defined under Homeland Security
Presidential Directive-7; or
(2) exempting any private sector entity seeking
certification or meeting certification requirements
under subsection (b) from compliance with all
applicable statutes, regulations, directives, policies,
and industry codes of practice.
TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS
SEC. 601. [6 U.S.C. 331] TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF
THE ARMED FORCES OF THE UNITED STATES AND OTHER
GOVERNMENTAL ORGANIZATIONS.
(a) Findings.--Congress finds the following:
(1) Members of the Armed Forces of the United
States defend the freedom and security of our Nation.
(2) Members of the Armed Forces of the United
States have lost their lives while battling the evils
of terrorism around the world.
(3) Personnel of the Central Intelligence Agency
(CIA) charged with the responsibility of covert
observation of terrorists around the world are often
put in harm's way during their service to the United
States.
(4) Personnel of the Central Intelligence Agency
have also lost their lives while battling the evils of
terrorism around the world.
(5) Employees of the Federal Bureau of
Investigation (FBI) and other Federal agencies charged
with domestic protection of the United States put their
lives at risk on a daily basis for the freedom and
security of our Nation.
(6) United States military personnel, CIA
personnel, FBI personnel, and other Federal agents in
the service of the United States are patriots of the
highest order.
(7) CIA officer Johnny Micheal Spann became the
first American to give his life for his country in the
War on Terrorism declared by President George W. Bush
following the terrorist attacks of September 11, 2001.
(8) Johnny Micheal Spann left behind a wife and
children who are very proud of the heroic actions of
their patriot father.
(9) Surviving dependents of members of the Armed
Forces of the United States who lose their lives as a
result of terrorist attacks or military operations
abroad receive a $6,000 death benefit, plus a small
monthly benefit.
(10) The current system of compensating spouses and
children of American patriots is inequitable and needs
improvement.
(b) Designation of Johnny Micheal Spann Patriot Trusts.--
Any charitable corporation, fund, foundation, or trust (or
separate fund or account thereof) which otherwise meets all
applicable requirements under law with respect to charitable
entities and meets the requirements described in subsection (c)
shall be eligible to characterize itself as a ``Johnny Micheal
Spann Patriot Trust''.
(c) Requirements for the Designation of Johnny Micheal
Spann Patriot Trusts.--The requirements described in this
subsection are as follows:
(1) Not taking into account funds or donations
reasonably necessary to establish a trust, at least 85
percent of all funds or donations (including any
earnings on the investment of such funds or donations)
received or collected by any Johnny Micheal Spann
Patriot Trust must be distributed to (or, if placed in
a private foundation, held in trust for) surviving
spouses, children, or dependent parents, grandparents,
or siblings of 1 or more of the following:
(A) members of the Armed Forces of the
United States;
(B) personnel, including contractors, of
elements of the intelligence community, as
defined in section 3(4) of the National
Security Act of 1947;
(C) employees of the Federal Bureau of
Investigation; and
(D) officers, employees, or contract
employees of the United States Government,
whose deaths occur in the line of duty and arise out of
terrorist attacks, military operations, intelligence
operations, or law enforcement operations or accidents
connected with activities occurring after September 11,
2001, and related to domestic or foreign efforts to
curb international terrorism, including the
Authorization for Use of Military Force (Public Law
107-40; 115 Stat. 224).
(2) Other than funds or donations reasonably
necessary to establish a trust, not more than 15
percent of all funds or donations (or 15 percent of
annual earnings on funds invested in a private
foundation) may be used for administrative purposes.
(3) No part of the net earnings of any Johnny
Micheal Spann Patriot Trust may inure to the benefit of
any individual based solely on the position of such
individual as a shareholder, an officer or employee of
such Trust.
(4) None of the activities of any Johnny Micheal
Spann Patriot Trust shall be conducted in a manner
inconsistent with any law that prohibits attempting to
influence legislation.
(5) No Johnny Micheal Spann Patriot Trust may
participate in or intervene in any political campaign
on behalf of (or in opposition to) any candidate for
public office, including by publication or distribution
of statements.
(6) Each Johnny Micheal Spann Patriot Trust shall
comply with the instructions and directions of the
Director of Central Intelligence, the Attorney General,
or the Secretary of Defense relating to the protection
of intelligence sources and methods, sensitive law
enforcement information, or other sensitive national
security information, including methods for
confidentially disbursing funds.
(7) Each Johnny Micheal Spann Patriot Trust that
receives annual contributions totaling more than
$1,000,000 must be audited annually by an independent
certified public accounting firm. Such audits shall be
filed with the Internal Revenue Service, and shall be
open to public inspection, except that the conduct,
filing, and availability of the audit shall be
consistent with the protection of intelligence sources
and methods, of sensitive law enforcement information,
and of other sensitive national security information.
(8) Each Johnny Micheal Spann Patriot Trust shall
make distributions to beneficiaries described in
paragraph (1) at least once every calendar year,
beginning not later than 12 months after the formation
of such Trust, and all funds and donations received and
earnings not placed in a private foundation dedicated
to such beneficiaries must be distributed within 36
months after the end of the fiscal year in which such
funds, donations, and earnings are received.
(9)(A) When determining the amount of a
distribution to any beneficiary described in paragraph
(1), a Johnny Micheal Spann Patriot Trust should take
into account the amount of any collateral source
compensation that the beneficiary has received or is
entitled to receive as a result of the death of an
individual described in paragraph (1).
(B) Collateral source compensation includes all
compensation from collateral sources, including life
insurance, pension funds, death benefit programs, and
payments by Federal, State, or local governments
related to the death of an individual described in
paragraph (1).
(d) Treatment of Johnny Micheal Spann Patriot Trusts.--Each
Johnny Micheal Spann Patriot Trust shall refrain from
conducting the activities described in clauses (i) and (ii) of
section 301(20)(A) of the Federal Election Campaign Act of 1971
so that a general solicitation of funds by an individual
described in paragraph (1) of section 323(e) of such Act will
be permissible if such solicitation meets the requirements of
paragraph (4)(A) of such section.
(e) Notification of Trust Beneficiaries.--Notwithstanding
any other provision of law, and in a manner consistent with the
protection of intelligence sources and methods and sensitive
law enforcement information, and other sensitive national
security information, the Secretary of Defense, the Director of
the Federal Bureau of Investigation, or the Director of Central

Intelligence, or their designees, as applicable, may forward
information received from an executor, administrator, or other
legal representative of the estate of a decedent described in
subparagraph (A), (B), (C), or (D) of subsection (c)(1), to a
Johnny Micheal Spann Patriot Trust on how to contact
individuals eligible for a distribution under subsection (c)(1)
for the purpose of providing assistance from such Trust:
Provided, That, neither forwarding nor failing to forward any
information under this subsection shall create any cause of
action against any Federal department, agency, officer, agent,
or employee.
(f) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Attorney General, the Director of the
Federal Bureau of Investigation, and the Director of Central
Intelligence, shall prescribe regulations to carry out this
section.
TITLE VII--MANAGEMENT
SEC. 701. [6 U.S.C. 341] UNDER SECRETARY FOR MANAGEMENT.
(a) In General.--The Under Secretary for Management shall
serve as the Chief Management Officer and principal advisor to
the Secretary on matters related to the management of the
Department, including management integration and transformation
in support of homeland security operations and programs. The
Secretary, acting through the Under Secretary for Management,
shall be responsible for the management and administration of
the Department, including the following:
(1) The budget, appropriations, expenditures of
funds, accounting, and finance.
(2) Procurement.
(3) Human resources and personnel.
(4) Information technology and communications
systems.
(5) Facilities, property, equipment, and other
material resources.
(6) Security for personnel, information technology
and communications systems, facilities, property,
equipment, and other material resources.
(7) Strategic management planning and annual
performance planning and identification and tracking of
performance measures relating to the responsibilities
of the Department.
(8) Grants and other assistance management
programs.
(9) The management integration and transformation
process, as well as the transition process, to ensure
an efficient and orderly consolidation of functions and
personnel in the Department and transition, including--
(A) the development of a management
integration strategy for the Department, and
(B) before December 1 of any year in which
a Presidential election is held, the
development of a transition and succession
plan, to be made available to the incoming
Secretary and Under Secretary for Management,
to guide the transition of management functions
to a new Administration.
(10) The conduct of internal audits and management
analyses of the programs and activities of the
Department.
(11) Any other management duties that the Secretary
may designate.
(b) Immigration.--
(1) In general.--In addition to the
responsibilities described in subsection (a), the Under
Secretary for Management shall be responsible for the
following:
(A) Maintenance of all immigration
statistical information of the Bureau of Border
Security and the Bureau of Citizenship and
Immigration Services. Such statistical
information shall include information and
statistics of the type contained in the
publication entitled ``Statistical Yearbook of
the Immigration and Naturalization Service''
prepared by the Immigration and Naturalization
Service (as in effect immediately before the
date on which the transfer of functions
specified under section 441 takes effect),
including region-by-region statistics on the
aggregate number of applications and petitions
filed by an alien (or filed on behalf of an
alien) and denied by such bureau, and the
reasons for such denials, disaggregated by
category of denial and application or petition
type.
(B) Establishment of standards of
reliability and validity for immigration
statistics collected by such bureaus.
(2) Transfer of functions.--In accordance with
title XV, there shall be transferred to the Under
Secretary for Management all functions performed
immediately before such transfer occurs by the
Statistics Branch of the Office of Policy and Planning
of the Immigration and Naturalization Service with
respect to the following programs:
(A) The Border Patrol program.
(B) The detention and removal program.
(C) The intelligence program.
(D) The investigations program.
(E) The inspections program.
(F) Adjudication of immigrant visa
petitions.
(G) Adjudication of naturalization
petitions.
(H) Adjudication of asylum and refugee
applications.
(I) Adjudications performed at service
centers.
(J) All other adjudications performed by
the Immigration and Naturalization Service.
(c) Appointment and Evaluation.--The Under Secretary for
Management shall--
(1) be appointed by the President, by and with the
advice and consent of the Senate, from among persons
who have--
(A) extensive executive level leadership
and management experience in the public or
private sector;
(B) strong leadership skills;
(C) a demonstrated ability to manage large
and complex organizations; and
(D) a proven record in achieving positive
operational results;
(2) enter into an annual performance agreement with
the Secretary that shall set forth measurable
individual and organizational goals; and
(3) be subject to an annual performance evaluation
by the Secretary, who shall determine as part of each
such evaluation whether the Under Secretary for
Management has made satisfactory progress toward
achieving the goals set out in the performance
agreement required under paragraph (2).
SEC. 702. [6 U.S.C. 342] CHIEF FINANCIAL OFFICER.
(a) In General.--The Chief Financial Officer shall perform
functions as specified in chapter 9 of title 31, United States
Code, and, with respect to all such functions and other
responsibilities that may be assigned to the Chief Financial
Officer from time to time, shall also report to the Under
Secretary for Management.
(b) Program Analysis and Evaluation Function.--
(1) Establishment of office of program analysis and
evaluation.--Not later than 90 days after the date of
enactment of this subsection, the Secretary shall
establish an Office of Program Analysis and Evaluation
within the Department (in this section referred to as
the ``Office'').
(2) Responsibilities.--The Office shall perform the
following functions:
(A) Analyze and evaluate plans, programs,
and budgets of the Department in relation to
United States homeland security objectives,
projected threats, vulnerability assessments,
estimated costs, resource constraints, and the
most recent homeland security strategy
developed pursuant to section 874(b)(2).
(B) Develop and perform analyses and
evaluations of alternative plans, programs,
personnel levels, and budget submissions for
the Department in relation to United States
homeland security objectives, projected
threats, vulnerability assessments, estimated
costs, resource constraints, and the most
recent homeland security strategy developed
pursuant to section 874(b)(2).
(C) Establish policies for, and oversee the
integration of, the planning, programming, and
budgeting system of the Department.
(D) Review and ensure that the Department
meets performance-based budget requirements
established by the Office of Management and
Budget.
(E) Provide guidance for, and oversee the
development of, the Future Years Homeland
Security Program of the Department, as
specified under section 874.
(F) Ensure that the costs of Department
programs, including classified programs, are
presented accurately and completely.
(G) Oversee the preparation of the annual
performance plan for the Department and the
program and performance section of the annual
report on program performance for the
Department, consistent with sections 1115 and
1116, respectively, of title 31, United States
Code.
(H) Provide leadership in developing and
promoting improved analytical tools and methods
for analyzing homeland security planning and
the allocation of resources.
(I) Any other responsibilities delegated by
the Secretary consistent with an effective
program analysis and evaluation function.
(3) Director of program analysis and evaluation.--
There shall be a Director of Program Analysis and
Evaluation, who--
(A) shall be a principal staff assistant to
the Chief Financial Officer of the Department
for program analysis and evaluation; and
(B) shall report to an official no lower
than the Chief Financial Officer.
(4) Reorganization.--
(A) In general.--The Secretary may allocate
or reallocate the functions of the Office, or
discontinue the Office, in accordance with
section 872(a).
(B) Exemption from limitations.--Section
872(b) shall not apply to any action by the
Secretary under this paragraph.
(c) Notification Regarding Transfer or Reprogramming of
Funds.--In any case in which appropriations available to the
Department or any officer of the Department are transferred or
reprogrammed and notice of such transfer or reprogramming is
submitted to the Congress (including any officer, office, or
Committee of the Congress), the Chief Financial Officer of the
Department shall simultaneously submit such notice to the
Select Committee on Homeland Security (or any successor to the
jurisdiction of that committee) and the Committee on Government
Reform of the House of Representatives, and to the Committee on
Governmental Affairs of the Senate.
SEC. 703. [6 U.S.C. 343] CHIEF INFORMATION OFFICER.
(a) In General.--The Chief Information Officer shall report
to the Secretary, or to another official of the Department, as
the Secretary may direct.
(b) Geospatial Information Functions.--
(1) Definitions.--As used in this subsection:
(A) Geospatial information.--The term
``geospatial information'' means graphical or
digital data depicting natural or manmade
physical features, phenomena, or boundaries of
the earth and any information related thereto,
including surveys, maps, charts, remote sensing
data, and images.
(B) Geospatial technology.--The term
``geospatial technology'' means any technology
utilized by analysts, specialists, surveyors,
photogrammetrists, hydrographers, geodesists,
cartographers, architects, or engineers for the
collection, storage, retrieval, or
dissemination of geospatial information,
including--
(i) global satellite surveillance
systems;
(ii) global position systems;
(iii) geographic information
systems;
(iv) mapping equipment;
(v) geocoding technology; and
(vi) remote sensing devices.
(2) Office of geospatial management.--
(A) Establishment.--The Office of
Geospatial Management is established within the
Office of the Chief Information Officer.
(B) Geospatial information officer.--
(i) Appointment.--The Office of
Geospatial Management shall be
administered by the Geospatial
Information Officer, who shall be
appointed by the Secretary and serve
under the direction of the Chief
Information Officer.
(ii) Functions.--The Geospatial
Information Officer shall assist the
Chief Information Officer in carrying
out all functions under this section
and in coordinating the geospatial
information needs of the Department.
(C) Coordination of geospatial
information.--The Chief Information Officer
shall establish and carry out a program to
provide for the efficient use of geospatial
information, which shall include--
(i) providing such geospatial
information as may be necessary to
implement the critical infrastructure
protection programs;
(ii) providing leadership and
coordination in meeting the geospatial
information requirements of those
responsible for planning, prevention,
mitigation, assessment and response to
emergencies, critical infrastructure
protection, and other functions of the
Department; and
(iii) coordinating with users of
geospatial information within the
Department to assure interoperability
and prevent unnecessary duplication.
(D) Responsibilities.--In carrying out this
subsection, the responsibilities of the Chief
Information Officer shall include--
(i) coordinating the geospatial
information needs and activities of the
Department;
(ii) implementing standards, as
adopted by the Director of the Office
of Management and Budget under the
processes established under section 216
of the E-Government Act of 2002 (44
U.S.C. 3501 note), to facilitate the
interoperability of geospatial
information pertaining to homeland
security among all users of such
information within--
(I) the Department;
(II) State and local
government; and
(III) the private sector;
(iii) coordinating with the Federal
Geographic Data Committee and carrying
out the responsibilities of the
Department pursuant to Office of
Management and Budget Circular A-16 and
Executive Order 12906; and
(iv) making recommendations to the
Secretary and the Executive Director of
the Office for State and Local
Government Coordination and
Preparedness on awarding grants to--
(I) fund the creation of
geospatial data; and
(II) execute information
sharing agreements regarding
geospatial data with State,
local, and tribal governments.
(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection for each fiscal
year.
SEC. 704. [6 U.S.C. 344] CHIEF HUMAN CAPITAL OFFICER.
The Chief Human Capital Officer shall report to the
Secretary, or to another official of the Department, as the
Secretary may direct and shall ensure that all employees of the
Department are informed of their rights and remedies under
chapters 12 and 23 of title 5, United States Code, by--
(1) participating in the 2302(c) Certification
Program of the Office of Special Counsel;
(2) achieving certification from the Office of
Special Counsel of the Department's compliance with
section 2302(c) of title 5, United States Code; and
(3) informing Congress of such certification not
later than 24 months after the date of enactment of
this Act.
SEC. 705. [6 U.S.C. 345] ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND
CIVIL LIBERTIES.
(a) In General.--The Officer for Civil Rights and Civil
Liberties, who shall report directly to the Secretary, shall--
(1) review and assess information concerning abuses
of civil rights, civil liberties, and profiling on the
basis of race, ethnicity, or religion, by employees and
officials of the Department;
(2) make public through the Internet, radio,
television, or newspaper advertisements information on
the responsibilities and functions of, and how to
contact, the Officer;
(3) assist the Secretary, directorates, and offices
of the Department to develop, implement, and
periodically review Department policies and procedures
to ensure that the protection of civil rights and civil
liberties is appropriately incorporated into Department
programs and activities;
(4) oversee compliance with constitutional,
statutory, regulatory, policy, and other requirements
relating to the civil rights and civil liberties of
individuals affected by the programs and activities of
the Department;
(5) coordinate with the Privacy Officer to ensure
that--
(A) programs, policies, and procedures
involving civil rights, civil liberties, and
privacy considerations are addressed in an
integrated and comprehensive manner; and
(B) Congress receives appropriate reports
regarding such programs, policies, and
procedures; and
(6) investigate complaints and information
indicating possible abuses of civil rights or civil
liberties, unless the Inspector General of the
Department determines that any such complaint or
information should be investigated by the Inspector
General.
(b) Report.--The Secretary shall submit to the
President of the Senate, the Speaker of the House of
Representatives, and the appropriate committees and
subcommittees of Congress on an annual basis a report
on the implementation of this section, including the
use of funds appropriated to carry out this section,
and detailing any allegations of abuses described under
subsection (a)(1) and any actions taken by the
Department in response to such allegations.
SEC. 706. [6 U.S.C. 346] CONSOLIDATION AND CO-LOCATION OF OFFICES.
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall develop and submit to Congress a
plan for consolidating and co-locating--
(1) any regional offices or field offices of
agencies that are transferred to the Department under
this Act, if such officers are located in the same
municipality; and
(2) portions of regional and field offices of other
Federal agencies, to the extent such offices perform
functions that are transferred to the Secretary under
this Act.
SEC. 707. [6 U.S.C. 347] QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) Requirement.--
(1) Quadrennial reviews required.--In fiscal year
2009, and every 4 years thereafter, the Secretary shall
conduct a review of the homeland security of the Nation
(in this section referred to as a ``quadrennial
homeland security review'').
(2) Scope of reviews.--Each quadrennial homeland
security review shall be a comprehensive examination of
the homeland security strategy of the Nation, including
recommendations regarding the long-term strategy and
priorities of the Nation for homeland security and
guidance on the programs, assets, capabilities, budget,
policies, and authorities of the Department.
(3) Consultation.--The Secretary shall conduct each
quadrennial homeland security review under this
subsection in consultation with--
(A) the heads of other Federal agencies,
including the Attorney General, the Secretary
of State, the Secretary of Defense, the
Secretary of Health and Human Services, the
Secretary of the Treasury, the Secretary of
Agriculture, and the Director of National
Intelligence;
(B) key officials of the Department; and
(C) other relevant governmental and
nongovernmental entities, including State,
local, and tribal government officials, members
of Congress, private sector representatives,
academics, and other policy experts.
(4) Relationship with future years homeland
security program.--The Secretary shall ensure that each
review conducted under this section is coordinated with
the Future Years Homeland Security Program required
under section 874.
(b) Contents of Review.--In each quadrennial homeland
security review, the Secretary shall--
(1) delineate and update, as appropriate, the
national homeland security strategy, consistent with
appropriate national and Department strategies,
strategic plans, and Homeland Security Presidential
Directives, including the National Strategy for
Homeland Security, the National Response Plan, and the
Department Security Strategic Plan;
(2) outline and prioritize the full range of the
critical homeland security mission areas of the Nation;
(3) describe the interagency cooperation,
preparedness of Federal response assets,
infrastructure, budget plan, and other elements of the
homeland security program and policies of the Nation
associated with the national homeland security
strategy, required to execute successfully the full
range of missions called for in the national homeland
security strategy described in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2);
(4) identify the budget plan required to provide
sufficient resources to successfully execute the full
range of missions called for in the national homeland
security strategy described in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2);
(5) include an assessment of the organizational
alignment of the Department with the national homeland
security strategy referred to in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2); and
(6) review and assess the effectiveness of the
mechanisms of the Department for executing the process
of turning the requirements developed in the
quadrennial homeland security review into an
acquisition strategy and expenditure plan within the
Department.
(c) Reporting.--
(1) In general.--Not later than December 31 of the
year in which a quadrennial homeland security review is
conducted, the Secretary shall submit to Congress a
report regarding that quadrennial homeland security
review.
(2) Contents of report.--Each report submitted
under paragraph (1) shall include--
(A) the results of the quadrennial homeland
security review;
(B) a description of the threats to the
assumed or defined national homeland security
interests of the Nation that were examined for
the purposes of that review;
(C) the national homeland security
strategy, including a prioritized list of the
critical homeland security missions of the
Nation;
(D) a description of the interagency
cooperation, preparedness of Federal response
assets, infrastructure, budget plan, and other
elements of the homeland security program and
policies of the Nation associated with the
national homeland security strategy, required
to execute successfully the full range of
missions called for in the applicable national
homeland security strategy referred to in
subsection (b)(1) and the homeland security
mission areas outlined under subsection (b)(2);
(E) an assessment of the organizational
alignment of the Department with the applicable
national homeland security strategy referred to
in subsection (b)(1) and the homeland security
mission areas outlined under subsection (b)(2),
including the Department's organizational
structure, management systems, budget and
accounting systems, human resources systems,
procurement systems, and physical and technical
infrastructure;
(F) a discussion of the status of
cooperation among Federal agencies in the
effort to promote national homeland security;
(G) a discussion of the status of
cooperation between the Federal Government and
State, local, and tribal governments in
preventing terrorist attacks and preparing for
emergency response to threats to national
homeland security;
(H) an explanation of any underlying
assumptions used in conducting the review; and
(I) any other matter the Secretary
considers appropriate.
(3) Public availability.--The Secretary shall,
consistent with the protection of national security and
other sensitive matters, make each report submitted
under paragraph (1) publicly available on the Internet
website of the Department.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Subtitle A--Coordination with Non-Federal Entities
SEC. 801. [6 U.S.C. 361] OFFICE FOR STATE AND LOCAL GOVERNMENT
COORDINATION.
(a) Establishment.--There is established within the Office
of the Secretary the Office for State and Local Government
Coordination, to oversee and coordinate departmental programs
for and relationships with State and local governments.
(b) Responsibilities.--The Office established under
subsection (a) shall--
(1) coordinate the activities of the Department
relating to State and local government;
(2) assess, and advocate for, the resources needed
by State and local government to implement the national
strategy for combating terrorism;
(3) provide State and local government with regular
information, research, and technical support to assist
local efforts at securing the homeland; and
(4) develop a process for receiving meaningful
input from State and local government to assist the
development of the national strategy for combating
terrorism and other homeland security activities.
Subtitle B--Inspector General
[SEC. 811. REPEALED]
* * * * * * *
SEC. 812. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.
(a) * * *
* * * * * * *
(b) [5 U.S.C. app. 6 note] Promulgation of Initial
Guidelines.--
(1) Definition.--In this subsection, the term
``memoranda of understanding'' means the agreements
between the Department of Justice and the Inspector
General offices described under section 6(e)(3) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as added
by subsection (a) of this section) that--
(A) are in effect on the date of enactment
of this Act; and
(B) authorize such offices to exercise
authority that is the same or similar to the
authority under section 6(e)(1) of such Act.
(2) In general.--Not later than 180 days after the
date of enactment of this Act, the Attorney General
shall promulgate guidelines under section 6(e)(4) of
the Inspector General Act of 1978 (5 U.S.C. App.) (as
added by subsection (a) of this section) applicable to
the Inspector General offices described under section
6(e)(3) of that Act.
(3) Minimum requirements.--The guidelines
promulgated under this subsection shall include, at a
minimum, the operational and training requirements in
the memoranda of understanding.
(4) No lapse of authority.--The memoranda of
understanding in effect on the date of enactment of
this Act shall remain in effect until the guidelines
promulgated under this subsection take effect.
(c) [5 U.S.C. app. 6 note] Effective Dates.--
(1) In general.--Subsection (a) shall take effect
180 days after the date of enactment of this Act.
(2) Initial guidelines.--Subsection (b) shall take
effect on the date of enactment of this Act.
Subtitle C--United States Secret Service
SEC. 821. [6 U.S.C. 381] FUNCTIONS TRANSFERRED.
In accordance with title XV, there shall be transferred to
the Secretary the functions, personnel, assets, and obligations
of the United States Secret Service, which shall be maintained
as a distinct entity within the Department, including the
functions of the Secretary of the Treasury relating thereto.
Subtitle D--Acquisitions
SEC. 831. [6 U.S.C. 391] RESEARCH AND DEVELOPMENT PROJECTS.
(a) Authority.--Until September 30, 2009 and subject to
subsection (d), the Secretary may carry out a pilot program
under which the Secretary may exercise the following
authorities:
(1) In general.--When the Secretary carries out
basic, applied, and advanced research and development
projects, including the expenditure of funds for such
projects, the Secretary may exercise the same authority
(subject to the same limitations and conditions) with
respect to such research and projects as the Secretary
of Defense may exercise under section 2371 of title 10,
United States Code (except for subsections (b) and
(f)), after making a determination that the use of a
contract, grant, or cooperative agreement for such
project is not feasible or appropriate. The annual
report required under subsection (b) of this section,
as applied to the Secretary by this paragraph, shall be
submitted to the President of the Senate and the
Speaker of the House of Representatives.
(2) Prototype projects.--The Secretary may, under
the authority of paragraph (1), carry out prototype
projects in accordance with the requirements and
conditions provided for carrying out prototype projects
under section 845 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160). In
applying the authorities of that section 845,
subsection (c) of that section shall apply with respect
to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary
of Defense under subsection (d) thereof.
(b) Report.--Not later than 2 years after the effective
date of this Act, and annually thereafter, the Comptroller
General shall report to the Committee on Government Reform of
the House of Representatives and the Committee on Governmental
Affairs of the Senate on--
(1) whether use of the authorities described in
subsection (a) attracts nontraditional Government
contractors and results in the acquisition of needed
technologies; and
(2) if such authorities were to be made permanent,
whether additional safeguards are needed with respect
to the use of such authorities.
(c) Procurement of Temporary and Intermittent Services.--
The Secretary may--
(1) procure the temporary or intermittent services
of experts or consultants (or organizations thereof) in
accordance with section 3109(b) of title 5, United
States Code; and
(2) whenever necessary due to an urgent homeland
security need, procure temporary (not to exceed 1 year)
or intermittent personal services, including the
services of experts or consultants (or organizations
thereof), without regard to the pay limitations of such
section 3109.
(d) Additional Requirements.--
(1) In general.--The authority of the Secretary
under this section shall terminate September 30, 2009,
unless before that date the Secretary--
(A) issues policy guidance detailing the
appropriate use of that authority; and
(B) provides training to each employee that
is authorized to exercise that authority.
(2) Report.--The Secretary shall provide an annual
report to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Homeland Security of the
House of Representatives detailing the projects for
which the authority granted by subsection (a) was used,
the rationale for its use, the funds spent using that
authority, the outcome of each project for which that
authority was used, and the results of any audits of
such projects.
(e) Definition of Nontraditional Government Contractor.--In
this section, the term ``nontraditional Government contractor''
has the same meaning as the term ``nontraditional defense
contractor'' as defined in section 845(e) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2371 note).
SEC. 832. [6 U.S.C. 392] PERSONAL SERVICES.
The Secretary--
(1) may procure the temporary or intermittent
services of experts or consultants (or organizations
thereof) in accordance with section 3109 of title 5,
United States Code; and
(2) may, whenever necessary due to an urgent
homeland security need, procure temporary (not to
exceed 1 year) or intermittent personal services,
including the services of experts or consultants (or
organizations thereof), without regard to the pay
limitations of such section 3109.
SEC. 833. [6 U.S.C. 393] SPECIAL STREAMLINED ACQUISITION AUTHORITY.
(a) Authority.--
(1) In general.--The Secretary may use the
authorities set forth in this section with respect to
any procurement made during the period beginning on the
effective date of this Act and ending September 30,
2007, if the Secretary determines in writing that the
mission of the Department (as described in section 101)
would be seriously impaired without the use of such
authorities.
(2) Delegation.--The authority to make the
determination described in paragraph (1) may not be
delegated by the Secretary to an officer of the
Department who is not appointed by the President with
the advice and consent of the Senate.
(3) Notification.--Not later than the date that is
7 days after the date of any determination under
paragraph (1), the Secretary shall submit to the
Committee on Government Reform of the House of
Representatives and the Committee on Governmental
Affairs of the Senate--
(A) notification of such determination; and
(B) the justification for such determination.
(b) Increased Micro-Purchase Threshold For Certain
Procurements.--
(1) In general.--The Secretary may designate
certain employees of the Department to make
procurements described in subsection (a) for which in
the administration of section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428) the
amount specified in subsections (c), (d), and (f) of
such section 32 shall be deemed to be $7,500.
(2) Number of employees.--The number of employees
designated under paragraph (1) shall be--
(A) fewer than the number of employees of
the Department who are authorized to make
purchases without obtaining competitive
quotations, pursuant to section 32(c) of the
Office of Federal Procurement Policy Act (41
U.S.C. 428(c));
(B) sufficient to ensure the geographic
dispersal of the availability of the use of the
procurement authority under such paragraph at
locations reasonably considered to be potential
terrorist targets; and
(C) sufficiently limited to allow for the
careful monitoring of employees designated
under such paragraph.
(3) Review.--Procurements made under the authority
of this subsection shall be subject to review by a
designated supervisor on not less than a monthly basis.
The supervisor responsible for the review shall be
responsible for no more than 7 employees making
procurements under this subsection.
(c) Simplified Acquisition Procedures.--
(1) In general.--With respect to a procurement
described in subsection (a), the Secretary may deem the
simplified acquisition threshold referred to in section
4(11) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(11)) to be--
(A) in the case of a contract to be awarded
and performed, or purchase to be made, within
the United States, $200,000; and
(B) in the case of a contract to be awarded
and performed, or purchase to be made, outside
of the United States, $300,000.
* * * * * * *
(d) Application of Certain Commercial Items Authorities.--
(1) In general.--With respect to a procurement
described in subsection (a), the Secretary may deem any
item or service to be a commercial item for the purpose
of Federal procurement laws.
(2) Limitation.--The $5,000,000 limitation provided
in section 31(a)(2) of the Office of Federal
Procurement Policy Act (41 U.S.C. 427(a)(2)) and
section 303(g)(1)(B) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B)) shall be deemed to be $7,500,000 for
purposes of property or services under the authority of
this subsection.
(3) Certain authority.--Authority under a provision
of law referred to in paragraph (2) that expires under
section 4202(e) of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106; 10 U.S.C.
2304 note) shall, notwithstanding such section,
continue to apply for a procurement described in
subsection (a).
(e) Report.--Not later than 180 days after the end of
fiscal year 2005, the Comptroller General shall submit to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of Representatives
a report on the use of the authorities provided in this
section. The report shall contain the following:
(1) An assessment of the extent to which property
and services acquired using authorities provided under
this section contributed to the capacity of the Federal
workforce to facilitate the mission of the Department
as described in section 101.
(2) An assessment of the extent to which prices for
property and services acquired using authorities
provided under this section reflected the best value.
(3) The number of employees designated by each
executive agency under subsection (b)(1).
(4) An assessment of the extent to which the
Department has implemented subsections (b)(2) and
(b)(3) to monitor the use of procurement authority by
employees designated under subsection (b)(1).
(5) Any recommendations of the Comptroller General
for improving the effectiveness of the implementation
of the provisions of this section.
SEC. 834. [6 U.S.C. 394] UNSOLICITED PROPOSALS.
(a) Regulations Required.--Within 1 year of the date of
enactment of this Act, the Federal Acquisition Regulation shall
be revised to include regulations with regard to unsolicited
proposals.
(b) Content of Regulations.--The regulations prescribed
under subsection (a) shall require that before initiating a
comprehensive evaluation, an agency contact point shall
consider, among other factors, that the proposal--
(1) is not submitted in response to a previously
published agency requirement; and
(2) contains technical and cost information for
evaluation and overall scientific, technical or
socioeconomic merit, or cost-related or price-related
factors.
SEC. 835. [6 U.S.C. 395] PROHIBITION ON CONTRACTS WITH CORPORATE
EXPATRIATES.
(a) In General.--The Secretary may not enter into any
contract with a foreign incorporated entity which is treated as
an inverted domestic corporation under subsection (b), or any
subsidiary of such an entity.
(b) Inverted Domestic Corporation.--For purposes of this
section, a foreign incorporated entity shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a
series of related transactions)--
(1) the entity completes before, on, or after the
date of enactment of this Act, the direct or indirect
acquisition of substantially all of the properties held
directly or indirectly by a domestic corporation or
substantially all of the properties constituting a
trade or business of a domestic partnership;
(2) after the acquisition at least 80 percent of
the stock (by vote or value) of the entity is held--
(A) in the case of an acquisition with
respect to a domestic corporation, by former
shareholders of the domestic corporation by
reason of holding stock in the domestic
corporation; or
(B) in the case of an acquisition with
respect to a domestic partnership, by former
partners of the domestic partnership by reason
of holding a capital or profits interest in the
domestic partnership; and
(3) the expanded affiliated group which after the
acquisition includes the entity does not have
substantial business activities in the foreign country
in which or under the law of which the entity is
created or organized when compared to the total
business activities of such expanded affiliated group.
(c) Definitions and Special Rules.--
(1) Rules for application of subsection (b).--In
applying subsection (b) for purposes of subsection (a),
the following rules shall apply:
(A) Certain stock disregarded.--There shall
not be taken into account in determining
ownership for purposes of subsection (b)(2)--
(i) stock held by members of the
expanded affiliated group which
includes the foreign incorporated
entity; or
(ii) stock of such entity which is
sold in a public offering related to
the acquisition described in subsection
(b)(1).
(B) Plan deemed in certain cases.--If a
foreign incorporated entity acquires directly
or indirectly substantially all of the
properties of a domestic corporation or
partnership during the 4-year period beginning
on the date which is 2 years before the
ownership requirements of subsection (b)(2) are
met, such actions shall be treated as pursuant
to a plan.
(C) Certain transfers disregarded.--The
transfer of properties or liabilities
(including by contribution or distribution)
shall be disregarded if such transfers are part
of a plan a principal purpose of which is to
avoid the purposes of this section.
(D) Special rule for related
partnerships.--For purposes of applying
subsection (b) to the acquisition of a domestic
partnership, except as provided in regulations,
all domestic partnerships which are under
common control (within the meaning of section
482 of the Internal Revenue Code of 1986) shall
be treated as I partnership.
(E) Treatment of certain rights.--The
Secretary shall prescribe such regulations as
may be necessary to--
(i) treat warrants, options,
contracts to acquire stock, convertible
debt instruments, and other similar
interests as stock; and
(ii) treat stock as not stock.
(2) Expanded affiliated group.--The term ``expanded
affiliated group'' means an affiliated group as defined
in section 1504(a) of the Internal Revenue Code of 1986
(without regard to section 1504(b) of such Code),
except that section 1504 of such Code shall be applied
by substituting ``more than 50 percent'' for ``at least
80 percent'' each place it appears.
(3) Foreign incorporated entity.--The term
``foreign incorporated entity'' means any entity which
is, or but for subsection (b) would be, treated as a
foreign corporation for purposes of the Internal
Revenue Code of 1986.
(4) Other definitions.--The terms ``person'',
``domestic'', and ``foreign'' have the meanings given
such terms by paragraphs (1), (4), and (5) of section
7701(a) of the Internal Revenue Code of 1986,
respectively.
(d) Waivers.--The Secretary shall waive subsection (a) with
respect to any specific contract if the Secretary determines
that the waiver is required in the interest of national
security.
* * * * * * *
Subtitle E--Human Resources Management
SEC. 841. [6 U.S.C. 411] ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT
SYSTEM.
(a) Authority.--
(1) Sense of congress.--It is the sense of Congress
that--
(A) it is extremely important that
employees of the Department be allowed to
participate in a meaningful way in the creation
of any human resources management system