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

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

affecting them;
(B) such employees have the most direct
knowledge of the demands of their jobs and have
a direct interest in ensuring that their human
resources management system is conducive to
achieving optimal operational efficiencies;
(C) the 21st century human resources
management system envisioned for the Department
should be one that benefits from the input of
its employees; and
(D) this collaborative effort will help
secure our homeland.
* * * * * * *
(b) Effect on Personnel.--
(1) Nonseparation or nonreduction in grade or
compensation of full-time personnel and part-time
personnel holding permanent positions.--Except as
otherwise provided in this Act, the transfer under this
Act of full-time personnel (except special Government
employees) and part-time personnel holding permanent
positions shall not cause any such employee to be
separated or reduced in grade or compensation for 1
year after the date of transfer to the Department.
(2) Positions compensated in accordance with
executive schedule.--Any person who, on the day
preceding such person's date of transfer pursuant to
this Act, held a position compensated in accordance
with the Executive Schedule prescribed in chapter 53 of
title 5, United States Code, and who, without a break
in service, is appointed in the Department to a
position having duties comparable to the duties
performed immediately preceding such appointment shall
continue to be compensated in such new position at not
less than the rate provided for such position, for the
duration of the service of such person in such new
position.
(3) Coordination rule.--Any exercise of authority
under chapter 97 of title 5, United States Code (as
amended by subsection (a)), including under any system
established under such chapter, shall be in conformance
with the requirements of this subsection.
SEC. 842. [6 U.S.C. 412] LABOR-MANAGEMENT RELATIONS.
(a) Limitation on Exclusionary Authority.--
(1) In general.--No agency or subdivision of an
agency which is transferred to the Department pursuant
to this Act shall be excluded from the coverage of
chapter 71 of title 5, United States Code, as a result
of any order issued under section 7103(b)(1) of such
title 5 after June 18, 2002, unless--
(A) the mission and responsibilities of the
agency (or subdivision) materially change; and
(B) a majority of the employees within such
agency (or subdivision) have as their primary
duty intelligence, counterintelligence, or
investigative work directly related to
terrorism investigation.
(2) Exclusions allowable.--Nothing in paragraph (1)
shall affect the effectiveness of any order to the
extent that such order excludes any portion of an
agency or subdivision of an agency as to which--
(A) recognition as an appropriate unit has
never been conferred for purposes of chapter 71
of such title 5; or
(B) any such recognition has been revoked
or otherwise terminated as a result of a
determination under subsection (b)(1).
(b) Provisions Relating to Bargaining Units.--
(1) Limitation relating to appropriate units.--Each
unit which is recognized as an appropriate unit for
purposes of chapter 71 of title 5, United States Code,
as of the day before the effective date of this Act
(and any subdivision of any such unit) shall, if such
unit (or subdivision) is transferred to the Department
pursuant to this Act, continue to be so recognized for
such purposes, unless--
(A) the mission and responsibilities of
such unit (or subdivision) materially change;
and
(B) a majority of the employees within such
unit (or subdivision) have as their primary
duty intelligence, counterintelligence, or
investigative work directly related to
terrorism investigation.
(2) Limitation relating to positions or
employees.--No position or employee within a unit (or
subdivision of a unit) as to which continued
recognition is given in accordance with paragraph (1)
shall be excluded from such unit (or subdivision), for
purposes of chapter 71 of such title 5, unless the
primary job duty of such position or employee--
(A) materially changes; and
(B) consists of intelligence,
counterintelligence, or investigative work
directly related to terrorism investigation.
In the case of any positions within a unit (or
subdivision) which are first established on or after
the effective date of this Act and any employees first
appointed on or after such date, the preceding sentence
shall be applied disregarding subparagraph (A).
(c) Waiver.--If the President determines that the
application of subsections (a), (b), and (d) would have a
substantial adverse impact on the ability of the Department to
protect homeland security, the President may waive the
application of such subsections 10 days after the President has
submitted to Congress a written explanation of the reasons for
such determination.
(d) Coordination Rule.--No other provision of this Act or
of any amendment made by this Act may be construed or applied
in a manner so as to limit, supersede, or otherwise affect the
provisions of this section, except to the extent that it does
so by specific reference to this section.
(e) Rule of Construction.--Nothing in section 9701(e) of
title 5, United States Code, shall be considered to apply with
respect to any agency or subdivision of any agency, which is
excluded from the coverage of chapter 71 of title 5, United
States Code, by virtue of an order issued in accordance with
section 7103(b) of such title and the preceding provisions of
this section (as applicable), or to any employees of any such
agency or subdivision or to any individual or entity
representing any such employees or any representatives thereof.
SEC. 843. [6 U.S.C. 413] USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES
IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
(a) In General.--Each subdivision of the Department that is
a National Drug Control Program Agency shall include as one of
the criteria in its performance appraisal system, for each
employee directly or indirectly involved in the enforcement of
Federal, State, or local narcotics laws, the performance of
that employee with respect to the enforcement of Federal,
State, or local narcotics laws, relying to the greatest extent
practicable on objective performance measures, including--
(1) the contribution of that employee to seizures
of narcotics and arrests of violators of Federal,
State, or local narcotics laws; and
(2) the degree to which that employee cooperated
with or contributed to the efforts of other employees,
either within the Department or other Federal, State,
or local agencies, in counternarcotics enforcement.
(b) Definitions.--For purposes of this section--
(1) the term ``National Drug Control Program
Agency'' means--
(A) a National Drug Control Program Agency,
as defined in section 702(7) of the Office of
National Drug Control Policy Reauthorization
Act of 1998 (as last in effect); and
(B) any subdivision of the Department that
has a significant counternarcotics
responsibility, as determined by--
(i) the counternarcotics officer,
appointed under section 878; or
(ii) if applicable, the
counternarcotics officer's successor in
function (as determined by the
Secretary); and
(2) the term ``performance appraisal system'' means
a system under which periodic appraisals of job
performance of employees are made, whether under
chapter 43 of title 5, United States Code, or
otherwise.
SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 180 days after the
date of enactment of this section, the Secretary shall
establish the Homeland Security Rotation Program (in
this section referred to as the ``Rotation Program'')
for employees of the Department. The Rotation Program
shall use applicable best practices, including those
from the Chief Human Capital Officers Council.
(2) Goals.--The Rotation Program established by the
Secretary shall--
(A) be established in accordance with the
Human Capital Strategic Plan of the Department;
(B) provide middle and senior level
employees in the Department the opportunity to
broaden their knowledge through exposure to
other components of the Department;
(C) expand the knowledge base of the
Department by providing for rotational
assignments of employees to other components;
(D) build professional relationships and
contacts among the employees in the Department;
(E) invigorate the workforce with exciting
and professionally rewarding opportunities;
(F) incorporate Department human capital
strategic plans and activities, and address
critical human capital deficiencies,
recruitment and retention efforts, and
succession planning within the Federal
workforce of the Department; and
(G) complement and incorporate (but not
replace) rotational programs within the
Department in effect on the date of enactment
of this section.
(3) Administration.--
(A) In general.--The Chief Human Capital
Officer shall administer the Rotation Program.
(B) Responsibilities.--The Chief Human
Capital Officer shall--
(i) provide oversight of the
establishment and implementation of the
Rotation Program;
(ii) establish a framework that
supports the goals of the Rotation
Program and promotes cross-disciplinary
rotational opportunities;
(iii) establish eligibility for
employees to participate in the
Rotation Program and select
participants from employees who apply;
(iv) establish incentives for
employees to participate in the
Rotation Program, including promotions
and employment preferences;
(v) ensure that the Rotation
Program provides professional education
and training;
(vi) ensure that the Rotation
Program develops qualified employees
and future leaders with broad-based
experience throughout the Department;
(vii) provide for greater
interaction among employees in
components of the Department; and
(viii) coordinate with rotational
programs within the Department in
effect on the date of enactment of this
section.
(4) Allowances, privileges, and benefits.--All
allowances, privileges, rights, seniority, and other
benefits of employees participating in the Rotation
Program shall be preserved.
(5) Reporting.--Not later than 180 days after the
date of the establishment of the Rotation Program, the
Secretary shall submit a report on the status of the
Rotation Program, including a description of the
Rotation Program, the number of employees
participating, and how the Rotation Program is used in
succession planning and leadership development to the
appropriate committees of Congress.
SEC. 845. HOMELAND SECURITY EDUCATION PROGRAM.
(a) Establishment.--The Secretary, acting through the
Administrator, shall establish a graduate-level Homeland
Security Education Program in the National Capital Region to
provide educational opportunities to senior Federal officials
and selected State and local officials with homeland security
and emergency management responsibilities. The Administrator
shall appoint an individual to administer the activities under
this section.
(b) Leveraging of Existing Resources.--To maximize
efficiency and effectiveness in carrying out the Program, the
Administrator shall use existing Department-reviewed Master's
Degree curricula in homeland security, including curricula
pending accreditation, together with associated learning
materials, quality assessment tools, digital libraries,
exercise systems and other educational facilities, including
the National Domestic Preparedness Consortium, the National
Fire Academy, and the Emergency Management Institute. The
Administrator may develop additional educational programs, as
appropriate.
(c) Student Enrollment.--
(1) Sources.--The student body of the Program shall
include officials from Federal, State, local, and
tribal governments, and from other sources designated
by the Administrator.
(2) Enrollment priorities and selection criteria.--
The Administrator shall establish policies governing
student enrollment priorities and selection criteria
that are consistent with the mission of the Program.
(3) Diversity.--The Administrator shall take
reasonable steps to ensure that the student body
represents racial, gender, and ethnic diversity.
(d) Service Commitment.--
(1) In general.--Before any employee selected for
the Program may be assigned to participate in the
program, the employee shall agree in writing--
(A) to continue in the service of the
agency sponsoring the employee during the 2-
year period beginning on the date on which the
employee completes the program, unless the
employee is involuntarily separated from the
service of that agency for reasons other than a
reduction in force; and
(B) to pay to the Government the amount of
the additional expenses incurred by the
Government in connection with the employee's
education if the employee is voluntarily
separated from the service to the agency before
the end of the period described in subparagraph
(A).
(2) Payment of expenses.--
(A) Exemption.--An employee who leaves the
service of the sponsoring agency to enter into
the service of another agency in any branch of
the Government shall not be required to make a
payment under paragraph (1)(B), unless the head
of the agency that sponsored the education of
the employee notifies that employee before the
date on which the employee enters the service
of the other agency that payment is required
under that paragraph.
(B) Amount of payment.--If an employee is
required to make a payment under paragraph
(1)(B), the agency that sponsored the education
of the employee shall determine the amount of
the payment, except that such amount may not
exceed the pro rata share of the expenses
incurred for the time remaining in the 2-year
period.
(3) Recovery of payment.--If an employee who is
required to make a payment under this subsection does
not make the payment, a sum equal to the amount of the
expenses incurred by the Government for the education
of that employee is recoverable by the Government from
the employee or his estate by--
(A) setoff against accrued pay,
compensation, amount of retirement credit, or
other amount due the employee from the
Government; or
(B) such other method as is provided by lay
for the recovery of amounts owing to the
Government.
Subtitle F--Federal Emergency Procurement Flexibility
SEC. 851. [6 U.S.C. 421] DEFINITION.
In this subtitle, the term ``executive agency'' has the
meaning given that term under section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
SEC. 852. [6 U.S.C. 422] PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY
FROM TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR
RADIOLOGICAL ATTACK.
The authorities provided in this subtitle apply to any
procurement of property or services by or for an executive
agency that, as determined by the head of the executive agency,
are to be used to facilitate defense against or recovery from
terrorism or nuclear, biological, chemical, or radiological
attack, but only if a solicitation of offers for the
procurement is issued during the 1-year period beginning on the
date of the enactment of this Act.
SEC. 853. [6 U.S.C. 423] INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR
PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR
PEACEKEEPING OPERATIONS OR CONTINGENCY OPERATIONS.
(a) Temporary Threshold Amounts.--For a procurement
referred to in section 852 that is carried out in support of a
humanitarian or peacekeeping operation or a contingency
operation, the simplified acquisition threshold definitions
shall be applied as if the amount determined under the
exception provided for such an operation in those definitions
were--
(1) in the case of a contract to be awarded and
performed, or purchase to be made, inside the United
States, $200,000; or
(2) in the case of a contract to be awarded and
performed, or purchase to be made, outside the United
States, $300,000.
(b) Simplified Acquisition Threshold Definitions.--In this
section, the term ``simplified acquisition threshold
definitions'' means the following:
(1) Section 4(11) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(11)).
(2) Section 309(d) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 259(d)).
(3) Section 2302(7) of title 10, United States
Code.
(c) Small Business Reserve.--For a procurement carried out
pursuant to subsection (a), section 15(j) of the Small Business
Act (15 U.S.C. 644(j)) shall be applied as if the maximum
anticipated value identified therein is equal to the amounts
referred to in subsection (a).
SEC. 854. [6 U.S.C. 424] INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN
PROCUREMENTS.
In the administration of section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428) with respect to
a procurement referred to in section 852, the amount specified
in subsections (c), (d), and (f) of such section 32 shall be
deemed to be $7,500.
SEC. 855. [6 U.S.C. 425] APPLICATION OF CERTAIN COMMERCIAL ITEMS
AUTHORITIES TO CERTAIN PROCUREMENTS.
(a) Authority.--
(1) In general.--The head of an executive agency
may apply the provisions of law listed in paragraph (2)
to a procurement referred to in section 852 without
regard to whether the property or services are
commercial items.
(2) Commercial item laws.--The provisions of law
referred to in paragraph (1) are as follows:
(A) Sections 31 and 34 of the Office of
Federal Procurement Policy Act (41 U.S.C. 427,
430).
(B) Section 2304(g) of title 10, United
States Code.
(C) Section 303(g) of the Federal Property
and Administrative Services Act of 1949 (41
U.S.C. 253(g)).
(b) Inapplicability of Limitation on Use of Simplified
Acquisition Procedures.--
(1) In general.--The $5,000,000 limitation provided
in section 31(a)(2) of the Office of Federal
Procurement Policy Act (41 U.S.C. 427(a)(2)), section
2304(g)(1)(B) of title 10, United States Code, and
section 303(g)(1)(B) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B)) shall not apply to purchases of property
or services to which any of the provisions of law
referred to in subsection (a) are applied under the
authority of this section.
(2) OMB guidance.--The Director of the Office of
Management and Budget shall issue guidance and
procedures for the use of simplified acquisition
procedures for a purchase of property or services in
excess of $5,000,000 under the authority of this
section.
(c) Continuation of Authority for Simplified Purchase
Procedures.--Authority under a provision of law referred to in
subsection (a)(2) that expires under section 4202(e) of the
Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-
106; 10 U.S.C. 2304 note) shall, notwithstanding such section,
continue to apply for use by the head of an executive agency as
provided in subsections (a) and (b).
SEC. 856. [6 U.S.C. 426] USE OF STREAMLINED PROCEDURES.
(a) Required Use.--The head of an executive agency shall,
when appropriate, use streamlined acquisition authorities and
procedures authorized by law for a procurement referred to in
section 852, including authorities and procedures that are
provided under the following provisions of law:
(1) Federal property and administrative services
act of 1949.--In title III of the Federal Property and
Administrative Services Act of 1949:
(A) Paragraphs (1), (2), (6), and (7) of
subsection (c) of section 303 (41 U.S.C. 253),
relating to use of procedures other than
competitive procedures under certain
circumstances (subject to subsection (e) of
such section).
(B) Section 303J (41 U.S.C. 253j), relating
to orders under task and delivery order
contracts.
(2) Title 10, united states code.--In chapter 137
of title 10, United States Code:
(A) Paragraphs (1), (2), (6), and (7) of
subsection (c) of section 2304, relating to use
of procedures other than competitive procedures
under certain circumstances (subject to
subsection (e) of such section).
(B) Section 2304c, relating to orders under
task and delivery order contracts.
(3) Office of federal procurement policy act.--
Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of
the Office of Federal Procurement Policy Act (41 U.S.C.
416(c)), relating to inapplicability of a requirement
for procurement notice.
(b) Waiver of Certain Small Business Threshold
Requirements.--Subclause (II) of section 8(a)(1)(D)(i) of the
Small Business Act (15 U.S.C. 637(a)(1)(D)(i)) and clause (ii)
of section 31(b)(2)(A) of such Act (15 U.S.C. 657a(b)(2)(A))
shall not apply in the use of streamlined acquisition
authorities and procedures referred to in paragraphs (1)(A) and
(2)(A) of subsection (a) for a procurement referred to in
section 852.
SEC. 857. [6 U.S.C. 427] REVIEW AND REPORT BY COMPTROLLER GENERAL.
(a) Requirements.--Not later than March 31, 2004, the
Comptroller General shall--
(1) complete a review of the extent to which
procurements of property and services have been made in
accordance with this subtitle; and
(2) submit a report on the results of the review to
the Committee on Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives.
(b) Content of Report.--The report under subsection (a)(2)
shall include the following matters:
(1) Assessment.--The Comptroller General's
assessment of--
(A) the extent to which property and
services procured in accordance with this title
have contributed to the capacity of the
workforce of Federal Government employees
within each executive agency to carry out the
mission of the executive agency; and
(B) the extent to which Federal Government
employees have been trained on the use of
technology.
(2) Recommendations.--Any recommendations of the
Comptroller General resulting from the assessment
described in paragraph (1).
(c) Consultation.--In preparing for the review under
subsection (a)(1), the Comptroller shall consult with the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of Representatives
on the specific issues and topics to be reviewed. The extent of
coverage needed in areas such as technology integration,
employee training, and human capital management, as well as the
data requirements of the study, shall be included as part of
the consultation.
SEC. 858. [6 U.S.C. 428] IDENTIFICATION OF NEW ENTRANTS INTO THE
FEDERAL MARKETPLACE.
The head of each executive agency shall conduct market
research on an ongoing basis to identify effectively the
capabilities, including the capabilities of small businesses
and new entrants into Federal contracting, that are available
in the marketplace for meeting the requirements of the
executive agency in furtherance of defense against or recovery
from terrorism or nuclear, biological, chemical, or
radiological attack. The head of the executive agency shall, to
the maximum extent practicable, take advantage of commercially
available market research methods, including use of commercial
databases, to carry out the research.
* * * * * * *
Subtitle G--Support Anti-terrorism by Fostering Effective Technologies
Act of 2002
SEC. 861. [6 U.S.C. 101 NOTE] SHORT TITLE.
This subtitle may be cited as the ``Support Anti-terrorism
by Fostering Effective Technologies Act of 2002'' or the
``SAFETY Act''.
SEC. 862. [6 U.S.C. 441] ADMINISTRATION.
(a) In General.--The Secretary shall be responsible for the
administration of this subtitle.
(b) Designation of Qualified Anti-Terrorism Technologies.--
The Secretary may designate anti-terrorism technologies that
qualify for protection under the system of risk management set
forth in this subtitle in accordance with criteria that shall
include, but not be limited to, the following:
(1) Prior United States Government use or
demonstrated substantial utility and effectiveness.
(2) Availability of the technology for immediate
deployment in public and private settings.
(3) Existence of extraordinarily large or
extraordinarily unquantifiable potential third party
liability risk exposure to the Seller or other provider
of such anti-terrorism technology.
(4) Substantial likelihood that such anti-terrorism
technology will not be deployed unless protections
under the system of risk management provided under this
subtitle are extended.
(5) Magnitude of risk exposure to the public if
such anti-terrorism technology is not deployed.
(6) Evaluation of all scientific studies that can
be feasibly conducted in order to assess the capability
of the technology to substantially reduce risks of
harm.
(7) Anti-terrorism technology that would be
effective in facilitating the defense against acts of
terrorism, including technologies that prevent, defeat
or respond to such acts.
(c) Regulations.--The Secretary may issue such regulations,
after notice and comment in accordance with section 553 of
title 5, United States Code, as may be necessary to carry out
this subtitle.
SEC. 863. [6 U.S.C. 442] LITIGATION MANAGEMENT.
(a) Federal Cause of Action.--
(1) In general.--There shall exist a Federal cause
of action for claims arising out of, relating to, or
resulting from an act of terrorism when qualified anti-
terrorism technologies have been deployed in defense
against or response or recovery from such act and such
claims result or may result in loss to the Seller. The
substantive law for decision in any such action shall
be derived from the law, including choice of law
principles, of the State in which such acts of
terrorism occurred, unless such law is inconsistent
with or preempted by Federal law. Such Federal cause of
action shall be brought only for claims for injuries
that are proximately caused by sellers that provide
qualified anti-terrorism technology to Federal and non-
Federal government customers.
(2) Jurisdiction.--Such appropriate district court
of the United States shall have original and exclusive
jurisdiction over all actions for any claim for loss of
property, personal injury, or death arising out of,
relating to, or resulting from an act of terrorism when
qualified anti-terrorism technologies have been
deployed in defense against or response or recovery
from such act and such claims result or may result in
loss to the Seller.
(b) Special Rules.--In an action brought under this section
for damages the following provisions apply:
(1) Punitive damages.--No punitive damages intended
to punish or deter, exemplary damages, or other damages
not intended to compensate a plaintiff for actual
losses may be awarded, nor shall any party be liable
for interest prior to the judgment.
(2) Noneconomic damages.--
(A) In general.--Noneconomic damages may be
awarded against a defendant only in an amount
directly proportional to the percentage of
responsibility of such defendant for the harm
to the plaintiff, and no plaintiff may recover
noneconomic damages unless the plaintiff
suffered physical harm.
(B) Definition.--For purposes of
subparagraph (A), the term ``noneconomic
damages'' means damages for losses for physical
and emotional pain, suffering, inconvenience,
physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss
of society and companionship, loss of
consortium, hedonic damages, injury to
reputation, and any other nonpecuniary losses.
(c) Collateral Sources.--Any recovery by a plaintiff in an
action under this section shall be reduced by the amount of
collateral source compensation, if any, that the plaintiff has
received or is entitled to receive as a result of such acts of
terrorism that result or may result in loss to the Seller.
(d) Government Contractor Defense.--
(1) In general.--Should a product liability or
other lawsuit be filed for claims arising out of,
relating to, or resulting from an act of terrorism when
qualified anti-terrorism technologies approved by the
Secretary, as provided in paragraphs (2) and (3) of
this subsection, have been deployed in defense against
or response or recovery from such act and such claims
result or may result in loss to the Seller, there shall
be a rebuttable presumption that the government
contractor defense applies in such lawsuit. This
presumption shall only be overcome by evidence showing
that the Seller acted fraudulently or with willful
misconduct in submitting information to the Secretary
during the course of the Secretary's consideration of
such technology under this subsection. This presumption
of the government contractor defense shall apply
regardless of whether the claim against the Seller
arises from a sale of the product to Federal Government
or non-Federal Government customers.
(2) Exclusive responsibility.--The Secretary will
be exclusively responsible for the review and approval
of anti-terrorism technology for purposes of
establishing a government contractor defense in any
product liability lawsuit for claims arising out of,
relating to, or resulting from an act of terrorism when
qualified anti-terrorism technologies approved by the
Secretary, as provided in this paragraph and paragraph
(3), have been deployed in defense against or response
or recovery from such act and such claims result or may
result in loss to the Seller. Upon the Seller's
submission to the Secretary for approval of anti-
terrorism technology, the Secretary will conduct a
comprehensive review of the design of such technology
and determine whether it will perform as intended,
conforms to the Seller's specifications, and is safe
for use as intended. The Seller will conduct safety and
hazard analyses on such technology and will supply the
Secretary with all such information.
(3) Certificate.--For anti-terrorism technology
reviewed and approved by the Secretary, the Secretary
will issue a certificate of conformance to the Seller
and place the anti-terrorism technology on an Approved
Product List for Homeland Security.
(e) Exclusion.--Nothing in this section shall in any way
limit the ability of any person to seek any form of recovery
from any person, government, or other entity that--
(1) attempts to commit, knowingly participates in,
aids and abets, or commits any act of terrorism, or any
criminal act related to or resulting from such act of
terrorism; or
(2) participates in a conspiracy to commit any such
act of terrorism or any such criminal act.
SEC. 864. [6 U.S.C. 443] RISK MANAGEMENT.
(a) In General.--
(1) Liability insurance required.--Any person or
entity that sells or otherwise provides a qualified
anti-terrorism technology to Federal and non-Federal
Government customers (``Seller'') shall obtain
liability insurance of such types and in such amounts
as shall be required in accordance with this section
and certified by the Secretary to satisfy otherwise
compensable third-party claims arising out of, relating
to, or resulting from an act of terrorism when
qualified anti-terrorism technologies have been
deployed in defense against or response or recovery
from such act.
(2) Maximum amount.--For the total claims related
to 1 such act of terrorism, the Seller is not required
to obtain liability insurance of more than the maximum
amount of liability insurance reasonably available from
private sources on the world market at prices and terms
that will not unreasonably distort the sales price of
Seller's anti-terrorism technologies.
(3) Scope of coverage.--Liability insurance
obtained pursuant to this subsection shall, in addition
to the Seller, protect the following, to the extent of
their potential liability for involvement in the
manufacture, qualification, sale, use, or operation of
qualified anti-terrorism technologies deployed in
defense against or response or recovery from an act of
terrorism:
(A) Contractors, subcontractors, suppliers,
vendors and customers of the Seller.
(B) Contractors, subcontractors, suppliers,
and vendors of the customer.
(4) Third party claims.--Such liability insurance
under this section shall provide coverage against third
party claims arising out of, relating to, or resulting
from the sale or use of anti-terrorism technologies.
(b) Reciprocal Waiver of Claims.--The Seller shall enter
into a reciprocal waiver of claims with its contractors,
subcontractors, suppliers, vendors and customers, and
contractors and subcontractors of the customers, involved in
the manufacture, sale, use or operation of qualified anti-
terrorism technologies, under which each party to the waiver
agrees to be responsible for losses, including business
interruption losses, that it sustains, or for losses sustained
by its own employees resulting from an activity resulting from
an act of terrorism when qualified anti-terrorism technologies
have been deployed in defense against or response or recovery
from such act.
(c) Extent of Liability.--Notwithstanding any other
provision of law, liability for all claims against a Seller
arising out of, relating to, or resulting from an act of
terrorism when qualified anti-terrorism technologies have been
deployed in defense against or response or recovery from such
act and such claims result or may result in loss to the Seller,
whether for compensatory or punitive damages or for
contribution or indemnity, shall not be in an amount greater
than the limits of liability insurance coverage required to be
maintained by the Seller under this section.
SEC. 865. [6 U.S.C. 444] DEFINITIONS.
For purposes of this subtitle, the following definitions
apply:
(1) Qualified anti-terrorism technology.--For
purposes of this subtitle, the term ``qualified anti-
terrorism technology'' means any product, equipment,
service (including support services), device, or
technology (including information technology) designed,
developed, modified, or procured for the specific
purpose of preventing, detecting, identifying, or
deterring acts of terrorism or limiting the harm such
acts might otherwise cause, that is designated as such
by the Secretary.
(2) Act of terrorism.--(A) The term ``act of
terrorism'' means any act that the Secretary determines
meets the requirements under subparagraph (B), as such
requirements are further defined and specified by the
Secretary.
(B) Requirements.--An act meets the requirements of
this subparagraph if the act--
(i) is unlawful;
(ii) causes harm to a person, property, or
entity, in the United States, or in the case of
a domestic United States air carrier or a
United States-flag vessel (or a vessel based
principally in the United States on which
United States income tax is paid and whose
insurance coverage is subject to regulation in
the United States), in or outside the United
States; and
(iii) uses or attempts to use
instrumentalities, weapons or other methods
designed or intended to cause mass destruction,
injury or other loss to citizens or
institutions of the United States.
(3) Insurance carrier.--The term ``insurance
carrier'' means any corporation, association, society,
order, firm, company, mutual, partnership, individual
aggregation of individuals, or any other legal entity
that provides commercial property and casualty
insurance. Such term includes any affiliates of a
commercial insurance carrier.
(4) Liability insurance.--
(A) In general.--The term ``liability
insurance'' means insurance for legal
liabilities incurred by the insured resulting
from--
(i) loss of or damage to property
of others;
(ii) ensuing loss of income or
extra expense incurred because of loss
of or damage to property of others;
(iii) bodily injury (including) to
persons other than the insured or its
employees; or
(iv) loss resulting from debt or
default of another.
(5) Loss.--The term ``loss'' means death, bodily
injury, or loss of or damage to property, including
business interruption loss.
(6) Non-federal government customers.--The term
``non-Federal Government customers'' means any customer
of a Seller that is not an agency or instrumentality of
the United States Government with authority under
Public Law 85-804 to provide for indemnification under
certain circumstances for third-party claims against
its contractors, including but not limited to State and
local authorities and commercial entities.
Subtitle H--Miscellaneous Provisions
SEC. 871. [6 U.S.C. 451] ADVISORY COMMITTEES.
(a) In General.--The Secretary may establish, appoint
members of, and use the services of, advisory committees, as
the Secretary may deem necessary. An advisory committee
established under this section may be exempted by the Secretary
from Public Law 92-463, but the Secretary shall publish notice
in the Federal Register announcing the establishment of such a
committee and identifying its purpose and membership.
Notwithstanding the preceding sentence, members of an advisory
committee that is exempted by the Secretary under the preceding
sentence who are special Government employees (as that term is
defined in section 202 of title 18, United States Code) shall
be eligible for certifications under subsection (b)(3) of
section 208 of title 18, United States Code, for official
actions taken as a member of such advisory committee.
(b) Termination.--Any advisory committee established by the
Secretary shall terminate 2 years after the date of its
establishment, unless the Secretary makes a written
determination to extend the advisory committee to a specified
date, which shall not be more than 2 years after the date on
which such determination is made. The Secretary may make any
number of subsequent extensions consistent with this
subsection.
SEC. 872. [6 U.S.C. 452] REORGANIZATION.
(a) Reorganization.--The Secretary may allocate or
reallocate functions among the officers of the Department, and
may establish, consolidate, alter, or discontinue
organizational units within the Department, but only--
(1) pursuant to section 1502(b); or
(2) after the expiration of 60 days after providing
notice of such action to the appropriate congressional
committees, which shall include an explanation of the
rationale for the action.
(b) Limitations.--
(1) In general.--Authority under subsection (a)(1)
does not extend to the abolition of any agency, entity,
organizational unit, program, or function established
or required to be maintained by this Act.
(2) Abolitions.--Authority under subsection (a)(2)
does not extend to the abolition of any agency, entity,
organizational unit, program, or function established
or required to be maintained by statute.
SEC. 873. [6 U.S.C. 453] USE OF APPROPRIATED FUNDS.
(a) Disposal of Property.--
(1) Strict compliance.--If specifically authorized
to dispose of real property in this or any other Act,
the Secretary shall exercise this authority in strict
compliance with section 204 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485).
(2) Deposit of proceeds.--The Secretary shall
deposit the proceeds of any exercise of property
disposal authority into the miscellaneous receipts of
the Treasury in accordance with section 3302(b) of
title 31, United States Code.
(b) Gifts.--Except as authorized by section 2601 of title
10, United States Code, and by section 93 of title 14, United
States Code, gifts \1\ or donations of services or property of
or for the Department may not be accepted, used, or disposed of
unless specifically permitted in advance in an appropriations
Act and only under the conditions and for the purposes
specified in such appropriations Act.
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\1\ Section 103(3) of Public Law 108-7 (117 Stat. 529) amends
subsection (b) by inserting ``Except as authorized by section 2601 of
title 10, United States Code, and by section 93 of title 14, United
States Code,'' before the word ``Gifts'' in the second place it appears
and by striking the letter ``G'' and inserting in lieu thereof ``g'' in
the word ``Gifts'' in the second place it appears. The word ``Gifts''
appears once in the text, however, the amendments have been executed to
reflect the probable intent of Congress.
---------------------------------------------------------------------------
(c) Budget Request.--Under section 1105 of title 31, United
States Code, the President shall submit to Congress a detailed
budget request for the Department for fiscal year 2004, and for
each subsequent fiscal year.
SEC. 874. [6 U.S.C. 454] FUTURE YEAR HOMELAND SECURITY PROGRAM.
(a) In General.--Each budget request submitted to Congress
for the Department under section 1105 of title 31, United
States Code, shall, at or about the same time, be accompanied
by a Future Years Homeland Security Program.
(b) Contents.--The Future Years Homeland Security Program
under subsection (a) shall--
(1) include the same type of information,
organizational structure, and level of detail as the
future years defense program submitted to Congress by
the Secretary of Defense under section 221 of title 10,
United States Code;
(2) set forth the homeland security strategy of the
Department, which shall be developed and updated as
appropriate annually by the Secretary, that was used to
develop program planning guidance for the Future Years
Homeland Security Program; and
(3) include an explanation of how the resource
allocations included in the Future Years Homeland
Security Program correlate to the homeland security
strategy set forth under paragraph (2).
(c) Effective Date.--This section shall take effect with
respect to the preparation and submission of the fiscal year
2005 budget request for the Department and for any subsequent
fiscal year, except that the first Future Years Homeland
Security Program shall be submitted not later than 90 days
after the Department's fiscal year 2005 budget request is
submitted to Congress.
SEC. 875. [6 U.S.C. 455] MISCELLANEOUS AUTHORITIES.
(a) Seal.--The Department shall have a seal, whose design
is subject to the approval of the President.
(b) Participation of Members of the Armed Forces.--With
respect to the Department, the Secretary shall have the same
authorities that the Secretary of Transportation has with
respect to the Department of Transportation under section 324
of title 49, United States Code.
(c) Redelegation of Functions.--Unless otherwise provided
in the delegation or by law, any function delegated under this
Act may be redelegated to any subordinate.
SEC. 876. [6 U.S.C. 456] MILITARY ACTIVITIES.
Nothing in this Act shall confer upon the Secretary any
authority to engage in warfighting, the military defense of the
United States, or other military activities, nor shall anything
in this Act limit the existing authority of the Department of
Defense or the Armed Forces to engage in warfighting, the
military defense of the United States, or other military
activities.
SEC. 877. [6 U.S.C. 457] REGULATORY AUTHORITY AND PREEMPTION.
(a) Regulatory Authority.--Except as otherwise provided in
sections 306(c), 862(c), and 1706(b), this Act vests no new
regulatory authority in the Secretary or any other Federal
official, and transfers to the Secretary or another Federal
official only such regulatory authority as exists on the date
of enactment of this Act within any agency, program, or
function transferred to the Department pursuant to this Act, or
that on such date of enactment is exercised by another official
of the executive branch with respect to such agency, program,
or function. Any such transferred authority may not be
exercised by an official from whom it is transferred upon
transfer of such agency, program, or function to the Secretary
or another Federal official pursuant to this Act. This Act may
not be construed as altering or diminishing the regulatory
authority of any other executive agency, except to the extent
that this Act transfers such authority from the agency.
(b) Preemption of State or Local Law.--Except as otherwise
provided in this Act, this Act preempts no State or local law,
except that any authority to preempt State or local law vested
in any Federal agency or official transferred to the Department
pursuant to this Act shall be transferred to the Department
effective on the date of the transfer to the Department of that
Federal agency or official.
SEC. 878. [6 U.S.C. 458] OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
(a) Office.--There is established in the Department an
Office of Counternarcotics Enforcement, which shall be headed
by a Director appointed by the President, by and with the
advice and consent of the Senate.
(b) Assignment of Personnel.--
(1) In general.--The Secretary shall assign
permanent staff to the Office, consistent with
effective management of Department resources.
(2) Liaisons.--The Secretary shall designate senior
employees from each appropriate subdivision of the
Department that has significant counternarcotics
responsibilities to act as a liaison between that
subdivision and the Office of Counternarcotics
Enforcement.
(c) Limitation on Concurrent Employment.--The Director of
the Office of Counternarcotics Enforcement shall not be
employed by, assigned to, or serve as the head of, any other
branch of the Federal Government, any State or local
government, or any subdivision of the Department other than the

Office of Counternarcotics Enforcement.
(d) Responsibilities.--The Secretary shall direct the
Director of the Office of Counternarcotics Enforcement--
(1) to coordinate policy and operations within the
Department, between the Department and other Federal
departments and agencies, and between the Department
and State and local agencies with respect to stopping
the entry of illegal drugs into the United States;
(2) to ensure the adequacy of resources within the
Department for stopping the entry of illegal drugs into
the United States;
(3) to recommend the appropriate financial and
personnel resources necessary to help the Department
better fulfill its responsibility to stop the entry of
illegal drugs into the United States;
(4) within the Joint Terrorism Task Force construct
to track and sever connections between illegal drug
trafficking and terrorism; and
(5) to be a representative of the Department on all
task forces, committees, or other entities whose
purpose is to coordinate the counternarcotics
enforcement activities of the Department and other
Federal, State or local agencies.
(e) Savings Clause.--Nothing in this section shall be
construed to authorize direct control of the operations
conducted by the Directorate of Border and Transportation
Security, the Coast Guard, or joint terrorism task forces.
(f) Reports to Congress.--
(1) Annual budget review.--The Director of the
Office of Counternarcotics Enforcement shall, not later
than 30 days after the submission by the President to
Congress of any request for expenditures for the
Department, submit to the Committees on Appropriations
and the authorizing committees of jurisdiction of the
House of Representatives and the Senate a review and
evaluation of such request. The review and evaluation
shall--
(A) identify any request or subpart of any
request that affects or may affect the
counternarcotics activities of the Department
or any of its subdivisions, or that affects the
ability of the Department or any subdivision of
the Department to meet its responsibility to
stop the entry of illegal drugs into the United
States;
(B) describe with particularity how such
requested funds would be or could be expended
in furtherance of counternarcotics activities;
and
(C) compare such requests with requests for
expenditures and amounts appropriated by
Congress in the previous fiscal year.
(2) Evaluation of counternarcotics activities.--The
Director of the Office of Counternarcotics Enforcement
shall, not later than February 1 of each year, submit
to the Committees on Appropriations and the authorizing
committees of jurisdiction of the House of
Representatives and the Senate a review and evaluation
of the counternarcotics activities of the Department
for the previous fiscal year. The review and evaluation
shall--
(A) describe the counternarcotics
activities of the Department and each
subdivision of the Department (whether
individually or in cooperation with other
subdivisions of the Department, or in
cooperation with other branches of the Federal
Government or with State or local agencies),
including the methods, procedures, and systems
(including computer systems) for collecting,
analyzing, sharing, and disseminating
information concerning narcotics activity
within the Department and between the
Department and other Federal, State, and local
agencies;
(B) describe the results of those
activities, using quantifiable data whenever
possible;
(C) state whether those activities were
sufficient to meet the responsibility of the
Department to stop the entry of illegal drugs
into the United States, including a description
of the performance measures of effectiveness
that were used in making that determination;
and
(D) recommend, where appropriate, changes
to those activities to improve the performance
of the Department in meeting its responsibility
to stop the entry of illegal drugs into the
United States.
(3) Classified or law enforcement sensitive
information.--Any content of a review and evaluation
described in the reports required in this subsection
that involves information classified under criteria
established by an Executive order, or whose public
disclosure, as determined by the Secretary, would be
detrimental to the law enforcement or national security
activities of the Department or any other Federal,
State, or local agency, shall be presented to Congress
separately from the rest of the review and evaluation.
SEC. 879. [6 U.S.C. 459] OFFICE OF INTERNATIONAL AFFAIRS.
(a) Establishment.--There is established within the Office
of the Secretary an Office of International Affairs. The Office
shall be headed by a Director, who shall be a senior official
appointed by the Secretary.
(b) Duties of the Director.--The Director shall have the
following duties:
(1) To promote information and education exchange
with nations friendly to the United States in order to
promote sharing of best practices and technologies
relating to homeland security. Such exchange shall
include the following:
(A) Exchange of information on research and
development on homeland security technologies.
(B) Joint training exercises of first
responders.
(C) Exchange of expertise on terrorism
prevention, response, and crisis management.
(2) To identify areas for homeland security
information and training exchange where the United
States has a demonstrated weakness and another friendly
nation or nations have a demonstrated expertise.
(3) To plan and undertake international
conferences, exchange programs, and training
activities.
(4) To manage international activities within the
Department in coordination with other Federal officials
with responsibility for counter-terrorism matters.
SEC. 880. [6 U.S.C. 460] PROHIBITION OF THE TERRORISM INFORMATION AND
PREVENTION SYSTEM.
Any and all activities of the Federal Government to
implement the proposed component program of the Citizen Corps
known as Operation TIPS (Terrorism Information and Prevention
System) are hereby prohibited.
SEC. 881. [6 U.S.C. 461] REVIEW OF PAY AND BENEFIT PLANS.
Notwithstanding any other provision of this Act, the
Secretary shall, in consultation with the Director of the
Office of Personnel Management, review the pay and benefit
plans of each agency whose functions are transferred under this
Act to the Department and, within 90 days after the date of
enactment, submit a plan to the President of the Senate and the
Speaker of the House of Representatives and the appropriate
committees and subcommittees of Congress, for ensuring, to the
maximum extent practicable, the elimination of disparities in
pay and benefits throughout the Department, especially among
law enforcement personnel, that are inconsistent with merit
system principles set forth in section 2301 of title 5, United
States Code.
SEC. 882. [6 U.S.C. 462] OFFICE FOR NATIONAL CAPITAL REGION
COORDINATION.
(a) Establishment.--
(1) In general.--There is established within the
Office of the Secretary the Office of National Capital
Region Coordination, to oversee and coordinate Federal
programs for and relationships with State, local, and
regional authorities in the National Capital Region, as
defined under section 2674(f)(2) of title 10, United
States Code.
(2) Director.--The Office established under
paragraph (1) shall be headed by a Director, who shall
be appointed by the Secretary.
(3) Cooperation.--The Secretary shall cooperate
with the Mayor of the District of Columbia, the
Governors of Maryland and Virginia, and other State,
local, and regional officers in the National Capital
Region to integrate the District of Columbia, Maryland,
and Virginia into the planning, coordination, and
execution of the activities of the Federal Government
for the enhancement of domestic preparedness against
the consequences of terrorist attacks.
(b) Responsibilities.--The Office established under
subsection (a)(1) shall--
(1) coordinate the activities of the Department
relating to the National Capital Region, including
cooperation with the Office for State and Local
Government Coordination;
(2) assess, and advocate for, the resources needed
by State, local, and regional authorities in the
National Capital Region to implement efforts to secure
the homeland;
(3) provide State, local, and regional authorities
in the National Capital Region with regular
information, research, and technical support to assist
the efforts of State, local, and regional authorities
in the National Capital Region in securing the
homeland;
(4) develop a process for receiving meaningful
input from State, local, and regional authorities and
the private sector in the National Capital Region to
assist in the development of the homeland security
plans and activities of the Federal Government;
(5) coordinate with Federal agencies in the
National Capital Region on terrorism preparedness, to
ensure adequate planning, information sharing,
training, and execution of the Federal role in domestic
preparedness activities;
(6) coordinate with Federal, State, local, and
regional agencies, and the private sector in the
National Capital Region on terrorism preparedness to
ensure adequate planning, information sharing,
training, and execution of domestic preparedness
activities among these agencies and entities; and
(7) serve as a liaison between the Federal
Government and State, local, and regional authorities,
and private sector entities in the National Capital
Region to facilitate access to Federal grants and other
programs.
(c) Annual Report.--The Office established under subsection
(a) shall submit an annual report to Congress that includes--
(1) the identification of the resources required to
fully implement homeland security efforts in the
National Capital Region;
(2) an assessment of the progress made by the
National Capital Region in implementing homeland
security efforts; and
(3) recommendations to Congress regarding the
additional resources needed to fully implement homeland
security efforts in the National Capital Region.
(d) Limitation.--Nothing contained in this section shall be
construed as limiting the power of State and local governments.
SEC. 883. [6 U.S.C. 463] REQUIREMENT TO COMPLY WITH LAWS PROTECTING
EQUAL EMPLOYMENT OPPORTUNITY AND PROVIDING
WHISTLEBLOWER PROTECTIONS.
Nothing in this Act shall be construed as exempting the
Department from requirements applicable with respect to
executive agencies--
(1) to provide equal employment protection for
employees of the Department (including pursuant to the
provisions in section 2302(b)(1) of title 5, United
States Code, and the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (Public
Law 107-174)); or
(2) to provide whistleblower protections for
employees of the Department (including pursuant to the
provisions in section 2302(b)(8) and (9) of such title
and the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002).
SEC. 884. [6 U.S.C. 464] FEDERAL LAW ENFORCEMENT TRAINING CENTER.
(a) In General.--The transfer of an authority or an agency
under this Act to the Department of Homeland Security does not
affect training agreements already entered into with the
Federal Law Enforcement Training Center with respect to the
training of personnel to carry out that authority or the duties
of that transferred agency.
(b) Continuity of Operations.--All activities of the
Federal Law Enforcement Training Center transferred to the
Department of Homeland Security under this Act shall continue
to be carried out at the locations such activities were carried
out before such transfer.
SEC. 885. [6 U.S.C. 465] JOINT INTERAGENCY TASK FORCE.
(a) Establishment.--The Secretary may establish and operate
a permanent Joint Interagency Homeland Security Task Force
composed of representatives from military and civilian agencies
of the United States Government for the purposes of
anticipating terrorist threats against the United States and
taking appropriate actions to prevent harm to the United
States.
(b) Structure.--It is the sense of Congress that the
Secretary should model the Joint Interagency Homeland Security
Task Force on the approach taken by the Joint Interagency Task
Forces for drug interdiction at Key West, Florida and Alameda,
California, to the maximum extent feasible and appropriate.
SEC. 886. [6 U.S.C. 466] SENSE OF CONGRESS REAFFIRMING THE CONTINUED
IMPORTANCE AND APPLICABILITY OF THE POSSE COMITATUS
ACT.
(a) Findings.--Congress finds the following:
(1) Section 1385 of title 18, United States Code
(commonly known as the ``Posse Comitatus Act''),
prohibits the use of the Armed Forces as a posse
comitatus to execute the laws except in cases and under
circumstances expressly authorized by the Constitution
or Act of Congress.
(2) Enacted in 1878, the Posse Comitatus Act was
expressly intended to prevent United States Marshals,
on their own initiative, from calling on the Army for
assistance in enforcing Federal law.
(3) The Posse Comitatus Act has served the Nation
well in limiting the use of the Armed Forces to enforce
the law.
(4) Nevertheless, by its express terms, the Posse
Comitatus Act is not a complete barrier to the use of
the Armed Forces for a range of domestic purposes,
including law enforcement functions, when the use of
the Armed Forces is authorized by Act of Congress or
the President determines that the use of the Armed
Forces is required to fulfill the President's
obligations under the Constitution to respond promptly
in time of war, insurrection, or other serious
emergency.
(5) Existing laws, including chapter 15 of title
10, United States Code (commonly known as the
``Insurrection Act''), and the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), grant the President broad powers that
may be invoked in the event of domestic emergencies,
including an attack against the Nation using weapons of
mass destruction, and these laws specifically authorize
the President to use the Armed Forces to help restore
public order.
(b) Sense of Congress.--Congress reaffirms the continued
importance of section 1385 of title 18, United States Code, and
it is the sense of Congress that nothing in this Act should be
construed to alter the applicability of such section to any use
of the Armed Forces as a posse comitatus to execute the laws.
SEC. 887. [6 U.S.C. 467] COORDINATION WITH THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE ACT.
(a) In General.--The annual Federal response plan developed
by the Department shall be consistent with section 319 of the
Public Health Service Act (42 U.S.C. 247d).
(b) Disclosures Among Relevant Agencies.--
(1) In general.--Full disclosure among relevant
agencies shall be made in accordance with this
subsection.
(2) Public health emergency.--During the period in
which the Secretary of Health and Human Services has
declared the existence of a public health emergency
under section 319(a) of the Public Health Service Act
(42 U.S.C. 247d(a)), the Secretary of Health and Human
Services shall keep relevant agencies, including the
Department of Homeland Security, the Department of
Justice, and the Federal Bureau of Investigation, fully
and currently informed.
(3) Potential public health emergency.--In cases
involving, or potentially involving, a public health
emergency, but in which no determination of an
emergency by the Secretary of Health and Human Services
under section 319(a) of the Public Health Service Act
(42 U.S.C. 247d(a)), has been made, all relevant
agencies, including the Department of Homeland
Security, the Department of Justice, and the Federal
Bureau of Investigation, shall keep the Secretary of
Health and Human Services and the Director of the
Centers for Disease Control and Prevention fully and
currently informed.
SEC. 888. [6 U.S.C. 468] PRESERVING COAST GUARD MISSION PERFORMANCE.
(a) Definitions.--In this section:
(1) Non-homeland security missions.--The term
``non-homeland security missions'' means the following
missions of the Coast Guard:
(A) Marine safety.
(B) Search and rescue.
(C) Aids to navigation.
(D) Living marine resources (fisheries law
enforcement).
(E) Marine environmental protection.
(F) Ice operations.
(2) Homeland security missions.--The term
``homeland security missions'' means the following
missions of the Coast Guard:
(A) Ports, waterways and coastal security.
(B) Drug interdiction.
(C) Migrant interdiction.
(D) Defense readiness.
(E) Other law enforcement.
(b) Transfer.--There are transferred to the Department the
authorities, functions, personnel, and assets of the Coast
Guard, which shall be maintained as a distinct entity within
the Department, including the authorities and functions of the
Secretary of Transportation relating thereto.
(c) Maintenance of Status of Functions and Assets.--
Notwithstanding any other provision of this Act, the
authorities, functions, and capabilities of the Coast Guard to
perform its missions shall be maintained intact and without
significant reduction after the transfer of the Coast Guard to
the Department, except as specified in subsequent Acts.
(d) Certain Transfers Prohibited.--No mission, function, or
asset (including for purposes of this subsection any ship,
aircraft, or helicopter) of the Coast Guard may be diverted to
the principal and continuing use of any other organization,
unit, or entity of the Department, except for details or
assignments that do not reduce the Coast Guard's capability to
perform its missions.
(e) Changes to Missions.--
(1) Prohibition.--The Secretary may not
substantially or significantly reduce the missions of
the Coast Guard or the Coast Guard's capability to
perform those missions, except as specified in
subsequent Acts.
(2) Waiver.--The Secretary may waive the
restrictions under paragraph (1) for a period of not to
exceed 90 days upon a declaration and certification by
the Secretary to Congress that a clear, compelling, and
immediate need exists for such a waiver. A
certification under this paragraph shall include a
detailed justification for the declaration and
certification, including the reasons and specific
information that demonstrate that the Nation and the
Coast Guard cannot respond effectively if the
restrictions under paragraph (1) are not waived.
(f) Annual Review.--
(1) In general.--The Inspector General of the
Department shall conduct an annual review that shall
assess thoroughly the performance by the Coast Guard of
all missions of the Coast Guard (including non-homeland
security missions and homeland security missions) with
a particular emphasis on examining the non-homeland
security missions.
(2) Report.--The report under this paragraph shall
be submitted to--
(A) the Committee on Governmental Affairs
of the Senate;
(B) the Committee on Government Reform of
the House of Representatives;
(C) the Committees on Appropriations of the
Senate and the House of Representatives;
(D) the Committee on Commerce, Science, and
Transportation of the Senate; and
(E) the Committee on Transportation and
Infrastructure of the House of Representatives.
(g) Direct Reporting to Secretary.--Upon the transfer of
the Coast Guard to the Department, the Commandant shall report
directly to the Secretary without being required to report
through any other official of the Department.
(h) Operation as a Service in the Navy.--None of the
conditions and restrictions in this section shall apply when
the Coast Guard operates as a service in the Navy under section
3 of title 14, United States Code.
(i) Report on Accelerating the Integrated Deepwater
System.--Not later than 90 days after the date of enactment of
this Act, the Secretary, in consultation with the Commandant of
the Coast Guard, shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committees on Appropriations of the
Senate and the House of Representatives that--
(1) analyzes the feasibility of accelerating the
rate of procurement in the Coast Guard's Integrated
Deepwater System from 20 years to 10 years;
(2) includes an estimate of additional resources
required;
(3) describes the resulting increased capabilities;
(4) outlines any increases in the Coast Guard's
homeland security readiness;
(5) describes any increases in operational
efficiencies; and
(6) provides a revised asset phase-in time line.
* * * * * * *
SEC. 889. HOMELAND SECURITY FUNDING ANALYSIS IN PRESIDENT'S BUDGET.
(a) * * *
* * * * * * *
(c) [31 U.S.C. 1105 note] Effective Date.--This section and
the amendment made by this section shall apply beginning with
respect to the fiscal year 2005 budget submission.
* * * * * * *
Subtitle I--Information Sharing
SEC. 891. [6 U.S.C. 481] SHORT TITLE; FINDINGS; AND SENSE OF CONGRESS.
(a) Short Title.--This subtitle may be cited as the
``Homeland Security Information Sharing Act''.
(b) Findings.--Congress finds the following:
(1) The Federal Government is required by the
Constitution to provide for the common defense, which
includes terrorist attack.
(2) The Federal Government relies on State and
local personnel to protect against terrorist attack.
(3) The Federal Government collects, creates,
manages, and protects classified and sensitive but
unclassified information to enhance homeland security.
(4) Some homeland security information is needed by
the State and local personnel to prevent and prepare
for terrorist attack.
(5) The needs of State and local personnel to have
access to relevant homeland security information to
combat terrorism must be reconciled with the need to
preserve the protected status of such information and
to protect the sources and methods used to acquire such
information.
(6) Granting security clearances to certain State
and local personnel is one way to facilitate the
sharing of information regarding specific terrorist
threats among Federal, State, and local levels of
government.
(7) Methods exist to declassify, redact, or
otherwise adapt classified information so it may be
shared with State and local personnel without the need
for granting additional security clearances.
(8) State and local personnel have capabilities and
opportunities to gather information on suspicious
activities and terrorist threats not possessed by
Federal agencies.
(9) The Federal Government and State and local
governments and agencies in other jurisdictions may
benefit from such information.
(10) Federal, State, and local governments and
intelligence, law enforcement, and other emergency
preparation and response agencies must act in
partnership to maximize the benefits of information
gathering and analysis to prevent and respond to
terrorist attacks.
(11) Information systems, including the National
Law Enforcement Telecommunications System and the
Terrorist Threat Warning System, have been established
for rapid sharing of classified and sensitive but
unclassified information among Federal, State, and
local entities.
(12) Increased efforts to share homeland security
information should avoid duplicating existing
information systems.
(c) Sense of Congress.--It is the sense of Congress that
Federal, State, and local entities should share homeland
security information to the maximum extent practicable, with
special emphasis on hard-to-reach urban and rural communities.
SEC. 892. [6 U.S.C. 482] FACILITATING HOMELAND SECURITY INFORMATION
SHARING PROCEDURES.
(a) Procedures for Determining Extent of Sharing of
Homeland Security Information.--
(1) The President shall prescribe and implement
procedures under which relevant Federal agencies--
(A) share relevant and appropriate homeland
security information with other Federal
agencies, including the Department, and
appropriate State and local personnel;
(B) identify and safeguard homeland
security information that is sensitive but
unclassified; and
(C) to the extent such information is in
classified form, determine whether, how, and to
what extent to remove classified information,
as appropriate, and with which such personnel
it may be shared after such information is
removed.
(2) The President shall ensure that such procedures
apply to all agencies of the Federal Government.
(3) Such procedures shall not change the
substantive requirements for the classification and
safeguarding of classified information.
(4) Such procedures shall not change the
requirements and authorities to protect sources and
methods.
(b) Procedures for Sharing of Homeland Security
Information.--
(1) Under procedures prescribed by the President,
all appropriate agencies, including the intelligence
community, shall, through information sharing systems,
share homeland security information with Federal
agencies and appropriate State and local personnel to
the extent such information may be shared, as
determined in accordance with subsection (a), together
with assessments of the credibility of such
information.
(2) Each information sharing system through which
information is shared under paragraph (1) shall--
(A) have the capability to transmit
unclassified or classified information, though
the procedures and recipients for each
capability may differ;
(B) have the capability to restrict
delivery of information to specified subgroups
by geographic location, type of organization,
position of a recipient within an organization,
or a recipient's need to know such information;
(C) be configured to allow the efficient
and effective sharing of information; and
(D) be accessible to appropriate State and
local personnel.
(3) The procedures prescribed under paragraph (1)
shall establish conditions on the use of information
shared under paragraph (1)--
(A) to limit the redissemination of such
information to ensure that such information is
not used for an unauthorized purpose;
(B) to ensure the security and
confidentiality of such information;
(C) to protect the constitutional and
statutory rights of any individuals who are
subjects of such information; and
(D) to provide data integrity through the
timely removal and destruction of obsolete or
erroneous names and information.
(4) The procedures prescribed under paragraph (1)
shall ensure, to the greatest extent practicable, that
the information sharing system through which
information is shared under such paragraph include
existing information sharing systems, including, but
not limited to, the National Law Enforcement
Telecommunications System, the Regional Information
Sharing System, and the Terrorist Threat Warning System
of the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined
by the President, shall have access to each information
sharing system through which information is shared
under paragraph (1), and shall therefore have access to
all information, as appropriate, shared under such
paragraph.
(6) The procedures prescribed under paragraph (1)
shall ensure that appropriate State and local personnel
are authorized to use such information sharing
systems--
(A) to access information shared with such
personnel; and
(B) to share, with others who have access
to such information sharing systems, the
homeland security information of their own
jurisdictions, which shall be marked
appropriately as pertaining to potential
terrorist activity.
(7) Under procedures prescribed jointly by the
Director of Central Intelligence and the Attorney
General, each appropriate Federal agency, as determined
by the President, shall review and assess the
information shared under paragraph (6) and integrate
such information with existing intelligence.
(c) Sharing of Classified Information and Sensitive but
Unclassified Information With State and Local Personnel.--
(1) The President shall prescribe procedures under
which Federal agencies may, to the extent the President
considers necessary, share with appropriate State and
local personnel homeland security information that
remains classified or otherwise protected after the
determinations prescribed under the procedures set
forth in subsection (a).
(2) It is the sense of Congress that such
procedures may include 1 or more of the following
means:
(A) Carrying out security clearance
investigations with respect to appropriate
State and local personnel.
(B) With respect to information that is
sensitive but unclassified, entering into
nondisclosure agreements with appropriate State
and local personnel.
(C) Increased use of information-sharing
partnerships that include appropriate State and
local personnel, such as the Joint Terrorism
Task Forces of the Federal Bureau of
Investigation, the Anti-Terrorism Task Forces
of the Department of Justice, and regional
Terrorism Early Warning Groups.
(3)(A) The Secretary shall establish a program to
provide appropriate training to officials described in
subparagraph (B) in order to assist such officials in--
(i) identifying sources of potential
terrorist threats through such methods as the
Secretary determines appropriate;
(ii) reporting information relating to such
potential terrorist threats to the appropriate
Federal agencies in the appropriate form and
manner;
(iii) assuring that all reported
information is systematically submitted to and
passed on by the Department for use by
appropriate Federal agencies; and
(iv) understanding the mission and roles of
the intelligence community to promote more
effective information sharing among Federal,
State, and local officials and representatives
of the private sector to prevent terrorist
attacks against the United States.
(B) The officials referred to in subparagraph (A)
are officials of State and local government agencies
and representatives of private sector entities with
responsibilities relating to the oversight and
management of first responders, counterterrorism
activities, or critical infrastructure.
(C) The Secretary shall consult with the Attorney
General to ensure that the training program established
in subparagraph (A) does not duplicate the training
program established in section 908 of the USA PATRIOT
Act (Public Law 107-56; 28 U.S.C. 509 note).
(D) The Secretary shall carry out this paragraph in
consultation with the Director of Central Intelligence
and the Attorney General.
(d) Responsible Officials.--For each affected Federal
agency, the head of such agency shall designate an official to
administer this Act with respect to such agency.
(e) Federal Control of Information.--Under procedures
prescribed under this section, information obtained by a State
or local government from a Federal agency under this section
shall remain under the control of the Federal agency, and a
State or local law authorizing or requiring such a government
to disclose information shall not apply to such information.
(f) Definitions.--As used in this section:
(1) The term ``homeland security information''
means any information possessed by a Federal, State, or
local agency that--
(A) relates to the threat of terrorist
activity;
(B) relates to the ability to prevent,
interdict, or disrupt terrorist activity;
(C) would improve the identification or
investigation of a suspected terrorist or
terrorist organization; or
(D) would improve the response to a
terrorist act.
(2) The term ``intelligence community'' has the
meaning given such term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(3) The term ``State and local personnel'' means
any of the following persons involved in prevention,
preparation, or response for terrorist attack:
(A) State Governors, mayors, and other
locally elected officials.
(B) State and local law enforcement
personnel and firefighters.
(C) Public health and medical
professionals.
(D) Regional, State, and local emergency
management agency personnel, including State
adjutant generals.
(E) Other appropriate emergency response
agency personnel.
(F) Employees of private-sector entities
that affect critical infrastructure, cyber,
economic, or public health security, as
designated by the Federal Government in
procedures developed pursuant to this section.
(4) The term ``State'' includes the District of
Columbia and any commonwealth, territory, or possession
of the United States.
(g) Construction.--Nothing in this Act shall be construed
as authorizing any department, bureau, agency, officer, or
employee of the Federal Government to request, receive, or
transmit to any other Government entity or personnel, or
transmit to any State or local entity or personnel otherwise
authorized by this Act to receive homeland security
information, any information collected by the Federal
Government solely for statistical purposes in violation of any
other provision of law relating to the confidentiality of such
information.
SEC. 893. [6 U.S.C. 483] REPORT.
(a) Report Required.--Not later than 12 months after the
date of the enactment of this Act, the President shall submit
to the congressional committees specified in subsection (b) a
report on the implementation of section 892. The report shall
include any recommendations for additional measures or
appropriation requests, beyond the requirements of section 892,
to increase the effectiveness of sharing of information between
and among Federal, State, and local entities.
(b) Specified Congressional Committees.--The congressional
committees referred to in subsection (a) are the following
committees:
(1) The Permanent Select Committee on Intelligence
and the Committee on the Judiciary of the House of
Representatives.
(2) The Select Committee on Intelligence and the
Committee on the Judiciary of the Senate.
SEC. 894. [6 U.S.C. 484] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out section 892.
* * * * * * *
Subtitle J--Secure Handling of Ammonium Nitrate
SEC. 899A. [6 U.S.C. 488] DEFINITIONS.
In this subtitle:
(1) Ammonium nitrate.--The term ``ammonium
nitrate'' means--
(A) solid ammonium nitrate that is chiefly
the ammonium salt of nitric acid and contains
not less than 33 percent nitrogen by weight;
and
(B) any mixture containing a percentage of
ammonium nitrate that is equal to or greater
than the percentage determined by the Secretary
under section 899B(b).
(2) Ammonium nitrate facility.--The term ``ammonium
nitrate facility'' means any entity that produces,
sells or otherwise transfers ownership of, or provides
application services for ammonium nitrate.
(3) Ammonium nitrate purchaser.--The term
``ammonium nitrate purchaser'' means any person who
purchases ammonium nitrate from an ammonium nitrate
facility.
SEC. 899B. [6 U.S.C. 488A] REGULATION OF THE SALE AND TRANSFER OF
AMMONIUM NITRATE.
(a) In General.--The Secretary shall regulate the sale and
transfer of ammonium nitrate by an ammonium nitrate facility in
accordance with this subtitle to prevent the misappropriation
or use of ammonium nitrate in an act of terrorism.
(b) Ammonium Nitrate Mixtures.--Not later than 90 days
after the date of the enactment of this subtitle, the
Secretary, in consultation with the heads of appropriate
Federal departments and agencies (including the Secretary of
Agriculture), shall, after notice and an opportunity for
comment, establish a threshold percentage for ammonium nitrate
in a substance.
(c) Registration of Owners of Ammonium Nitrate
Facilities.--
(1) Registration.--The Secretary shall establish a
process by which any person that--
(A) owns an ammonium nitrate facility is
required to register with the Department; and
(B) registers under subparagraph (A) is
issued a registration number for purposes of
this subtitle.
(2) Registration information.--Any person applying
to register under paragraph (1) shall submit to the
Secretary--
(A) the name, address, and telephone number
of each ammonium nitrate facility owned by that
person;
(B) the name of the person designated by
that person as the point of contact for each
such facility, for purposes of this subtitle;
and
(C) such other information as the Secretary
may determine is appropriate.
(d) Registration of Ammonium Nitrate Purchasers.--
(1) Registration.--The Secretary shall establish a
process by which any person that--
(A) intends to be an ammonium nitrate
purchaser is required to register with the
Department; and
(B) registers under subparagraph (A) is
issued a registration number for purposes of
this subtitle.
(2) Registration information.--Any person applying
to register under paragraph (1) as an ammonium nitrate
purchaser shall submit to the Secretary--
(A) the name, address, and telephone number
of the applicant; and
(B) the intended use of ammonium nitrate to
be purchased by the applicant.
(e) Records.--
(1) Maintenance of records.--The owner of an
ammonium nitrate facility shall--
(A) maintain a record of each sale or
transfer of ammonium nitrate, during the two-
year period beginning on the date of that sale
or transfer; and
(B) include in such record the information
described in paragraph (2).
(2) Specific information required.--For each sale
or transfer of ammonium nitrate, the owner of an
ammonium nitrate facility shall--
(A) record the name, address, telephone
number, and registration number issued under
subsection (c) or (d) of each person that
purchases ammonium nitrate, in a manner
prescribed by the Secretary;
(B) if applicable, record the name,
address, and telephone number of an agent
acting on behalf of the person described in
subparagraph (A), at the point of sale;
(C) record the date and quantity of
ammonium nitrate sold or transferred; and
(D) verify the identity of the persons
described in subparagraphs (A) and (B), as
applicable, in accordance with a procedure
established by the Secretary.
(3) Protection of information.--In maintaining
records in accordance with paragraph (1), the owner of
an ammonium nitrate facility shall take reasonable
actions to ensure the protection of the information
included in such records.
(f) Exemption for Explosive Purposes.--The Secretary may
exempt from this subtitle a person producing, selling, or
purchasing ammonium nitrate exclusively for use in the
production of an explosive under a license or permit issued
under chapter 40 of title 18, United States Code.
(g) Consultation.--In carrying out this section, the
Secretary shall consult with the Secretary of Agriculture,
States, and appropriate private sector entities, to ensure that
the access of agricultural producers to ammonium nitrate is not
unduly burdened.
(h) Data Confidentiality.--
(1) In general.--Notwithstanding section 552 of
title 5, United States Code, or the USA PATRIOT ACT
(Public Law 107-56; 115 Stat. 272), and except as
provided in paragraph (2), the Secretary may not
disclose to any person any information obtained under
this subtitle.
(2) Exception.--The Secretary may disclose any
information obtained by the Secretary under this
subtitle to--
(A) an officer or employee of the United
States, or a person that has entered into a
contract with the United States, who has a need
to know the information to perform the duties
of the officer, employee, or person; or
(B) to a State agency under section 899D,
under appropriate arrangements to ensure the
protection of the information.
(i) Registration Procedures and Check of Terrorist
Screening Database.--
(1) Registration procedures.--
(A) Generally.--The Secretary shall
establish procedures to efficiently receive
applications for registration numbers under
this subtitle, conduct the checks required
under paragraph (2), and promptly issue or deny
a registration number.
(B) Initial six-month registration
period.--The Secretary shall take steps to
maximize the number of registration
applications that are submitted and processed
during the six-month period described in
section 899F(e).
(2) Check of terrorist screening database.--
(A) Check required.--The Secretary shall
conduct a check of appropriate identifying
information of any person seeking to register
with the Department under subsection (c) or (d)
against identifying information that appears in
the terrorist screening database of the
Department.
(B) Authority to deny registration
number.--If the identifying information of a
person seeking to register with the Department
under subsection (c) or (d) appears in the
terrorist screening database of the Department,
the Secretary may deny issuance of a
registration number under this subtitle.
(3) Expedited review of applications.--
(A) In general.--Following the six-month
period described in section 899F(e), the
Secretary shall, to the extent practicable,
issue or deny registration numbers under this
subtitle not later than 72 hours after the time
the Secretary receives a complete registration
application, unless the Secretary determines,
in the interest of national security, that
additional time is necessary to review an
application.
(B) Notice of application status.--In all
cases, the Secretary shall notify a person
seeking to register with the Department under
subsection (c) or (d) of the status of the
application of that person not later than 72
hours after the time the Secretary receives a
complete registration application.
(4) Expedited appeals process.--
(A) Requirement.--
(i) Appeals process.--The Secretary
shall establish an expedited appeals
process for persons denied a
registration number under this
subtitle.
(ii) Time period for resolution.--
The Secretary shall, to the extent
practicable, resolve appeals not later
than 72 hours after receiving a
complete request for appeal unless the
Secretary determines, in the interest
of national security, that additional
time is necessary to resolve an appeal.
(B) Consultation.--The Secretary, in
developing the appeals process under
subparagraph (A), shall consult with
appropriate stakeholders.
(C) Guidance.--The Secretary shall provide
guidance regarding the procedures and
information required for an appeal under
subparagraph (A) to any person denied a
registration number under this subtitle.
(5) Restrictions on use and maintenance of
information.--
(A) In general.--Any information
constituting grounds for denial of a
registration number under this section shall be
maintained confidentially by the Secretary and
may be used only for making determinations
under this section.
(B) Sharing of information.--
Notwithstanding any other provision of this
subtitle, the Secretary may share any such

information with Federal, State, local, and
tribal law enforcement agencies, as
appropriate.
(6) Registration information.--
(A) Authority to require information.--The
Secretary may require a person applying for a
registration number under this subtitle to
submit such information as may be necessary to
carry out the requirements of this section.
(B) Requirement to update information.--The
Secretary may require persons issued a
registration under this subtitle to update
registration information submitted to the
Secretary under this subtitle, as appropriate.
(7) Re-checks against terrorist screening
database.--
(A) Re-checks.--The Secretary shall, as
appropriate, recheck persons provided a
registration number pursuant to this subtitle
against the terrorist screening database of the
Department, and may revoke such registration
number if the Secretary determines such person
may pose a threat to national security.
(B) Notice of revocation.--The Secretary
shall, as appropriate, provide prior notice to
a person whose registration number is revoked
under this section and such person shall have
an opportunity to appeal, as provided in
paragraph (4).
SEC. 899C. [6 U.S.C. 488B] INSPECTION AND AUDITING OF RECORDS.
The Secretary shall establish a process for the periodic
inspection and auditing of the records maintained by owners of
ammonium nitrate facilities for the purpose of monitoring
compliance with this subtitle or for the purpose of deterring
or preventing the misappropriation or use of ammonium nitrate
in an act of terrorism.
SEC. 899D. [6 U.S.C. 488C] ADMINISTRATIVE PROVISIONS.
(a) Cooperative Agreements.--The Secretary--
(1) may enter into a cooperative agreement with the
Secretary of Agriculture, or the head of any State
department of agriculture or its designee involved in
agricultural regulation, in consultation with the State
agency responsible for homeland security, to carry out
the provisions of this subtitle; and
(2) wherever possible, shall seek to cooperate with
State agencies or their designees that oversee ammonium
nitrate facility operations when seeking cooperative
agreements to implement the registration and
enforcement provisions of this subtitle.
(b) Delegation.--
(1) Authority.--The Secretary may delegate to a
State the authority to assist the Secretary in the
administration and enforcement of this subtitle.
(2) Delegation required.--At the request of a
Governor of a State, the Secretary shall delegate to
that State the authority to carry out functions under
sections 899B and 899C, if the Secretary determines
that the State is capable of satisfactorily carrying
out such functions.
(3) Funding.--Subject to the availability of
appropriations, if the Secretary delegates functions to
a State under this subsection, the Secretary shall
provide to that State sufficient funds to carry out the
delegated functions.
(c) Provision of Guidance and Notification Materials to
Ammonium Nitrate Facilities.--
(1) Guidance.--The Secretary shall make available
to each owner of an ammonium nitrate facility
registered under section 899B(c)(1) guidance on--
(A) the identification of suspicious
ammonium nitrate purchases or transfers or
attempted purchases or transfers;
(B) the appropriate course of action to be
taken by the ammonium nitrate facility owner
with respect to such a purchase or transfer or
attempted purchase or transfer, including--
(i) exercising the right of the
owner of the ammonium nitrate facility
to decline sale of ammonium nitrate;
and
(ii) notifying appropriate law
enforcement entities; and
(C) additional subjects determined
appropriate to prevent the misappropriation or
use of ammonium nitrate in an act of terrorism.
(2) Use of materials and programs.--In providing
guidance under this subsection, the Secretary shall, to
the extent practicable, leverage any relevant materials
and programs.
(3) Notification materials.--
(A) In general.--The Secretary shall make
available materials suitable for posting at
locations where ammonium nitrate is sold.
(B) Design of materials.--Materials made
available under subparagraph (A) shall be
designed to notify prospective ammonium nitrate
purchasers of--
(i) the record-keeping requirements
under section 899B; and
(ii) the penalties for violating
such requirements.
SEC. 899E. [6 U.S.C. 488D] THEFT REPORTING REQUIREMENT.
Any person who is required to comply with section 899B(e)
who has knowledge of the theft or unexplained loss of ammonium
nitrate shall report such theft or loss to the appropriate
Federal law enforcement authorities not later than 1 calendar
day of the date on which the person becomes aware of such theft
or loss. Upon receipt of such report, the relevant Federal
authorities shall inform State, local, and tribal law
enforcement entities, as appropriate.
SEC. 899F. [6 U.S.C. 488E] PROHIBITIONS AND PENALTY.
(a) Prohibitions.--
(1) Taking possession.--No person shall purchase
ammonium nitrate from an ammonium nitrate facility
unless such person is registered under subsection (c)
or (d) of section 899B, or is an agent of a person
registered under subsection (c) or (d) of that section.
(2) Transferring possession.--An owner of an
ammonium nitrate facility shall not transfer possession
of ammonium nitrate from the ammonium nitrate facility
to any ammonium nitrate purchaser who is not registered
under subsection (c) or (d) of section 899B, or to any
agent acting on behalf of an ammonium nitrate purchaser
when such purchaser is not registered under subsection
(c) or (d) of section 899B.
(3) Other prohibitions.--No person shall--
(A) purchase ammonium nitrate without a
registration number required under subsection
(c) or (d) of section 899B;
(B) own or operate an ammonium nitrate
facility without a registration number required
under section 899B(c); or
(C) fail to comply with any requirement or
violate any other prohibition under this
subtitle.
(b) Civil Penalty.--A person that violates this subtitle
may be assessed a civil penalty by the Secretary of not more
than $50,000 per violation.
(c) Penalty Considerations.--In determining the amount of a
civil penalty under this section, the Secretary shall
consider--
(1) the nature and circumstances of the violation;
(2) with respect to the person who commits the
violation, any history of prior violations, the ability
to pay the penalty, and any effect the penalty is
likely to have on the ability of such person to do
business; and
(3) any other matter that the Secretary determines
that justice requires.
(d) Notice and Opportunity for a Hearing.--No civil penalty
may be assessed under this subtitle unless the person liable
for the penalty has been given notice and an opportunity for a
hearing on the violation for which the penalty is to be
assessed in the county, parish, or incorporated city of
residence of that person.
(e) Delay in Application of Prohibition.--Paragraphs (1)
and (2) of subsection (a) shall apply on and after the date
that is 6 months after the date that the Secretary issues a
final rule implementing this subtitle.
SEC. 899G. [6 U.S.C. 488F] PROTECTION FROM CIVIL LIABILITY.
(a) In General.--Notwithstanding any other provision of
law, an owner of an ammonium nitrate facility that in good
faith refuses to sell or transfer ammonium nitrate to any
person, or that in good faith discloses to the Department or to
appropriate law enforcement authorities an actual or attempted
purchase or transfer of ammonium nitrate, based upon a
reasonable belief that the person seeking purchase or transfer
of ammonium nitrate may use the ammonium nitrate to create an
explosive device to be employed in an act of terrorism (as
defined in section 3077 of title 18, United States Code), or to
use ammonium nitrate for any other unlawful purpose, shall not
be liable in any civil action relating to that refusal to sell
ammonium nitrate or that disclosure.
(b) Reasonable Belief.--A reasonable belief that a person
may use ammonium nitrate to create an explosive device to be
employed in an act of terrorism under subsection (a) may not
solely be based on the race, sex, national origin, creed,
religion, status as a veteran, or status as a member of the
Armed Forces of the United States of that person.
SEC. 899H. [6 U.S.C. 488G] PREEMPTION OF OTHER LAWS.
(a) Other Federal Regulations.--Except as provided in
section 899G, nothing in this subtitle affects any regulation
issued by any agency other than an agency of the Department.
(b) State Law.--Subject to section 899G, this subtitle
preempts the laws of any State to the extent that such laws are
inconsistent with this subtitle, except that this subtitle
shall not preempt any State law that provides additional
protection against the acquisition of ammonium nitrate by
terrorists or the use of ammonium nitrate in explosives in acts
of terrorism or for other illicit purposes, as determined by
the Secretary.
SEC. 899I. [6 U.S.C. 488H] DEADLINES FOR REGULATIONS.
The Secretary--
(1) shall issue a proposed rule implementing this
subtitle not later than 6 months after the date of the
enactment of this subtitle; and
(2) issue a final rule implementing this subtitle
not later than 1 year after such date of enactment.
SEC. 899J. [6 U.S.C. 488I] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary--
(1) $2,000,000 for fiscal year 2008; and
(2) $10,750,000 for each of fiscal years 2009
through 2012.
TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL
SEC. 901. [6 U.S.C. 491] NATIONAL HOMELAND SECURITY COUNCIL.
There is established within the Executive Office of the
President a council to be known as the ``Homeland Security
Council'' (in this title referred to as the ``Council'').
SEC. 902. [6 U.S.C. 492] FUNCTION.
The function of the Council shall be to advise the
President on homeland security matters.
SEC. 903. [6 U.S.C. 493] MEMBERSHIP.
(a) Members-- \1\The members of the Council shall be the
following:
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\1\ A period probably should appear prior to the dash in the
heading for subsection (a) of section 903.
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(1) The President.
(2) The Vice President.
(3) The Secretary of Homeland Security.
(4) The Attorney General.
(5) The Secretary of Defense.
(6) Such other individuals as may be designated by
the President.
(b) Attendance of Chairman of Joint Chiefs of Staff at
Meetings.--The Chairman of the Joint Chiefs of Staff (or, in
the absence of the Chairman, the Vice Chairman of the Joint
Chiefs of Staff) may, in the role of the Chairman of the Joint
Chiefs of Staff as principal military adviser to the Council
and subject to the direction of the President, attend and
participate in meetings of the Council.
SEC. 904. [6 U.S.C. 494] OTHER FUNCTIONS AND ACTIVITIES.
For the purpose of more effectively coordinating the
policies and functions of the United States Government relating
to homeland security, the Council shall--
(1) assess the objectives, commitments, and risks
of the United States in the interest of homeland
security and to make resulting recommendations to the
President;
(2) oversee and review homeland security policies
of the Federal Government and to make resulting
recommendations to the President; and
(3) perform such other functions as the President
may direct.
SEC. 905. [6 U.S.C. 495] STAFF COMPOSITION.
The Council shall have a staff, the head of which shall be
a civilian Executive Secretary, who shall be appointed by the
President. The President is authorized to fix the pay of the
Executive Secretary at a rate not to exceed the rate of pay
payable to the Executive Secretary of the National Security
Council.
SEC. 906. [6 U.S.C. 496] RELATION TO THE NATIONAL SECURITY COUNCIL.
The President may convene joint meetings of the Homeland
Security Council and the National Security Council with
participation by members of either Council or as the President
may otherwise direct.
TITLE X--INFORMATION SECURITY
SEC. 1001. INFORMATION SECURITY.
(a) [6 U.S.C. 101 note] Short Title.--This title may be
cited as the ``Federal Information Security Management Act of
2002''.
* * * * * * *
(c) [6 U.S.C. 511] Information Security Responsibilities of
Certain Agencies.--
(1) National security responsibilities.--(A)
Nothing in this Act (including any amendment made by
this Act) shall supersede any authority of the
Secretary of Defense, the Director of Central
Intelligence, or other agency head, as authorized by
law and as directed by the President, with regard to
the operation, control, or management of national
security systems, as defined by section 3532(3) of
title 44, United States Code.
* * * * * * *
(2) Atomic energy act of 1954.--Nothing in this Act
shall supersede any requirement made by or under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
Restricted Data or Formerly Restricted Data shall be
handled, protected, classified, downgraded, and
declassified in conformity with the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.).
* * * * * * *
SEC. 1006. [6 U.S.C. 512] CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act,
affects the authority of the National Institute of Standards
and Technology or the Department of Commerce relating to the
development and promulgation of standards or guidelines under
paragraphs (1) and (2) of section 20(a) of the National
Institute of Standards and Technology Act (15 U.S.C. 278g-
3(a)).
TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS
Subtitle A--Executive Office for Immigration Review
SEC. 1101. LEGAL STATUS OF EOIR.
(a) [6 U.S.C. 521] Existence of EOIR.--There is in the
Department of Justice the Executive Office for Immigration
Review, which shall be subject to the direction and regulation
of the Attorney General under section 103(g) of the Immigration
and Nationality Act, as added by section 1102.
* * * * * * *
SEC. 1103. [6 U.S.C. 522] STATUTORY CONSTRUCTION.
Nothing in this Act, any amendment made by this Act, or in
section 103 of the Immigration and Nationality Act, as amended
by section 1102, shall be construed to limit judicial deference
to regulations, adjudications, interpretations, orders,
decisions, judgments, or any other actions of the Secretary of
Homeland Security or the Attorney General.
Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to
the Department of Justice
SEC. 1111. [6 U.S.C. 531] BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND
EXPLOSIVES.
(a) Establishment.--
(1) In general.--There is established within the
Department of Justice under the general authority of
the Attorney General the Bureau of Alcohol, Tobacco,
Firearms, and Explosives (in this section referred to
as the ``Bureau'').
(2) Director.--There shall be at the head of the
Bureau a Director, Bureau of Alcohol, Tobacco,
Firearms, and Explosives (in this subtitle referred to
as the ``Director''). The Director shall be appointed
by the President, by and with the advice and consent of
the Senate and shall perform such functions as the
Attorney General shall direct. The Director shall
receive compensation at the rate prescribed by law
under section 5314 of title V, United States Code, for
positions at level III of the Executive Schedule.
(3) Coordination.--The Attorney General, acting
through the Director and such other officials of the
Department of Justice as the Attorney General may
designate, shall provide for the coordination of all
firearms, explosives, tobacco enforcement, and arson
enforcement functions vested in the Attorney General so
as to assure maximum cooperation between and among any
officer, employee, or agency of the Department of
Justice involved in the performance of these and
related functions.
(4) Performance of transferred functions.--The
Attorney General may make such provisions as the
Attorney General determines appropriate to authorize
the performance by any officer, employee, or agency of
the Department of Justice of any function transferred
to the Attorney General under this section.
(b) Responsibilities.--Subject to the direction of the
Attorney General, the Bureau shall be responsible for
investigating--
(1) criminal and regulatory violations of the
Federal firearms, explosives, arson, alcohol, and
tobacco smuggling laws;
(2) the functions transferred by subsection (c);
and
(3) any other function related to the investigation
of violent crime or domestic terrorism that is
delegated to the Bureau by the Attorney General.
(c) Transfer of Authorities, Functions, Personnel, and
Assets to the Department of Justice.--
(1) In general.--Subject to paragraph (2), but
notwithstanding any other provision of law, there are
transferred to the Department of Justice the
authorities, functions, personnel, and assets of the
Bureau of Alcohol, Tobacco and Firearms, which shall be
maintained as a distinct entity within the Department
of Justice, including the related functions of the
Secretary of the Treasury.
(2) Administration and revenue collection
functions.--There shall be retained within the
Department of the Treasury the authorities, functions,
personnel, and assets of the Bureau of Alcohol, Tobacco
and Firearms relating to the administration and
enforcement of chapters 51 and 52 of the Internal
Revenue Code of 1986, sections 4181 and 4182 of the
Internal Revenue Code of 1986, and title 27, United
States Code.
(3) Building prospectus.--Prospectus PDC-98W10,
giving the General Services Administration the
authority for site acquisition, design, and
construction of a new headquarters building for the
Bureau of Alcohol, Tobacco and Firearms, is
transferred, and deemed to apply, to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives established
in the Department of Justice under subsection (a).
(d) Tax and Trade Bureau.--
(1) Establishment.--There is established within the
Department of the Treasury the Tax and Trade Bureau.
(2) Administrator.--The Tax and Trade Bureau shall
be headed by an Administrator, who shall perform such
duties as assigned by the Under Secretary for
Enforcement of the Department of the Treasury. The
Administrator shall occupy a career-reserved position
within the Senior Executive Service.
(3) Responsibilities.--The authorities, functions,
personnel, and assets of the Bureau of Alcohol, Tobacco
and Firearms that are not transferred to the Department
of Justice under this section shall be retained and
administered by the Tax and Trade Bureau.
* * * * * * *
SEC. 1114. [6 U.S.C. 532] EXPLOSIVES TRAINING AND RESEARCH FACILITY.
(a) Establishment.--There is established within the Bureau
an Explosives Training and Research Facility at Fort AP Hill,
Fredericksburg, Virginia.
(b) Purpose.--The facility established under subsection (a)
shall be utilized to train Federal, State, and local law
enforcement officers to--
(1) investigate bombings and explosions;
(2) properly handle, utilize, and dispose of
explosive materials and devices;
(3) train canines on explosive detection; and
(4) conduct research on explosives.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated such sums as may be necessary to establish
and maintain the facility established under subsection
(a).
(2) Availability of funds.--Any amounts
appropriated pursuant to paragraph (1) shall remain
available until expended.
SEC. 1115. [6 U.S.C. 533] PERSONNEL MANAGEMENT DEMONSTRATION PROJECT.
Notwithstanding any other provision of law, the Personnel
Management Demonstration Project established under section 102
of title I of division C of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act for Fiscal Year 1999
(Public Law 105-277; 122 Stat. 2681-585) shall be transferred
to the Attorney General of the United States for continued use
by the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice, and the Secretary of the Treasury for
continued use by the Tax and Trade Bureau.
Subtitle C--Explosives
SEC. 1121. [18 U.S.C. 841 NOTE] SHORT TITLE.
This subtitle may be referred to as the ``Safe Explosives
Act''.
SEC. 1122. PERMITS FOR PURCHASERS OF EXPLOSIVES.
(a) * * *
* * * * * * *
(i) [18 U.S.C. 843 note] Effective Date.--
(1) In general.--The amendments made by this
section shall take effect 180 days after the date of
enactment of this Act.
(2) Exception.--Notwithstanding any provision of
this Act, a license or permit issued under section 843
of title 18, United States Code, before the date of
enactment of this Act, shall remain valid until that
license or permit is revoked under section 843(d) or
expires, or until a timely application for renewal is
acted upon.
* * * * * * *
SEC. 1128. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
necessary to carry out this subtitle and the amendments made by
this subtitle.
TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION
* * * * * * *
SEC. 1204. REPORT.
Not later than 90 days after the date of enactment of this
Act, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that--
(A) evaluates the availability and cost of
commercial war risk insurance for air carriers
and other aviation entities for passengers and
third parties;
(B) analyzes the economic effect upon air
carriers and other aviation entities of
available commercial war risk insurance; and
(C) describes the manner in which the
Department could provide an alternative means
of providing aviation war risk reinsurance
covering passengers, crew, and third parties
through use of a risk-retention group or by
other means.
TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT
Subtitle A--Chief Human Capital Officers
SEC. 1301. [5 U.S.C. 101 NOTE] SHORT TITLE.
This title may be cited as the ``Chief Human Capital
Officers Act of 2002''.
* * * * * * *
SEC. 1303. [5 U.S.C. 1401 NOTE] CHIEF HUMAN CAPITAL OFFICERS COUNCIL.
(a) Establishment.--There is established a Chief Human
Capital Officers Council, consisting of--
(1) the Director of the Office of Personnel
Management, who shall act as chairperson of the
Council;
(2) the Deputy Director for Management of the
Office of Management and Budget, who shall act as vice
chairperson of the Council; and
(3) the Chief Human Capital Officers of Executive
departments and any other members who are designated by
the Director of the Office of Personnel Management.
(b) Functions.--The Chief Human Capital Officers Council
shall meet periodically to advise and coordinate the activities
of the agencies of its members on such matters as modernization
of human resources systems, improved quality of human resources
information, and legislation affecting human resources
operations and organizations.
(c) Employee Labor Organizations at Meetings.--The Chief
Human Capital Officers Council shall ensure that
representatives of Federal employee labor organizations are
present at a minimum of 1 meeting of the Council each year.
Such representatives shall not be members of the Council.
(d) Annual Report.--Each year the Chief Human Capital
Officers Council shall submit a report to Congress on the
activities of the Council.
* * * * * * *
SEC. 1305. [5 U.S.C. 1103 NOTE] EFFECTIVE DATE.
This subtitle shall take effect 180 days after the date of
enactment of this Act.
Subtitle B--Reforms Relating to Federal Human Capital Management
* * * * * * *
SEC. 1313. PERMANENT EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES
FOR USE OF VOLUNTARY SEPARATION INCENTIVE PAY AND
VOLUNTARY EARLY RETIREMENT.
(a) Voluntary Separation Incentive Payments.--
(1) * * *
* * * * * * *
(2) [5 U.S.C. 3521 note] Administrative office of
the united states courts.--The Director of the
Administrative Office of the United States Courts may,
by regulation, establish a program substantially
similar to the program established under paragraph (1)
for individuals serving in the judicial branch.
(3) [5 U.S.C. 3521 note] Continuation of other
authority.--Any agency exercising any voluntary
separation incentive authority in effect on the
effective date of this subsection may continue to offer
voluntary separation incentives consistent with that
authority until that authority expires.
(4) [5 U.S.C. 3521 note] Effective date.--This
subsection shall take effect 60 days after the date of
enactment of this Act.
* * * * * * *
(b) Federal Employee Voluntary Early Retirement.--
(1) * * *
* * * * * * *
(3) [5 U.S.C. 8336 note] General accounting office
authority.--The amendments made by this subsection
shall not be construed to affect the authority under
section 1 of Public Law 106-303 (5 U.S.C. 8336 note;
114 State. 1063).
* * * * * * *
(5) [5 U.S.C. 8336 note] Regulations.--The Office
of Personnel Management may prescribe regulations to
carry out this subsection.
(c) [5 U.S.C. 3521 note] Sense of Congress.--It is the
sense of Congress that the implementation of this section is
intended to reshape the Federal workforce and not downsize the
Federal workforce.
* * * * * * *
Subtitle C--Reforms Relating to the Senior Executive Service
* * * * * * *
SEC. 1321. REPEAL OF RECERTIFICATION REQUIREMENTS OF SENIOR EXECUTIVES.
(a) * * *
* * * * * * *
(b) [5 U.S.C. 3592 note] Savings Provision.--
Notwithstanding the amendments made by subsection (a)(2)(A), an
appeal under the final sentence of section 3592(a) of title 5,
United States Code, that is pending on the day before the
effective date of this section--
(1) shall not abate by reason of the enactment of
the amendments made by subsection (a)(2)(A); and
(2) shall continue as if such amendments had not
been enacted.
(c) [5 U.S.C. 3593 note] Application.--The amendment made
by subsection (a)(2)(B) shall not apply with respect to an
individual who, before the effective date of this section,
leaves the Senior Executive Service for failure to be
recertified as a senior executive under section 3393a of title
5, United States Code.
* * * * * * *
Subtitle D--Academic Training
* * * * * * *
SEC. 1332. MODIFICATIONS TO NATIONAL SECURITY EDUCATION PROGRAM.
(a) [5 U.S.C. 3301 note] Findings and Policies.--
(1) Findings.--Congress finds that--
(A) the United States Government actively
encourages and financially supports the
training, education, and development of many
United States citizens;
(B) as a condition of some of those
supports, many of those citizens have an
obligation to seek either compensated or
uncompensated employment in the Federal sector;
and
(C) it is in the United States national
interest to maximize the return to the Nation
of funds invested in the development of such
citizens by seeking to employ them in the
Federal sector.
(2) Policy.--It shall be the policy of the United
States Government to--
(A) establish procedures for ensuring that
United States citizens who have incurred
service obligations as the result of receiving
financial support for education and training
from the United States Government and have
applied for Federal positions are considered in
all recruitment and hiring initiatives of
Federal departments, bureaus, agencies, and
offices; and
(B) advertise and open all Federal
positions to United States citizens who have
incurred service obligations with the United
States Government as the result of receiving
financial support for education and training
from the United States Government.
* * * * * * *
TITLE XIV--ARMING PILOTS AGAINST TERRORISM
SEC. 1401. [49 U.S.C. 40101 NOTE] SHORT TITLE.
This title may be cited as the ``Arming Pilots Against
Terrorism Act''.
SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.
(a) * * *
* * * * * * *
(c) [6 U.S.C. 513] Federal Air Marshal Program.--
(1) Sense of congress.--It is the sense of Congress
that the Federal air marshal program is critical to
aviation security.
(2) Limitation on statutory construction.--Nothing
in this Act, including any amendment made by this Act,
shall be construed as preventing the Under Secretary of
Transportation for Security from implementing and
training Federal air marshals.
SEC. 1403. CREW TRAINING.
(a) * * *
* * * * * * *
(c) Benefits and Risks of Providing Flight Attendants With
Nonlethal Weapons.--
(1) Study.--The Under Secretary of Transportation
for Security shall conduct a study to evaluate the
benefits and risks of providing flight attendants with
nonlethal weapons to aide in combating air piracy and
criminal violence on commercial airlines.
(2) Report.--Not later than 6 months after the date
of enactment of this Act, the Under Secretary shall
transmit to Congress a report on the results of the
study.
SEC. 1404. COMMERCIAL AIRLINE SECURITY STUDY.
(a) Study.--The Secretary of Transportation shall conduct a
study of the following:
(1) The number of armed Federal law enforcement
officers (other than Federal air marshals), who travel
on commercial airliners annually and the frequency of
their travel.
(2) The cost and resources necessary to provide
such officers with supplemental training in aircraft
anti-terrorism training that is comparable to the
training that Federal air marshals are provided.
(3) The cost of establishing a program at a Federal
law enforcement training center for the purpose of
providing new Federal law enforcement recruits with
standardized training comparable to the training that
Federal air marshals are provided.
(4) The feasibility of implementing a certification
program designed for the purpose of ensuring Federal
law enforcement officers have completed the training
described in paragraph (2) and track their travel over
a 6-month period.
(5) The feasibility of staggering the flights of
such officers to ensure the maximum amount of flights
have a certified trained Federal officer on board.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study. The report may be
submitted in classified and redacted form.
* * * * * * *
TITLE XV--TRANSITION
Subtitle A--Reorganization Plan
SEC. 1501. [6 U.S.C. 541] DEFINITIONS.
For purposes of this title:
(1) The term ``agency'' includes any entity,
organizational unit, program, or function.
(2) The term ``transition period'' means the 12-
month period beginning on the effective date of this
Act.
SEC. 1502. [6 U.S.C. 542] REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than 60 days after the
date of the enactment of this Act, the President shall transmit
to the appropriate congressional committees a reorganization
plan regarding the following:
(1) The transfer of agencies, personnel, assets,
and obligations to the Department pursuant to this Act.
(2) Any consolidation, reorganization, or
streamlining of agencies transferred to the Department
pursuant to this Act.
(b) Plan Elements.--The plan transmitted under subsection
(a) shall contain, consistent with this Act, such elements as
the President deems appropriate, including the following:
(1) Identification of any functions of agencies
transferred to the Department pursuant to this Act that
will not be transferred to the Department under the
plan.
(2) Specification of the steps to be taken by the
Secretary to organize the Department, including the
delegation or assignment of functions transferred to
the Department among officers of the Department in
order to permit the Department to carry out the
functions transferred under the plan.
(3) Specification of the funds available to each
agency that will be transferred to the Department as a
result of transfers under the plan.
(4) Specification of the proposed allocations
within the Department of unexpended funds transferred
in connection with transfers under the plan.
(5) Specification of any proposed disposition of
property, facilities, contracts, records, and other
assets and obligations of agencies transferred under
the plan.
(6) Specification of the proposed allocations
within the Department of the functions of the agencies
and subdivisions that are not related directly to
securing the homeland.
(c) Modification of Plan.--The President may, on the basis
of consultations with the appropriate congressional committees,
modify or revise any part of the plan until that part of the
plan becomes effective in accordance with subsection (d).
(d) Effective Date.--
(1) In general.--The reorganization plan described
in this section, including any modifications or
revisions of the plan under subsection (d), shall
become effective for an agency on the earlier of--
(A) the date specified in the plan (or the
plan as modified pursuant to subsection (d)),
except that such date may not be earlier than
90 days after the date the President has
transmitted the reorganization plan to the
appropriate congressional committees pursuant
to subsection (a); or
(B) the end of the transition period.
(2) Statutory construction.--Nothing in this
subsection may be construed to require the transfer of
functions, personnel, records, balances of
appropriations, or other assets of an agency on a
single date.
(3) Supersedes existing law.--Paragraph (1) shall
apply notwithstanding section 905(b) of title 5, United
States Code.
SEC. 1503. [6 U.S.C. 543] REVIEW OF CONGRESSIONAL COMMITTEE STRUCTURES.
It is the sense of Congress that each House of Congress
should review its committee structure in light of the
reorganization of responsibilities within the executive branch
by the establishment of the Department.
Subtitle B--Transitional Provisions
SEC. 1511. [6 U.S.C. 551] TRANSITIONAL AUTHORITIES.
(a) Provision of Assistance by Officials.--Until the
transfer of an agency to the Department, any official having
authority over or functions relating to the agency immediately
before the effective date of this Act shall provide to the
Secretary such assistance, including the use of personnel and
assets, as the Secretary may request in preparing for the
transfer and integration of the agency into the Department.
(b) Services and Personnel.--During the transition period,
upon the request of the Secretary, the head of any executive
agency may, on a reimbursable basis, provide services or detail
personnel to assist with the transition.
(c) Acting Officials.--(1) During the transition period,
pending the advice and consent of the Senate to the appointment
of an officer required by this Act to be appointed by and with
such advice and consent, the President may designate any
officer whose appointment was required to be made by and with
such advice and consent and who was such an officer immediately
before the effective date of this Act (and who continues in
office) or immediately before such designation, to act in such
office until the same is filled as provided in this Act. While
so acting, such officers shall receive compensation at the
higher of--
(A) the rates provided by this Act for the
respective offices in which they act; or
(B) the rates provided for the offices held at the
time of designation.
(2) Nothing in this Act shall be understood to require the
advice and consent of the Senate to the appointment by the
President to a position in the Department of any officer whose
agency is transferred to the Department pursuant to this Act
and whose duties following such transfer are germane to those
performed before such transfer.
(d) Transfer of Personnel, Assets, Obligations, and
Functions.--Upon the transfer of an agency to the Department--
(1) the personnel, assets, and obligations held by
or available in connection with the agency shall be
transferred to the Secretary for appropriate
allocation, subject to the approval of the Director of
the Office of Management and Budget and in accordance
with the provisions of section 1531(a)(2) of title 31,
United States Code; and
(2) the Secretary shall have all functions relating
to the agency that any other official could by law
exercise in relation to the agency immediately before
such transfer, and shall have in addition all functions
vested in the Secretary by this Act or other law.
(e) Prohibition on Use of Transportation Trust Funds.--
(1) In general.--Notwithstanding any other
provision of this Act, no funds derived from the
Highway Trust Fund, Airport and Airway Trust Fund,
Inland Waterway Trust Fund, or Harbor Maintenance Trust
Fund, may be transferred to, made available to, or
obligated by the Secretary or any other official in the
Department.
(2) Limitation.--This subsection shall not apply to
security-related funds provided to the Federal Aviation
Administration for fiscal years preceding fiscal year
2003 for (A) operations, (B) facilities and equipment,
or (C) research, engineering, and development, and to
any funds provided to the Coast Guard from the Sport
Fish Restoration and Boating Trust Fund for boating
safety programs.
SEC. 1512. [6 U.S.C. 552] SAVINGS PROVISIONS.
(a) Completed Administrative Actions.--(1) Completed
administrative actions of an agency shall not be affected by
the enactment of this Act or the transfer of such agency to the
Department, but shall continue in effect according to their
terms until amended, modified, superseded, terminated, set
aside, or revoked in accordance with law by an officer of the
United States or a court of competent jurisdiction, or by
operation of law.
(2) For purposes of paragraph (1), the term ``completed
administrative action'' includes orders, determinations, rules,
regulations, personnel actions, permits, agreements, grants,
contracts, certificates, licenses, registrations, and
privileges.
(b) Pending Proceedings.--Subject to the authority of the
Secretary under this Act--
(1) pending proceedings in an agency, including
notices of proposed rulemaking, and applications for
licenses, permits, certificates, grants, and financial
assistance, shall continue notwithstanding the
enactment of this Act or the transfer of the agency to
the Department, unless discontinued or modified under
the same terms and conditions and to the same extent
that such discontinuance could have occurred if such
enactment or transfer had not occurred; and
(2) orders issued in such proceedings, and appeals
therefrom, and payments made pursuant to such orders,
shall issue in the same manner and on the same terms as
if this Act had not been enacted or the agency had not
been transferred, and any such orders shall continue in
effect until amended, modified, superseded, terminated,
set aside, or revoked by an officer of the United
States or a court of competent jurisdiction, or by
operation of law.
(c) Pending Civil Actions.--Subject to the authority of the
Secretary under this Act, pending civil actions shall continue
notwithstanding the enactment of this Act or the transfer of an
agency to the Department, and in such civil actions,
proceedings shall be had, appeals taken, and judgments rendered
and enforced in the same manner and with the same effect as if
such enactment or transfer had not occurred.
(d) References.--References relating to an agency that is
transferred to the Department in statutes, Executive orders,
rules, regulations, directives, or delegations of authority
that precede such transfer or the effective date of this Act
shall be deemed to refer, as appropriate, to the Department, to
its officers, employees, or agents, or to its corresponding
organizational units or functions. Statutory reporting
requirements that applied in relation to such an agency
immediately before the effective date of this Act shall
continue to apply following such transfer if they refer to the
agency by name.
(e) Employment Provisions.--(1) Notwithstanding the
generality of the foregoing (including subsections (a) and
(d)), in and for the Department the Secretary may, in
regulations prescribed jointly with the Director of the Office
of Personnel Management, adopt the rules, procedures, terms,
and conditions, established by statute, rule, or regulation
before the effective date of this Act, relating to employment
in any agency transferred to the Department pursuant to this
Act; and
(2) except as otherwise provided in this Act, or under
authority granted by this Act, the transfer pursuant to this
Act of personnel shall not alter the terms and conditions of
employment, including compensation, of any employee so
transferred.
(f) Statutory Reporting Requirements.--Any statutory
reporting requirement that applied to an agency, transferred to
the Department under this Act, immediately before the effective
date of this Act shall continue to apply following that
transfer if the statutory requirement refers to the agency by
name.
SEC. 1513. [6 U.S.C. 553] TERMINATIONS.
Except as otherwise provided in this Act, whenever all the
functions vested by law in any agency have been transferred
pursuant to this Act, each position and office the incumbent of
which was authorized to receive compensation at the rates
prescribed for an office or position at level II, III, IV, or
V, of the Executive Schedule, shall terminate.
SEC. 1514. [6 U.S.C. 554] NATIONAL IDENTIFICATION SYSTEM NOT
AUTHORIZED.
Nothing in this Act shall be construed to authorize the
development of a national identification system or card.
SEC. 1515. [6 U.S.C. 555] CONTINUITY OF INSPECTOR GENERAL OVERSIGHT.
Notwithstanding the transfer of an agency to the Department
pursuant to this Act, the Inspector General that exercised
oversight of such agency prior to such transfer shall continue
to exercise oversight of such agency during the period of time,
if any, between the transfer of such agency to the Department
pursuant to this Act and the appointment of the Inspector
General of the Department of Homeland Security in accordance
with section 103(b).
SEC. 1516. [6 U.S.C. 556] INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary, is authorized and directed to
make such additional incidental dispositions of personnel,
assets, and liabilities held, used, arising from, available, or
to be made available, in connection with the functions
transferred by this Act, as the Director may determine
necessary to accomplish the purposes of this Act.
SEC. 1517. [6 U.S.C. 557] REFERENCE.
With respect to any function transferred by or under this
Act (including under a reorganization plan that becomes
effective under section 1502) and exercised on or after the
effective date of this Act, reference in any other Federal law
to any department, commission, or agency or any officer or
office the functions of which are so transferred shall be
deemed to refer to the Secretary, other official, or component
of the Department to which such function is so transferred.
* * * * * * *
TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS
* * * * * * *
SEC. 1702. EXECUTIVE SCHEDULE.
(a) * * *
* * * * * * *
(b) [5 U.S.C. 5315 note] Special Effective Date.--

Notwithstanding section 4, the amendment made by subsection
(a)(5) shall take effect on the date on which the transfer of
functions specified under section 441 takes effect.
SEC. 1703. UNITED STATES SECRET SERVICE.
(a) * * *
(b) [3 U.S.C. 202 note] Effective Date.--The amendments
made by this section shall take effect on the date of transfer
of the United States Secret Service to the Department.
SEC. 1704. COAST GUARD.
(a) * * *
* * * * * * *
(g) [10 U.S.C. 101 note] Effective Date.--The amendments
made by this section (other than subsection (f)) shall take
effect on the date of transfer of the Coast Guard to the
Department.
SEC. 1705. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE
DEVELOPMENT.
(a) * * *
* * * * * * *
(b) [42 U.S.C. 247d-6b note] Effective Date.--The
amendments made by this section shall take effect on the date
of transfer of the Strategic National Stockpile of the
Department of Health and Human Services to the Department.
SEC. 1706. TRANSFER OF CERTAIN SECURITY AND LAW ENFORCEMENT FUNCTIONS
AND AUTHORITIES.
(a) * * *
* * * * * * *
(2) [40 U.S.C. 1315 note] Delegation of
authority.--The Secretary may delegate authority for
the protection of specific buildings to another Federal
agency where, in the Secretary's discretion, the
Secretary determines it necessary for the protection of
that building.
* * * * * * *
SEC. 1708. [50 U.S.C. 1522 NOTE] NATIONAL BIO-WEAPONS DEFENSE ANALYSIS
CENTER.
There is established in the Department of Defense a
National Bio-Weapons Defense Analysis Center, whose mission is
to develop countermeasures to potential attacks by terrorists
using weapons of mass destruction.
* * * * * * *
Sec. 1714. [6 U.S.C. 103] Notwithstanding any other
provision of this Act, any report, notification, or
consultation addressing directly or indirectly the use of
appropriated funds and stipulated by this Act to be submitted
to, or held with, the Congress or any Congressional committee
shall also be submitted to, or held with, the Committees on
Appropriations of the Senate and the House of Representatives
under the same conditions and with the same restrictions as
stipulated by this Act.
TITLE XVIII--EMERGENCY COMMUNICATIONS
SEC. 1801. [6 U.S.C. 571] OFFICE OF EMERGENCY COMMUNICATIONS.
(a) In General.--There is established in the Department an
Office of Emergency Communications.
(b) Director.--The head of the office shall be the Director
for Emergency Communications. The Director shall report to the
Assistant Secretary for Cybersecurity and Communications.
(c) Responsibilities.--The Director for Emergency
Communications shall--
(1) assist the Secretary in developing and
implementing the program described in section
7303(a)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except as
provided in section 314;
(2) administer the Department's responsibilities
and authorities relating to the SAFECOM Program,
excluding elements related to research, development,
testing, and evaluation and standards;
(3) administer the Department's responsibilities
and authorities relating to the Integrated Wireless
Network program;
(4) conduct extensive, nationwide outreach to
support and promote the ability of emergency response
providers and relevant government officials to continue
to communicate in the event of natural disasters, acts
of terrorism, and other man-made disasters;
(5) conduct extensive, nationwide outreach and
foster the development of interoperable emergency
communications capabilities by State, regional, local,
and tribal governments and public safety agencies, and
by regional consortia thereof;
(6) provide technical assistance to State,
regional, local, and tribal government officials with
respect to use of interoperable emergency
communications capabilities;
(7) coordinate with the Regional Administrators
regarding the activities of Regional Emergency
Communications Coordination Working Groups under
section 1805;
(8) promote the development of standard operating
procedures and best practices with respect to use of
interoperable emergency communications capabilities for
incident response, and facilitate the sharing of
information on such best practices for achieving,
maintaining, and enhancing interoperable emergency
communications capabilities for such response;
(9) coordinate, in cooperation with the National
Communications System, the establishment of a national
response capability with initial and ongoing planning,
implementation, and training for the deployment of
communications equipment for relevant State, local, and
tribal governments and emergency response providers in
the event of a catastrophic loss of local and regional
emergency communications services;
(10) assist the President, the National Security
Council, the Homeland Security Council, and the
Director of the Office of Management and Budget in
ensuring the continued operation of the
telecommunications functions and responsibilities of
the Federal Government, excluding spectrum management;
(11) establish, in coordination with the Director
of the Office for Interoperability and Compatibility,
requirements for interoperable emergency communications
capabilities, which shall be nonproprietary where
standards for such capabilities exist, for all public
safety radio and data communications systems and
equipment purchased using homeland security assistance
administered by the Department, excluding any alert and
warning device, technology, or system;
(12) review, in consultation with the Assistant
Secretary for Grants and Training, all interoperable
emergency communications plans of Federal, State,
local, and tribal governments, including Statewide and
tactical interoperability plans, developed pursuant to
homeland security assistance administered by the
Department, but excluding spectrum allocation and
management related to such plans;
(13) develop and update periodically, as
appropriate, a National Emergency Communications Plan
under section 1802;
(14) perform such other duties of the Department
necessary to support and promote the ability of
emergency response providers and relevant government
officials to continue to communicate in the event of
natural disasters, acts of terrorism, and other man-
made disasters; and
(15) perform other duties of the Department
necessary to achieve the goal of and maintain and
enhance interoperable emergency communications
capabilities.
(d) Performance of Previously Transferred Functions.--The
Secretary shall transfer to, and administer through, the
Director for Emergency Communications the following programs
and responsibilities:
(1) The SAFECOM Program, excluding elements related
to research, development, testing, and evaluation and
standards.
(2) The responsibilities of the Chief Information
Officer related to the implementation of the Integrated
Wireless Network.
(3) The Interoperable Communications Technical
Assistance Program.
(e) Coordination.--The Director for Emergency
Communications shall coordinate--
(1) as appropriate, with the Director of the Office
for Interoperability and Compatibility with respect to
the responsibilities described in section 314; and
(2) with the Administrator of the Federal Emergency
Management Agency with respect to the responsibilities
described in this title.
(f) Sufficiency of Resources Plan.--
(1) Report.--Not later than 120 days after the date
of enactment of this section, the Secretary shall
submit to Congress a report on the resources and staff
necessary to carry out fully the responsibilities under
this title.
(2) Comptroller general review.--The Comptroller
General shall review the validity of the report
submitted by the Secretary under paragraph (1). Not
later than 60 days after the date on which such report
is submitted, the Comptroller General shall submit to
Congress a report containing the findings of such
review.
SEC. 1802. [6 U.S.C. 572] NATIONAL EMERGENCY COMMUNICATIONS PLAN.
(a) In General.--The Secretary, acting through the Director
for Emergency Communications, and in cooperation with the
Department of National Communications System (as appropriate),
shall, in cooperation with State, local, and tribal
governments, Federal departments and agencies, emergency
response providers, and the private sector, develop not later
than 180 days after the completion of the baseline assessment
under section 1803, and periodically update, a National
Emergency Communications Plan to provide recommendations
regarding how the United States should--
(1) support and promote the ability of emergency
response providers and relevant government officials to
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-made
disasters; and
(2) ensure, accelerate, and attain interoperable
emergency communications nationwide.
(b) Coordination.--The Emergency Communications
Preparedness Center under section 1806 shall coordinate the
development of the Federal aspects of the National Emergency
Communications Plan.
(c) Contents.--The National Emergency Communications Plan
shall--
(1) include recommendations developed in
consultation with the Federal Communications Commission
and the National Institute of Standards and Technology
for a process for expediting national voluntary
consensus standards for emergency communications
equipment for the purchase and use by public safety
agencies of interoperable emergency communications
equipment and technologies;
(2) identify the appropriate capabilities necessary
for emergency response providers and relevant
government officials to continue to communicate in the
event of natural disasters, acts of terrorism, and
other man-made disasters;
(3) identify the appropriate interoperable
emergency communications capabilities necessary for
Federal, State, local, and tribal governments in the
event of natural disasters, acts of terrorism, and
other man-made disasters;
(4) recommend both short-term and long-term
solutions for ensuring that emergency response
providers and relevant government officials can
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-made
disasters;
(5) recommend both short-term and long-term
solutions for deploying interoperable emergency
communications systems for Federal, State, local, and
tribal governments throughout the Nation, including
through the provision of existing and emerging
technologies;
(6) identify how Federal departments and agencies
that respond to natural disasters, acts of terrorism,
and other man-made disasters can work effectively with
State, local, and tribal governments, in all States,
and with other entities;
(7) identify obstacles to deploying interoperable
emergency communications capabilities nationwide and
recommend short-term and long-term measures to overcome
those obstacles, including recommendations for
multijurisdictional coordination among Federal, State,
local, and tribal governments;
(8) recommend goals and timeframes for the
deployment of emergency, command-level communications
systems based on new and existing equipment across the
United States and develop a timetable for the
deployment of interoperable emergency communications
systems nationwide;
(9) recommend appropriate measures that emergency
response providers should employ to ensure the
continued operation of relevant governmental
communications infrastructure in the event of natural
disasters, acts of terrorism, or other man-made
disasters; and
(10) set a date, including interim benchmarks, as
appropriate, by which State, local, and tribal
governments, Federal departments and agencies, and
emergency response providers expect to achieve a
baseline level of national interoperable
communications, as that term is defined under section
7303(g)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(g)(1)).
SEC. 1803. [6 U.S.C. 573] ASSESSMENTS AND REPORTS.
(a) Baseline Assessment.--Not later than 1 year after the
date of enactment of this section and not less than every 5
years thereafter, the Secretary, acting through the Director
for Emergency Communications, shall conduct an assessment of
Federal, State, local, and tribal governments that--
(1) defines the range of capabilities needed by
emergency response providers and relevant government
officials to continue to communicate in the event of
natural disasters, acts of terrorism, and other man-
made disasters;
(2) defines the range of interoperable emergency
communications capabilities needed for specific events;
(3) assesses the current available capabilities to
meet such communications needs;
(4) identifies the gap between such current
capabilities and defined requirements; and
(5) includes a national interoperable emergency
communications inventory to be completed by the
Secretary of Homeland Security, the Secretary of
Commerce, and the Chairman of the Federal
Communications Commission that--
(A) identifies for each Federal department
and agency--
(i) the channels and frequencies
used;
(ii) the nomenclature used to refer
to each channel or frequency used; and
(iii) the types of communications
systems and equipment used; and
(B) identifies the interoperable emergency
communications systems in use by public safety
agencies in the United States.
(b) Classified Annex.--The baseline assessment under this
section may include a classified annex including information
provided under subsection (a)(5)(A).
(c) Savings Clause.--In conducting the baseline assessment
under this section, the Secretary may incorporate findings from
assessments conducted before, or ongoing on, the date of
enactment of this title.
(d) Progress Reports.--Not later than one year after the
date of enactment of this section and biennially thereafter,
the Secretary, acting through the Director for Emergency
Communications, shall submit to Congress a report on the
progress of the Department in achieving the goals of, and
carrying out its responsibilities under, this title,
including--
(1) a description of the findings of the most
recent baseline assessment conducted under subsection
(a);
(2) a determination of the degree to which
interoperable emergency communications capabilities
have been attained to date and the gaps that remain for
interoperability to be achieved;
(3) an evaluation of the ability to continue to
communicate and to provide and maintain interoperable
emergency communications by emergency managers,
emergency response providers, and relevant government
officials in the event of--
(A) natural disasters, acts of terrorism,
or other man-made disasters, including
Incidents of National Significance declared by
the Secretary under the National Response Plan;
and
(B) a catastrophic loss of local and
regional communications services;
(4) a list of best practices relating to the
ability to continue to communicate and to provide and
maintain interoperable emergency communications in the
event of natural disasters, acts of terrorism, or other
man-made disasters; and
(A) an evaluation of the feasibility and
desirability of the Department developing, on
its own or in conjunction with the Department
of Defense, a mobile communications capability,
modeled on the Army Signal Corps, that could be
deployed to support emergency communications at
the site of natural disasters, acts of
terrorism, or other man-made disasters.
SEC. 1804. [6 U.S.C. 574] COORDINATION OF DEPARTMENT EMERGENCY
COMMUNICATIONS GRANT PROGRAMS.
(a) Coordination of Grants and Standards Programs.--The
Secretary, acting through the Director for Emergency
Communications, shall ensure that grant guidelines for the use
of homeland security assistance administered by the Department
relating to interoperable emergency communications are
coordinated and consistent with the goals and recommendations
in the National Emergency Communications Plan under section
1802.
(b) Denial of Eligibility for Grants.--
(1) In general.--The Secretary, acting through the
Assistant Secretary for Grants and Planning, and in
consultation with the Director for Emergency
Communications, may prohibit any State, local, or
tribal government from using homeland security
assistance administered by the Department to achieve,
maintain, or enhance emergency communications
capabilities, if--
(A) such government has not complied with
the requirement to submit a Statewide
Interoperable Communications Plan as required
by section 7303(f) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
194(f));
(B) such government has proposed to upgrade
or purchase new equipment or systems that do
not meet or exceed any applicable national
voluntary consensus standards and has not
provided a reasonable explanation of why such
equipment or systems will serve the needs of
the applicant better than equipment or systems
that meet or exceed such standards; and
(C) as of the date that is 3 years after
the date of the completion of the initial
National Emergency Communications Plan under
section 1802, national voluntary consensus
standards for interoperable emergency
communications capabilities have not been
developed and promulgated.
(2) Standards.--The Secretary, in coordination with
the Federal Communications Commission, the National
Institute of Standards and Technology, and other
Federal departments and agencies with responsibility
for standards, shall support the development,
promulgation, and updating as necessary of national
voluntary consensus standards for interoperable
emergency communications.
SEC. 1805. [6 U.S.C. 575] REGIONAL EMERGENCY COMMUNICATIONS
COORDINATION.
(a) In General.--There is established in each Regional
Office a Regional Emergency Communications Coordination Working
Group (in this section referred to as an ``RECC Working
Group''). Each RECC Working Group shall report to the relevant
Regional Administrator and coordinate its activities with the
relevant Regional Advisory Council.
(b) Membership.--Each RECC Working Group shall consist of
the following:
(1) Non-federal.--Organizations representing the
interests of the following:
(A) State officials.
(B) Local government officials, including
sheriffs.
(C) State police departments.
(D) Local police departments.
(E) Local fire departments.
(F) Public safety answering points (9-1-1
services).
(G) State emergency managers, homeland
security directors, or representatives of State
Administrative Agencies.
(H) Local emergency managers or homeland
security directors.
(I) Other emergency response providers as
appropriate.
(2) Federal.--Representatives from the Department,
the Federal Communications Commission, and other
Federal departments and agencies with responsibility
for coordinating interoperable emergency communications
with or providing emergency support services to State,
local, and tribal governments.
(c) Coordination.--Each RECC Working Group shall coordinate
its activities with the following:
(1) Communications equipment manufacturers and
vendors (including broadband data service providers).
(2) Local exchange carriers.
(3) Local broadcast media.
(4) Wireless carriers.
(5) Satellite communications services.
(6) Cable operators.
(7) Hospitals.
(8) Public utility services.
(9) Emergency evacuation transit services.
(10) Ambulance services.
(11) HAM and amateur radio operators.
(12) Representatives from other private sector
entities and nongovernmental organizations as the
Regional Administrator determines appropriate.
(d) Duties.--The duties of each RECC Working Group shall
include--
(1) assessing the survivability, sustainability,
and interoperability of local emergency communications
systems to meet the goals of the National Emergency
Communications Plan;
(2) reporting annually to the relevant Regional
Administrator, the Director for Emergency
Communications, the Chairman of the Federal
Communications Commission, and the Assistant Secretary
for Communications and Information of the Department of
Commerce on the status of its region in building robust
and sustainable interoperable voice and data emergency
communications networks and, not later than 60 days
after the completion of the initial National Emergency
Communications Plan under section 1802, on the progress
of the region in meeting the goals of such plan;
(3) ensuring a process for the coordination of
effective multijurisdictional, multi-agency emergency
communications networks for use during natural
disasters, acts of terrorism, and other man-made
disasters through the expanded use of emergency
management and public safety communications mutual aid
agreements; and
(4) coordinating the establishment of Federal,
State, local, and tribal support services and networks
designed to address the immediate and critical human
needs in responding to natural disasters, acts of
terrorism, and other man-made disasters.
SEC. 1806. [6 U.S.C. 576] EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.
(a) Establishment.--There is established the Emergency
Communications Preparedness Center (in this section referred to
as the ``Center'').
(b) Operation.--The Secretary, the Chairman of the Federal
Communications Commission, the Secretary of Defense, the
Secretary of Commerce, the Attorney General of the United
States, and the heads of other Federal departments and agencies
or their designees shall jointly operate the Center in
accordance with the Memorandum of Understanding entitled,
``Emergency Communications Preparedness Center (ECPC)
Charter''.
(c) Functions.--The Center shall--
(1) serve as the focal point for interagency
efforts and as a clearinghouse with respect to all
relevant intergovernmental information to support and
promote (including specifically by working to avoid
duplication, hindrances, and counteractive efforts
among the participating Federal departments and
agencies)--
(A) the ability of emergency response
providers and relevant government officials to
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-
made disasters; and
(B) interoperable emergency communications;
(2) prepare and submit to Congress, on an annual
basis, a strategic assessment regarding the
coordination efforts of Federal departments and
agencies to advance--
(A) the ability of emergency response
providers and relevant government officials to
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-
made disasters; and
(B) interoperable emergency communications;
(3) consider, in preparing the strategic assessment
under paragraph (2), the goals stated in the National
Emergency Communications Plan under section 1802; and
(4) perform such other functions as are provided in
the Emergency Communications Preparedness Center (ECPC)
Charter described in subsection (b)(1).
SEC. 1807. [6 U.S.C. 577] URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS
CAPABILITIES.
(a) In General.--The Secretary, in consultation with the
Chairman of the Federal Communications Commission and the
Secretary of Defense, and with appropriate State, local, and
tribal government officials, shall provide technical guidance,
training, and other assistance, as appropriate, to support the
rapid establishment of consistent, secure, and effective
interoperable emergency communications capabilities in the
event of an emergency in urban and other areas determined by
the Secretary to be at consistently high levels of risk from
natural disasters, acts of terrorism, and other man-made
disasters.
(b) Minimum Capabilities.--The interoperable emergency
communications capabilities established under subsection (a)
shall ensure the ability of all levels of government, emergency
response providers, the private sector, and other organizations
with emergency response capabilities--
(1) to communicate with each other in the event of
an emergency;
(2) to have appropriate and timely access to the
Information Sharing Environment described in section
1016 of the National Security Intelligence Reform Act
of 2004 (6 U.S.C. 321); and
(3) to be consistent with any applicable State or
Urban Area homeland strategy or plan.
SEC. 1808. [6 U.S.C. 578] DEFINITION.
In this title, the term ``interoperable'' has the meaning
given the term ``interoperable communications'' under section
7303(g)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 194(g)(1)).
SEC. 1809. [6 U.S.C. 579] INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT
PROGRAM.
(a) Establishment.--The Secretary shall establish the
Interoperable Emergency Communications Grant Program to make
grants to States to carry out initiatives to improve local,
tribal, statewide, regional, national and, where appropriate,
international interoperable emergency communications, including
communications in collective response to natural disasters,
acts of terrorism, and other man-made disasters.
(b) Policy.--The Director for Emergency Communications
shall ensure that a grant awarded to a State under this section
is consistent with the policies established pursuant to the
responsibilities and authorities of the Office of Emergency
Communications under this title, including ensuring that
activities funded by the grant--
(1) comply with the statewide plan for that State
required by section 7303(f) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f));
and
(2) comply with the National Emergency
Communications Plan under section 1802, when completed.
(c) Administration.--
(1) In general.--The Administrator of the Federal
Emergency Management Agency shall administer the
Interoperable Emergency Communications Grant Program
pursuant to the responsibilities and authorities of the
Administrator under title V of the Act.
(2) Guidance.--In administering the grant program,
the Administrator shall ensure that the use of grants
is consistent with guidance established by the Director
of Emergency Communications pursuant to section
7303(a)(1)(H) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(a)(1)(H)).
(d) Use of Funds.--A State that receives a grant under this
section shall use the grant to implement that State's Statewide
Interoperability Plan required under section 7303(f) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 194(f)) and approved under subsection (e), and to assist
with activities determined by the Secretary to be integral to
interoperable emergency communications.
(e) Approval of Plans.--
(1) Approval as condition of grant.--Before a State
may receive a grant under this section, the Director of
Emergency Communications shall approve the State's
Statewide Interoperable Communications Plan required
under section 7303(f) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).
(2) Plan requirements.--In approving a plan under
this subsection, the Director of Emergency
Communications shall ensure that the plan--
(A) is designed to improve interoperability
at the city, county, regional, State and
interstate level;
(B) considers any applicable local or
regional plan; and
(C) complies, to the maximum extent
practicable, with the National Emergency
Communications Plan under section 1802.
(3) Approval of revisions.--The Director of
Emergency Communications may approve revisions to a
State's plan if the Director determines that doing so
is likely to further interoperability.
(f) Limitations on Uses of Funds.--
(1) In general.--The recipient of a grant under
this section may not use the grant--
(A) to supplant State or local funds;
(B) for any State or local government cost-
sharing contribution; or
(C) for recreational or social purposes.
(2) Penalties.--In addition to other remedies
currently available, the Secretary may take such
actions as necessary to ensure that recipients of grant
funds are using the funds for the purpose for which
they were intended.
(g) Limitations on Award of Grants.--
(1) National emergency communications plan
required.--The Secretary may not award a grant under
this section before the date on which the Secretary
completes and submits to Congress the National
Emergency Communications Plan required under section
1802.
(2) Voluntary consensus standards.--The Secretary
may not award a grant to a State under this section for
the purchase of equipment that does not meet applicable
voluntary consensus standards, unless the State
demonstrates that there are compelling reasons for such
purchase.
(h) Award of Grants.--In approving applications and
awarding grants under this section, the Secretary shall
consider--
(1) the risk posed to each State by natural
disasters, acts of terrorism, or other manmade
disasters, including--
(A) the likely need of a jurisdiction
within the State to respond to such risk in
nearby jurisdictions;
(B) the degree of threat, vulnerability,
and consequences related to critical
infrastructure (from all critical
infrastructure sectors) or key resources
identified by the Administrator or the State
homeland security and emergency management
plans, including threats to, vulnerabilities
of, and consequences from damage to critical
infrastructure and key resources in nearby
jurisdictions;
(C) the size of the population and density
of the population of the State, including
appropriate consideration of military, tourist,
and commuter populations;
(D) whether the State is on or near an
international border;
(E) whether the State encompasses an
economically significant border crossing; and
(F) whether the State has a coastline
bordering an ocean, a major waterway used for
interstate commerce, or international waters;
and
(2) the anticipated effectiveness of the State's
proposed use of grant funds to improve
interoperability.
(i) Opportunity to Amend Applications.--In considering
applications for grants under this section, the Administrator
shall provide applicants with a reasonable opportunity to
correct defects in the application, if any, before making final
awards.
(j) Minimum Grant Amounts.--
(1) States.--In awarding grants under this section,
the Secretary shall ensure that for each fiscal year,
except as provided in paragraph (2), no State receives
a grant in an amount that is less than the following
percentage of the total amount appropriated for grants
under this section for that fiscal year:
(A) For fiscal year 2008, 0.50 percent.
(B) For fiscal year 2009, 0.50 percent.
(C) For fiscal year 2010, 0.45 percent.
(D) For fiscal year 2011, 0.40 percent.
(E) For fiscal year 2012 and each
subsequent fiscal year, 0.35 percent.
(2) Territories and possessions.--In awarding
grants under this section, the Secretary shall ensure
that for each fiscal year, American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and
the Virgin Islands each receive grants in amounts that
are not less than 0.08 percent of the total amount
appropriated for grants under this section for that
fiscal year.
(k) Certification.--Each State that receives a grant under
this section shall certify that the grant is used for the
purpose for which the funds were intended and in compliance
with the State's approved Statewide Interoperable
Communications Plan.
(l) State Responsibilities.--
(1) Availability of funds to local and tribal
governments.--Not later than 45 days after receiving
grant funds, any State that receives a grant under this
section shall obligate or otherwise make available to
local and tribal governments--
(A) not less than 80 percent of the grant
funds;
(B) with the consent of local and tribal
governments, eligible expenditures having a
value of not less than 80 percent of the amount
of the grant; or
(C) grant funds combined with other
eligible expenditures having a total value of
not less than 80 percent of the amount of the
grant.
(2) Allocation of funds.--A State that receives a
grant under this section shall allocate grant funds to
tribal governments in the State to assist tribal
communities in improving interoperable communications,
in a manner consistent with the Statewide Interoperable
Communications Plan. A State may not impose
unreasonable or unduly burdensome requirements on a
tribal government as a condition of providing grant
funds or resources to the tribal government.
(3) Penalties.--If a State violates the
requirements of this subsection, in addition to other
remedies available to the Secretary, the Secretary may
terminate or reduce the amount of the grant awarded to
that State or transfer grant funds previously awarded
to the State directly to the appropriate local or
tribal government.
(m) Reports.--
(1) Annual reports by state grant recipients.--A
State that receives a grant under this section shall
annually submit to the Director of Emergency
Communications a report on the progress of the State in
implementing that State's Statewide Interoperable
Communications Plans required under section 7303(f) of
the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 194(f)) and achieving interoperability
at the city, county, regional, State, and interstate
levels. The Director shall make the reports publicly
available, including by making them available on the
Internet website of the Office of Emergency
Communications, subject to any redactions that the
Director determines are necessary to protect classified
or other sensitive information.
(2) Annual reports to congress.--At least once each
year, the Director of Emergency Communications shall
submit to Congress a report on the use of grants
awarded under this section and any progress in
implementing Statewide Interoperable Communications
Plans and improving interoperability at the city,
county, regional, State, and interstate level, as a
result of the award of such grants.
(n) Rule of Construction.--Nothing in this section shall be
construed or interpreted to preclude a State from using a grant
awarded under this section for interim or long-term Internet
Protocol-based interoperable solutions.
(o) Authorization of Appropriations.--There are authorized
to be appropriated for grants under this section--
(1) for fiscal year 2008, such sums as may be
necessary;
(2) for each of fiscal years 2009 through 2012,
$400,000,000; and
(3) for each subsequent fiscal year, such sums as
may be necessary.
SEC. 1810. [6 U.S.C. 580] BORDER INTEROPERABILITY DEMONSTRATION
PROJECT.
(a) In General.--
(1) Establishment.--The Secretary, acting through
the Director of the Office of Emergency Communications
(referred to in this section as the ``Director''), and
in coordination with the Federal Communications
Commission and the Secretary of Commerce, shall
establish an International Border Community
Interoperable Communications Demonstration Project
(referred to in this section as the ``demonstration
project'').
(2) Minimum number of communities.--The Director
shall select no fewer than 6 communities to participate
in a demonstration project.
(3) Location of communities.--No fewer than 3 of
the communities selected under paragraph (2) shall be
located on the northern border of the United States and
no fewer than 3 of the communities selected under
paragraph (2) shall be located on the southern border
of the United States.
(b) Conditions.--The Director, in coordination with the
Federal Communications Commission and the Secretary of
Commerce, shall ensure that the project is carried out as soon
as adequate spectrum is available as a result of the 800
megahertz rebanding process in border areas, and shall ensure
that the border projects do not impair or impede the rebanding
process, but under no circumstances shall funds be distributed
under this section unless the Federal Communications Commission
and the Secretary of Commerce agree that these conditions have
been met.
(c) Program Requirements.--Consistent with the
responsibilities of the Office of Emergency Communications
under section 1801, the Director shall foster local, tribal,
State, and Federal interoperable emergency communications, as
well as interoperable emergency communications with appropriate
Canadian and Mexican authorities in the communities selected
for the demonstration project. The Director shall--
(1) identify solutions to facilitate interoperable
communications across national borders expeditiously;
(2) help ensure that emergency response providers
can communicate with each other in the event of natural
disasters, acts of terrorism, and other man-made
disasters;
(3) provide technical assistance to enable
emergency response providers to deal with threats and
contingencies in a variety of environments;
(4) identify appropriate joint-use equipment to
ensure communications access;
(5) identify solutions to facilitate communications
between emergency response providers in communities of
differing population densities; and
(6) take other actions or provide equipment as the
Director deems appropriate to foster interoperable
emergency communications.
(d) Distribution of Funds.--
(1) In general.--The Secretary shall distribute
funds under this section to each community
participating in the demonstration project through the
State, or States, in which each community is located.
(2) Other participants.--A State shall make the
funds available promptly to the local and tribal
governments and emergency response providers selected
by the Secretary to participate in the demonstration
project.
(3) Report.--Not later than 90 days after a State
receives funds under this subsection the State shall
report to the Director on the status of the
distribution of such funds to local and tribal
governments.
(e) Maximum Period of Grants.--The Director may not fund
any participant under the demonstration project for more than 3
years.
(f) Transfer of Information and Knowledge.--The Director
shall establish mechanisms to ensure that the information and
knowledge gained by participants in the demonstration project
are transferred among the participants and to other interested
parties, including other communities that submitted
applications to the participant in the project.
(g) Authorization of Appropriations.--There is authorized
to be appropriated for grants under this section such sums as
may be necessary.
TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
SEC. 1901. [6 U.S.C. 591] DOMESTIC NUCLEAR DETECTION OFFICE.
(a) Establishment.--There shall be established in the
Department a Domestic Nuclear Detection Office (referred to in
this title as the ``Office''). The Secretary may request that
the Secretary of Defense, the Secretary of Energy, the
Secretary of State, the Attorney General, the Nuclear
Regulatory Commission, and the directors of other Federal
agencies, including elements of the Intelligence Community,
provide for the reimbursable detail of personnel with relevant
expertise to the Office.
(b) Director.--The Office shall be headed by a Director for
Domestic Nuclear Detection, who shall be appointed by the
President.
SEC. 1902. [6 U.S.C. 592] MISSION OF OFFICE.
(a) Mission.--The Office shall be responsible for
coordinating Federal efforts to detect and protect against the
unauthorized importation, possession, storage, transportation,
development, or use of a nuclear explosive device, fissile
material, or radiological material in the United States, and to
protect against attack using such devices or materials against
the people, territory, or interests of the United States and,
to this end, shall--
(1) serve as the primary entity of the United
States Government to further develop, acquire, and
support the deployment of an enhanced domestic system
to detect and report on attempts to import, possess,
store, transport, develop, or use an unauthorized
nuclear explosive device, fissile material, or
radiological material in the United States, and improve
that system over time;
(2) enhance and coordinate the nuclear detection
efforts of Federal, State, local, and tribal
governments and the private sector to ensure a managed,
coordinated response;
(3) establish, with the approval of the Secretary
and in coordination with the Attorney General, the
Secretary of Defense, and the Secretary of Energy,
additional protocols and procedures for use within the
United States to ensure that the detection of
unauthorized nuclear explosive devices, fissile
material, or radiological material is promptly reported
to the Attorney General, the Secretary, the Secretary
of Defense, the Secretary of Energy, and other
appropriate officials or their respective designees for
appropriate action by law enforcement, military,
emergency response, or other authorities;
(4) develop, with the approval of the Secretary and
in coordination with the Attorney General, the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, an enhanced global nuclear
detection architecture with implementation under
which--
(A) the Office will be responsible for the
implementation of the domestic portion of the
global architecture;
(B) the Secretary of Defense will retain
responsibility for implementation of Department
of Defense requirements within and outside the
United States; and
(C) the Secretary of State, the Secretary
of Defense, and the Secretary of Energy will
maintain their respective responsibilities for
policy guidance and implementation of the
portion of the global architecture outside the
United States, which will be implemented
consistent with applicable law and relevant
international arrangements;
(5) ensure that the expertise necessary to
accurately interpret detection data is made available
in a timely manner for all technology deployed by the
Office to implement the global nuclear detection
architecture;
(6) conduct, support, coordinate, and encourage an
aggressive, expedited, evolutionary, and
transformational program of research and development to
generate and improve technologies to detect and prevent
the illicit entry, transport, assembly, or potential
use within the United States of a nuclear explosive
device or fissile or radiological material, and
coordinate with the Under Secretary for Science and
Technology on basic and advanced or transformational
research and development efforts relevant to the
mission of both organizations;
(7) carry out a program to test and evaluate
technology for detecting a nuclear explosive device and
fissile or radiological material, in coordination with
the Secretary of Defense and the Secretary of Energy,
as appropriate, and establish performance metrics for
evaluating the effectiveness of individual detectors
and detection systems in detecting such devices or
material--
(A) under realistic operational and
environmental conditions; and
(B) against realistic adversary tactics and
countermeasures;
(8) support and enhance the effective sharing and
use of appropriate information generated by the
intelligence community, law enforcement agencies,
counterterrorism community, other government agencies,
and foreign governments, as well as provide appropriate
information to such entities;
(9) further enhance and maintain continuous
awareness by analyzing information from all Office
mission-related detection systems; and
(10) perform other duties as assigned by the
Secretary.
SEC. 1903. [6 U.S.C. 593] HIRING AUTHORITY.
In hiring personnel for the Office, the Secretary shall
have the hiring and management authorities provided in section
1101 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (5 U.S.C. 3104 note). The term of
appointments for employees under subsection (c)(1) of such
section may not exceed 5 years before granting any extension
under subsection (c)(2) of such section.
SEC. 1904. [6 U.S.C. 594] TESTING AUTHORITY.
(a) In General.--The Director shall coordinate with the
responsible Federal agency or other entity to facilitate the
use by the Office, by its contractors, or by other persons or
entities, of existing Government laboratories, centers, ranges,
or other testing facilities for the testing of materials,
equipment, models, computer software, and other items as may be
related to the missions identified in section 1902. Any such
use of Government facilities shall be carried out in accordance
with all applicable laws, regulations, and contractual
provisions, including those governing security, safety, and
environmental protection, including, when applicable, the
provisions of section 309. The Office may direct that private

sector entities utilizing Government facilities in accordance
with this section pay an appropriate fee to the agency that
owns or operates those facilities to defray additional costs to
the Government resulting from such use.
(b) Confidentiality of Test Results.--The results of tests
performed with services made available shall be confidential
and shall not be disclosed outside the Federal Government
without the consent of the persons for whom the tests are
performed.
(c) Fees.--Fees for services made available under this
section shall not exceed the amount necessary to recoup the
direct and indirect costs involved, such as direct costs of
utilities, contractor support, and salaries of personnel that
are incurred by the United States to provide for the testing.
(d) Use of Fees.--Fees received for services made available
under this section may be credited to the appropriation from
which funds were expended to provide such services.
SEC. 1905. [6 U.S.C. 595] RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND
FEDERAL AGENCIES.
The authority of the Director under this title shall not
affect the authorities or responsibilities of any officer of
the Department or of any officer of any other department or
agency of the United States with respect to the command,
control, or direction of the functions, personnel, funds,
assets, and liabilities of any entity within the Department or
any Federal department or agency.
SEC. 1906. [6 U.S.C. 596] CONTRACTING AND GRANT MAKING AUTHORITIES.
The Secretary, acting through the Director for Domestic
Nuclear Detection, in carrying out the responsibilities under
paragraphs (6) and (7) of section 1902(a), shall--
(1) operate extramural and intramural programs and
distribute funds through grants, cooperative
agreements, and other transactions and contracts;
(2) ensure that activities under paragraphs (6) and
(7) of section 1902(a) include investigations of
radiation detection equipment in configurations
suitable for deployment at seaports, which may include
underwater or water surface detection equipment and
detection equipment that can be mounted on cranes and
straddle cars used to move shipping containers; and
(3) have the authority to establish or contract
with 1 or more federally funded research and
development centers to provide independent analysis of
homeland security issues and carry out other
responsibilities under this title.
SEC. 1907. [6 U.S.C. 596A] JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL
NUCLEAR DETECTION ARCHITECTURE.
(a) Annual Review.--
(1) In general.--The Secretary, the Attorney
General, the Secretary of State, the Secretary of
Defense, the Secretary of Energy, and the Director of
National Intelligence shall jointly ensure interagency
coordination on the development and implementation of
the global nuclear detection architecture by ensuring
that, not less frequently than once each year--
(A) each relevant agency, office, or
entity--
(i) assesses its involvement,
support, and participation in the
development, revision, and
implementation of the global nuclear
detection architecture; and
(ii) examines and evaluates
components of the global nuclear
detection architecture (including
associated strategies and acquisition
plans) relating to the operations of
that agency, office, or entity, to
determine whether such components
incorporate and address current threat
assessments, scenarios, or intelligence
analyses developed by the Director of
National Intelligence or other agencies
regarding threats relating to nuclear
or radiological weapons of mass
destruction; and
(B) each agency, office, or entity
deploying or operating any nuclear or
radiological detection technology under the
global nuclear detection architecture--
(i) evaluates the deployment and
operation of nuclear or radiological
detection technologies under the global
nuclear detection architecture by that
agency, office, or entity;
(ii) identifies performance
deficiencies and operational or
technical deficiencies in nuclear or
radiological detection technologies
deployed under the global nuclear
detection architecture; and
(iii) assesses the capacity of that
agency, office, or entity to implement
the responsibilities of that agency,
office, or entity under the global
nuclear detection architecture.
(2) Technology.--Not less frequently than once each
year, the Secretary shall examine and evaluate the
development, assessment, and acquisition of radiation
detection technologies deployed or implemented in
support of the domestic portion of the global nuclear
detection architecture.
(b) Annual Report on Joint Interagency Review.--
(1) In general.--Not later than March 31 of each
year, the Secretary, the Attorney General, the
Secretary of State, the Secretary of Defense, the
Secretary of Energy, and the Director of National
Intelligence, shall jointly submit a report regarding
the implementation of this section and the results of
the reviews required under subsection (a) to--
(A) the President;
(B) the Committee on Appropriations, the
Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on
Homeland Security and Governmental Affairs of
the Senate; and
(C) the Committee on Appropriations, the
Committee on Armed Services, the Permanent
Select Committee on Intelligence, the Committee
on Homeland Security, and the Committee on
Science and Technology of the House of
Representatives.
(2) Form.--The annual report submitted under
paragraph (1) shall be submitted in unclassified form
to the maximum extent practicable, but may include a
classified annex.
(c) Definition.--In this section, the term ``global nuclear
detection architecture'' means the global nuclear detection
architecture developed under section 1902.
TITLE XX--HOMELAND SECURITY GRANTS
SEC. 2001. [6 U.S.C. 601] DEFINITIONS.
In this title, the following definitions shall apply:
(1) Administrator.--The term ``Administrator''
means the Administrator of the Federal Emergency
Management Agency.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) those committees of the House of
Representatives that the Speaker of the House
of Representatives determines appropriate.
(3) Critical infrastructure sectors.--The term
``critical infrastructure sectors'' means the following
sectors, in both urban and rural areas:
(A) Agriculture and food.
(B) Banking and finance.
(C) Chemical industries.
(D) Commercial facilities.
(E) Commercial nuclear reactors, materials,
and waste.
(F) Dams.
(G) The defense industrial base.
(H) Emergency services.
(I) Energy.
(J) Government facilities.
(K) Information technology.
(L) National monuments and icons.
(M) Postal and shipping.
(N) Public health and health care.
(O) Telecommunications.
(P) Transportation systems.
(Q) Water.
(4) Directly eligible tribe.--The term ``directly
eligible tribe'' means--
(A) any Indian tribe--
(i) that is located in the
continental United States;
(ii) that operates a law
enforcement or emergency response
agency with the capacity to respond to
calls for law enforcement or emergency
services;
(iii)(I) that is located on or near
an international border or a coastline
bordering an ocean (including the Gulf
of Mexico) or international waters;
(II) that is located within 10
miles of a system or asset included on
the prioritized critical infrastructure
list established under section
210E(a)(2) or has such a system or
asset within its territory;
(III) that is located within or
contiguous to 1 of the 50 most populous
metropolitan statistical areas in the
United States; or
(IV) the jurisdiction of which
includes not less than 1,000 square
miles of Indian country, as that term
is defined in section 1151 of title 18,
United States Code; and
(iv) that certifies to the
Secretary that a State has not provided
funds under section 2003 or 2004 to the
Indian tribe or consortium of Indian
tribes for the purpose for which direct
funding is sought; and
(B) a consortium of Indian tribes, if each
tribe satisfies the requirements of
subparagraph (A).
(5) Eligible metropolitan area.--The term
``eligible metropolitan area'' means any of the 100
most populous metropolitan statistical areas in the
United States.
(6) High-risk urban area.--The term ``high-risk
urban area'' means a high-risk urban area designated
under section 2003(b)(3)(A).
(7) Indian tribe.--The term ``Indian tribe'' has
the meaning given that term in section 4(e) of the
Indian Self-Determination Act (25 U.S.C. 450b(e)).
(8) Metropolitan statistical area.--The term
``metropolitan statistical area'' means a metropolitan
statistical area, as defined by the Office of
Management and Budget.
(9) National special security event.--The term
``National Special Security Event'' means a designated
event that, by virtue of its political, economic,
social, or religious significance, may be the target of
terrorism or other criminal activity.
(10) Population.--The term ``population'' means
population according to the most recent United States
census population estimates available at the start of
the relevant fiscal year.
(11) Population density.--The term ``population
density'' means population divided by land area in
square miles.
(12) Qualified intelligence analyst.--The term
``qualified intelligence analyst'' means an
intelligence analyst (as that term is defined in
section 210A(j)), including law enforcement personnel--
(A) who has successfully completed training
to ensure baseline proficiency in intelligence
analysis and production, as determined by the
Secretary, which may include training using a
curriculum developed under section 209; or
(B) whose experience ensures baseline
proficiency in intelligence analysis and
production equivalent to the training required
under subparagraph (A), as determined by the
Secretary.
(13) Target capabilities.--The term ``target
capabilities'' means the target capabilities for
Federal, State, local, and tribal government
preparedness for which guidelines are required to be
established under section 646(a) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C.
746(a)).
(14) Tribal government.--The term ``tribal
government'' means the government of an Indian tribe.
Subtitle A--Grants to States and High-Risk Urban Areas
SEC. 2002. [6 U.S.C. 603] HOMELAND SECURITY GRANT PROGRAMS.
(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003 and 2004 to
State, local, and tribal governments.
(b) Programs Not Affected.--This subtitle shall not be
construed to affect any of the following Federal programs:
(1) Firefighter and other assistance programs
authorized under the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.).
(2) Grants authorized under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
(3) Emergency Management Performance Grants under
the amendments made by title II of the Implementing
Recommendations of the 9/11 Commission Act of 2007.
(4) Grants to protect critical infrastructure,
including port security grants authorized under section
70107 of title 46, United States Code, and the grants
authorized under title XIV and XV of the Implementing
Recommendations of the 9/11 Commission Act of 2007 and
the amendments made by such titles.
(5) The Metropolitan Medical Response System
authorized under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(6) The Interoperable Emergency Communications
Grant Program authorized under title XVIII.
(7) Grant programs other than those administered by
the Department.
(c) Relationship to Other Laws.--
(1) In general.--The grant programs authorized
under sections 2003 and 2004 shall supercede all grant
programs authorized under section 1014 of the USA
PATRIOT Act (42 U.S.C. 3714).
(2) Allocation.--The allocation of grants
authorized under section 2003 or 2004 shall be governed
by the terms of this subtitle and not by any other
provision of law.
SEC. 2003. [6 U.S.C. 604] URBAN AREA SECURITY INITIATIVE.
(a) Establishment.--There is established an Urban Area
Security Initiative to provide grants to assist high-risk urban
areas in preventing, preparing for, protecting against, and
responding to acts of terrorism.
(b) Assessment and Designation of High-Risk Urban Areas.--
(1) In general.--The Administrator shall designate
high-risk urban areas to receive grants under this
section based on procedures under this subsection.
(2) Initial assessment.--
(A) In general.--For each fiscal year, the
Administrator shall conduct an initial
assessment of the relative threat,
vulnerability, and consequences from acts of
terrorism faced by each eligible metropolitan
area, including consideration of--
(i) the factors set forth in
subparagraphs (A) through (H) and (K)
of section 2007(a)(1); and
(ii) information and materials
submitted under subparagraph (B).
(B) Submission of information by eligible
metropolitan areas.--Prior to conducting each
initial assessment under subparagraph (A), the
Administrator shall provide each eligible
metropolitan area with, and shall notify each
eligible metropolitan area of, the opportunity
to--
(i) submit information that the
eligible metropolitan area believes to
be relevant to the determination of the
threat, vulnerability, and consequences
it faces from acts of terrorism; and
(ii) review the risk assessment
conducted by the Department of that
eligible metropolitan area, including
the bases for the assessment by the
Department of the threat,
vulnerability, and consequences from
acts of terrorism faced by that
eligible metropolitan area, and remedy
erroneous or incomplete information.
(3) Designation of high-risk urban areas.--
(A) Designation.--
(i) In general.--For each fiscal
year, after conducting the initial
assessment under paragraph (2), and
based on that assessment, the
Administrator shall designate high-risk
urban areas that may submit
applications for grants under this
section.
(ii) Additional areas.--
Notwithstanding paragraph (2), the
Administrator may--
(I) in any case where an
eligible metropolitan area
consists of more than 1
metropolitan division (as that
term is defined by the Office
of Management and Budget)
designate more than 1 high-risk
urban area within a single
eligible metropolitan area; and
(II) designate an area that
is not an eligible metropolitan
area as a high-risk urban area
based on the assessment by the
Administrator of the relative
threat, vulnerability, and
consequences from acts of
terrorism faced by the area.
(iii) Rule of construction.--
Nothing in this subsection may be
construed to require the Administrator
to--
(I) designate all eligible
metropolitan areas that submit
information to the
Administrator under paragraph
(2)(B)(i) as high-risk urban
areas; or
(II) designate all areas
within an eligible metropolitan
area as part of the high-risk
urban area.
(B) Jurisdictions included in high-risk
urban areas.--
(i) In general.--In designating
high-risk urban areas under
subparagraph (A), the Administrator
shall determine which jurisdictions, at
a minimum, shall be included in each
high-risk urban area.
(ii) Additional jurisdictions.--A
high-risk urban area designated by the
Administrator may, in consultation with
the State or States in which such high-
risk urban area is located, add
additional jurisdictions to the high-
risk urban area.
(c) Application.--
(1) In general.--An area designated as a high-risk
urban area under subsection (b) may apply for a grant
under this section.
(2) Minimum contents of application.--In an
application for a grant under this section, a high-risk
urban area shall submit--
(A) a plan describing the proposed division
of responsibilities and distribution of funding
among the local and tribal governments in the
high-risk urban area;
(B) the name of an individual to serve as a
high-risk urban area liaison with the
Department and among the various jurisdictions
in the high-risk urban area; and
(C) such information in support of the
application as the Administrator may reasonably
require.
(3) Annual applications.--Applicants for grants
under this section shall apply or reapply on an annual
basis.
(4) State review and transmission.--
(A) In general.--To ensure consistency with
State homeland security plans, a high-risk
urban area applying for a grant under this
section shall submit its application to each
State within which any part of that high-risk
urban area is located for review before
submission of such application to the
Department.
(B) Deadline.--Not later than 30 days after
receiving an application from a high-risk urban
area under subparagraph (A), a State shall
transmit the application to the Department.
(C) Opportunity for state comment.--If the
Governor of a State determines that an
application of a high-risk urban area is
inconsistent with the State homeland security
plan of that State, or otherwise does not
support the application, the Governor shall--
(i) notify the Administrator, in
writing, of that fact; and
(ii) provide an explanation of the
reason for not supporting the
application at the time of transmission
of the application.
(5) Opportunity to amend.--In considering
applications for grants under this section, the
Administrator shall provide applicants with a
reasonable opportunity to correct defects in the
application, if any, before making final awards.
(d) Distribution of Awards.--
(1) In general.--If the Administrator approves the
application of a high-risk urban area for a grant under
this section, the Administrator shall distribute the
grant funds to the State or States in which that high-
risk urban area is located.
(2) State distribution of funds.--
(A) In general.--Not later than 45 days
after the date that a State receives grant
funds under paragraph (1), that State shall
provide the high-risk urban area awarded that
grant not less than 80 percent of the grant
funds. Any funds retained by a State shall be
expended on items, services, or activities that
benefit the high-risk urban area.
(B) Funds retained.--A State shall provide
each relevant high-risk urban area with an
accounting of the items, services, or
activities on which any funds retained by the
State under subparagraph (A) were expended.
(3) Interstate urban areas.--If parts of a high-
risk urban area awarded a grant under this section are
located in 2 or more States, the Administrator shall
distribute to each such State--
(A) a portion of the grant funds in
accordance with the proposed distribution set
forth in the application; or
(B) if no agreement on distribution has
been reached, a portion of the grant funds
determined by the Administrator to be
appropriate.
(4) Certifications regarding distribution of grant
funds to high-risk urban areas.--A State that receives
grant funds under paragraph (1) shall certify to the
Administrator that the State has made available to the
applicable high-risk urban area the required funds
under paragraph (2).
(e) Authorization of Appropriations.--There are authorized
to be appropriated for grants under this section--
(1) $850,000,000 for fiscal year 2008;
(2) $950,000,000 for fiscal year 2009;
(3) $1,050,000,000 for fiscal year 2010;
(4) $1,150,000,000 for fiscal year 2011;
(5) $1,300,000,000 for fiscal year 2012; and
(6) such sums as are necessary for fiscal year
2013, and each fiscal year thereafter.
SEC. 2004. [6 U.S.C. 605] STATE HOMELAND SECURITY GRANT PROGRAM.
(a) Establishment.--There is established a State Homeland
Security Grant Program to assist State, local, and tribal
governments in preventing, preparing for, protecting against,
and responding to acts of terrorism.
(b) Application.--
(1) In general.--Each State may apply for a grant
under this section, and shall submit such information
in support of the application as the Administrator may
reasonably require.
(2) Minimum contents of application.--The
Administrator shall require that each State include in
its application, at a minimum--
(A) the purpose for which the State seeks
grant funds and the reasons why the State needs
the grant to meet the target capabilities of
that State;
(B) a description of how the State plans to
allocate the grant funds to local governments
and Indian tribes; and
(C) a budget showing how the State intends
to expend the grant funds.
(3) Annual applications.--Applicants for grants
under this section shall apply or reapply on an annual
basis.
(c) Distribution to Local and Tribal Governments.--
(1) In general.--Not later than 45 days after
receiving grant funds, any State receiving a grant
under this section shall make available to local and
tribal governments, consistent with the applicable
State homeland security plan--
(A) not less than 80 percent of the grant
funds;
(B) with the consent of local and tribal
governments, items, services, or activities
having a value of not less than 80 percent of
the amount of the grant; or
(C) with the consent of local and tribal
governments, grant funds combined with other
items, services, or activities having a total
value of not less than 80 percent of the amount
of the grant.
(2) Certifications regarding distribution of grant
funds to local governments.--A State shall certify to
the Administrator that the State has made the
distribution to local and tribal governments required
under paragraph (1).
(3) Extension of period.--The Governor of a State
may request in writing that the Administrator extend
the period under paragraph (1) for an additional period
of time. The Administrator may approve such a request
if the Administrator determines that the resulting
delay in providing grant funding to the local and
tribal governments is necessary to promote effective
investments to prevent, prepare for, protect against,
or respond to acts of terrorism.
(4) Exception.--Paragraph (1) shall not apply to
the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, or the Virgin Islands.
(5) Direct funding.--If a State fails to make the
distribution to local or tribal governments required
under paragraph (1) in a timely fashion, a local or
tribal government entitled to receive such distribution
may petition the Administrator to request that grant
funds be provided directly to the local or tribal
government.
(d) Multistate Applications.--
(1) In general.--Instead of, or in addition to, any
application for a grant under subsection (b), 2 or more
States may submit an application for a grant under this
section in support of multistate efforts to prevent,
prepare for, protect against, and respond to acts of
terrorism.
(2) Administration of grant.--If a group of States
applies for a grant under this section, such States
shall submit to the Administrator at the time of
application a plan describing--
(A) the division of responsibilities for
administering the grant; and
(B) the distribution of funding among the
States that are parties to the application.
(e) Minimum Allocation.--
(1) In general.--In allocating funds under this
section, the Administrator shall ensure that--
(A) except as provided in subparagraph (B),
each State receives, from the funds
appropriated for the State Homeland Security
Grant Program established under this section,
not less than an amount equal to--
(i) 0.375 percent of the total
funds appropriated for grants under
this section and section 2003 in fiscal
year 2008;
(ii) 0.365 percent of the total
funds appropriated for grants under
this section and section 2003 in fiscal
year 2009;
(iii) 0.36 percent of the total
funds appropriated for grants under
this section and section 2003 in fiscal
year 2010;
(iv) 0.355 percent of the total
funds appropriated for grants under
this section and section 2003 in fiscal
year 2011; and
(v) 0.35 percent of the total funds
appropriated for grants under this
section and section 2003 in fiscal year
2012 and in each fiscal year
thereafter; and
(B) for each fiscal year, American Samoa,
the Commonwealth of the Northern Mariana
Islands, Guam, and the Virgin Islands each
receive, from the funds appropriated for the
State Homeland Security Grant Program
established under this section, not less than
an amount equal to 0.08 percent of the total
funds appropriated for grants under this
section and section 2003.
(2) Effect of multistate award on state minimum.--
Any portion of a multistate award provided to a State
under subsection (d) shall be considered in calculating
the minimum State allocation under this subsection.
(f) Authorization of Appropriations.--There are authorized
to be appropriated for grants under this section--
(1) $950,000,000 for each of fiscal years 2008
through 2012; and
(2) such sums as are necessary for fiscal year
2013, and each fiscal year thereafter.
SEC. 2005. [6 U.S.C. 606] GRANTS TO DIRECTLY ELIGIBLE TRIBES.
(a) In General.--Notwithstanding section 2004(b), the
Administrator may award grants to directly eligible tribes
under section 2004.
(b) Tribal Applications.--A directly eligible tribe may
apply for a grant under section 2004 by submitting an
application to the Administrator that includes, as appropriate,
the information required for an application by a State under
section 2004(b).
(c) Consistency With State Plans.--
(1) In general.--To ensure consistency with any
applicable State homeland security plan, a directly
eligible tribe applying for a grant under section 2004
shall provide a copy of its application to each State
within which any part of the tribe is located for
review before the tribe submits such application to the
Department.
(2) Opportunity for comment.--If the Governor of a
State determines that the application of a directly
eligible tribe is inconsistent with the State homeland
security plan of that State, or otherwise does not
support the application, not later than 30 days after
the date of receipt of that application the Governor
shall--
(A) notify the Administrator, in writing,
of that fact; and
(B) provide an explanation of the reason
for not supporting the application.
(d) Final Authority.--The Administrator shall have final
authority to approve any application of a directly eligible
tribe. The Administrator shall notify each State within the
boundaries of which any part of a directly eligible tribe is
located of the approval of an application by the tribe.
(e) Prioritization.--The Administrator shall allocate funds
to directly eligible tribes in accordance with the factors
applicable to allocating funds among States under section 2007.
(f) Distribution of Awards to Directly Eligible Tribes.--If
the Administrator awards funds to a directly eligible tribe
under this section, the Administrator shall distribute the
grant funds directly to the tribe and not through any State.
(g) Minimum Allocation.--
(1) In general.--In allocating funds under this
section, the Administrator shall ensure that, for each
fiscal year, directly eligible tribes collectively
receive, from the funds appropriated for the State
Homeland Security Grant Program established under
section 2004, not less than an amount equal to 0.1
percent of the total funds appropriated for grants
under sections 2003 and 2004.
(2) Exception.--This subsection shall not apply in
any fiscal year in which the Administrator--
(A) receives fewer than 5 applications
under this section; or
(B) does not approve at least 2
applications under this section.
(h) Tribal Liaison.--A directly eligible tribe applying for
a grant under section 2004 shall designate an individual to
serve as a tribal liaison with the Department and other
Federal, State, local, and regional government officials
concerning preventing, preparing for, protecting against, and
responding to acts of terrorism.
(i) Eligibility for Other Funds.--A directly eligible tribe
that receives a grant under section 2004 may receive funds for
other purposes under a grant from the State or States within
the boundaries of which any part of such tribe is located and
from any high-risk urban area of which it is a part, consistent
with the homeland security plan of the State or high-risk urban
area.
(j) State Obligations.--
(1) In general.--States shall be responsible for
allocating grant funds received under section 2004 to
tribal governments in order to help those tribal
communities achieve target capabilities not achieved
through grants to directly eligible tribes.
(2) Distribution of grant funds.--With respect to a
grant to a State under section 2004, an Indian tribe
shall be eligible for funding directly from that State,
and shall not be required to seek funding from any
local government.
(3) Imposition of requirements.--A State may not
impose unreasonable or unduly burdensome requirements
on an Indian tribe as a condition of providing the
Indian tribe with grant funds or resources under
section 2004.
(k) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of an Indian tribe that
receives funds under this subtitle.
SEC. 2006. [6 U.S.C. 607] TERRORISM PREVENTION.
(a) Law Enforcement Terrorism Prevention Program.--
(1) In general.--The Administrator shall ensure
that not less than 25 percent of the total combined
funds appropriated for grants under sections 2003 and
2004 is used for law enforcement terrorism prevention
activities.
(2) Law enforcement terrorism prevention
activities.--Law enforcement terrorism prevention
activities include--
(A) information sharing and analysis;
(B) target hardening;
(C) threat recognition;
(D) terrorist interdiction;
(E) overtime expenses consistent with a
State homeland security plan, including for the
provision of enhanced law enforcement
operations in support of Federal agencies,
including for increased border security and
border crossing enforcement;
(F) establishing, enhancing, and staffing
with appropriately qualified personnel State,
local, and regional fusion centers that comply
with the guidelines established under section
210A(i);
(G) paying salaries and benefits for
personnel, including individuals employed by
the grant recipient on the date of the relevant
grant application, to serve as qualified
intelligence analysts;
(H) any other activity permitted under the
Fiscal Year 2007 Program Guidance of the
Department for the Law Enforcement Terrorism
Prevention Program; and
(I) any other terrorism prevention activity
authorized by the Administrator.
(3) Participation of underrepresented communities
in fusion centers.--The Administrator shall ensure that
grant funds described in paragraph (1) are used to
support the participation, as appropriate, of law
enforcement and other emergency response providers from
rural and other underrepresented communities at risk
from acts of terrorism in fusion centers.
(b) Office for State and Local Law Enforcement.--
(1) Establishment.--There is established in the
Policy Directorate of the Department an Office for
State and Local Law Enforcement, which shall be headed
by an Assistant Secretary for State and Local Law
Enforcement.
(2) Qualifications.--The Assistant Secretary for
State and Local Law Enforcement shall have an
appropriate background with experience in law
enforcement, intelligence, and other counterterrorism
functions.
(3) Assignment of personnel.--The Secretary shall
assign to the Office for State and Local Law
Enforcement permanent staff and, as appropriate and
consistent with sections 506(c)(2), 821, and 888(d),
other appropriate personnel detailed from other
components of the Department to carry out the
responsibilities under this subsection.
(4) Responsibilities.--The Assistant Secretary for
State and Local Law Enforcement shall--
(A) lead the coordination of Department-
wide policies relating to the role of State and
local law enforcement in preventing, preparing
for, protecting against, and responding to
natural disasters, acts of terrorism, and other
man-made disasters within the United States;
(B) serve as a liaison between State,
local, and tribal law enforcement agencies and
the Department;
(C) coordinate with the Office of
Intelligence and Analysis to ensure the
intelligence and information sharing
requirements of State, local, and tribal law
enforcement agencies are being addressed;
(D) work with the Administrator to ensure
that law enforcement and terrorism-focused
grants to State, local, and tribal government
agencies, including grants under sections 2003
and 2004, the Commercial Equipment Direct
Assistance Program, and other grants
administered by the Department to support
fusion centers and law enforcement-oriented
programs, are appropriately focused on
terrorism prevention activities;
(E) coordinate with the Science and
Technology Directorate, the Federal Emergency
Management Agency, the Department of Justice,
the National Institute of Justice, law
enforcement organizations, and other
appropriate entities to support the
development, promulgation, and updating, as
necessary, of national voluntary consensus
standards for training and personal protective
equipment to be used in a tactical environment
by law enforcement officers; and
(F) conduct, jointly with the
Administrator, a study to determine the
efficacy and feasibility of establishing
specialized law enforcement deployment teams to
assist State, local, and tribal governments in
responding to natural disasters, acts of
terrorism, or other man-made disasters and
report on the results of that study to the
appropriate committees of Congress.
(5) Rule of construction.--Nothing in this
subsection shall be construed to diminish, supercede,
or replace the responsibilities, authorities, or role
of the Administrator.
SEC. 2007. [6 U.S.C. 608] PRIORITIZATION.
(a) In General.--In allocating funds among States and high-
risk urban areas applying for grants under section 2003 or
2004, the Administrator shall consider, for each State or high-
risk urban area--
(1) its relative threat, vulnerability, and
consequences from acts of terrorism, including
consideration of--
(A) its population, including appropriate
consideration of military, tourist, and
commuter populations;
(B) its population density;
(C) its history of threats, including
whether it has been the target of a prior act
of terrorism;
(D) its degree of threat, vulnerability,
and consequences related to critical
infrastructure (for all critical infrastructure
sectors) or key resources identified by the
Administrator or the State homeland security
plan, including threats, vulnerabilities, and
consequences related to critical infrastructure
or key resources in nearby jurisdictions;
(E) the most current threat assessments
available to the Department;
(F) whether the State has, or the high-risk
urban area is located at or near, an
international border;
(G) whether it has a coastline bordering an
ocean (including the Gulf of Mexico) or
international waters;
(H) its likely need to respond to acts of
terrorism occurring in nearby jurisdictions;
(I) the extent to which it has unmet target
capabilities;
(J) in the case of a high-risk urban area,
the extent to which that high-risk urban area
includes--
(i) those incorporated
municipalities, counties, parishes, and
Indian tribes within the relevant
eligible metropolitan area, the
inclusion of which will enhance
regional efforts to prevent, prepare
for, protect against, and respond to
acts of terrorism; and
(ii) other local and tribal
governments in the surrounding area
that are likely to be called upon to
respond to acts of terrorism within the
high-risk urban area; and
(K) such other factors as are specified in
writing by the Administrator; and
(2) the anticipated effectiveness of the proposed
use of the grant by the State or high-risk urban area
in increasing the ability of that State or high-risk
urban area to prevent, prepare for, protect against,
and respond to acts of terrorism, to meet its target
capabilities, and to otherwise reduce the overall risk
to the high-risk urban area, the State, or the Nation.
(b) Types of Threat.--In assessing threat under this
section, the Administrator shall consider the following types
of threat to critical infrastructure sectors and to populations
in all areas of the United States, urban and rural:
(1) Biological.
(2) Chemical.
(3) Cyber.
(4) Explosives.
(5) Incendiary.
(6) Nuclear.
(7) Radiological.
(8) Suicide bombers.
(9) Such other types of threat determined relevant
by the Administrator.
SEC. 2008. [6 U.S.C. 609] USE OF FUNDS.
(a) Permitted Uses.--The Administrator shall permit the
recipient of a grant under section 2003 or 2004 to use grant
funds to achieve target capabilities related to preventing,
preparing for, protecting against, and responding to acts of
terrorism, consistent with a State homeland security plan and
relevant local, tribal, and regional homeland security plans,
through--
(1) developing and enhancing homeland security,
emergency management, or other relevant plans,
assessments, or mutual aid agreements;
(2) designing, conducting, and evaluating training
and exercises, including training and exercises
conducted under section 512 of this Act and section 648
of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 748);
(3) protecting a system or asset included on the
prioritized critical infrastructure list established
under section 210E(a)(2);
(4) purchasing, upgrading, storing, or maintaining
equipment, including computer hardware and software;
(5) ensuring operability and achieving
interoperability of emergency communications;
(6) responding to an increase in the threat level
under the Homeland Security Advisory System, or to the
needs resulting from a National Special Security Event;
(7) establishing, enhancing, and staffing with
appropriately qualified personnel State, local, and
regional fusion centers that comply with the guidelines
established under section 210A(i);
(8) enhancing school preparedness;
(9) supporting public safety answering points;
(10) paying salaries and benefits for personnel,
including individuals employed by the grant recipient

on the date of the relevant grant application, to serve
as qualified intelligence analysts, regardless of
whether such analysts are current or new full-time
employees or contract employees;
(11) paying expenses directly related to
administration of the grant, except that such expenses
may not exceed 3 percent of the amount of the grant;
(12) any activity permitted under the Fiscal Year
2007 Program Guidance of the Department for the State
Homeland Security Grant Program, the Urban Area
Security Initiative (including activities permitted
under the full-time counterterrorism staffing pilot),
or the Law Enforcement Terrorism Prevention Program;
and
(13) any other appropriate activity, as determined
by the Administrator.
(b) Limitations on Use of Funds.--
(1) In general.--Funds provided under section 2003
or 2004 may not be used--
(A) to supplant State or local funds,
except that nothing in this paragraph shall
prohibit the use of grant funds provided to a
State or high-risk urban area for otherwise
permissible uses under subsection (a) on the
basis that a State or high-risk urban area has
previously used State or local funds to support
the same or similar uses; or
(B) for any State or local government cost-
sharing contribution.
(2) Personnel.--
(A) In general.--Not more than 50 percent
of the amount awarded to a grant recipient
under section 2003 or 2004 in any fiscal year
may be used to pay for personnel, including
overtime and backfill costs, in support of the
permitted uses under subsection (a).
(B) Waiver.--At the request of the
recipient of a grant under section 2003 or
2004, the Administrator may grant a waiver of
the limitation under subparagraph (A).
(3) Limitations on discretion.--
(A) In general.--With respect to the use of
amounts awarded to a grant recipient under
section 2003 or 2004 for personnel costs in
accordance with paragraph (2) of this
subsection, the Administrator may not--
(i) impose a limit on the amount of
the award that may be used to pay for
personnel, or personnel-related, costs
that is higher or lower than the
percent limit imposed in paragraph
(2)(A); or
(ii) impose any additional
limitation on the portion of the funds
of a recipient that may be used for a
specific type, purpose, or category of
personnel, or personnel-related, costs.
(B) Analysts.--If amounts awarded to a
grant recipient under section 2003 or 2004 are
used for paying salary or benefits of a
qualified intelligence analyst under subsection
(a)(10), the Administrator shall make such
amounts available without time limitations
placed on the period of time that the analyst
can serve under the grant.
(4) Construction.--
(A) In general.--A grant awarded under
section 2003 or 2004 may not be used to acquire
land or to construct buildings or other
physical facilities.
(B) Exceptions.--
(i) In general.--Notwithstanding
subparagraph (A), nothing in this
paragraph shall prohibit the use of a
grant awarded under section 2003 or
2004 to achieve target capabilities
related to preventing, preparing for,
protecting against, or responding to
acts of terrorism, including through
the alteration or remodeling of
existing buildings for the purpose of
making such buildings secure against
acts of terrorism.
(ii) Requirements for exception.--
No grant awarded under section 2003 or
2004 may be used for a purpose
described in clause (i) unless--
(I) specifically approved
by the Administrator;
(II) any construction work
occurs under terms and
conditions consistent with the
requirements under section
611(j)(9) of the Robert T.
Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5196(j)(9)); and
(III) the amount allocated
for purposes under clause (i)
does not exceed the greater of
$1,000,000 or 15 percent of the
grant award.
(5) Recreation.--Grants awarded under this subtitle
may not be used for recreational or social purposes.
(c) Multiple-Purpose Funds.--Nothing in this subtitle shall
be construed to prohibit State, local, or tribal governments
from using grant funds under sections 2003 and 2004 in a manner
that enhances preparedness for disasters unrelated to acts of
terrorism, if such use assists such governments in achieving
target capabilities related to preventing, preparing for,
protecting against, or responding to acts of terrorism.
(d) Reimbursement of Costs.--
(1) Paid-on-call or volunteer reimbursement.--In
addition to the activities described in subsection (a),
a grant under section 2003 or 2004 may be used to
provide a reasonable stipend to paid-on-call or
volunteer emergency response providers who are not
otherwise compensated for travel to or participation in
training or exercises related to the purposes of this
subtitle. Any such reimbursement shall not be
considered compensation for purposes of rendering an
emergency response provider an employee under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(2) Performance of federal duty.--An applicant for
a grant under section 2003 or 2004 may petition the
Administrator to use the funds from its grants under
those sections for the reimbursement of the cost of any
activity relating to preventing, preparing for,
protecting against, or responding to acts of terrorism
that is a Federal duty and usually performed by a
Federal agency, and that is being performed by a State
or local government under agreement with a Federal
agency.
(e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under section 2003 or
2004, the Administrator may authorize the grant recipient to
transfer all or part of the grant funds from uses specified in
the grant agreement to other uses authorized under this
section, if the Administrator determines that such transfer is
in the interests of homeland security.
(f) Equipment Standards.--If an applicant for a grant under
section 2003 or 2004 proposes to upgrade or purchase, with
assistance provided under that grant, new equipment or systems
that do not meet or exceed any applicable national voluntary
consensus standards developed under section 647 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747),
the applicant shall include in its application an explanation
of why such equipment or systems will serve the needs of the
applicant better than equipment or systems that meet or exceed
such standards.
Subtitle B--Grants Administration
SEC. 2021. [6 U.S.C. 611] ADMINISTRATION AND COORDINATION.
(a) Regional Coordination.--The Administrator shall ensure
that--
(1) all recipients of grants administered by the
Department to prevent, prepare for, protect against, or
respond to natural disasters, acts of terrorism, or
other man-made disasters (excluding assistance provided
under section 203, title IV, or title V of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.))
coordinate, as appropriate, their prevention,
preparedness, and protection efforts with neighboring
State, local, and tribal governments; and
(2) all high-risk urban areas and other recipients
of grants administered by the Department to prevent,
prepare for, protect against, or respond to natural
disasters, acts of terrorism, or other man-made
disasters (excluding assistance provided under section
203, title IV, or title V of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133, 5170 et seq., and 5191 et seq.)) that include or
substantially affect parts or all of more than 1 State
coordinate, as appropriate, across State boundaries,
including, where appropriate, through the use of
regional working groups and requirements for regional
plans.
(b) Planning Committees.--
(1) In general.--Any State or high-risk urban area
receiving a grant under section 2003 or 2004 shall
establish a planning committee to assist in preparation
and revision of the State, regional, or local homeland
security plan and to assist in determining effective
funding priorities for grants under sections 2003 and
2004.
(2) Composition.--
(A) In general.--The planning committee
shall include representatives of significant
stakeholders, including--
(i) local and tribal government
officials; and
(ii) emergency response providers,
which shall include representatives of
the fire service, law enforcement,
emergency medical response, and
emergency managers.
(B) Geographic representation.--The members
of the planning committee shall be a
representative group of individuals from the
counties, cities, towns, and Indian tribes
within the State or high-risk urban area,
including, as appropriate, representatives of
rural, high-population, and high-threat
jurisdictions.
(3) Existing planning committees.--Nothing in this
subsection may be construed to require that any State
or high-risk urban area create a planning committee if
that State or high-risk urban area has established and
uses a multijurisdictional planning committee or
commission that meets the requirements of this
subsection.
(c) Interagency Coordination.--
(1) In general.--Not later than 12 months after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Secretary
(acting through the Administrator), the Attorney
General, the Secretary of Health and Human Services,
and the heads of other agencies providing assistance to
State, local, and tribal governments for preventing,
preparing for, protecting against, and responding to
natural disasters, acts of terrorism, and other man-
made disasters, shall jointly--
(A) compile a comprehensive list of Federal
grant programs for State, local, and tribal
governments for preventing, preparing for,
protecting against, and responding to natural
disasters, acts of terrorism, and other man-
made disasters;
(B) compile the planning, reporting,
application, and other requirements and
guidance for the grant programs described in
subparagraph (A);
(C) develop recommendations, as
appropriate, to--
(i) eliminate redundant and
duplicative requirements for State,
local, and tribal governments,
including onerous application and
ongoing reporting requirements;
(ii) ensure accountability of the
programs to the intended purposes of
such programs;
(iii) coordinate allocation of
grant funds to avoid duplicative or
inconsistent purchases by the
recipients;
(iv) make the programs more
accessible and user friendly to
applicants; and
(v) ensure the programs are
coordinated to enhance the overall
preparedness of the Nation;
(D) submit the information and
recommendations under subparagraphs (A), (B),
and (C) to the appropriate committees of
Congress; and
(E) provide the appropriate committees of
Congress, the Comptroller General, and any
officer or employee of the Government
Accountability Office with full access to any
information collected or reviewed in preparing
the submission under subparagraph (D).
(2) Scope of task.--Nothing in this subsection
shall authorize the elimination, or the alteration of
the purposes, as delineated by statute, regulation, or
guidance, of any grant program that exists on the date
of the enactment of the Implementing Recommendations of
the 9/11 Commission Act of 2007, nor authorize the
review or preparation of proposals on the elimination,
or the alteration of such purposes, of any such grant
program.
(d) Sense of Congress.--It is the sense of Congress that,
in order to ensure that the Nation is most effectively able to
prevent, prepare for, protect against, and respond to all
hazards, including natural disasters, acts of terrorism, and
other man-made disasters--
(1) the Department should administer a coherent and
coordinated system of both terrorism-focused and all-
hazards grants;
(2) there should be a continuing and appropriate
balance between funding for terrorism-focused and all-
hazards preparedness, as reflected in the
authorizations of appropriations for grants under the
amendments made by titles I and II, as applicable, of
the Implementing Recommendations of the 9/11 Commission
Act of 2007; and
(3) with respect to terrorism-focused grants, it is
necessary to ensure both that the target capabilities
of the highest risk areas are achieved quickly and that
basic levels of preparedness, as measured by the
attainment of target capabilities, are achieved
nationwide.
SEC. 2022. [6 U.S.C. 612] ACCOUNTABILITY.
(a) Audits of Grant Programs.--
(1) Compliance requirements.--
(A) Audit requirement.--Each recipient of a
grant administered by the Department that
expends not less than $500,000 in Federal funds
during its fiscal year shall submit to the
Administrator a copy of the organization-wide
financial and compliance audit report required
under chapter 75 of title 31, United States
Code.
(B) Access to information.--The Department
and each recipient of a grant administered by
the Department shall provide the Comptroller
General and any officer or employee of the
Government Accountability Office with full
access to information regarding the activities
carried out related to any grant administered
by the Department.
(C) Improper payments.--Consistent with the
Improper Payments Information Act of 2002 (31
U.S.C. 3321 note), for each of the grant
programs under sections 2003 and 2004 of this
title and section 662 of the Post-Katrina
Emergency Management Reform Act of 2006 (6
U.S.C. 762), the Administrator shall specify
policies and procedures for--
(i) identifying activities funded
under any such grant program that are
susceptible to significant improper
payments; and
(ii) reporting any improper
payments to the Department.
(2) Agency program review.--
(A) In general.--Not less than once every 2
years, the Administrator shall conduct, for
each State and high-risk urban area receiving a
grant administered by the Department, a
programmatic and financial review of all grants
awarded by the Department to prevent, prepare
for, protect against, or respond to natural
disasters, acts of terrorism, or other man-made
disasters, excluding assistance provided under
section 203, title IV, or title V of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133, 5170 et seq.,
and 5191 et seq.).
(B) Contents.--Each review under
subparagraph (A) shall, at a minimum, examine--
(i) whether the funds awarded were
used in accordance with the law,
program guidance, and State homeland
security plans or other applicable
plans; and
(ii) the extent to which funds
awarded enhanced the ability of a
grantee to prevent, prepare for,
protect against, and respond to natural
disasters, acts of terrorism, and other
man-made disasters.
(C) Authorization of appropriations.--In
addition to any other amounts authorized to be
appropriated to the Administrator, there are
authorized to be appropriated to the
Administrator for reviews under this
paragraph--
(i) $8,000,000 for each of fiscal
years 2008, 2009, and 2010; and
(ii) such sums as are necessary for
fiscal year 2011, and each fiscal year
thereafter.
(3) Office of inspector general performance
audits.--
(A) In general.--In order to ensure the
effective and appropriate use of grants
administered by the Department, the Inspector
General of the Department each year shall
conduct audits of a sample of States and high-
risk urban areas that receive grants
administered by the Department to prevent,
prepare for, protect against, or respond to
natural disasters, acts of terrorism, or other
man-made disasters, excluding assistance
provided under section 203, title IV, or title
V of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133, 5170
et seq., and 5191 et seq.).
(B) Determining samples.--The sample
selected for audits under subparagraph (A)
shall be--
(i) of an appropriate size to--
(I) assess the overall
integrity of the grant programs
described in subparagraph (A);
and
(II) act as a deterrent to
financial mismanagement; and
(ii) selected based on--
(I) the size of the grants
awarded to the recipient;
(II) the past grant
management performance of the
recipient;
(III) concerns identified
by the Administrator, including
referrals from the
Administrator; and
(IV) such other factors as
determined by the Inspector
General of the Department.
(C) Comprehensive auditing.--During the 7-
year period beginning on the date of enactment
of the Implementing Recommendations of the 9/11
Commission Act of 2007, the Inspector General
of the Department shall conduct not fewer than
1 audit of each State that receives funds under
a grant under section 2003 or 2004.
(D) Report by the inspector general.--
(i) In general.--The Inspector
General of the Department shall submit
to the appropriate committees of
Congress an annual consolidated report
regarding the audits completed during
the fiscal year before the date of that
report.
(ii) Contents.--Each report
submitted under clause (i) shall
describe, for the fiscal year before
the date of that report--
(I) the audits conducted
under subparagraph (A);
(II) the findings of the
Inspector General with respect
to the audits conducted under
subparagraph (A);
(III) whether the funds
awarded were used in accordance
with the law, program guidance,
and State homeland security
plans and other applicable
plans; and
(IV) the extent to which
funds awarded enhanced the
ability of a grantee to
prevent, prepare for, protect
against, and respond to natural
disasters, acts of terrorism
and other man-made disasters.
(iii) Deadline.--For each year, the
report required under clause (i) shall
be submitted not later than December
31.
(E) Public availability on website.--The
Inspector General of the Department shall make
each audit conducted under subparagraph (A)
available on the website of the Inspector
General, subject to redaction as the Inspector
General determines necessary to protect
classified and other sensitive information.
(F) Provision of information to
administrator.--The Inspector General of the
Department shall provide to the Administrator
any findings and recommendations from audits
conducted under subparagraph (A).
(G) Evaluation of grants management and
oversight.--Not later than 1 year after the
date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of
2007, the Inspector General of the Department
shall review and evaluate the grants management
and oversight practices of the Federal
Emergency Management Agency, including
assessment of and recommendations relating to--
(i) the skills, resources, and
capabilities of the workforce; and
(ii) any additional resources and
staff necessary to carry out such
management and oversight.
(H) Authorization of appropriations.--In
addition to any other amounts authorized to be
appropriated to the Inspector General of the
Department, there are authorized to be
appropriated to the Inspector General of the
Department for audits under subparagraph (A)--
(i) $8,500,000 for each of fiscal
years 2008, 2009, and 2010; and
(ii) such sums as are necessary for
fiscal year 2011, and each fiscal year
thereafter.
(4) Performance assessment.--In order to ensure
that States and high-risk urban areas are using grants
administered by the Department appropriately to meet
target capabilities and preparedness priorities, the
Administrator shall--
(A) ensure that any such State or high-risk
urban area conducts or participates in
exercises under section 648(b) of the Post-
Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 748(b));
(B) use performance metrics in accordance
with the comprehensive assessment system under
section 649 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 749)
and ensure that any such State or high-risk
urban area regularly tests its progress against
such metrics through the exercises required
under subparagraph (A);
(C) use the remedial action management
program under section 650 of the Post-Katrina
Emergency Management Reform Act of 2006 (6
U.S.C. 750); and
(D) ensure that each State receiving a
grant administered by the Department submits a
report to the Administrator on its level of
preparedness, as required by section 652(c) of
the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 752(c)).
(5) Consideration of assessments.--In conducting
program reviews and performance audits under paragraphs
(2) and (3), the Administrator and the Inspector
General of the Department shall take into account the
performance assessment elements required under
paragraph (4).
(6) Recovery audits.--The Administrator shall
conduct a recovery audit (as that term is defined by
the Director of the Office of Management and Budget
under section 3561 of title 31, United States Code) for
any grant administered by the Department with a total
value of not less than $1,000,000, if the Administrator
finds that--
(A) a financial audit has identified
improper payments that can be recouped; and
(B) it is cost effective to conduct a
recovery audit to recapture the targeted funds.
(7) Remedies for noncompliance.--
(A) In general.--If, as a result of a
review or audit under this subsection or
otherwise, the Administrator finds that a
recipient of a grant under this title has
failed to substantially comply with any
provision of law or with any regulations or
guidelines of the Department regarding eligible
expenditures, the Administrator shall--
(i) reduce the amount of payment of
grant funds to the recipient by an
amount equal to the amount of grants
funds that were not properly expended
by the recipient;
(ii) limit the use of grant funds
to programs, projects, or activities
not affected by the failure to comply;
(iii) refer the matter to the
Inspector General of the Department for
further investigation;
(iv) terminate any payment of grant
funds to be made to the recipient; or
(v) take such other action as the
Administrator determines appropriate.
(B) Duration of penalty.--The Administrator
shall apply an appropriate penalty under
subparagraph (A) until such time as the
Administrator determines that the grant
recipient is in full compliance with the law
and with applicable guidelines or regulations
of the Department.
(b) Reports by Grant Recipients.--
(1) Quarterly reports on homeland security
spending.--
(A) In general.--As a condition of
receiving a grant under section 2003 or 2004, a
State, high-risk urban area, or directly
eligible tribe shall, not later than 30 days
after the end of each Federal fiscal quarter,
submit to the Administrator a report on
activities performed using grant funds during
that fiscal quarter.
(B) Contents.--Each report submitted under
subparagraph (A) shall at a minimum include,
for the applicable State, high-risk urban area,
or directly eligible tribe, and each subgrantee
thereof--
(i) the amount obligated to that
recipient under section 2003 or 2004 in
that quarter;
(ii) the amount of funds received
and expended under section 2003 or 2004
by that recipient in that quarter; and
(iii) a summary description of
expenditures made by that recipient
using such funds, and the purposes for
which such expenditures were made.
(C) End-of-year report.--The report
submitted under subparagraph (A) by a State,
high-risk urban area, or directly eligible
tribe relating to the last quarter of any
fiscal year shall include--
(i) the amount and date of receipt
of all funds received under the grant
during that fiscal year;
(ii) the identity of, and amount
provided to, any subgrantee for that
grant during that fiscal year;
(iii) the amount and the dates of
disbursements of all such funds
expended in compliance with section
2021(a)(1) or under mutual aid
agreements or other sharing
arrangements that apply within the
State, high-risk urban area, or
directly eligible tribe, as applicable,
during that fiscal year; and
(iv) how the funds were used by
each recipient or subgrantee during
that fiscal year.
(2) Annual report.--Any State applying for a grant
under section 2004 shall submit to the Administrator
annually a State preparedness report, as required by
section 652(c) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 752(c)).
(c) Reports by the Administrator.--
(1) Federal preparedness report.--The Administrator
shall submit to the appropriate committees of Congress
annually the Federal Preparedness Report required under
section 652(a) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 752(a)).
(2) Risk assessment.--
(A) In general.--For each fiscal year, the
Administrator shall provide to the appropriate
committees of Congress a detailed and
comprehensive explanation of the methodologies
used to calculate risk and compute the
allocation of funds for grants administered by
the Department, including--
(i) all variables included in the
risk assessment and the weights
assigned to each such variable;
(ii) an explanation of how each
such variable, as weighted, correlates
to risk, and the basis for concluding
there is such a correlation; and
(iii) any change in the
methodologies from the previous fiscal
year, including changes in variables
considered, weighting of those
variables, and computational methods.
(B) Classified annex.--The information
required under subparagraph (A) shall be
provided in unclassified form to the greatest
extent possible, and may include a classified
annex if necessary.
(C) Deadline.--For each fiscal year, the
information required under subparagraph (A)
shall be provided on the earlier of--
(i) October 31; or
(ii) 30 days before the issuance of
any program guidance for grants
administered by the Department.
(3) Tribal funding report.--At the end of each
fiscal year, the Administrator shall submit to the
appropriate committees of Congress a report setting
forth the amount of funding provided during that fiscal
year to Indian tribes under any grant program
administered by the Department, whether provided
directly or through a subgrant from a State or high-
risk urban area.