```

[House Report 114-333]
[From the U.S. Government Publishing Office]

114th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                     {       114-333

======================================================================

 
                     HSA TECHNICAL CORRECTIONS ACT
                                _______
                                

 November 16, 2015.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3859]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3859) to make technical corrections to the 
Homeland Security Act of 2002, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
New Budget Authority, Entitlement Authority, and Tax Expenditures     2
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     3
Duplicative Federal Programs.....................................     3
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
Disclosure of Directed Rule Makings..............................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     4
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    The purpose of H.R. 3859 is to make technical corrections 
to the Homeland Security Act of 2002 (HSA).

                  Background and Need for Legislation

    In the aftermath of September 11, 2001, Congress passed the 
HSA, the organizing document of the Department of Homeland 
Security (DHS), to enhance the ability of the Federal 
Government to prevent future acts of domestic terrorism. 
Passage of this legislation marked one of the most dramatic 
reorganizations of the federal government in decades and 
introduced a number of new offices and reporting requirements. 
In the intervening years, agencies have changed names, roles 
and responsibilities have shifted, and a number of the required 
reports have been completed. This legislation updates the HSA 
to ensure it more accurately reflects the current organization 
and mission of DHS and thereby allows Congress to conduct more 
effective oversight of the Department.

                                Hearings

    No Committee hearings were held on H.R. 3859.

                        Committee Consideration

    The Committee met on November 4, 2015, to consider H.R. 
3859, and ordered the measure to be reported to the House with 
a favorable recommendation, without amendment, by voice vote.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 3859.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.
    The Committee did not conduct any oversight hearings 
specific to this legislation. However, various oversight 
efforts by the Committee have demonstrated a lack of 
consistency between the HSA and the current organization and 
mission of the Department. Discrepancies in the HSA can cause 
confusion within DHS and make it more difficult for Congress to 
effectively conduct oversight of the Department.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3859, the HSA Technical Corrections Act, would result in no new 
or increased budget authority, entitlement authority, or tax 
expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 13, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3859, HSA 
Technical Corrections Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 3859--HSA Technical Corrections Act

    H.R. 3859 would amend the Homeland Security Act of 2002 by 
making technical corrections to that act, including striking 
provisions related to obsolete offices and outdated reporting 
requirements. CBO estimates that implementing H.R. 3859 would 
have no significant cost to the federal government.
    Because enacting the legislation would not affect direct 
spending or revenues, pay-as-you-go procedures do not apply. 
CBO estimates that enacting H.R. 3859 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2026.
    H.R. 3859 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 3859 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation updates the HSA to ensure it more 
accurately reflects the current organization and mission of 
DHS.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 3859 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 3859 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3859 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Section 1.   Short title.

    This section provides that this bill may be cited as the 
``HSA Technical Corrections Act''.

Sec. 2.   References to the Homeland Security Act of 2002.

    This section provides, unless otherwise stated, that any 
amendment or repeal in this Act shall be made to a section or 
other provision of the HSA.

Sec. 3.   Technical amendments to the Homeland Security Act of 2002.

    This section amends the HSA by updating obsolete language 
and striking outdated offices and reporting requirements.
    Subsection (a) makes revisions to the HSA Table of 
Contents.
    Subsection (b) amends Title I of the HSA. This subsection 
strikes obsolete language, updates the list of Deputy and Under 
Secretaries within the Department, and corrects formatting.
    Subsection (c) amends Title II of the HSA. This subsection 
strikes obsolete language, eliminates two outdated one-time 
reporting requirements, updates references to the Director of 
Central Intelligence to read as the Director of National 
Intelligence, and re-designates the second Section 226 of the 
HSA as Section 227.
    Subsection (d) amends Title III of the HSA. This subsection 
strikes two erroneous commas from Title III.
    Subsection (e) amends Title IV of the HSA. This subsection 
revises, and removes where necessary, outdated language, 
strikes two obsolete offices and one non-operational Director 
position, eliminates 13 outdated one-time reporting 
requirements, and updates references to the agencies now known 
as U.S. Customs and Border Protection, U.S. Citizenship and 
Immigration Services, and U.S. Immigration and Customs 
Enforcement.
    Subsection (f) amends Title V of the HSA. This subsection 
corrects a citation to the National Response Plan and strikes 
language previously stricken in a prior public law.
    Subsection (g) amends Title VI of the HSA. This subsection 
updates references to the Director of Central Intelligence to 
read as the Director of National Intelligence.
    Subsection (h) amends Title VII of the HSA. This subsection 
updates references to the agencies now known as U.S. 
Citizenship and Immigration Services and U.S. Immigration and 
Customs Enforcement with the proper titles for these agencies 
each place the former name appears, updates other references to 
such agencies, and strikes an outdated one-time requirement for 
the Secretary to submit a plan to Congress.
    Subsection (i) amends Title VIII of the HSA. This 
subsection revises outdated language, strikes the obsolete 
Office of Counternarcotics Enforcement, eliminates six outdated 
one-time reporting requirements, and updates references to the 
Director of Central Intelligence to read as the Director of 
National Intelligence.
    Subsection (j) amends Title IX of the HSA. This subsection 
corrects the punctuation in a subsection heading.
    Subsection (k) amends Title X of the HSA. This subsection 
updates a reference to the Director of Central Intelligence to 
read as the Director of National Intelligence.
    Subsection (l) amends Title XII of the HSA. This subsection 
eliminates an outdated one-time reporting requirement.
    Subsection (m) amends Title XIV of the HSA. This subsection 
strikes the entirety of Title XIV.
    Subsection (n) amends Title XV of the HSA. This subsection 
strikes an outdated one-time reorganization plan.
    Subsection (o) amends Title XVIII of the HSA. This 
subsection revises outdated language.
    Subsection (p) amends Title XIX of the HSA. This subsection 
revises the term ``Hawaiian native-serving'' to read as 
``Native Hawaiian-serving''.
    Subsection (q) amends Title XX of the HSA. This subsection 
eliminates two outdated one-time reporting requirements.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  [Subtitle A--Information and Analysis and Infrastructure Protection; 
                         Access to Information]

       Subtitle A--Border, Maritime, and Transportation Security 
                     Responsibilities and Functions

     * * * * * * *

            [Subtitle B--Critical Infrastructure Information]

         Subtitle B--United States Customs and Border Protection

     * * * * * * *

                    Subtitle C--Information Security

     * * * * * * *
[Sec. 227. Cyber incident response plan.
[Sec. 228. Clearances.
[Sec. 226. Cybersecurity recruitment and retention.]
Sec. 227. National Cybersecurity and Communications Integration Center.
Sec. 228. Cyber incident response plan.
Sec. 229. Clearances.
     * * * * * * *

      [TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

  [Subtitle A--Under Secretary for Border and Transportation Security]

         Title IV--Border, Maritime, and Transportation Security

       Subtitle A--Border, Maritime, and Transportation Security 
                     Responsibilities and Functions

[Sec. 401. Under Secretary for Border and Transportation Security.
[Sec. 402. Responsibilities.]
Sec. 402. Border, maritime, and transportation responsibilities.
     * * * * * * *

               [Subtitle B--United States Customs Service]

         Subtitle B--United States Customs and Border Protection

[Sec. 411. Establishment; Commissioner of Customs.]
Sec. 411. Establishment of United States Customs and Border Protection.
[Sec. 412. Retention of customs revenue functions by Secretary of the 
          Treasury.]
     * * * * * * *
[Sec. 416. GAO report to Congress.]
     * * * * * * *

                  Subtitle C--Miscellaneous Provisions

     * * * * * * *
[Sec. 430. Office for Domestic Preparedness.
[Sec. 431. Office of Cargo Security Policy.]
     * * * * * * *

              Subtitle D--Immigration Enforcement Functions

[Sec. 441. Transfer of functions to Under Secretary for Border and 
          Transportation Security.
[Sec. 442. Establishment of Bureau of Border Security.]
Sec. 441. Transfer of functions.
Sec. 442. United States Immigration and Customs Enforcement.
     * * * * * * *
[Sec. 445. Report on improving enforcement functions.
[Sec. 446. Sense of Congress regarding construction of fencing near San 
          Diego, California.]

            Subtitle E--Citizenship and Immigration Services

[Sec. 451. Establishment of Bureau of Citizenship and Immigration 
          Services.]
Sec. 451. Establishment of United States Citizenship and Immigration 
          Services.
     * * * * * * *
[Sec. 455. Effective date.
[Sec. 456. Transition.]
     * * * * * * *
[Sec. 459. Report on improving immigration services.
[Sec. 460. Report on responding to fluctuating needs.
[Sec. 461. Application of Internet-based technologies.]
     * * * * * * *

               Subtitle F--General Immigration Provisions

     * * * * * * *
[Sec. 472. Voluntary separation incentive payments.
[Sec. 473. Authority to conduct a demonstration project relating to 
          disciplinary action.
[Sec. 474. Sense of Congress.
[Sec. 475. Director of Shared Services.]
     * * * * * * *
[Sec. 477. Reports and implementation plans.]
     * * * * * * *

                          TITLE VII--MANAGEMENT

Sec. 701. Under Secretary for Management.
     * * * * * * *
[Sec. 706. Consolidation and co-location of offices.]
     * * * * * * *

 TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
      UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

     * * * * * * *

          Subtitle F--Federal Emergency Procurement Flexibility

     * * * * * * *
[Sec. 857. Review and report by Comptroller General.]
     * * * * * * *

                  Subtitle H--Miscellaneous Provisions

     * * * * * * *
[Sec. 878. Counternarcotics officer.]
     * * * * * * *
[Sec. 881. Review of pay and benefit plans.]
     * * * * * * *

                     Subtitle I--Information Sharing

     * * * * * * *
[Sec. 893. Report.]
     * * * * * * *

            TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION

     * * * * * * *
[Sec. 1204. Report.]
     * * * * * * *

               [TITLE XIV--ARMING PILOTS AGAINST TERRORISM

[Sec. 1401. Short title.
[Sec. 1402. Federal Flight Deck Officer Program.
[Sec. 1403. Crew training.
[Sec. 1404. Commercial airline security study.
[Sec. 1405. Authority to arm flight deck crew with less-than-lethal 
          weapons.
[Sec. 1406. Technical amendments.]

                          TITLE XV--TRANSITION

                     Subtitle A--Reorganization Plan

Sec. 1501. Definitions.
[Sec. 1502. Reorganization plan.]
     * * * * * * *

          TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM STANDARDS

     * * * * * * *
[Sec. 2103. Protection and sharing of information.-]
Sec. 2103. Protection and sharing of information.

           *       *       *       *       *       *       *

TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *

SEC. 102. SECRETARY; FUNCTIONS.

  (a) Secretary.--
          (1) In general.--There is a Secretary of Homeland 
        Security, appointed by the President, by and with the 
        advice and consent of the Senate.
          (2) Head of department.--The Secretary is the head of 
        the Department and shall have direction, authority, and 
        control over it.
          (3) Functions vested in secretary.--All functions of 
        all officers, employees, and organizational units of 
        the Department are vested in the Secretary.
  (b) Functions.--The Secretary--
          (1) except as otherwise provided by this Act, may 
        delegate any of the Secretary's functions to any 
        officer, employee, or organizational unit of the 
        Department;
          (2) shall have the authority to make contracts, 
        grants, and cooperative agreements, and to enter into 
        agreements with other executive agencies, as may be 
        necessary and proper to carry out the Secretary's 
        responsibilities under this Act or otherwise provided 
        by law; and
          (3) shall take reasonable steps to ensure that 
        information systems and databases of the Department are 
        compatible with each other and with appropriate 
        databases of other Departments.
  (c) Coordination With Non-Federal Entities.--With respect to 
homeland security, the Secretary shall coordinate through the 
Office of State and Local Coordination (established under 
section 801) (including the provision of training and 
equipment) with State and local government personnel, agencies, 
and authorities, with the private sector, and with other 
entities, including by--
          (1) coordinating with State and local government 
        personnel, agencies, and authorities, and with the 
        private sector, to ensure adequate planning, equipment, 
        training, and exercise activities;
          (2) coordinating and, as appropriate, consolidating, 
        the Federal Government's communications and systems of 
        communications relating to homeland security with State 
        and local government personnel, agencies, and 
        authorities, the private sector, other entities, and 
        the public; and
          (3) distributing or, as appropriate, coordinating the 
        distribution of, warnings and information to State and 
        local government personnel, agencies, and authorities 
        and to the public.
  (d) Meetings of National Security Council.--The Secretary 
may, subject to the direction of the President, attend and 
participate in meetings of the National Security Council.
  (e) Issuance of Regulations.--The issuance of regulations by 
the Secretary shall be governed by the provisions of chapter 5 
of title 5, United States Code, except as specifically provided 
in this Act, in laws granting regulatory authorities that are 
transferred by this Act, and in laws enacted after the date of 
enactment of this Act.
  (f) Special Assistant to the Secretary.--The Secretary shall 
appoint a Special Assistant to the Secretary who shall be 
responsible for--
          (1) creating and fostering strategic communications 
        with the private sector to enhance the primary mission 
        of the Department to protect the American homeland;
          (2) advising the Secretary on the impact of the 
        Department's policies, regulations, processes, and 
        actions on the private sector;
          (3) interfacing with other relevant Federal agencies 
        with homeland security missions to assess the impact of 
        these agencies' actions on the private sector;
          (4) creating and managing private sector advisory 
        councils composed of representatives of industries and 
        associations designated by the Secretary to--
                  (A) advise the Secretary on private sector 
                products, applications, and solutions as they 
                relate to homeland security challenges;
                  (B) advise the Secretary on homeland security 
                policies, regulations, processes, and actions 
                that affect the participating industries and 
                associations; and
                  (C) advise the Secretary on private sector 
                preparedness issues, including effective 
                methods for--
                          (i) promoting voluntary preparedness 
                        standards to the private sector; and
                          (ii) assisting the private sector in 
                        adopting voluntary preparedness 
                        standards;
          (5) working with Federal laboratories, federally 
        funded research and development centers, other 
        federally funded organizations, academia, and the 
        private sector to develop innovative approaches to 
        address homeland security challenges to produce and 
        deploy the best available technologies for homeland 
        security missions;
          (6) promoting existing public-private partnerships 
        and developing new public-private partnerships to 
        provide for collaboration and mutual support to address 
        homeland security challenges;
          (7) assisting in the development and promotion of 
        private sector best practices to secure critical 
        infrastructure;
          (8) providing information to the private sector 
        regarding voluntary preparedness standards and the 
        business justification for preparedness and promoting 
        to the private sector the adoption of voluntary 
        preparedness standards;
          (9) coordinating industry efforts, with respect to 
        functions of the Department of Homeland Security, to 
        identify private sector resources and capabilities that 
        could be effective in supplementing Federal, State, and 
        local government agency efforts to prevent or respond 
        to a terrorist attack;
          (10) coordinating with the [Directorate of Border and 
        Transportation Security] Commissioner of United States 
        Customs and Border Protection and the Assistant 
        Secretary for Trade Development of the Department of 
        Commerce on issues related to the travel and tourism 
        industries; and
          (11) consulting with the Office of State and Local 
        Government Coordination and Preparedness on all matters 
        of concern to the private sector, including the tourism 
        industry.
  (g) Standards Policy.--All standards activities of the 
Department shall be conducted in accordance with section 12(d) 
of the National Technology Transfer Advancement Act of 1995 (15 
U.S.C. 272 note) and Office of Management and Budget Circular 
A-119.

SEC. 103. OTHER OFFICERS.

  (a) Deputy Secretary; Under Secretaries.--[(1) In general.--
Except as provided under paragraph (2), there are the following 
officers, appointed by the President, by and with the advice 
and consent of the Senate:]
          (1) In general.-- Except as provided under 16 
        paragraph (2), there are the following officers, ap17 
        pointed by the President, by and with the advice and 18 
        consent of the Senate:
          (A) A Deputy Secretary of Homeland Security, who 
        shall be the Secretary's first assistant for purposes 
        of subchapter III of chapter 33 of title 5, United 
        States Code.
          (B) An Under Secretary for Science and Technology.
          (C) [An Under Secretary for Border and Transportation 
        Security] A Commissioner of United States Customs and 
        Border Protection.
          (D) An Administrator of the Federal Emergency 
        Management Agency.
          (E) A Director of [the Bureau of] United States 
        Citizenship and Immigration Services.
          (F) An Under Secretary for Management.
          (G) [A Director of the Office of Counternarcotics 
        Enforcement] A Director of United States Immigration 
        and Customs Enforcement.
                  (H) An Administrator of the Transportation 
                Security Administration.
                  (I) A Commandant of the Coast Guard.
          [(H)] (J) An Under Secretary responsible for 
        overseeing critical infrastructure protection, 
        cybersecurity, and other related programs of the 
        Department.
          [(I)] (K) Not more than 12 Assistant Secretaries.
          [(J)] (L) A General Counsel, who shall be the chief 
        legal officer of the Department.
          (2) Assistant secretaries.--If any of the Assistant 
        Secretaries referred to under paragraph (1)(I) is 
        designated to be the Assistant Secretary for Health 
        Affairs, the Assistant Secretary for Legislative 
        Affairs, or the Assistant Secretary for Public Affairs, 
        that Assistant Secretary shall be appointed by the 
        President without the advice and consent of the Senate.
  (b) Inspector General.--There shall be in the Department an 
Office of Inspector General and an Inspector General at the 
head of such office, as provided in the Inspector General Act 
of 1978 (5 U.S.C. App.).
  (c) Commandant of the Coast Guard.--To assist the Secretary 
in the performance of the Secretary's functions, there is a 
Commandant of the Coast Guard, who shall be appointed as 
provided in section 44 of title 14, United States Code, and who 
shall report directly to the Secretary. In addition to such 
duties as may be provided in this Act and as assigned to the 
Commandant by the Secretary, the duties of the Commandant shall 
include those required by section 2 of title 14, United States 
Code.
  (d) Other Officers.--To assist the Secretary in the 
performance of the Secretary's functions, there are the 
following officers, appointed by the President:
          (1) A Director of the Secret Service.
          (2) A Chief Information Officer.
          (3) An Officer for Civil Rights and Civil Liberties.
          (4) A Director for Domestic Nuclear Detection.
  (f) Performance of Specific Functions.--Subject to the 
provisions of this Act, every officer of the Department shall 
perform the functions specified by law for the official's 
office or prescribed by the Secretary.
  (e) Chief Financial Officer.--There shall be in the 
Department a Chief Financial Officer, as provided in chapter 9 
of title 31, United States Code.

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
Access to Information

           *       *       *       *       *       *       *

SEC. 202. ACCESS TO INFORMATION.

  (a) In General.--
          (1) Threat and vulnerability information.--Except as 
        otherwise directed by the President, the Secretary 
        shall have such access as the Secretary considers 
        necessary to all information, including reports, 
        assessments, analyses, and unevaluated intelligence 
        relating to threats of terrorism against the United 
        States and to other areas of responsibility assigned by 
        the Secretary, and to all information concerning 
        infrastructure or other vulnerabilities of the United 
        States to terrorism, whether or not such information 
        has been analyzed, that may be collected, possessed, or 
        prepared by any agency of the Federal Government.
          (2) Other information.--The Secretary shall also have 
        access to other information relating to matters under 
        the responsibility of the Secretary that may be 
        collected, possessed, or prepared by an agency of the 
        Federal Government as the President may further 
        provide.
  (b) Manner of Access.--Except as otherwise directed by the 
President, with respect to information to which the Secretary 
has access pursuant to this section--
          (1) the Secretary may obtain such material upon 
        request, and may enter into cooperative arrangements 
        with other executive agencies to provide such material 
        or provide Department officials with access to it on a 
        regular or routine basis, including requests or 
        arrangements involving broad categories of material, 
        access to electronic databases, or both; and
          (2) regardless of whether the Secretary has made any 
        request or entered into any cooperative arrangement 
        pursuant to paragraph (1), all agencies of the Federal 
        Government shall promptly provide to the Secretary--
                  (A) all reports (including information 
                reports containing intelligence which has not 
                been fully evaluated), assessments, and 
                analytical information relating to threats of 
                terrorism against the United States and to 
                other areas of responsibility assigned by the 
                Secretary;
                  (B) all information concerning the 
                vulnerability of the infrastructure of the 
                United States, or other vulnerabilities of the 
                United States, to terrorism, whether or not 
                such information has been analyzed;
                  (C) all other information relating to 
                significant and credible threats of terrorism 
                against the United States, whether or not such 
                information has been analyzed; and
                  (D) such other information or material as the 
                President may direct.
  (c) Treatment Under Certain Laws.--The Secretary shall be 
deemed to be a Federal law enforcement, intelligence, 
protective, national defense, immigration, or national security 
official, and shall be provided with all information from law 
enforcement agencies that is required to be given to the 
[Director of Central Intelligence] Director of National 
Intelligence, under any provision of the following:
          (1) The USA PATRIOT Act of 2001 (Public Law 107-56).
          (2) Section 2517(6) of title 18, United States Code.
          (3) Rule 6(e)(3)(C) of the Federal Rules of Criminal 
        Procedure.
  (d) Access to Intelligence and Other Information.--
          (1) Access by elements of federal government.--
        Nothing in this title shall preclude any element of the 
        intelligence community (as that term is defined in 
        section 3(4) of the National Security Act of 1947 (50 
        U.S.C. 401a(4)), or any other element of the Federal 
        Government with responsibility for analyzing terrorist 
        threat information, from receiving any intelligence or 
        other information relating to terrorism.
          (2) Sharing of information.--The Secretary, in 
        consultation with the [Director of Central 
        Intelligence] Director of National Intelligence, shall 
        work to ensure that intelligence or other information 
        relating to terrorism to which the Department has 
        access is appropriately shared with the elements of the 
        Federal Government referred to in paragraph (1), as 
        well as with State and local governments, as 
        appropriate.

           *       *       *       *       *       *       *

SEC. 210E. NATIONAL ASSET DATABASE.

  (a) Establishment.--
          (1) National asset database.--The Secretary shall 
        establish and maintain a national database of each 
        system or asset that--
                  (A) the Secretary, in consultation with 
                appropriate homeland security officials of the 
                States, determines to be vital and the loss, 
                interruption, incapacity, or destruction of 
                which would have a negative or debilitating 
                effect on the economic security, public health, 
                or safety of the United States, any State, or 
                any local government; or
                  (B) the Secretary determines is appropriate 
                for inclusion in the database.
          (2) Prioritized critical infrastructure list.--In 
        accordance with Homeland Security Presidential 
        Directive-7, as in effect on January 1, 2007, the 
        Secretary shall establish and maintain a single 
        classified prioritized list of systems and assets 
        included in the database under paragraph (1) that the 
        Secretary determines would, if destroyed or disrupted, 
        cause national or regional catastrophic effects.
  (b) Use of Database.--The Secretary shall use the database 
established under subsection (a)(1) in the development and 
implementation of Department plans and programs as appropriate.
  (c) Maintenance of Database.--
          (1) In general.--The Secretary shall maintain and 
        annually update the database established under 
        subsection (a)(1) and the list established under 
        subsection (a)(2), including--
                  (A) establishing data collection guidelines 
                and providing such guidelines to the 
                appropriate homeland security official of each 
                State;
                  (B) regularly reviewing the guidelines 
                established under subparagraph (A), including 
                by consulting with the appropriate homeland 
                security officials of States, to solicit 
                feedback about the guidelines, as appropriate;
                  (C) after providing the homeland security 
                official of a State with the guidelines under 
                subparagraph (A), allowing the official a 
                reasonable amount of time to submit to the 
                Secretary any data submissions recommended by 
                the official for inclusion in the database 
                established under subsection (a)(1);
                  (D) examining the contents and identifying 
                any submissions made by such an official that 
                are described incorrectly or that do not meet 
                the guidelines established under subparagraph 
                (A); and
                  (E) providing to the appropriate homeland 
                security official of each relevant State a list 
                of submissions identified under subparagraph 
                (D) for review and possible correction before 
                the Secretary finalizes the decision of which 
                submissions will be included in the database 
                established under subsection (a)(1).
          (2) Organization of information in database.--The 
        Secretary shall organize the contents of the database 
        established under subsection (a)(1) and the list 
        established under subsection (a)(2) as the Secretary 
        determines is appropriate. Any organizational structure 
        of such contents shall include the categorization of 
        the contents--
                  (A) according to the sectors listed in 
                National Infrastructure Protection Plan 
                developed pursuant to Homeland Security 
                Presidential Directive-7; and
                  (B) by the State and county of their 
                location.
          (3) Private sector integration.--The Secretary shall 
        identify and evaluate methods, including the 
        Department's Protected Critical Infrastructure 
        Information Program, to acquire relevant private sector 
        information for the purpose of using that information 
        to generate any database or list, including the 
        database established under subsection (a)(1) and the 
        list established under subsection (a)(2).
          (4) Retention of classification.--The classification 
        of information required to be provided to Congress, the 
        Department, or any other department or agency under 
        this section by a sector-specific agency, including the 
        assignment of a level of classification of such 
        information, shall be binding on Congress, the 
        Department, and that other Federal agency.
  (d) Reports.--
          (1) Report required.--Not later than 180 days after 
        the date of the enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, and 
        annually thereafter, the Secretary shall submit to the 
        Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on Homeland Security of 
        the House of Representatives a report on the database 
        established under subsection (a)(1) and the list 
        established under subsection (a)(2).
          (2) Contents of report.--Each such report shall 
        include the following:
                  (A) The name, location, and sector 
                classification of each of the systems and 
                assets on the list established under subsection 
                (a)(2).
                  (B) The name, location, and sector 
                classification of each of the systems and 
                assets on such list that are determined by the 
                Secretary to be most at risk to terrorism.
                  (C) Any significant challenges in compiling 
                the list of the systems and assets included on 
                such list or in the database established under 
                subsection (a)(1).
                  (D) Any significant changes from the 
                preceding report in the systems and assets 
                included on such list or in such database.
                  (E) If appropriate, the extent to which such 
                database and such list have been used, 
                individually or jointly, for allocating funds 
                by the Federal Government to prevent, reduce, 
                mitigate, or respond to acts of terrorism.
                  (F) The amount of coordination between the 
                Department and the private sector, through any 
                entity of the Department that meets with 
                representatives of private sector industries 
                for purposes of such coordination, for the 
                purpose of ensuring the accuracy of such 
                database and such list.
                  (G) Any other information the Secretary deems 
                relevant.
          (3) Classified information.--The report shall be 
        submitted in unclassified form but may contain a 
        classified annex.
  [(e) Inspector General Study.--By not later than two years 
after the date of enactment of the Implementing Recommendations 
of the 9/11 Commission Act of 2007, the Inspector General of 
the Department shall conduct a study of the implementation of 
this section.]
  [(f)] (e) National Infrastructure Protection Consortium.--The 
Secretary may establish a consortium to be known as the 
``National Infrastructure Protection Consortium''. The 
Consortium may advise the Secretary on the best way to 
identify, generate, organize, and maintain any database or list 
of systems and assets established by the Secretary, including 
the database established under subsection (a)(1) and the list 
established under subsection (a)(2). If the Secretary 
establishes the National Infrastructure Protection Consortium, 
the Consortium may--
          (1) be composed of national laboratories, Federal 
        agencies, State and local homeland security 
        organizations, academic institutions, or national 
        Centers of Excellence that have demonstrated experience 
        working with and identifying critical infrastructure 
        and key resources; and
          (2) provide input to the Secretary on any request 
        pertaining to the contents of such database or such 
        list.

           *       *       *       *       *       *       *

Subtitle C--Information Security

           *       *       *       *       *       *       *

SEC. 223. ENHANCEMENT OF FEDERAL AND NON-FEDERAL CYBERSECURITY.

   In carrying out the responsibilities under section 201, the 
Under Secretary appointed under section 103(a)(1)(H) shall--
          (1) as appropriate, provide to State and local 
        government entities, and upon request to private 
        entities that own or operate critical information 
        systems--
                  (A) analysis and warnings related to threats 
                to, and vulnerabilities of, critical 
                information systems; and
                  (B) [in coordination with the Under Secretary 
                for Emergency Preparedness and Response,] 
                crisis management support in response to 
                threats to, or attacks on, critical information 
                systems[; and];
          (2) as appropriate, provide technical assistance, 
        upon request, to the private sector and other 
        government entities[, in coordination with the Under 
        Secretary for Emergency Preparedness and Response,] 
        with respect to emergency recovery plans to respond to 
        major failures of critical information systems; and
          (3) fulfill the responsibilities of the Secretary to 
        protect Federal information systems under subchapter II 
        of chapter 35 of title 44, United States Code.

           *       *       *       *       *       *       *

SEC. 225. CYBER SECURITY ENHANCEMENT ACT OF 2002.

  (a) Short Title.--This section may be cited as the ``Cyber 
Security Enhancement Act of 2002''.
  (b) Amendment of Sentencing Guidelines Relating to Certain 
Computer Crimes.--
          (1) Directive to the united states sentencing 
        commission.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, and in 
        accordance with this subsection, the United States 
        Sentencing Commission shall review and, if appropriate, 
        amend its guidelines and its policy statements 
        applicable to persons convicted of an offense under 
        section 1030 of title 18, United States Code.
          (2) Requirements.--In carrying out this subsection, 
        the Sentencing Commission shall--
                  (A) ensure that the sentencing guidelines and 
                policy statements reflect the serious nature of 
                the offenses described in paragraph (1), the 
                growing incidence of such offenses, and the 
                need for an effective deterrent and appropriate 
                punishment to prevent such offenses;
                  (B) consider the following factors and the 
                extent to which the guidelines may or may not 
                account for them--
                          (i) the potential and actual loss 
                        resulting from the offense;
                          (ii) the level of sophistication and 
                        planning involved in the offense;
                          (iii) whether the offense was 
                        committed for purposes of commercial 
                        advantage or private financial benefit;
                          (iv) whether the defendant acted with 
                        malicious intent to cause harm in 
                        committing the offense;
                          (v) the extent to which the offense 
                        violated the privacy rights of 
                        individuals harmed;
                          (vi) whether the offense involved a 
                        computer used by the government in 
                        furtherance of national defense, 
                        national security, or the 
                        administration of justice;
                          (vii) whether the violation was 
                        intended to or had the effect of 
                        significantly interfering with or 
                        disrupting a critical infrastructure; 
                        and
                          (viii) whether the violation was 
                        intended to or had the effect of 
                        creating a threat to public health or 
                        safety, or injury to any person;
                  (C) assure reasonable consistency with other 
                relevant directives and with other sentencing 
                guidelines;
                  (D) account for any additional aggravating or 
                mitigating circumstances that might justify 
                exceptions to the generally applicable 
                sentencing ranges;
                  (E) make any necessary conforming changes to 
                the sentencing guidelines; and
                  (F) assure that the guidelines adequately 
                meet the purposes of sentencing as set forth in 
                section 3553(a)(2) of title 18, United States 
                Code.
  [(c) Study and Report on Computer Crimes.--Not later than May 
1, 2003, the United States Sentencing Commission shall submit a 
brief report to Congress that explains any actions taken by the 
Sentencing Commission in response to this section and includes 
any recommendations the Commission may have regarding statutory 
penalties for offenses under section 1030 of title 18, United 
States Code.]
  [(d)] (c) Emergency Disclosure Exception.--
          (1) * * *

           *       *       *       *       *       *       *

          (2) Reporting of disclosures.--A government entity 
        that receives a disclosure under section 2702(b) of 
        title 18, United States Code, shall file, not later 
        than 90 days after such disclosure, a report to the 
        Attorney General stating the paragraph of that section 
        under which the disclosure was made, the date of the 
        disclosure, the entity to which the disclosure was 
        made, the number of customers or subscribers to whom 
        the information disclosed pertained, and the number of 
        communications, if any, that were disclosed. The 
        Attorney General shall publish all such reports into a 
        single report to be submitted to Congress 1 year after 
        the date of enactment of this Act.

           *       *       *       *       *       *       *

SEC. [226.]  227. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION 
                    CENTER.

  (a) Definitions.--In this section--
          (1) the term ``cybersecurity risk'' means threats to 
        and vulnerabilities of information or information 
        systems and any related consequences caused by or 
        resulting from unauthorized access, use, disclosure, 
        degradation, disruption, modification, or destruction 
        of information or information systems, including such 
        related consequences caused by an act of terrorism;
          (2) the term ``incident'' means an occurrence that--
                  (A) actually or imminently jeopardizes, 
                without lawful authority, the integrity, 
                confidentiality, or availability of information 
                on an information system; or
                  (B) constitutes a violation or imminent 
                threat of violation of law, security policies, 
                security procedures, or acceptable use 
                policies;
          (3) the term ``information sharing and analysis 
        organization'' has the meaning given that term in 
        section 212(5); and
          (4) the term ``information system'' has the meaning 
        given that term in section 3502(8) of title 44, United 
        States Code.
  (b) Center.--There is in the Department a national 
cybersecurity and communications integration center (referred 
to in this section as the ``Center'') to carry out certain 
responsibilities of the Under Secretary appointed under section 
103(a)(1)(H).
  (c) Functions.--The cybersecurity functions of the Center 
shall include--
          (1) being a Federal civilian interface for the multi-
        directional and cross-sector sharing of information 
        related to cybersecurity risks, incidents, analysis, 
        and warnings for Federal and non-Federal entities;
          (2) providing shared situational awareness to enable 
        real-time, integrated, and operational actions across 
        the Federal Government and non-Federal entities to 
        address cybersecurity risks and incidents to Federal 
        and non-Federal entities;
          (3) coordinating the sharing of information related 
        to cybersecurity risks and incidents across the Federal 
        Government;
          (4) facilitating cross-sector coordination to address 
        cybersecurity risks and incidents, including 
        cybersecurity risks and incidents that may be related 
        or could have consequential impacts across multiple 
        sectors;
          (5)(A) conducting integration and analysis, including 
        cross-sector integration and analysis, of cybersecurity 
        risks and incidents; and
          (B) sharing the analysis conducted under subparagraph 
        (A) with Federal and non-Federal entities;
          (6) upon request, providing timely technical 
        assistance, risk management support, and incident 
        response capabilities to Federal and non-Federal 
        entities with respect to cybersecurity risks and 
        incidents, which may include attribution, mitigation, 
        and remediation; and
          (7) providing information and recommendations on 
        security and resilience measures to Federal and non-
        Federal entities, including information and 
        recommendations to--
                  (A) facilitate information security; and
                  (B) strengthen information systems against 
                cybersecurity risks and incidents.
  (d) Composition.--
          (1) In general.--The Center shall be composed of--
                  (A) appropriate representatives of Federal 
                entities, such as--
                          (i) sector-specific agencies;
                          (ii) civilian and law enforcement 
                        agencies; and
                          (iii) elements of the intelligence 
                        community, as that term is defined 
                        under section 3(4) of the National 
                        Security Act of 1947 (50 U.S.C. 
                        3003(4));
                  (B) appropriate representatives of non-
                Federal entities, such as--
                          (i) State and local governments;
                          (ii) information sharing and analysis 
                        organizations; and
                          (iii) owners and operators of 
                        critical information systems;
                  (C) components within the Center that carry 
                out cybersecurity and communications 
                activities;
                  (D) a designated Federal official for 
                operational coordination with and across each 
                sector; and
                  (E) other appropriate representatives or 
                entities, as determined by the Secretary.
          (2) Incidents.--In the event of an incident, during 
        exigent circumstances the Secretary may grant a Federal 
        or non-Federal entity immediate temporary access to the 
        Center.
  (e) Principles.--In carrying out the functions under 
subsection (c), the Center shall ensure--
          (1) to the extent practicable, that--
                  (A) timely, actionable, and relevant 
                information related to cybersecurity risks, 
                incidents, and analysis is shared;
                  (B) when appropriate, information related to 
                cybersecurity risks, incidents, and analysis is 
                integrated with other relevant information and 
                tailored to the specific characteristics of a 
                sector;
                  (C) activities are prioritized and conducted 
                based on the level of risk;
                  (D) industry sector-specific, academic, and 
                national laboratory expertise is sought and 
                receives appropriate consideration;
                  (E) continuous, collaborative, and inclusive 
                coordination occurs--
                          (i) across sectors; and
                          (ii) with--
                                  (I) sector coordinating 
                                councils;
                                  (II) information sharing and 
                                analysis organizations; and
                                  (III) other appropriate non-
                                Federal partners;
                  (F) as appropriate, the Center works to 
                develop and use mechanisms for sharing 
                information related to cybersecurity risks and 
                incidents that are technology-neutral, 
                interoperable, real-time, cost-effective, and 
                resilient; and
                  (G) the Center works with other agencies to 
                reduce unnecessarily duplicative sharing of 
                information related to cybersecurity risks and 
                incidents;
          (2) that information related to cybersecurity risks 
        and incidents is appropriately safeguarded against 
        unauthorized access; and
          (3) that activities conducted by the Center comply 
        with all policies, regulations, and laws that protect 
        the privacy and civil liberties of United States 
        persons.
  (f) No Right or Benefit.--
          (1) In general.--The provision of assistance or 
        information to, and inclusion in the Center of, 
        governmental or private entities under this section 
        shall be at the sole and unreviewable discretion of the 
        Under Secretary appointed under section 103(a)(1)(H).
          (2) Certain assistance or information.--The provision 
        of certain assistance or information to, or inclusion 
        in the Center of, one governmental or private entity 
        pursuant to this section shall not create a right or 
        benefit, substantive or procedural, to similar 
        assistance or information for any other governmental or 
        private entity.

SEC. [227.]  228. CYBER INCIDENT RESPONSE PLAN.

  The Under Secretary appointed under section 103(a)(1)(H) 
shall, in coordination with appropriate Federal departments and 
agencies, State and local governments, sector coordinating 
councils, information sharing and analysis organizations (as 
defined in section 212(5)), owners and operators of critical 
infrastructure, and other appropriate entities and individuals, 
develop, regularly update, maintain, and exercise adaptable 
cyber incident response plans to address cybersecurity risks 
(as defined in [section 226] 227(a)(1)) to critical 
infrastructure.

SEC. [228.]  229. CLEARANCES.

  The Secretary shall make available the process of application 
for security clearances under Executive Order 13549 (75 Fed. 
Reg. 162; relating to a classified national security 
information program) or any successor Executive Order to 
appropriate representatives of sector coordinating councils, 
sector information sharing and analysis organizations (as 
defined in section 212(5)), owners and operators of critical 
infrastructure, and any other person that the Secretary 
determines appropriate.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR 
                    SCIENCE AND TECHNOLOGY.

   The Secretary, acting through the Under Secretary for 
Science and Technology, shall have the responsibility for--
          (1) advising the Secretary regarding research and 
        development efforts and priorities in support of the 
        Department's missions;
          (2) developing, in consultation with other 
        appropriate executive agencies, a national policy and 
        strategic plan for, identifying priorities, goals, 
        objectives and policies for, and coordinating the 
        Federal Government's civilian efforts to identify and 
        develop countermeasures to chemical, [biological,,] 
        biological, and other emerging terrorist threats, 
        including the development of comprehensive, research-
        based definable goals for such efforts and development 
        of annual measurable objectives and specific targets to 
        accomplish and evaluate the goals for such efforts;
          (3) supporting the Under Secretary for Intelligence 
        and Analysis and the Assistant Secretary for 
        Infrastructure Protection, by assessing and testing 
        homeland security vulnerabilities and possible threats;
          (4) conducting basic and applied research, 
        development, demonstration, testing, and evaluation 
        activities that are relevant to any or all elements of 
        the Department, through both intramural and extramural 
        programs, except that such responsibility does not 
        extend to human health-related research and development 
        activities;
          (5) establishing priorities for, directing, funding, 
        and conducting national research, development, test and 
        evaluation, and procurement of technology and systems 
        for--
                  (A) preventing the importation of chemical, 
                [biological,,] biological, and related weapons 
                and material; and
                  (B) detecting, preventing, protecting 
                against, and responding to terrorist attacks;
          (6) establishing a system for transferring homeland 
        security developments or technologies to Federal, 
        State, local government, and private sector entities;
          (7) entering into work agreements, joint 
        sponsorships, contracts, or any other agreements with 
        the Department of Energy regarding the use of the 
        national laboratories or sites and support of the 
        science and technology base at those facilities;
          (8) collaborating with the Secretary of Agriculture 
        and the Attorney General as provided in section 212 of 
        the Agricultural Bioterrorism Protection Act of 2002 (7 
        U.S.C. 8401), as amended by section 1709(b);
          (9) collaborating with the Secretary of Health and 
        Human Services and the Attorney General in determining 
        any new biological agents and toxins that shall be 
        listed as ``select agents'' in Appendix A of part 72 of 
        title 42, Code of Federal Regulations, pursuant to 
        section 351A of the Public Health Service Act (42 
        U.S.C. 262a);
          (10) supporting United States leadership in science 
        and technology;
          (11) establishing and administering the primary 
        research and development activities of the Department, 
        including the long-term research and development needs 
        and capabilities for all elements of the Department;
          (12) coordinating and integrating all research, 
        development, demonstration, testing, and evaluation 
        activities of the Department;
          (13) coordinating with other appropriate executive 
        agencies in developing and carrying out the science and 
        technology agenda of the Department to reduce 
        duplication and identify unmet needs; and
          (14) developing and overseeing the administration of 
        guidelines for merit review of research and development 
        projects throughout the Department, and for the 
        dissemination of research conducted or sponsored by the 
        Department.

           *       *       *       *       *       *       *

     [TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY]

        TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

  [Subtitle A--Under Secretary for Border and Transportation Security]

       Subtitle A--Border, Maritime, and Transportation Security 
                     Responsibilities and Functions

[SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY.

  [There shall be in the Department a Directorate of Border and 
Transportation Security headed by an Under Secretary for Border 
and Transportation Security.]

SEC. 402. [RESPONSIBILITIES.]  BORDER, MARITIME, AND TRANSPORTATION 
                    RESPONSIBILITIES

   The Secretary[, acting through the Under Secretary for 
Border and Transportation Security,] shall be responsible for 
the following:
          (1) Preventing the entry of terrorists and the 
        instruments of terrorism into the United States.
          (2) Securing the borders, territorial waters, ports, 
        terminals, waterways, and air, land, and sea 
        transportation systems of the United States, including 
        managing and coordinating those functions transferred 
        to the Department at ports of entry.
          (3) Carrying out the immigration enforcement 
        functions vested by statute in, or performed by, the 
        Commissioner of Immigration and Naturalization (or any 
        officer, employee, or component of the Immigration and 
        Naturalization Service) immediately before the date on 
        which the transfer of functions specified under section 
        441 takes effect.
          (4) Establishing and administering rules, in 
        accordance with section 428, governing the granting of 
        visas or other forms of permission, including parole, 
        to enter the United States to individuals who are not a 
        citizen or an alien lawfully admitted for permanent 
        residence in the United States.
          (5) Establishing national immigration enforcement 
        policies and priorities.
          (6) Except as provided in subtitle C, administering 
        the customs laws of the United States.
          (7) Conducting the inspection and related 
        administrative functions of the Department of 
        Agriculture transferred to the Secretary of Homeland 
        Security under section 421.
          (8) In carrying out the foregoing responsibilities, 
        ensuring the speedy, orderly, and efficient flow of 
        lawful traffic and commerce.

           *       *       *       *       *       *       *

              [Subtitle B--United States Customs Service]

        Subtitle B--United States Customs and Border Protection

SEC. 411. [ESTABLISHMENT; COMMISSIONER OF CUSTOMS.]  ESTABLISHMENT OF 
                    UNITED STATES CUSTOMS AND BORDER PROTECTION

  (a) Establishment.--There is established in the Department 
[the United States Customs Service] an agency to be known as 
``United States Customs and Border Protection'', under the 
authority of [the Under Secretary for Border and Transportation 
Security] the Secretary, which shall be vested with those 
functions including, but not limited to those set forth in 
section 415(7), and the personnel, assets, and liabilities 
attributable to those functions.
  (b) Commissioner [of Customs].--
          (1) In general.--There shall be at the head of [the 
        Customs Service a Commissioner of Customs] United 
        States Customs and Border Protection a Commissioner, 
        who shall be appointed by the President, by and with 
        the advice and consent of the Senate.

           *       *       *       *       *       *       *

          [(3) Continuation in office.--The individual serving 
        as the Commissioner of Customs on the day before the 
        effective date of this Act may serve as the 
        Commissioner of Customs on and after such effective 
        date until a Commissioner of Customs is appointed under 
        paragraph (1).]

SEC. 412. RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SECRETARY OF THE 
                    TREASURY.

  (a) Retention of Customs Revenue Functions by Secretary of 
the Treasury.--
          (1) Retention of authority.--Notwithstanding section 
        403(a)(1), authority related to Customs revenue 
        functions that was vested in the Secretary of the 
        Treasury by law before the effective date of this Act 
        under those provisions of law set forth in paragraph 
        (2) shall not be transferred to the Secretary by reason 
        of this Act, and on and after the effective date of 
        this Act, the Secretary of the Treasury may delegate 
        any such authority to the Secretary at the discretion 
        of the Secretary of the Treasury. The Secretary of the 
        Treasury shall consult with the Secretary regarding the 
        exercise of any such authority not delegated to the 
        Secretary.
          (2) Statutes.--The provisions of law referred to in 
        paragraph (1) are the following: the Tariff Act of 
        1930; section 249 of the Revised Statutes of the United 
        States (19 U.S.C. 3); section 2 of the Act of March 4, 
        1923 (19 U.S.C. 6); section 13031 of the Consolidated 
        Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
        58c); section 251 of the Revised Statutes of the United 
        States (19 U.S.C. 66); section 1 of the Act of June 26, 
        1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19 
        U.S.C. 81a et seq.); section 1 of the Act of March 2, 
        1911 (19 U.S.C. 198); the Trade Act of 1974; the Trade 
        Agreements Act of 1979; the North American Free Trade 
        Area Implementation Act; the Uruguay Round Agreements 
        Act; the Caribbean Basin Economic Recovery Act; the 
        Andean Trade Preference Act; the African Growth and 
        Opportunity Act; and any other provision of law vesting 
        customs revenue functions in the Secretary of the 
        Treasury.
  (b) Maintenance of Customs Revenue Functions.--
          (1) Maintenance of functions.--Notwithstanding any 
        other provision of this Act, the Secretary may not 
        consolidate, discontinue, or diminish those functions 
        described in paragraph (2) performed by the [United 
        States Customs Service] United States Customs and 
        Border Protection (as established under section 411) on 
        or after the effective date of this Act, reduce the 
        staffing level, or reduce the resources attributable to 
        such functions, and the Secretary shall ensure that an 
        appropriate management structure is implemented to 
        carry out such functions.
          (2) Functions.--The functions referred to in 
        paragraph (1) are those functions performed by the 
        following personnel, and associated support staff, of 
        the United States Customs Service on the day before the 
        effective date of this Act: Import Specialists, Entry 
        Specialists, Drawback Specialists, National Import 
        Specialist, Fines and Penalties Specialists, attorneys 
        of the Office of Regulations and Rulings, Customs 
        Auditors, International Trade Specialists, Financial 
        Systems Specialists.
  (c) New Personnel.--The Secretary of the Treasury is 
authorized to appoint up to 20 new personnel to work with 
personnel of the Department in performing customs revenue 
functions.

SEC. 413. PRESERVATION OF CUSTOMS FUNDS.

  Notwithstanding any other provision of this Act, no funds 
[available to the United States Customs Service or] collected 
under paragraphs (1) through (8) of section 13031(a) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 may be 
transferred for use by any other agency or office in the 
Department.

SEC. 414. SEPARATE BUDGET REQUEST FOR CUSTOMS.

  The President shall include in each budget transmitted to 
Congress under section 1105 of title 31, United States Code, a 
separate budget request for [the United States Customs Service] 
United States Customs and Border Protection.

           *       *       *       *       *       *       *

[SEC. 416. GAO REPORT TO CONGRESS.

  [Not later than 3 months after the effective date of this 
Act, the Comptroller General of the United States shall submit 
to Congress a report that sets forth all trade functions 
performed by the executive branch, specifying each agency that 
performs each such function.]

           *       *       *       *       *       *       *

SEC. 418. REPORTS TO CONGRESS.

  [(a) Continuing Reports.--]The United States Customs Service 
shall, on and after the effective date of this Act, continue to 
submit to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate any 
report required, on the day before such the effective date of 
this Act, to be so submitted under any provision of law.
  [(b) Report on Conforming Amendments.--Not later than 60 days 
after the date of enactment of this Act, the Secretary of the 
Treasury shall submit a report to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives of proposed conforming amendments to the 
statutes set forth under section 412(a)(2) in order to 
determine the appropriate allocation of legal authorities 
described under this subsection. The Secretary of the Treasury 
shall also identify those authorities vested in the Secretary 
of the Treasury that are exercised by the Commissioner of 
Customs on or before the effective date of this section.]

           *       *       *       *       *       *       *

Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *

SEC. 423. FUNCTIONS OF TRANSPORTATION SECURITY ADMINISTRATION.

  (a) Consultation With Federal Aviation Administration.--The 
Secretary and other officials in the Department shall consult 
with the Administrator of the Federal Aviation Administration 
before taking any action that might affect aviation safety, air 
carrier operations, aircraft airworthiness, or the use of 
airspace. The Secretary shall establish a liaison office within 
the Department for the purpose of consulting with the 
Administrator of the Federal Aviation Administration.
  [(b) Report to Congress.--Not later than 60 days after the 
date of enactment of this Act, the Secretary of Transportation 
shall transmit to Congress a report containing a plan for 
complying with the requirements of section 44901(d) of title 
49, United States Code, as amended by section 425 of this Act.]
  [(c)] (b) Limitations on Statutory Construction.--
          (1) Grant of authority.--Nothing in this Act may be 
        construed to vest in the Secretary or any other 
        official in the Department any authority over 
        transportation security that is not vested in the Under 
        Secretary of Transportation for Security, or in the 
        Secretary of Transportation under chapter 449 of title 
        49, United States Code, on the day before the date of 
        enactment of this Act.
          (2) Obligation of aip funds.--Nothing in this Act may 
        be construed to authorize the Secretary or any other 
        official in the Department to obligate amounts made 
        available under section 48103 of title 49, United 
        States Code.

SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY ADMINISTRATION AS A 
                    DISTINCT ENTITY.

  (a) In General.--Notwithstanding any other provision of this 
Act, and subject to subsection (b), the Transportation Security 
Administration shall be maintained as a distinct entity within 
the Department under the [Under Secretary for Border 
Transportation and Security] Secretary.
  (b) Sunset.--Subsection (a) shall cease to apply 2 years 
after the date of enactment of this Act.

           *       *       *       *       *       *       *

SEC. 427. COORDINATION OF INFORMATION AND INFORMATION TECHNOLOGY.

  (a) Definition of Affected Agency.--In this section, the term 
``affected agency'' means--
          (1) the Department;
          (2) the Department of Agriculture;
          (3) the Department of Health and Human Services; and
          (4) any other department or agency determined to be 
        appropriate by the Secretary.
  (b) Coordination.--The Secretary, in coordination with the 
Secretary of Agriculture, the Secretary of Health and Human 
Services, and the head of each other department or agency 
determined to be appropriate by the Secretary, shall ensure 
that appropriate information (as determined by the Secretary) 
concerning inspections of articles that are imported or entered 
into the United States, and are inspected or regulated by 1 or 
more affected agencies, is timely and efficiently exchanged 
between the affected agencies.
  [(c) Report and Plan.--Not later than 18 months after the 
date of enactment of this Act, the Secretary, in consultation 
with the Secretary of Agriculture, the Secretary of Health and 
Human Services, and the head of each other department or agency 
determined to be appropriate by the Secretary, shall submit to 
Congress--
          [(1) a report on the progress made in implementing 
        this section; and
          [(2) a plan to complete implementation of this 
        section.]

SEC. 428. VISA ISSUANCE.

  (a) Definition.--In this subsection, the term ``consular 
office'' has the meaning given that term under section 
101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(9)).
  (b) In General.--Notwithstanding section 104(a) of the 
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other 
provision of law, and except as provided in subsection (c) of 
this section, the Secretary--
          (1) shall be vested exclusively with all authorities 
        to issue regulations with respect to, administer, and 
        enforce the provisions of such Act, and of all other 
        immigration and nationality laws, relating to the 
        functions of consular officers of the United States in 
        connection with the granting or refusal of visas, and 
        shall have the authority to refuse visas in accordance 
        with law and to develop programs of homeland security 
        training for consular officers (in addition to consular 
        training provided by the Secretary of State), which 
        authorities shall be exercised through the Secretary of 
        State, except that the Secretary shall not have 
        authority to alter or reverse the decision of a 
        consular officer to refuse a visa to an alien; and
          (2) shall have authority to confer or impose upon any 
        officer or employee of the United States, with the 
        consent of the head of the executive agency under whose 
        jurisdiction such officer or employee is serving, any 
        of the functions specified in paragraph (1).
  (c) Authority of the Secretary of State.--
          (1) In general.--Notwithstanding subsection (b), the 
        Secretary of State may direct a consular officer to 
        refuse a visa to an alien if the Secretary of State 
        deems such refusal necessary or advisable in the 
        foreign policy or security interests of the United 
        States.
          (2) Construction regarding authority.--Nothing in 
        this section, consistent with the Secretary of Homeland 
        Security's authority to refuse visas in accordance with 
        law, shall be construed as affecting the authorities of 
        the Secretary of State under the following provisions 
        of law:
                  (A) Section 101(a)(15)(A) of the Immigration 
                and Nationality Act (8 U.S.C. 1101(a)(15)(A)).
                  (B) Section 204(d)(2) of the Immigration and 
                Nationality Act (8 U.S.C. 1154) (as it will 
                take effect upon the entry into force of the 
                Convention on Protection of Children and 
                Cooperation in Respect to Inter-Country 
                adoption).
                  (C) Section 212(a)(3)(B)(i)(IV)(bb) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B)(i)(IV)(bb)).
                  (D) Section 212(a)(3)(B)(i)(VI) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B)(i)(VI)).
                  (E) Section 212(a)(3)(B)(vi)(II) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B)(vi)(II)).
                  (F) Section 212(a)(3)(C) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(3)(C)).
                  (G) Section 212(a)(10)(C) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(10)(C)).
                  (H) Section 212(f) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(f)).
                  (I) Section 219(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1189(a)).
                  (J) Section 237(a)(4)(C) of the Immigration 
                and Nationality Act (8 U.S.C. 1227(a)(4)(C)).
                  (K) Section 401 of the Cuban Liberty and 
                Democratic Solidarity (LIBERTAD) Act of 1996 
                (22 U.S.C. 6034; Public Law 104-114).
                  (L) Section 613 of the Departments of 
                Commerce, Justice, and State, the Judiciary and 
                Related Agencies Appropriations Act, 1999 (as 
                contained in section 101(b) of division A of 
                Public Law 105-277) (Omnibus Consolidated and 
                Emergency Supplemental Appropriations Act, 
                1999); 112 Stat. 2681; H.R. 4328 (originally 
                H.R. 4276) as amended by section 617 of Public 
                Law 106-553.
                  (M) Section 103(f) of the Chemical Weapon 
                Convention Implementation Act of 1998 (112 
                Stat. 2681-865).
                  (N) Section 801 of H.R. 3427, the Admiral 
                James W. Nance and Meg Donovan Foreign 
                Relations Authorization Act, Fiscal Years 2000 
                and 2001, as enacted by reference in Public Law 
                106-113.
                  (O) Section 568 of the Foreign Operations, 
                Export Financing, and Related Programs 
                Appropriations Act, 2002 (Public Law 107-115).
                  (P) Section 51 of the State Department Basic 
                Authorities Act of 1956 (22 U.S.C. 2723).
  (d) Consular Officers and Chiefs of Missions.--
          (1) In general.--Nothing in this section may be 
        construed to alter or affect--
                  (A) the employment status of consular 
                officers as employees of the Department of 
                State; or
                  (B) the authority of a chief of mission under 
                section 207 of the Foreign Service Act of 1980 
                (22 U.S.C. 3927).
          (2) Construction regarding delegation of authority.--
        Nothing in this section shall be construed to affect 
        any delegation of authority to the Secretary of State 
        by the President pursuant to any proclamation issued 
        under section 212(f) of the Immigration and Nationality 
        Act (8 U.S.C. 1182(f)), consistent with the Secretary 
        of Homeland Security's authority to refuse visas in 
        accordance with law.
  (e) Assignment of Homeland Security Employees to Diplomatic 
and Consular Posts.--
          (1) In general.--The Secretary is authorized to 
        assign employees of the Department to each diplomatic 
        and consular post at which visas are issued, unless the 
        Secretary determines that such an assignment at a 
        particular post would not promote homeland security.
          (2) Functions.--Employees assigned under paragraph 
        (1) shall perform the following functions:
                  (A) Provide expert advice and training to 
                consular officers regarding specific security 
                threats relating to the adjudication of 
                individual visa applications or classes of 
                applications.
                  (B) Review any such applications, either on 
                the initiative of the employee of the 
                Department or upon request by a consular 
                officer or other person charged with 
                adjudicating such applications.
                  (C) Conduct investigations with respect to 
                consular matters under the jurisdiction of the 
                Secretary.
          (3) Evaluation of consular officers.--The Secretary 
        of State shall evaluate, in consultation with the 
        Secretary, as deemed appropriate by the Secretary, the 
        performance of consular officers with respect to the 
        processing and adjudication of applications for visas 
        in accordance with performance standards developed by 
        the Secretary for these procedures.
          (4) Report.--The Secretary shall, on an annual basis, 
        submit a report to Congress that describes the basis 
        for each determination under paragraph (1) that the 
        assignment of an employee of the Department at a 
        particular diplomatic post would not promote homeland 
        security.
          (5) Permanent assignment; participation in terrorist 
        lookout committee.--When appropriate, employees of the 
        Department assigned to perform functions described in 
        paragraph (2) may be assigned permanently to overseas 
        diplomatic or consular posts with country-specific or 
        regional responsibility. If the Secretary so directs, 
        any such employee, when present at an overseas post, 
        shall participate in the terrorist lookout committee 
        established under section 304 of the Enhanced Border 
        Security and Visa Entry Reform Act of 2002 (8 U.S.C. 
        1733).
          (6) Training and hiring.--
                  (A) In general.--The Secretary shall ensure, 
                to the extent possible, that any employees of 
                the Department assigned to perform functions 
                under paragraph (2) and, as appropriate, 
                consular officers, shall be provided the 
                necessary training to enable them to carry out 
                such functions, including training in foreign 
                languages, interview techniques, and fraud 
                detection techniques, in conditions in the 
                particular country where each employee is 
                assigned, and in other appropriate areas of 
                study.
                  (B) Use of center.--The Secretary is 
                authorized to use the National Foreign Affairs 
                Training Center, on a reimbursable basis, to 
                obtain the training described in subparagraph 
                (A).
          [(7) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary and the Secretary 
        of State shall submit to Congress--
                  [(A) a report on the implementation of this 
                subsection; and
                  [(B) any legislative proposals necessary to 
                further the objectives of this subsection.
          [(8) Effective date.--This subsection shall take 
        effect on the earlier of--
                  [(A) the date on which the President 
                publishes notice in the Federal Register that 
                the President has submitted a report to 
                Congress setting forth a memorandum of 
                understanding between the Secretary and the 
                Secretary of State governing the implementation 
                of this section; or
                  [(B) the date occurring 1 year after the date 
                of enactment of this Act.]
  (f) No Creation of Private Right of Action.--Nothing in this 
section shall be construed to create or authorize a private 
right of action to challenge a decision of a consular officer 
or other United States official or employee to grant or deny a 
visa.
  [(g) Study Regarding Use of Foreign Nationals.--
          [(1) In general.--The Secretary of Homeland Security 
        shall conduct a study of the role of foreign nationals 
        in the granting or refusal of visas and other documents 
        authorizing entry of aliens into the United States. The 
        study shall address the following:
                  [(A) The proper role, if any, of foreign 
                nationals in the process of rendering decisions 
                on such grants and refusals.
                  [(B) Any security concerns involving the 
                employment of foreign nationals.
                  [(C) Whether there are cost-effective 
                alternatives to the use of foreign nationals.
          [(2) Report.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall submit a 
        report containing the findings of the study conducted 
        under paragraph (1) to the Committee on the Judiciary, 
        the Committee on International Relations, and the 
        Committee on Government Reform of the House of 
        Representatives, and the Committee on the Judiciary, 
        the Committee on Foreign Relations, and the Committee 
        on Government Affairs of the Senate.
  [(h) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Director of the Office of Science 
and Technology Policy shall submit to Congress a report on how 
the provisions of this section will affect procedures for the 
issuance of student visas.]
  [(i)] (g) Visa Issuance Program for Saudi Arabia.--
Notwithstanding any other provision of law, after the date of 
the enactment of this Act all third party screening programs in 
Saudi Arabia shall be terminated. On-site personnel of the 
Department of Homeland Security shall review all visa 
applications prior to adjudication.

           *       *       *       *       *       *       *

[SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.

  [(a) In General.--The Office for Domestic Preparedness shall 
be within the Directorate of Border and Transportation 
Security.
  [(b) Director.--There shall be a Director of the Office for 
Domestic Preparedness, who shall be appointed by the President. 
The Director of the Office for Domestic Preparedness shall 
report directly to the Under Secretary for Border and 
Transportation Security.
  [(c) Responsibilities.--The Office for Domestic Preparedness 
shall have the primary responsibility within the executive 
branch of Government for the preparedness of the United States 
for acts of terrorism, including--
          [(1) coordinating preparedness efforts at the Federal 
        level, and working with all State, local, tribal, 
        parish, and private sector emergency response providers 
        on all matters pertaining to combating terrorism, 
        including training, exercises, and equipment support;
          [(2) coordinating or, as appropriate, consolidating 
        communications and systems of communications relating 
        to homeland security at all levels of government;
          [(3) directing and supervising terrorism preparedness 
        grant programs of the Federal Government (other than 
        those programs administered by the Department of Health 
        and Human Services) for all emergency response 
        providers;
          [(4) incorporating the Strategy priorities into 
        planning guidance on an agency level for the 
        preparedness efforts of the Office for Domestic 
        Preparedness;
          [(5) providing agency-specific training for agents 
        and analysts within the Department, other agencies, and 
        State and local agencies and international entities;
          [(6) as the lead executive branch agency for 
        preparedness of the United States for acts of 
        terrorism, cooperating closely with the Federal 
        Emergency Management Agency, which shall have the 
        primary responsibility within the executive branch to 
        prepare for and mitigate the effects of nonterrorist-
        related disasters in the United States;
          [(7) assisting and supporting the Secretary, in 
        coordination with other Directorates and entities 
        outside the Department, in conducting appropriate risk 
        analysis and risk management activities of State, 
        local, and tribal governments consistent with the 
        mission and functions of the Directorate;
          [(8) those elements of the Office of National 
        Preparedness of the Federal Emergency Management Agency 
        which relate to terrorism, which shall be consolidated 
        within the Department in the Office for Domestic 
        Preparedness established under this section; and
          [(9) helping to ensure the acquisition of 
        interoperable communication technology by State and 
        local governments and emergency response providers.
  [(d) Fiscal Years 2003 and 2004.--During fiscal year 2003 and 
fiscal year 2004, the Director of the Office for Domestic 
Preparedness established under this section shall manage and 
carry out those functions of the Office for Domestic 
Preparedness of the Department of Justice (transferred under 
this section) before September 11, 2001, under the same terms, 
conditions, policies, and authorities, and with the required 
level of personnel, assets, and budget before September 11, 
2001.

[SEC. 431. OFFICE OF CARGO SECURITY POLICY.

  [(a) Establishment.--There is established within the 
Department an Office of Cargo Security Policy (referred to in 
this section as the ``Office'').
  [(b) Purpose.--The Office shall--
          [(1) coordinate all Department policies relating to 
        cargo security; and
          [(2) consult with stakeholders and coordinate with 
        other Federal agencies in the establishment of 
        standards and regulations and to promote best 
        practices.
  [(c) Director.--
          [(1) Appointment.--The Office shall be headed by a 
        Director, who shall--
                  [(A) be appointed by the Secretary; and
                  [(B) report to the Assistant Secretary for 
                Policy.
          [(2) Responsibilities.--The Director shall--
                  [(A) advise the Assistant Secretary for 
                Policy in the development of Department-wide 
                policies regarding cargo security;
                  [(B) coordinate all policies relating to 
                cargo security among the agencies and offices 
                within the Department relating to cargo 
                security; and
                  [(C) coordinate the cargo security policies 
                of the Department with the policies of other 
                executive agencies.]

           *       *       *       *       *       *       *

             Subtitle D--Immigration Enforcement Functions

SEC. 441. TRANSFER OF FUNCTIONS [TO UNDER SECRETARY FOR BORDER AND 
                    TRANSPORTATION SECURITY].

   In accordance with title XV (relating to transition 
provisions), there shall be transferred from the Commissioner 
of Immigration and Naturalization to [the Under Secretary for 
Border and Transportation Security] the Secretary all functions 
performed under the following programs, and all personnel, 
assets, and liabilities pertaining to such programs, 
immediately before such transfer occurs:
          (1) The Border Patrol program.
          (2) The detention and removal program.
          (3) The intelligence program.
          (4) The investigations program.
          (5) The inspections program.

SEC. 442. [ESTABLISHMENT OF BUREAU OF BORDER SECURITY]  UNITED STATES 
                    IMMIGRATION AND CUSTOMS ENFORCEMENT.

  (a) Establishment [of Bureau].--
          (1) In general.--There shall be in the Department of 
        Homeland Security [a bureau] an agency to be known as 
        the ``[Bureau of Border Security] United States 
        Immigration and Customs Enforcement''.
          (2)  [Assistant secretary]  Director.--The head of 
        [the Bureau of Border Security] United States 
        Immigration and Customs Enforcement shall be the 
        [Assistant Secretary] Director of [the Bureau of Border 
        Security] United States Immigration and Customs 
        Enforcement, who--
                  (A) shall report directly to the [Under 
                Secretary for Border and Transportation 
                Security] Secretary; and
                  (B) shall have a minimum of 5 years 
                professional experience in law enforcement, and 
                a minimum of 5 years of management experience.
          (3) Functions.--The [Assistant Secretary] Director of 
        [the Bureau of Border Security] United States 
        Immigration and Customs Enforcement--
                  (A) shall establish the policies for 
                performing such functions as are--
                          (i) transferred to the [Under 
                        Secretary for Border and Transportation 
                        Security] Secretary by section 441 and 
                        delegated to the [Assistant Secretary] 
                        Director by the [Under Secretary for 
                        Border and Transportation Security] 
                        Secretary; or
                          (ii) otherwise vested in the 
                        [Assistant Secretary] Director by law;
                  (B) shall oversee the administration of such 
                policies; and
                  (C) shall advise the [Under Secretary for 
                Border and Transportation Security] Secretary 
                with respect to any policy or operation of [the 
                Bureau of Border Security] United States 
                Immigration and Customs Enforcement that may 
                affect [the Bureau of Citizenship and 
                Immigration Services] United States Citizenship 
                and Immigration Services established under 
                subtitle E, including potentially conflicting 
                policies or operations.
          (4) Program to collect information relating to 
        foreign students.--The [Assistant Secretary] Director 
        of [the Bureau of Border Security] United States 
        Immigration and Customs Enforcement shall be 
        responsible for administering the program to collect 
        information relating to nonimmigrant foreign students 
        and other exchange program participants described in 
        section 641 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), 
        including the Student and Exchange Visitor Information 
        System established under that section, and shall use 
        such information to carry out the enforcement functions 
        of [the Bureau] United States Immigration and Customs 
        Enforcement.
          [(5) Managerial rotation program.--
                  [(A) In general.--Not later than 1 year after 
                the date on which the transfer of functions 
                specified under section 441 takes effect, the 
                Assistant Secretaryof the Bureau of Border 
                Security shall design and implement a 
                managerial rotation program under which 
                employees of such bureau holding positions 
                involving supervisory or managerial 
                responsibility and classified, in accordance 
                with chapter 51 of title 5, United States Code, 
                as a GS-14 or above, shall--
                          [(i) gain some experience in all the 
                        major functions performed by such 
                        bureau; and
                          [(ii) work in at least one local 
                        office of such bureau.
                  [(B) Report.--Not later than 2 years after 
                the date on which the transfer of functions 
                specified under section 441 takes effect, the 
                Secretary shall submit a report to the Congress 
                on the implementation of such program.]
          (5) Managerial rotation program.--Not later than 1 
        year after the date on which the transfer of functions 
        specified under section 441 takes effect, the Director 
        of United States Immigration and Customs Enforcement 
        shall design and implement a managerial rotation 
        program under which employees of United States 
        Immigration and Customs Enforcement holding positions 
        involving supervisory or managerial responsibility and 
        classified, in accordance with chapter 51 of title 5, 
        United States Code, as a GS-14 or above, shall--
                  (A) gain some experience in all the major 
                functions performed by United States 
                Immigration and Customs Enforcement; and
                  (B) work in at least one local office of 
                United States Immigration and Customs 
                Enforcement.
  (b) Chief of Policy and Strategy.--
          (1) In general.--There shall be a position of Chief 
        of Policy and Strategy for [the Bureau of Border 
        Security] United States Immigration and Customs 
        Enforcement.
          (2) Functions.--In consultation with [Bureau of 
        Border Security] United States Immigration and Customs 
        Enforcement personnel in local offices, the Chief of 
        Policy and Strategy shall be responsible for--
                  (A) making policy recommendations and 
                performing policy research and analysis on 
                immigration enforcement issues; and
                  (B) coordinating immigration policy issues 
                with the Chief of Policy and Strategy for [the 
                Bureau of Citizenship and Immigration Services] 
                United States Citizenship and Immigration 
                Services (established under subtitle E), as 
                appropriate.
  (c) Legal Advisor.--There shall be a principal legal advisor 
to the [Assistant Secretary] Director of [the Bureau of Border 
Security] United States Immigration and Customs Enforcement. 
The legal advisor shall provide specialized legal advice to the 
[Assistant Secretary] Director of [the Bureau of Border 
Security] United States Immigration and Customs Enforcement and 
shall represent the bureau in all exclusion, deportation, and 
removal proceedings before the Executive Office for Immigration 
Review.

SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.

   The [Under Secretary for Border and Transportation Security] 
Secretary shall be responsible for--
          (1) conducting investigations of noncriminal 
        allegations of misconduct, corruption, and fraud 
        involving any employee of [the Bureau of Border 
        Security] United States Immigration and Customs 
        Enforcement that are not subject to investigation by 
        the Inspector General for the Department;
          (2) inspecting the operations of [the Bureau of 
        Border Security] United States Immigration and Customs 
        Enforcement and providing assessments of the quality of 
        the operations of such bureau as a whole and each of 
        its components; and
          (3) providing an analysis of the management of [the 
        Bureau of Border Security] United States Immigration 
        and Customs Enforcement.

SEC. 444. EMPLOYEE DISCIPLINE.

  The [Under Secretary for Border and Transportation Security] 
Secretary may, notwithstanding any other provision of law, 
impose disciplinary action, including termination of 
employment, [pursuant to policies and procedures applicable to 
employees of the Federal Bureau of Investigation,] on any 
employee of [the Bureau of Border Security] United States 
Customs and Border Protection who willfully deceives the 
Congress or agency leadership on any matter.

[SEC. 445. REPORT ON IMPROVING ENFORCEMENT FUNCTIONS.

  [(a) In General.--The Secretary, not later than 1 year after 
being sworn into office, shall submit to the Committees on 
Appropriations and the Judiciary of the House of 
Representatives and of the Senate a report with a plan 
detailing how the Bureau of Border Security, after the transfer 
of functions specified under section 441 takes effect, will 
enforce comprehensively, effectively, and fairly all the 
enforcement provisions of the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.) relating to such functions.
  [(b) Consultation.--In carrying out subsection (a), the 
Secretary of Homeland Security shall consult with the Attorney 
General, the Secretary of State, the Director of the Federal 
Bureau of Investigation, the Secretary of the Treasury, the 
Secretary of Labor, the Commissioner of Social Security, the 
Director of the Executive Office for Immigration Review, and 
the heads of State and local law enforcement agencies to 
determine how to most effectively conduct enforcement 
operations.

[SEC. 446. SENSE OF CONGRESS REGARDING CONSTRUCTION OF FENCING NEAR SAN 
                    DIEGO, CALIFORNIA.

  [It is the sense of the Congress that completing the 14-mile 
border fence project required to be carried out under section 
102(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a 
priority for the Secretary.]

            Subtitle E--Citizenship and Immigration Services

SEC. 451. ESTABLISHMENT OF [BUREAU OF]  UNITED STATES CITIZENSHIP AND 
                    IMMIGRATION SERVICES.

  (a) Establishment [of Bureau].--
          (1) In general.--There shall be in the Department [a 
        bureau] an agency to be known as [the ``Bureau of 
        Citizenship and Immigration Services ''] ``United 
        States Citizenship and Immigration Services''.
          (2) Director.--The head of [the Bureau of Citizenship 
        and Immigration Services] United States Citizenship and 
        Immigration Services shall be the Director of [the 
        Bureau of Citizenship and Immigration Services] United 
        States Citizenship and Immigration Services, who--
                  (A) shall report directly to the Deputy 
                Secretary;
                  (B) shall have a minimum of 5 years of 
                management experience; and
                  (C) shall be paid at the same level as the 
                [Assistant Secretary] Director of [the Bureau 
                of Border Security] United States Customs and 
                Border Protection.
          (3) Functions.--The Director of [the Bureau of 
        Citizenship and Immigration Services] United States 
        Citizenship and Immigration Services--
                  (A) shall establish the policies for 
                performing such functions as are transferred to 
                the Director by this section or this Act or 
                otherwise vested in the Director by law;
                  (B) shall oversee the administration of such 
                policies;
                  (C) shall advise the Deputy Secretary with 
                respect to any policy or operation of [the 
                Bureau of Citizenship and Immigration Services] 
                United States Citizenship and Immigration 
                Services that may affect [the Bureau of Border 
                Security] United States Customs and Border 
                Protection of the Department, including 
                potentially conflicting policies or operations;
                  (D) shall establish national immigration 
                services policies and priorities;
                  (E) shall meet regularly with the Ombudsman 
                described in section 452 to correct serious 
                service problems identified by the Ombudsman; 
                and
                  (F) shall establish procedures requiring a 
                formal response to any recommendations 
                submitted in the Ombudsman's annual report to 
                Congress within 3 months after its submission 
                to Congress.
          [(4) Managerial rotation program.--
                  [(A) In general.--Not later than 1 year after 
                the effective date specified in section 455, 
                the Director of the Bureau of Citizenship and 
                Immigration Services shall design and implement 
                a managerial rotation program under which 
                employees of such bureau holding positions 
                involving supervisory or managerial 
                responsibility and classified, in accordance 
                with chapter 51 of title 5, United States Code, 
                as a GS-14 or above, shall--
                          [(i) gain some experience in all the 
                        major functions performed by such 
                        bureau; and
                          [(ii) work in at least one field 
                        office and one service center of such 
                        bureau.
                  [(B) Report.--Not later than 2 years after 
                the effective date specified in section 455, 
                the Secretary shall submit a report to Congress 
                on the implementation of such program.]
          (4) Managerial rotation program.--Not later than 1 
        year after the effective date specified in section 455, 
        the Director of United States Citizenship and 
        Immigration Services shall design and implement a 
        managerial rotation program under which employees of 
        United States Citizenship and Immigration Services 
        holding positions involving supervisory or managerial 
        responsibility and classified, in accordance with 
        chapter 51 of title 5, United States Code, as a GS-14 
        or above, shall--
                  (A) gain some experience in all the major 
                functions performed by United States 
                Citizenship and Immigration Services; and
                  (B) work in at least one field office and one 
                service center of United States Citizenship and 
                Immigration Services.
          (5) Pilot initiatives for backlog elimination.--The 
        Director of [the Bureau of Citizenship and Immigration 
        Services] United States Citizenship and Immigration 
        Services is authorized to implement innovative pilot 
        initiatives to eliminate any remaining backlog in the 
        processing of immigration benefit applications, and to 
        prevent any backlog in the processing of such 
        applications from recurring, in accordance with section 
        204(a) of the Immigration Services and Infrastructure 
        Improvements Act of 2000 (8 U.S.C. 1573(a)). Such 
        initiatives may include measures such as increasing 
        personnel, transferring personnel to focus on areas 
        with the largest potential for backlog, and 
        streamlining paperwork.
  (b) Transfer of Functions From Commissioner.--In accordance 
with title XV (relating to transition provisions), there are 
transferred from the Commissioner of Immigration and 
Naturalization to the Director of [the Bureau of Citizenship 
and Immigration Services] United States Citizenship and 
Immigration Services the following functions, and all 
personnel, infrastructure, and funding provided to the 
Commissioner in support of such functions immediately before 
the effective date specified in section 455:
          (1) Adjudications of immigrant visa petitions.
          (2) Adjudications of naturalization petitions.
          (3) Adjudications of asylum and refugee applications.
          (4) Adjudications performed at service centers.
          (5) All other adjudications performed by the 
        Immigration and Naturalization Service immediately 
        before the effective date specified in section 455.
  (c) Chief of Policy and Strategy.--
          (1) In general.--There shall be a position of Chief 
        of Policy and Strategy for [the Bureau of Citizenship 
        and Immigration Services] United States Citizenship and 
        Immigration Services.
          (2) Functions.--In consultation with [Bureau of 
        Citizenship and Immigration Services] United States 
        Citizenship and Immigration Services personnel in field 
        offices, the Chief of Policy and Strategy shall be 
        responsible for--
                  (A) making policy recommendations and 
                performing policy research and analysis on 
                immigration services issues; and
                  (B) coordinating immigration policy issues 
                with the Chief of Policy and Strategy for [the 
                Bureau of Border Security] United States 
                Customs and Border Protection of the 
                Department.
  (d) Legal Advisor.--
          (1) In general.--There shall be a principal legal 
        advisor to the Director of [the Bureau of Citizenship 
        and Immigration Services] United States Citizenship and 
        Immigration Services.
          (2) Functions.--The legal advisor shall be 
        responsible for--
                  (A) providing specialized legal advice, 
                opinions, determinations, regulations, and any 
                other assistance to the Director of [the Bureau 
                of Citizenship and Immigration Services] United 
                States Citizenship and Immigration Services 
                with respect to legal matters affecting [the 
                Bureau of Citizenship and Immigration Services] 
                United States Citizenship and Immigration 
                Services; and
                  (B) representing [the Bureau of Citizenship 
                and Immigration Services] United States 
                Citizenship and Immigration Services in visa 
                petition appeal proceedings before the 
                Executive Office for Immigration Review.
  (e) Budget Officer.--
          (1) In general.--There shall be a Budget Officer for 
        [the Bureau of Citizenship and Immigration Services] 
        United States Citizenship and Immigration Services.
          (2) Functions.--
                  (A) In general.--The Budget Officer shall be 
                responsible for--
                          (i) formulating and executing the 
                        budget of [the Bureau of Citizenship 
                        and Immigration Services] United States 
                        Citizenship and Immigration Services;
                          (ii) financial management of [the 
                        Bureau of Citizenship and Immigration 
                        Services] United States Citizenship and 
                        Immigration Services; and
                          (iii) collecting all payments, fines, 
                        and other debts for [the Bureau of 
                        Citizenship and Immigration Services] 
                        United States Citizenship and 
                        Immigration Services.
  (f) Chief of Office of Citizenship.--
          (1) In general.--There shall be a position of Chief 
        of the Office of Citizenship for [the Bureau of 
        Citizenship and Immigration Services] United States 
        Citizenship and Immigration Services.
          (2) Functions.--The Chief of the Office of 
        Citizenship for [the Bureau of Citizenship and 
        Immigration Services] United States Citizenship and 
        Immigration Services shall be responsible for promoting 
        instruction and training on citizenship 
        responsibilities for aliens interested in becoming 
        naturalized citizens of the United States, including 
        the development of educational materials.
  [(g) Office of the FBI Liaison.--
          [(1) In general.--There shall be an Office of the FBI 
        Liaison in the Department of Homeland Security.
          [(2) Functions.--The Office of the FBI Liaison shall 
        monitor the progress of the functions of the Federal 
        Bureau of Investigation in the naturalization process 
        to assist in the expeditious completion of all such 
        functions pertaining to naturalization applications 
        filed by, or on behalf of--
                  [(A) current or former members of the Armed 
                Forces under section 328 or 329 of the 
                Immigration and Nationality Act (8 U.S.C. 1439 
                and 1440);
                  [(B) current spouses of United States 
                citizens who are currently serving on active 
                duty in the Armed Forces, who qualify for 
                naturalization under section 319(b) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1430(b)), and surviving spouses and children 
                who qualify for naturalization under section 
                319(d) of such Act; or
                  [(C) a deceased individual who is eligible 
                for posthumous citizenship under section 329A 
                of the Immigration and Nationality Act (8 
                U.S.C. 1440-1).
          [(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be 
        necessary to carry out this subsection.]

SEC. 452. CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN.

  (a) In General.--Within the Department, there shall be a 
position of Citizenship and Immigration Services Ombudsman (in 
this section referred to as the ``Ombudsman''). The Ombudsman 
shall report directly to the Deputy Secretary. The Ombudsman 
shall have a background in customer service as well as 
immigration law.
  (b) Functions.--It shall be the function of the Ombudsman--
          (1) to assist individuals and employers in resolving 
        problems with [the Bureau of] United States Citizenship 
        and Immigration Services;
          (2) to identify areas in which individuals and 
        employers have problems in dealing with [the Bureau of] 
        United States Citizenship and Immigration Services; and
          (3) to the extent possible, to propose changes in the 
        administrative practices of [the Bureau of] United 
        States Citizenship and Immigration Services to mitigate 
        problems identified under paragraph (2).
  (c) Annual Reports.--
          (1) Objectives.--Not later than June 30 of each 
        calendar year, the Ombudsman shall report to the 
        Committee on the Judiciary of the House of 
        Representatives and the Senate on the objectives of the 
        Office of the Ombudsman for the fiscal year beginning 
        in such calendar year. Any such report shall contain 
        full and substantive analysis, in addition to 
        statistical information, and--
                  (A) shall identify the recommendations the 
                Office of the Ombudsman has made on improving 
                services and responsiveness of [the Bureau of] 
                United States Citizenship and Immigration 
                Services;
                  (B) shall contain a summary of the most 
                pervasive and serious problems encountered by 
                individuals and employers, including a 
                description of the nature of such problems;
                  (C) shall contain an inventory of the items 
                described in subparagraphs (A) and (B) for 
                which action has been taken and the result of 
                such action;
                  (D) shall contain an inventory of the items 
                described in subparagraphs (A) and (B) for 
                which action remains to be completed and the 
                period during which each item has remained on 
                such inventory;
                  (E) shall contain an inventory of the items 
                described in subparagraphs (A) and (B) for 
                which no action has been taken, the period 
                during which each item has remained on such 
                inventory, the reasons for the inaction, and 
                shall identify any official of [the Bureau of] 
                United States Citizenship and Immigration 
                Services who is responsible for such inaction;
                  (F) shall contain recommendations for such 
                administrative action as may be appropriate to 
                resolve problems encountered by individuals and 
                employers, including problems created by 
                excessive backlogs in the adjudication and 
                processing of immigration benefit petitions and 
                applications; and
                  (G) shall include such other information as 
                the Ombudsman may deem advisable.
          (2) Report to be submitted directly.--Each report 
        required under this subsection shall be provided 
        directly to the committees described in paragraph (1) 
        without any prior comment or amendment from the 
        Secretary, Deputy Secretary, Director of [the Bureau 
        of] United States Citizenship and Immigration Services, 
        or any other officer or employee of the Department or 
        the Office of Management and Budget.
  (d) Other Responsibilities.--The Ombudsman--
          (1) shall monitor the coverage and geographic 
        allocation of local offices of the Ombudsman;
          (2) shall develop guidance to be distributed to all 
        officers and employees of [the Bureau of] United States 
        Citizenship and Immigration Services outlining the 
        criteria for referral of inquiries to local offices of 
        the Ombudsman;
          (3) shall ensure that the local telephone number for 
        each local office of the Ombudsman is published and 
        available to individuals and employers served by the 
        office; and
          (4) shall meet regularly with the Director of [the 
        Bureau of] United States Citizenship and Immigration 
        Services to identify serious service problems and to 
        present recommendations for such administrative action 
        as may be appropriate to resolve problems encountered 
        by individuals and employers.
  (e) Personnel Actions.--
          (1) In general.--The Ombudsman shall have the 
        responsibility and authority--
                  (A) to appoint local ombudsmen and make 
                available at least 1 such ombudsman for each 
                State; and
                  (B) to evaluate and take personnel actions 
                (including dismissal) with respect to any 
                employee of any local office of the Ombudsman.
          (2) Consultation.--The Ombudsman may consult with the 
        appropriate supervisory personnel of [the Bureau of] 
        United States Citizenship and Immigration Services in 
        carrying out the Ombudsman's responsibilities under 
        this subsection.
  (f) Responsibilities of [Bureau of] United States Citizenship 
and Immigration Services.--The Director of [the Bureau of] 
United States Citizenship and Immigration Services shall 
establish procedures requiring a formal response to all 
recommendations submitted to such director by the Ombudsman 
within 3 months after submission to such director.
  (g) Operation of Local Offices.--
          (1) In general.--Each local ombudsman--
                  (A) shall report to the Ombudsman or the 
                delegate thereof;
                  (B) may consult with the appropriate 
                supervisory personnel of [the Bureau of] United 
                States Citizenship and Immigration Services 
                regarding the daily operation of the local 
                office of such ombudsman;
                  (C) shall, at the initial meeting with any 
                individual or employer seeking the assistance 
                of such local office, notify such individual or 
                employer that the local offices of the 
                Ombudsman operate independently of any other 
                component of the Department and report directly 
                to Congress through the Ombudsman; and
                  (D) at the local ombudsman's discretion, may 
                determine not to disclose to [the Bureau of] 
                United States Citizenship and Immigration 
                Services contact with, or information provided 
                by, such individual or employer.
          (2) Maintenance of independent communications.--Each 
        local office of the Ombudsman shall maintain a phone, 
        facsimile, and other means of electronic communication 
        access, and a post office address, that is separate 
        from those maintained by [the Bureau of] United States 
        Citizenship and Immigration Services, or any component 
        of [the Bureau of] United States Citizenship and 
        Immigration Services.

SEC. 453. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.

  (a) In General.--The Director of [the Bureau of] United 
States Citizenship and Immigration Services shall be 
responsible for--
          (1) conducting investigations of noncriminal 
        allegations of misconduct, corruption, and fraud 
        involving any employee of [the Bureau of] United States 
        Citizenship and Immigration Services that are not 
        subject to investigation by the Inspector General for 
        the Department;
          (2) inspecting the operations of [the Bureau of] 
        United States Citizenship and Immigration Services and 
        providing assessments of the quality of the operations 
        of [such bureau] United States Citizenship and 
        Immigration Services as a whole and each of its 
        components; and
          (3) providing an analysis of the management of [the 
        Bureau of] United States Citizenship and Immigration 
        Services.
  (b) Special Considerations.--In providing assessments in 
accordance with subsection (a)(2) with respect to a decision of 
[the Bureau of] United States Citizenship and Immigration 
Services, or any of its components, consideration shall be 
given to--
          (1) the accuracy of the findings of fact and 
        conclusions of law used in rendering the decision;
          (2) any fraud or misrepresentation associated with 
        the decision; and
          (3) the efficiency with which the decision was 
        rendered.

SEC. 454. EMPLOYEE DISCIPLINE.

  The Director of [the Bureau of] United States Citizenship and 
Immigration Services may, notwithstanding any other provision 
of law, impose disciplinary action, including termination of 
employment, [pursuant to policies and procedures applicable to 
employees of the Federal Bureau of Investigation,] on any 
employee of [the Bureau of] United States Citizenship and 
Immigration Services who willfully deceives Congress or agency 
leadership on any matter.

[SEC. 455. EFFECTIVE DATE.

  [Notwithstanding section 4, sections 451 through 456, and the 
amendments made by such sections, shall take effect on the date 
on which the transfer of functions specified under section 441 
takes effect.

[SEC. 456. TRANSITION.

  [(a) References.--With respect to any function transferred by 
this subtitle to, and exercised on or after the effective date 
specified in section 455 by, the Director of the Bureau of 
Citizenship and Immigration Services, any reference in any 
other Federal law, Executive order, rule, regulation, or 
delegation of authority, or any document of or pertaining to a 
component of government from which such function is 
transferred--
          [(1) to the head of such component is deemed to refer 
        to the Director of the Bureau of Citizenship and 
        Immigration Services; or
          [(2) to such component is deemed to refer to the 
        Bureau of Citizenship and Immigration Services.
  [(b) Other Transition Issues.--
          [(1) Exercise of authorities.--Except as otherwise 
        provided by law, a Federal official to whom a function 
        is transferred by this subtitle may, for purposes of 
        performing the function, exercise all authorities under 
        any other provision of law that were available with 
        respect to the performance of that function to the 
        official responsible for the performance of the 
        function immediately before the effective date 
        specified in section 455.
          [(2) Transfer and allocation of appropriations and 
        personnel.--The personnel of the Department of Justice 
        employed in connection with the functions transferred 
        by this subtitle (and functions that the Secretary 
        determines are properly related to the functions of the 
        Bureau of Citizenship and Immigration Services), and 
        the assets, liabilities, contracts, property, records, 
        and unexpended balance of appropriations, 
        authorizations, allocations, and other funds employed, 
        held, used, arising from, available to, or to be made 
        available to, the Immigration and Naturalization 
        Service in connection with the functions transferred by 
        this subtitle, subject to section 202 of the Budget and 
        Accounting Procedures Act of 1950, shall be transferred 
        to the Director of the Bureau of Citizenship and 
        Immigration Services for allocation to the appropriate 
        component of the Department. Unexpended funds 
        transferred pursuant to this paragraph shall be used 
        only for the purposes for which the funds were 
        originally authorized and appropriated. The Secretary 
        shall have the right to adjust or realign transfers of 
        funds and personnel effected pursuant to this subtitle 
        for a period of 2 years after the effective date 
        specified in section 455.]

           *       *       *       *       *       *       *

[SEC. 459. REPORT ON IMPROVING IMMIGRATION SERVICES.

  [(a) In General.--The Secretary, not later than 1 year after 
the effective date of this Act, shall submit to the Committees 
on the Judiciary and Appropriations of the House of 
Representatives and of the Senate a report with a plan 
detailing how the Bureau of Citizenship and Immigration 
Services, after the transfer of functions specified in this 
subtitle takes effect, will complete efficiently, fairly, and 
within a reasonable time, the adjudications described in 
paragraphs (1) through (5) of section 451(b).
  [(b) Contents.--For each type of adjudication to be 
undertaken by the Director of the Bureau of Citizenship and 
Immigration Services, the report shall include the following:
          [(1) Any potential savings of resources that may be 
        implemented without affecting the quality of the 
        adjudication.
          [(2) The goal for processing time with respect to the 
        application.
          [(3) Any statutory modifications with respect to the 
        adjudication that the Secretary considers advisable.
  [(c) Consultation.--In carrying out subsection (a), the 
Secretary shall consult with the Secretary of State, the 
Secretary of Labor, the Assistant Secretary of the Bureau of 
Border Security of the Department, and the Director of the 
Executive Office for Immigration Review to determine how to 
streamline and improve the process for applying for and making 
adjudications described in section 451(b) and related 
processes.

[SEC. 460. REPORT ON RESPONDING TO FLUCTUATING NEEDS.

  [Not later than 30 days after the date of the enactment of 
this Act, the Attorney General shall submit to Congress a 
report on changes in law, including changes in authorizations 
of appropriations and in appropriations, that are needed to 
permit the Immigration and Naturalization Service, and, after 
the transfer of functions specified in this subtitle takes 
effect, the Bureau of Citizenship and Immigration Services of 
the Department, to ensure a prompt and timely response to 
emergent, unforeseen, or impending changes in the number of 
applications for immigration benefits, and otherwise to ensure 
the accommodation of changing immigration service needs.

[SEC. 461. APPLICATION OF INTERNET-BASED TECHNOLOGIES.

  [(a) Establishment of Tracking System.--The Secretary, not 
later than 1 year after the effective date of this Act, in 
consultation with the Technology Advisory Committee established 
under subsection (c), shall establish an Internet-based system, 
that will permit a person, employer, immigrant, or nonimmigrant 
who has filings with the Secretary for any benefit under the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), access 
to online information about the processing status of the filing 
involved.
  [(b) Feasibility Study for Online Filing and Improved 
Processing.--
          [(1) Online filing.--The Secretary, in consultation 
        with the Technology Advisory Committee established 
        under subsection (c), shall conduct a feasibility study 
        on the online filing of the filings described in 
        subsection (a). The study shall include a review of 
        computerization and technology of the Immigration and 
        Naturalization Service relating to the immigration 
        services and processing of filings related to immigrant 
        services. The study shall also include an estimate of 
        the timeframe and cost and shall consider other factors 
        in implementing such a filing system, including the 
        feasibility of fee payment online.
          [(2) Report.--A report on the study under this 
        subsection shall be submitted to the Committees on the 
        Judiciary of the House of Representatives and the 
        Senate not later than 1 year after the effective date 
        of this Act.
  [(c) Technology Advisory Committee.--
          [(1) Establishment.--The Secretary shall establish, 
        not later than 60 days after the effective date of this 
        Act, an advisory committee (in this section referred to 
        as the ``Technology Advisory Committee'') to assist the 
        Secretary in--
                  [(A) establishing the tracking system under 
                subsection (a); and
                  [(B) conducting the study under subsection 
                (b).
        The Technology Advisory Committee shall be established 
        after consultation with the Committees on the Judiciary 
        of the House of Representatives and the Senate.
          [(2) Composition.--The Technology Advisory Committee 
        shall be composed of representatives from high 
        technology companies capable of establishing and 
        implementing the system in an expeditious manner, and 
        representatives of persons who may use the tracking 
        system described in subsection (a) and the online 
        filing system described in subsection (b)(1).]

SEC. 462. CHILDREN'S AFFAIRS.

  (a) Transfer of Functions.--There are transferred to the 
Director of the Office of Refugee Resettlement of the 
Department of Health and Human Services functions under the 
immigration laws of the United States with respect to the care 
of unaccompanied alien children that were vested by statute in, 
or performed by, the Commissioner of Immigration and 
Naturalization (or any officer, employee, or component of the 
Immigration and Naturalization Service) immediately before the 
effective date specified in subsection (d).
  (b) Functions.--
          (1) In general.--Pursuant to the transfer made by 
        subsection (a), the Director of the Office of Refugee 
        Resettlement shall be responsible for--
                  (A) coordinating and implementing the care 
                and placement of unaccompanied alien children 
                who are in Federal custody by reason of their 
                immigration status, including developing a plan 
                to be submitted to Congress on how to ensure 
                that qualified and independent legal counsel is 
                timely appointed to represent the interests of 
                each such child, consistent with the law 
                regarding appointment of counsel that is in 
                effect on the date of the enactment of this 
                Act;
                  (B) ensuring that the interests of the child 
                are considered in decisions and actions 
                relating to the care and custody of an 
                unaccompanied alien child;
                  (C) making placement determinations for all 
                unaccompanied alien children who are in Federal 
                custody by reason of their immigration status;
                  (D) implementing the placement 
                determinations;
                  (E) implementing policies with respect to the 
                care and placement of unaccompanied alien 
                children;
                  (F) identifying a sufficient number of 
                qualified individuals, entities, and facilities 
                to house unaccompanied alien children;
                  (G) overseeing the infrastructure and 
                personnel of facilities in which unaccompanied 
                alien children reside;
                  (H) reuniting unaccompanied alien children 
                with a parent abroad in appropriate cases;
                  (I) compiling, updating, and publishing at 
                least annually a state-by-state list of 
                professionals or other entities qualified to 
                provide guardian and attorney representation 
                services for unaccompanied alien children;
                  (J) maintaining statistical information and 
                other data on unaccompanied alien children for 
                whose care and placement the Director is 
                responsible, which shall include--
                          (i) biographical information, such as 
                        a child's name, gender, date of birth, 
                        country of birth, and country of 
                        habitual residence;
                          (ii) the date on which the child came 
                        into Federal custody by reason of his 
                        or her immigration status;
                          (iii) information relating to the 
                        child's placement, removal, or release 
                        from each facility in which the child 
                        has resided;
                          (iv) in any case in which the child 
                        is placed in detention or released, an 
                        explanation relating to the detention 
                        or release; and
                          (v) the disposition of any actions in 
                        which the child is the subject;
                  (K) collecting and compiling statistical 
                information from the Department of Justice, the 
                Department of Homeland Security, and the 
                Department of State on each department's 
                actions relating to unaccompanied alien 
                children; and
                  (L) conducting investigations and inspections 
                of facilities and other entities in which 
                unaccompanied alien children reside, including 
                regular follow-up visits to such facilities, 
                placements, and other entities, to assess the 
                continued suitability of such placements.
          (2) Coordination with other entities; no release on 
        own recognizance.--In making determinations described 
        in paragraph (1)(C), the Director of the Office of 
        Refugee Resettlement--
                  (A) shall consult with appropriate juvenile 
                justice professionals, the Director of [the 
                Bureau of Citizenship and Immigration Services] 
                United States Citizenship and Immigration 
                Services, and the [Assistant Secretary] 
                Director of [the Bureau of Border Security] 
                United States Immigration and Customs 
                Enforcement to ensure that such determinations 
                ensure that unaccompanied alien children 
                described in such subparagraph--
                          (i) are likely to appear for all 
                        hearings or proceedings in which they 
                        are involved;
                          (ii) are protected from smugglers, 
                        traffickers, or others who might seek 
                        to victimize or otherwise engage them 
                        in criminal, harmful, or exploitive 
                        activity; and
                          (iii) are placed in a setting in 
                        which they are not likely to pose a 
                        danger to themselves or others; and
                  (B) shall not release such children upon 
                their own recognizance.
          (3) Duties with respect to foster care.--In carrying 
        out the duties described in paragraph (1), the Director 
        of the Office of Refugee Resettlement is encouraged to 
        use the refugee children foster care system established 
        pursuant to section 412(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1522(d)) for the placement of 
        unaccompanied alien children.
          (4) Rule of construction.--Nothing in paragraph 
        (2)(B) may be construed to require that a bond be 
        posted for an unaccompanied alien child who is released 
        to a qualified sponsor.
  (c) Rule of Construction.--Nothing in this section may be 
construed to transfer the responsibility for adjudicating 
benefit determinations under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) from the authority of any official 
of the Department of Justice, the Department of Homeland 
Security, or the Department of State.
  (d) Effective Date.--Notwithstanding section 4, this section 
shall take effect on the date on which the transfer of 
functions specified under section 441 takes effect.
  (e) References.--With respect to any function transferred by 
this section, any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any 
document of or pertaining to a component of government from 
which such function is transferred--
          (1) to the head of such component is deemed to refer 
        to the Director of the Office of Refugee Resettlement; 
        or
          (2) to such component is deemed to refer to the 
        Office of Refugee Resettlement of the Department of 
        Health and Human Services.
  (f) Other Transition Issues.--
          (1) Exercise of authorities.--Except as otherwise 
        provided by law, a Federal official to whom a function 
        is transferred by this section may, for purposes of 
        performing the function, exercise all authorities under 
        any other provision of law that were available with 
        respect to the performance of that function to the 
        official responsible for the performance of the 
        function immediately before the effective date 
        specified in subsection (d).
          (2) Savings provisions.--Subsections (a), (b), and 
        (c) of section 1512 shall apply to a transfer of 
        functions under this section in the same manner as such 
        provisions apply to a transfer of functions under this 
        Act to the Department of Homeland Security.
          (3) Transfer and allocation of appropriations and 
        personnel.--The personnel of the Department of Justice 
        employed in connection with the functions transferred 
        by this section, and the assets, liabilities, 
        contracts, property, records, and unexpended balance of 
        appropriations, authorizations, allocations, and other 
        funds employed, held, used, arising from, available to, 
        or to be made available to, the Immigration and 
        Naturalization Service in connection with the functions 
        transferred by this section, subject to section 202 of 
        the Budget and Accounting Procedures Act of 1950, shall 
        be transferred to the Director of the Office of Refugee 
        Resettlement for allocation to the appropriate 
        component of the Department of Health and Human 
        Services. Unexpended funds transferred pursuant to this 
        paragraph shall be used only for the purposes for which 
        the funds were originally authorized and appropriated.
  (g) Definitions.--As used in this section--
          (1) the term ``placement'' means the placement of an 
        unaccompanied alien child in either a detention 
        facility or an alternative to such a facility; and
          (2) the term ``unaccompanied alien child'' means a 
        child who--
                  (A) has no lawful immigration status in the 
                United States;
                  (B) has not attained 18 years of age; and
                  (C) with respect to whom--
                          (i) there is no parent or legal 
                        guardian in the United States; or
                          (ii) no parent or legal guardian in 
                        the United States is available to 
                        provide care and physical custody.

Subtitle F--General Immigration Provisions

           *       *       *       *       *       *       *

[SEC. 472. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

  [(a) Definitions.--For purposes of this section--
          [(1) the term ``employee'' means an employee (as 
        defined by section 2105 of title 5, United States Code) 
        who--
                  [(A) has completed at least 3 years of 
                current continuous service with 1 or more 
                covered entities; and
                  [(B) is serving under an appointment without 
                time limitation,
        but does not include any person under subparagraphs 
        (A)-(G) of section 663(a)(2) of Public Law 104-208 (5 
        U.S.C. 5597 note);
          [(2) the term ``covered entity'' means--
                  [(A) the Immigration and Naturalization 
                Service;
                  [(B) the Bureau of Border Security of the 
                Department of Homeland Security; and
                  [(C) the Bureau of Citizenship and 
                Immigration Services of the Department of 
                Homeland Security; and
          [(3) the term ``transfer date'' means the date on 
        which the transfer of functions specified under section 
        441 takes effect.
  [(b) Strategic Restructuring Plan.--Before the Attorney 
General or the Secretary obligates any resources for voluntary 
separation incentive payments under this section, such official 
shall submit to the appropriate committees of Congress a 
strategic restructuring plan, which shall include--
          [(1) an organizational chart depicting the covered 
        entities after their restructuring pursuant to this 
        Act;
          [(2) a summary description of how the authority under 
        this section will be used to help carry out that 
        restructuring; and
          [(3) the information specified in section 663(b)(2) 
        of Public Law 104-208 (5 U.S.C. 5597 note).
As used in the preceding sentence, the ``appropriate committees 
of Congress'' are the Committees on Appropriations, Government 
Reform, and the Judiciary of the House of Representatives, and 
the Committees on Appropriations, Governmental Affairs, and the 
Judiciary of the Senate.
  [(c) Authority.--The Attorney General and the Secretary may, 
to the extent necessary to help carry out their respective 
strategic restructuring plan described in subsection (b), make 
voluntary separation incentive payments to employees. Any such 
payment--
          [(1) shall be paid to the employee, in a lump sum, 
        after the employee has separated from service;
          [(2) shall be paid from appropriations or funds 
        available for the payment of basic pay of the employee;
          [(3) shall be equal to the lesser of--
                  [(A) the amount the employee would be 
                entitled to receive under section 5595(c) of 
                title 5, United States Code; or
                  [(B) an amount not to exceed $25,000, as 
                determined by the Attorney General or the 
                Secretary;
          [(4) may not be made except in the case of any 
        qualifying employee who voluntarily separates (whether 
        by retirement or resignation) before the end of--
                  [(A) the 3-month period beginning on the date 
                on which such payment is offered or made 
                available to such employee; or
                  [(B) the 3-year period beginning on the date 
                of the enactment of this Act,
        whichever occurs first;
          [(5) shall not be a basis for payment, and shall not 
        be included in the computation, of any other type of 
        Government benefit; and
          [(6) shall not be taken into account in determining 
        the amount of any severance pay to which the employee 
        may be entitled under section 5595 of title 5, United 
        States Code, based on any other separation.
  [(d) Additional Agency Contributions to the Retirement 
Fund.--
          [(1) In general.--In addition to any payments which 
        it is otherwise required to make, the Department of 
        Justice and the Department of Homeland Security shall, 
        for each fiscal year with respect to which it makes any 
        voluntary separation incentive payments under this 
        section, remit to the Office of Personnel Management 
        for deposit in the Treasury of the United States to the 
        credit of the Civil Service Retirement and Disability 
        Fund the amount required under paragraph (2).
          [(2) Amount required.--The amount required under this 
        paragraph shall, for any fiscal year, be the amount 
        under subparagraph (A) or (B), whichever is greater.
                  [(A) First method.--The amount under this 
                subparagraph shall, for any fiscal year, be 
                equal to the minimum amount necessary to offset 
                the additional costs to the retirement systems 
                under title 5, United States Code (payable out 
                of the Civil Service Retirement and Disability 
                Fund) resulting from the voluntary separation 
                of the employees described in paragraph (3), as 
                determined under regulations of the Office of 
                Personnel Management.
                  [(B) Second method.--The amount under this 
                subparagraph shall, for any fiscal year, be 
                equal to 45 percent of the sum total of the 
                final basic pay of the employees described in 
                paragraph (3).
          [(3) Computations to be based on separations 
        occurring in the fiscal year involved.--The employees 
        described in this paragraph are those employees who 
        receive a voluntary separation incentive payment under 
        this section based on their separating from service 
        during the fiscal year with respect to which the 
        payment under this subsection relates.
          [(4) Final basic pay defined.--In this subsection, 
        the term ``final basic pay'' means, with respect to an 
        employee, the total amount of basic pay which would be 
        payable for a year of service by such employee, 
        computed using the employee's final rate of basic pay, 
        and, if last serving on other than a full-time basis, 
        with appropriate adjustment therefor.
  [(e) Effect of Subsequent Employment With the Government.--An 
individual who receives a voluntary separation incentive 
payment under this section and who, within 5 years after the 
date of the separation on which the payment is based, accepts 
any compensated employment with the Government or works for any 
agency of the Government through a personal services contract, 
shall be required to pay, prior to the individual's first day 
of employment, the entire amount of the incentive payment. Such 
payment shall be made to the covered entity from which the 
individual separated or, if made on or after the transfer date, 
to the Deputy Secretary or the Under Secretary for Border and 
Transportation Security (for transfer to the appropriate 
component of the Department of Homeland Security, if 
necessary).
  [(f) Effect on Employment Levels.--
          [(1) Intended effect.--Voluntary separations under 
        this section are not intended to necessarily reduce the 
        total number of full-time equivalent positions in any 
        covered entity.
          [(2) Use of voluntary separations.--A covered entity 
        may redeploy or use the full-time equivalent positions 
        vacated by voluntary separations under this section to 
        make other positions available to more critical 
        locations or more critical occupations.

[SEC. 473. AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT RELATING TO 
                    DISCIPLINARY ACTION.

  [(a) In General.--The Attorney General and the Secretary may 
each, during a period ending not later than 5 years after the 
date of the enactment of this Act, conduct a demonstration 
project for the purpose of determining whether one or more 
changes in the policies or procedures relating to methods for 
disciplining employees would result in improved personnel 
management.
  [(b) Scope.--A demonstration project under this section--
          [(1) may not cover any employees apart from those 
        employed in or under a covered entity; and
          [(2) shall not be limited by any provision of chapter 
        43, 75, or 77 of title 5, United States Code.
  [(c) Procedures.--Under the demonstration project--
          [(1) the use of alternative means of dispute 
        resolution (as defined in section 571 of title 5, 
        United States Code) shall be encouraged, whenever 
        appropriate; and
          [(2) each covered entity under the jurisdiction of 
        the official conducting the project shall be required 
        to provide for the expeditious, fair, and independent 
        review of any action to which section 4303 or 
        subchapter II of chapter 75 of such title 5 would 
        otherwise apply (except an action described in section 
        7512(5) of such title 5).
  [(d) Actions Involving Discrimination.--Notwithstanding any 
other provision of this section, if, in the case of any matter 
described in section 7702(a)(1)(B) of title 5, United States 
Code, there is no judicially reviewable action under the 
demonstration project within 120 days after the filing of an 
appeal or other formal request for review (referred to in 
subsection (c)(2)), an employee shall be entitled to file a 
civil action to the same extent and in the same manner as 
provided in section 7702(e)(1) of such title 5 (in the matter 
following subparagraph (C) thereof).
  [(e) Certain Employees.--Employees shall not be included 
within any project under this section if such employees are--
          [(1) neither managers nor supervisors; and
          [(2) within a unit with respect to which a labor 
        organization is accorded exclusive recognition under 
        chapter 71 of title 5, United States Code.
Notwithstanding the preceding sentence, an aggrieved employee 
within a unit (referred to in paragraph (2)) may elect to 
participate in a complaint procedure developed under the 
demonstration project in lieu of any negotiated grievance 
procedure and any statutory procedure (as such term is used in 
section 7121 of such title 5).
  [(f) Reports.--The General Accounting Office shall prepare 
and submit to the Committees on Government Reform and the 
Judiciary of the House of Representatives and the Committees on 
Governmental Affairs and the Judiciary of the Senate periodic 
reports on any demonstration project conducted under this 
section, such reports to be submitted after the second and 
fourth years of its operation. Upon request, the Attorney 
General or the Secretary shall furnish such information as the 
General Accounting Office may require to carry out this 
subsection.
  [(g) Definition.--In this section, the term ``covered 
entity'' has the meaning given such term in section 472(a)(2).

[SEC. 474. SENSE OF CONGRESS.

   [It is the sense of Congress that--
          [(1) the missions of the Bureau of Border Security 
        and the Bureau of Citizenship and Immigration Services 
        are equally important and, accordingly, they each 
        should be adequately funded; and
          [(2) the functions transferred under this subtitle 
        should not, after such transfers take effect, operate 
        at levels below those in effect prior to the enactment 
        of this Act.

[SEC. 475. DIRECTOR OF SHARED SERVICES.

  [(a) In General.--Within the Office of Deputy Secretary, 
there shall be a Director of Shared Services.
  [(b) Functions.--The Director of Shared Services shall be 
responsible for the coordination of resources for the Bureau of 
Border Security and the Bureau of Citizenship and Immigration 
Services, including--
          [(1) information resources management, including 
        computer databases and information technology;
          [(2) records and file management; and
          [(3) forms management.]

SEC. 476. SEPARATION OF FUNDING.

  (a) In General.--There shall be established separate accounts 
in the Treasury of the United States for appropriated funds and 
other deposits available for [the Bureau of Citizenship and 
Immigration Services] United States Citizenship and Immigration 
Services and [the Bureau of Border Security] United States 
Immigration and Customs Enforcement.
  (b) Separate Budgets.--To ensure that [the Bureau of 
Citizenship and Immigration Services] United States Citizenship 
and Immigration Services and [the Bureau of Border Security] 
United States Immigration and Customs Enforcement are funded to 
the extent necessary to fully carry out their respective 
functions, the Director of the Office of Management and Budget 
shall separate the budget requests for each such entity.
  (c) Fees.--Fees imposed for a particular service, 
application, or benefit shall be deposited into the account 
established under subsection (a) that is for the bureau with 
jurisdiction over the function to which the fee relates.
  (d) Fees Not Transferable.--No fee may be transferred between 
[the Bureau of Citizenship and Immigration Services] United 
States Citizenship and Immigration Services and [the Bureau of 
Border Security] United States Immigration and Customs 
Enforcement for purposes not authorized by section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356).

[SEC. 477. REPORTS AND IMPLEMENTATION PLANS.

  [(a) Division of Funds.--The Secretary, not later than 120 
days after the effective date of this Act, shall submit to the 
Committees on Appropriations and the Judiciary of the House of 
Representatives and of the Senate a report on the proposed 
division and transfer of funds, including unexpended funds, 
appropriations, and fees, between the Bureau of Citizenship and 
Immigration Services and the Bureau of Border Security.
  [(b) Division of Personnel.--The Secretary, not later than 
120 days after the effective date of this Act, shall submit to 
the Committees on Appropriations and the Judiciary of the House 
of Representatives and of the Senate a report on the proposed 
division of personnel between the Bureau of Citizenship and 
Immigration Services and the Bureau of Border Security.
  [(c) Implementation Plan.--
          [(1) In general.--The Secretary, not later than 120 
        days after the effective date of this Act, and every 6 
        months thereafter until the termination of fiscal year 
        2005, shall submit to the Committees on Appropriations 
        and the Judiciary of the House of Representatives and 
        of the Senate an implementation plan to carry out this 
        Act.
          [(2) Contents.--The implementation plan should 
        include details concerning the separation of the Bureau 
        of Citizenship and Immigration Services and the Bureau 
        of Border Security, including the following:
                  [(A) Organizational structure, including the 
                field structure.
                  [(B) Chain of command.
                  [(C) Procedures for interaction among such 
                bureaus.
                  [(D) Fraud detection and investigation.
                  [(E) The processing and handling of removal 
                proceedings, including expedited removal and 
                applications for relief from removal.
                  [(F) Recommendations for conforming 
                amendments to the Immigration and Nationality 
                Act (8 U.S.C. 1101 et seq.).
                  [(G) Establishment of a transition team.
                  [(H) Methods to phase in the costs of 
                separating the administrative support systems 
                of the Immigration and Naturalization Service 
                in order to provide for separate administrative 
                support systems for the Bureau of Citizenship 
                and Immigration Services and the Bureau of 
                Border Security.
  [(d) Comptroller General Studies and Reports.--
          [(1) Status reports on transition.--Not later than 18 
        months after the date on which the transfer of 
        functions specified under section 441 takes effect, and 
        every 6 months thereafter, until full implementation of 
        this subtitle has been completed, the Comptroller 
        General of the United States shall submit to the 
        Committees on Appropriations and on the Judiciary of 
        the House of Representatives and the Senate a report 
        containing the following:
                  [(A) A determination of whether the transfers 
                of functions made by subtitles D and E have 
                been completed, and if a transfer of functions 
                has not taken place, identifying the reasons 
                why the transfer has not taken place.
                  [(B) If the transfers of functions made by 
                subtitles D and E have been completed, an 
                identification of any issues that have arisen 
                due to the completed transfers.
                  [(C) An identification of any issues that may 
                arise due to any future transfer of functions.
          [(2) Report on management.--Not later than 4 years 
        after the date on which the transfer of functions 
        specified under section 441 takes effect, the 
        Comptroller General of the United States shall submit 
        to the Committees on Appropriations and on the 
        Judiciary of the House of Representatives and the 
        Senate a report, following a study, containing the 
        following:
                  [(A) Determinations of whether the transfer 
                of functions from the Immigration and 
                Naturalization Service to the Bureau of 
                Citizenship and Immigration Services and the 
                Bureau of Border Security have improved, with 
                respect to each function transferred, the 
                following:
                          [(i) Operations.
                          [(ii) Management, including 
                        accountability and communication.
                          [(iii) Financial administration.
                          [(iv) Recordkeeping, including 
                        information management and technology.
                  [(B) A statement of the reasons for the 
                determinations under subparagraph (A).
                  [(C) Any recommendations for further 
                improvements to the Bureau of Citizenship and 
                Immigration Services and the Bureau of Border 
                Security.
          [(3) Report on fees.--Not later than 1 year after the 
        date of the enactment of this Act, the Comptroller 
        General of the United States shall submit to the 
        Committees on the Judiciary of the House of 
        Representatives and of the Senate a report examining 
        whether the Bureau of Citizenship and Immigration 
        Services is likely to derive sufficient funds from fees 
        to carry out its functions in the absence of 
        appropriated funds.

[SEC. 478. IMMIGRATION FUNCTIONS.

  [(a) Annual Report.--
          [(1) In general.--One year after the date of the 
        enactment of this Act, and each year thereafter, the 
        Secretary shall submit a report to the President, to 
        the Committees on the Judiciary and Government Reform 
        of the House of Representatives, and to the Committees 
        on the Judiciary and Government Affairs of the Senate, 
        on the impact the transfers made by this subtitle has 
        had on immigration functions.
          [(2) Matter included.--The report shall address the 
        following with respect to the period covered by the 
        report:
                  [(A) The aggregate number of all immigration 
                applications and petitions received, and 
                processed, by the Department.
                  [(B) Region-by-region statistics on the 
                aggregate number of immigration applications 
                and petitions filed by an alien (or filed on 
                behalf of an alien) and denied, disaggregated 
                by category of denial and application or 
                petition type.
                  [(C) The quantity of backlogged immigration 
                applications and petitions that have been 
                processed, the aggregate number awaiting 
                processing, and a detailed plan for eliminating 
                the backlog.
                  [(D) The average processing period for 
                immigration applications and petitions, 
                disaggregated by application or petition type.
                  [(E) The number and types of immigration-
                related grievances filed with any official of 
                the Department of Justice, and if those 
                grievances were resolved.
                  [(F) Plans to address grievances and improve 
                immigration services.
                  [(G) Whether immigration-related fees were 
                used consistent with legal requirements 
                regarding such use.
                  [(H) Whether immigration-related questions 
                conveyed by customers to the Department 
                (whether conveyed in person, by telephone, or 
                by means of the Internet) were answered 
                effectively and efficiently.
  [(b) Sense of Congress Regarding Immigration Services.--It is 
the sense of Congress that--
          [(1) the quality and efficiency of immigration 
        services rendered by the Federal Government should be 
        improved after the transfers made by this subtitle take 
        effect; and
          [(2) the Secretary should undertake efforts to 
        guarantee that concerns regarding the quality and 
        efficiency of immigration services are addressed after 
        such effective date.]

SEC. 478. IMMIGRATION FUNCTIONS.

  (a) In General.--One year after the date of the enactment of 
this Act, and each year thereafter, the Secretary shall submit 
a report to the President, to the Committees on the Judiciary 
and Oversight and Government Reform of the House of 
Representatives, and to the Committees on the Judiciary and 
Homeland Security and Governmental Affairs of the Senate, on 
the impact the transfers made by this subtitle has had on 
immigration functions.
  (b) Matter Included.--The report shall address the following 
with respect to the period covered by the report:
          (1) The aggregate number of all immigration 
        applications and petitions received, and processed, by 
        the Department.
          (2) Region-by-region statistics on the aggregate 
        number of immigration applications and petitions filed 
        by an alien (or filed on behalf of an alien) and 
        denied, disaggregated by category of denial and 
        application or petition type.
          (3) The quantity of backlogged immigration 
        applications and petitions that have been processed, 
        the aggregate number awaiting processing, and a 
        detailed plan for eliminating the backlog.
          (4) The average processing period for immigration 
        applications and petitions, disaggregated by 
        application or petition type.
          (5) The number and types of immigration-related 
        grievances filed with any official of the Department of 
        Justice, and if those grievances were resolved.
          (6) Plans to address grievances and improve 
        immigration services.
          (7) Whether immigration-related fees were used 
        consistent with legal requirements regarding such use.
          (8) Whether immigration-related questions conveyed by 
        customers to the Department (whether conveyed in 
        person, by telephone, or by means of the Internet) were 
        answered effectively and efficiently.

                 TITLE V--NATIONAL EMERGENCY MANAGEMENT

SEC. 501. DEFINITIONS.

   In this title--
          (1) the term ``Administrator'' means the 
        Administrator of the Agency;
          (2) the term ``Agency'' means the Federal Emergency 
        Management Agency;
          (3) the term ``catastrophic incident'' means any 
        natural disaster, act of terrorism, or other man-made 
        disaster that results in extraordinary levels of 
        casualties or damage or disruption severely affecting 
        the population (including mass evacuations), 
        infrastructure, environment, economy, national morale, 
        or government functions in an area;
          (4) the terms ``credentialed'' and ``credentialing'' 
        mean having provided, or providing, respectively, 
        documentation that identifies personnel and 
        authenticates and verifies the qualifications of such 
        personnel by ensuring that such personnel possess a 
        minimum common level of training, experience, physical 
        and medical fitness, and capability appropriate for a 
        particular position in accordance with standards 
        created under section 510;
          (5) the term ``Federal coordinating officer'' means a 
        Federal coordinating officer as described in section 
        302 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5143);
          (6) the term ``interoperable'' has the meaning given 
        the term ``interoperable communications'' under section 
        7303(g)(1) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(g)(1));
          (7) the term ``National Incident Management System'' 
        means a system to enable effective, efficient, and 
        collaborative incident management;
          (8) the term ``National Response Plan'' means the 
        National Response Plan or any successor plan prepared 
        under [section 502(a)(6)] section 504(a)(6);
          (9) the term ``Regional Administrator'' means a 
        Regional Administrator appointed under section 507;
          (10) the term ``Regional Office'' means a Regional 
        Office established under section 507;
          (11) the term ``resources'' means personnel and major 
        items of equipment, supplies, and facilities available 
        or potentially available for responding to a natural 
        disaster, act of terrorism, or other man-made disaster;
          (12) the term ``surge capacity'' means the ability to 
        rapidly and substantially increase the provision of 
        search and rescue capabilities, food, water, medicine, 
        shelter and housing, medical care, evacuation capacity, 
        staffing (including disaster assistance employees), and 
        other resources necessary to save lives and protect 
        property during a catastrophic incident;
          (13) the term ``tribal government'' means the 
        government of any entity described in section 2(11)(B); 
        and
          (14) the terms ``typed'' and ``typing'' mean having 
        evaluated, or evaluating, respectively, a resource in 
        accordance with standards created under section 510.

           *       *       *       *       *       *       *

SEC. 504. AUTHORITY AND RESPONSIBILITIES.

  (a) In General.--The Administrator shall provide Federal 
leadership necessary to prepare for, protect against, respond 
to, recover from, or mitigate against a natural disaster, act 
of terrorism, or other man-made disaster, including--
          (1) helping to ensure the effectiveness of emergency 
        response providers to terrorist attacks, major 
        disasters, and other emergencies;
          (2) with respect to the Nuclear Incident Response 
        Team (regardless of whether it is operating as an 
        organizational unit of the Department pursuant to this 
        title)--
                  (A) establishing standards and certifying 
                when those standards have been met;
                  (B) conducting joint and other exercises and 
                training and evaluating performance; and
                  (C) providing funds to the Department of 
                Energy and the Environmental Protection Agency, 
                as appropriate, for homeland security planning, 
                exercises and training, and equipment;
          (3) providing the Federal Government's response to 
        terrorist attacks and major disasters, including--
                  (A) managing such response;
                  (B) directing the Domestic Emergency Support 
                Team[, the National Disaster Medical System,] 
                and (when operating as an organizational unit 
                of the Department pursuant to this title) the 
                Nuclear Incident Response Team;
                  (C) overseeing the Metropolitan Medical 
                Response System; and
                  (D) coordinating other Federal response 
                resources, including requiring deployment of 
                the Strategic National Stockpile, in the event 
                of a terrorist attack or major disaster;
          (4) aiding the recovery from terrorist attacks and 
        major disasters;
          (5) building a comprehensive national incident 
        management system with Federal, State, and local 
        government personnel, agencies, and authorities, to 
        respond to such attacks and disasters;
          (6) consolidating existing Federal Government 
        emergency response plans into a single, coordinated 
        national response plan;
          (7) helping ensure the acquisition of operable and 
        interoperable communications capabilities by Federal, 
        State, local, and tribal governments and emergency 
        response providers;
          (8) assisting the President in carrying out the 
        functions under the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
        and carrying out all functions and authorities given to 
        the Administrator under that Act;
          (9) carrying out the mission of the Agency to reduce 
        the loss of life and property and protect the Nation 
        from all hazards by leading and supporting the Nation 
        in a risk-based, comprehensive emergency management 
        system of--
                  (A) mitigation, by taking sustained actions 
                to reduce or eliminate long-term risks to 
                people and property from hazards and their 
                effects;
                  (B) preparedness, by planning, training, and 
                building the emergency management profession to 
                prepare effectively for, mitigate against, 
                respond to, and recover from any hazard;
                  (C) response, by conducting emergency 
                operations to save lives and property through 
                positioning emergency equipment, personnel, and 
                supplies, through evacuating potential victims, 
                through providing food, water, shelter, and 
                medical care to those in need, and through 
                restoring critical public services; and
                  (D) recovery, by rebuilding communities so 
                individuals, businesses, and governments can 
                function on their own, return to normal life, 
                and protect against future hazards;
          (10) increasing efficiencies, by coordinating efforts 
        relating to preparedness, protection, response, 
        recovery, and mitigation;
          (11) helping to ensure the effectiveness of emergency 
        response providers in responding to a natural disaster, 
        act of terrorism, or other man-made disaster;
          (12) supervising grant programs administered by the 
        Agency;
          (13) administering and ensuring the implementation of 
        the National Response Plan, including coordinating and 
        ensuring the readiness of each emergency support 
        function under the National Response Plan;
          (14) coordinating with the National Advisory Council 
        established under section 508;
          (15) preparing and implementing the plans and 
        programs of the Federal Government for--
                  (A) continuity of operations;
                  (B) continuity of government; and
                  (C) continuity of plans;
          (16) minimizing, to the extent practicable, 
        overlapping planning and reporting requirements 
        applicable to State, local, and tribal governments and 
        the private sector;
          (17) maintaining and operating within the Agency the 
        National Response Coordination Center or its successor;
          (18) developing a national emergency management 
        system that is capable of preparing for, protecting 
        against, responding to, recovering from, and mitigating 
        against catastrophic incidents;
          (19) assisting the President in carrying out the 
        functions under the national preparedness goal and the 
        national preparedness system and carrying out all 
        functions and authorities of the Administrator under 
        the national preparedness System;
          (20) carrying out all authorities of the Federal 
        Emergency Management Agency and the Directorate of 
        Preparedness of the Department as transferred under 
        section 505; and
          (21) otherwise carrying out the mission of the Agency 
        as described in section 503(b).
  (b) All-Hazards Approach.--In carrying out the 
responsibilities under this section, the Administrator shall 
coordinate the implementation of a risk-based, all-hazards 
strategy that builds those common capabilities necessary to 
prepare for, protect against, respond to, recover from, or 
mitigate against natural disasters, acts of terrorism, and 
other man-made disasters, while also building the unique 
capabilities necessary to prepare for, protect against, respond 
to, recover from, or mitigate against the risks of specific 
types of incidents that pose the greatest risk to the Nation.

           *       *       *       *       *       *       *

   TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED 
    FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS

SEC. 601. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED 
                    FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL 
                    ORGANIZATIONS.

  (a) Findings.--Congress finds the following:
          (1) Members of the Armed Forces of the United States 
        defend the freedom and security of our Nation.
          (2) Members of the Armed Forces of the United States 
        have lost their lives while battling the evils of 
        terrorism around the world.
          (3) Personnel of the Central Intelligence Agency 
        (CIA) charged with the responsibility of covert 
        observation of terrorists around the world are often 
        put in harm's way during their service to the United 
        States.
          (4) Personnel of the Central Intelligence Agency have 
        also lost their lives while battling the evils of 
        terrorism around the world.
          (5) Employees of the Federal Bureau of Investigation 
        (FBI) and other Federal agencies charged with domestic 
        protection of the United States put their lives at risk 
        on a daily basis for the freedom and security of our 
        Nation.
          (6) United States military personnel, CIA personnel, 
        FBI personnel, and other Federal agents in the service 
        of the United States are patriots of the highest order.
          (7) CIA officer Johnny Micheal Spann became the first 
        American to give his life for his country in the War on 
        Terrorism declared by President George W. Bush 
        following the terrorist attacks of September 11, 2001.
          (8) Johnny Micheal Spann left behind a wife and 
        children who are very proud of the heroic actions of 
        their patriot father.
          (9) Surviving dependents of members of the Armed 
        Forces of the United States who lose their lives as a 
        result of terrorist attacks or military operations 
        abroad receive a $6,000 death benefit, plus a small 
        monthly benefit.
          (10) The current system of compensating spouses and 
        children of American patriots is inequitable and needs 
        improvement.
  (b) Designation of Johnny Micheal Spann Patriot Trusts.--Any 
charitable corporation, fund, foundation, or trust (or separate 
fund or account thereof) which otherwise meets all applicable 
requirements under law with respect to charitable entities and 
meets the requirements described in subsection (c) shall be 
eligible to characterize itself as a ``Johnny Micheal Spann 
Patriot Trust''.
  (c) Requirements for the Designation of Johnny Micheal Spann 
Patriot Trusts.--The requirements described in this subsection 
are as follows:
          (1) Not taking into account funds or donations 
        reasonably necessary to establish a trust, at least 85 
        percent of all funds or donations (including any 
        earnings on the investment of such funds or donations) 
        received or collected by any Johnny Micheal Spann 
        Patriot Trust must be distributed to (or, if placed in 
        a private foundation, held in trust for) surviving 
        spouses, children, or dependent parents, grandparents, 
        or siblings of 1 or more of the following:
                  (A) members of the Armed Forces of the United 
                States;
                  (B) personnel, including contractors, of 
                elements of the intelligence community, as 
                defined in section 3(4) of the National 
                Security Act of 1947;
                  (C) employees of the Federal Bureau of 
                Investigation; and
                  (D) officers, employees, or contract 
                employees of the United States Government,
        whose deaths occur in the line of duty and arise out of 
        terrorist attacks, military operations, intelligence 
        operations, or law enforcement operations or accidents 
        connected with activities occurring after September 11, 
        2001, and related to domestic or foreign efforts to 
        curb international terrorism, including the 
        Authorization for Use of Military Force (Public Law 
        107-40; 115 Stat. 224).
          (2) Other than funds or donations reasonably 
        necessary to establish a trust, not more than 15 
        percent of all funds or donations (or 15 percent of 
        annual earnings on funds invested in a private 
        foundation) may be used for administrative purposes.
          (3) No part of the net earnings of any Johnny Micheal 
        Spann Patriot Trust may inure to the benefit of any 
        individual based solely on the position of such 
        individual as a shareholder, an officer or employee of 
        such Trust.
          (4) None of the activities of any Johnny Micheal 
        Spann Patriot Trust shall be conducted in a manner 
        inconsistent with any law that prohibits attempting to 
        influence legislation.
          (5) No Johnny Micheal Spann Patriot Trust may 
        participate in or intervene in any political campaign 
        on behalf of (or in opposition to) any candidate for 
        public office, including by publication or distribution 
        of statements.
          (6) Each Johnny Micheal Spann Patriot Trust shall 
        comply with the instructions and directions of the 
        [Director of Central Intelligence] Director of National 
        Intelligence, the Attorney General, or the Secretary of 
        Defense relating to the protection of intelligence 
        sources and methods, sensitive law enforcement 
        information, or other sensitive national security 
        information, including methods for confidentially 
        disbursing funds.
          (7) Each Johnny Micheal Spann Patriot Trust that 
        receives annual contributions totaling more than 
        $1,000,000 must be audited annually by an independent 
        certified public accounting firm. Such audits shall be 
        filed with the Internal Revenue Service, and shall be 
        open to public inspection, except that the conduct, 
        filing, and availability of the audit shall be 
        consistent with the protection of intelligence sources 
        and methods, of sensitive law enforcement information, 
        and of other sensitive national security information.
          (8) Each Johnny Micheal Spann Patriot Trust shall 
        make distributions to beneficiaries described in 
        paragraph (1) at least once every calendar year, 
        beginning not later than 12 months after the formation 
        of such Trust, and all funds and donations received and 
        earnings not placed in a private foundation dedicated 
        to such beneficiaries must be distributed within 36 
        months after the end of the fiscal year in which such 
        funds, donations, and earnings are received.
          (9)(A) When determining the amount of a distribution 
        to any beneficiary described in paragraph (1), a Johnny 
        Micheal Spann Patriot Trust should take into account 
        the amount of any collateral source compensation that 
        the beneficiary has received or is entitled to receive 
        as a result of the death of an individual described in 
        paragraph (1).
          (B) Collateral source compensation includes all 
        compensation from collateral sources, including life 
        insurance, pension funds, death benefit programs, and 
        payments by Federal, State, or local governments 
        related to the death of an individual described in 
        paragraph (1).
  (d) Treatment of Johnny Micheal Spann Patriot Trusts.--Each 
Johnny Micheal Spann Patriot Trust shall refrain from 
conducting the activities described in clauses (i) and (ii) of 
section 301(20)(A) of the Federal Election Campaign Act of 1971 
so that a general solicitation of funds by an individual 
described in paragraph (1) of section 323(e) of such Act will 
be permissible if such solicitation meets the requirements of 
paragraph (4)(A) of such section.
  (e) Notification of Trust Beneficiaries.--Notwithstanding any 
other provision of law, and in a manner consistent with the 
protection of intelligence sources and methods and sensitive 
law enforcement information, and other sensitive national 
security information, the Secretary of Defense, the Director of 
the Federal Bureau of Investigation, or the [Director of 
Central Intelligence] Director of National Intelligence, or 
their designees, as applicable, may forward information 
received from an executor, administrator, or other legal 
representative of the estate of a decedent described in 
subparagraph (A), (B), (C), or (D) of subsection (c)(1), to a 
Johnny Micheal Spann Patriot Trust on how to contact 
individuals eligible for a distribution under subsection (c)(1) 
for the purpose of providing assistance from such Trust: 
Provided, That, neither forwarding nor failing to forward any 
information under this subsection shall create any cause of 
action against any Federal department, agency, officer, agent, 
or employee.
  (f) Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Defense, in 
coordination with the Attorney General, the Director of the 
Federal Bureau of Investigation, and the [Director of Central 
Intelligence] Director of National Intelligence, shall 
prescribe regulations to carry out this section.

                         TITLE VII--MANAGEMENT

SEC. 701. UNDER SECRETARY FOR MANAGEMENT.

  (a) In General.--The Under Secretary for Management shall 
serve as the Chief Management Officer and principal advisor to 
the Secretary on matters related to the management of the 
Department, including management integration and transformation 
in support of homeland security operations and programs. The 
Secretary, acting through the Under Secretary for Management, 
shall be responsible for the management and administration of 
the Department, including the following:
          (1) The budget, appropriations, expenditures of 
        funds, accounting, and finance.
          (2) Procurement.
          (3) Human resources and personnel.
          (4) Information technology and communications 
        systems, including policies and directives to achieve 
        and maintain interoperable communications among the 
        components of the Department.
          (5) Facilities, property, equipment, and other 
        material resources.
          (6) Security for personnel, information technology 
        and communications systems, facilities, property, 
        equipment, and other material resources.
          (7) Strategic management planning and annual 
        performance planning and identification and tracking of 
        performance measures relating to the responsibilities 
        of the Department.
          (8) Grants and other assistance management programs.
          (9) The management integration and transformation 
        process, as well as the transition process, to ensure 
        an efficient and orderly consolidation of functions and 
        personnel in the Department and transition, including--
                  (A) the development of a management 
                integration strategy for the Department, and
                  (B) before December 1 of any year in which a 
                Presidential election is held, the development 
                of a transition and succession plan, to be made 
                available to the incoming Secretary and Under 
                Secretary for Management, to guide the 
                transition of management functions to a new 
                Administration.
          (10) The conduct of internal audits and management 
        analyses of the programs and activities of the 
        Department.
          (11) Any other management duties that the Secretary 
        may designate.
  (b) Immigration.--
          (1) In general.--In addition to the responsibilities 
        described in subsection (a), the Under Secretary for 
        Management shall be responsible for the following:
                  (A) Maintenance of all immigration 
                statistical information of [the Bureau of 
                Border Security and the Bureau of Citizenship 
                and Immigration Services] United States 
                Citizenship and Immigration Services and United 
                States Immigration and Customs Enforcement. 
                Such statistical information shall include 
                information and statistics of the type 
                contained in the publication entitled 
                ``Statistical Yearbook of the Immigration and 
                Naturalization Service'' prepared by the 
                Immigration and Naturalization Service (as in 
                effect immediately before the date on which the 
                transfer of functions specified under section 
                441 takes effect), including region-by-region 
                statistics on the aggregate number of 
                applications and petitions filed by an alien 
                (or filed on behalf of an alien) and denied by 
                [such bureau] United States Citizenship and 
                Immigration Services, and the reasons for such 
                denials, disaggregated by category of denial 
                and application or petition type.
                  (B) Establishment of standards of reliability 
                and validity for immigration statistics 
                collected by [such bureaus] United States 
                Citizenship and Immigration Services and United 
                States Immigration and Customs Enforcement.
          (2) Transfer of functions.--In accordance with title 
        XV, there shall be transferred to the Under Secretary 
        for Management all functions performed immediately 
        before such transfer occurs by the Statistics Branch of 
        the Office of Policy and Planning of the Immigration 
        and Naturalization Service with respect to the 
        following programs:
                  (A) The Border Patrol program.
                  (B) The detention and removal program.
                  (C) The intelligence program.
                  (D) The investigations program.
                  (E) The inspections program.
                  (F) Adjudication of immigrant visa petitions.
                  (G) Adjudication of naturalization petitions.
                  (H) Adjudication of asylum and refugee 
                applications.
                  (I) Adjudications performed at service 
                centers.
                  (J) All other adjudications performed by the 
                Immigration and Naturalization Service.
  (c) Appointment and Evaluation.--The Under Secretary for 
Management shall--
          (1) be appointed by the President, by and with the 
        advice and consent of the Senate, from among persons 
        who have--
                  (A) extensive executive level leadership and 
                management experience in the public or private 
                sector;
                  (B) strong leadership skills;
                  (C) a demonstrated ability to manage large 
                and complex organizations; and
                  (D) a proven record in achieving positive 
                operational results;
          (2) enter into an annual performance agreement with 
        the Secretary that shall set forth measurable 
        individual and organizational goals; and
          (3) be subject to an annual performance evaluation by 
        the Secretary, who shall determine as part of each such 
        evaluation whether the Under Secretary for Management 
        has made satisfactory progress toward achieving the 
        goals set out in the performance agreement required 
        under paragraph (2).
  (d) Interoperable Communications Defined.--In this section, 
the term ``interoperable communications'' has the meaning given 
that term in section 7303(g) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)).

           *       *       *       *       *       *       *

[SEC. 706. CONSOLIDATION AND CO-LOCATION OF OFFICES.

   [Not later than 1 year after the date of the enactment of 
this Act, the Secretary shall develop and submit to Congress a 
plan for consolidating and co-locating--
          [(1) any regional offices or field offices of 
        agencies that are transferred to the Department under 
        this Act, if such officers are located in the same 
        municipality; and
          [(2) portions of regional and field offices of other 
        Federal agencies, to the extent such offices perform 
        functions that are transferred to the Secretary under 
        this Act.]

           *       *       *       *       *       *       *

TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *

Subtitle D--Acquisitions

           *       *       *       *       *       *       *

SEC. 833. SPECIAL STREAMLINED ACQUISITION AUTHORITY.

  (a) Authority.--
          (1) In general.--The Secretary may use the 
        authorities set forth in this section with respect to 
        any procurement made during the period beginning on the 
        effective date of this Act and ending September 30, 
        2007, if the Secretary determines in writing that the 
        mission of the Department (as described in section 101) 
        would be seriously impaired without the use of such 
        authorities.
          (2) Delegation.--The authority to make the 
        determination described in paragraph (1) may not be 
        delegated by the Secretary to an officer of the 
        Department who is not appointed by the President with 
        the advice and consent of the Senate.
          (3) Notification.--Not later than the date that is 7 
        days after the date of any determination under 
        paragraph (1), the Secretary shall submit to the 
        Committee on Government Reform of the House of 
        Representatives and the Committee on Governmental 
        Affairs of the Senate--
          (A) notification of such determination; and
          (B) the justification for such determination.
  (b) Increased Micro-Purchase Threshold For Certain 
Procurements.--
          (1) In general.--The Secretary may designate certain 
        employees of the Department to make procurements 
        described in subsection (a) for which in the 
        administration of section 32 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 428) the amount 
        specified in subsections (c), (d), and (f) of such 
        section 32 shall be deemed to be $7,500.
          (2) Number of employees.--The number of employees 
        designated under paragraph (1) shall be--
                  (A) fewer than the number of employees of the 
                Department who are authorized to make purchases 
                without obtaining competitive quotations, 
                pursuant to section 32(c) of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 
                428(c));
                  (B) sufficient to ensure the geographic 
                dispersal of the availability of the use of the 
                procurement authority under such paragraph at 
                locations reasonably considered to be potential 
                terrorist targets; and
                  (C) sufficiently limited to allow for the 
                careful monitoring of employees designated 
                under such paragraph.
          (3) Review.--Procurements made under the authority of 
        this subsection shall be subject to review by a 
        designated supervisor on not less than a monthly basis. 
        The supervisor responsible for the review shall be 
        responsible for no more than 7 employees making 
        procurements under this subsection.
  (c) Simplified Acquisition Procedures.--
          (1) In general.--With respect to a procurement 
        described in subsection (a), the Secretary may deem the 
        simplified acquisition threshold referred to in section 
        4(11) of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 403(11)) to be--
                  (A) in the case of a contract to be awarded 
                and performed, or purchase to be made, within 
                the United States, $200,000; and
                  (B) in the case of a contract to be awarded 
                and performed, or purchase to be made, outside 
                of the United States, $300,000.
          (2) [Omitted--amends other Act]
  (d) Application of Certain Commercial Items Authorities.--
          (1) In general.--With respect to a procurement 
        described in subsection (a), the Secretary may deem any 
        item or service to be a commercial item for the purpose 
        of Federal procurement laws.
          (2) Limitation.--The $5,000,000 limitation provided 
        in section 31(a)(2) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 427(a)(2)) and 
        section 303(g)(1)(B) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 
        253(g)(1)(B)) shall be deemed to be $7,500,000 for 
        purposes of property or services under the authority of 
        this subsection.
          (3) Certain authority.--Authority under a provision 
        of law referred to in paragraph (2) that expires under 
        section 4202(e) of the Clinger-Cohen Act of 1996 
        (divisions D and E of Public Law 104-106; 10 U.S.C. 
        2304 note) shall, notwithstanding such section, 
        continue to apply for a procurement described in 
        subsection (a).
  [(e) Report.--Not later than 180 days after the end of fiscal 
year 2005, the Comptroller General shall submit to the 
Committee on Governmental Affairs of the Senate and the 
Committee on Government Reform of the House of Representatives 
a report on the use of the authorities provided in this 
section. The report shall contain the following:
          [(1) An assessment of the extent to which property 
        and services acquired using authorities provided under 
        this section contributed to the capacity of the Federal 
        workforce to facilitate the mission of the Department 
        as described in section 101.
          [(2) An assessment of the extent to which prices for 
        property and services acquired using authorities 
        provided under this section reflected the best value.
          [(3) The number of employees designated by each 
        executive agency under subsection (b)(1).
          [(4) An assessment of the extent to which the 
        Department has implemented subsections (b)(2) and 
        (b)(3) to monitor the use of procurement authority by 
        employees designated under subsection (b)(1).
          [(5) Any recommendations of the Comptroller General 
        for improving the effectiveness of the implementation 
        of the provisions of this section.]

           *       *       *       *       *       *       *

Subtitle E--Human Resources Management

           *       *       *       *       *       *       *

SEC. 843. 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] 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. 844. HOMELAND SECURITY ROTATION PROGRAM.

  (a) 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.
  (b) Goals.--The Rotation Program established by the Secretary 
shall--
          (1) be established in accordance with the Human 
        Capital Strategic Plan of the Department;
          (2) provide middle and senior level employees in the 
        Department the opportunity to broaden their knowledge 
        through exposure to other components of the Department;
          (3) expand the knowledge base of the Department by 
        providing for rotational assignments of employees to 
        other components;
          (4) build professional relationships and contacts 
        among the employees in the Department;
          (5) invigorate the workforce with exciting and 
        professionally rewarding opportunities;
          (6) 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
          (7) complement and incorporate (but not replace) 
        rotational programs within the Department in effect on 
        the date of enactment of this section.
  (c) Administration.--
          (1) In general.--The Chief Human Capital Officer 
        shall administer the Rotation Program.
          (2) Responsibilities.--The Chief Human Capital 
        Officer shall--
                  (A) provide oversight of the establishment 
                and implementation of the Rotation Program;
                  (B) establish a framework that supports the 
                goals of the Rotation Program and promotes 
                cross-disciplinary rotational opportunities;
                  (C) establish eligibility for employees to 
                participate in the Rotation Program and select 
                participants from employees who apply;
                  (D) establish incentives for employees to 
                participate in the Rotation Program, including 
                promotions and employment preferences;
                  (E) ensure that the Rotation Program provides 
                professional education and training;
                  (F) ensure that the Rotation Program develops 
                qualified employees and future leaders with 
                broadbased experience throughout the 
                Department;
                  (G) provide for greater interaction among 
                employees in components of the Department; and
                  (H) coordinate with rotational programs 
                within the Department in effect on the date of 
                enactment of this section.
  (d) Allowances, Privileges, and Benefits.--All allowances, 
privileges, rights, seniority, and other benefits of employees 
participating in the Rotation Program shall be preserved.

           *       *       *       *       *       *       *

Subtitle F--Federal Emergency Procurement Flexibility

           *       *       *       *       *       *       *

[SEC. 857. 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.]

           *       *       *       *       *       *       *

Subtitle H--Miscellaneous Provisions

           *       *       *       *       *       *       *

[SEC. 878. 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.
  [(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. 881. 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. OFFICE FOR NATIONAL CAPITAL REGION COORDINATION.

  (a) Establishment.--
          (1) In general.--There is established within the 
        [Office of the Secretary] Federal Emergency Management 
        Agency 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. 888. 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) 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.
  (g) 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.
  [(h) 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.]

           *       *       *       *       *       *       *

Subtitle I--Information Sharing

           *       *       *       *       *       *       *

SEC. 892. 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] Director of National 
        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] Director of National 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. 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.]

           *       *       *       *       *       *       *

TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL

           *       *       *       *       *       *       *

SEC. 903. MEMBERSHIP.

  (a) Members.--The members of the Council shall be the 
following:
          (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.

           *       *       *       *       *       *       *

                     TITLE X--INFORMATION SECURITY

SEC. 1001. INFORMATION SECURITY.

  (a) Short Title.--This title may be cited as the ``Federal 
Information Security Management Act of 2002''.

           *       *       *       *       *       *       *

  (c) 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] 
        Director of National 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 3552(b)(5) 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.).

           *       *       *       *       *       *       *

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 XIV--ARMING PILOTS AGAINST TERRORISM

[SEC. 1401. SHORT TITLE.

  [This title may be cited as the ``Arming Pilots Against 
Terrorism Act''.

[SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.

  [(a) Omitted--amends another Act.
  [(b) Omitted--amends another Act.
  [(c) 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) Omitted--amends another Act.
  [(b) Omitted--amends another Act.
  [(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.

[SEC. 1405. AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-LETHAL 
                    WEAPONS.

  [(a) In General.--Section 44903(i) of title 49, United States 
Code (as redesignated by section 6 of this Act) is amended by 
adding at the end the following:
          [``(3) Request of air carriers to use less-than-
        lethal weapons If, after the date of enactment of this 
        paragraph, the Under Secretary receives a request from 
        an air carrier for authorization to allow pilots of the 
        air carrier to carry less-than-lethal weapons, the 
        Under Secretary shall respond to that request within 90 
        days.''.
  [(b) Conforming Amendments.--Such section is further 
amended--
          [(1) in paragraph (1) by striking ``Secretary'' the 
        first and third places it appears and inserting ``Under 
        Secretary''; and
          [(2) in paragraph (2) by striking ``Secretary'' each 
        place it appears and inserting ``Under Secretary''.

[SEC. 1406. TECHNICAL AMENDMENTS.

  [Section 44903 of title 49, United States Code, is amended--
          [(1) by redesignating subsection (i) (relating to 
        short-term assessment and deployment of emerging 
        security technologies and procedures) as subsection 
        (j);
          [(2) by redesignating the second subsection (h) 
        (relating to authority to arm flight deck crew with 
        less-than-lethal weapons) as subsection (i); and
          [(3) by redesignating the third subsection (h) 
        (relating to limitation on liability for acts to thwart 
        criminal violence for aircraft piracy) as subsection 
        (k).]

                          TITLE XV--TRANSITION

Subtitle A--Reorganization Plan

           *       *       *       *       *       *       *

[SEC. 1502. 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.]

           *       *       *       *       *       *       *

                 TITLE XVIII--EMERGENCY COMMUNICATIONS

SEC. 1801. 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] Administrator of the 
        Federal Emergency Management Agency, 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. 1804. 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] 
        Administrator of the Federal Emergency Management 
        Agency, 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.

           *       *       *       *       *       *       *

TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

           *       *       *       *       *       *       *

SEC. 1902. 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;
          (10) lead the development and implementation of the 
        national strategic five-year plan for improving the 
        nuclear forensic and attribution capabilities of the 
        United States required under section 1036 of the 
        National Defense Authorization Act for Fiscal Year 
        2010;
          (11) establish, within the Domestic Nuclear Detection 
        Office, the National Technical Nuclear Forensics Center 
        to provide centralized stewardship, planning, 
        assessment, gap analysis, exercises, improvement, and 
        integration for all Federal nuclear forensics and 
        attribution activities--
                  (A) to ensure an enduring national technical 
                nuclear forensics capability to strengthen the 
                collective response of the United States to 
                nuclear terrorism or other nuclear attacks; and
                  (B) to coordinate and implement the national 
                strategic five-year plan referred to in 
                paragraph (10);
          (12) establish a National Nuclear Forensics Expertise 
        Development Program, which--
                  (A) is devoted to developing and maintaining 
                a vibrant and enduring academic pathway from 
                undergraduate to post-doctorate study in 
                nuclear and geochemical science specialties 
                directly relevant to technical nuclear 
                forensics, including radiochemistry, 
                geochemistry, nuclear physics, nuclear 
                engineering, materials science, and analytical 
                chemistry;
                  (B) shall--
                          (i) make available for undergraduate 
                        study student scholarships, with a 
                        duration of up to 4 years per student, 
                        which shall include, if possible, at 
                        least 1 summer internship at a national 
                        laboratory or appropriate Federal 
                        agency in the field of technical 
                        nuclear forensics during the course of 
                        the student's undergraduate career;
                          (ii) make available for doctoral 
                        study student fellowships, with a 
                        duration of up to 5 years per student, 
                        which shall--
                                  (I) include, if possible, at 
                                least 2 summer internships at a 
                                national laboratory or 
                                appropriate Federal agency in 
                                the field of technical nuclear 
                                forensics during the course of 
                                the student's graduate career; 
                                and
                                  (II) require each recipient 
                                to commit to serve for 2 years 
                                in a post-doctoral position in 
                                a technical nuclear forensics-
                                related specialty at a national 
                                laboratory or appropriate 
                                Federal agency after 
                                graduation;
                          (iii) make available to faculty 
                        awards, with a duration of 3 to 5 years 
                        each, to ensure faculty and their 
                        graduate students have a sustained 
                        funding stream; and
                          (iv) place a particular emphasis on 
                        reinvigorating technical nuclear 
                        forensics programs while encouraging 
                        the participation of undergraduate 
                        students, graduate students, and 
                        university faculty from historically 
                        Black colleges and universities, 
                        Hispanic-serving institutions, Tribal 
                        Colleges and Universities, Asian 
                        American and Native American Pacific 
                        Islander-serving institutions, Alaska 
                        Native-serving institutions, and 
                        Hawaiian Native-serving institutions; 
                        and
                  (C) shall--
                          (i) provide for the selection of 
                        individuals to receive scholarships or 
                        fellowships under this section through 
                        a competitive process primarily on the 
                        basis of academic merit and the nuclear 
                        forensics and attribution needs of the 
                        United States Government;
                          (ii) provide for the setting aside of 
                        up to 10 percent of the scholarships or 
                        fellowships awarded under this section 
                        for individuals who are Federal 
                        employees to enhance the education of 
                        such employees in areas of critical 
                        nuclear forensics and attribution needs 
                        of the United States Government, for 
                        doctoral education under the 
                        scholarship on a full-time or part-time 
                        basis;
                          (iii) provide that the Secretary may 
                        enter into a contractual agreement with 
                        an institution of higher education 
                        under which the amounts provided for a 
                        scholarship under this section for 
                        tuition, fees, and other authorized 
                        expenses are paid directly to the 
                        institution with respect to which such 
                        scholarship is awarded;
                          (iv) require scholarship recipients 
                        to maintain satisfactory academic 
                        progress; and
                          (v) require that--
                                  (I) a scholarship recipient 
                                who fails to maintain a high 
                                level of academic standing, as 
                                defined by the Secretary, who 
                                is dismissed for disciplinary 
                                reasons from the educational 
                                institution such recipient is 
                                attending, or who voluntarily 
                                terminates academic training 
                                before graduation from the 
                                educational program for which 
                                the scholarship was awarded 
                                shall be liable to the United 
                                States for repayment within 1 
                                year after the date of such 
                                default of all scholarship 
                                funds paid to such recipient 
                                and to the institution of 
                                higher education on the behalf 
                                of such recipient, provided 
                                that the repayment period may 
                                be extended by the Secretary if 
                                the Secretary determines it 
                                necessary, as established by 
                                regulation; and
                                  (II) a scholarship recipient 
                                who, for any reason except 
                                death or disability, fails to 
                                begin or complete the post-
                                doctoral service requirements 
                                in a technical nuclear 
                                forensics-related specialty at 
                                a national laboratory or 
                                appropriate Federal agency 
                                after completion of academic 
                                training shall be liable to the 
                                United States for an amount 
                                equal to--
                                          (aa) the total amount 
                                        of the scholarship 
                                        received by such 
                                        recipient under this 
                                        section; and
                                          (bb) the interest on 
                                        such amounts which 
                                        would be payable if at 
                                        the time the 
                                        scholarship was 
                                        received such 
                                        scholarship was a loan 
                                        bearing interest at the 
                                        maximum legally 
                                        prevailing rate;
          (13) provide an annual report to Congress on the 
        activities carried out under paragraphs (10), (11), and 
        (12); and
          (14) perform other duties as assigned by the 
        Secretary.
  (b) Definitions.--In this section:
          (1) Alaska native-serving institution.--The term 
        ``Alaska Native-serving institution'' has the meaning 
        given the term in section 317 of the Higher Education 
        Act of 1965 (20 U.S.C. 1059d).
          (2) Asian american and native american pacific 
        islander-serving institution.--The term ``Asian 
        American and Native American Pacific Islander-serving 
        institution'' has the meaning given the term in section 
        320 of the Higher Education Act of 1965 (20 U.S.C. 
        1059g).
          (3)  [Hawaiian native-serving]  Native hawaiian-
        serving institution.--The term ``[Hawaiian native-
        serving] Native Hawaiian-serving institution'' has the 
        meaning given the term in section 317 of the Higher 
        Education Act of 1965 (20 U.S.C. 1059d).
          (4) Hispanic-serving institution.--The term 
        ``Hispanic-serving institution'' has the meaning given 
        that term in section 502 of the Higher Education Act of 
        1965 (20 U.S.C. 1101a).
          (5) Historically black college or university.--The 
        term ``historically Black college or university'' has 
        the meaning given the term ``part B institution'' in 
        section 322(2) of the Higher Education Act of 1965 (20 
        U.S.C. 1061(2)).
          (6) Tribal college or university.--The term ``Tribal 
        College or University'' has the meaning given that term 
        in section 316(b) of the Higher Education Act of 1965 
        (20 U.S.C. 1059c(b)).

           *       *       *       *       *       *       *

TITLE XX--HOMELAND SECURITY GRANTS

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

SEC. 2006. 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; and
                  (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.

           *       *       *       *       *       *       *

                   Subtitle B--Grants Administration

SEC. 2021. 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)] (c) 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.

           *       *       *       *       *       *       *

                                  [all]
```