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[House Report 115-90]
[From the U.S. Government Publishing Office]

115th Congress    }                                   {         Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                   {         115-90

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

 
                     HSA TECHNICAL CORRECTIONS ACT

                                _______
                                

 April 12, 2017.--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. 1258]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1258) 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.............................     2
Statement of General Performance Goals and Objectives............     3
Duplicative Federal Programs.....................................     3
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     3
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............     5

                          Purpose and Summary

    The purpose of H.R. 1258 is to make technical corrections 
to the Homeland Security Act of 2002.

                  Background and Need for Legislation

    In the aftermath of September 11, 2001, Congress passed the 
Homeland Security Act of 2002 (HSA) (Pub. L. 107-296), 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 hearings were held on H.R. 1258 in the 115th Congress.

                        Committee Consideration

    The Committee met on March 8, 2017, to consider H.R. 1258, 
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. 1258.

                      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.

   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. 
1258, 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, March 15, 2017.
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. 1258, the 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, Director.
    Enclosure.

H.R. 1258--HSA Technical Corrections Act

    H.R. 1258 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. 1258 would 
have no significant cost to the federal government.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply. 
CBO estimates that enacting H.R. 1258 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 1258 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. 1258 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation updates the Homeland Security Act of 2002 
to ensure it more accurately reflects the current organization 
and mission of the Department of Homeland Security.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 1258 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 the 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. 1258 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 1258 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 states that, unless otherwise noted, the 
changes made in this measure shall apply only to the Homeland 
Security Act of 2002 (Pub. L. 107-296).

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

    This section makes technical corrections to Titles I, II, 
III, IV, V, VI, VII, VIII, IX, X, XI, XIV, XV, XVI, XVIII, XIX, 
XX, and the Table of Contents of the Homeland Security Act of 
2002. Including section redesignations, correcting drafting 
errors, eliminating expired reporting requirements, and 
updating certain office names and titles.

         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 italics, 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:

Sec. 1. Short title; table of contents.
     * * * * * * *

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

     * * * * * * *
[Sec. 317. Promoting antiterrorism through international cooperation 
          program.
[Sec. 319. EMP and GMD mitigation research and development.
[Sec. 318. Social media working group.
[Sec. 319. Transparency in research and development.]
Sec. 317. Promoting antiterrorism through international cooperation 
          program.
Sec. 318. Social media working group.
Sec. 319. Transparency in research and development.
Sec. 320. EMP and GMD mitigation and research and development.
     * * * * * * *

         TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

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

     * * * * * * *
[Sec. 402. Responsibilities.
[Sec. 403. Functions transferred.]
Sec. 401. Border, maritime, and transportation responsibilities.

             Subtitle B--U.S. Customs and Border Protection

     * * * * * * *
[Sec. 417. Allocation of resources by the Secretary.]
Sec. 416. Allocation of resources by the Secretary.
     * * * * * * *

                  Subtitle C--Miscellaneous Provisions

     * * * * * * *
[Sec. 427. Coordination of information and information technology.
[Sec. 428. Visa issuance.
[Sec. 429. Information on visa denials required to be entered into 
          electronic data system.
[Sec. 430. Office for Domestic Preparedness.
[Sec. 431. Office of Cargo Security Policy.
[Sec. 432. Border Enforcement Security Task Force.
[Sec. 433. Prevention of international child abduction.]
Sec. 425. Coordination of information and information technology.
Sec. 426. Visa issuance.
Sec. 427. Information on visa denials required to be entered into 
          electronic data system.
Sec. 428. Border Enforcement Security Task Force.
Sec. 429. Prevention of international child abduction.
     * * * * * * *

             [Subtitle D--Immigration Enforcement Functions

[Sec. 441. Transfer of functions.
[Sec. 442. U.S. Immigration and Customs Enforcement.
[Sec. 443. Professional responsibility and quality review.
[Sec. 444. Employee discipline.
[Sec. 445. Report on improving enforcement functions.
[Sec. 446. Sense of Congress regarding construction of fencing near San 
          Diego, California.]

          Subtitle D--U.S. Immigration and Customs Enforcement

Sec. 441. Establishment of U.S. Immigration and Customs Enforcement.
Sec. 442. Professional responsibility and quality review.
Sec. 443. Employee discipline.

            [Subtitle E--Citizenship and Immigration Services

[Sec. 451. Establishment of Bureau of Citizenship and Immigration 
          Services.]

     Subtitle E--United States Citizenship and Immigration Services

Sec. 451. Establishment of United States Citizenship and Immigration 
          Services.
     * * * * * * *
[Sec. 455. Effective date.
[Sec. 456. Transition.]
Sec. 455. Children's affairs.
     * * * * * * *
[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. 471. Abolishment of INS.
[Sec. 472. Voluntary separation incentive payments.
[Sec. 473. Authority to conduct a demonstration project relating to 
          disciplinary action.
[Sec. 474. Sense of Congress.
[Sec. 475. Director of Shared Services.
[Sec. 476. Separation of funding.
[Sec. 477. Reports and implementation plans.
[Sec. 478. Immigration functions.]
Sec. 471. Reorganization and prohibition.
Sec. 472. Separation of funding.
Sec. 473. Annual report on immigration functions.
     * * * * * * *

                 TITLE V--NATIONAL EMERGENCY MANAGEMENT

     * * * * * * *
[Sec. 502. Definition.]
     * * * * * * *

                          TITLE VII--MANAGEMENT

     * * * * * * *
[Sec. 706. Consolidation and co-location of offices.
[Sec. 707. Quadrennial Homeland Security Review.
[Sec. 708. Joint Task Forces.
[Sec. 709. Office of Strategy, Policy, and Plans.]
Sec. 706. Quadrennial Homeland Security Review.
Sec. 707. Joint Task Forces.
Sec. 708. Office of Strategy, Policy, and Plans.

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

     * * * * * * *

                      Subtitle B--Inspector General

[Sec. 811. Authority of the Secretary.
[Sec. 812. Law enforcement powers of Inspector General agents.]
Sec. 811. Law enforcement powers of Inspector General agents.
     * * * * * * *

          Subtitle F--Federal Emergency Procurement Flexibility

     * * * * * * *
[Sec. 857. Review and report by Comptroller General.
[Sec. 858. Identification of new entrants into the Federal marketplace.]
Sec. 857. Identification of new entrants into the Federal marketplace.
     * * * * * * *

                  Subtitle H--Miscellaneous Provisions

     * * * * * * *
[Sec. 878. Counternarcotics officer.
[Sec. 879. Office of International Affairs.]
     * * * * * * *
[Sec. 881. Review of pay and benefit plans.]
     * * * * * * *
[Sec. 889. Homeland security funding analysis in President's budget.]
Sec. 889. Cyber crimes center, child exploitation investigations unit, 
          computer forensics unit, and cyber crimes unit.
     * * * * * * *
[Sec. 890A. Cyber crimes center, child exploitation investigations unit, 
          computer forensics unit, and cyber crimes unit.]

                     Subtitle I--Information Sharing

     * * * * * * *
[Sec. 893. Report.
[Sec. 894. Authorization of appropriations.]
Sec. 893. Authorization of appropriations.
     * * * * * * *

           [TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION

[Sec. 1201. Air carrier liability for third party claims arising out of 
          acts of terrorism.
[Sec. 1202. Extension of insurance policies.
[Sec. 1203. Correction of reference.
[Sec. 1204. Report.]
     * * * * * * *

               [TITLE 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. 1502. Reorganization plan.
[Sec. 1503. Review of congressional committee structures.]
Sec. 1502. Review of congressional committee structures.

           *       *       *       *       *       *       *

TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *

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:
                  (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) A Commissioner of U.S. Customs and Border 
                Protection.
                  (D) An Administrator of the Federal Emergency 
                Management Agency.
                  (E) A Director of [the Bureau of] U.S. 
                Citizenship and Immigration Services.
                  (F) An Under Secretary for Management, who 
                shall be first assistant to the Deputy 
                Secretary of Homeland Security for purposes of 
                subchapter III of chapter 33 of title 5, United 
                States Code.
                  (G) A Director of U.S. Immigration and 
                Customs Enforcement.
                  (H) An Under Secretary responsible for 
                overseeing critical infrastructure protection, 
                cybersecurity, and other related programs of 
                the Department.
                  (I) Not more than 12 Assistant Secretaries.
                  (J) A General Counsel, who shall be the chief 
                legal officer of the Department.
                  (K) An Under Secretary for Strategy, Policy, 
                and Plans.
                  (L) An Administrator of the Transportation 
                Security Administration.
                  (M) A Commandant of the Coast Guard.
          (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.
          (5) Any Director of a Joint Task Force under [section 
        708] section 707.
  (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.
  (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.
  (g) Vacancies.--
          (1) Absence, disability, or vacancy of secretary or 
        deputy secretary.--Notwithstanding chapter 33 of title 
        5, United States Code, the Under Secretary for 
        Management shall serve as the Acting Secretary if by 
        reason of absence, disability, or vacancy in office, 
        neither the Secretary nor Deputy Secretary is available 
        to exercise the duties of the Office of the Secretary.
          (2) Further order of succession.--Notwithstanding 
        chapter 33 of title 5, United States Code, the 
        Secretary may designate such other officers of the 
        Department in further order of succession to serve as 
        Acting Secretary.
          (3) Notification of vacancies.--The Secretary shall 
        notify the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives of 
        any vacancies that require notification under sections 
        3345 through 3349d of title 5, United States Code 
        (commonly known as the ``Federal Vacancies Reform Act 
        of 1998'').

      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) Emergency Disclosure Exception.--
          [(1) In general. Section 2702(b) of title 18, United 
        States Code, is amended--
                  [(A) in paragraph (5), by striking ``or'' at 
                the end;
                  [(B) in paragraph (6)(A), by inserting ``or'' 
                at the end;
                  [(C) by striking paragraph (6)(C); and
                  [(D) by adding at the end the following:
          [``(7) to a Federal, State, or local governmental 
        entity, if the provider, in good faith, believes that 
        an emergency involving danger of death or serious 
        physical injury to any person requires disclosure 
        without delay of communications relating to the 
        emergency.''.
          [(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. 228A. CYBERSECURITY STRATEGY.

  (a) In General.--Not later than 90 days after the date of the 
enactment of this section, the Secretary shall develop a 
departmental strategy to carry out cybersecurity 
responsibilities as set forth in law.
  (b) Contents.--The strategy required under subsection (a) 
shall include the following:
          (1) Strategic and operational goals and priorities to 
        successfully execute the full range of the Secretary's 
        cybersecurity responsibilities.
          (2) Information on the programs, policies, and 
        activities that are required to successfully execute 
        the full range of the Secretary's cybersecurity 
        responsibilities, including programs, policies, and 
        activities in furtherance of the following:
                  (A) Cybersecurity functions set forth in the 
                section 227 (relating to the national 
                cybersecurity and communications integration 
                center).
                  (B) Cybersecurity investigations 
                capabilities.
                  (C) Cybersecurity research and development.
                  (D) Engagement with international 
                cybersecurity partners.
  (c) Considerations.--In developing the strategy required 
under subsection (a), the Secretary shall--
          (1) consider--
                  (A) the cybersecurity strategy for the 
                Homeland Security Enterprise published by the 
                Secretary in November 2011;
                  (B) the Department of Homeland Security 
                Fiscal Years 2014-2018 Strategic Plan; and
                  (C) the most recent Quadrennial Homeland 
                Security Review issued pursuant to [section 
                707] section 706; and
          (2) include information on the roles and 
        responsibilities of components and offices of the 
        Department, to the extent practicable, to carry out 
        such strategy.
  (d) Implementation Plan.--Not later than 90 days after the 
development of the strategy required under subsection (a), the 
Secretary shall issue an implementation plan for the strategy 
that includes the following:
          (1) Strategic objectives and corresponding tasks.
          (2) Projected timelines and costs for such tasks.
          (3) Metrics to evaluate performance of such tasks.
  (e) Congressional Oversight.--The Secretary shall submit to 
Congress for assessment the following:
          (1) A copy of the strategy required under subsection 
        (a) upon issuance.
          (2) A copy of the implementation plan required under 
        subsection (d) upon issuance, together with detailed 
        information on any associated legislative or budgetary 
        proposals.
  (f) Classified Information.--The strategy required under 
subsection (a) shall be in an unclassified form but may contain 
a classified annex.
  (g) Rule of Construction.--Nothing in this section may be 
construed as permitting the Department to engage in monitoring, 
surveillance, exfiltration, or other collection activities for 
the purpose of tracking an individual's personally identifiable 
information.
  (h) Definition.--In this section, the term ``Homeland 
Security Enterprise'' means relevant governmental and 
nongovernmental entities involved in homeland security, 
including Federal, State, local, and tribal government 
officials, private sector representatives, academics, and other 
policy experts.

           *       *       *       *       *       *       *

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.

           *       *       *       *       *       *       *

SEC. [319.]  320. EMP AND GMD MITIGATION RESEARCH AND DEVELOPMENT.

  (a) In general.--In furtherance of domestic preparedness and 
response, the Secretary, acting through the Under Secretary for 
Science and Technology, and in consultation with other relevant 
executive agencies, relevant State, local, and tribal 
governments, and relevant owners and operators of critical 
infrastructure, shall, to the extent practicable, conduct 
research and development to mitigate the consequences of 
threats of EMP and GMD.
  (b) Scope.--The scope of the research and development under 
subsection (a) shall include the following:
          (1) An objective scientific analysis--
                  (A) evaluating the risks to critical 
                infrastructure from a range of threats of EMP 
                and GMD; and
                  (B) which shall--
                          (i) be conducted in conjunction with 
                        the Office of Intelligence and 
                        Analysis; and
                          (ii) include a review and comparison 
                        of the range of threats and hazards 
                        facing critical infrastructure of the 
                        electrical grid.
          (2) Determination of the critical utilities and 
        national security assets and infrastructure that are at 
        risk from threats of EMP and GMD.
          (3) An evaluation of emergency planning and response 
        technologies that would address the findings and 
        recommendations of experts, including those of the 
        Commission to Assess the Threat to the United States 
        from Electromagnetic Pulse Attack, which shall include 
        a review of the feasibility of rapidly isolating one or 
        more portions of the electrical grid from the main 
        electrical grid.
          (4) An analysis of technology options that are 
        available to improve the resiliency of critical 
        infrastructure to threats of EMP and GMD, including an 
        analysis of neutral current blocking devices that may 
        protect high-voltage transmission lines.
          (5) The restoration and recovery capabilities of 
        critical infrastructure under differing levels of 
        damage and disruption from various threats of EMP and 
        GMD, as informed by the objective scientific analysis 
        conducted under paragraph (1).
          (6) An analysis of the feasibility of a real-time 
        alert system to inform electrical grid operators and 
        other stakeholders within milliseconds of a high-
        altitude nuclear explosion.
  (c) Exemption from disclosure.--
          (1) Information shared with the Federal Government.--
        Section 214, and any regulations issued pursuant to 
        such section, shall apply to any information shared 
        with the Federal Government under this section.
          (2) Information shared by the Federal Government.--
        Information shared by the Federal Government with a 
        State, local, or tribal government under this section 
        shall be exempt from disclosure under any provision of 
        State, local, or tribal freedom of information law, 
        open government law, open meetings law, open records 
        law, sunshine law, or similar law requiring the 
        disclosure of information or records.

        TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

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

SEC. [402.]  401. BORDER, MARITIME, AND TRANSPORTATION 
                    RESPONSIBILITIES.

   The Secretary 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] section 426, governing 
        the granting of visas or other forms of permission, 
        including parole, to enter the United States to 
        individuals who are not a citizen or an alien lawfully 
        admitted for permanent residence in the United States.
          (5) Establishing national immigration enforcement 
        policies and priorities.
          (6) Except as provided in subtitle C, administering 
        the customs laws of the United States.
          (7) Conducting the inspection and related 
        administrative functions of the Department of 
        Agriculture transferred to the Secretary of Homeland 
        Security under section 421.
          (8) In carrying out the foregoing responsibilities, 
        ensuring the speedy, orderly, and efficient flow of 
        lawful traffic and commerce.

[SEC. 403. FUNCTIONS TRANSFERRED.

   [In accordance with title XV (relating to transition 
provisions), there shall be transferred to the Secretary the 
functions, personnel, assets, and liabilities of--
          [(1) the United States Customs Service of the 
        Department of the Treasury, including the functions of 
        the Secretary of the Treasury relating thereto;
          [(2) the Transportation Security Administration of 
        the Department of Transportation, including the 
        functions of the Secretary of Transportation, and of 
        the Under Secretary of Transportation for Security, 
        relating thereto;
          [(3) the Federal Protective Service of the General 
        Services Administration, including the functions of the 
        Administrator of General Services relating thereto;
          [(4) the Federal Law Enforcement Training Center of 
        the Department of the Treasury; and
          [(5) the Office for Domestic Preparedness of the 
        Office of Justice Programs, including the functions of 
        the Attorney General relating thereto.]

Subtitle B--U.S. Customs and Border Protection

           *       *       *       *       *       *       *

SEC. [417.]  416. ALLOCATION OF RESOURCES BY THE SECRETARY.

  (a) In General.--The Secretary shall ensure that adequate 
staffing is provided to assure that levels of customs revenue 
services provided on the day before the effective date of this 
Act shall continue to be provided.
  (b) Notification of Congress.--The Secretary shall notify the 
Committee on Ways and Means of the House of Representatives and 
the Committee on Finance of the Senate at least 90 days prior 
to taking any action which would--
          (1) result in any significant reduction in customs 
        revenue services, including hours of operation, 
        provided at any office within the Department or any 
        port of entry;
          (2) eliminate or relocate any office of the 
        Department which provides customs revenue services; or
          (3) eliminate any port of entry.
  (c) Definition.--In this section, the term ``customs revenue 
services'' means those customs revenue functions described in 
paragraphs (1) through (6) and paragraph (8) of section 415.

           *       *       *       *       *       *       *

Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *

SEC. 422. FUNCTIONS OF ADMINISTRATOR OF GENERAL SERVICES.

  (a) Operation, Maintenance, and Protection of Federal 
Buildings and Grounds.--Nothing in this Act may be construed to 
affect the functions or authorities of the Administrator of 
General Services with respect to the operation, maintenance, 
and protection of buildings and grounds owned or occupied by 
the Federal Government and under the jurisdiction, custody, or 
control of the Administrator[. Except for the law enforcement 
and related security functions transferred under section 
403(3)] and, the Administrator shall retain all powers, 
functions, and authorities vested in the Administrator under 
chapter 10 of title 40, United States Code, and other 
provisions of law that are necessary for the operation, 
maintenance, and protection of such buildings and grounds.
  (b) Collection of Rents and Fees; Federal Buildings Fund.--
          (1) Statutory construction.--Nothing in this Act may 
        be construed--
                  (A) to direct the transfer of, or affect, the 
                authority of the Administrator of General 
                Services to collect rents and fees, including 
                fees collected for protective services; or
                  (B) to authorize the Secretary or any other 
                official in the Department to obligate amounts 
                in the Federal Buildings Fund established by 
                section 490(f) of title 40, United States Code.
          (2) Use of transferred amounts.--Any amounts 
        transferred by the Administrator of General Services to 
        the Secretary out of rents and fees collected by the 
        Administrator shall be used by the Secretary solely for 
        the protection of buildings or grounds owned or 
        occupied by the Federal Government.

SEC. 423. 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. [427.]  425. 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.]  426. 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. [429.]  427. INFORMATION ON VISA DENIALS REQUIRED TO BE ENTERED 
                    INTO ELECTRONIC DATA SYSTEM.

  (a) In General.--Whenever a consular officer of the United 
States denies a visa to an applicant, the consular officer 
shall enter the fact and the basis of the denial and the name 
of the applicant into the interoperable electronic data system 
implemented under section 202(a) of the Enhanced Border 
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722(a)).
  (b) Prohibition.--In the case of any alien with respect to 
whom a visa has been denied under subsection (a)--
          (1) no subsequent visa may be issued to the alien 
        unless the consular officer considering the alien's 
        visa application has reviewed the information 
        concerning the alien placed in the interoperable 
        electronic data system, has indicated on the alien's 
        application that the information has been reviewed, and 
        has stated for the record why the visa is being issued 
        or a waiver of visa ineligibility recommended in spite 
        of that information; and
          (2) the alien may not be admitted to the United 
        States without a visa issued in accordance with the 
        procedures described in paragraph (1).

[SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.

  [(a) Establishment.--There is established in the Department 
an Office for Domestic Preparedness.
  [(b) Director.--There shall be a Director of the Office for 
Domestic Preparedness, who shall be appointed by the President.
  [(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 Department;
          [(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.]

SEC. [432.]  428. BORDER ENFORCEMENT SECURITY TASK FORCE.

  (a) Establishment.--There is established within the 
Department a program to be known as the Border Enforcement 
Security Task Force (referred to in this section as ``BEST'').
  (b) Purpose.--The purpose of BEST is to establish units to 
enhance border security by addressing and reducing border 
security threats and violence by--
          (1) facilitating collaboration among Federal, State, 
        local, tribal, and foreign law enforcement agencies to 
        execute coordinated activities in furtherance of border 
        security, and homeland security; and
          (2) enhancing information-sharing, including the 
        dissemination of homeland security information among 
        such agencies.
  (c) Composition and Establishment of Units.--
          (1) Composition.--BEST units may be comprised of 
        personnel from--
                  (A) U.S. Immigration and Customs Enforcement;
                  (B) U.S. Customs and Border Protection;
                  (C) the United States Coast Guard;
                  (D) other Department personnel, as 
                appropriate
                  (E) other Federal agencies, as appropriate;
                  (F) appropriate State law enforcement 
                agencies;
                  (G) foreign law enforcement agencies, as 
                appropriate;
                  (H) local law enforcement agencies from 
                affected border cities and communities; and
                  (I) appropriate tribal law enforcement 
                agencies.
          (2) Establishment of units.--The Secretary is 
        authorized to establish BEST units in jurisdictions in 
        which such units can contribute to BEST missions, as 
        appropriate. Before establishing a BEST unit, the 
        Secretary shall consider--
                  (A) whether the area in which the BEST unit 
                would be established is significantly impacted 
                by cross-border threats;
                  (B) the availability of Federal, State, 
                local, tribal, and foreign law enforcement 
                resources to participate in the BEST unit;
                  (C) the extent to which border security 
                threats are having a significant harmful impact 
                in the jurisdiction in which the BEST unit is 
                to be established, and other jurisdictions in 
                the country; and
                  (D) whether or not an Integrated Border 
                Enforcement Team already exists in the area in 
                which the BEST unit would be established.
          (3) Duplication of efforts.--In determining whether 
        to establish a new BEST unit or to expand an existing 
        BEST unit in a given jurisdiction, the Secretary shall 
        ensure that the BEST unit under consideration does not 
        duplicate the efforts of other existing interagency 
        task forces or centers within that jurisdiction.
  (d) Operation.--After determining the jurisdictions in which 
to establish BEST units under subsection (c)(2), and in order 
to provide Federal assistance to such jurisdictions, the 
Secretary may--
          (1) direct the assignment of Federal personnel to 
        BEST, subject to the approval of the head of the 
        department or agency that employs such personnel; and
          (2) take other actions to assist Federal, State, 
        local, and tribal entities to participate in BEST, 
        including providing financial assistance, as 
        appropriate, for operational, administrative, and 
        technological costs associated with the participation 
        of Federal, State, local, and tribal law enforcement 
        agencies in BEST.
  (e) Report.--Not later than 180 days after the date on which 
BEST is established under this section, and annually thereafter 
for the following 5 years, the Secretary shall submit a report 
to Congress that describes the effectiveness of BEST in 
enhancing border security and reducing the drug trafficking, 
arms smuggling, illegal alien trafficking and smuggling, 
violence, and kidnapping along and across the international 
borders of the United States, as measured by crime statistics, 
including violent deaths, incidents of violence, and drug-
related arrests.

SEC. [433.]  429. PREVENTION OF INTERNATIONAL CHILD ABDUCTION.

  (a) Program Established.--The Secretary, through the 
Commissioner of U.S. Customs and Border Protection (referred to 
in this section as ``CBP''), in coordination with the Secretary 
of State, the Attorney General, and the Director of the Federal 
Bureau of Investigation, shall establish a program that--
          (1) seeks to prevent a child (as defined in section 
        1204(b)(1) of title 18, United States Code) from 
        departing from the territory of the United States if a 
        parent or legal guardian of such child presents a court 
        order from a court of competent jurisdiction 
        prohibiting the removal of such child from the United 
        States to a CBP Officer in sufficient time to prevent 
        such departure for the duration of such court order; 
        and
          (2) leverages other existing authorities and 
        processes to address the wrongful removal and return of 
        a child.
  (b) Interagency Coordination.--
          (1) In general.--The Secretary of State shall convene 
        and chair an interagency working group to prevent 
        international parental child abduction. The group shall 
        be composed of presidentially appointed, Senate 
        confirmed officials from--
                  (A) the Department of State;
                  (B) the Department of Homeland Security, 
                including U.S. Customs and Border Protection 
                and U.S. Immigration and Customs Enforcement; 
                and
                  (C) the Department of Justice, including the 
                Federal Bureau of Investigation.
          (2) Department of defense.--The Secretary of Defense 
        shall designate an official within the Department of 
        Defense--
                  (A) to coordinate with the Department of 
                State on international child abduction issues; 
                and
                  (B) to oversee activities designed to prevent 
                or resolve international child abduction cases 
                relating to active duty military service 
                members.

           *       *       *       *       *       *       *

 Subtitle D--[Immigration Enforcement Functions] U.S. Immigration and 
                          Customs Enforcement

[SEC. 441. TRANSFER OF FUNCTIONS.

   [In accordance with title XV (relating to transition 
provisions), there shall be transferred from the Commissioner 
of Immigration and Naturalization to 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.]  441. ESTABLISHMENT OF [BUREAU OF BORDER SECURITY]  U.S. 
                    IMMIGRATION AND CUSTOMS ENFORCEMENT.

  (a) Establishment [of Bureau].--
          (1) In general.--There shall be in the Department of 
        Homeland Security [a bureau to be known as the ``Bureau 
        of Border Security''] U.S. Immigration and Customs 
        Enforcement.
          (2) Assistant secretary.--The head of [the Bureau of 
        Border Security] U.S. Immigration and Customs 
        Enforcement shall be the [Assistant Secretary] Director 
        of [the Bureau of Border Security] U.S. 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] U.S. 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] U.S. 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] U.S. 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.
          [(5) Managerial rotation program.--
                  [(A) In general.--Not later than 1 year after 
                the date on which the transfer of functions 
                specified under section 441 takes effect, the 
                Assistant Secretary of the Bureau of Border 
                Security shall design and implement a 
                managerial rotation program under which 
                employees of such bureau holding positions 
                involving supervisory or managerial 
                responsibility and classified, in accordance 
                with chapter 51 of title 5, United States Code, 
                as a GS-14 or above, shall--
                          [(i) gain some experience in all the 
                        major functions performed by such 
                        bureau; and
                          [(ii) work in at least one local 
                        office of such bureau.
                  [(B) Report.--Not later than 2 years after 
                the date on which the transfer of functions 
                specified under section 441 takes effect, the 
                Secretary shall submit a report to the Congress 
                on the implementation of such program.]
          (5) Managerial rotation program.--The Director of 
        U.S. Immigration and Customs Enforcement shall 
        implement a managerial rotation program under which 
        employees of U.S. 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 experience in all the major 
                functions performed by U.S. Immigration and 
                Customs Enforcement; and
                  (B) work in at least one local office of U.S. 
                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] U.S. Immigration and Customs Enforcement.
          (2) Functions.--In consultation with Bureau of Border 
        Security personnel in local offices, the Chief of 
        Policy and Strategy shall be responsible for--
                  (A) making policy recommendations and 
                performing policy research and analysis on 
                immigration enforcement issues; and
                  (B) coordinating immigration policy issues 
                with the Chief of Policy and Strategy for [the 
                Bureau of Citizenship and Immigration Services] 
                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] U.S. Immigration and Customs Enforcement. The legal 
advisor shall provide specialized legal advice to the 
[Assistant Secretary] Director of [the Bureau of Border 
Security] U.S. 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.]  442. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.

  The Secretary shall be responsible for--
          (1) conducting investigations of noncriminal 
        allegations of misconduct, corruption, and fraud 
        involving any employee of U.S. Immigration and Customs 
        Enforcement that are not subject to investigation by 
        the Inspector General for the Department;
          (2) inspecting the operations of U.S. 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 U.S. 
        Immigration and Customs Enforcement.

SEC. [444.]  443. EMPLOYEE DISCIPLINE.

  Notwithstanding any other provision of law, the Secretary may 
impose disciplinary action on any employee of U.S. Immigration 
and Customs Enforcement and U.S. Customs and Border Protection 
who willfully deceives 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--United States 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 to be known as the ``Bureau of Citizenship and 
        Immigration Services''] the 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] U.S. Immigration and 
                Customs Enforcement.
          (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] U.S. Immigration and Customs 
                Enforcement 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.--The Director of 
        United States Citizenship and Immigration Services 
        shall 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 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] U.S. Immigration and 
                Customs Enforcement 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.

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.]  455. 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 of the 
                Bureau of Border Security] Director of U.S. 
                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. 471. [ABOLISHMENT OF INS.]  REORGANIZATION AND PROHIBITION.

  [(a) In General.--Upon completion of all transfers from the 
Immigration and Naturalization Service as provided for by this 
Act, the Immigration and Naturalization Service of the 
Department of Justice is abolished.
  [(b) Prohibition.--]The authority provided by section 1502 
may be used to reorganize functions or organizational units 
within the [Bureau of Border Security or the Bureau of] U.S. 
Immigration and Customs Enforcement and United States 
Citizenship and Immigration Services, but may not be used to 
recombine the [two bureaus] two components into a single agency 
or otherwise to combine, join, or consolidate functions or 
organizational units of the [two bureaus] two components with 
each other.

[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.]  472. 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] U.S. 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] 
U.S. 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] U.S. 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.] 473. ANNUAL REPORT ON IMMIGRATION FUNCTIONS.

  (a) Annual [Report.--]
          [(1) In general.--One year] Report._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)] (b) Matter included.--The report shall address the 
following with respect to the period covered by the report:
          [(A)] (1) The aggregate number of all immigration 
        applications and petitions received, and processed, by 
        the Department.
          [(B)] (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.
          [(C)] (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.
          [(D)] (4) The average processing period for 
        immigration applications and petitions, disaggregated 
        by application or petition type.
          [(E)] (5) The number and types of immigration-related 
        grievances filed with any official of the Department of 
        Justice, and if those grievances were resolved.
          [(F)] (6) Plans to address grievances and improve 
        immigration services.
          [(G)] (7) Whether immigration-related fees were used 
        consistent with legal requirements regarding such use.
          [(H)] (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.
  [(b) Sense of Congress Regarding Immigration Services.--It is 
the sense of Congress that--
          [(1) the quality and efficiency of immigration 
        services rendered by the Federal Government should be 
        improved after the transfers made by this subtitle take 
        effect; and
          [(2) the Secretary should undertake efforts to 
        guarantee that concerns regarding the quality and 
        efficiency of immigration services are addressed after 
        such effective date.]

           *       *       *       *       *       *       *

                 TITLE V--NATIONAL EMERGENCY MANAGEMENT

SEC. 501. 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 ``Nuclear Incident Response Team'' means 
        a resource that includes--
                  (A) those entities of the Department of 
                Energy that perform nuclear or radiological 
                emergency support functions (including accident 
                response, search response, advisory, and 
                technical operations functions), radiation 
                exposure functions at the medical assistance 
                facility known as the Radiation Emergency 
                Assistance Center/Training Site (REAC/TS), 
                radiological assistance functions, and related 
                functions; and
                  (B) those entities of the Environmental 
                Protection Agency that perform such support 
                functions (including radiological emergency 
                response functions) and related functions.
          [(9)] (10) the term ``Regional Administrator'' means 
        a Regional Administrator appointed under section 507;
          [(10)] (11) the term ``Regional Office'' means a 
        Regional Office established under section 507;
          [(11)] (12) 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)] (13) 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)] (14) the term ``tribal government'' means the 
        government of any entity described in section 2(13)(B); 
        and
          [(14)] (15) the terms ``typed'' and ``typing'' mean 
        having evaluated, or evaluating, respectively, a 
        resource in accordance with standards created under 
        section 510.

[SEC. 502. DEFINITION.

   [In this title, the term ``Nuclear Incident Response Team'' 
means a resource that includes--
          [(1) those entities of the Department of Energy that 
        perform nuclear or radiological emergency support 
        functions (including accident response, search 
        response, advisory, and technical operations 
        functions), radiation exposure functions at the medical 
        assistance facility known as the Radiation Emergency 
        Assistance Center/Training Site (REAC/TS), radiological 
        assistance functions, and related functions; and
          [(2) those entities of the Environmental Protection 
        Agency that perform such support functions (including 
        radiological emergency response functions) and related 
        functions.]

           *       *       *       *       *       *       *

SEC. 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.

           *       *       *       *       *       *       *

SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

  (a) Distinct Entity.--The Agency shall be maintained as a 
distinct entity within the Department.
  (b) Reorganization.--Section 872 shall not apply to the 
Agency, including any function or organizational unit of the 
Agency.
  (c) Prohibition on Changes to Missions.--
          (1) In general.--The Secretary may not substantially 
        or significantly reduce, including through a Joint Task 
        Force established under [section 708] section 707, the 
        authorities, responsibilities, or functions of the 
        Agency or the capability of the Agency to perform those 
        missions, authorities, responsibilities, except as 
        otherwise specifically provided in an Act enacted after 
        the date of enactment of the Post-Katrina Emergency 
        Management Reform Act of 2006.
          (2) Certain transfers prohibited.--No asset, 
        function, or mission of the Agency may be diverted to 
        the principal and continuing use of any other 
        organization, unit, or entity of the Department, 
        including a Joint Task Force established under [section 
        708] section 707, except for details or assignments 
        that do not reduce the capability of the Agency to 
        perform its missions.
  (d) Reprogramming and Transfer of Funds.--In reprogramming or 
transferring funds, the Secretary shall comply with any 
applicable provisions of any Act making appropriations for the 
Department for fiscal year 2007, or any succeeding fiscal year, 
relating to the reprogramming or transfer of funds.

           *       *       *       *       *       *       *

   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. 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.]

SEC. [707.]  706. QUADRENNIAL HOMELAND SECURITY REVIEW.

  (a) Requirement.--
          (1) Quadrennial reviews required.--In fiscal year 
        2009, and every 4 years thereafter, the Secretary shall 
        conduct a review of the homeland security of the Nation 
        (in this section referred to as a ``quadrennial 
        homeland security review'').
          (2) Scope of reviews.--Each quadrennial homeland 
        security review shall be a comprehensive examination of 
        the homeland security strategy of the Nation, including 
        recommendations regarding the long-term strategy and 
        priorities of the Nation for homeland security and 
        guidance on the programs, assets, capabilities, budget, 
        policies, and authorities of the Department.
          (3) Consultation.--The Secretary shall conduct each 
        quadrennial homeland security review under this 
        subsection in consultation with--
                  (A) the heads of other Federal agencies, 
                including the Attorney General, the Secretary 
                of State, the Secretary of Defense, the 
                Secretary of Health and Human Services, the 
                Secretary of the Treasury, the Secretary of 
                Agriculture, and the Director of National 
                Intelligence;
                  (B) key officials of the Department, 
                including the Under Secretary for Strategy, 
                Policy, and Plans; and
                  (C) other relevant governmental and 
                nongovernmental entities, including State, 
                local, and tribal government officials, members 
                of Congress, private sector representatives, 
                academics, and other policy experts.
          (4) Relationship with future years homeland security 
        program.--The Secretary shall ensure that each review 
        conducted under this section is coordinated with the 
        Future Years Homeland Security Program required under 
        section 874.
  (b) Contents of Review.--In each quadrennial homeland 
security review, the Secretary shall--
          (1) delineate and update, as appropriate, the 
        national homeland security strategy, consistent with 
        appropriate national and Department strategies, 
        strategic plans, and Homeland Security Presidential 
        Directives, including the National Strategy for 
        Homeland Security, the National Response Plan, and the 
        Department Security Strategic Plan;
          (2) outline and prioritize the full range of the 
        critical homeland security mission areas of the Nation;
          (3) describe the interagency cooperation, 
        preparedness of Federal response assets, 
        infrastructure, budget plan, and other elements of the 
        homeland security program and policies of the Nation 
        associated with the national homeland security 
        strategy, required to execute successfully the full 
        range of missions called for in the national homeland 
        security strategy described in paragraph (1) and the 
        homeland security mission areas outlined under 
        paragraph (2);
          (4) identify the budget plan required to provide 
        sufficient resources to successfully execute the full 
        range of missions called for in the national homeland 
        security strategy described in paragraph (1) and the 
        homeland security mission areas outlined under 
        paragraph (2);
          (5) include an assessment of the organizational 
        alignment of the Department with the national homeland 
        security strategy referred to in paragraph (1) and the 
        homeland security mission areas outlined under 
        paragraph (2); and
          (6) review and assess the effectiveness of the 
        mechanisms of the Department for executing the process 
        of turning the requirements developed in the 
        quadrennial homeland security review into an 
        acquisition strategy and expenditure plan within the 
        Department.
  (c) Reporting.--
          (1) In general.--Not later than December 31 of the 
        year in which a quadrennial homeland security review is 
        conducted, the Secretary shall submit to Congress a 
        report regarding that quadrennial homeland security 
        review.
          (2) Contents of report.--Each report submitted under 
        paragraph (1) shall include--
                  (A) the results of the quadrennial homeland 
                security review;
                  (B) a description of the threats to the 
                assumed or defined national homeland security 
                interests of the Nation that were examined for 
                the purposes of that review;
                  (C) the national homeland security strategy, 
                including a prioritized list of the critical 
                homeland security missions of the Nation;
                  (D) a description of the interagency 
                cooperation, preparedness of Federal response 
                assets, infrastructure, budget plan, and other 
                elements of the homeland security program and 
                policies of the Nation associated with the 
                national homeland security strategy, required 
                to execute successfully the full range of 
                missions called for in the applicable national 
                homeland security strategy referred to in 
                subsection (b)(1) and the homeland security 
                mission areas outlined under subsection (b)(2);
                  (E) an assessment of the organizational 
                alignment of the Department with the applicable 
                national homeland security strategy referred to 
                in subsection (b)(1) and the homeland security 
                mission areas outlined under subsection (b)(2), 
                including the Department's organizational 
                structure, management systems, budget and 
                accounting systems, human resources systems, 
                procurement systems, and physical and technical 
                infrastructure;
                  (F) a discussion of the status of cooperation 
                among Federal agencies in the effort to promote 
                national homeland security;
                  (G) a discussion of the status of cooperation 
                between the Federal Government and State, 
                local, and tribal governments in preventing 
                terrorist attacks and preparing for emergency 
                response to threats to national homeland 
                security;
                  (H) an explanation of any underlying 
                assumptions used in conducting the review; and
                  (I) any other matter the Secretary considers 
                appropriate.
          (3) Public availability.--The Secretary shall, 
        consistent with the protection of national security and 
        other sensitive matters, make each report submitted 
        under paragraph (1) publicly available on the Internet 
        website of the Department.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated such sums as may be necessary to carry out this 
section.

SEC. [708.]  707. JOINT TASK FORCES.

  (a) Definition.--In this section, the term ``situational 
awareness'' means knowledge and unified understanding of 
unlawful cross-border activity, including--
          (1) threats and trends concerning illicit trafficking 
        and unlawful crossings;
          (2) the ability to forecast future shifts in such 
        threats and trends;
          (3) the ability to evaluate such threats and trends 
        at a level sufficient to create actionable plans; and
          (4) the operational capability to conduct continuous 
        and integrated surveillance of the air, land, and 
        maritime borders of the United States.
  (b) Joint Task Forces.--
          (1) Establishment.--The Secretary may establish and 
        operate departmental Joint Task Forces to conduct joint 
        operations using personnel and capabilities of the 
        Department for the purposes specified in paragraph (2).
          (2) Purposes.--
                  (A) In general.--Subject to subparagraph (B), 
                the purposes referred to in paragraph (1) are 
                or relate to the following:
                          (i) Securing the land and maritime 
                        borders of the United States.
                          (ii) Homeland security crises.
                          (iii) Establishing regionally-based 
                        operations.
                  (B) Limitation.--
                          (i) In general.--The Secretary may 
                        not establish a Joint Task Force for 
                        any major disaster or emergency 
                        declared under the Robert T. Stafford 
                        Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.) 
                        or an incident for which the Federal 
                        Emergency Management Agency has primary 
                        responsibility for management of the 
                        response under title V of this Act, 
                        including section 504(a)(3)(A), unless 
                        the responsibilities of such a Joint 
                        Task Force--
                                  (I) do not include 
                                operational functions related 
                                to incident management, 
                                including coordination of 
                                operations; and
                                  (II) are consistent with the 
                                requirements of paragraphs (3) 
                                and (4)(A) of section 503(c) 
                                and section 509(c) of this Act, 
                                and section 302 of the Robert 
                                T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 
                                U.S.C. 5143).
                          (ii) Responsibilities and functions 
                        not reduced.--Nothing in this section 
                        may be construed to reduce the 
                        responsibilities or functions of the 
                        Federal Emergency Management Agency or 
                        the Administrator of the Agency under 
                        title V of this Act or any other 
                        provision of law, including the 
                        diversion of any asset, function, or 
                        mission from the Agency or the 
                        Administrator of the Agency pursuant to 
                        section 506.
          (3) Joint task force directors.--
                  (A) Director.--Each Joint Task Force 
                established and operated pursuant to paragraph 
                (1) shall be headed by a Director, appointed by 
                the President, for a term of not more than two 
                years. The Secretary shall submit to the 
                President recommendations for such appointments 
                after consulting with the heads of the 
                components of the Department with membership on 
                any such Joint Task Force. Any Director 
                appointed by the President shall be--
                          (i) a current senior official of the 
                        Department with not less than one year 
                        of significant leadership experience at 
                        the Department; or
                          (ii) if no suitable candidate is 
                        available at the Department, an 
                        individual with--
                                  (I) not less than one year of 
                                significant leadership 
                                experience in a Federal agency 
                                since the establishment of the 
                                Department; and
                                  (II) a demonstrated ability 
                                in, knowledge of, and 
                                significant experience working 
                                on the issues to be addressed 
                                by any such Joint Task Force.
                  (B) Extension.--The Secretary may extend the 
                appointment of a Director of a Joint Task Force 
                under subparagraph (A) for not more than two 
                years if the Secretary determines that such an 
                extension is in the best interest of the 
                Department.
          (4) Joint task force deputy directors.--For each 
        Joint Task Force, the Secretary shall appoint a Deputy 
        Director who shall be an official of a different 
        component or office of the Department than the Director 
        of such Joint Task Force.
          (5) Responsibilities.--The Director of a Joint Task 
        Force, subject to the oversight, direction, and 
        guidance of the Secretary, shall--
                  (A) when established for the purpose referred 
                to in paragraph (2)(A)(i), maintain situational 
                awareness within the areas of responsibility of 
                the Joint Task Force, as determined by the 
                Secretary;
                  (B) provide operational plans and 
                requirements for standard operating procedures 
                and contingency operations within the areas of 
                responsibility of the Joint Task Force, as 
                determined by the Secretary;
                  (C) plan and execute joint task force 
                activities within the areas of responsibility 
                of the Joint Task Force, as determined by the 
                Secretary;
                  (D) set and accomplish strategic objectives 
                through integrated operational planning and 
                execution;
                  (E) exercise operational direction over 
                personnel and equipment from components and 
                offices of the Department allocated to the 
                Joint Task Force to accomplish the objectives 
                of the Joint Task Force;
                  (F) when established for the purpose referred 
                to in paragraph (2)(A)(i), establish 
                operational and investigative priorities within 
                the areas of responsibility of the Joint Task 
                Force, as determined by the Secretary;
                  (G) coordinate with foreign governments and 
                other Federal, State, and local agencies, as 
                appropriate, to carry out the mission of the 
                Joint Task Force; and
                  (H) carry out other duties and powers the 
                Secretary determines appropriate.
          (6) Personnel and resources.--
                  (A) In general.--The Secretary may, upon 
                request of the Director of a Joint Task Force, 
                and giving appropriate consideration of risk to 
                the other primary missions of the Department, 
                allocate to such Joint Task Force on a 
                temporary basis personnel and equipment of 
                components and offices of the Department.
                  (B) Cost neutrality.--A Joint Task Force may 
                not require more resources than would have 
                otherwise been required by the Department to 
                carry out the duties assigned to such Joint 
                Task Force if such Joint Task Force had not 
                been established.
                  (C) Location of operations.--In establishing 
                a location of operations for a Joint Task 
                Force, the Secretary shall, to the extent 
                practicable, use existing facilities that 
                integrate efforts of components of the 
                Department and State, local, tribal, or 
                territorial law enforcement or military 
                entities.
                  (D) Consideration of impact.--When reviewing 
                requests for allocation of component personnel 
                and equipment under subparagraph (A), the 
                Secretary shall consider the impact of such 
                allocation on the ability of the donating 
                component or office to carry out the primary 
                missions of the Department, and in the case of 
                the Coast Guard, the missions specified in 
                section 888.
                  (E) Limitation.--Personnel and equipment of 
                the Coast Guard allocated under this paragraph 
                may be used only to carry out operations and 
                investigations related to the missions 
                specified in section 888.
                  (F) Report.--The Secretary shall, at the time 
                the budget of the President is submitted to 
                Congress for a fiscal year under section 
                1105(a) of title 31, United States Code, submit 
                to the Committee on Homeland Security and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives and the 
                Committee on Homeland Security and Governmental 
                Affairs and the Committee on Commerce, Science, 
                and Transportation of the Senate a report on 
                the total funding, personnel, and other 
                resources that each component or office of the 
                Department allocated under this paragraph to 
                each Joint Task Force to carry out the mission 
                of such Joint Task Force during the fiscal year 
                immediately preceding each such report, and a 
                description of the degree to which the 
                resources drawn from each component or office 
                impact the primary mission of such component or 
                office.
          (7) Component resource authority.--As directed by the 
        Secretary--
                  (A) each Director of a Joint Task Force shall 
                be provided sufficient resources from relevant 
                components and offices of the Department and 
                the authority necessary to carry out the 
                missions and responsibilities of such Joint 
                Task Force required under this section;
                  (B) the resources referred to in subparagraph 
                (A) shall be under the operational authority, 
                direction, and control of the Director of the 
                Joint Task Force to which such resources are 
                assigned; and
                  (C) the personnel and equipment of each Joint 
                Task Force shall remain under the 
                administrative direction of the head of the 
                component or office of the Department that 
                provided such personnel or equipment.
          (8) Joint task force staff.--Each Joint Task Force 
        shall have a staff, composed of officials from relevant 
        components and offices of the Department, to assist the 
        Director of such Joint Task Force in carrying out the 
        mission and responsibilities of such Joint Task Force.
          (9) Establishment of performance metrics.--The 
        Secretary shall--
                  (A) establish outcome-based and other 
                appropriate performance metrics to evaluate the 
                effectiveness of each Joint Task Force;
                  (B) not later than 120 days after the date of 
                the enactment of this section and 120 days 
                after the establishment of a new Joint Task 
                Force, as appropriate, submit to the Committee 
                on Homeland Security and the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Homeland Security and Governmental Affairs and 
                the Committee on Commerce, Science, and 
                Transportation of the Senate the metrics 
                established under subparagraph (A).
                  (C) not later than January 31 of each year 
                beginning in 2017, submit to each committee 
                specified in subparagraph (B) a report that 
                contains the evaluation described in 
                subparagraph (A).
          (10) Joint duty training program.--
                  (A) In general.--The Secretary shall--
                          (i) establish a joint duty training 
                        program in the Department for the 
                        purposes of--
                                  (I) enhancing coordination 
                                within the Department; and
                                  (II) promoting workforce 
                                professional development; and
                          (ii) tailor such joint duty training 
                        program to improve joint operations as 
                        part of the Joint Task Forces.
                  (B) Elements.--The joint duty training 
                program established under subparagraph (A) 
                shall address, at a minimum, the following 
                topics:
                          (i) National security strategy.
                          (ii) Strategic and contingency 
                        planning.
                          (iii) Command and control of 
                        operations under joint command.
                          (iv) International engagement.
                          (v) The homeland security enterprise.
                          (vi) Interagency collaboration.
                          (vii) Leadership.
                          (viii) Specific subject matters 
                        relevant to the Joint Task Force, 
                        including matters relating to the 
                        missions specified in section 888, to 
                        which the joint duty training program 
                        is assigned.
                  (C) Training required.--
                          (i) Directors and deputy directors.--
                        Except as provided in clauses (iii) and 
                        (iv), an individual shall complete the 
                        joint duty training program before 
                        being appointed Director or Deputy 
                        Director of a Joint Task Force.
                          (ii) Joint task force staff.--Each 
                        official serving on the staff of a 
                        Joint Task Force shall complete the 
                        joint duty training program within the 
                        first year of assignment to such Joint 
                        Task Force.
                          (iii) Exception.--Clause (i) shall 
                        not apply to the first Director or 
                        Deputy Director appointed to a Joint 
                        Task Force on or after the date of the 
                        enactment of this section.
                          (iv) Waiver.--The Secretary may waive 
                        the application of clause (i) if the 
                        Secretary determines that such a waiver 
                        is in the interest of homeland security 
                        or necessary to carry out the mission 
                        for which a Joint Task Force was 
                        established.
          (11) Notification of joint task force formation.--
                  (A) In general.--Not later than 90 days 
                before establishing a Joint Task Force under 
                this subsection, the Secretary shall submit to 
                the majority leader of the Senate, the minority 
                leader of the Senate, the Speaker of the House 
                of Representatives, the majority leader of the 
                House of Representatives, the minority leader 
                of the House of Representatives, and the 
                Committee on Homeland Security and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives and the 
                Committee on Homeland Security and Governmental 
                Affairs and the Committee on Commerce, Science, 
                and Transportation of the Senate a notification 
                regarding such establishment.
                  (B) Waiver authority.--The Secretary may 
                waive the requirement under subparagraph (A) in 
                the event of an emergency circumstance that 
                imminently threatens the protection of human 
                life or property.
          (12) Review.--
                  (A) In general.--Not later than January 31, 
                2018, and January 31, 2021, the Inspector 
                General of the Department shall submit to the 
                Committee on Homeland Security and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives and the 
                Committee on Homeland Security and Governmental 
                Affairs and the Committee on Commerce, Science, 
                and Transportation of the Senate a review of 
                the Joint Task Forces established under this 
                subsection.
                  (B) Contents.--The reviews required under 
                subparagraph (A) shall include--
                          (i) an assessment of the 
                        effectiveness of the structure of each 
                        Joint Task Force; and
                          (ii) recommendations for enhancements 
                        to such structure to strengthen the 
                        effectiveness of each Joint Task Force.
          (13) Sunset.--This section expires on September 30, 
        2022.
  (c) Joint Duty Assignment Program.--After establishing the 
joint duty training program under subsection (b)(10), the 
Secretary shall establish a joint duty assignment program 
within the Department for the purposes of enhancing 
coordination in the Department and promoting workforce 
professional development.

SEC. [709.]  708. OFFICE OF STRATEGY, POLICY, AND PLANS.

  (a) In General.--There is established in the Department an 
Office of Strategy, Policy, and Plans.
  (b) Head of Office.--The Office of Strategy, Policy, and 
Plans shall be headed by an Under Secretary for Strategy, 
Policy, and Plans, who shall serve as the principal policy 
advisor to the Secretary. The Under Secretary for Strategy, 
Policy, and Plans shall be appointed by the President, by and 
with the advice and consent of the Senate.
  (c) Functions.--The Under Secretary for Strategy, Policy, and 
Plans shall--
          (1) lead, conduct, and coordinate Department-wide 
        policy development and implementation and strategic 
        planning;
          (2) develop and coordinate policies to promote and 
        ensure quality, consistency, and integration for the 
        programs, components, offices, and activities across 
        the Department;
          (3) develop and coordinate strategic plans and long-
        term goals of the Department with risk-based analysis 
        and planning to improve operational mission 
        effectiveness, including consultation with the 
        Secretary regarding the quadrennial homeland security 
        review under [section 707] section 706;
          (4) manage Department leadership councils and provide 
        analytics and support to such councils;
          (5) manage international coordination and engagement 
        for the Department;
          (6) review and incorporate, as appropriate, external 
        stakeholder feedback into Department policy; and
          (7) carry out such other responsibilities as the 
        Secretary determines appropriate.
  (d) Deputy Under Secretary.--
          (1) In general.--The Secretary may--
                  (A) establish within the Office of Strategy, 
                Policy, and Plans a position of Deputy Under 
                Secretary to support the Under Secretary for 
                Strategy, Policy, and Plans in carrying out the 
                Under Secretary's responsibilities; and
                  (B) appoint a career employee to such 
                position.
          (2) Limitation on establishment of deputy under 
        secretary positions.--A Deputy Under Secretary position 
        (or any substantially similar position) within the 
        Office of Strategy, Policy, and Plans may not be 
        established except for the position provided for by 
        paragraph (1), unless the Secretary receives prior 
        authorization from Congress.
          (3) Definitions.--For purposes of paragraph (1)--
                  (A) the term ``career employee'' means any 
                employee (as such term is defined in section 
                2105 of title 5, United States Code), but does 
                not include a political appointee; and
                  (B) the term ``political appointee'' means 
                any employee who occupies a position which has 
                been excepted from the competitive service by 
                reason of its confidential, policy-determining, 
                policy-making, or policy-advocating character.
  (e) Coordination by Department Components.--To ensure 
consistency with the policy priorities of the Department, the 
head of each component of the Department shall coordinate with 
the Office of Strategy, Policy, and Plans in establishing or 
modifying policies or strategic planning guidance with respect 
to each such component.
  (f) Homeland Security Statistics and Joint Analysis.--
          (1) Homeland security statistics.--The Under 
        Secretary for Strategy, Policy, and Plans shall--
                  (A) establish standards of reliability and 
                validity for statistical data collected and 
                analyzed by the Department;
                  (B) be provided by the heads of all 
                components of the Department with statistical 
                data maintained by the Department regarding the 
                operations of the Department;
                  (C) conduct or oversee analysis and reporting 
                of such data by the Department as required by 
                law or as directed by the Secretary; and
                  (D) ensure the accuracy of metrics and 
                statistical data provided to Congress.
          (2) Transfer of responsibilities.--There shall be 
        transferred to the Under Secretary for Strategy, 
        Policy, and Plans the maintenance of all immigration 
        statistical information of U.S. Customs and Border 
        Protection, U.S. Immigration and Customs Enforcement, 
        and United States Citizenship and Immigration Services, 
        which shall include information and statistics of the 
        type contained in the publication entitled ``Yearbook 
        of Immigration Statistics'' prepared by the Office of 
        Immigration Statistics, 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, and the reasons for such denials, 
        disaggregated by category of denial and application or 
        petition type.
  (g) Limitation.--Nothing in this section overrides or 
otherwise affects the requirements specified in section 888.

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

           *       *       *       *       *       *       *

Subtitle B--Inspector General

           *       *       *       *       *       *       *

SEC. [812.]  811. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.

  [(a) In General.Section 6 of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by adding at the end the 
following:
  [``(e)(1) In addition to the authority otherwise provided by 
this Act, each Inspector General appointed under section 3, any 
Assistant Inspector General for Investigations under such an 
Inspector General, and any special agent supervised by such an 
Assistant Inspector General may be authorized by the Attorney 
General to--
          [``(A) carry a firearm while engaged in official 
        duties as authorized under this Act or other statute, 
        or as expressly authorized by the Attorney General;
          [``(B) make an arrest without a warrant while engaged 
        in official duties as authorized under this Act or 
        other statute, or as expressly authorized by the 
        Attorney General, for any offense against the United 
        States committed in the presence of such Inspector 
        General, Assistant Inspector General, or agent, or for 
        any felony cognizable under the laws of the United 
        States if such Inspector General, Assistant Inspector 
        General, or agent has reasonable grounds to believe 
        that the person to be arrested has committed or is 
        committing such felony; and
          [``(C) seek and execute warrants for arrest, search 
        of a premises, or seizure of evidence issued under the 
        authority of the United States upon probable cause to 
        believe that a violation has been committed.
  [``(2) The Attorney General may authorize exercise of the 
powers under this subsection only upon an initial determination 
that--
          [``(A) the affected Office of Inspector General is 
        significantly hampered in the performance of 
        responsibilities established by this Act as a result of 
        the lack of such powers;
          [``(B) available assistance from other law 
        enforcement agencies is insufficient to meet the need 
        for such powers; and
          [``(C) adequate internal safeguards and management 
        procedures exist to ensure proper exercise of such 
        powers.
  [``(3) The Inspector General offices of the Department of 
Commerce, Department of Education, Department of Energy, 
Department of Health and Human Services, Department of Homeland 
Security, Department of Housing and Urban Development, 
Department of the Interior, Department of Justice, Department 
of Labor, Department of State, Department of Transportation, 
Department of the Treasury, Department of Veterans Affairs, 
Agency for International Development, Environmental Protection 
Agency, Federal Deposit Insurance Corporation, Federal 
Emergency Management Agency, General Services Administration, 
National Aeronautics and Space Administration, Nuclear 
Regulatory Commission, Office of Personnel Management, Railroad 
Retirement Board, Small Business Administration, Social 
Security Administration, and the Tennessee Valley Authority are 
exempt from the requirement of paragraph (2) of an initial 
determination of eligibility by the Attorney General.
  [``(4) The Attorney General shall promulgate, and revise as 
appropriate, guidelines which shall govern the exercise of the 
law enforcement powers established under paragraph (1).
  [``(5)(A) Powers authorized for an Office of Inspector 
General under paragraph (1) may be rescinded or suspended upon 
a determination by the Attorney General that any of the 
requirements under paragraph (2) is no longer satisfied or that 
the exercise of authorized powers by that Office of Inspector 
General has not complied with the guidelines promulgated by the 
Attorney General under paragraph (4).
          [``(B) Powers authorized to be exercised by any 
        individual under paragraph (1) may be rescinded or 
        suspended with respect to that individual upon a 
        determination by the Attorney General that such 
        individual has not complied with guidelines promulgated 
        by the Attorney General under paragraph (4).
  [``(6) A determination by the Attorney General under 
paragraph (2) or (5) shall not be reviewable in or by any 
court.
  [``(7) To ensure the proper exercise of the law enforcement 
powers authorized by this subsection, the Offices of Inspector 
General described under paragraph (3) shall, not later than 180 
days after the date of enactment of this subsection, 
collectively enter into a memorandum of understanding to 
establish an external review process for ensuring that adequate 
internal safeguards and management procedures continue to exist 
within each Office and within any Office that later receives an 
authorization under paragraph (2). The review process shall be 
established in consultation with the Attorney General, who 
shall be provided with a copy of the memorandum of 
understanding that establishes the review process. Under the 
review process, the exercise of the law enforcement powers by 
each Office of Inspector General shall be reviewed periodically 
by another Office of Inspector General or by a committee of 
Inspectors General. The results of each review shall be 
communicated in writing to the applicable Inspector General and 
to the Attorney General.
  [``(8) No provision of this subsection shall limit the 
exercise of law enforcement powers established under any other 
statutory authority, including United States Marshals Service 
special deputation.''.
  [(b) Promulgation of Initial Guidelines.--] (a) Definition._
          [(1) Definition.--]In this subsection, the term 
        ``memoranda of understanding'' means the agreements 
        between the Department of Justice and the Inspector 
        General offices described under section 6(e)(3) of the 
        Inspector General Act of 1978 (5 U.S.C. App.) [(as 
        added by subsection (a) of this section)] that--
          [(A)] (1) are in effect on the date of enactment of 
        this Act; and
          [(B)] (2) authorize such offices to exercise 
        authority that is the same or similar to the authority 
        under section 6(e)(1) of such Act.
  [(2)] (b) In general.--Not later than 180 days after the date 
of enactment of this Act, the Attorney General shall promulgate 
guidelines under section 6(e)(4) of the Inspector General Act 
of 1978 (5 U.S.C. App.) [(as added by subsection (a) of this 
section)] applicable to the Inspector General offices described 
under section 6(e)(3) of that Act.
  [(3)] (c) Minimum requirements.--The guidelines promulgated 
under this subsection shall include, at a minimum, the 
operational and training requirements in the memoranda of 
understanding.
  [(4)] (d) No lapse of authority.--The memoranda of 
understanding in effect on the date of enactment of this Act 
shall remain in effect until the guidelines promulgated under 
this subsection take effect.
  [(c) Effective Dates.--
          [(1) In general.--Subsection (a) shall take effect 
        180 days after the date of enactment of this Act.
          [(2) Initial guidelines.--Subsection (b) shall take 
        effect on the date of enactment of this Act.]

           *       *       *       *       *       *       *

Subtitle 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.

           *       *       *       *       *       *       *

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.]

SEC. [858.]  857. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL 
                    MARKETPLACE.

  The head of each executive agency shall conduct market 
research on an ongoing basis to identify effectively the 
capabilities, including the capabilities of small businesses 
and new entrants into Federal contracting, that are available 
in the marketplace for meeting the requirements of the 
executive agency in furtherance of defense against or recovery 
from terrorism or nuclear, biological, chemical, or 
radiological attack. The head of the executive agency shall, to 
the maximum extent practicable, take advantage of commercially 
available market research methods, including use of commercial 
databases, to carry out the research.

           *       *       *       *       *       *       *

Subtitle 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. 879. OFFICE OF INTERNATIONAL AFFAIRS.

  [(a) Establishment.--There is established within the Office 
of the Secretary an Office of International Affairs. The Office 
shall be headed by a Director, who shall be a senior official 
appointed by the Secretary.
  [(b) Duties of the Director.--The Director shall have the 
following duties:
          [(1) To promote information and education exchange 
        with nations friendly to the United States in order to 
        promote sharing of best practices and technologies 
        relating to homeland security. Such exchange shall 
        include the following:
                  [(A) Exchange of information on research and 
                development on homeland security technologies.
                  [(B) Joint training exercises of first 
                responders.
                  [(C) Exchange of expertise on terrorism 
                prevention, response, and crisis management.
          [(2) To identify areas for homeland security 
        information and training exchange where the United 
        States has a demonstrated weakness and another friendly 
        nation or nations have a demonstrated expertise.
          [(3) To plan and undertake international conferences, 
        exchange programs, and training activities.
          [(4) To manage international activities within the 
        Department in coordination with other Federal officials 
        with responsibility for counter-terrorism matters.]

           *       *       *       *       *       *       *

[SEC. 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] within 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.]

           *       *       *       *       *       *       *

[SEC. 889. HOMELAND SECURITY FUNDING ANALYSIS IN PRESIDENT'S BUDGET.

  [(a) In General.Section 1105(a) of title 31, United States 
Code, is amended by adding at the end the following:
          [``(33)(A)(i) a detailed, separate analysis, by 
        budget function, by agency, and by initiative area (as 
        determined by the administration) for the prior fiscal 
        year, the current fiscal year, the fiscal years for 
        which the budget is submitted, and the ensuing fiscal 
        year identifying the amounts of gross and net 
        appropriations or obligational authority and outlays 
        that contribute to homeland security, with separate 
        displays for mandatory and discretionary amounts, 
        including--
                  [``(I) summaries of the total amount of such 
                appropriations or new obligational authority 
                and outlays requested for homeland security;
                  [``(II) an estimate of the current service 
                levels of homeland security spending;
                  [``(III) the most recent risk assessment and 
                summary of homeland security needs in each 
                initiative area (as determined by the 
                administration); and
                  [``(IV) an estimate of user fees collected by 
                the Federal Government on behalf of homeland 
                security activities;
          [``(ii) with respect to subclauses (I) through (IV) 
        of clause (i), amounts shall be provided by account for 
        each program, project and activity; and
          [``(iii) an estimate of expenditures for homeland 
        security activities by State and local governments and 
        the private sector for the prior fiscal year and the 
        current fiscal year.
          [``(B) In this paragraph, consistent with the Office 
        of Management and Budget's June 2002 `Annual Report to 
        Congress on Combatting Terrorism', the term `homeland 
        security' refers to those activities that detect, 
        deter, protect against, and respond to terrorist 
        attacks occurring within the United States and its 
        territories.
          [``(C) In implementing this paragraph, including 
        determining what Federal activities or accounts 
        constitute homeland security for purposes of budgetary 
        classification, the Office of Management and Budget is 
        directed to consult periodically, but at least 
        annually, with the House and Senate Budget Committees, 
        the House and Senate Appropriations Committees, and the 
        Congressional Budget Office.''.
  [(b) Repeal of Duplicative Reports.The following sections are 
repealed:
          [(1) Section 1051 of Public Law 105-85.
          [(2) Section 1403 of Public Law 105-261.
  [(c) Effective Date.--This section and the amendment made by 
this section shall apply beginning with respect to the fiscal 
year 2005 budget submission.]

SEC. [890A.]  889. CYBER CRIMES CENTER, CHILD EXPLOITATION 
                    INVESTIGATIONS UNIT, COMPUTER FORENSICS UNIT, AND 
                    CYBER CRIMES UNIT.

  (a) Cyber Crimes Center.--
          (1) In general.--The Secretary shall operate, within 
        United States Immigration and Customs Enforcement, a 
        Cyber Crimes Center (referred to in this section as the 
        ``Center'').
          (2) Purpose.--The purpose of the Center shall be to 
        provide investigative assistance, training, and 
        equipment to support United States Immigration and 
        Customs Enforcement's domestic and international 
        investigations of cyber-related crimes.
  (b) Child Exploitation Investigations Unit.--
          (1) In general.--The Secretary shall operate, within 
        the Center, a Child Exploitation Investigations Unit 
        (referred to in this subsection as the ``CEIU'').
          (2) Functions.--The CEIU--
                  (A) shall coordinate all United States 
                Immigration and Customs Enforcement child 
                exploitation initiatives, including 
                investigations into--
                          (i) child exploitation;
                          (ii) child pornography;
                          (iii) child victim identification;
                          (iv) traveling child sex offenders; 
                        and
                          (v) forced child labor, including the 
                        sexual exploitation of minors;
                  (B) shall, among other things, focus on--
                          (i) child exploitation prevention;
                          (ii) investigative capacity building;
                          (iii) enforcement operations; and
                          (iv) training for Federal, State, 
                        local, tribal, and foreign law 
                        enforcement agency personnel, upon 
                        request;
                  (C) shall provide training, technical 
                expertise, support, or coordination of child 
                exploitation investigations, as needed, to 
                cooperating law enforcement agencies and 
                personnel;
                  (D) shall provide psychological support and 
                counseling services for United States 
                Immigration and Customs Enforcement personnel 
                engaged in child exploitation prevention 
                initiatives, including making available other 
                existing services to assist employees who are 
                exposed to child exploitation material during 
                investigations;
                  (E) is authorized to collaborate with the 
                Department of Defense and the National 
                Association to Protect Children for the purpose 
                of the recruiting, training, equipping and 
                hiring of wounded, ill, and injured veterans 
                and transitioning service members, through the 
                Human Exploitation Rescue Operative (HERO) 
                Child Rescue Corps program; and
                  (F) shall collaborate with other 
                governmental, nongovernmental, and nonprofit 
                entities approved by the Secretary for the 
                sponsorship of, and participation in, outreach 
                and training activities.
          (3) Data collection.--The CEIU shall collect and 
        maintain data concerning--
                  (A) the total number of suspects identified 
                by United States Immigration and Customs 
                Enforcement;
                  (B) the number of arrests by United States 
                Immigration and Customs Enforcement, 
                disaggregated by type, including--
                          (i) the number of victims identified 
                        through investigations carried out by 
                        United States Immigration and Customs 
                        Enforcement; and
                          (ii) the number of suspects arrested 
                        who were in positions of trust or 
                        authority over children;
                  (C) the number of cases opened for 
                investigation by United States Immigration and 
                Customs Enforcement; and
                  (D) the number of cases resulting in a 
                Federal, State, foreign, or military 
                prosecution.
          (4) Availability of data to congress.--In addition to 
        submitting the reports required under paragraph (7), 
        the CEIU shall make the data collected and maintained 
        under paragraph (3) available to the committees of 
        Congress described in paragraph (7).
          (5) Cooperative agreements.--The CEIU is authorized 
        to enter into cooperative agreements to accomplish the 
        functions set forth in paragraphs (2) and (3).
          (6) Acceptance of gifts.--
                  (A) In general.--The Secretary is authorized 
                to accept monies and in-kind donations from the 
                Virtual Global Taskforce, national 
                laboratories, Federal agencies, not-for-profit 
                organizations, and educational institutions to 
                create and expand public awareness campaigns in 
                support of the functions of the CEIU.
                  (B) Exemption from federal acquisition 
                regulation.--Gifts authorized under 
                subparagraph (A) shall not be subject to the 
                Federal Acquisition Regulation for competition 
                when the services provided by the entities 
                referred to in such subparagraph are donated or 
                of minimal cost to the Department.
          (7) Reports.--Not later than 1 year after the date of 
        the enactment of the HERO Act of 2015, and annually for 
        the following 4 years, the CEIU shall--
                  (A) submit a report containing a summary of 
                the data collected pursuant to paragraph (3) 
                during the previous year to--
                          (i) the Committee on Homeland 
                        Security and Governmental Affairs of 
                        the Senate;
                          (ii) the Committee on the Judiciary 
                        of the Senate;
                          (iii) the Committee on Appropriations 
                        of the Senate;
                          (iv) the Committee on Homeland 
                        Security of the House of 
                        Representatives;
                          (v) the Committee on the Judiciary of 
                        the House of Representatives; and
                          (vi) the Committee on Appropriations 
                        of the House of Representatives; and
                  (B) make a copy of each report submitted 
                under subparagraph (A) publicly available on 
                the website of the Department.
  (c) Computer Forensics Unit.--
          (1) In general.--The Secretary shall operate, within 
        the Center, a Computer Forensics Unit (referred to in 
        this subsection as the ``CFU'').
          (2) Functions.--The CFU--
                  (A) shall provide training and technical 
                support in digital forensics to--
                          (i) United States Immigration and 
                        Customs Enforcement personnel; and
                          (ii) Federal, State, local, tribal, 
                        military, and foreign law enforcement 
                        agency personnel engaged in the 
                        investigation of crimes within their 
                        respective jurisdictions, upon request 
                        and subject to the availability of 
                        funds;
                  (B) shall provide computer hardware, 
                software, and forensic licenses for all 
                computer forensics personnel within United 
                States Immigration and Customs Enforcement;
                  (C) shall participate in research and 
                development in the area of digital forensics, 
                in coordination with appropriate components of 
                the Department; and
                  (D) is authorized to collaborate with the 
                Department of Defense and the National 
                Association to Protect Children for the purpose 
                of recruiting, training, equipping, and hiring 
                wounded, ill, and injured veterans and 
                transitioning service members, through the 
                Human Exploitation Rescue Operative (HERO) 
                Child Rescue Corps program.
          (3) Cooperative agreements.--The CFU is authorized to 
        enter into cooperative agreements to accomplish the 
        functions set forth in paragraph (2).
          (4) Acceptance of gifts.--
                  (A) In general.--The Secretary is authorized 
                to accept monies and in-kind donations from the 
                Virtual Global Task Force, national 
                laboratories, Federal agencies, not-for-profit 
                organizations, and educational institutions to 
                create and expand public awareness campaigns in 
                support of the functions of the CFU.
                  (B) Exemption from federal acquisition 
                regulation.--Gifts authorized under 
                subparagraph (A) shall not be subject to the 
                Federal Acquisition Regulation for competition 
                when the services provided by the entities 
                referred to in such subparagraph are donated or 
                of minimal cost to the Department.
  (d) Cyber Crimes Unit.--
          (1) In general.--The Secretary shall operate, within 
        the Center, a Cyber Crimes Unit (referred to in this 
        subsection as the ``CCU'').
          (2) Functions.--The CCU--
                  (A) shall oversee the cyber security strategy 
                and cyber-related operations and programs for 
                United States Immigration and Customs 
                Enforcement;
                  (B) shall enhance United States Immigration 
                and Customs Enforcement's ability to combat 
                criminal enterprises operating on or through 
                the Internet, with specific focus in the areas 
                of--
                          (i) cyber economic crime;
                          (ii) digital theft of intellectual 
                        property;
                          (iii) illicit e-commerce (including 
                        hidden marketplaces);
                          (iv) Internet-facilitated 
                        proliferation of arms and strategic 
                        technology; and
                          (v) cyber-enabled smuggling and money 
                        laundering;
                  (C) shall provide training and technical 
                support in cyber investigations to--
                          (i) United States Immigration and 
                        Customs Enforcement personnel; and
                          (ii) Federal, State, local, tribal, 
                        military, and foreign law enforcement 
                        agency personnel engaged in the 
                        investigation of crimes within their 
                        respective jurisdictions, upon request 
                        and subject to the availability of 
                        funds;
                  (D) shall participate in research and 
                development in the area of cyber 
                investigations, in coordination with 
                appropriate components of the Department; and
                  (E) is authorized to recruit participants of 
                the Human Exploitation Rescue Operative (HERO) 
                Child Rescue Corps program for investigative 
                and forensic positions in support of the 
                functions of the CCU.
          (3) Cooperative agreements.--The CCU is authorized to 
        enter into cooperative agreements to accomplish the 
        functions set forth in paragraph (2).
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary such sums as are necessary to 
carry out this section.

           *       *       *       *       *       *       *

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.]

SEC. [894.]  893. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as may be 
necessary to carry out section 892.

           *       *       *       *       *       *       *

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''.
  (b) [Omitted amendatory text.]
  (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. 1201. AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS ARISING OUT OF 
                    ACTS OF TERRORISM

  [Section 44303 of title 49, United States Code, is amended--
          [(1) by inserting ``(a) In general.--'' before ``The 
        Secretary of Transportation'';
          [(2) by moving the text of paragraph (2) of section 
        201(b) of the Air Transportation Safety and System 
        Stabilization Act (115 Stat. 235) to the end and 
        redesignating such paragraph as subsection (b);
          [(3) in subsection (b) (as so redesignated)--
                  [(A) by striking the subsection heading and 
                inserting ``Air Carrier Liability for Third 
                Party Claims Arising Out of Acts of 
                Terrorism.--'';
                  [(B) in the first sentence by striking ``the 
                180-day period following the date of enactment 
                of this Act, the Secretary of Transportation'' 
                and inserting ``the period beginning on 
                September 22, 2001, and ending on December 31, 
                2003, the Secretary''; and
                  [(C) in the last sentence by striking ``this 
                paragraph'' and inserting ``this subsection''.

[SEC. 1202. EXTENSION OF INSURANCE POLICIES

  [Section 44302 of title 49, United States Code, is amended by 
adding at the end the following:
  [``(f) Extension of Policies.
          [``(1) In general. The Secretary shall extend through 
        August 31, 2003, and may extend through December 31, 
        2003, the termination date of any insurance policy that 
        the Department of Transportation issued to an air 
        carrier under subsection (a) and that is in effect on 
        the date of enactment of this subsection on no less 
        favorable terms to the air carrier than existed on June 
        19, 2002; except that the Secretary shall amend the 
        insurance policy, subject to such terms and conditions 
        as the Secretary may prescribe, to add coverage for 
        losses or injuries to aircraft hulls, passengers, and 
        crew at the limits carried by air carriers for such 
        losses and injuries as of such date of enactment and at 
        an additional premium comparable to the premium charged 
        for third-party casualty coverage under such policy.
          [``(2) Special rules. Notwithstanding paragraph (1)--
                  [``(A) in no event shall the total premium 
                paid by the air carrier for the policy, as 
                amended, be more than twice the premium that 
                the air carrier was paying to the Department of 
                Transportation for its third party policy as of 
                June 19, 2002; and
                  [``(B) the coverage in such policy shall 
                begin with the first dollar of any covered loss 
                that is incurred.''.

[SEC. 1203. CORRECTION OF REFERENCE

  [Effective November 19, 2001, section 147 of the Aviation and 
Transportation Security Act (Public Law 107-71) is amended by 
striking ``(b)'' and inserting ``(c)''.

[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) In General.Subchapter I of chapter 449 of title 49, 
United States Code, is amended by adding at the end the 
following:

[``SEC. 44921. FEDERAL FLIGHT DECK OFFICER PROGRAM

  [``(a) Establishment.The Under Secretary of Transportation 
for Security shall establish a program to deputize volunteer 
pilots of air carriers providing passenger air transportation 
or intrastate passenger air transportation as Federal law 
enforcement officers to defend the flight decks of aircraft of 
such air carriers against acts of criminal violence or air 
piracy. Such officers shall be known as `Federal flight deck 
officers'.
  [``(b) Procedural Requirements.
          [``(1) In general. Not later than 3 months after the 
        date of enactment of this section, the Under Secretary 
        shall establish procedural requirements to carry out 
        the program under this section.
          [``(2) Commencement of program. Beginning 3 months 
        after the date of enactment of this section, the Under 
        Secretary shall begin the process of training and 
        deputizing pilots who are qualified to be Federal 
        flight deck officers as Federal flight deck officers 
        under the program.
          [``(3) Issues to be addressed. The procedural 
        requirements established under paragraph (1) shall 
        address the following issues:
                  [``(A) The type of firearm to be used by a 
                Federal flight deck officer.
                  [``(B) The type of ammunition to be used by a 
                Federal flight deck officer.
                  [``(C) The standards and training needed to 
                qualify and requalify as a Federal flight deck 
                officer.
                  [``(D) The placement of the firearm of a 
                Federal flight deck officer on board the 
                aircraft to ensure both its security and its 
                ease of retrieval in an emergency.
                  [``(E) An analysis of the risk of 
                catastrophic failure of an aircraft as a result 
                of the discharge (including an accidental 
                discharge) of a firearm to be used in the 
                program into the avionics, electrical systems, 
                or other sensitive areas of the aircraft.
                  [``(F) The division of responsibility between 
                pilots in the event of an act of criminal 
                violence or air piracy if only 1 pilot is a 
                Federal flight deck officer and if both pilots 
                are Federal flight deck officers.
                  [``(G) Procedures for ensuring that the 
                firearm of a Federal flight deck officer does 
                not leave the cockpit if there is a disturbance 
                in the passenger cabin of the aircraft or if 
                the pilot leaves the cockpit for personal 
                reasons.
                  [``(H) Interaction between a Federal flight 
                deck officer and a Federal air marshal on board 
                the aircraft.
                  [``(I) The process for selection of pilots to 
                participate in the program based on their 
                fitness to participate in the program, 
                including whether an additional background 
                check should be required beyond that required 
                by section 44936(a)(1).
                  [``(J) Storage and transportation of firearms 
                between flights, including international 
                flights, to ensure the security of the 
                firearms, focusing particularly on whether such 
                security would be enhanced by requiring storage 
                of the firearm at the airport when the pilot 
                leaves the airport to remain overnight away 
                from the pilot's base airport.
                  [``(K) Methods for ensuring that security 
                personnel will be able to identify whether a 
                pilot is authorized to carry a firearm under 
                the program.
                  [``(L) Methods for ensuring that pilots 
                (including Federal flight deck officers) will 
                be able to identify whether a passenger is a 
                law enforcement officer who is authorized to 
                carry a firearm aboard the aircraft.
                  [``(M) Any other issues that the Under 
                Secretary considers necessary.
                  [``(N) The Under Secretary's decisions 
                regarding the methods for implementing each of 
                the foregoing procedural requirements shall be 
                subject to review only for abuse of discretion.
          [``(4) Preference. In selecting pilots to participate 
        in the program, the Under Secretary shall give 
        preference to pilots who are former military or law 
        enforcement personnel.
          [``(5) Classified information. Notwithstanding 
        section 552 of title 5 but subject to section 40119 of 
        this title, information developed under paragraph 
        (3)(E) shall not be disclosed.
          [``(6) Notice to congress. The Under Secretary shall 
        provide notice to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate after completing the analysis required by 
        paragraph (3)(E).
          [``(7) Minimization of risk. If the Under Secretary 
        determines as a result of the analysis under paragraph 
        (3)(E) that there is a significant risk of the 
        catastrophic failure of an aircraft as a result of the 
        discharge of a firearm, the Under Secretary shall take 
        such actions as may be necessary to minimize that risk.
  [``(c) Training, Supervision, and Equipment.
          [``(1) In general. The Under Secretary shall only be 
        obligated to provide the training, supervision, and 
        equipment necessary for a pilot to be a Federal flight 
        deck officer under this section at no expense to the 
        pilot or the air carrier employing the pilot.
          [``(2) Training.
                  [``(A) In general. The Under Secretary shall 
                base the requirements for the training of 
                Federal flight deck officers under subsection 
                (b) on the training standards applicable to 
                Federal air marshals; except that the Under 
                Secretary shall take into account the differing 
                roles and responsibilities of Federal flight 
                deck officers and Federal air marshals.
                  [``(B) Elements. The training of a Federal 
                flight deck officer shall include, at a 
                minimum, the following elements:
                          [``(i) Training to ensure that the 
                        officer achieves the level of 
                        proficiency with a firearm required 
                        under subparagraph (C)(i).
                          [``(ii) Training to ensure that the 
                        officer maintains exclusive control 
                        over the officer's firearm at all 
                        times, including training in defensive 
                        maneuvers.
                          [``(iii) Training to assist the 
                        officer in determining when it is 
                        appropriate to use the officer's 
                        firearm and when it is appropriate to 
                        use less than lethal force.
                  [``(C) Training in use of firearms.
                          [``(i) Standard. In order to be 
                        deputized as a Federal flight deck 
                        officer, a pilot must achieve a level 
                        of proficiency with a firearm that is 
                        required by the Under Secretary. Such 
                        level shall be comparable to the level 
                        of proficiency required of Federal air 
                        marshals.
                          [``(ii) Conduct of training. The 
                        training of a Federal flight deck 
                        officer in the use of a firearm may be 
                        conducted by the Under Secretary or by 
                        a firearms training facility approved 
                        by the Under Secretary.
                          [``(iii) Requalification. The Under 
                        Secretary shall require a Federal 
                        flight deck officer to requalify to 
                        carry a firearm under the program. Such 
                        requalification shall occur at an 
                        interval required by the Under 
                        Secretary.
  [``(d) Deputization.
          [``(1) In general. The Under Secretary may deputize, 
        as a Federal flight deck officer under this section, a 
        pilot who submits to the Under Secretary a request to 
        be such an officer and whom the Under Secretary 
        determines is qualified to be such an officer.
          [``(2) Qualification. A pilot is qualified to be a 
        Federal flight deck officer under this section if--
                  [``(A) the pilot is employed by an air 
                carrier;
                  [``(B) the Under Secretary determines (in the 
                Under Secretary's discretion) that the pilot 
                meets the standards established by the Under 
                Secretary for being such an officer; and
                  [``(C) the Under Secretary determines that 
                the pilot has completed the training required 
                by the Under Secretary.
          [``(3) Deputization by other federal agencies. The 
        Under Secretary may request another Federal agency to 
        deputize, as Federal flight deck officers under this 
        section, those pilots that the Under Secretary 
        determines are qualified to be such officers.
          [``(4) Revocation. The Under Secretary may, (in the 
        Under Secretary's discretion) revoke the deputization 
        of a pilot as a Federal flight deck officer if the 
        Under Secretary finds that the pilot is no longer 
        qualified to be such an officer.
  [``(e) Compensation.Pilots participating in the program under 
this section shall not be eligible for compensation from the 
Federal Government for services provided as a Federal flight 
deck officer. The Federal Government and air carriers shall not 
be obligated to compensate a pilot for participating in the 
program or for the pilot's training or qualification and 
requalification to carry firearms under the program.
  [``(f) Authority To Carry Firearms.
          [``(1) In general. The Under Secretary shall 
        authorize a Federal flight deck officer to carry a 
        firearm while engaged in providing air transportation 
        or intrastate air transportation. Notwithstanding 
        subsection (c)(1), the officer may purchase a firearm 
        and carry that firearm aboard an aircraft of which the 
        officer is the pilot in accordance with this section if 
        the firearm is of a type that may be used under the 
        program.
          [``(2) Preemption. Notwithstanding any other 
        provision of Federal or State law, a Federal flight 
        deck officer, whenever necessary to participate in the 
        program, may carry a firearm in any State and from 1 
        State to another State.
          [``(3) Carrying firearms outside united states. In 
        consultation with the Secretary of State, the Under 
        Secretary may take such action as may be necessary to 
        ensure that a Federal flight deck officer may carry a 
        firearm in a foreign country whenever necessary to 
        participate in the program.
  [``(g) Authority To Use Force.Notwithstanding section 
44903(d), the Under Secretary shall prescribe the standards and 
circumstances under which a Federal flight deck officer may 
use, while the program under this section is in effect, force 
(including lethal force) against an individual in the defense 
of the flight deck of an aircraft in air transportation or 
intrastate air transportation.
  [``(h) Limitation on Liability.
          [``(1) Liability of air carriers. An air carrier 
        shall not be liable for damages in any action brought 
        in a Federal or State court arising out of a Federal 
        flight deck officer's use of or failure to use a 
        firearm.
          [``(2) Liability of federal flight deck officers. A 
        Federal flight deck officer shall not be liable for 
        damages in any action brought in a Federal or State 
        court arising out of the acts or omissions of the 
        officer in defending the flight deck of an aircraft 
        against acts of criminal violence or air piracy unless 
        the officer is guilty of gross negligence or willful 
        misconduct.
          [``(3) Liability of federal government. For purposes 
        of an action against the United States with respect to 
        an act or omission of a Federal flight deck officer in 
        defending the flight deck of an aircraft, the officer 
        shall be treated as an employee of the Federal 
        Government under chapter 171 of title 28, relating to 
        tort claims procedure.
  [``(i) Procedures Following Accidental Discharges.If an 
accidental discharge of a firearm under the pilot program 
results in the injury or death of a passenger or crew member on 
an aircraft, the Under Secretary--
          [``(1) shall revoke the deputization of the Federal 
        flight deck officer responsible for that firearm if the 
        Under Secretary determines that the discharge was 
        attributable to the negligence of the officer; and
          [``(2) if the Under Secretary determines that a 
        shortcoming in standards, training, or procedures was 
        responsible for the accidental discharge, the Under 
        Secretary may temporarily suspend the program until the 
        shortcoming is corrected.
  [``(j) Limitation on Authority of Air Carriers.No air carrier 
shall prohibit or threaten any retaliatory action against a 
pilot employed by the air carrier from becoming a Federal 
flight deck officer under this section. No air carrier shall--
          [``(1) prohibit a Federal flight deck officer from 
        piloting an aircraft operated by the air carrier; or
          [``(2) terminate the employment of a Federal flight 
        deck officer, solely on the basis of his or her 
        volunteering for or participating in the program under 
        this section.
  [``(k) Applicability.
          [``(1) Exemption. This section shall not apply to air 
        carriers operating under part 135 of title 14, Code of 
        Federal Regulations, and to pilots employed by such 
        carriers to the extent that such carriers and pilots 
        are covered by section 135.119 of such title or any 
        successor to such section.
          [``(2) Pilot defined. The term `pilot' means an 
        individual who has final authority and responsibility 
        for the operation and safety of the flight or, if more 
        than 1 pilot is required for the operation of the 
        aircraft or by the regulations under which the flight 
        is being conducted, the individual designated as second 
        in command.''.
  [(b) Conforming Amendments.
          [(1) Chapter analysis. The analysis for such chapter 
        is amended by inserting after the item relating to 
        section 44920 the following:

[``44921.Federal flight deck officer program.]''.
          [(2) Flight deck security. Section 128 of the 
        Aviation and Transportation Security Act (Public Law 
        107-71) is repealed.
  [(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) In General.Section 44918(e) of title 49, United States 
Code, is amended--
          [(1) by striking ``The Administrator'' and inserting 
        the following:
          [``(1) In general. The Under Secretary'';
          [(2) by adding at the end the following:
          [``(2) Additional requirements. In updating the 
        training guidance, the Under Secretary, in consultation 
        with the Administrator, shall issue a rule to--
                  [``(A) require both classroom and effective 
                hands-on situational training in the following 
                elements of self defense:
                          [``(i) recognizing suspicious 
                        activities and determining the 
                        seriousness of an occurrence;
                          [``(ii) deterring a passenger who 
                        might present a problem;
                          [``(iii) crew communication and 
                        coordination;
                          [``(iv) the proper commands to give 
                        to passengers and attackers;
                          [``(v) methods to subdue and restrain 
                        an attacker;
                          [``(vi) use of available items aboard 
                        the aircraft for self-defense;
                          [``(vii) appropriate and effective 
                        responses to defend oneself, including 
                        the use of force against an attacker;
                          [``(viii) use of protective devices 
                        assigned to crew members (to the extent 
                        such devices are approved by the 
                        Administrator or Under Secretary);
                          [``(ix) the psychology of terrorists 
                        to cope with their behavior and 
                        passenger responses to that behavior; 
                        and
                          [``(x) how to respond to aircraft 
                        maneuvers that may be authorized to 
                        defend against an act of criminal 
                        violence or air piracy;
                  [``(B) require training in the proper conduct 
                of a cabin search, including the duty time 
                required to conduct the search;
                  [``(C) establish the required number of hours 
                of training and the qualifications for the 
                training instructors;
                  [``(D) establish the intervals, number of 
                hours, and elements of recurrent training;
                  [``(E) ensure that air carriers provide the 
                initial training required by this paragraph 
                within 24 months of the date of enactment of 
                this subparagraph; and
                  [``(F) ensure that no person is required to 
                participate in any hands-on training activity 
                that that person believes will have an adverse 
                impact on his or her health or safety.
          [``(3) Responsibility of under secretary.(A) 
        Consultation. In developing the rule under paragraph 
        (2), the Under Secretary shall consult with law 
        enforcement personnel and security experts who have 
        expertise in self-defense training, terrorism experts, 
        and representatives of air carriers, the provider of 
        self-defense training for Federal air marshals, flight 
        attendants, labor organizations representing flight 
        attendants, and educational institutions offering law 
        enforcement training programs.
          [``(B) Designation of official. The Under Secretary 
        shall designate an official in the Transportation 
        Security Administration to be responsible for 
        overseeing the implementation of the training program 
        under this subsection.
          [``(C) Necessary resources and knowledge. The Under 
        Secretary shall ensure that employees of the 
        Administration responsible for monitoring the training 
        program have the necessary resources and knowledge.''; 
        and
          [(3) by aligning the remainder of the text of 
        paragraph (1) (as designated by paragraph (1) of this 
        section) with paragraphs (2) and (3) (as added by 
        paragraph (2) of this section).
  [(b) Enhance Security Measures.Section 109(a) of the Aviation 
and Transportation Security Act (49 U.S.C. 114 note; 115 Stat. 
613-614) is amended by adding at the end the following:
          [``(9) Require that air carriers provide flight 
        attendants with a discreet, hands-free, wireless method 
        of communicating with the pilots.''.
  [(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.]

SEC. [1503.]  1502. REVIEW OF CONGRESSIONAL COMMITTEE STRUCTURES.

  It is the sense of Congress that each House of Congress 
should review its committee structure in light of the 
reorganization of responsibilities within the executive branch 
by the establishment of the Department.
          * * * * * * *

                   TITLE XVI--TRANSPORTATION SECURITY

          * * * * * * *

    Subtitle B--Transportation Security Administration Acquisition 
                              Improvements

SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT PLAN.

  (a) In General.--The Administrator shall--
          (1) not later than 180 days after the date of the 
        enactment of the Transportation Security Acquisition 
        Reform Act, develop and submit to Congress a strategic 
        5-year technology investment plan, that may include a 
        classified addendum to report sensitive transportation 
        security risks, technology vulnerabilities, or other 
        sensitive security information; and
          (2) to the extent possible, publish the Plan in an 
        unclassified format in the public domain.
  (b) Consultation.--The Administrator shall develop the Plan 
in consultation with--
          (1) the Under Secretary for Management;
          (2) the Under Secretary for Science and Technology;
          (3) the Chief Information Officer; and
          (4) the aviation industry stakeholder advisory 
        committee established by the Administrator.
  (c) Approval.--The Administrator may not publish the Plan 
under subsection (a)(2) until it has been approved by the 
Secretary.
  (d) Contents of Plan.--The Plan shall include--
          (1) an analysis of transportation security risks and 
        the associated capability gaps that would be best 
        addressed by security-related technology, including 
        consideration of the most recent quadrennial homeland 
        security review under [section 707] section 706;
          (2) a set of security-related technology acquisition 
        needs that--
                  (A) is prioritized based on risk and 
                associated capability gaps identified under 
                paragraph (1); and
                  (B) includes planned technology programs and 
                projects with defined objectives, goals, 
                timelines, and measures;
          (3) an analysis of current and forecast trends in 
        domestic and international passenger travel;
          (4) an identification of currently deployed security-
        related technologies that are at or near the end of 
        their lifecycles;
          (5) an identification of test, evaluation, modeling, 
        and simulation capabilities, including target 
        methodologies, rationales, and timelines necessary to 
        support the acquisition of the security-related 
        technologies expected to meet the needs under paragraph 
        (2);
          (6) an identification of opportunities for public-
        private partnerships, small and disadvantaged company 
        participation, intragovernment collaboration, 
        university centers of excellence, and national 
        laboratory technology transfer;
          (7) an identification of the Administration's 
        acquisition workforce needs for the management of 
        planned security-related technology acquisitions, 
        including consideration of leveraging acquisition 
        expertise of other Federal agencies;
          (8) an identification of the security resources, 
        including information security resources, that will be 
        required to protect security-related technology from 
        physical or cyber theft, diversion, sabotage, or 
        attack;
          (9) an identification of initiatives to streamline 
        the Administration's acquisition process and provide 
        greater predictability and clarity to small, medium, 
        and large businesses, including the timeline for 
        testing and evaluation;
          (10) an assessment of the impact to commercial 
        aviation passengers;
          (11) a strategy for consulting airport management, 
        air carrier representatives, and Federal security 
        directors whenever an acquisition will lead to the 
        removal of equipment at airports, and how the strategy 
        for consulting with such officials of the relevant 
        airports will address potential negative impacts on 
        commercial passengers or airport operations; and
          (12) in consultation with the National Institutes of 
        Standards and Technology, an identification of 
        security-related technology interface standards, in 
        existence or if implemented, that could promote more 
        interoperable passenger, baggage, and cargo screening 
        systems.
  (e) Leveraging the Private Sector.--To the extent possible, 
and in a manner that is consistent with fair and equitable 
practices, the Plan shall--
          (1) leverage emerging technology trends and research 
        and development investment trends within the public and 
        private sectors;
          (2) incorporate private sector input, including from 
        the aviation industry stakeholder advisory committee 
        established by the Administrator, through requests for 
        information, industry days, and other innovative means 
        consistent with the Federal Acquisition Regulation; and
          (3) in consultation with the Under Secretary for 
        Science and Technology, identify technologies in 
        existence or in development that, with or without 
        adaptation, are expected to be suitable to meeting 
        mission needs.
  (f) Disclosure.--The Administrator shall include with the 
Plan a list of nongovernment persons that contributed to the 
writing of the Plan.
  (g) Update and Report.--Beginning 2 years after the date the 
Plan is submitted to Congress under subsection (a), and 
biennially thereafter, the Administrator shall submit to 
Congress--
          (1) an update of the Plan; and
          (2) a report on the extent to which each security-
        related technology acquired by the Administration since 
        the last issuance or update of the Plan is consistent 
        with the planned technology programs and projects 
        identified under subsection (d)(2) for that security-
        related technology.
          * * * * * * *

                 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) training exercises to enhance 
                preparedness for and response to mass casualty 
                and active shooter incidents and security 
                events at public locations, including airports 
                and mass transit systems;
                  (F) 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;
                  (G) establishing, enhancing, and staffing 
                with appropriately qualified personnel State, 
                local, and regional fusion centers that comply 
                with the guidelines established under section 
                210A(i);
                  (H) 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;
                  (I) any other activity permitted under the 
                Fiscal Year 2007 Program Guidance of the 
                Department for the Law Enforcement Terrorism 
                Prevention Program; and
                  (J) 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 State planning committee or urban area 
        working group to assist in preparation and revision of 
        the State, regional, or local homeland security plan or 
        the threat and hazard identification and risk 
        assessment, as the case may be, and to assist in 
        determining effective funding priorities for grants 
        under such sections.
          (2) Composition.--
                  (A) In general.--The State planning 
                committees and urban area working groups 
                referred to in paragraph (1) shall include at 
                least one representative from each of the 
                following significant stakeholders:
                          (i) Local or tribal government 
                        officials.
                          (ii) Emergency response providers, 
                        which shall include representatives of 
                        the fire service, law enforcement, 
                        emergency medical services, and 
                        emergency managers.
                          (iii) Public health officials and 
                        other appropriate medical 
                        practitioners.
                          (iv) Individuals representing 
                        educational institutions, including 
                        elementary schools, community colleges, 
                        and other institutions of higher 
                        education.
                          (v) State and regional interoperable 
                        communications coordinators, as 
                        appropriate.
                          (vi) State and major urban area 
                        fusion centers, as appropriate.
                  (B) Geographic representation.--The members 
                of the State planning committee or urban area 
                working group, as the case may be, 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 State planning 
        committee or urban area working group, as the case may 
        be, 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.
        
        
                            * * * * * * *

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