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[House Prints 110-C]
[From the U.S. Government Publishing Office]

   110th Congress                                     Committee
     2nd Session            COMMITTEE PRINT         Print 110-C
_______________________________________________________________________

                              COMPILATION

                                 of the

                           HOMELAND SECURITY
                                 ACT OF
                                  2002

                 (updated with amendments made through
                    p.l. 110-417 (october 14, 2008))

                               __________

                      prepared for the use of the

                     COMMITTEE ON HOMELAND SECURITY

                                 of the

                        HOUSE OF REPRESENTATIVES

                             SECOND SESSION

                               __________

                                     
                 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
                               __________

                   U.S. GOVERNMENT PRINTING OFFICE
45-834                       WASHINGTON : 2008

                     COMMITTEE ON HOMELAND SECURITY

               BENNIE G. THOMPSON, Mississippi, Chairman

LORETTA SANCHEZ, California,         PETER T. KING, New York
EDWARD J. MARKEY, Massachusetts      LAMAR SMITH, Texas
NORMAN D. DICKS, Washington          CHRISTOPHER SHAYS, Connecticut
JANE HARMAN, California              MARK E. SOUDER, Indiana
PETER A. DeFAZIO, Oregon             TOM DAVIS, Virginia
NITA M. LOWEY, New York              DANIEL E. LUNGREN, California
ELEANOR HOLMES NORTON, District of   MIKE ROGERS, Alabama
Columbia                             DAVID G. REICHERT, Washington
ZOE LOFGREN, California              MICHAEL T. McCAUL, Texas
SHEILA JACKSON-LEE, Texas            CHARLES W. DENT, Pennsylvania
DONNA M. CHRISTENSEN, U.S. Virgin    GINNY BROWN-WAITE, Florida
Islands                              GUS M. BILIRAKIS, Florida
BOB ETHERIDGE, North Carolina        DAVID DAVIS, Tennessee
JAMES R. LANGEVIN, Rhode Island      PAUL C. BROUN, Georgia
HENRY CUELLAR, Texas                 CANDICE S. MILLER, Michigan
CHRISTOPHER P. CARNEY, Pennsylvania
YVETTE D. CLARKE, New York
AL GREEN, Texas
ED PERLMUTTER, Colorado
BILL PASCRELL, Jr., Colorado

                    I. Lanier Avant, Staff Director
                     Rosaline Cohen, Chief Counsel
                     Michael Twinchek, Chief Clerk
                Robert O'Connor, Minority Staff Director

                                  (II)

                             P R E F A C E

This book is designed as a ready reference of the Homeland 
  Security Act of 2002 (Public Law 107-296), as amended through 
  Public Law 110-417. The information contained herein is current 
  as of December 2008.
This document was prepared by the Office of the Legislative 
  Counsel. The Committee is appreciative of their hard work and 
  dedication. The Committee would like to acknowledge the work of 
  the Staff of the Office of the Legislative Counsel including: 
  Craig Sterkx, Pam Griffiths, and Tom Meryweather.

                            C O N T E N T S

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

    Title I-Department of Homeland Security......................    10
    Title II-Information Analysis and Infrastructure Protection..    14
        Subtitle A-Information Analysis and Infrastructure 
          Protection; Access to Information......................    14
        Subtitle B-Critical Infrastructure Information...........    40
    Title III-Science and Technology In Support of Homeland 
      Security...................................................    53
    Title IV-Directorate of Border and Transportation Security...    74
        Subtitle A-Under Secretary for Border and Transportation 
          Security...............................................    74
        Subtitle B-United States Customs Service.................    75
        Subtitle C-Miscellaneous Provisions......................    78
        Subtitle D-Immigration Enforcement Functions.............    87
        Subtitle E-Citizenship and Immigration Services..........    90
        Subtitle F-General Immigration Provisions................   101
    Title V-National Emergency Management........................   108
    Title VI-Treatment of Charitable Trusts for members of the 
      Armed Forces of the United States and Other Governmental 
      Organizations..............................................   134
    Title VII-Management.........................................   137
    Title VIII-Coordination with Non-Federal Entities; Inspector 
      General; United States Secret Servicel Coast Guard; General 
      Provisions.................................................   145
        Subtitle A-Coordination with Non-Federal Entitites.......   145
        Subtitle B-Inspector General.............................   149
        Subtitle C-United States Secret Service..................   146
        Subtitle D-Acquisitions..................................   147
        Subtitle E-Human Resources Management....................   152
        Subtitle F-Federal Emergency Procurement Flexibility.....   158
        Subtitle G-Support Anti-terrorism by Fostering Effective 
          Technologies Act of 2002...............................   161
        Subtitle H-Miscellaneous Provisions......................   165
        Subtitle I-Information Sharing...........................   176
        Subtitle J-Secure Handling of Ammonium Nitrate...........   181
    Title IX-National Homeland Security Council..................   188
    Title X-Information Security.................................   189
    Title XI-Department of Justice Divisions.....................   189
        Subtitle A-Executive Office for Immigration Review.......  1189
        Subtitle B-Transfer of the Bureau of Alcohol, Tobacco and 
          Firearms to the Department of Justice..................   190
        Subtitle C-Explosives....................................   192
    Title XII-Airline War Risk Insurance Legislation.............   192
    Title XIII-Federal Workforce Improvement.....................   193
        Subtitle A-Chief Human Cap[ital Officers.................   193
        Subtitle B-Reforms Relating to Federal Human Capital 
          Management.............................................   194
        Subtitle C-Reforms Relating to the Senior Executive 
          Service................................................   195
        Subtitle D-Academic Training.............................   195
    Title XIV-Arming Pilots Against Terrorism....................   196
    Title XV-Transition..........................................   197
        Subtitle A-Reorganization Plan...........................   197
        Subtitle B-Transitional Provisions.......................   198
    Title XVII-Conformaing and Technical Amendments..............   201
    Title XVIII-Emergency Communications.........................   203
    Title XIX-Domestic Nuclear Detection Office..................   216
    Title XX-Homeland Security Grants............................   220
        Subtitle A-Grants to States and High-Risk Urban Areas....   223
        Subtitle B-Grants Administration.........................   235
                     HOMELAND SECURITY ACT OF 2002

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

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

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) [6 U.S.C. 101] Short Title.--This Act may be cited as 
the ``Homeland Security Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Construction; severability.
Sec. 4. Effective date.

                TITLE I--DEPARTMENT OF HOMELAND SECURITY

Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

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

Sec. 201. Information and Analysis and Infrastructure Protection.
Sec. 202. Access to information.
Sec. 203. Homeland Security Advisory System.
Sec. 204. Homeland security information sharing.
Sec. 205. Comprehensive information technology network architecture.
Sec. 206. Coordination with information sharing environment.
Sec. 207. Intelligence components.
Sec. 208. Training for employees of intelligence components.
Sec. 209. Intelligence training development for State and local 
          government officials.
Sec. 210. Information sharing incentives.
Sec. 210A. Department of Homeland Security State, Local, and Regional 
          Information Fusion Center Initiative.
Sec. 210B. Homeland Security Information Sharing Fellows Program.
Sec. 210C. Rural Policing Institute.
Sec. 210D. Interagency Threat Assessment and Coordination Group.
Sec. 210E. National Asset Database.

             Subtitle B--Critical Infrastructure Information

Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Designation of critical infrastructure protection program.
Sec. 214. Protection of voluntarily shared critical infrastructure 
          information.
Sec. 215. No private right of action.

                    Subtitle C--Information Security

Sec. 221. Procedures for sharing information.
Sec. 222. Privacy Officer.
Sec. 223. Enhancement of non-Federal cybersecurity.
Sec. 224. Net guard.
Sec. 225. Cyber Security Enhancement Act of 2002.

              Subtitle D--Office of Science and Technology

Sec. 231. Establishment of office; Director.
Sec. 232. Mission of office; duties.
Sec. 233. Definition of law enforcement technology.
Sec. 234. Abolishment of Office of Science and Technology of National 
          Institute of Justice; transfer of functions.
Sec. 235. National Law Enforcement and Corrections Technology Centers.
Sec. 236. Coordination with other entities within Department of Justice.
Sec. 237. Amendments relating to National Institute of Justice.

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

Sec. 301. Under Secretary for Science and Technology.
Sec. 302. Responsibilities and authorities of the Under Secretary for 
          Science and Technology.
Sec. 303. Functions transferred.
Sec. 304. Conduct of certain public health-related activities.
Sec. 305. Federally funded research and development centers.
Sec. 306. Miscellaneous provisions.
Sec. 307. Homeland Security Advanced Research Projects Agency.
Sec. 308. Conduct of research, development, demonstration, testing and 
          evaluation.
Sec. 309. Utilization of Department of Energy national laboratories and 
          sites in support of homeland security activities.
Sec. 310. Transfer of Plum Island Animal Disease Center, Department of 
          Agriculture.
Sec. 311. Homeland Security Science and Technology Advisory Committee.
Sec. 312. Homeland Security Institute.
Sec. 313. Technology clearinghouse to encourage and support innovative 
          solutions to enhance homeland security.
Sec. 314. Office for Interoperability and Compatibility.
Sec. 315. Emergency communications interoperability research and 
          development.
Sec. 316. National Biosurveillance Integration Center.
Sec. 317. Promoting antiterrorism through international cooperation 
          program.

       TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

   Subtitle A--Under Secretary for Border and Transportation Security

Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Responsibilities.
Sec. 403. Functions transferred.

                Subtitle B--United States Customs Service

Sec. 411. Establishment; Commissioner of Customs.
Sec. 412. Retention of customs revenue functions by Secretary of the 
          Treasury.
Sec. 413. Preservation of customs funds.
Sec. 414. Separate budget request for customs.
Sec. 415. Definition.
Sec. 416. GAO report to Congress.
Sec. 417. Allocation of resources by the Secretary.
Sec. 418. Reports to Congress.
Sec. 419. Customs user fees.

                  Subtitle C--Miscellaneous Provisions

Sec. 421. Transfer of certain agricultural inspection functions of the 
          Department of Agriculture.
Sec. 422. Functions of Administrator of General Services.
Sec. 423. Functions of Transportation Security Administration.
Sec. 424. Preservation of Transportation Security Administration as a 
          distinct entity.
Sec. 425. Explosive detection systems.
Sec. 426. Transportation security.
Sec. 427. Coordination of information and information technology.
Sec. 428. Visa issuance.
Sec. 429. Information on visa denials required to be entered into 
          electronic data system.
Sec. 430. Office for Domestic Preparedness.
Sec. 431. Office of Cargo Security Policy.

              Subtitle D--Immigration Enforcement Functions

Sec. 441. Transfer of functions to Under Secretary for Border and 
          Transportation Security.
Sec. 442. Establishment of Bureau of Border Security.
Sec. 443. Professional responsibility and quality review.
Sec. 444. Employee discipline.
Sec. 445. Report on improving enforcement functions.
Sec. 446. Sense of Congress regarding construction of fencing near San 
          Diego, California.

            Subtitle E--Citizenship and Immigration Services

Sec. 451. Establishment of Bureau of Citizenship and Immigration 
          Services.
Sec. 452. Citizenship and Immigration Services Ombudsman.
Sec. 453. Professional responsibility and quality review.
Sec. 454. Employee discipline.
Sec. 455. Effective date.
Sec. 456. Transition.
Sec. 457. Funding for citizenship and immigration services.
Sec. 458. Backlog elimination.
Sec. 459. Report on improving immigration services.
Sec. 460. Report on responding to fluctuating needs.
Sec. 461. Application of Internet-based technologies.
Sec. 462. Children's affairs.

               Subtitle F--General Immigration Provisions

Sec. 471. Abolishment of INS.
Sec. 472. Voluntary separation incentive payments.
Sec. 473. Authority to conduct a demonstration project relating to 
          disciplinary action.
Sec. 474. Sense of Congress.
Sec. 475. Director of Shared Services.
Sec. 476. Separation of funding.
Sec. 477. Reports and implementation plans.
Sec. 478. Immigration functions.

                 TITLE V--NATIONAL EMERGENCY MANAGEMENT

Sec. 501. Definitions.
Sec. 502. Definition.
Sec. 503. Federal Emergency Management Agency.
Sec. 504. Authorities and responsibilities.
Sec. 505. Functions transferred.
Sec. 506. Preserving the Federal Emergency Management Agency.
Sec. 507. Regional Offices.
Sec. 508. National Advisory Council.
Sec. 509. National Integration Center.
Sec. 510. Credentialing and typing.
Sec. 511. The National Infrastructure Simulation and Analysis Center.
Sec. 512. Evacuation plans and exercises.
Sec. 513. Disability Coordinator.
Sec. 514. Department and Agency officials.
Sec. 515. National Operations Center.
Sec. 516. Chief Medical Officer.
Sec. 517. Nuclear incident response.
Sec. 518. Conduct of certain public health-related activities.
Sec. 519. Use of national private sector networks in emergency response.
Sec. 520. Use of commercially available technology, goods, and services.
Sec. 521. Procurement of security countermeasures for strategic national 
          stockpile.
Sec. 522. Model standards and guidelines for critical infrastructure 
          workers.
Sec. 523. Guidance and recommendations. \1\
Sec. 524. Voluntary private sector preparedness accreditation and 
          certification program. \1\
    
---------------------------------------------------------------------------
    \1\ The placement of items relating to sections 523 and 524 in the 
table of contents in section 1(b) were added at the end of the items in 
title V in order to reflect the probable intent of Congress. See 
amendment made by section 901(e) of Public Law 110-53.
---------------------------------------------------------------------------

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

Sec. 601. Treatment of charitable trusts for members of the Armed Forces 
          of the United States and other governmental organizations.

                          TITLE VII--MANAGEMENT

Sec. 701. Under Secretary for Management.
Sec. 702. Chief Financial Officer.
Sec. 703. Chief Information Officer.
Sec. 704. Chief Human Capital Officer.
Sec. 705. Establishment of Officer for Civil Rights and Civil Liberties.
Sec. 706. Consolidation and co-location of offices.
Sec. 707. Quadrennial Homeland Security Review.

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

           Subtitle A--Coordination with Non-Federal Entities

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

                      Subtitle B--Inspector General

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

                Subtitle C--United States Secret Service

Sec. 821. Functions transferred.

                        Subtitle D--Acquisitions

Sec. 831. Research and development projects.
Sec. 832. Personal services.
Sec. 833. Special streamlined acquisition authority.
Sec. 834. Unsolicited proposals.
Sec. 835. Prohibition on contracts with corporate expatriates.

                 Subtitle E--Human Resources Management

Sec. 841. Establishment of Human Resources Management System.
Sec. 842. Labor-management relations.
Sec. 843. Use of counternarcotics enforcement activities in certain 
          employee performance appraisals.
Sec. 844. Homeland Security Rotation Program.
Sec. 845. Homeland Security Education Program.

          Subtitle F--Federal Emergency Procurement Flexibility

Sec. 851. Definition.
Sec. 852. Procurements for defense against or recovery from terrorism or 
          nuclear, biological, chemical, or radiological attack.
Sec. 853. Increased simplified acquisition threshold for procurements in 
          support of humanitarian or peacekeeping operations or 
          contingency operations.
Sec. 854. Increased micro-purchase threshold for certain procurements.
Sec. 855. Application of certain commercial items authorities to certain 
          procurements.
Sec. 856. Use of streamlined procedures.
Sec. 857. Review and report by Comptroller General.
Sec. 858. Identification of new entrants into the Federal marketplace.

 Subtitle G--Support Anti-terrorism by Fostering Effective Technologies 
                               Act of 2002

Sec. 861. Short title.
Sec. 862. Administration.
Sec. 863. Litigation management.
Sec. 864. Risk management.
Sec. 865. Definitions.

                  Subtitle H--Miscellaneous Provisions

Sec. 871. Advisory committees.
Sec. 872. Reorganization.
Sec. 873. Use of appropriated funds.
Sec. 874. Future Year Homeland Security Program.
Sec. 875. Miscellaneous authorities.
Sec. 876. Military activities.
Sec. 877. Regulatory authority and preemption.
Sec. 878. Counternarcotics officer.
Sec. 879. Office of International Affairs.
Sec. 880. Prohibition of the Terrorism Information and Prevention 
          System.
Sec. 881. Review of pay and benefit plans.
Sec. 882. Office for National Capital Region Coordination.
Sec. 883. Requirement to comply with laws protecting equal employment 
          opportunity and providing whistleblower protections.
Sec. 884. Federal Law Enforcement Training Center.
Sec. 885. Joint Interagency Task Force.
Sec. 886. Sense of Congress reaffirming the continued importance and 
          applicability of the Posse Comitatus Act.
Sec. 887. Coordination with the Department of Health and Human Services 
          under the Public Health Service Act.
Sec. 888. Preserving Coast Guard mission performance.
Sec. 889. Homeland security funding analysis in President's budget.
Sec. 890. Air Transportation Safety and System Stabilization Act.

                     Subtitle I--Information Sharing

Sec. 891. Short title; findings; and sense of Congress.
Sec. 892. Facilitating homeland security information sharing procedures.
Sec. 893. Report.
Sec. 894. Authorization of appropriations.
Sec. 895. Authority to share grand jury information.
Sec. 896. Authority to share electronic, wire, and oral interception 
          information.
Sec. 897. Foreign intelligence information.
Sec. 898. Information acquired from an electronic surveillance.
Sec. 899. Information acquired from a physical search.

             Subtitle J--Secure Handling of Ammonium Nitrate

Sec. 899A. Definitions.
Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
Sec. 899C. Inspection and auditing of records.
Sec. 899D. Administrative provisions.
Sec. 899E. Theft reporting requirement.
Sec. 899F. Prohibitions and penalty.
Sec. 899G. Protection from civil liability.
Sec. 899H. Preemption of other laws.
Sec. 899I. Deadlines for regulations.
Sec. 899J. Authorization of appropriations.

              TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL

Sec. 901. National Homeland Security Council.
Sec. 902. Function.
Sec. 903. Membership.
Sec. 904. Other functions and activities.
Sec. 905. Staff composition.
Sec. 906. Relation to the National Security Council.

                      TITLE X--INFORMATION SECURITY

Sec. 1001. Information security.
Sec. 1002. Management of information technology.
Sec. 1003. National Institute of Standards and Technology.
Sec. 1004. Information Security and Privacy Advisory Board.
Sec. 1005. Technical and conforming amendments.
Sec. 1006. Construction.

                TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS

           Subtitle A--Executive Office for Immigration Review

Sec. 1101. Legal status of EOIR.
Sec. 1102. Authorities of the Attorney General.
Sec. 1103. Statutory construction.

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

Sec. 1111. Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sec. 1112. Technical and conforming amendments.
Sec. 1113. Powers of agents of the Bureau of Alcohol, Tobacco, Firearms, 
          and Explosives.
Sec. 1114. Explosives training and research facility.
Sec. 1115. Personnel management demonstration project.

                         Subtitle C--Explosives

Sec. 1121. Short title.
Sec. 1122. Permits for purchasers of explosives.
Sec. 1123. Persons prohibited from receiving or possessing explosive 
          materials.
Sec. 1124. Requirement to provide samples of explosive materials and 
          ammonium nitrate.
Sec. 1125. Destruction of property of institutions receiving Federal 
          financial assistance.
Sec. 1126. Relief from disabilities.
Sec. 1127. Theft reporting requirement.
Sec. 1128. Authorization of appropriations.

            TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION

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

                TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT

                Subtitle A--Chief Human Capital Officers

Sec. 1301. Short title.
Sec. 1302. Agency Chief Human Capital Officers.
Sec. 1303. Chief Human Capital Officers Council.
Sec. 1304. Strategic human capital management.
Sec. 1305. Effective date.

    Subtitle B--Reforms Relating to Federal Human Capital Management

Sec. 1311. Inclusion of agency human capital strategic planning in 
          performance plans and programs performance reports.
Sec. 1312. Reform of the competitive service hiring process.
Sec. 1313. Permanent extension, revision, and expansion of authorities 
          for use of voluntary separation incentive pay and voluntary 
          early retirement.
Sec. 1314. Student volunteer transit subsidy.

      Subtitle C--Reforms Relating to the Senior Executive Service

Sec. 1321. Repeal of recertification requirements of senior executives.
Sec. 1322. Adjustment of limitation on total annual compensation.

                      Subtitle D--Academic Training

Sec. 1331. Academic training.
Sec. 1332. Modifications to National Security Education Program.

               TITLE XIV--ARMING PILOTS AGAINST TERRORISM

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

                          TITLE XV--TRANSITION

                     Subtitle A--Reorganization Plan

Sec. 1501. Definitions.
Sec. 1502. Reorganization plan.
Sec. 1503. Review of congressional committee structures.

                   Subtitle B--Transitional Provisions

Sec. 1511. Transitional authorities.
Sec. 1512. Savings provisions.
Sec. 1513. Terminations.
Sec. 1514. National identification system not authorized.
Sec. 1515. Continuity of Inspector General oversight.
Sec. 1516. Incidental transfers.
Sec. 1517. Reference.

       TITLE XVI--CORRECTIONS TO EXISTING LAW RELATING TO AIRLINE 
                         TRANSPORTATION SECURITY

Sec. 1601. Retention of security sensitive information authority at 
          Department of Transportation.
Sec. 1602. Increase in civil penalties.
Sec. 1603. Allowing United States citizens and United States nationals 
          as screeners.

             TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS

Sec. 1701. Inspector General Act of 1978.
Sec. 1702. Executive Schedule.
Sec. 1703. United States Secret Service.
Sec. 1704. Coast Guard.
Sec. 1705. Strategic national stockpile and smallpox vaccine 
          development.
Sec. 1706. Transfer of certain security and law enforcement functions 
          and authorities.
Sec. 1707. Transportation security regulations.
Sec. 1708. National Bio-Weapons Defense Analysis Center.
Sec. 1709. Collaboration with the Secretary of Homeland Security.
Sec. 1710. Railroad safety to include railroad security.
Sec. 1711. Hazmat safety to include hazmat security.
Sec. 1712. Office of Science and Technology Policy.
Sec. 1713. National Oceanographic Partnership Program.
Sec. 1714. Clarification of definition of manufacturer.
Sec. 1715. Clarification of definition of vaccine-related injury or 
          death.
Sec. 1716. Clarification of definition of vaccine.
Sec. 1717. Effective date.

                  TITLE XVIII--EMERGENCY COMMUNICATIONS

Sec. 1801. Office for Emergency Communications.
Sec. 1802. National Emergency Communications Plan.
Sec. 1803. Assessments and reports.
Sec. 1804. Coordination of Federal emergency communications grant 
          programs.
Sec. 1805. Regional emergency communications coordination.
Sec. 1806. Emergency Communications Preparedness Center.
Sec. 1807. Urban and other high risk area communications capabilities.
Sec. 1808. Definition.
Sec. 1809. Interoperable Emergency Communications Grant Program.
Sec. 1810. Border interoperability demonstration project.

              TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

Sec. 1901. Domestic Nuclear Detection Office.
Sec. 1902. Mission of Office.
Sec. 1903. Hiring authority.
Sec. 1904. Testing authority.
Sec. 1905. Relationship to other Department entities and Federal 
          agencies.
Sec. 1906. Contracting and grant making authorities.
Sec. 1907. Joint annual interagency review of global nuclear detection 
          architecture.

                   TITLE XX--HOMELAND SECURITY GRANTS

Sec. 2001. Definitions.

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

Sec. 2002. Homeland Security Grant Programs.
Sec. 2003. Urban Area Security Initiative.
Sec. 2004. State Homeland Security Grant Program.
Sec. 2005. Grants to directly eligible tribes.
Sec. 2006. Terrorism prevention.
Sec. 2007. Prioritization.
Sec. 2008. Use of funds.

                    Subtitle B--Grants Administration

Sec. 2021. Administration and coordination.
Sec. 2022. Accountability.

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

    In this Act, the following definitions apply:
            (1) Each of the terms ``American homeland'' and 
        ``homeland'' means the United States.
            (2) The term ``appropriate congressional 
        committee'' means any committee of the House of 
        Representatives or the Senate having legislative or 
        oversight jurisdiction under the Rules of the House of 
        Representatives or the Senate, respectively, over the 
        matter concerned.
            (3) The term ``assets'' includes contracts, 
        facilities, property, records, unobligated or 
        unexpended balances of appropriations, and other funds 
        or resources (other than personnel).
            (4) The term ``critical infrastructure'' has the 
        meaning given that term in section 1016(e) of Public 
        Law 107-56 (42 U.S.C. 5195c(e)).
            (5) The term ``Department'' means the Department of 
        Homeland Security.
            (6) The term ``emergency response providers'' 
        includes Federal, State, and local governmental and 
        nongovernmental emergency public safety, fire, law 
        enforcement, emergency response, emergency medical 
        (including hospital emergency facilities), and related 
        personnel, agencies, and authorities.
            (7) The term ``executive agency'' means an 
        executive agency and a military department, as defined, 
        respectively, in sections 105 and 102 of title 5, 
        United States Code.
            (8) The term ``functions'' includes authorities, 
        powers, rights, privileges, immunities, programs, 
        projects, activities, duties, and responsibilities.
            (9) The term ``intelligence component of the 
        Department'' means any element or entity of the 
        Department that collects, gathers, processes, analyzes, 
        produces, or disseminates intelligence information 
        within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, or national intelligence, as defined under 
        section 3(5) of the National Security Act of 1947 (50 
        U.S.C. 401a(5)), except--
                    (A) the United States Secret Service; and
                    (B) the Coast Guard, when operating under 
                the direct authority of the Secretary of 
                Defense or Secretary of the Navy pursuant to 
                section 3 of title 14, United States Code, 
                except that nothing in this paragraph shall 
                affect or diminish the authority and 
                responsibilities of the Commandant of the Coast 
                Guard to command or control the Coast Guard as 
                an armed force or the authority of the Director 
                of National Intelligence with respect to the 
                Coast Guard as an element of the intelligence 
                community (as defined under section 3(4) of the 
                National Security Act of 1947 (50 U.S.C. 
                401a(4)).
            (10) The term ``key resources'' means publicly or 
        privately controlled resources essential to the minimal 
        operations of the economy and government.
            (11) The term ``local government'' means--
                    (A) a county, municipality, city, town, 
                township, local public authority, school 
                district, special district, intrastate 
                district, council of governments (regardless of 
                whether the council of governments is 
                incorporated as a nonprofit corporation under 
                State law), regional or interstate government 
                entity, or agency or instrumentality of a local 
                government;
                    (B) an Indian tribe or authorized tribal 
                organization, or in Alaska a Native village or 
                Alaska Regional Native Corporation; and
                    (C) a rural community, unincorporated town 
                or village, or other public entity.
            (12) The term ``major disaster'' has the meaning 
        given in section 102(2) of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5122).
            (13) The term ``personnel'' means officers and 
        employees.
            (14) The term ``Secretary'' means the Secretary of 
        Homeland Security.
            (15) The term ``State'' means any State of the 
        United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and any possession of the United 
        States.
            (16) The term ``terrorism'' means any activity 
        that--
                    (A) involves an act that--
                            (i) is dangerous to human life or 
                        potentially destructive of critical 
                        infrastructure or key resources; and
                            (ii) is a violation of the criminal 
                        laws of the United States or of any 
                        State or other subdivision of the 
                        United States; and
                    (B) appears to be intended--
                            (i) to intimidate or coerce a 
                        civilian population;
                            (ii) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                            (iii) to affect the conduct of a 
                        government by mass destruction, 
                        assassination, or kidnapping.
            (17)(A) The term ``United States'', when used in a 
        geographic sense, means any State of the United States, 
        the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, any 
        possession of the United States, and any waters within 
        the jurisdiction of the United States.
            (B) Nothing in this paragraph or any other 
        provision of this Act shall be construed to modify the 
        definition of ``United States'' for the purposes of the 
        Immigration and Nationality Act or any other 
        immigration or nationality law.
            (18) The term ``voluntary preparedness standards'' 
        means a common set of criteria for preparedness, 
        disaster management, emergency management, and business 
        continuity programs, such as the American National 
        Standards Institute's National Fire Protection 
        Association Standard on Disaster/Emergency Management 
        and Business Continuity Programs (ANSI/NFPA 1600).

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

    Any provision of this Act held to be invalid or 
unenforceable by its terms, or as applied to any person or 
circumstance, shall be construed so as to give it the maximum 
effect permitted by law, unless such holding shall be one of 
utter invalidity or unenforceability, in which event such 
provision shall be deemed severable from this Act and shall not 
affect the remainder thereof, or the application of such 
provision to other persons not similarly situated or to other, 
dissimilar circumstances.

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

    This Act shall take effect 60 days after the date of 
enactment.

                TITLE I--DEPARTMENT OF HOMELAND SECURITY

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

    (a) Establishment.--There is established a Department of 
Homeland Security, as an executive department of the United 
States within the meaning of title 5, United States Code.
    (b) Mission.--
            (1) In general.--The primary mission of the 
        Department is to--
                    (A) prevent terrorist attacks within the 
                United States;
                    (B) reduce the vulnerability of the United 
                States to terrorism;
                    (C) minimize the damage, and assist in the 
                recovery, from terrorist attacks that do occur 
                within the United States;
                    (D) carry out all functions of entities 
                transferred to the Department, including by 
                acting as a focal point regarding natural and 
                manmade crises and emergency planning;
                    (E) ensure that the functions of the 
                agencies and subdivisions within the Department 
                that are not related directly to securing the 
                homeland are not diminished or neglected except 
                by a specific explicit Act of Congress;
                    (F) ensure that the overall economic 
                security of the United States is not diminished 
                by efforts, activities, and programs aimed at 
                securing the homeland;
                    (G) ensure that the civil rights and civil 
                liberties of persons are not diminished by 
                efforts, activities, and programs aimed at 
                securing the homeland; and
                    (H) monitor connections between illegal 
                drug trafficking and terrorism, coordinate 
                efforts to sever such connections, and 
                otherwise contribute to efforts to interdict 
                illegal drug trafficking.
            (2) Responsibility for investigating and 
        prosecuting terrorism.--Except as specifically provided 
        by law with respect to entities transferred to the 
        Department under this Act, primary responsibility for 
        investigating and prosecuting acts of terrorism shall 
        be vested not in the Department, but rather in Federal, 
        State, and local law enforcement agencies with 
        jurisdiction over the acts in question.

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

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

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

    (a) Deputy Secretary; Under Secretaries.--There are the 
following officers, appointed by the President, by and with the 
advice and consent of the Senate:
            (1) A Deputy Secretary of Homeland Security, who 
        shall be the Secretary's first assistant for purposes 
        of subchapter III of chapter 33 of title 5, United 
        States Code.
            (2) An Under Secretary for Science and Technology.
            (3) An Under Secretary for Border and 
        Transportation Security.
            (4) An Administrator of the Federal Emergency 
        Management Agency.
            (5) A Director of the Bureau of Citizenship and 
        Immigration Services.
            (6) An Under Secretary for Management.
            (7) A Director of the Office of Counternarcotics 
        Enforcement.
            (8) An Under Secretary responsible for overseeing 
        critical infrastructure protection, cybersecurity, and 
        other related programs of the Department.
            (9) Not more than 12 Assistant Secretaries.
            (10) A General Counsel, who shall be the chief 
        legal officer of the Department.
    (b) Inspector General.--There shall be in the Department an 
Office of Inspector General and an Inspector General at the 
head of such office, as provided in the Inspector General Act 
of 1978 (5 U.S.C. App.).
    (c) Commandant of the Coast Guard.--To assist the Secretary 
in the performance of the Secretary's functions, there is a 
Commandant of the Coast Guard, who shall be appointed as 
provided in section 44 of title 14, United States Code, and who 
shall report directly to the Secretary. In addition to such 
duties as may be provided in this Act and as assigned to the 
Commandant by the Secretary, the duties of the Commandant shall 
include those required by section 2 of title 14, United States 
Code.
    (d) Other Officers.--To assist the Secretary in the 
performance of the Secretary's functions, there are the 
following officers, appointed by the President:
            (1) A Director of the Secret Service.
            (2) A Chief Information Officer.
            (3) An Officer for Civil Rights and Civil 
        Liberties.
            (4) A Director for Domestic Nuclear Detection.
    (f) Performance of Specific Functions.--Subject to the 
provisions of this Act, every officer of the Department shall 
perform the functions specified by law for the official's 
office or prescribed by the Secretary.
    (e) Chief Financial Officer.--There shall be in the 
Department a Chief Financial Officer, as provided in chapter 9 
of title 31, United States Code.

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

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

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

    (a) Intelligence and Analysis and Infrastructure 
Protection.--There shall be in the Department an Office of 
Intelligence and Analysis and an Office of Infrastructure 
Protection.
    (b) Under Secretary for Intelligence and Analysis and 
Assistant Secretary for Infrastructure Protection.--
            (1) Office of intelligence and analysis.--The 
        Office of Intelligence and Analysis shall be headed by 
        an Under Secretary for Intelligence and Analysis, who 
        shall be appointed by the President, by and with the 
        advice and consent of the Senate.
            (2) Chief intelligence officer.--The Under 
        Secretary for Intelligence and Analysis shall serve as 
        the Chief Intelligence Officer of the Department.
            (3) Office of infrastructure protection.--The 
        Office of Infrastructure Protection shall be headed by 
        an Assistant Secretary for Infrastructure Protection, 
        who shall be appointed by the President.
    (c) Discharge of Responsibilities.--The Secretary shall 
ensure that the responsibilities of the Department relating to 
information analysis and infrastructure protection, including 
those described in subsection (d), are carried out through the 
Under Secretary for Intelligence and Analysis or the Assistant 
Secretary for Infrastructure Protection, as appropriate.
    (d) Responsibilities of Secretary Relating To Intelligence 
and Analysis and Infrastructure Protection.--The 
responsibilities of the Secretary relating to intelligence and 
analysis and infrastructure protection shall be as follows:
            (1) To access, receive, and analyze law enforcement 
        information, intelligence information, and other 
        information from agencies of the Federal Government, 
        State and local government agencies (including law 
        enforcement agencies), and private sector entities, and 
        to integrate such information, in support of the 
        mission responsibilities of the Department and the 
        functions of the National Counterterrorism Center 
        established under section 119 of the National Security 
        Act of 1947 (50 U.S.C. 404o), in order to--
                    (A) identify and assess the nature and 
                scope of terrorist threats to the homeland;
                    (B) detect and identify threats of 
                terrorism against the United States; and
                    (C) understand such threats in light of 
                actual and potential vulnerabilities of the 
                homeland.
            (2) To carry out comprehensive assessments of the 
        vulnerabilities of the key resources and critical 
        infrastructure of the United States, including the 
        performance of risk assessments to determine the risks 
        posed by particular types of terrorist attacks within 
        the United States (including an assessment of the 
        probability of success of such attacks and the 
        feasibility and potential efficacy of various 
        countermeasures to such attacks).
            (3) To integrate relevant information, analyses, 
        and vulnerability assessments (whether such 
        information, analyses, or assessments are provided or 
        produced by the Department or others) in order to 
        identify priorities for protective and support measures 
        by the Department, other agencies of the Federal 
        Government, State and local government agencies and 
        authorities, the private sector, and other entities.
            (4) To ensure, pursuant to section 202, the timely 
        and efficient access by the Department to all 
        information necessary to discharge the responsibilities 
        under this section, including obtaining such 
        information from other agencies of the Federal 
        Government.
            (5) To develop a comprehensive national plan for 
        securing the key resources and critical infrastructure 
        of the United States, including power production, 
        generation, and distribution systems, information 
        technology and telecommunications systems (including 
        satellites), electronic financial and property record 
        storage and transmission systems, emergency 
        preparedness communications systems, and the physical 
        and technological assets that support such systems.
            (6) To recommend measures necessary to protect the 
        key resources and critical infrastructure of the United 
        States in coordination with other agencies of the 
        Federal Government and in cooperation with State and 
        local government agencies and authorities, the private 
        sector, and other entities.
            (7) To review, analyze, and make recommendations 
        for improvements to the policies and procedures 
        governing the sharing of information within the scope 
        of the information sharing environment established 
        under section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485), 
        including homeland security information, terrorism 
        information, and weapons of mass destruction 
        information, and any policies, guidelines, procedures, 
        instructions, or standards established under that 
        section.
            (8) To disseminate, as appropriate, information 
        analyzed by the Department within the Department, to 
        other agencies of the Federal Government with 
        responsibilities relating to homeland security, and to 
        agencies of State and local governments and private 
        sector entities with such responsibilities in order to 
        assist in the deterrence, prevention, preemption of, or 
        response to, terrorist attacks against the United 
        States.
            (9) To consult with the Director of National 
        Intelligence and other appropriate intelligence, law 
        enforcement, or other elements of the Federal 
        Government to establish collection priorities and 
        strategies for information, including law enforcement-
        related information, relating to threats of terrorism 
        against the United States through such means as the 
        representation of the Department in discussions 
        regarding requirements and priorities in the collection 
        of such information.
            (10) To consult with State and local governments 
        and private sector entities to ensure appropriate 
        exchanges of information, including law enforcement-
        related information, relating to threats of terrorism 
        against the United States.
            (11) To ensure that--
                    (A) any material received pursuant to this 
                Act is protected from unauthorized disclosure 
                and handled and used only for the performance 
                of official duties; and
                    (B) any intelligence information under this 
                Act is shared, retained, and disseminated 
                consistent with the authority of the Director 
                of National Intelligence to protect 
                intelligence sources and methods under the 
                National Security Act of 1947 (50 U.S.C. 401 et 
                seq.) and related procedures and, as 
                appropriate, similar authorities of the 
                Attorney General concerning sensitive law 
                enforcement information.
            (12) To request additional information from other 
        agencies of the Federal Government, State and local 
        government agencies, and the private sector relating to 
        threats of terrorism in the United States, or relating 
        to other areas of responsibility assigned by the 
        Secretary, including the entry into cooperative 
        agreements through the Secretary to obtain such 
        information.
            (13) To establish and utilize, in conjunction with 
        the chief information officer of the Department, a 
        secure communications and information technology 
        infrastructure, including data-mining and other 
        advanced analytical tools, in order to access, receive, 
        and analyze data and information in furtherance of the 
        responsibilities under this section, and to disseminate 
        information acquired and analyzed by the Department, as 
        appropriate.
            (14) To ensure, in conjunction with the chief 
        information officer of the Department, that any 
        information databases and analytical tools developed or 
        utilized by the Department--
                    (A) are compatible with one another and 
                with relevant information databases of other 
                agencies of the Federal Government; and
                    (B) treat information in such databases in 
                a manner that complies with applicable Federal 
                law on privacy.
            (15) To coordinate training and other support to 
        the elements and personnel of the Department, other 
        agencies of the Federal Government, and State and local 
        governments that provide information to the Department, 
        or are consumers of information provided by the 
        Department, in order to facilitate the identification 
        and sharing of information revealed in their ordinary 
        duties and the optimal utilization of information 
        received from the Department.
            (16) To coordinate with elements of the 
        intelligence community and with Federal, State, and 
        local law enforcement agencies, and the private sector, 
        as appropriate.
            (17) To provide intelligence and information 
        analysis and support to other elements of the 
        Department.
            (18) To coordinate and enhance integration among 
        the intelligence components of the Department, 
        including through strategic oversight of the 
        intelligence activities of such components.
            (19) To establish the intelligence collection, 
        processing, analysis, and dissemination priorities, 
        policies, processes, standards, guidelines, and 
        procedures for the intelligence components of the 
        Department, consistent with any directions from the 
        President and, as applicable, the Director of National 
        Intelligence.
            (20) To establish a structure and process to 
        support the missions and goals of the intelligence 
        components of the Department.
            (21) To ensure that, whenever possible, the 
        Department--
                    (A) produces and disseminates unclassified 
                reports and analytic products based on open-
                source information; and
                    (B) produces and disseminates such reports 
                and analytic products contemporaneously with 
                reports or analytic products concerning the 
                same or similar information that the Department 
                produced and disseminated in a classified 
                format.
            (22) To establish within the Office of Intelligence 
        and Analysis an internal continuity of operations plan.
            (23) Based on intelligence priorities set by the 
        President, and guidance from the Secretary and, as 
        appropriate, the Director of National Intelligence--
                    (A) to provide to the heads of each 
                intelligence component of the Department 
                guidance for developing the budget pertaining 
                to the activities of such component; and
                    (B) to present to the Secretary a 
                recommendation for a consolidated budget for 
                the intelligence components of the Department, 
                together with any comments from the heads of 
                such components.
            (24) To perform such other duties relating to such 
        responsibilities as the Secretary may provide.
            (25) To prepare and submit to the Committee on 
        Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security in the 
        House of Representatives, and to other appropriate 
        congressional committees having jurisdiction over the 
        critical infrastructure or key resources, for each 
        sector identified in the National Infrastructure 
        Protection Plan, a report on the comprehensive 
        assessments carried out by the Secretary of the 
        critical infrastructure and key resources of the United 
        States, evaluating threat, vulnerability, and 
        consequence, as required under this subsection. Each 
        such report--
                    (A) shall contain, if applicable, actions 
                or countermeasures recommended or taken by the 
                Secretary or the head of another Federal agency 
                to address issues identified in the 
                assessments;
                    (B) shall be required for fiscal year 2007 
                and each subsequent fiscal year and shall be 
                submitted not later than 35 days after the last 
                day of the fiscal year covered by the report; 
                and
                    (C) may be classified.
    (e) Staff.--
            (1) In general.--The Secretary shall provide the 
        Office of Intelligence and Analysis and the Office of 
        Infrastructure Protection with a staff of analysts 
        having appropriate expertise and experience to assist 
        such offices in discharging responsibilities under this 
        section.
            (2) Private sector analysts.--Analysts under this 
        subsection may include analysts from the private 
        sector.
            (3) Security clearances.--Analysts under this 
        subsection shall possess security clearances 
        appropriate for their work under this section.
    (f) Detail of Personnel.--
            (1) In general.--In order to assist the Office of 
        Intelligence and Analysis and the Office of 
        Infrastructure Protection in discharging 
        responsibilities under this section, personnel of the 
        agencies referred to in paragraph (2) may be detailed 
        to the Department for the performance of analytic 
        functions and related duties.
            (2) Covered agencies.--The agencies referred to in 
        this paragraph are as follows:
                    (A) The Department of State.
                    (B) The Central Intelligence Agency.
                    (C) The Federal Bureau of Investigation.
                    (D) The National Security Agency.
                    (E) The National Imagery and Mapping Agency 
                \1\.
---------------------------------------------------------------------------
    \1\ The reference to ``National Imagery and Mapping Agency'' in 
subsection (f)(2)(E) probably should be to ``National Geospatial-
Intelligence Agency''. Section 931(b)(5) of Public Law 110-417 amends 
section 201(e)(2) by striking ``National Imagery and Mapping Agency'' 
and inserting ``National Geospatial-Intelligence Agency''. The 
amendment was not executed.
---------------------------------------------------------------------------
                    (F) The Defense Intelligence Agency.
                    (G) Any other agency of the Federal 
                Government that the President considers 
                appropriate.
            (3) Cooperative agreements.--The Secretary and the 
        head of the agency concerned may enter into cooperative 
        agreements for the purpose of detailing personnel under 
        this subsection.
            (4) Basis.--The detail of personnel under this 
        subsection may be on a reimbursable or non-reimbursable 
        basis.
    (g) Functions Transferred.--In accordance with title XV, 
there shall be transferred to the Secretary, for assignment to 
the Office of Intelligence and Analysis and the Office of 
Infrastructure Protection under this section, the functions, 
personnel, assets, and liabilities of the following:
            (1) The National Infrastructure Protection Center 
        of the Federal Bureau of Investigation (other than the 
        Computer Investigations and Operations Section), 
        including the functions of the Attorney General 
        relating thereto.
            (2) The National Communications System of the 
        Department of Defense, including the functions of the 
        Secretary of Defense relating thereto.
            (3) The Critical Infrastructure Assurance Office of 
        the Department of Commerce, including the functions of 
        the Secretary of Commerce relating thereto.
            (4) The National Infrastructure Simulation and 
        Analysis Center of the Department of Energy and the 
        energy security and assurance program and activities of 
        the Department, including the functions of the 
        Secretary of Energy relating thereto.
            (5) The Federal Computer Incident Response Center 
        of the General Services Administration, including the 
        functions of the Administrator of General Services 
        relating thereto.

           *       *       *       *       *       *       *

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

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

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

    (a) Requirement.--The Secretary shall administer the 
Homeland Security Advisory System in accordance with this 
section to provide advisories or warnings regarding the threat 
or risk that acts of terrorism will be committed on the 
homeland to Federal, State, local, and tribal government 
authorities and to the people of the United States, as 
appropriate. The Secretary shall exercise primary 
responsibility for providing such advisories or warnings.
    (b) Required Elements.--In administering the Homeland 
Security Advisory System, the Secretary shall--
            (1) establish criteria for the issuance and 
        revocation of such advisories or warnings;
            (2) develop a methodology, relying on the criteria 
        established under paragraph (1), for the issuance and 
        revocation of such advisories or warnings;
            (3) provide, in each such advisory or warning, 
        specific information and advice regarding appropriate 
        protective measures and countermeasures that may be 
        taken in response to the threat or risk, at the maximum 
        level of detail practicable to enable individuals, 
        government entities, emergency response providers, and 
        the private sector to act appropriately;
            (4) whenever possible, limit the scope of each such 
        advisory or warning to a specific region, locality, or 
        economic sector believed to be under threat or at risk; 
        and
            (5) not, in issuing any advisory or warning, use 
        color designations as the exclusive means of specifying 
        homeland security threat conditions that are the 
        subject of the advisory or warning.

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

    (a) Information Sharing.--Consistent with section 1016 of 
the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 485), the Secretary, acting through the Under Secretary 
for Intelligence and Analysis, shall integrate the information 
and standardize the format of the products of the intelligence 
components of the Department containing homeland security 
information, terrorism information, weapons of mass destruction 
information, or national intelligence (as defined in section 
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))) 
except for any internal security protocols or personnel 
information of such intelligence components, or other 
administrative processes that are administered by any chief 
security officer of the Department.
    (b) Information Sharing and Knowledge Management 
Officers.--For each intelligence component of the Department, 
the Secretary shall designate an information sharing and 
knowledge management officer who shall report to the Under 
Secretary for Intelligence and Analysis regarding coordinating 
the different systems used in the Department to gather and 
disseminate homeland security information or national 
intelligence (as defined in section 3(5) of the National 
Security Act of 1947 (50 U.S.C. 401a(5))).
    (c) State, Local, and Private-Sector Sources of 
Information.--
            (1) Establishment of business processes.--The 
        Secretary, acting through the Under Secretary for 
        Intelligence and Analysis or the Assistant Secretary 
        for Infrastructure Protection, as appropriate, shall--
                    (A) establish Department-wide procedures 
                for the review and analysis of information 
                provided by State, local, and tribal 
                governments and the private sector;
                    (B) as appropriate, integrate such 
                information into the information gathered by 
                the Department and other departments and 
                agencies of the Federal Government; and
                    (C) make available such information, as 
                appropriate, within the Department and to other 
                departments and agencies of the Federal 
                Government.
            (2) Feedback.--The Secretary shall develop 
        mechanisms to provide feedback regarding the analysis 
        and utility of information provided by any entity of 
        State, local, or tribal government or the private 
        sector that provides such information to the 
        Department.
    (d) Training and Evaluation of Employees.--
            (1) Training.--The Secretary, acting through the 
        Under Secretary for Intelligence and Analysis or the 
        Assistant Secretary for Infrastructure Protection, as 
        appropriate, shall provide to employees of the 
        Department opportunities for training and education to 
        develop an understanding of--
                    (A) the definitions of homeland security 
                information and national intelligence (as 
                defined in section 3(5) of the National 
                Security Act of 1947 (50 U.S.C. 401a(5))); and
                    (B) how information available to such 
                employees as part of their duties--
                            (i) might qualify as homeland 
                        security information or national 
                        intelligence; and
                            (ii) might be relevant to the 
                        Office of Intelligence and Analysis and 
                        the intelligence components of the 
                        Department.
            (2) Evaluations.--The Under Secretary for 
        Intelligence and Analysis shall--
                    (A) on an ongoing basis, evaluate how 
                employees of the Office of Intelligence and 
                Analysis and the intelligence components of the 
                Department are utilizing homeland security 
                information or national intelligence, sharing 
                information within the Department, as described 
                in this title, and participating in the 
                information sharing environment established 
                under section 1016 of the Intelligence Reform 
                and Terrorism Prevention Act of 2004 (6 U.S.C. 
                485); and
                    (B) provide to the appropriate component 
                heads regular reports regarding the evaluations 
                under subparagraph (A).

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

    (a) Establishment.--The Secretary, acting through the Under 
Secretary for Intelligence and Analysis, shall establish, 
consistent with the policies and procedures developed under 
section 1016 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 485), and consistent with the 
enterprise architecture of the Department, a comprehensive 
information technology network architecture for the Office of 
Intelligence and Analysis that connects the various databases 
and related information technology assets of the Office of 
Intelligence and Analysis and the intelligence components of 
the Department in order to promote internal information sharing 
among the intelligence and other personnel of the Department.
    (b) Comprehensive Information Technology Network 
Architecture Defined.--The term ``comprehensive information 
technology network architecture'' means an integrated framework 
for evolving or maintaining existing information technology and 
acquiring new information technology to achieve the strategic 
management and information resources management goals of the 
Office of Intelligence and Analysis.

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

    (a) Guidance.--All activities to comply with sections 203, 
204, and 205 shall be--
            (1) consistent with any policies, guidelines, 
        procedures, instructions, or standards established 
        under section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485);
            (2) implemented in coordination with, as 
        appropriate, the program manager for the information 
        sharing environment established under that section;
            (3) consistent with any applicable guidance issued 
        by the Director of National Intelligence; and
            (4) consistent with any applicable guidance issued 
        by the Secretary relating to the protection of law 
        enforcement information or proprietary information.
    (b) Consultation.--In carrying out the duties and 
responsibilities under this subtitle, the Under Secretary for 
Intelligence and Analysis shall take into account the views of 
the heads of the intelligence components of the Department.

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

    Subject to the direction and control of the Secretary, and 
consistent with any applicable guidance issued by the Director 
of National Intelligence, the responsibilities of the head of 
each intelligence component of the Department are as follows:
            (1) To ensure that the collection, processing, 
        analysis, and dissemination of information within the 
        scope of the information sharing environment, including 
        homeland security information, terrorism information, 
        weapons of mass destruction information, and national 
        intelligence (as defined in section 3(5) of the 
        National Security Act of 1947 (50 U.S.C. 401a(5))), are 
        carried out effectively and efficiently in support of 
        the intelligence mission of the Department, as led by 
        the Under Secretary for Intelligence and Analysis.
            (2) To otherwise support and implement the 
        intelligence mission of the Department, as led by the 
        Under Secretary for Intelligence and Analysis.
            (3) To incorporate the input of the Under Secretary 
        for Intelligence and Analysis with respect to 
        performance appraisals, bonus or award recommendations, 
        pay adjustments, and other forms of commendation.
            (4) To coordinate with the Under Secretary for 
        Intelligence and Analysis in developing policies and 
        requirements for the recruitment and selection of 
        intelligence officials of the intelligence component.
            (5) To advise and coordinate with the Under 
        Secretary for Intelligence and Analysis on any plan to 
        reorganize or restructure the intelligence component 
        that would, if implemented, result in realignments of 
        intelligence functions.
            (6) To ensure that employees of the intelligence 
        component have knowledge of, and comply with, the 
        programs and policies established by the Under 
        Secretary for Intelligence and Analysis and other 
        appropriate officials of the Department and that such 
        employees comply with all applicable laws and 
        regulations.
            (7) To perform such other activities relating to 
        such responsibilities as the Secretary may provide.

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

    The Secretary shall provide training and guidance for 
employees, officials, and senior executives of the intelligence 
components of the Department to develop knowledge of laws, 
regulations, operations, policies, procedures, and programs 
that are related to the functions of the Department relating to 
the collection, processing, analysis, and dissemination of 
information within the scope of the information sharing 
environment, including homeland security information, terrorism 
information, and weapons of mass destruction information, or 
national intelligence (as defined in section 3(5) of the 
National Security Act of 1947 (50 U.S.C. 401a(5))).

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

    (a) Curriculum.--The Secretary, acting through the Under 
Secretary for Intelligence and Analysis, shall--
            (1) develop a curriculum for training State, local, 
        and tribal government officials, including law 
        enforcement officers, intelligence analysts, and other 
        emergency response providers, in the intelligence cycle 
        and Federal laws, practices, and regulations regarding 
        the development, handling, and review of intelligence 
        and other information; and
            (2) ensure that the curriculum includes executive 
        level training for senior level State, local, and 
        tribal law enforcement officers, intelligence analysts, 
        and other emergency response providers.
    (b) Training.--To the extent possible, the Federal Law 
Enforcement Training Center and other existing Federal entities 
with the capacity and expertise to train State, local, and 
tribal government officials based on the curriculum developed 
under subsection (a) shall be used to carry out the training 
programs created under this section. If such entities do not 
have the capacity, resources, or capabilities to conduct such 
training, the Secretary may approve another entity to conduct 
such training.
    (c) Consultation.--In carrying out the duties described in 
subsection (a), the Under Secretary for Intelligence and 
Analysis shall consult with the Director of the Federal Law 
Enforcement Training Center, the Attorney General, the Director 
of National Intelligence, the Administrator of the Federal 
Emergency Management Agency, and other appropriate parties, 
such as private industry, institutions of higher education, 
nonprofit institutions, and other intelligence agencies of the 
Federal Government.

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

    (a) Awards.--In making cash awards under chapter 45 of 
title 5, United States Code, the President or the head of an 
agency, in consultation with the program manager designated 
under section 1016 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 485), may consider the success 
of an employee in appropriately sharing information within the 
scope of the information sharing environment established under 
that section, including homeland security information, 
terrorism information, and weapons of mass destruction 
information, or national intelligence (as defined in section 
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), 
in a manner consistent with any policies, guidelines, 
procedures, instructions, or standards established by the 
President or, as appropriate, the program manager of that 
environment for the implementation and management of that 
environment.
    (b) Other Incentives.--The head of each department or 
agency described in section 1016(i) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (6 U.S.C. 485(i)), in 
consultation with the program manager designated under section 
1016 of the Intelligence Reform and Terrorism Prevention Act of 
2004 (6 U.S.C. 485), shall adopt best practices regarding 
effective ways to educate and motivate officers and employees 
of the Federal Government to participate fully in the 
information sharing environment, including--
            (1) promotions and other nonmonetary awards; and
            (2) publicizing information sharing accomplishments 
        by individual employees and, where appropriate, the 
        tangible end benefits that resulted.

SEC. 210A. [6 U.S.C. 124H] DEPARTMENT OF HOMELAND SECURITY STATE, 
                    LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.

    (a) Establishment.--The Secretary, in consultation with the 
program manager of the information sharing environment 
established under section 1016 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney 
General, the Privacy Officer of the Department, the Officer for 
Civil Rights and Civil Liberties of the Department, and the 
Privacy and Civil Liberties Oversight Board established under 
section 1061 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a 
Department of Homeland Security State, Local, and Regional 
Fusion Center Initiative to establish partnerships with State, 
local, and regional fusion centers.
    (b) Department Support and Coordination.--Through the 
Department of Homeland Security State, Local, and Regional 
Fusion Center Initiative, and in coordination with the 
principal officials of participating State, local, or regional 
fusion centers and the officers designated as the Homeland 
Security Advisors of the States, the Secretary shall--
            (1) provide operational and intelligence advice and 
        assistance to State, local, and regional fusion 
        centers;
            (2) support efforts to include State, local, and 
        regional fusion centers into efforts to establish an 
        information sharing environment;
            (3) conduct tabletop and live training exercises to 
        regularly assess the capability of individual and 
        regional networks of State, local, and regional fusion 
        centers to integrate the efforts of such networks with 
        the efforts of the Department;
            (4) coordinate with other relevant Federal entities 
        engaged in homeland security-related activities;
            (5) provide analytic and reporting advice and 
        assistance to State, local, and regional fusion 
        centers;
            (6) review information within the scope of the 
        information sharing environment, including homeland 
        security information, terrorism information, and 
        weapons of mass destruction information, that is 
        gathered by State, local, and regional fusion centers, 
        and to incorporate such information, as appropriate, 
        into the Department's own such information;
            (7) provide management assistance to State, local, 
        and regional fusion centers;
            (8) serve as a point of contact to ensure the 
        dissemination of information within the scope of the 
        information sharing environment, including homeland 
        security information, terrorism information, and 
        weapons of mass destruction information;
            (9) facilitate close communication and coordination 
        between State, local, and regional fusion centers and 
        the Department;
            (10) provide State, local, and regional fusion 
        centers with expertise on Department resources and 
        operations;
            (11) provide training to State, local, and regional 
        fusion centers and encourage such fusion centers to 
        participate in terrorism threat-related exercises 
        conducted by the Department; and
            (12) carry out such other duties as the Secretary 
        determines are appropriate.
    (c) Personnel Assignment.--
            (1) In general.--The Under Secretary for 
        Intelligence and Analysis shall, to the maximum extent 
        practicable, assign officers and intelligence analysts 
        from components of the Department to participating 
        State, local, and regional fusion centers.
            (2) Personnel sources.--Officers and intelligence 
        analysts assigned to participating fusion centers under 
        this subsection may be assigned from the following 
        Department components, in coordination with the 
        respective component head and in consultation with the 
        principal officials of participating fusion centers:
                    (A) Office of Intelligence and Analysis.
                    (B) Office of Infrastructure Protection.
                    (C) Transportation Security Administration.
                    (D) United States Customs and Border 
                Protection.
                    (E) United States Immigration and Customs 
                Enforcement.
                    (F) United States Coast Guard.
                    (G) Other components of the Department, as 
                determined by the Secretary.
            (3) Qualifying criteria.--
                    (A) In general.--The Secretary shall 
                develop qualifying criteria for a fusion center 
                to participate in the assigning of Department 
                officers or intelligence analysts under this 
                section.
                    (B) Criteria.--Any criteria developed under 
                subparagraph (A) may include--
                            (i) whether the fusion center, 
                        through its mission and governance 
                        structure, focuses on a broad 
                        counterterrorism approach, and whether 
                        that broad approach is pervasive 
                        through all levels of the organization;
                            (ii) whether the fusion center has 
                        sufficient numbers of adequately 
                        trained personnel to support a broad 
                        counterterrorism mission;
                            (iii) whether the fusion center 
                        has--
                                    (I) access to relevant law 
                                enforcement, emergency 
                                response, private sector, open 
                                source, and national security 
                                data; and
                                    (II) the ability to share 
                                and analytically utilize that 
                                data for lawful purposes;
                            (iv) whether the fusion center is 
                        adequately funded by the State, local, 
                        or regional government to support its 
                        counterterrorism mission; and
                            (v) the relevancy of the mission of 
                        the fusion center to the particular 
                        source component of Department officers 
                        or intelligence analysts.
            (4) Prerequisite.--
                    (A) Intelligence analysis, privacy, and 
                civil liberties training.--Before being 
                assigned to a fusion center under this section, 
                an officer or intelligence analyst shall 
                undergo--
                            (i) appropriate intelligence 
                        analysis or information sharing 
                        training using an intelligence-led 
                        policing curriculum that is consistent 
                        with--
                                    (I) standard training and 
                                education programs offered to 
                                Department law enforcement and 
                                intelligence personnel; and
                                    (II) the Criminal 
                                Intelligence Systems Operating 
                                Policies under part 23 of title 
                                28, Code of Federal Regulations 
                                (or any corresponding similar 
                                rule or regulation);
                            (ii) appropriate privacy and civil 
                        liberties training that is developed, 
                        supported, or sponsored by the Privacy 
                        Officer appointed under section 222 and 
                        the Officer for Civil Rights and Civil 
                        Liberties of the Department, in 
                        consultation with the Privacy and Civil 
                        Liberties Oversight Board established 
                        under section 1061 of the Intelligence 
                        Reform and Terrorism Prevention Act of 
                        2004 (5 U.S.C. 601 note); and
                            (iii) such other training 
                        prescribed by the Under Secretary for 
                        Intelligence and Analysis.
                    (B) Prior work experience in area.--In 
                determining the eligibility of an officer or 
                intelligence analyst to be assigned to a fusion 
                center under this section, the Under Secretary 
                for Intelligence and Analysis shall consider 
                the familiarity of the officer or intelligence 
                analyst with the State, locality, or region, as 
                determined by such factors as whether the 
                officer or intelligence analyst--
                            (i) has been previously assigned in 
                        the geographic area; or
                            (ii) has previously worked with 
                        intelligence officials or law 
                        enforcement or other emergency response 
                        providers from that State, locality, or 
                        region.
            (5) Expedited security clearance processing.--The 
        Under Secretary for Intelligence and Analysis--
                    (A) shall ensure that each officer or 
                intelligence analyst assigned to a fusion 
                center under this section has the appropriate 
                security clearance to contribute effectively to 
                the mission of the fusion center; and
                    (B) may request that security clearance 
                processing be expedited for each such officer 
                or intelligence analyst and may use available 
                funds for such purpose.
            (6) Further qualifications.--Each officer or 
        intelligence analyst assigned to a fusion center under 
        this section shall satisfy any other qualifications the 
        Under Secretary for Intelligence and Analysis may 
        prescribe.
    (d) Responsibilities.--An officer or intelligence analyst 
assigned to a fusion center under this section shall--
            (1) assist law enforcement agencies and other 
        emergency response providers of State, local, and 
        tribal governments and fusion center personnel in using 
        information within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, to develop a comprehensive and accurate 
        threat picture;
            (2) review homeland security-relevant information 
        from law enforcement agencies and other emergency 
        response providers of State, local, and tribal 
        government;
            (3) create intelligence and other information 
        products derived from such information and other 
        homeland security-relevant information provided by the 
        Department; and
            (4) assist in the dissemination of such products, 
        as coordinated by the Under Secretary for Intelligence 
        and Analysis, to law enforcement agencies and other 
        emergency response providers of State, local, and 
        tribal government, other fusion centers, and 
        appropriate Federal agencies.
    (e) Border Intelligence Priority.--
            (1) In general.--The Secretary shall make it a 
        priority to assign officers and intelligence analysts 
        under this section from United States Customs and 
        Border Protection, United States Immigration and 
        Customs Enforcement, and the Coast Guard to 
        participating State, local, and regional fusion centers 
        located in jurisdictions along land or maritime borders 
        of the United States in order to enhance the integrity 
        of and security at such borders by helping Federal, 
        State, local, and tribal law enforcement authorities to 
        identify, investigate, and otherwise interdict persons, 
        weapons, and related contraband that pose a threat to 
        homeland security.
            (2) Border intelligence products.--When performing 
        the responsibilities described in subsection (d), 
        officers and intelligence analysts assigned to 
        participating State, local, and regional fusion centers 
        under this section shall have, as a primary 
        responsibility, the creation of border intelligence 
        products that--
                    (A) assist State, local, and tribal law 
                enforcement agencies in deploying their 
                resources most efficiently to help detect and 
                interdict terrorists, weapons of mass 
                destruction, and related contraband at land or 
                maritime borders of the United States;
                    (B) promote more consistent and timely 
                sharing of border security-relevant information 
                among jurisdictions along land or maritime 
                borders of the United States; and
                    (C) enhance the Department's situational 
                awareness of the threat of acts of terrorism at 
                or involving the land or maritime borders of 
                the United States.
    (f) Database Access.--In order to fulfill the objectives 
described under subsection (d), each officer or intelligence 
analyst assigned to a fusion center under this section shall 
have appropriate access to all relevant Federal databases and 
information systems, consistent with any policies, guidelines, 
procedures, instructions, or standards established by the 
President or, as appropriate, the program manager of the 
information sharing environment for the implementation and 
management of that environment.
    (g) Consumer Feedback.--
            (1) In general.--The Secretary shall create a 
        voluntary mechanism for any State, local, or tribal law 
        enforcement officer or other emergency response 
        provider who is a consumer of the intelligence or other 
        information products referred to in subsection (d) to 
        provide feedback to the Department on the quality and 
        utility of such intelligence products.
            (2) Report.--Not later than one year after the date 
        of the enactment of the Implementing Recommendations of 
        the 9/11 Commission Act of 2007, and annually 
        thereafter, the Secretary shall submit to the Committee 
        on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the 
        House of Representatives a report that includes a 
        description of the consumer feedback obtained under 
        paragraph (1) and, if applicable, how the Department 
        has adjusted its production of intelligence products in 
        response to that consumer feedback.
    (h) Rule of Construction.--
            (1) In general.--The authorities granted under this 
        section shall supplement the authorities granted under 
        section 201(d) and nothing in this section shall be 
        construed to abrogate the authorities granted under 
        section 201(d).
            (2) Participation.--Nothing in this section shall 
        be construed to require a State, local, or regional 
        government or entity to accept the assignment of 
        officers or intelligence analysts of the Department 
        into the fusion center of that State, locality, or 
        region.
    (i) Guidelines.--The Secretary, in consultation with the 
Attorney General, shall establish guidelines for fusion centers 
created and operated by State and local governments, to include 
standards that any such fusion center shall--
            (1) collaboratively develop a mission statement, 
        identify expectations and goals, measure performance, 
        and determine effectiveness for that fusion center;
            (2) create a representative governance structure 
        that includes law enforcement officers and other 
        emergency response providers and, as appropriate, the 
        private sector;
            (3) create a collaborative environment for the 
        sharing of intelligence and information among Federal, 
        State, local, and tribal government agencies (including 
        law enforcement officers and other emergency response 
        providers), the private sector, and the public, 
        consistent with any policies, guidelines, procedures, 
        instructions, or standards established by the President 
        or, as appropriate, the program manager of the 
        information sharing environment;
            (4) leverage the databases, systems, and networks 
        available from public and private sector entities, in 
        accordance with all applicable laws, to maximize 
        information sharing;
            (5) develop, publish, and adhere to a privacy and 
        civil liberties policy consistent with Federal, State, 
        and local law;
            (6) provide, in coordination with the Privacy 
        Officer of the Department and the Officer for Civil 
        Rights and Civil Liberties of the Department, 
        appropriate privacy and civil liberties training for 
        all State, local, tribal, and private sector 
        representatives at the fusion center;
            (7) ensure appropriate security measures are in 
        place for the facility, data, and personnel;
            (8) select and train personnel based on the needs, 
        mission, goals, and functions of that fusion center;
            (9) offer a variety of intelligence and information 
        services and products to recipients of fusion center 
        intelligence and information; and
            (10) incorporate law enforcement officers, other 
        emergency response providers, and, as appropriate, the 
        private sector, into all relevant phases of the 
        intelligence and fusion process, consistent with the 
        mission statement developed under paragraph (1), either 
        through full time representatives or liaison 
        relationships with the fusion center to enable the 
        receipt and sharing of information and intelligence.
    (j) Definitions.--In this section--
            (1) the term ``fusion center'' means a 
        collaborative effort of 2 or more Federal, State, 
        local, or tribal government agencies that combines 
        resources, expertise, or information with the goal of 
        maximizing the ability of such agencies to detect, 
        prevent, investigate, apprehend, and respond to 
        criminal or terrorist activity;
            (2) the term ``information sharing environment'' 
        means the information sharing environment established 
        under section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485);
            (3) the term ``intelligence analyst'' means an 
        individual who regularly advises, administers, 
        supervises, or performs work in the collection, 
        gathering, analysis, evaluation, reporting, production, 
        or dissemination of information on political, economic, 
        social, cultural, physical, geographical, scientific, 
        or military conditions, trends, or forces in foreign or 
        domestic areas that directly or indirectly affect 
        national security;
            (4) the term ``intelligence-led policing'' means 
        the collection and analysis of information to produce 
        an intelligence end product designed to inform law 
        enforcement decision making at the tactical and 
        strategic levels; and
            (5) the term ``terrorism information'' has the 
        meaning given that term in section 1016 of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (6 U.S.C. 485).
    (k) Authorization of Appropriations.--There is authorized 
to be appropriated $10,000,000 for each of fiscal years 2008 
through 2012, to carry out this section, except for subsection 
(i), including for hiring officers and intelligence analysts to 
replace officers and intelligence analysts who are assigned to 
fusion centers under this section.

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

    (a) Establishment.--
            (1) In general.--The Secretary, acting through the 
        Under Secretary for Intelligence and Analysis, and in 
        consultation with the Chief Human Capital Officer, 
        shall establish a fellowship program in accordance with 
        this section for the purpose of--
                    (A) detailing State, local, and tribal law 
                enforcement officers and intelligence analysts 
                to the Department in accordance with subchapter 
                VI of chapter 33 of title 5, United States 
                Code, to participate in the work of the Office 
                of Intelligence and Analysis in order to become 
                familiar with--
                            (i) the relevant missions and 
                        capabilities of the Department and 
                        other Federal agencies; and
                            (ii) the role, programs, products, 
                        and personnel of the Office of 
                        Intelligence and Analysis; and
                    (B) promoting information sharing between 
                the Department and State, local, and tribal law 
                enforcement officers and intelligence analysts 
                by assigning such officers and analysts to--
                            (i) serve as a point of contact in 
                        the Department to assist in the 
                        representation of State, local, and 
                        tribal information requirements;
                            (ii) identify information within 
                        the scope of the information sharing 
                        environment, including homeland 
                        security information, terrorism 
                        information, and weapons of mass 
                        destruction information, that is of 
                        interest to State, local, and tribal 
                        law enforcement officers, intelligence 
                        analysts, and other emergency response 
                        providers;
                            (iii) assist Department analysts in 
                        preparing and disseminating products 
                        derived from information within the 
                        scope of the information sharing 
                        environment, including homeland 
                        security information, terrorism 
                        information, and weapons of mass 
                        destruction information, that are 
                        tailored to State, local, and tribal 
                        law enforcement officers and 
                        intelligence analysts and designed to 
                        prepare for and thwart acts of 
                        terrorism; and
                            (iv) assist Department analysts in 
                        preparing products derived from 
                        information within the scope of the 
                        information sharing environment, 
                        including homeland security 
                        information, terrorism information, and 
                        weapons of mass destruction 
                        information, that are tailored to 
                        State, local, and tribal emergency 
                        response providers and assist in the 
                        dissemination of such products through 
                        appropriate Department channels.
            (2) Program name.--The program under this section 
        shall be known as the ``Homeland Security Information 
        Sharing Fellows Program''.
    (b) Eligibility.--
            (1) In general.--In order to be eligible for 
        selection as an Information Sharing Fellow under the 
        program under this section, an individual shall--
                    (A) have homeland security-related 
                responsibilities;
                    (B) be eligible for an appropriate security 
                clearance;
                    (C) possess a valid need for access to 
                classified information, as determined by the 
                Under Secretary for Intelligence and Analysis;
                    (D) be an employee of an eligible entity; 
                and
                    (E) have undergone appropriate privacy and 
                civil liberties training that is developed, 
                supported, or sponsored by the Privacy Officer 
                and the Officer for Civil Rights and Civil 
                Liberties, in consultation with the Privacy and 
                Civil Liberties Oversight Board established 
                under section 1061 of the Intelligence Reform 
                and Terrorism Prevention Act of 2004 (5 U.S.C. 
                601 note).
            (2) Eligible entities.--In this subsection, the 
        term ``eligible entity'' means--
                    (A) a State, local, or regional fusion 
                center;
                    (B) a State or local law enforcement or 
                other government entity that serves a major 
                metropolitan area, suburban area, or rural 
                area, as determined by the Secretary;
                    (C) a State or local law enforcement or 
                other government entity with port, border, or 
                agricultural responsibilities, as determined by 
                the Secretary;
                    (D) a tribal law enforcement or other 
                authority; or
                    (E) such other entity as the Secretary 
                determines is appropriate.
    (c) Optional Participation.--No State, local, or tribal law 
enforcement or other government entity shall be required to 
participate in the Homeland Security Information Sharing 
Fellows Program.
    (d) Procedures for Nomination and Selection.--
            (1) In general.--The Under Secretary for 
        Intelligence and Analysis shall establish procedures to 
        provide for the nomination and selection of individuals 
        to participate in the Homeland Security Information 
        Sharing Fellows Program.
            (2) Limitations.--The Under Secretary for 
        Intelligence and Analysis shall--
                    (A) select law enforcement officers and 
                intelligence analysts representing a broad 
                cross-section of State, local, and tribal 
                agencies; and
                    (B) ensure that the number of Information 
                Sharing Fellows selected does not impede the 
                activities of the Office of Intelligence and 
                Analysis.

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

    (a) In General.--The Secretary shall establish a Rural 
Policing Institute, which shall be administered by the Federal 
Law Enforcement Training Center, to target training to law 
enforcement agencies and other emergency response providers 
located in rural areas. The Secretary, through the Rural 
Policing Institute, shall--
            (1) evaluate the needs of law enforcement agencies 
        and other emergency response providers in rural areas;
            (2) develop expert training programs designed to 
        address the needs of law enforcement agencies and other 
        emergency response providers in rural areas as 
        identified in the evaluation conducted under paragraph 
        (1), including training programs about intelligence-led 
        policing and protections for privacy, civil rights, and 
        civil liberties;
            (3) provide the training programs developed under 
        paragraph (2) to law enforcement agencies and other 
        emergency response providers in rural areas; and
            (4) conduct outreach efforts to ensure that local 
        and tribal governments in rural areas are aware of the 
        training programs developed under paragraph (2) so they 
        can avail themselves of such programs.
    (b) Curricula.--The training at the Rural Policing 
Institute established under subsection (a) shall--
            (1) be configured in a manner so as not to 
        duplicate or displace any law enforcement or emergency 
        response program of the Federal Law Enforcement 
        Training Center or a local or tribal government entity 
        in existence on the date of enactment of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007; and
            (2) to the maximum extent practicable, be delivered 
        in a cost-effective manner at facilities of the 
        Department, on closed military installations with 
        adequate training facilities, or at facilities operated 
        by the participants.
    (c) Definition.--In this section, the term ``rural'' means 
an area that is not located in a metropolitan statistical area, 
as defined by the Office of Management and Budget.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section (including for 
contracts, staff, and equipment)--
            (1) $10,000,000 for fiscal year 2008; and
            (2) $5,000,000 for each of fiscal years 2009 
        through 2013.

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

    (a) In General.--To improve the sharing of information 
within the scope of the information sharing environment 
established under section 1016 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 485) with State, 
local, tribal, and private sector officials, the Director of 
National Intelligence, through the program manager for the 
information sharing environment, in coordination with the 
Secretary, shall coordinate and oversee the creation of an 
Interagency Threat Assessment and Coordination Group (referred 
to in this section as the ``ITACG'').
    (b) Composition of ITACG.--The ITACG shall consist of--
            (1) an ITACG Advisory Council to set policy and 
        develop processes for the integration, analysis, and 
        dissemination of federally-coordinated information 
        within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information; and
            (2) an ITACG Detail comprised of State, local, and 
        tribal homeland security and law enforcement officers 
        and intelligence analysts detailed to work in the 
        National Counterterrorism Center with Federal 
        intelligence analysts for the purpose of integrating, 
        analyzing, and assisting in the dissemination of 
        federally-coordinated information within the scope of 
        the information sharing environment, including homeland 
        security information, terrorism information, and 
        weapons of mass destruction information, through 
        appropriate channels identified by the ITACG Advisory 
        Council.
    (c) Responsibilities of Program Manager.--The program 
manager, in consultation with the Information Sharing Council, 
shall--
            (1) monitor and assess the efficacy of the ITACG; 
        and
            (2) not later than 180 days after the date of the 
        enactment of the Implementing Recommendations of the 9/
        11 Commission Act of 2007, and at least annually 
        thereafter, submit to the Secretary, the Attorney 
        General, the Director of National Intelligence, the 
        Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on Homeland Security of 
        the House of Representatives a report on the progress 
        of the ITACG.
    (d) Responsibilities of Secretary.--The Secretary, or the 
Secretary's designee, in coordination with the Director of the 
National Counterterrorism Center and the ITACG Advisory 
Council, shall--
            (1) create policies and standards for the creation 
        of information products derived from information within 
        the scope of the information sharing environment, 
        including homeland security information, terrorism 
        information, and weapons of mass destruction 
        information, that are suitable for dissemination to 
        State, local, and tribal governments and the private 
        sector;
            (2) evaluate and develop processes for the timely 
        dissemination of federally-coordinated information 
        within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, to State, local, and tribal governments 
        and the private sector;
            (3) establish criteria and a methodology for 
        indicating to State, local, and tribal governments and 
        the private sector the reliability of information 
        within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, disseminated to them;
            (4) educate the intelligence community about the 
        requirements of the State, local, and tribal homeland 
        security, law enforcement, and other emergency response 
        providers regarding information within the scope of the 
        information sharing environment, including homeland 
        security information, terrorism information, and 
        weapons of mass destruction information;
            (5) establish and maintain the ITACG Detail, which 
        shall assign an appropriate number of State, local, and 
        tribal homeland security and law enforcement officers 
        and intelligence analysts to work in the National 
        Counterterrorism Center who shall--
                    (A) educate and advise National 
                Counterterrorism Center intelligence analysts 
                about the requirements of the State, local, and 
                tribal homeland security and law enforcement 
                officers, and other emergency response 
                providers regarding information within the 
                scope of the information sharing environment, 
                including homeland security information, 
                terrorism information, and weapons of mass 
                destruction information;
                    (B) assist National Counterterrorism Center 
                intelligence analysts in integrating, 
                analyzing, and otherwise preparing versions of 
                products derived from information within the 
                scope of the information sharing environment, 
                including homeland security information, 
                terrorism information, and weapons of mass 
                destruction information that are unclassified 
                or classified at the lowest possible level and 
                suitable for dissemination to State, local, and 
                tribal homeland security and law enforcement 
                agencies in order to help deter and prevent 
                terrorist attacks;
                    (C) implement, in coordination with 
                National Counterterrorism Center intelligence 
                analysts, the policies, processes, procedures, 
                standards, and guidelines developed by the 
                ITACG Advisory Council;
                    (D) assist in the dissemination of products 
                derived from information within the scope of 
                the information sharing environment, including 
                homeland security information, terrorism 
                information, and weapons of mass destruction 
                information, to State, local, and tribal 
                jurisdictions only through appropriate channels 
                identified by the ITACG Advisory Council; and
                    (E) report directly to the senior 
                intelligence official from the Department under 
                paragraph (6);
            (6) detail a senior intelligence official from the 
        Department of Homeland Security to the National 
        Counterterrorism Center, who shall--
                    (A) manage the day-to-day operations of the 
                ITACG Detail;
                    (B) report directly to the Director of the 
                National Counterterrorism Center or the 
                Director's designee; and
                    (C) in coordination with the Director of 
                the Federal Bureau of Investigation, and 
                subject to the approval of the Director of the 
                National Counterterrorism Center, select a 
                deputy from the pool of available detailees 
                from the Federal Bureau of Investigation in the 
                National Counterterrorism Center; and
            (7) establish, within the ITACG Advisory Council, a 
        mechanism to select law enforcement officers and 
        intelligence analysts for placement in the National 
        Counterterrorism Center consistent with paragraph (5), 
        using criteria developed by the ITACG Advisory Council 
        that shall encourage participation from a broadly 
        representative group of State, local, and tribal 
        homeland security and law enforcement agencies.
    (e) Membership.--The Secretary, or the Secretary's 
designee, shall serve as the chair of the ITACG Advisory 
Council, which shall include--
            (1) representatives of--
                    (A) the Department;
                    (B) the Federal Bureau of Investigation;
                    (C) the National Counterterrorism Center;
                    (D) the Department of Defense;
                    (E) the Department of Energy;
                    (F) the Department of State; and
                    (G) other Federal entities as appropriate;
            (2) the program manager of the information sharing 
        environment, designated under section 1016(f) of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (6 U.S.C. 485(f)), or the program manager's 
        designee; and
            (3) executive level law enforcement and 
        intelligence officials from State, local, and tribal 
        governments.
    (f) Criteria.--The Secretary, in consultation with the 
Director of National Intelligence, the Attorney General, and 
the program manager of the information sharing environment 
established under section 1016 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall--
            (1) establish procedures for selecting members of 
        the ITACG Advisory Council and for the proper handling 
        and safeguarding of products derived from information 
        within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, by those members; and
            (2) ensure that at least 50 percent of the members 
        of the ITACG Advisory Council are from State, local, 
        and tribal governments.
    (g) Operations.--
            (1) In general.--Beginning not later than 90 days 
        after the date of enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, the 
        ITACG Advisory Council shall meet regularly, but not 
        less than quarterly, at the facilities of the National 
        Counterterrorism Center of the Office of the Director 
        of National Intelligence.
            (2) Management.--Pursuant to section 119(f)(E) of 
        the National Security Act of 1947 (50 U.S.C. 
        404o(f)(E)), the Director of the National 
        Counterterrorism Center, acting through the senior 
        intelligence official from the Department of Homeland 
        Security detailed pursuant to subsection (d)(6), shall 
        ensure that--
                    (A) the products derived from information 
                within the scope of the information sharing 
                environment, including homeland security 
                information, terrorism information, and weapons 
                of mass destruction information, prepared by 
                the National Counterterrorism Center and the 
                ITACG Detail for distribution to State, local, 
                and tribal homeland security and law 
                enforcement agencies reflect the requirements 
                of such agencies and are produced consistently 
                with the policies, processes, procedures, 
                standards, and guidelines established by the 
                ITACG Advisory Council;
                    (B) in consultation with the ITACG Advisory 
                Council and consistent with sections 
                102A(f)(1)(B)(iii) and 119(f)(E) of the 
                National Security Act of 1947 (50 U.S.C. 402 et 
                seq.), all products described in subparagraph 
                (A) are disseminated through existing channels 
                of the Department and the Department of Justice 
                and other appropriate channels to State, local, 
                and tribal government officials and other 
                entities;
                    (C) all detailees under subsection (d)(5) 
                have appropriate access to all relevant 
                information within the scope of the information 
                sharing environment, including homeland 
                security information, terrorism information, 
                and weapons of mass destruction information, 
                available at the National Counterterrorism 
                Center in order to accomplish the objectives 
                under that paragraph;
                    (D) all detailees under subsection (d)(5) 
                have the appropriate security clearances and 
                are trained in the procedures for handling, 
                processing, storing, and disseminating 
                classified products derived from information 
                within the scope of the information sharing 
                environment, including homeland security 
                information, terrorism information, and weapons 
                of mass destruction information; and
                    (E) all detailees under subsection (d)(5) 
                complete appropriate privacy and civil 
                liberties training.
    (h) Inapplicability of the Federal Advisory Committee 
Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the ITACG or any subsidiary groups thereof.
    (i) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary for each of 
fiscal years 2008 through 2012 to carry out this section, 
including to obtain security clearances for the State, local, 
and tribal participants in the ITACG.

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

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

            Subtitle B--Critical Infrastructure Information

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

    This subtitle may be cited as the ``Critical Infrastructure 
Information Act of 2002''.

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

    In this subtitle:
            (1) Agency.--The term ``agency'' has the meaning 
        given it in section 551 of title 5, United States Code.
            (2) Covered federal agency.--The term ``covered 
        Federal agency'' means the Department of Homeland 
        Security.
            (3) Critical infrastructure information.--The term 
        ``critical infrastructure information'' means 
        information not customarily in the public domain and 
        related to the security of critical infrastructure or 
        protected systems--
                    (A) actual, potential, or threatened 
                interference with, attack on, compromise of, or 
                incapacitation of critical infrastructure or 
                protected systems by either physical or 
                computer-based attack or other similar conduct 
                (including the misuse of or unauthorized access 
                to all types of communications and data 
                transmission systems) that violates Federal, 
                State, or local law, harms interstate commerce 
                of the United States, or threatens public 
                health or safety;
                    (B) the ability of any critical 
                infrastructure or protected system to resist 
                such interference, compromise, or 
                incapacitation, including any planned or past 
                assessment, projection, or estimate of the 
                vulnerability of critical infrastructure or a 
                protected system, including security testing, 
                risk evaluation thereto, risk management 
                planning, or risk audit; or
                    (C) any planned or past operational problem 
                or solution regarding critical infrastructure 
                or protected systems, including repair, 
                recovery, reconstruction, insurance, or 
                continuity, to the extent it is related to such 
                interference, compromise, or incapacitation.
            (4) Critical infrastructure protection program.--
        The term ``critical infrastructure protection program'' 
        means any component or bureau of a covered Federal 
        agency that has been designated by the President or any 
        agency head to receive critical infrastructure 
        information.
            (5) Information sharing and analysis 
        organization.--The term ``Information Sharing and 
        Analysis Organization'' means any formal or informal 
        entity or collaboration created or employed by public 
        or private sector organizations, for purposes of--
                    (A) gathering and analyzing critical 
                infrastructure information in order to better 
                understand security problems and 
                interdependencies related to critical 
                infrastructure and protected systems, so as to 
                ensure the availability, integrity, and 
                reliability thereof;
                    (B) communicating or disclosing critical 
                infrastructure information to help prevent, 
                detect, mitigate, or recover from the effects 
                of a interference, compromise, or a 
                incapacitation problem related to critical 
                infrastructure or protected systems; and
                    (C) voluntarily disseminating critical 
                infrastructure information to its members, 
                State, local, and Federal Governments, or any 
                other entities that may be of assistance in 
                carrying out the purposes specified in 
                subparagraphs (A) and (B).
            (6) Protected system.--The term ``protected 
        system''--
                    (A) means any service, physical or 
                computer-based system, process, or procedure 
                that directly or indirectly affects the 
                viability of a facility of critical 
                infrastructure; and
                    (B) includes any physical or computer-based 
                system, including a computer, computer system, 
                computer or communications network, or any 
                component hardware or element thereof, software 
                program, processing instructions, or 
                information or data in transmission or storage 
                therein, irrespective of the medium of 
                transmission or storage.
            (7) Voluntary.--
                    (A) In general.--The term ``voluntary'', in 
                the case of any submittal of critical 
                infrastructure information to a covered Federal 
                agency, means the submittal thereof in the 
                absence of such agency's exercise of legal 
                authority to compel access to or submission of 
                such information and may be accomplished by a 
                single entity or an Information Sharing and 
                Analysis Organization on behalf of itself or 
                its members.
                    (B) Exclusions.--The term ``voluntary''--
                            (i) in the case of any action 
                        brought under the securities laws as is 
                        defined in section 3(a)(47) of the 
                        Securities Exchange Act of 1934 (15 
                        U.S.C. 78c(a)(47))--
                                    (I) does not include 
                                information or statements 
                                contained in any documents or 
                                materials filed with the 
                                Securities and Exchange 
                                Commission, or with Federal 
                                banking regulators, pursuant to 
                                section 12(i) of the Securities 
                                Exchange Act of 1934 (15 U.S.C. 
                                781(I)); and
                                    (II) with respect to the 
                                submittal of critical 
                                infrastructure information, 
                                does not include any disclosure 
                                or writing that when made 
                                accompanied the solicitation of 
                                an offer or a sale of 
                                securities; and
                            (ii) does not include information 
                        or statements submitted or relied upon 
                        as a basis for making licensing or 
                        permitting determinations, or during 
                        regulatory proceedings.

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

    A critical infrastructure protection program may be 
designated as such by one of the following:
            (1) The President.
            (2) The Secretary of Homeland Security.

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

    (a) Protection.--
            (1) In general.--Notwithstanding any other 
        provision of law, critical infrastructure information 
        (including the identity of the submitting person or 
        entity) that is voluntarily submitted to a covered 
        Federal agency for use by that agency regarding the 
        security of critical infrastructure and protected 
        systems, analysis, warning, interdependency study, 
        recovery, reconstitution, or other informational 
        purpose, when accompanied by an express statement 
        specified in paragraph (2)--
                    (A) shall be exempt from disclosure under 
                section 552 of title 5, United States Code 
                (commonly referred to as the Freedom of 
                Information Act);
                    (B) shall not be subject to any agency 
                rules or judicial doctrine regarding ex parte 
                communications with a decision making official;
                    (C) shall not, without the written consent 
                of the person or entity submitting such 
                information, be used directly by such agency, 
                any other Federal, State, or local authority, 
                or any third party, in any civil action arising 
                under Federal or State law if such information 
                is submitted in good faith;
                    (D) shall not, without the written consent 
                of the person or entity submitting such 
                information, be used or disclosed by any 
                officer or employee of the United States for 
                purposes other than the purposes of this 
                subtitle, except--
                            (i) in furtherance of an 
                        investigation or the prosecution of a 
                        criminal act; or
                            (ii) when disclosure of the 
                        information would be--
                                    (I) to either House of 
                                Congress, or to the extent of 
                                matter within its jurisdiction, 
                                any committee or subcommittee 
                                thereof, any joint committee 
                                thereof or subcommittee of any 
                                such joint committee; or
                                    (II) to the Comptroller 
                                General, or any authorized 
                                representative of the 
                                Comptroller General, in the 
                                course of the performance of 
                                the duties of the General 
                                Accounting Office.
                    (E) shall not, if provided to a State or 
                local government or government agency--
                            (i) be made available pursuant to 
                        any State or local law requiring 
                        disclosure of information or records;
                            (ii) otherwise be disclosed or 
                        distributed to any party by said State 
                        or local government or government 
                        agency without the written consent of 
                        the person or entity submitting such 
                        information; or
                            (iii) be used other than for the 
                        purpose of protecting critical 
                        infrastructure or protected systems, or 
                        in furtherance of an investigation or 
                        the prosecution of a criminal act; and
                    (F) does not constitute a waiver of any 
                applicable privilege or protection provided 
                under law, such as trade secret protection.
            (2) Express statement.--For purposes of paragraph 
        (1), the term ``express statement'', with respect to 
        information or records, means--
                    (A) in the case of written information or 
                records, a written marking on the information 
                or records substantially similar to the 
                following: ``This information is voluntarily 
                submitted to the Federal Government in 
                expectation of protection from disclosure as 
                provided by the provisions of the Critical 
                Infrastructure Information Act of 2002.''; or
                    (B) in the case of oral information, a 
                similar written statement submitted within a 
                reasonable period following the oral 
                communication.
    (b) Limitation.--No communication of critical 
infrastructure information to a covered Federal agency made 
pursuant to this subtitle shall be considered to be an action 
subject to the requirements of the Federal Advisory Committee 
Act (5 U.S.C. App. 2).
    (c) Independently Obtained Information.--Nothing in this 
section shall be construed to limit or otherwise affect the 
ability of a State, local, or Federal Government entity, 
agency, or authority, or any third party, under applicable law, 
to obtain critical infrastructure information in a manner not 
covered by subsection (a), including any information lawfully 
and properly disclosed generally or broadly to the public and 
to use such information in any manner permitted by law.
    (d) Treatment of Voluntary Submittal of Information.--The 
voluntary submittal to the Government of information or records 
that are protected from disclosure by this subtitle shall not 
be construed to constitute compliance with any requirement to 
submit such information to a Federal agency under any other 
provision of law.
    (e) Procedures.--
            (1) In general.--The Secretary of the Department of 
        Homeland Security shall, in consultation with 
        appropriate representatives of the National Security 
        Council and the Office of Science and Technology 
        Policy, establish uniform procedures for the receipt, 
        care, and storage by Federal agencies of critical 
        infrastructure information that is voluntarily 
        submitted to the Government. The procedures shall be 
        established not later than 90 days after the date of 
        the enactment of this subtitle.
            (2) Elements.--The procedures established under 
        paragraph (1) shall include mechanisms regarding--
                    (A) the acknowledgement of receipt by 
                Federal agencies of critical infrastructure 
                information that is voluntarily submitted to 
                the Government;
                    (B) the maintenance of the identification 
                of such information as voluntarily submitted to 
                the Government for purposes of and subject to 
                the provisions of this subtitle;
                    (C) the care and storage of such 
                information; and
                    (D) the protection and maintenance of the 
                confidentiality of such information so as to 
                permit the sharing of such information within 
                the Federal Government and with State and local 
                governments, and the issuance of notices and 
                warnings related to the protection of critical 
                infrastructure and protected systems, in such 
                manner as to protect from public disclosure the 
                identity of the submitting person or entity, or 
                information that is proprietary, business 
                sensitive, relates specifically to the 
                submitting person or entity, and is otherwise 
                not appropriately in the public domain.
    (f) Penalties.--Whoever, being an officer or employee of 
the United States or of any department or agency thereof, 
knowingly publishes, divulges, discloses, or makes known in any 
manner or to any extent not authorized by law, any critical 
infrastructure information protected from disclosure by this 
subtitle coming to him in the course of this employment or 
official duties or by reason of any examination or 
investigation made by, or return, report, or record made to or 
filed with, such department or agency or officer or employee 
thereof, shall be fined under title 18 of the United States 
Code, imprisoned not more than 1 year, or both, and shall be 
removed from office or employment.
    (g) Authority To Issue Warnings.--The Federal Government 
may provide advisories, alerts, and warnings to relevant 
companies, targeted sectors, other governmental entities, or 
the general public regarding potential threats to critical 
infrastructure as appropriate. In issuing a warning, the 
Federal Government shall take appropriate actions to protect 
from disclosure--
            (1) the source of any voluntarily submitted 
        critical infrastructure information that forms the 
        basis for the warning; or
            (2) information that is proprietary, business 
        sensitive, relates specifically to the submitting 
        person or entity, or is otherwise not appropriately in 
        the public domain.
    (h) Authority To Delegate.--The President may delegate 
authority to a critical infrastructure protection program, 
designated under section 213, to enter into a voluntary 
agreement to promote critical infrastructure security, 
including with any Information Sharing and Analysis 
Organization, or a plan of action as otherwise defined in 
section 708 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2158).

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

    Nothing in this subtitle may be construed to create a 
private right of action for enforcement of any provision of 
this Act.

                    Subtitle C--Information Security

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

    The Secretary shall establish procedures on the use of 
information shared under this title that--
            (1) limit the redissemination of such information 
        to ensure that it is not used for an unauthorized 
        purpose;
            (2) ensure the security and confidentiality of such 
        information;
            (3) protect the constitutional and statutory rights 
        of any individuals who are subjects of such 
        information; and
            (4) provide data integrity through the timely 
        removal and destruction of obsolete or erroneous names 
        and information.

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

    (a) Appointment and Responsibilities.--The Secretary shall 
appoint a senior official in the Department, who shall report 
directly to the Secretary, to assume primary responsibility for 
privacy policy, including--
            (1) assuring that the use of technologies sustain, 
        and do not erode, privacy protections relating to the 
        use, collection, and disclosure of personal 
        information;
            (2) assuring that personal information contained in 
        Privacy Act systems of records is handled in full 
        compliance with fair information practices as set out 
        in the Privacy Act of 1974;
            (3) evaluating legislative and regulatory proposals 
        involving collection, use, and disclosure of personal 
        information by the Federal Government;
            (4) conducting a privacy impact assessment of 
        proposed rules of the Department or that of the 
        Department on the privacy of personal information, 
        including the type of personal information collected 
        and the number of people affected;
            (5) coordinating with the Officer for Civil Rights 
        and Civil Liberties to ensure that--
                    (A) programs, policies, and procedures 
                involving civil rights, civil liberties, and 
                privacy considerations are addressed in an 
                integrated and comprehensive manner; and
                    (B) Congress receives appropriate reports 
                on such programs, policies, and procedures; and
            (6) preparing a report to Congress on an annual 
        basis on activities of the Department that affect 
        privacy, including complaints of privacy violations, 
        implementation of the Privacy Act of 1974, internal 
        controls, and other matters.
    (b) Authority To Investigate.--
            (1) In general.--The senior official appointed 
        under subsection (a) may--
                    (A) have access to all records, reports, 
                audits, reviews, documents, papers, 
                recommendations, and other materials available 
                to the Department that relate to programs and 
                operations with respect to the responsibilities 
                of the senior official under this section;
                    (B) make such investigations and reports 
                relating to the administration of the programs 
                and operations of the Department as are, in the 
                senior official's judgment, necessary or 
                desirable;
                    (C) subject to the approval of the 
                Secretary, require by subpoena the production, 
                by any person other than a Federal agency, of 
                all information, documents, reports, answers, 
                records, accounts, papers, and other data and 
                documentary evidence necessary to performance 
                of the responsibilities of the senior official 
                under this section; and
                    (D) administer to or take from any person 
                an oath, affirmation, or affidavit, whenever 
                necessary to performance of the 
                responsibilities of the senior official under 
                this section.
            (2) Enforcement of subpoenas.--Any subpoena issued 
        under paragraph (1)(C) shall, in the case of contumacy 
        or refusal to obey, be enforceable by order of any 
        appropriate United States district court.
            (3) Effect of oaths.--Any oath, affirmation, or 
        affidavit administered or taken under paragraph (1)(D) 
        by or before an employee of the Privacy Office 
        designated for that purpose by the senior official 
        appointed under subsection (a) shall have the same 
        force and effect as if administered or taken by or 
        before an officer having a seal of office.
    (c) Supervision and Coordination.--
            (1) In general.--The senior official appointed 
        under subsection (a) shall--
                    (A) report to, and be under the general 
                supervision of, the Secretary; and
                    (B) coordinate activities with the 
                Inspector General of the Department in order to 
                avoid duplication of effort.
            (2) Coordination with the inspector general.--
                    (A) In general.--Except as provided in 
                subparagraph (B), the senior official appointed 
                under subsection (a) may investigate any matter 
                relating to possible violations or abuse 
                concerning the administration of any program or 
                operation of the Department relevant to the 
                purposes under this section.
                    (B) Coordination.--
                            (i) Referral.--Before initiating 
                        any investigation described under 
                        subparagraph (A), the senior official 
                        shall refer the matter and all related 
                        complaints, allegations, and 
                        information to the Inspector General of 
                        the Department.
                            (ii) Determinations and 
                        notifications by the inspector 
                        general.--
                                    (I) In general.--Not later 
                                than 30 days after the receipt 
                                of a matter referred under 
                                clause (i), the Inspector 
                                General shall--
                                            (aa) make a 
                                        determination regarding 
                                        whether the Inspector 
                                        General intends to 
                                        initiate an audit or 
                                        investigation of the 
                                        matter referred under 
                                        clause (i); and
                                            (bb) notify the 
                                        senior official of that 
                                        determination.
                                    (II) Investigation not 
                                initiated.--If the Inspector 
                                General notifies the senior 
                                official under subclause 
                                (I)(bb) that the Inspector 
                                General intended to initiate an 
                                audit or investigation, but 
                                does not initiate that audit or 
                                investigation within 90 days 
                                after providing that 
                                notification, the Inspector 
                                General shall further notify 
                                the senior official that an 
                                audit or investigation was not 
                                initiated. The further 
                                notification under this 
                                subclause shall be made not 
                                later than 3 days after the end 
                                of that 90-day period.
                            (iii) Investigation by senior 
                        official.--The senior official may 
                        investigate a matter referred under 
                        clause (i) if--
                                    (I) the Inspector General 
                                notifies the senior official 
                                under clause (ii)(I)(bb) that 
                                the Inspector General does not 
                                intend to initiate an audit or 
                                investigation relating to that 
                                matter; or
                                    (II) the Inspector General 
                                provides a further notification 
                                under clause (ii)(II) relating 
                                to that matter.
                            (iv) Privacy training.--Any 
                        employee of the Office of Inspector 
                        General who audits or investigates any 
                        matter referred under clause (i) shall 
                        be required to receive adequate 
                        training on privacy laws, rules, and 
                        regulations, to be provided by an 
                        entity approved by the Inspector 
                        General in consultation with the senior 
                        official appointed under subsection 
                        (a).
    (d) Notification to Congress on Removal.--If the Secretary 
removes the senior official appointed under subsection (a) or 
transfers that senior official to another position or location 
within the Department, the Secretary shall--
            (1) promptly submit a written notification of the 
        removal or transfer to Houses of Congress; and
            (2) include in any such notification the reasons 
        for the removal or transfer.
    (e) Reports by Senior Official to Congress.--The senior 
official appointed under subsection (a) shall--
            (1) submit reports directly to the Congress 
        regarding performance of the responsibilities of the 
        senior official under this section, without any prior 
        comment or amendment by the Secretary, Deputy 
        Secretary, or any other officer or employee of the 
        Department or the Office of Management and Budget; and
            (2) inform the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives not 
        later than--
                    (A) 30 days after the Secretary disapproves 
                the senior official's request for a subpoena 
                under subsection (b)(1)(C) or the Secretary 
                substantively modifies the requested subpoena; 
                or
                    (B) 45 days after the senior official's 
                request for a subpoena under subsection 
                (b)(1)(C), if that subpoena has not either been 
                approved or disapproved by the Secretary.

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

    In carrying out the responsibilities under section 201, the 
Under Secretary for Intelligence and Analysis, in cooperation 
with the Assistant Secretary for Infrastructure Protection 
shall--
            (1) as appropriate, provide to State and local 
        government entities, and upon request to private 
        entities that own or operate critical information 
        systems--
                    (A) analysis and warnings related to 
                threats to, and vulnerabilities of, critical 
                information systems; and
                    (B) in coordination with the Under 
                Secretary for Emergency Preparedness and 
                Response, crisis management support in response 
                to threats to, or attacks on, critical 
                information systems; and
            (2) as appropriate, provide technical assistance, 
        upon request, to the private sector and other 
        government entities, in coordination with the Under 
        Secretary for Emergency Preparedness and Response, with 
        respect to emergency recovery plans to respond to major 
        failures of critical information systems.

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

    The Assistant Secretary for Infrastructure Protection may 
establish a national technology guard, to be known as ``NET 
Guard'', comprised of local teams of volunteers with expertise 
in relevant areas of science and technology, to assist local 
communities to respond and recover from attacks on information 
systems and communications networks.

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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

              Subtitle D--Office of Science and Technology

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

    (a) Establishment.--
            (1) In general.--There is hereby established within 
        the Department of Justice an Office of Science and 
        Technology (hereinafter in this title referred to as 
        the ``Office'').
            (2) Authority.--The Office shall be under the 
        general authority of the Assistant Attorney General, 
        Office of Justice Programs, and shall be established 
        within the National Institute of Justice.
    (b) Director.--The Office shall be headed by a Director, 
who shall be an individual appointed based on approval by the 
Office of Personnel Management of the executive qualifications 
of the individual.

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

    (a) Mission.--The mission of the Office shall be--
            (1) to serve as the national focal point for work 
        on law enforcement technology; and
            (2) to carry out programs that, through the 
        provision of equipment, training, and technical 
        assistance, improve the safety and effectiveness of law 
        enforcement technology and improve access to such 
        technology by Federal, State, and local law enforcement 
        agencies.
    (b) Duties.--In carrying out its mission, the Office shall 
have the following duties:
            (1) To provide recommendations and advice to the 
        Attorney General.
            (2) To establish and maintain advisory groups 
        (which shall be exempt from the provisions of the 
        Federal Advisory Committee Act (5 U.S.C. App.)) to 
        assess the law enforcement technology needs of Federal, 
        State, and local law enforcement agencies.
            (3) To establish and maintain performance standards 
        in accordance with the National Technology Transfer and 
        Advancement Act of 1995 (Public Law 104-113) for, and 
        test and evaluate law enforcement technologies that may 
        be used by, Federal, State, and local law enforcement 
        agencies.
            (4) To establish and maintain a program to certify, 
        validate, and mark or otherwise recognize law 
        enforcement technology products that conform to 
        standards established and maintained by the Office in 
        accordance with the National Technology Transfer and 
        Advancement Act of 1995 (Public Law 104-113). The 
        program may, at the discretion of the Office, allow for 
        supplier's declaration of conformity with such 
        standards.
            (5) To work with other entities within the 
        Department of Justice, other Federal agencies, and the 
        executive office of the President to establish a 
        coordinated Federal approach on issues related to law 
        enforcement technology.
            (6) To carry out research, development, testing, 
        evaluation, and cost-benefit analyses in fields that 
        would improve the safety, effectiveness, and efficiency 
        of law enforcement technologies used by Federal, State, 
        and local law enforcement agencies, including, but not 
        limited to--
                    (A) weapons capable of preventing use by 
                unauthorized persons, including personalized 
                guns;
                    (B) protective apparel;
                    (C) bullet-resistant and explosion-
                resistant glass;
                    (D) monitoring systems and alarm systems 
                capable of providing precise location 
                information;
                    (E) wire and wireless interoperable 
                communication technologies;
                    (F) tools and techniques that facilitate 
                investigative and forensic work, including 
                computer forensics;
                    (G) equipment for particular use in 
                counterterrorism, including devices and 
                technologies to disable terrorist devices;
                    (H) guides to assist State and local law 
                enforcement agencies;
                    (I) DNA identification technologies; and
                    (J) tools and techniques that facilitate 
                investigations of computer crime.
            (7) To administer a program of research, 
        development, testing, and demonstration to improve the 
        interoperability of voice and data public safety 
        communications.
            (8) To serve on the Technical Support Working Group 
        of the Department of Defense, and on other relevant 
        interagency panels, as requested.
            (9) To develop, and disseminate to State and local 
        law enforcement agencies, technical assistance and 
        training materials for law enforcement personnel, 
        including prosecutors.
            (10) To operate the regional National Law 
        Enforcement and Corrections Technology Centers and, to 
        the extent necessary, establish additional centers 
        through a competitive process.
            (11) To administer a program of acquisition, 
        research, development, and dissemination of advanced 
        investigative analysis and forensic tools to assist 
        State and local law enforcement agencies in combating 
        cybercrime.
            (12) To support research fellowships in support of 
        its mission.
            (13) To serve as a clearinghouse for information on 
        law enforcement technologies.
            (14) To represent the United States and State and 
        local law enforcement agencies, as requested, in 
        international activities concerning law enforcement 
        technology.
            (15) To enter into contracts and cooperative 
        agreements and provide grants, which may require in-
        kind or cash matches from the recipient, as necessary 
        to carry out its mission.
            (16) To carry out other duties assigned by the 
        Attorney General to accomplish the mission of the 
        Office.
    (c) Competition Required.--Except as otherwise expressly 
provided by law, all research and development carried out by or 
through the Office shall be carried out on a competitive basis.
    (d) Information From Federal Agencies.--Federal agencies 
shall, upon request from the Office and in accordance with 
Federal law, provide the Office with any data, reports, or 
other information requested, unless compliance with such 
request is otherwise prohibited by law.
    (e) Publications.--Decisions concerning publications issued 
by the Office shall rest solely with the Director of the 
Office.
    (f) Transfer of Funds.--The Office may transfer funds to 
other Federal agencies or provide funding to non-Federal 
entities through grants, cooperative agreements, or contracts 
to carry out its duties under this section: Provided, That any 
such transfer or provision of funding shall be carried out in 
accordance with section 605 of Public Law 107-77.
    (g) Annual Report.--The Director of the Office shall 
include with the budget justification materials submitted to 
Congress in support of the Department of Justice budget for 
each fiscal year (as submitted with the budget of the President 
under section 1105(a) of title 31, United States Code) a report 
on the activities of the Office. Each such report shall include 
the following:
            (1) For the period of 5 fiscal years beginning with 
        the fiscal year for which the budget is submitted--
                    (A) the Director's assessment of the needs 
                of Federal, State, and local law enforcement 
                agencies for assistance with respect to law 
                enforcement technology and other matters 
                consistent with the mission of the Office; and
                    (B) a strategic plan for meeting such needs 
                of such law enforcement agencies.
            (2) For the fiscal year preceding the fiscal year 
        for which such budget is submitted, a description of 
        the activities carried out by the Office and an 
        evaluation of the extent to which those activities 
        successfully meet the needs assessed under paragraph 
        (1)(A) in previous reports.

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

    For the purposes of this title, the term ``law enforcement 
technology'' includes investigative and forensic technologies, 
corrections technologies, and technologies that support the 
judicial process.

SEC. 234. [6 U.S.C. 164] ABOLISHMENT OF OFFICE OF SCIENCE AND 
                    TECHNOLOGY OF NATIONAL INSTITUTE OF JUSTICE; 
                    TRANSFER OF FUNCTIONS.

    (a) Authority To Transfer Functions.--The Attorney General 
may transfer to the Office any other program or activity of the 
Department of Justice that the Attorney General, in 
consultation with the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of 
Representatives, determines to be consistent with the mission 
of the Office.
    (b) Transfer of Personnel and Assets.--With respect to any 
function, power, or duty, or any program or activity, that is 
established in the Office, those employees and assets of the 
element of the Department of Justice from which the transfer is 
made that the Attorney General determines are needed to perform 
that function, power, or duty, or for that program or activity, 
as the case may be, shall be transferred to the Office: 
Provided, That any such transfer shall be carried out in 
accordance with section 605 of Public Law 107-77.
    (c) Report on Implementation.--Not later than 1 year after 
the date of the enactment of this Act, the Attorney General 
shall submit to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of 
Representatives a report on the implementation of this title. 
The report shall--
            (1) provide an accounting of the amounts and 
        sources of funding available to the Office to carry out 
        its mission under existing authorizations and 
        appropriations, and set forth the future funding needs 
        of the Office; and
            (2) include such other information and 
        recommendations as the Attorney General considers 
        appropriate.

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

    (a) In General.--The Director of the Office shall operate 
and support National Law Enforcement and Corrections Technology 
Centers (hereinafter in this section referred to as 
``Centers'') and, to the extent necessary, establish new 
centers through a merit-based, competitive process.
    (b) Purpose of Centers.--The purpose of the Centers shall 
be to--
            (1) support research and development of law 
        enforcement technology;
            (2) support the transfer and implementation of 
        technology;
            (3) assist in the development and dissemination of 
        guidelines and technological standards; and
            (4) provide technology assistance, information, and 
        support for law enforcement, corrections, and criminal 
        justice purposes.
    (c) Annual Meeting.--Each year, the Director shall convene 
a meeting of the Centers in order to foster collaboration and 
communication between Center participants.
    (d) Report.--Not later than 12 months after the date of the 
enactment of this Act, the Director shall transmit to the 
Congress a report assessing the effectiveness of the existing 
system of Centers and identify the number of Centers necessary 
to meet the technology needs of Federal, State, and local law 
enforcement in the United States.

           *       *       *       *       *       *       *

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

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

    There shall be in the Department a Directorate of Science 
and Technology headed by an Under Secretary for Science and 
Technology.

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

    The Secretary, acting through the Under Secretary for 
Science and Technology, shall have the responsibility for--
            (1) advising the Secretary regarding research and 
        development efforts and priorities in support of the 
        Department's missions;
            (2) developing, in consultation with other 
        appropriate executive agencies, a national policy and 
        strategic plan for, identifying priorities, goals, 
        objectives and policies for, and coordinating the 
        Federal Government's civilian efforts to identify and 
        develop countermeasures to chemical, biological,, \1\ 
        and other emerging terrorist threats, including the 
        development of comprehensive, research-based definable 
        goals for such efforts and development of annual 
        measurable objectives and specific targets to 
        accomplish and evaluate the goals for such efforts;
---------------------------------------------------------------------------
    \1\ Two commas so in law. See section 501(b)(2)(A) of Public Law 
109-347 (120 Stat. 1935).
---------------------------------------------------------------------------
            (3) supporting the Under Secretary for Intelligence 
        and Analysis and the Assistant Secretary for 
        Infrastructure Protection, by assessing and testing 
        homeland security vulnerabilities and possible threats;
            (4) conducting basic and applied research, 
        development, demonstration, testing, and evaluation 
        activities that are relevant to any or all elements of 
        the Department, through both intramural and extramural 
        programs, except that such responsibility does not 
        extend to human health-related research and development 
        activities;
            (5) establishing priorities for, directing, 
        funding, and conducting national research, development, 
        test and evaluation, and procurement of technology and 
        systems for--
                    (A) preventing the importation of chemical, 
                biological,, \1\ and related weapons and 
                material; and
---------------------------------------------------------------------------
    \1\ Two commas so in law. See section 501(b)(2)(B) of Public Law 
109-347 (120 Stat. 1935).
---------------------------------------------------------------------------
                    (B) detecting, preventing, protecting 
                against, and responding to terrorist attacks;
            (6) establishing a system for transferring homeland 
        security developments or technologies to Federal, 
        State, local government, and private sector entities;
            (7) entering into work agreements, joint 
        sponsorships, contracts, or any other agreements with 
        the Department of Energy regarding the use of the 
        national laboratories or sites and support of the 
        science and technology base at those facilities;
            (8) collaborating with the Secretary of Agriculture 
        and the Attorney General as provided in section 212 of 
        the Agricultural Bioterrorism Protection Act of 2002 (7 
        U.S.C. 8401), as amended by section 1709(b);
            (9) collaborating with the Secretary of Health and 
        Human Services and the Attorney General in determining 
        any new biological agents and toxins that shall be 
        listed as ``select agents'' in Appendix A of part 72 of 
        title 42, Code of Federal Regulations, pursuant to 
        section 351A of the Public Health Service Act (42 
        U.S.C. 262a);
            (10) supporting United States leadership in science 
        and technology;
            (11) establishing and administering the primary 
        research and development activities of the Department, 
        including the long-term research and development needs 
        and capabilities for all elements of the Department;
            (12) coordinating and integrating all research, 
        development, demonstration, testing, and evaluation 
        activities of the Department;
            (13) coordinating with other appropriate executive 
        agencies in developing and carrying out the science and 
        technology agenda of the Department to reduce 
        duplication and identify unmet needs; and
            (14) developing and overseeing the administration 
        of guidelines for merit review of research and 
        development projects throughout the Department, and for 
        the dissemination of research conducted or sponsored by 
        the Department.

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

    In accordance with title XV, there shall be transferred to 
the Secretary the functions, personnel, assets, and liabilities 
of the following entities:
            (1) The following programs and activities of the 
        Department of Energy, including the functions of the 
        Secretary of Energy relating thereto (but not including 
        programs and activities relating to the strategic 
        nuclear defense posture of the United States):
                    (A) The chemical and biological national 
                security and supporting programs and activities 
                of the nonproliferation and verification 
                research and development program.
                    (B) The nuclear smuggling programs and 
                activities within the proliferation detection 
                program of the nonproliferation and 
                verification research and development program. 
                The programs and activities described in this 
                subparagraph may be designated by the President 
                either for transfer to the Department or for 
                joint operation by the Secretary and the 
                Secretary of Energy.
                    (C) The nuclear assessment program and 
                activities of the assessment, detection, and 
                cooperation program of the international 
                materials protection and cooperation program.
                    (D) Such life sciences activities of the 
                biological and environmental research program 
                related to microbial pathogens as may be 
                designated by the President for transfer to the 
                Department.
                    (E) The Environmental Measurements 
                Laboratory.
                    (F) The advanced scientific computing 
                research program and activities at Lawrence 
                Livermore National Laboratory.
            (2) The National Bio-Weapons Defense Analysis 
        Center of the Department of Defense, including the 
        functions of the Secretary of Defense related thereto.

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

    (a) In General.--With respect to civilian human health-
related research and development activities relating to 
countermeasures for chemical, biological, radiological, and 
nuclear and other emerging terrorist threats carried out by the 
Department of Health and Human Services (including the Public 
Health Service), the Secretary of Health and Human Services 
shall set priorities, goals, objectives, and policies and 
develop a coordinated strategy for such activities in 
collaboration with the Secretary of Homeland Security to ensure 
consistency with the national policy and strategic plan 
developed pursuant to section 302(2).
    (b) Evaluation of Progress.--In carrying out subsection 
(a), the Secretary of Health and Human Services shall 
collaborate with the Secretary in developing specific 
benchmarks and outcome measurements for evaluating progress 
toward achieving the priorities and goals described in such 
subsection.

           *       *       *       *       *       *       *

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

    The Secretary, acting through the Under Secretary for 
Science and Technology, shall have the authority to establish 
or contract with 1 or more federally funded research and 
development centers to provide independent analysis of homeland 
security issues, or to carry out other responsibilities under 
this Act, including coordinating and integrating both the 
extramural and intramural programs described in section 308.

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

    (a) Classification.--To the greatest extent practicable, 
research conducted or supported by the Department shall be 
unclassified.
    (b) Construction.--Nothing in this title shall be construed 
to preclude any Under Secretary of the Department from carrying 
out research, development, demonstration, or deployment 
activities, as long as such activities are coordinated through 
the Under Secretary for Science and Technology.
    (c) Regulations.--The Secretary, acting through the Under 
Secretary for Science and Technology, may issue necessary 
regulations with respect to research, development, 
demonstration, testing, and evaluation activities of the 
Department, including the conducting, funding, and reviewing of 
such activities.
    (d) Notification of Presidential Life Sciences 
Designations.--Not later than 60 days before effecting any 
transfer of Department of Energy life sciences activities 
pursuant to section 303(1)(D) of this Act, the President shall 
notify the appropriate congressional committees of the proposed 
transfer and shall include the reasons for the transfer and a 
description of the effect of the transfer on the activities of 
the Department of Energy.

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

    (a) Definitions.--In this section:
            (1) Fund.--The term ``Fund'' means the Acceleration 
        Fund for Research and Development of Homeland Security 
        Technologies established in subsection (c).
            (2) Homeland security research.--The term 
        ``homeland security research'' means research relevant 
        to the detection of, prevention of, protection against, 
        response to, attribution of, and recovery from homeland 
        security threats, particularly acts of terrorism.
            (3) HSARPA.--The term ``HSARPA'' means the Homeland 
        Security Advanced Research Projects Agency established 
        in subsection (b).
            (4) Under secretary.--The term ``Under Secretary'' 
        means the Under Secretary for Science and Technology.
    (b) Homeland Security Advanced Research Projects Agency.--
            (1) Establishment.--There is established the 
        Homeland Security Advanced Research Projects Agency.
            (2) Director.--HSARPA shall be headed by a 
        Director, who shall be appointed by the Secretary. The 
        Director shall report to the Under Secretary.
            (3) Responsibilities.--The Director shall 
        administer the Fund to award competitive, merit-
        reviewed grants, cooperative agreements or contracts to 
        public or private entities, including businesses, 
        federally funded research and development centers, and 
        universities. The Director shall administer the Fund 
        to--
                    (A) support basic and applied homeland 
                security research to promote revolutionary 
                changes in technologies that would promote 
                homeland security;
                    (B) advance the development, testing and 
                evaluation, and deployment of critical homeland 
                security technologies; and
                    (C) accelerate the prototyping and 
                deployment of technologies that would address 
                homeland security vulnerabilities.
            (4) Targeted competitions.--The Director may 
        solicit proposals to address specific vulnerabilities 
        identified by the Director.
            (5) Coordination.--The Director shall ensure that 
        the activities of HSARPA are coordinated with those of 
        other relevant research agencies, and may run projects 
        jointly with other agencies.
            (6) Personnel.--In hiring personnel for HSARPA, the 
        Secretary shall have the hiring and management 
        authorities described in section 1101 of the Strom 
        Thurmond National Defense Authorization Act for Fiscal 
        Year 1999 (5 U.S.C. 3104 note; Public Law 105-261). The 
        term of appointments for employees under subsection 
        (c)(1) of that section may not exceed 5 years before 
        the granting of any extension under subsection (c)(2) 
        of that section.
            (7) Demonstrations.--The Director, periodically, 
        shall hold homeland security technology demonstrations 
        to improve contact among technology developers, vendors 
        and acquisition personnel.
    (c) Fund.--
            (1) Establishment.--There is established the 
        Acceleration Fund for Research and Development of 
        Homeland Security Technologies, which shall be 
        administered by the Director of HSARPA.
            (2) Authorization of appropriations.--There are 
        authorized to be appropriated $500,000,000 to the Fund 
        for fiscal year 2003 and such sums as may be necessary 
        thereafter.
            (3) Coast guard.--Of the funds authorized to be 
        appropriated under paragraph (2), not less than 10 
        percent of such funds for each fiscal year through 
        fiscal year 2005 shall be authorized only for the Under 
        Secretary, through joint agreement with the Commandant 
        of the Coast Guard, to carry out research and 
        development of improved ports, waterways and coastal 
        security surveillance and perimeter protection 
        capabilities for the purpose of minimizing the 
        possibility that Coast Guard cutters, aircraft, 
        helicopters, and personnel will be diverted from non-
        homeland security missions to the ports, waterways and 
        coastal security mission.

SEC. 308. [6 U.S.C. 188] CONDUCT OF RESEARCH, DEVELOPMENT, 
                    DEMONSTRATION, TESTING AND EVALUATION.

    (a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall carry out the 
responsibilities under section 302(4) through both extramural 
and intramural programs.
    (b) Extramural Programs.--
            (1) In general.--The Secretary, acting through the 
        Under Secretary for Science and Technology, shall 
        operate extramural research, development, 
        demonstration, testing, and evaluation programs so as 
        to--
                    (A) ensure that colleges, universities, 
                private research institutes, and companies (and 
                consortia thereof) from as many areas of the 
                United States as practicable participate;
                    (B) ensure that the research funded is of 
                high quality, as determined through merit 
                review processes developed under section 
                302(14); and
                    (C) distribute funds through grants, 
                cooperative agreements, and contracts.
            (2) University-based centers for homeland 
        security.--
                    (A) Designation.--The Secretary, acting 
                through the Under Secretary for Science and 
                Technology, shall designate a university-based 
                center or several university-based centers for 
                homeland security. The purpose of the center or 
                these centers shall be to establish a 
                coordinated, university-based system to enhance 
                the Nation's homeland security.
                    (B) Criteria for designation.--Criteria for 
                the designation of colleges or universities as 
                a center for homeland security, shall include, 
                but are not limited to, demonstrated expertise 
                in--
                            (i) The training of first 
                        responders.
                            (ii) Responding to incidents 
                        involving weapons of mass destruction 
                        and biological warfare.
                            (iii) Emergency and diagnostic 
                        medical services.
                            (iv) Chemical, biological, 
                        radiological, and nuclear 
                        countermeasures or detection.
                            (v) Animal and plant health and 
                        diagnostics.
                            (vi) Food safety.
                            (vii) Water and wastewater 
                        operations.
                            (viii) Port and waterway security.
                            (ix) Multi-modal transportation.
                            (x) Information security and 
                        information engineering.
                            (xi) Engineering.
                            (xii) Educational outreach and 
                        technical assistance.
                            (xiii) Border transportation and 
                        security.
                            (xiv) The public policy 
                        implications and public dissemination 
                        of homeland security related research 
                        and development.
                    (C) Discretion of secretary.--To the extent 
                that exercising such discretion is in the 
                interest of homeland security, and with respect 
                to the designation of any given university-
                based center for homeland security, the 
                Secretary may except certain criteria as 
                specified in section 308(b)(2)(B) and consider 
                additional criteria beyond those specified in 
                section 308(b)(2)(B). Upon designation of a 
                university-based center for homeland security, 
                the Secretary shall that day publish in the 
                Federal Register the criteria that were 
                excepted or added in the selection process and 
                the justification for the set of criteria that 
                were used for that designation.
                    (D) Report to congress.--The Secretary 
                shall report annually, from the date of 
                enactment, to Congress concerning the 
                implementation of this section. That report 
                shall indicate which center or centers have 
                been designated and how the designation or 
                designations enhance homeland security, as well 
                as report any decisions to revoke or modify 
                such designations.
                    (E) Authorization of appropriations.--There 
                are authorized to be appropriated such sums as 
                may be necessary to carry out this paragraph.
    (c) Intramural Programs.--
            (1) Consultation.--In carrying out the duties under 
        section 302, the Secretary, acting through the Under 
        Secretary for Science and Technology, may draw upon the 
        expertise of any laboratory of the Federal Government, 
        whether operated by a contractor or the Government.
            (2) Laboratories.--The Secretary, acting through 
        the Under Secretary for Science and Technology, may 
        establish a headquarters laboratory for the Department 
        at any laboratory or site and may establish additional 
        laboratory units at other laboratories or sites.
            (3) Criteria for headquarters laboratory.--If the 
        Secretary chooses to establish a headquarters 
        laboratory pursuant to paragraph (2), then the 
        Secretary shall do the following:
                    (A) Establish criteria for the selection of 
                the headquarters laboratory in consultation 
                with the National Academy of Sciences, 
                appropriate Federal agencies, and other 
                experts.
                    (B) Publish the criteria in the Federal 
                Register.
                    (C) Evaluate all appropriate laboratories 
                or sites against the criteria.
                    (D) Select a laboratory or site on the 
                basis of the criteria.
                    (E) Report to the appropriate congressional 
                committees on which laboratory was selected, 
                how the selected laboratory meets the published 
                criteria, and what duties the headquarters 
                laboratory shall perform.
            (4) Limitation on operation of laboratories.--No 
        laboratory shall begin operating as the headquarters 
        laboratory of the Department until at least 30 days 
        after the transmittal of the report required by 
        paragraph (3)(E).

SEC. 309. [6 U.S.C. 189] UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL 
                    LABORATORIES AND SITES IN SUPPORT OF HOMELAND 
                    SECURITY ACTIVITIES.

    (a) Authority to Utilize National Laboratories and Sites.--
            (1) In general.--In carrying out the missions of 
        the Department, the Secretary may utilize the 
        Department of Energy national laboratories and sites 
        through any 1 or more of the following methods, as the 
        Secretary considers appropriate:
                    (A) A joint sponsorship arrangement 
                referred to in subsection (b).
                    (B) A direct contract between the 
                Department and the applicable Department of 
                Energy laboratory or site, subject to 
                subsection (c).
                    (C) Any ``work for others'' basis made 
                available by that laboratory or site.
                    (D) Any other method provided by law.
            (2) Acceptance and Performance by Labs and Sites.--
        Notwithstanding any other law governing the 
        administration, mission, use, or operations of any of 
        the Department of Energy national laboratories and 
        sites, such laboratories and sites are authorized to 
        accept and perform work for the Secretary, consistent 
        with resources provided, and perform such work on an 
        equal basis to other missions at the laboratory and not 
        on a noninterference basis with other missions of such 
        laboratory or site.
    (b) Joint Sponsorship Arrangements.--
            (1) Laboratories.--The Department may be a joint 
        sponsor, under a multiple agency sponsorship 
        arrangement with the Department of Energy, of 1 or more 
        Department of Energy national laboratories in the 
        performance of work.
            (2) Sites.--The Department may be a joint sponsor 
        of a Department of Energy site in the performance of 
        work as if such site were a federally funded research 
        and development center and the work were performed 
        under a multiple agency sponsorship arrangement with 
        the Department.
            (3) Primary sponsor.--The Department of Energy 
        shall be the primary sponsor under a multiple agency 
        sponsorship arrangement referred to in paragraph (1) or 
        (2).
            (4) Lead agent.--The Secretary of Energy shall act 
        as the lead agent in coordinating the formation and 
        performance of a joint sponsorship arrangement under 
        this subsection between the Department and a Department 
        of Energy national laboratory or site.
            (5) Federal acquisition regulation.--Any work 
        performed by a Department of Energy national laboratory 
        or site under a joint sponsorship arrangement under 
        this subsection shall comply with the policy on the use 
        of federally funded research and development centers 
        under the Federal Acquisition Regulations.
            (6) Funding.--The Department shall provide funds 
        for work at the Department of Energy national 
        laboratories or sites, as the case may be, under a 
        joint sponsorship arrangement under this subsection 
        under the same terms and conditions as apply to the 
        primary sponsor of such national laboratory under 
        section 303(b)(1)(C) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 
        253(b)(1)(C)) or of such site to the extent such 
        section applies to such site as a federally funded 
        research and development center by reason of this 
        subsection.
    (c) Separate Contracting.--To the extent that programs or 
activities transferred by this Act from the Department of 
Energy to the Department of Homeland Security are being carried 
out through direct contracts with the operator of a national 
laboratory or site of the Department of Energy, the Secretary 
of Homeland Security and the Secretary of Energy shall ensure 
that direct contracts for such programs and activities between 
the Department of Homeland Security and such operator are 
separate from the direct contracts of the Department of Energy 
with such operator.
    (d) Authority With Respect to Cooperative Research and 
Development Agreements and Licensing Agreements.--In connection 
with any utilization of the Department of Energy national 
laboratories and sites under this section, the Secretary may 
permit the director of any such national laboratory or site to 
enter into cooperative research and development agreements or 
to negotiate licensing agreements with any person, any agency 
or instrumentality, of the United States, any unit of State or 
local government, and any other entity under the authority 
granted by section 12 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710a). Technology may be 
transferred to a non-Federal party to such an agreement 
consistent with the provisions of sections 11 and 12 of that 
Act (15 U.S.C. 3710, 3710a).
    (e) Reimbursement of Costs.--In the case of an activity 
carried out by the operator of a Department of Energy national 
laboratory or site in connection with any utilization of such 
laboratory or site under this section, the Department of 
Homeland Security shall reimburse the Department of Energy for 
costs of such activity through a method under which the 
Secretary of Energy waives any requirement for the Department 
of Homeland Security to pay administrative charges or personnel 
costs of the Department of Energy or its contractors in excess 
of the amount that the Secretary of Energy pays for an activity 
carried out by such contractor and paid for by the Department 
of Energy.
    (f) Laboratory Directed Research and Development by the 
Department of Energy.--No funds authorized to be appropriated 
or otherwise made available to the Department in any fiscal 
year may be obligated or expended for laboratory directed 
research and development activities carried out by the 
Department of Energy unless such activities support the 
missions of the Department of Homeland Security.
    (g) Office for National Laboratories.--There is established 
within the Directorate of Science and Technology an Office for 
National Laboratories, which shall be responsible for the 
coordination and utilization of the Department of Energy 
national laboratories and sites under this section in a manner 
to create a networked laboratory system for the purpose of 
supporting the missions of the Department.
    (h) Department of Energy Coordination on Homeland Security 
Related Research.--The Secretary of Energy shall ensure that 
any research, development, test, and evaluation activities 
conducted within the Department of Energy that are directly or 
indirectly related to homeland security are fully coordinated 
with the Secretary to minimize duplication of effort and 
maximize the effective application of Federal budget resources.

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

    (a) In General.--In accordance with title XV, the Secretary 
of Agriculture shall transfer to the Secretary of Homeland 
Security the Plum Island Animal Disease Center of the 
Department of Agriculture, including the assets and liabilities 
of the Center.
    (b) Continued Department of Agriculture Access.--On 
completion of the transfer of the Plum Island Animal Disease 
Center under subsection (a), the Secretary of Homeland Security 
and the Secretary of Agriculture shall enter into an agreement 
to ensure that the Department of Agriculture is able to carry 
out research, diagnostic, and other activities of the 
Department of Agriculture at the Center.
    (c) Direction of Activities.--The Secretary of Agriculture 
shall continue to direct the research, diagnostic, and other 
activities of the Department of Agriculture at the Center 
described in subsection (b).
    (d) Notification.--
            (1) In general.--At least 180 days before any 
        change in the biosafety level at the Plum Island Animal 
        Disease Center, the President shall notify Congress of 
        the change and describe the reasons for the change.
            (2) Limitation.--No change described in paragraph 
        (1) may be made earlier than 180 days after the 
        completion of the transition period (as defined in 
        section 1501).

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

    (a) Establishment.--There is established within the 
Department a Homeland Security Science and Technology Advisory 
Committee (in this section referred to as the ``Advisory 
Committee''). The Advisory Committee shall make recommendations 
with respect to the activities of the Under Secretary for 
Science and Technology, including identifying research areas of 
potential importance to the security of the Nation.
    (b) Membership.--
            (1) Appointment.--The Advisory Committee shall 
        consist of 20 members appointed by the Under Secretary 
        for Science and Technology, which shall include 
        emergency first-responders or representatives of 
        organizations or associations of emergency first-
        responders. The Advisory Committee shall also include 
        representatives of citizen groups, including 
        economically disadvantaged communities. The individuals 
        appointed as members of the Advisory Committee--
                    (A) shall be eminent in fields such as 
                emergency response, research, engineering, new 
                product development, business, and management 
                consulting;
                    (B) shall be selected solely on the basis 
                of established records of distinguished 
                service;
                    (C) shall not be employees of the Federal 
                Government; and
                    (D) shall be so selected as to provide 
                representation of a cross-section of the 
                research, development, demonstration, and 
                deployment activities supported by the Under 
                Secretary for Science and Technology.
            (2) National research council.--The Under Secretary 
        for Science and Technology may enter into an 
        arrangement for the National Research Council to select 
        members of the Advisory Committee, but only if the 
        panel used by the National Research Council reflects 
        the representation described in paragraph (1).
    (c) Terms of Office.--
            (1) In general.--Except as otherwise provided in 
        this subsection, the term of office of each member of 
        the Advisory Committee shall be 3 years.
            (2) Original appointments.--The original members of 
        the Advisory Committee shall be appointed to three 
        classes. One class of six shall have a term of 1 year, 
        one class of seven a term of 2 years, and one class of 
        seven a term of 3 years.
            (3) Vacancies.--A member appointed to fill a 
        vacancy occurring before the expiration of the term for 
        which the member's predecessor was appointed shall be 
        appointed for the remainder of such term.
    (d) Eligibility.--A person who has completed two 
consecutive full terms of service on the Advisory Committee 
shall thereafter be ineligible for appointment during the 1-
year period following the expiration of the second such term.
    (e) Meetings.--The Advisory Committee shall meet at least 
quarterly at the call of the Chair or whenever one-third of the 
members so request in writing. Each member shall be given 
appropriate notice of the call of each meeting, whenever 
possible not less than 15 days before the meeting.
    (f) Quorum.--A majority of the members of the Advisory 
Committee not having a conflict of interest in the matter being 
considered by the Advisory Committee shall constitute a quorum.
    (g) Conflict of Interest Rules.--The Advisory Committee 
shall establish rules for determining when 1 of its members has 
a conflict of interest in a matter being considered by the 
Advisory Committee.
    (h) Reports.--
            (1) Annual report.--The Advisory Committee shall 
        render an annual report to the Under Secretary for 
        Science and Technology for transmittal to Congress on 
        or before January 31 of each year. Such report shall 
        describe the activities and recommendations of the 
        Advisory Committee during the previous year.
            (2) Additional reports.--The Advisory Committee may 
        render to the Under Secretary for transmittal to 
        Congress such additional reports on specific policy 
        matters as it considers appropriate.
    (i) Federal Advisory Committee Act Exemption.--Section 14 
of the Federal Advisory Committee Act shall not apply to the 
Advisory Committee.
    (j) Termination.--The Department of Homeland Security 
Science and Technology Advisory Committee shall terminate on 
December 31, 2008.

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

    (a) Establishment.--The Secretary shall establish a 
federally funded research and development center to be known as 
the ``Homeland Security Institute'' (in this section referred 
to as the ``Institute'').
    (b) Administration.--The Institute shall be administered as 
a separate entity by the Secretary.
    (c) Duties.--The duties of the Institute shall be 
determined by the Secretary, and may include the following:
            (1) Systems analysis, risk analysis, and simulation 
        and modeling to determine the vulnerabilities of the 
        Nation's critical infrastructures and the effectiveness 
        of the systems deployed to reduce those 
        vulnerabilities.
            (2) Economic and policy analysis to assess the 
        distributed costs and benefits of alternative 
        approaches to enhancing security.
            (3) Evaluation of the effectiveness of measures 
        deployed to enhance the security of institutions, 
        facilities, and infrastructure that may be terrorist 
        targets.
            (4) Identification of instances when common 
        standards and protocols could improve the 
        interoperability and effective utilization of tools 
        developed for field operators and first responders.
            (5) Assistance for Federal agencies and departments 
        in establishing testbeds to evaluate the effectiveness 
        of technologies under development and to assess the 
        appropriateness of such technologies for deployment.
            (6) Design of metrics and use of those metrics to 
        evaluate the effectiveness of homeland security 
        programs throughout the Federal Government, including 
        all national laboratories.
            (7) Design of and support for the conduct of 
        homeland security-related exercises and simulations.
            (8) Creation of strategic technology development 
        plans to reduce vulnerabilities in the Nation's 
        critical infrastructure and key resources.
    (d) Consultation on Institute Activities.--In carrying out 
the duties described in subsection (c), the Institute shall 
consult widely with representatives from private industry, 
institutions of higher education, nonprofit institutions, other 
Government agencies, and federally funded research and 
development centers.
    (e) Use of Centers.--The Institute shall utilize the 
capabilities of the National Infrastructure Simulation and 
Analysis Center.
    (f) Annual Reports.--The Institute shall transmit to the 
Secretary and Congress an annual report on the activities of 
the Institute under this section.
    (g) Termination.--The Homeland Security Institute shall 
terminate 5 years after its establishment.

SEC. 313. [6 U.S.C. 193] TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND 
                    SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND 
                    SECURITY.

    (a) Establishment of Program.--The Secretary, acting 
through the Under Secretary for Science and Technology, shall 
establish and promote a program to encourage technological 
innovation in facilitating the mission of the Department (as 
described in section 101).
    (b) Elements of Program.--The program described in 
subsection (a) shall include the following components:
            (1) The establishment of a centralized Federal 
        clearinghouse for information relating to technologies 
        that would further the mission of the Department for 
        dissemination, as appropriate, to Federal, State, and 
        local government and private sector entities for 
        additional review, purchase, or use.
            (2) The issuance of announcements seeking unique 
        and innovative technologies to advance the mission of 
        the Department.
            (3) The establishment of a technical assistance 
        team to assist in screening, as appropriate, proposals 
        submitted to the Secretary (except as provided in 
        subsection (c)(2)) to assess the feasibility, 
        scientific and technical merits, and estimated cost of 
        such proposals, as appropriate.
            (4) The provision of guidance, recommendations, and 
        technical assistance, as appropriate, to assist 
        Federal, State, and local government and private sector 
        efforts to evaluate and implement the use of 
        technologies described in paragraph (1) or (2).
            (5) The provision of information for persons 
        seeking guidance on how to pursue proposals to develop 
        or deploy technologies that would enhance homeland 
        security, including information relating to Federal 
        funding, regulation, or acquisition.
    (c) Miscellaneous Provisions.--
            (1) In general.--Nothing in this section shall be 
        construed as authorizing the Secretary or the technical 
        assistance team established under subsection (b)(3) to 
        set standards for technology to be used by the 
        Department, any other executive agency, any State or 
        local government entity, or any private sector entity.
            (2) Certain proposals.--The technical assistance 
        team established under subsection (b)(3) shall not 
        consider or evaluate proposals submitted in response to 
        a solicitation for offers for a pending procurement or 
        for a specific agency requirement.
            (3) Coordination.--In carrying out this section, 
        the Secretary shall coordinate with the Technical 
        Support Working Group (organized under the April 1982 
        National Security Decision Directive Numbered 30).

SEC. 314. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

    (a) Clarification of Responsibilities.--The Director of the 
Office for Interoperability and Compatibility shall--
            (1) assist the Secretary in developing and 
        implementing the science and technology aspects of the 
        program described in subparagraphs (D), (E), (F), and 
        (G) of section 7303(a)(1) of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (6 U.S.C. 
        194(a)(1));
            (2) in coordination with the Federal Communications 
        Commission, the National Institute of Standards and 
        Technology, and other Federal departments and agencies 
        with responsibility for standards, support the creation 
        of national voluntary consensus standards for 
        interoperable emergency communications;
            (3) establish a comprehensive research, 
        development, testing, and evaluation program for 
        improving interoperable emergency communications;
            (4) establish, in coordination with the Director 
        for Emergency Communications, requirements for 
        interoperable emergency communications capabilities, 
        which shall be nonproprietary where standards for such 
        capabilities exist, for all public safety radio and 
        data communications systems and equipment purchased 
        using homeland security assistance administered by the 
        Department, excluding any alert and warning device, 
        technology, or system;
            (5) carry out the Department's responsibilities and 
        authorities relating to research, development, testing, 
        evaluation, or standards-related elements of the 
        SAFECOM Program;
            (6) evaluate and assess new technology in real-
        world environments to achieve interoperable emergency 
        communications capabilities;
            (7) encourage more efficient use of existing 
        resources, including equipment, to achieve 
        interoperable emergency communications capabilities;
            (8) test public safety communications systems that 
        are less prone to failure, support new nonvoice 
        services, use spectrum more efficiently, and cost less 
        than existing systems;
            (9) coordinate with the private sector to develop 
        solutions to improve emergency communications 
        capabilities and achieve interoperable emergency 
        communications capabilities; and
            (10) conduct pilot projects, in coordination with 
        the Director for Emergency Communications, to test and 
        demonstrate technologies, including data and video, 
        that enhance--
                    (A) the ability of emergency response 
                providers and relevant government officials to 
                continue to communicate in the event of natural 
                disasters, acts of terrorism, and other man-
                made disasters; and
                    (B) interoperable emergency communications 
                capabilities.
    (b) Coordination.--The Director of the Office for 
Interoperability and Compatibility shall coordinate with the 
Director for Emergency Communications with respect to the 
SAFECOM program.
    (c) Sufficiency of Resources.--The Secretary shall provide 
the Office for Interoperability and Compatibility the resources 
and staff necessary to carry out the responsibilities under 
this section.

SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND 
                    DEVELOPMENT.

    (a) In General.--The Under Secretary for Science and 
Technology, acting through the Director of the Office for 
Interoperability and Compatibility, shall establish a 
comprehensive research and development program to support and 
promote--
            (1) the ability of emergency response providers and 
        relevant government officials to continue to 
        communicate in the event of natural disasters, acts of 
        terrorism, and other man-made disasters; and
            (2) interoperable emergency communications 
        capabilities among emergency response providers and 
        relevant government officials, including by--
                    (A) supporting research on a competitive 
                basis, including through the Directorate of 
                Science and Technology and Homeland Security 
                Advanced Research Projects Agency; and
                    (B) considering the establishment of a 
                Center of Excellence under the Department of 
                Homeland Security Centers of Excellence Program 
                focused on improving emergency response 
                providers' communication capabilities.
    (b) Purposes.--The purposes of the program established 
under subsection (a) include--
            (1) supporting research, development, testing, and 
        evaluation on emergency communication capabilities;
            (2) understanding the strengths and weaknesses of 
        the public safety communications systems in use;
            (3) examining how current and emerging technology 
        can make emergency response providers more effective, 
        and how Federal, State, local, and tribal government 
        agencies can use this technology in a coherent and 
        cost-effective manner;
            (4) investigating technologies that could lead to 
        long-term advancements in emergency communications 
        capabilities and supporting research on advanced 
        technologies and potential systemic changes to 
        dramatically improve emergency communications; and
            (5) evaluating and validating advanced technology 
        concepts, and facilitating the development and 
        deployment of interoperable emergency communication 
        capabilities.
    (c) Definitions.--For purposes of this section, the term 
``interoperable'', with respect to emergency communications, 
has the meaning given the term in section 1808.

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

    (a) Establishment.--The Secretary shall establish, operate, 
and maintain a National Biosurveillance Integration Center 
(referred to in this section as the ``NBIC''), which shall be 
headed by a Directing Officer, under an office or directorate 
of the Department that is in existence as of the date of the 
enactment of this section.
    (b) Primary Mission.--The primary mission of the NBIC is 
to--
            (1) enhance the capability of the Federal 
        Government to--
                    (A) rapidly identify, characterize, 
                localize, and track a biological event of 
                national concern by integrating and analyzing 
                data relating to human health, animal, plant, 
                food, and environmental monitoring systems 
                (both national and international); and
                    (B) disseminate alerts and other 
                information to Member Agencies and, in 
                coordination with (and where possible through) 
                Member Agencies, to agencies of State, local, 
                and tribal governments, as appropriate, to 
                enhance the ability of such agencies to respond 
                to a biological event of national concern; and
            (2) oversee development and operation of the 
        National Biosurveillance Integration System.
    (c) Requirements.--The NBIC shall detect, as early as 
possible, a biological event of national concern that presents 
a risk to the United States or the infrastructure or key assets 
of the United States, including by--
            (1) consolidating data from all relevant 
        surveillance systems maintained by Member Agencies to 
        detect biological events of national concern across 
        human, animal, and plant species;
            (2) seeking private sources of surveillance, both 
        foreign and domestic, when such sources would enhance 
        coverage of critical surveillance gaps;
            (3) using an information technology system that 
        uses the best available statistical and other 
        analytical tools to identify and characterize 
        biological events of national concern in as close to 
        real-time as is practicable;
            (4) providing the infrastructure for such 
        integration, including information technology systems 
        and space, and support for personnel from Member 
        Agencies with sufficient expertise to enable analysis 
        and interpretation of data;
            (5) working with Member Agencies to create 
        information technology systems that use the minimum 
        amount of patient data necessary and consider patient 
        confidentiality and privacy issues at all stages of 
        development and apprise the Privacy Officer of such 
        efforts; and
            (6) alerting Member Agencies and, in coordination 
        with (and where possible through) Member Agencies, 
        public health agencies of State, local, and tribal 
        governments regarding any incident that could develop 
        into a biological event of national concern.
    (d) Responsibilities of the Directing Officer of the 
NBIC.--
            (1) In general.--The Directing Officer of the NBIC 
        shall--
                    (A) on an ongoing basis, monitor the 
                availability and appropriateness of 
                surveillance systems used by the NBIC and those 
                systems that could enhance biological 
                situational awareness or the overall 
                performance of the NBIC;
                    (B) on an ongoing basis, review and seek to 
                improve the statistical and other analytical 
                methods used by the NBIC;
                    (C) receive and consider other relevant 
                homeland security information, as appropriate; 
                and
                    (D) provide technical assistance, as 
                appropriate, to all Federal, regional, State, 
                local, and tribal government entities and 
                private sector entities that contribute data 
                relevant to the operation of the NBIC.
            (2) Assessments.--The Directing Officer of the NBIC 
        shall--
                    (A) on an ongoing basis, evaluate available 
                data for evidence of a biological event of 
                national concern; and
                    (B) integrate homeland security information 
                with NBIC data to provide overall situational 
                awareness and determine whether a biological 
                event of national concern has occurred.
            (3) Information sharing.--
                    (A) In general.--The Directing Officer of 
                the NBIC shall--
                            (i) establish a method of real-time 
                        communication with the National 
                        Operations Center;
                            (ii) in the event that a biological 
                        event of national concern is detected, 
                        notify the Secretary and disseminate 
                        results of NBIC assessments relating to 
                        that biological event of national 
                        concern to appropriate Federal response 
                        entities and, in coordination with 
                        relevant Member Agencies, regional, 
                        State, local, and tribal governmental 
                        response entities in a timely manner;
                            (iii) provide any report on NBIC 
                        assessments to Member Agencies and, in 
                        coordination with relevant Member 
                        Agencies, any affected regional, State, 
                        local, or tribal government, and any 
                        private sector entity considered 
                        appropriate that may enhance the 
                        mission of such Member Agencies, 
                        governments, or entities or the ability 
                        of the Nation to respond to biological 
                        events of national concern; and
                            (iv) share NBIC incident or 
                        situational awareness reports, and 
                        other relevant information, consistent 
                        with the information sharing 
                        environment established under section 
                        1016 of the Intelligence Reform and 
                        Terrorism Prevention Act of 2004 (6 
                        U.S.C. 485) and any policies, 
                        guidelines, procedures, instructions, 
                        or standards established under that 
                        section.
                    (B) Consultation.--The Directing Officer of 
                the NBIC shall implement the activities 
                described in subparagraph (A) consistent with 
                the policies, guidelines, procedures, 
                instructions, or standards established under 
                section 1016 of the Intelligence Reform and 
                Terrorism Prevention Act of 2004 (6 U.S.C. 485) 
                and in consultation with the Director of 
                National Intelligence, the Under Secretary for 
                Intelligence and Analysis, and other offices or 
                agencies of the Federal Government, as 
                appropriate.
    (e) Responsibilities of the NBIC Member Agencies.--
            (1) In general.--Each Member Agency shall--
                    (A) use its best efforts to integrate 
                biosurveillance information into the NBIC, with 
                the goal of promoting information sharing 
                between Federal, State, local, and tribal 
                governments to detect biological events of 
                national concern;
                    (B) provide timely information to assist 
                the NBIC in maintaining biological situational 
                awareness for accurate detection and response 
                purposes;
                    (C) enable the NBIC to receive and use 
                biosurveillance information from member 
                agencies to carry out its requirements under 
                subsection (c);
                    (D) connect the biosurveillance data 
                systems of that Member Agency to the NBIC data 
                system under mutually agreed protocols that are 
                consistent with subsection (c)(5);
                    (E) participate in the formation of 
                strategy and policy for the operation of the 
                NBIC and its information sharing;
                    (F) provide personnel to the NBIC under an 
                interagency personnel agreement and consider 
                the qualifications of such personnel necessary 
                to provide human, animal, and environmental 
                data analysis and interpretation support to the 
                NBIC; and
                    (G) retain responsibility for the 
                surveillance and intelligence systems of that 
                department or agency, if applicable.
    (f) Administrative Authorities.--
            (1) Hiring of experts.--The Directing Officer of 
        the NBIC shall hire individuals with the necessary 
        expertise to develop and operate the NBIC.
            (2) Detail of personnel.--Upon the request of the 
        Directing Officer of the NBIC, the head of any Federal 
        department or agency may detail, on a reimbursable 
        basis, any of the personnel of that department or 
        agency to the Department to assist the NBIC in carrying 
        out this section.
    (g) NBIC Interagency Working Group.--The Directing Officer 
of the NBIC shall--
            (1) establish an interagency working group to 
        facilitate interagency cooperation and to advise the 
        Directing Officer of the NBIC regarding recommendations 
        to enhance the biosurveillance capabilities of the 
        Department; and
            (2) invite Member Agencies to serve on that working 
        group.
    (h) Relationship to Other Departments and Agencies.--The 
authority of the Directing Officer of the NBIC under this 
section shall not affect any authority or responsibility of any 
other department or agency of the Federal Government with 
respect to biosurveillance activities under any program 
administered by that department or agency.
    (i) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.
    (j) Definitions.--In this section:
            (1) The terms ``biological agent'' and ``toxin'' 
        have the meanings given those terms in section 178 of 
        title 18, United States Code.
            (2) The term ``biological event of national 
        concern'' means--
                    (A) an act of terrorism involving a 
                biological agent or toxin; or
                    (B) a naturally occurring outbreak of an 
                infectious disease that may result in a 
                national epidemic.
            (3) The term ``homeland security information'' has 
        the meaning given that term in section 892.
            (4) The term ``Member Agency'' means any Federal 
        department or agency that, at the discretion of the 
        head of that department or agency, has entered a 
        memorandum of understanding regarding participation in 
        the NBIC.
            (5) The term ``Privacy Officer'' means the Privacy 
        Officer appointed under section 222.

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

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the 
        Director selected under subsection (b)(2).
            (2) International cooperative activity.--The term 
        ``international cooperative activity'' includes--
                    (A) coordinated research projects, joint 
                research projects, or joint ventures;
                    (B) joint studies or technical 
                demonstrations;
                    (C) coordinated field exercises, scientific 
                seminars, conferences, symposia, and workshops;
                    (D) training of scientists and engineers;
                    (E) visits and exchanges of scientists, 
                engineers, or other appropriate personnel;
                    (F) exchanges or sharing of scientific and 
                technological information; and
                    (G) joint use of laboratory facilities and 
                equipment.
    (b) Science and Technology Homeland Security International 
Cooperative Programs Office.--
            (1) Establishment.--The Under Secretary shall 
        establish the Science and Technology Homeland Security 
        International Cooperative Programs Office.
            (2) Director.--The Office shall be headed by a 
        Director, who--
                    (A) shall be selected, in consultation with 
                the Assistant Secretary for International 
                Affairs, by and shall report to the Under 
                Secretary; and
                    (B) may be an officer of the Department 
                serving in another position.
            (3) Responsibilities.--
                    (A) Development of mechanisms.--The 
                Director shall be responsible for developing, 
                in coordination with the Department of State 
                and, as appropriate, the Department of Defense, 
                the Department of Energy, and other Federal 
                agencies, understandings and agreements to 
                allow and to support international cooperative 
                activity in support of homeland security.
                    (B) Priorities.--The Director shall be 
                responsible for developing, in coordination 
                with the Office of International Affairs and 
                other Federal agencies, strategic priorities 
                for international cooperative activity for the 
                Department in support of homeland security.
                    (C) Activities.--The Director shall 
                facilitate the planning, development, and 
                implementation of international cooperative 
                activity to address the strategic priorities 
                developed under subparagraph (B) through 
                mechanisms the Under Secretary considers 
                appropriate, including grants, cooperative 
                agreements, or contracts to or with foreign 
                public or private entities, governmental 
                organizations, businesses (including small 
                businesses and socially and economically 
                disadvantaged small businesses (as those terms 
                are defined in sections 3 and 8 of the Small 
                Business Act (15 U.S.C. 632 and 637), 
                respectively)), federally funded research and 
                development centers, and universities.
                    (D) Identification of partners.--The 
                Director shall facilitate the matching of 
                United States entities engaged in homeland 
                security research with non-United States 
                entities engaged in homeland security research 
                so that they may partner in homeland security 
                research activities.
            (4) Coordination.--The Director shall ensure that 
        the activities under this subsection are coordinated 
        with the Office of International Affairs and the 
        Department of State and, as appropriate, the Department 
        of Defense, the Department of Energy, and other 
        relevant Federal agencies or interagency bodies. The 
        Director may enter into joint activities with other 
        Federal agencies.
    (c) Matching Funding.--
            (1) In general.--
                    (A) Equitability.--The Director shall 
                ensure that funding and resources expended in 
                international cooperative activity will be 
                equitably matched by the foreign partner 
                government or other entity through direct 
                funding, funding of complementary activities, 
                or the provision of staff, facilities, 
                material, or equipment.
                    (B) Grant matching and repayment.--
                            (i) In general.--The Secretary may 
                        require a recipient of a grant under 
                        this section--
                                    (I) to make a matching 
                                contribution of not more than 
                                50 percent of the total cost of 
                                the proposed project for which 
                                the grant is awarded; and
                                    (II) to repay to the 
                                Secretary the amount of the 
                                grant (or a portion thereof), 
                                interest on such amount at an 
                                appropriate rate, and such 
                                charges for administration of 
                                the grant as the Secretary 
                                determines appropriate.
                            (ii) Maximum amount.--The Secretary 
                        may not require that repayment under 
                        clause (i)(II) be more than 150 percent 
                        of the amount of the grant, adjusted 
                        for inflation on the basis of the 
                        Consumer Price Index.
            (2) Foreign partners.--Partners may include Israel, 
        the United Kingdom, Canada, Australia, Singapore, and 
        other allies in the global war on terrorism as 
        determined to be appropriate by the Secretary of 
        Homeland Security and the Secretary of State.
            (3) Loans of equipment.--The Director may make or 
        accept loans of equipment for research and development 
        and comparative testing purposes.
    (d) Foreign Reimbursements.--If the Science and Technology 
Homeland Security International Cooperative Programs Office 
participates in an international cooperative activity with a 
foreign partner on a cost-sharing basis, any reimbursements or 
contributions received from that foreign partner to meet its 
share of the project may be credited to appropriate current 
appropriations accounts of the Directorate of Science and 
Technology.
    (e) Report to Congress on International Cooperative 
Activities.--Not later than one year after the date of 
enactment of this section, and every 5 years thereafter, the 
Under Secretary, acting through the Director, shall submit to 
Congress a report containing--
            (1) a brief description of each grant, cooperative 
        agreement, or contract made or entered into under 
        subsection (b)(3)(C), including the participants, 
        goals, and amount and sources of funding; and
            (2) a list of international cooperative activities 
        underway, including the participants, goals, expected 
        duration, and amount and sources of funding, including 
        resources provided to support the activities in lieu of 
        direct funding.
    (f) Animal and Zoonotic Diseases.--As part of the 
international cooperative activities authorized in this 
section, the Under Secretary, in coordination with the Chief 
Medical Officer, the Department of State, and appropriate 
officials of the Department of Agriculture, the Department of 
Defense, and the Department of Health and Human Services, may 
enter into cooperative activities with foreign countries, 
including African nations, to strengthen American preparedness 
against foreign animal and zoonotic diseases overseas that 
could harm the Nation's agricultural and public health sectors 
if they were to reach the United States.
    (g) Construction; Authorities of the Secretary of State.--
Nothing in this section shall be construed to alter or affect 
the following provisions of law:
            (1) Title V of the Foreign Relations Authorization 
        Act, Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
            (2) Section 112b(c) of title 1, United States Code.
            (3) Section 1(e)(2) of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).
            (4) Sections 2 and 27 of the Arms Export Control 
        Act (22 U.S.C. 2752 and 22 U.S.C. 2767).
            (5) Section 622(c) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2382(c)).
    (h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as are 
necessary.

      TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

   Subtitle A--Under Secretary for Border and Transportation Security

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

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

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

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

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

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

               Subtitle B--United States Customs Service

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

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

           *       *       *       *       *       *       *

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

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

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

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

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

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

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

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

    In this subtitle, the term ``customs revenue function'' 
means the following:
            (1) Assessing and collecting customs duties 
        (including antidumping and countervailing duties and 
        duties imposed under safeguard provisions), excise 
        taxes, fees, and penalties due on imported merchandise, 
        including classifying and valuing merchandise for 
        purposes of such assessment.
            (2) Processing and denial of entry of persons, 
        baggage, cargo, and mail, with respect to the 
        assessment and collection of import duties.
            (3) Detecting and apprehending persons engaged in 
        fraudulent practices designed to circumvent the customs 
        laws of the United States.
            (4) Enforcing section 337 of the Tariff Act of 1930 
        and provisions relating to import quotas and the 
        marking of imported merchandise, and providing Customs 
        Recordations for copyrights, patents, and trademarks.
            (5) Collecting accurate import data for compilation 
        of international trade statistics.
            (6) Enforcing reciprocal trade agreements.
            (7) Functions performed by the following personnel, 
        and associated support staff, of the United States 
        Customs Service on the day before the effective date of 
        this Act: Import Specialists, Entry Specialists, 
        Drawback Specialists, National Import Specialist, Fines 
        and Penalties Specialists, attorneys of the Office of 
        Regulations and Rulings, Customs Auditors, 
        International Trade Specialists, Financial Systems 
        Specialists.
            (8) Functions performed by the following offices, 
        with respect to any function described in any of 
        paragraphs (1) through (7), and associated support 
        staff, of the United States Customs Service on the day 
        before the effective date of this Act: the Office of 
        Information and Technology, the Office of Laboratory 
        Services, the Office of the Chief Counsel, the Office 
        of Congressional Affairs, the Office of International 
        Affairs, and the Office of Training and Development.

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

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

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

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

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

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

           *       *       *       *       *       *       *

                  Subtitle C--Miscellaneous Provisions

SEC. 421. [6 U.S.C. 231] TRANSFER OF CERTAIN AGRICULTURAL INSPECTION 
                    FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE.

    (a) Transfer of Agricultural Import and Entry Inspection 
Functions.--There shall be transferred to the Secretary the 
functions of the Secretary of Agriculture relating to 
agricultural import and entry inspection activities under the 
laws specified in subsection (b).
    (b) Covered Animal and Plant Protection Laws.--The laws 
referred to in subsection (a) are the following:
            (1) The Act commonly known as the Virus-Serum-Toxin 
        Act (the eighth paragraph under the heading ``Bureau of 
        Animal Industry'' in the Act of March 4, 1913; 21 
        U.S.C. 151 et seq.).
            (2) Section 1 of the Act of August 31, 1922 
        (commonly known as the Honeybee Act; 7 U.S.C. 281).
            (3) Title III of the Federal Seed Act (7 U.S.C. 
        1581 et seq.).
            (4) The Plant Protection Act (7 U.S.C. 7701 et 
        seq.).
            (5) The Animal Health Protection Act (subtitle E of 
        title X of Public Law 107-171; 7 U.S.C. 8301 et seq.).
            (6) The Lacey Act Amendments of 1981 (16 U.S.C. 
        3371 et seq.).
            (7) Section 11 of the Endangered Species Act of 
        1973 (16 U.S.C. 1540).
    (c) Exclusion of Quarantine Activities.--For purposes of 
this section, the term ``functions'' does not include any 
quarantine activities carried out under the laws specified in 
subsection (b).
    (d) Effect of Transfer.--
            (1) Compliance with department of agriculture 
        regulations.--The authority transferred pursuant to 
        subsection (a) shall be exercised by the Secretary in 
        accordance with the regulations, policies, and 
        procedures issued by the Secretary of Agriculture 
        regarding the administration of the laws specified in 
        subsection (b).
            (2) Rulemaking coordination.--The Secretary of 
        Agriculture shall coordinate with the Secretary 
        whenever the Secretary of Agriculture prescribes 
        regulations, policies, or procedures for administering 
        the functions transferred under subsection (a) under a 
        law specified in subsection (b).
            (3) Effective administration.--The Secretary, in 
        consultation with the Secretary of Agriculture, may 
        issue such directives and guidelines as are necessary 
        to ensure the effective use of personnel of the 
        Department of Homeland Security to carry out the 
        functions transferred pursuant to subsection (a).
    (e) Transfer Agreement.--
            (1) Agreement required; revision.--Before the end 
        of the transition period, as defined in section 1501, 
        the Secretary of Agriculture and the Secretary shall 
        enter into an agreement to effectuate the transfer of 
        functions required by subsection (a). The Secretary of 
        Agriculture and the Secretary may jointly revise the 
        agreement as necessary thereafter.
            (2) Required terms.--The agreement required by this 
        subsection shall specifically address the following:
                    (A) The supervision by the Secretary of 
                Agriculture of the training of employees of the 
                Secretary to carry out the functions 
                transferred pursuant to subsection (a).
                    (B) The transfer of funds to the Secretary 
                under subsection (f).
            (3) Cooperation and reciprocity.--The Secretary of 
        Agriculture and the Secretary may include as part of 
        the agreement the following:
                    (A) Authority for the Secretary to perform 
                functions delegated to the Animal and Plant 
                Health Inspection Service of the Department of 
                Agriculture regarding the protection of 
                domestic livestock and plants, but not 
                transferred to the Secretary pursuant to 
                subsection (a).
                    (B) Authority for the Secretary of 
                Agriculture to use employees of the Department 
                of Homeland Security to carry out authorities 
                delegated to the Animal and Plant Health 
                Inspection Service regarding the protection of 
                domestic livestock and plants.
    (f) Periodic Transfer of Funds to Department of Homeland 
Security.--
            (1) Transfer of funds.--Out of funds collected by 
        fees authorized under sections 2508 and 2509 of the 
        Food, Agriculture, Conservation, and Trade Act of 1990 
        (21 U.S.C. 136, 136a), the Secretary of Agriculture 
        shall transfer, from time to time in accordance with 
        the agreement under subsection (e), to the Secretary 
        funds for activities carried out by the Secretary for 
        which such fees were collected.
            (2) Limitation.--The proportion of fees collected 
        pursuant to such sections that are transferred to the 
        Secretary under this subsection may not exceed the 
        proportion of the costs incurred by the Secretary to 
        all costs incurred to carry out activities funded by 
        such fees.
    (g) Transfer of Department of Agriculture Employees.--Not 
later than the completion of the transition period defined 
under section 1501, the Secretary of Agriculture shall transfer 
to the Secretary not more than 3,200 full-time equivalent 
positions of the Department of Agriculture.

           *       *       *       *       *       *       *

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

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

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

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

SEC. 424. [6 U.S.C. 234] PRESERVATION OF TRANSPORTATION SECURITY 
                    ADMINISTRATION AS A DISTINCT ENTITY.

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

           *       *       *       *       *       *       *

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

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

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

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

SEC. 429. [6 U.S.C. 237] INFORMATION ON VISA DENIALS REQUIRED TO BE 
                    ENTERED INTO ELECTRONIC DATA SYSTEM.

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

SEC. 430. [6 U.S.C. 238] OFFICE FOR DOMESTIC PREPAREDNESS.

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

SEC. 431. [6 U.S.C. 239] OFFICE OF CARGO SECURITY POLICY.

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

             Subtitle D--Immigration Enforcement Functions

SEC. 441. [6 U.S.C. 251] TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR 
                    BORDER AND TRANSPORTATION SECURITY.

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

SEC. 442. [6 U.S.C. 252] ESTABLISHMENT OF BUREAU OF BORDER SECURITY.

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

SEC. 443. [6 U.S.C. 253] PROFESSIONAL RESPONSIBILITY AND QUALITY 
                    REVIEW.

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

SEC. 444. [6 U.S.C. 254] EMPLOYEE DISCIPLINE.

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

SEC. 445. [6 U.S.C. 255] REPORT ON IMPROVING ENFORCEMENT FUNCTIONS.

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

SEC. 446. [6 U.S.C. 256] SENSE OF CONGRESS REGARDING CONSTRUCTION OF 
                    FENCING NEAR SAN DIEGO, CALIFORNIA.

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

            Subtitle E--Citizenship and Immigration Services

SEC. 451. [6 U.S.C. 271] ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND 
                    IMMIGRATION SERVICES.

    (a) Establishment of Bureau.--
            (1) In general.--There shall be in the Department a 
        bureau to be known as the ``Bureau of Citizenship and 
        Immigration Services''.
            (2) Director.--The head of the Bureau of 
        Citizenship and Immigration Services shall be the 
        Director of the Bureau of Citizenship and Immigration 
        Services, who--
                    (A) shall report directly to the Deputy 
                Secretary;
                    (B) shall have a minimum of 5 years of 
                management experience; and
                    (C) shall be paid at the same level as the 
                Assistant Secretary of the Bureau of Border 
                Security.
            (3) Functions.--The Director of the Bureau of 
        Citizenship and Immigration Services--
                    (A) shall establish the policies for 
                performing such functions as are transferred to 
                the Director by this section or this Act or 
                otherwise vested in the Director by law;
                    (B) shall oversee the administration of 
                such policies;
                    (C) shall advise the Deputy Secretary with 
                respect to any policy or operation of the 
                Bureau of Citizenship and Immigration Services 
                that may affect the Bureau of Border Security 
                of the Department, including potentially 
                conflicting policies or operations;
                    (D) shall establish national immigration 
                services policies and priorities;
                    (E) shall meet regularly with the Ombudsman 
                described in section 452 to correct serious 
                service problems identified by the Ombudsman; 
                and
                    (F) shall establish procedures requiring a 
                formal response to any recommendations 
                submitted in the Ombudsman's annual report to 
                Congress within 3 months after its submission 
                to Congress.
            (4) Managerial rotation program.--
                    (A) In general.--Not later than 1 year 
                after the effective date specified in section 
                455, the Director of the Bureau of Citizenship 
                and Immigration Services shall design and 
                implement a managerial rotation program under 
                which employees of such bureau holding 
                positions involving supervisory or managerial 
                responsibility and classified, in accordance 
                with chapter 51 of title 5, United States Code, 
                as a GS-14 or above, shall--
                            (i) gain some experience in all the 
                        major functions performed by such 
                        bureau; and
                            (ii) work in at least one field 
                        office and one service center of such 
                        bureau.
                    (B) Report.--Not later than 2 years after 
                the effective date specified in section 455, 
                the Secretary shall submit a report to Congress 
                on the implementation of such program.
            (5) Pilot initiatives for backlog elimination.--The 
        Director of the Bureau of Citizenship and Immigration 
        Services is authorized to implement innovative pilot 
        initiatives to eliminate any remaining backlog in the 
        processing of immigration benefit applications, and to 
        prevent any backlog in the processing of such 
        applications from recurring, in accordance with section 
        204(a) of the Immigration Services and Infrastructure 
        Improvements Act of 2000 (8 U.S.C. 1573(a)). Such 
        initiatives may include measures such as increasing 
        personnel, transferring personnel to focus on areas 
        with the largest potential for backlog, and 
        streamlining paperwork.
    (b) Transfer of Functions From Commissioner.--In accordance 
with title XV (relating to transition provisions), there are 
transferred from the Commissioner of Immigration and 
Naturalization to the Director of the Bureau of Citizenship and 
Immigration Services the following functions, and all 
personnel, infrastructure, and funding provided to the 
Commissioner in support of such functions immediately before 
the effective date specified in section 455:
            (1) Adjudications of immigrant visa petitions.
            (2) Adjudications of naturalization petitions.
            (3) Adjudications of asylum and refugee 
        applications.
            (4) Adjudications performed at service centers.
            (5) All other adjudications performed by the 
        Immigration and Naturalization Service immediately 
        before the effective date specified in section 455.
    (c) Chief of Policy and Strategy.--
            (1) In general.--There shall be a position of Chief 
        of Policy and Strategy for the Bureau of Citizenship 
        and Immigration Services.
            (2) Functions.--In consultation with Bureau of 
        Citizenship and Immigration Services personnel in field 
        offices, the Chief of Policy and Strategy shall be 
        responsible for--
                    (A) making policy recommendations and 
                performing policy research and analysis on 
                immigration services issues; and
                    (B) coordinating immigration policy issues 
                with the Chief of Policy and Strategy for the 
                Bureau of Border Security of the Department.
    (d) Legal Advisor.--
            (1) In general.--There shall be a principal legal 
        advisor to the Director of the Bureau of Citizenship 
        and Immigration Services.
            (2) Functions.--The legal advisor shall be 
        responsible for--
                    (A) providing specialized legal advice, 
                opinions, determinations, regulations, and any 
                other assistance to the Director of the Bureau 
                of Citizenship and Immigration Services with 
                respect to legal matters affecting the Bureau 
                of Citizenship and Immigration Services; and
                    (B) representing the Bureau of Citizenship 
                and Immigration Services in visa petition 
                appeal proceedings before the Executive Office 
                for Immigration Review.
    (e) Budget Officer.--
            (1) In general.--There shall be a Budget Officer 
        for the Bureau of Citizenship and Immigration Services.
            (2) Functions.--
                    (A) In general.--The Budget Officer shall 
                be responsible for--
                            (i) formulating and executing the 
                        budget of the Bureau of Citizenship and 
                        Immigration Services;
                            (ii) financial management of the 
                        Bureau of Citizenship and Immigration 
                        Services; and
                            (iii) collecting all payments, 
                        fines, and other debts for the Bureau 
                        of Citizenship and Immigration 
                        Services.
    (f) Chief of Office of Citizenship.--
            (1) In general.--There shall be a position of Chief 
        of the Office of Citizenship for the Bureau of 
        Citizenship and Immigration Services.
            (2) Functions.--The Chief of the Office of 
        Citizenship for the Bureau of Citizenship and 
        Immigration Services shall be responsible for promoting 
        instruction and training on citizenship 
        responsibilities for aliens interested in becoming 
        naturalized citizens of the United States, including 
        the development of educational materials.
    (g) \1\ Office of the FBI Liaison.--
---------------------------------------------------------------------------
    \1\ Subsection (g) of section 451 was added by section 2(a) of 
Public Law 110-382. Section 4 of such Public Law provides:

SEC. 4. SUNSET PROVISION.
---------------------------------------------------------------------------
    This Act and the amendments made by this Act are repealed on the 
date that is 5 years after the date of the enactment of this Act. 
[enactment date is October 9, 2008]
---------------------------------------------------------------------------
            (1) In general.--There shall be an Office of the 
        FBI Liaison in the Department of Homeland Security.
            (2) Functions.--The Office of the FBI Liaison shall 
        monitor the progress of the functions of the Federal 
        Bureau of Investigation in the naturalization process 
        to assist in the expeditious completion of all such 
        functions pertaining to naturalization applications 
        filed by, or on behalf of--
                    (A) current or former members of the Armed 
                Forces under section 328 or 329 of the 
                Immigration and Nationality Act (8 U.S.C. 1439 
                and 1440);
                    (B) current spouses of United States 
                citizens who are currently serving on active 
                duty in the Armed Forces, who qualify for 
                naturalization under section 319(b) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1430(b)), and surviving spouses and children 
                who qualify for naturalization under section 
                319(d) of such Act; or
                    (C) a deceased individual who is eligible 
                for posthumous citizenship under section 329A 
                of the Immigration and Nationality Act (8 
                U.S.C. 1440-1).
            (3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be 
        necessary to carry out this subsection.

SEC. 452. [6 U.S.C. 272] CITIZENSHIP AND IMMIGRATION SERVICES 
                    OMBUDSMAN.

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

SEC. 453. [6 U.S.C. 273] PROFESSIONAL RESPONSIBILITY AND QUALITY 
                    REVIEW.

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

SEC. 454. [6 U.S.C. 274] EMPLOYEE DISCIPLINE.

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

SEC. 455. [6 U.S.C. 271 NOTE] EFFECTIVE DATE.

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

SEC. 456. [6 U.S.C. 275] TRANSITION.

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

SEC. 459. [6 U.S.C. 276] REPORT ON IMPROVING IMMIGRATION SERVICES.

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

SEC. 460. [6 U.S.C. 277] REPORT ON RESPONDING TO FLUCTUATING NEEDS.

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

SEC. 461. [6 U.S.C. 278] APPLICATION OF INTERNET-BASED TECHNOLOGIES.

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

SEC. 462. [6 U.S.C. 279] CHILDREN'S AFFAIRS.

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

               Subtitle F--General Immigration Provisions

SEC. 471. [6 U.S.C. 291] ABOLISHMENT OF INS.

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

SEC. 472. [6 U.S.C. 292] VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

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

SEC. 473. [6 U.S.C. 293] AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT 
                    RELATING TO DISCIPLINARY ACTION.

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

SEC. 474. [6 U.S.C. 294] SENSE OF CONGRESS.

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

SEC. 475. [6 U.S.C. 295] DIRECTOR OF SHARED SERVICES.

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

SEC. 476. [6 U.S.C. 296] SEPARATION OF FUNDING.

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

SEC. 477. [6 U.S.C. 297] REPORTS AND IMPLEMENTATION PLANS.

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

SEC. 478. [6 U.S.C. 298] IMMIGRATION FUNCTIONS.

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

                 TITLE V--NATIONAL EMERGENCY MANAGEMENT

SEC. 501. [6 U.S.C. 311] DEFINITIONS.

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

SEC. 502. [6 U.S.C. 312] DEFINITION.

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

SEC. 503. [6 U.S.C. 313] FEDERAL EMERGENCY MANAGEMENT AGENCY.

    (a) In General.--There is in the Department the Federal 
Emergency Management Agency, headed by an Administrator.
    (b) Mission.--
            (1) Primary mission.--The primary mission of the 
        Agency is to reduce the loss of life and property and 
        protect the Nation from all hazards, including natural 
        disasters, acts of terrorism, and other man-made 
        disasters, by leading and supporting the Nation in a 
        risk-based, comprehensive emergency management system 
        of preparedness, protection, response, recovery, and 
        mitigation.
            (2) Specific activities.--In support of the primary 
        mission of the Agency, the Administrator shall--
                    (A) lead the Nation's efforts to prepare 
                for, protect against, respond to, recover from, 
                and mitigate against the risk of natural 
                disasters, acts of terrorism, and other man-
                made disasters, including catastrophic 
                incidents;
                    (B) partner with State, local, and tribal 
                governments and emergency response providers, 
                with other Federal agencies, with the private 
                sector, and with nongovernmental organizations 
                to build a national system of emergency 
                management that can effectively and efficiently 
                utilize the full measure of the Nation's 
                resources to respond to natural disasters, acts 
                of terrorism, and other man-made disasters, 
                including catastrophic incidents;
                    (C) develop a Federal response capability 
                that, when necessary and appropriate, can act 
                effectively and rapidly to deliver assistance 
                essential to saving lives or protecting or 
                preserving property or public health and safety 
                in a natural disaster, act of terrorism, or 
                other man-made disaster;
                    (D) integrate the Agency's emergency 
                preparedness, protection, response, recovery, 
                and mitigation responsibilities to confront 
                effectively the challenges of a natural 
                disaster, act of terrorism, or other man-made 
                disaster;
                    (E) develop and maintain robust Regional 
                Offices that will work with State, local, and 
                tribal governments, emergency response 
                providers, and other appropriate entities to 
                identify and address regional priorities;
                    (F) under the leadership of the Secretary, 
                coordinate with the Commandant of the Coast 
                Guard, the Director of Customs and Border 
                Protection, the Director of Immigration and 
                Customs Enforcement, the National Operations 
                Center, and other agencies and offices in the 
                Department to take full advantage of the 
                substantial range of resources in the 
                Department;
                    (G) provide funding, training, exercises, 
                technical assistance, planning, and other 
                assistance to build tribal, local, State, 
                regional, and national capabilities (including 
                communications capabilities), necessary to 
                respond to a natural disaster, act of 
                terrorism, or other man-made disaster; and
                    (H) develop and coordinate the 
                implementation of a risk-based, all-hazards 
                strategy for preparedness that builds those 
                common capabilities necessary to respond to 
                natural disasters, acts of terrorism, and other 
                man-made disasters while also building the 
                unique capabilities necessary to respond to 
                specific types of incidents that pose the 
                greatest risk to our Nation.
    (c) Administrator.--
            (1) In general.--The Administrator shall be 
        appointed by the President, by and with the advice and 
        consent of the Senate.
            (2) Qualifications.--The Administrator shall be 
        appointed from among individuals who have--
                    (A) a demonstrated ability in and knowledge 
                of emergency management and homeland security; 
                and
                    (B) not less than 5 years of executive 
                leadership and management experience in the 
                public or private sector.
            (3) Reporting.--The Administrator shall report to 
        the Secretary, without being required to report through 
        any other official of the Department.
            (4) Principal advisor on emergency management.--
                    (A) In general.--The Administrator is the 
                principal advisor to the President, the 
                Homeland Security Council, and the Secretary 
                for all matters relating to emergency 
                management in the United States.
                    (B) Advice and recommendations.--
                            (i) In general.--In presenting 
                        advice with respect to any matter to 
                        the President, the Homeland Security 
                        Council, or the Secretary, the 
                        Administrator shall, as the 
                        Administrator considers appropriate, 
                        inform the President, the Homeland 
                        Security Council, or the Secretary, as 
                        the case may be, of the range of 
                        emergency preparedness, protection, 
                        response, recovery, and mitigation 
                        options with respect to that matter.
                            (ii) Advice on request.--The 
                        Administrator, as the principal advisor 
                        on emergency management, shall provide 
                        advice to the President, the Homeland 
                        Security Council, or the Secretary on a 
                        particular matter when the President, 
                        the Homeland Security Council, or the 
                        Secretary requests such advice.
                            (iii) Recommendations to 
                        congress.--After informing the 
                        Secretary, the Administrator may make 
                        such recommendations to Congress 
                        relating to emergency management as the 
                        Administrator considers appropriate.
            (5) Cabinet status.--
                    (A) In general.--The President may 
                designate the Administrator to serve as a 
                member of the Cabinet in the event of natural 
                disasters, acts of terrorism, or other man-made 
                disasters.
                    (B) Retention of authority.--Nothing in 
                this paragraph shall be construed as affecting 
                the authority of the Secretary under this Act.

SEC. 504. [6 U.S.C. 314] AUTHORITY AND RESPONSIBILITIES.

    (a) In General.--The Administrator shall provide Federal 
leadership necessary to prepare for, protect against, respond 
to, recover from, or mitigate against a natural disaster, act 
of terrorism, or other man-made disaster, including--
            (1) helping to ensure the effectiveness of 
        emergency response providers to terrorist attacks, 
        major disasters, and other emergencies;
            (2) with respect to the Nuclear Incident Response 
        Team (regardless of whether it is operating as an 
        organizational unit of the Department pursuant to this 
        title)--
                    (A) establishing standards and certifying 
                when those standards have been met;
                    (B) conducting joint and other exercises 
                and training and evaluating performance; and
                    (C) providing funds to the Department of 
                Energy and the Environmental Protection Agency, 
                as appropriate, for homeland security planning, 
                exercises and training, and equipment;
            (3) providing the Federal Government's response to 
        terrorist attacks and major disasters, including--
                    (A) managing such response;
                    (B) directing the Domestic Emergency 
                Support Team, the National Disaster Medical 
                System, \1\ and (when operating as an 
                organizational unit of the Department pursuant 
                to this title) the Nuclear Incident Response 
                Team;
---------------------------------------------------------------------------
    \1\ The phrase ``, the National Disaster Medical System,'' in 
subsection (a)(3)(B) probably should not appear. Section 301(c)(1) of 
Public Law 109-417 (120 Stat. 2854) provides for an amendment to the 
Homeland Security Act of 2002 as follows:

          (1) in section 502(3)(B), by striking ``, the National 
---------------------------------------------------------------------------
        Disaster Medical System,''; and

     The amendment was not executed because section 502 of the Homeland 
Security Act of 2002 was redesignated as section 504 by section 611(8) 
of Public Law 109-295 (120 Stat 1395).
---------------------------------------------------------------------------
                    (C) overseeing the Metropolitan Medical 
                Response System; and
                    (D) coordinating other Federal response 
                resources, including requiring deployment of 
                the Strategic National Stockpile, in the event 
                of a terrorist attack or major disaster;
            (4) aiding the recovery from terrorist attacks and 
        major disasters;
            (5) building a comprehensive national incident 
        management system with Federal, State, and local 
        government personnel, agencies, and authorities, to 
        respond to such attacks and disasters;
            (6) consolidating existing Federal Government 
        emergency response plans into a single, coordinated 
        national response plan;
            (7) helping ensure the acquisition of operable and 
        interoperable communications capabilities by Federal, 
        State, local, and tribal governments and emergency 
        response providers;
            (8) assisting the President in carrying out the 
        functions under the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
        and carrying out all functions and authorities given to 
        the Administrator under that Act;
            (9) carrying out the mission of the Agency to 
        reduce the loss of life and property and protect the 
        Nation from all hazards by leading and supporting the 
        Nation in a risk-based, comprehensive emergency 
        management system of--
                    (A) mitigation, by taking sustained actions 
                to reduce or eliminate long-term risks to 
                people and property from hazards and their 
                effects;
                    (B) preparedness, by planning, training, 
                and building the emergency management 
                profession to prepare effectively for, mitigate 
                against, respond to, and recover from any 
                hazard;
                    (C) response, by conducting emergency 
                operations to save lives and property through 
                positioning emergency equipment, personnel, and 
                supplies, through evacuating potential victims, 
                through providing food, water, shelter, and 
                medical care to those in need, and through 
                restoring critical public services; and
                    (D) recovery, by rebuilding communities so 
                individuals, businesses, and governments can 
                function on their own, return to normal life, 
                and protect against future hazards;
            (10) increasing efficiencies, by coordinating 
        efforts relating to preparedness, protection, response, 
        recovery, and mitigation;
            (11) helping to ensure the effectiveness of 
        emergency response providers in responding to a natural 
        disaster, act of terrorism, or other man-made disaster;
            (12) supervising grant programs administered by the 
        Agency;
            (13) administering and ensuring the implementation 
        of the National Response Plan, including coordinating 
        and ensuring the readiness of each emergency support 
        function under the National Response Plan;
            (14) coordinating with the National Advisory 
        Council established under section 508;
            (15) preparing and implementing the plans and 
        programs of the Federal Government for--
                    (A) continuity of operations;
                    (B) continuity of government; and
                    (C) continuity of plans;
            (16) minimizing, to the extent practicable, 
        overlapping planning and reporting requirements 
        applicable to State, local, and tribal governments and 
        the private sector;
            (17) maintaining and operating within the Agency 
        the National Response Coordination Center or its 
        successor;
            (18) developing a national emergency management 
        system that is capable of preparing for, protecting 
        against, responding to, recovering from, and mitigating 
        against catastrophic incidents;
            (19) assisting the President in carrying out the 
        functions under the national preparedness goal and the 
        national preparedness system and carrying out all 
        functions and authorities of the Administrator under 
        the national preparedness System;
            (20) carrying out all authorities of the Federal 
        Emergency Management Agency and the Directorate of 
        Preparedness of the Department as transferred under 
        section 505; and
            (21) otherwise carrying out the mission of the 
        Agency as described in section 503(b).
    (b) All-Hazards Approach.--In carrying out the 
responsibilities under this section, the Administrator shall 
coordinate the implementation of a risk-based, all-hazards 
strategy that builds those common capabilities necessary to 
prepare for, protect against, respond to, recover from, or 
mitigate against natural disasters, acts of terrorism, and 
other man-made disasters, while also building the unique 
capabilities necessary to prepare for, protect against, respond 
to, recover from, or mitigate against the risks of specific 
types of incidents that pose the greatest risk to the Nation.

SEC. 505. [6 U.S.C. 315] FUNCTIONS TRANSFERRED.

    (a) In General.--Except as provided in subsection (b), 
there are transferred to the Agency the following:
            (1) All functions of the Federal Emergency 
        Management Agency, including existing responsibilities 
        for emergency alert systems and continuity of 
        operations and continuity of government plans and 
        programs as constituted on June 1, 2006, including all 
        of its personnel, assets, components, authorities, 
        grant programs, and liabilities, and including the 
        functions of the Under Secretary for Federal Emergency 
        Management relating thereto.
            (2) The Directorate of Preparedness, as constituted 
        on June 1, 2006, including all of its functions, 
        personnel, assets, components, authorities, grant 
        programs, and liabilities, and including the functions 
        of the Under Secretary for Preparedness relating 
        thereto.
    (b) Exceptions.--The following within the Preparedness 
Directorate shall not be transferred:
            (1) The Office of Infrastructure Protection.
            (2) The National Communications System.
            (3) The National Cybersecurity Division.
            (4) The Office of the Chief Medical Officer.
            (5) The functions, personnel, assets, components, 
        authorities, and liabilities of each component 
        described under paragraphs (1) through (4).

SEC. 506. [6 U.S.C. 316] PRESERVING THE FEDERAL EMERGENCY MANAGEMENT 
                    AGENCY.

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

SEC. 507. [6 U.S.C. 317] REGIONAL OFFICES.

    (a) In General.--There are in the Agency 10 regional 
offices, as identified by the Administrator.
    (b) Management of Regional Offices.--
            (1) Regional administrator.--Each Regional Office 
        shall be headed by a Regional Administrator who shall 
        be appointed by the Administrator, after consulting 
        with State, local, and tribal government officials in 
        the region. Each Regional Administrator shall report 
        directly to the Administrator and be in the Senior 
        Executive Service.
            (2) Qualifications.--
                    (A) In general.--Each Regional 
                Administrator shall be appointed from among 
                individuals who have a demonstrated ability in 
                and knowledge of emergency management and 
                homeland security.
                    (B) Considerations.--In selecting a 
                Regional Administrator for a Regional Office, 
                the Administrator shall consider the 
                familiarity of an individual with the 
                geographical area and demographic 
                characteristics of the population served by 
                such Regional Office.
    (c) Responsibilities.--
            (1) In general.--The Regional Administrator shall 
        work in partnership with State, local, and tribal 
        governments, emergency managers, emergency response 
        providers, medical providers, the private sector, 
        nongovernmental organizations, multijurisdictional 
        councils of governments, and regional planning 
        commissions and organizations in the geographical area 
        served by the Regional Office to carry out the 
        responsibilities of a Regional Administrator under this 
        section.
            (2) Responsibilities.--The responsibilities of a 
        Regional Administrator include--
                    (A) ensuring effective, coordinated, and 
                integrated regional preparedness, protection, 
                response, recovery, and mitigation activities 
                and programs for natural disasters, acts of 
                terrorism, and other man-made disasters 
                (including planning, training, exercises, and 
                professional development);
                    (B) assisting in the development of 
                regional capabilities needed for a national 
                catastrophic response system;
                    (C) coordinating the establishment of 
                effective regional operable and interoperable 
                emergency communications capabilities;
                    (D) staffing and overseeing 1 or more 
                strike teams within the region under subsection 
                (f), to serve as the focal point of the Federal 
                Government's initial response efforts for 
                natural disasters, acts of terrorism, and other 
                man-made disasters within that region, and 
                otherwise building Federal response 
                capabilities to respond to natural disasters, 
                acts of terrorism, and other man-made disasters 
                within that region;
                    (E) designating an individual responsible 
                for the development of strategic and 
                operational regional plans in support of the 
                National Response Plan;
                    (F) fostering the development of mutual aid 
                and other cooperative agreements;
                    (G) identifying critical gaps in regional 
                capabilities to respond to populations with 
                special needs;
                    (H) maintaining and operating a Regional 
                Response Coordination Center or its successor;
                    (I) coordinating with the private sector to 
                help ensure private sector preparedness for 
                natural disasters, acts of terrorism, and other 
                man-made disasters;
                    (J) assisting State, local, and tribal 
                governments, where appropriate, to preidentify 
                and evaluate suitable sites where a 
                multijurisdictional incident command system may 
                quickly be established and operated from, if 
                the need for such a system arises; and
                    (K) performing such other duties relating 
                to such responsibilities as the Administrator 
                may require.
            (3) Training and exercise requirements.--
                    (A) Training.--The Administrator shall 
                require each Regional Administrator to undergo 
                specific training periodically to complement 
                the qualifications of the Regional 
                Administrator. Such training, as appropriate, 
                shall include training with respect to the 
                National Incident Management System, the 
                National Response Plan, and such other subjects 
                as determined by the Administrator.
                    (B) Exercises.--The Administrator shall 
                require each Regional Administrator to 
                participate as appropriate in regional and 
                national exercises.
    (d) Area Offices.--
            (1) In general.--There is an Area Office for the 
        Pacific and an Area Office for the Caribbean, as 
        components in the appropriate Regional Offices.
            (2) Alaska.--The Administrator shall establish an 
        Area Office in Alaska, as a component in the 
        appropriate Regional Office.
    (e) Regional Advisory Council.--
            (1) Establishment.--Each Regional Administrator 
        shall establish a Regional Advisory Council.
            (2) Nominations.--A State, local, or tribal 
        government located within the geographic area served by 
        the Regional Office may nominate officials, including 
        Adjutants General and emergency managers, to serve as 
        members of the Regional Advisory Council for that 
        region.
            (3) Responsibilities.--Each Regional Advisory 
        Council shall--
                    (A) advise the Regional Administrator on 
                emergency management issues specific to that 
                region;
                    (B) identify any geographic, demographic, 
                or other characteristics peculiar to any State, 
                local, or tribal government within the region 
                that might make preparedness, protection, 
                response, recovery, or mitigation more 
                complicated or difficult; and
                    (C) advise the Regional Administrator of 
                any weaknesses or deficiencies in preparedness, 
                protection, response, recovery, and mitigation 
                for any State, local, and tribal government 
                within the region of which the Regional 
                Advisory Council is aware.
    (f) Regional Office Strike Teams.--
            (1) In general.--In coordination with other 
        relevant Federal agencies, each Regional Administrator 
        shall oversee multi-agency strike teams authorized 
        under section 303 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5144) 
        that shall consist of--
                    (A) a designated Federal coordinating 
                officer;
                    (B) personnel trained in incident 
                management;
                    (C) public affairs, response and recovery, 
                and communications support personnel;
                    (D) a defense coordinating officer;
                    (E) liaisons to other Federal agencies;
                    (F) such other personnel as the 
                Administrator or Regional Administrator 
                determines appropriate; and
                    (G) individuals from the agencies with 
                primary responsibility for each of the 
                emergency support functions in the National 
                Response Plan.
            (2) Other duties.--The duties of an individual 
        assigned to a Regional Office strike team from another 
        relevant agency when such individual is not functioning 
        as a member of the strike team shall be consistent with 
        the emergency preparedness activities of the agency 
        that employs such individual.
            (3) Location of members.--The members of each 
        Regional Office strike team, including representatives 
        from agencies other than the Department, shall be based 
        primarily within the region that corresponds to that 
        strike team.
            (4) Coordination.--Each Regional Office strike team 
        shall coordinate the training and exercises of that 
        strike team with the State, local, and tribal 
        governments and private sector and nongovernmental 
        entities which the strike team shall support when a 
        natural disaster, act of terrorism, or other man-made 
        disaster occurs.
            (5) Preparedness.--Each Regional Office strike team 
        shall be trained as a unit on a regular basis and 
        equipped and staffed to be well prepared to respond to 
        natural disasters, acts of terrorism, and other man-
        made disasters, including catastrophic incidents.
            (6) Authorities.--If the Administrator determines 
        that statutory authority is inadequate for the 
        preparedness and deployment of individuals in strike 
        teams under this subsection, the Administrator shall 
        report to Congress regarding the additional statutory 
        authorities that the Administrator determines are 
        necessary.

SEC. 508. [6 U.S.C. 318] NATIONAL ADVISORY COUNCIL.

    (a) Establishment.--Not later than 60 days after the date 
of enactment of the Post-Katrina Emergency Management Reform 
Act of 2006, the Secretary shall establish an advisory body 
under section 871(a) to ensure effective and ongoing 
coordination of Federal preparedness, protection, response, 
recovery, and mitigation for natural disasters, acts of 
terrorism, and other man-made disasters, to be known as the 
National Advisory Council.
    (b) Responsibilities.--
            (1) In general.--The National Advisory Council 
        shall advise the Administrator on all aspects of 
        emergency management. The National Advisory Council 
        shall incorporate State, local, and tribal government 
        and private sector input in the development and 
        revision of the national preparedness goal, the 
        national preparedness system, the National Incident 
        Management System, the National Response Plan, and 
        other related plans and strategies.
            (2) Consultation on grants.--To ensure input from 
        and coordination with State, local, and tribal 
        governments and emergency response providers, the 
        Administrator shall regularly consult and work with the 
        National Advisory Council on the administration and 
        assessment of grant programs administered by the 
        Department, including with respect to the development 
        of program guidance and the development and evaluation 
        of risk-assessment methodologies, as appropriate.
    (c) Membership.--
            (1) In general.--The members of the National 
        Advisory Council shall be appointed by the 
        Administrator, and shall, to the extent practicable, 
        represent a geographic (including urban and rural) and 
        substantive cross section of officials, emergency 
        managers, and emergency response providers from State, 
        local, and tribal governments, the private sector, and 
        nongovernmental organizations, including as 
        appropriate--
                    (A) members selected from the emergency 
                management field and emergency response 
                providers, including fire service, law 
                enforcement, hazardous materials response, 
                emergency medical services, and emergency 
                management personnel, or organizations 
                representing such individuals;
                    (B) health scientists, emergency and 
                inpatient medical providers, and public health 
                professionals;
                    (C) experts from Federal, State, local, and 
                tribal governments, and the private sector, 
                representing standards-setting and accrediting 
                organizations, including representatives from 
                the voluntary consensus codes and standards 
                development community, particularly those with 
                expertise in the emergency preparedness and 
                response field;
                    (D) State, local, and tribal government 
                officials with expertise in preparedness, 
                protection, response, recovery, and mitigation, 
                including Adjutants General;
                    (E) elected State, local, and tribal 
                government executives;
                    (F) experts in public and private sector 
                infrastructure protection, cybersecurity, and 
                communications;
                    (G) representatives of individuals with 
                disabilities and other populations with special 
                needs; and
                    (H) such other individuals as the 
                Administrator determines to be appropriate.
            (2) Coordination with the departments of health and 
        human services and transportation.--In the selection of 
        members of the National Advisory Council who are health 
        or emergency medical services professionals, the 
        Administrator shall work with the Secretary of Health 
        and Human Services and the Secretary of Transportation.
            (3) Ex officio members.--The Administrator shall 
        designate 1 or more officers of the Federal Government 
        to serve as ex officio members of the National Advisory 
        Council.
            (4) Terms of office.--
                    (A) In general.--Except as provided in 
                subparagraph (B), the term of office of each 
                member of the National Advisory Council shall 
                be 3 years.
                    (B) Initial appointments.--Of the members 
                initially appointed to the National Advisory 
                Council--
                            (i) one-third shall be appointed 
                        for a term of 1 year; and
                            (ii) one-third shall be appointed 
                        for a term of 2 years.
    (d) Applicability of Federal Advisory Committee Act.--
            (1) In general.--Notwithstanding section 871(a) and 
        subject to paragraph (2), the Federal Advisory 
        Committee Act (5 U.S.C. App.), including subsections 
        (a), (b), and (d) of section 10 of such Act, and 
        section 552b(c) of title 5, United States Code, shall 
        apply to the National Advisory Council.
            (2) Termination.--Section 14(a)(2) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the National Advisory Council.

SEC. 509. [6 U.S.C. 319] NATIONAL INTEGRATION CENTER.

    (a) In General.--There is established in the Agency a 
National Integration Center.
    (b) Responsibilities.--
            (1) In general.--The Administrator, through the 
        National Integration Center, and in consultation with 
        other Federal departments and agencies and the National 
        Advisory Council, shall ensure ongoing management and 
        maintenance of the National Incident Management System, 
        the National Response Plan, and any successor to such 
        system or plan.
            (2) Specific responsibilities.--The National 
        Integration Center shall periodically review, and 
        revise as appropriate, the National Incident Management 
        System and the National Response Plan, including--
                    (A) establishing, in consultation with the 
                Director of the Corporation for National and 
                Community Service, a process to better use 
                volunteers and donations;
                    (B) improving the use of Federal, State, 
                local, and tribal resources and ensuring the 
                effective use of emergency response providers 
                at emergency scenes; and
                    (C) revising the Catastrophic Incident 
                Annex, finalizing and releasing the 
                Catastrophic Incident Supplement to the 
                National Response Plan, and ensuring that both 
                effectively address response requirements in 
                the event of a catastrophic incident.
    (c) Incident Management.--
            (1) In general.--
                    (A) National response plan.--The Secretary, 
                acting through the Administrator, shall ensure 
                that the National Response Plan provides for a 
                clear chain of command to lead and coordinate 
                the Federal response to any natural disaster, 
                act of terrorism, or other man-made disaster.
                    (B) Administrator.--The chain of the 
                command specified in the National Response Plan 
                shall--
                            (i) provide for a role for the 
                        Administrator consistent with the role 
                        of the Administrator as the principal 
                        emergency management advisor to the 
                        President, the Homeland Security 
                        Council, and the Secretary under 
                        section 503(c)(4) and the 
                        responsibility of the Administrator 
                        under the Post-Katrina Emergency 
                        Management Reform Act of 2006, and the 
                        amendments made by that Act, relating 
                        to natural disasters, acts of 
                        terrorism, and other man-made 
                        disasters; and
                            (ii) provide for a role for the 
                        Federal Coordinating Officer consistent 
                        with the responsibilities under section 
                        302(b) of the Robert T. Stafford 
                        Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5143(b)).
            (2) Principal federal official.--The Principal 
        Federal Official (or the successor thereto) shall not--
                    (A) direct or replace the incident command 
                structure established at the incident; or
                    (B) have directive authority over the 
                Senior Federal Law Enforcement Official, 
                Federal Coordinating Officer, or other Federal 
                and State officials.

SEC. 510. [6 U.S.C. 320] CREDENTIALING AND TYPING.

    (a) In General.--The Administrator shall enter into a 
memorandum of understanding with the administrators of the 
Emergency Management Assistance Compact, State, local, and 
tribal governments, and organizations that represent emergency 
response providers, to collaborate on developing standards for 
deployment capabilities, including for credentialing and typing 
of incident management personnel, emergency response providers, 
and other personnel (including temporary personnel) and 
resources likely needed to respond to natural disasters, acts 
of terrorism, and other man-made disasters.
    (b) Distribution.--
            (1) In general.--Not later than 1 year after the 
        date of enactment of the Implementing Recommendations 
        of the 9/11 Commission Act of 2007, the Administrator 
        shall provide the standards developed under subsection 
        (a), including detailed written guidance, to--
                    (A) each Federal agency that has 
                responsibilities under the National Response 
                Plan to aid that agency with credentialing and 
                typing incident management personnel, emergency 
                response providers, and other personnel 
                (including temporary personnel) and resources 
                likely needed to respond to a natural disaster, 
                act of terrorism, or other man-made disaster; 
                and
                    (B) State, local, and tribal governments, 
                to aid such governments with credentialing and 
                typing of State, local, and tribal incident 
                management personnel, emergency response 
                providers, and other personnel (including 
                temporary personnel) and resources likely 
                needed to respond to a natural disaster, act of 
                terrorism, or other man-made disaster.
            (2) Assistance.--The Administrator shall provide 
        expertise and technical assistance to aid Federal, 
        State, local, and tribal government agencies with 
        credentialing and typing incident management personnel, 
        emergency response providers, and other personnel 
        (including temporary personnel) and resources likely 
        needed to respond to a natural disaster, act of 
        terrorism, or other man-made disaster.
    (c) Credentialing and Typing of Personnel.--Not later than 
6 months after receiving the standards provided under 
subsection (b), each Federal agency with responsibilities under 
the National Response Plan shall ensure that incident 
management personnel, emergency response providers, and other 
personnel (including temporary personnel) and resources likely 
needed to respond to a natural disaster, act of terrorism, or 
other manmade disaster are credentialed and typed in accordance 
with this section.
    (d) Consultation on Health Care Standards.--In developing 
standards for credentialing health care professionals under 
this section, the Administrator shall consult with the 
Secretary of Health and Human Services.

SEC. 511. [6 U.S.C. 321] THE NATIONAL INFRASTRUCTURE SIMULATION AND 
                    ANALYSIS CENTER.

    (a) Definition.--In this section, the term ``National 
Infrastructure Simulation and Analysis Center'' means the 
National Infrastructure Simulation and Analysis Center 
established under section 1016(d) of the USA PATRIOT Act (42 
U.S.C. 5195c(d)).
    (b) Authority.--
            (1) In general.--There is in the Department the 
        National Infrastructure Simulation and Analysis Center 
        which shall serve as a source of national expertise to 
        address critical infrastructure protection and 
        continuity through support for activities related to--
                    (A) counterterrorism, threat assessment, 
                and risk mitigation; and
                    (B) a natural disaster, act of terrorism, 
                or other man-made disaster.
            (2) Infrastructure modeling.--
                    (A) Particular support.--The support 
                provided under paragraph (1) shall include 
                modeling, simulation, and analysis of the 
                systems and assets comprising critical 
                infrastructure, in order to enhance 
                preparedness, protection, response, recovery, 
                and mitigation activities.
                    (B) Relationship with other agencies.--Each 
                Federal agency and department with critical 
                infrastructure responsibilities under Homeland 
                Security Presidential Directive 7, or any 
                successor to such directive, shall establish a 
                formal relationship, including an agreement 
                regarding information sharing, between the 
                elements of such agency or department and the 
                National Infrastructure Simulation and Analysis 
                Center, through the Department.
                    (C) Purpose.--
                            (i) In general.--The purpose of the 
                        relationship under subparagraph (B) 
                        shall be to permit each Federal agency 
                        and department described in 
                        subparagraph (B) to take full advantage 
                        of the capabilities of the National 
                        Infrastructure Simulation and Analysis 
                        Center (particularly vulnerability and 
                        consequence analysis), consistent with 
                        its work load capacity and priorities, 
                        for real-time response to reported and 
                        projected natural disasters, acts of 
                        terrorism, and other man-made 
                        disasters.
                            (ii) Recipient of certain 
                        support.--Modeling, simulation, and 
                        analysis provided under this subsection 
                        shall be provided to relevant Federal 
                        agencies and departments, including 
                        Federal agencies and departments with 
                        critical infrastructure 
                        responsibilities under Homeland 
                        Security Presidential Directive 7, or 
                        any successor to such directive.

SEC. 512. [6 U.S.C. 321A] EVACUATION PLANS AND EXERCISES.

    (a) In General.--Notwithstanding any other provision of 
law, and subject to subsection (d), grants made to States or 
local or tribal governments by the Department through the State 
Homeland Security Grant Program or the Urban Area Security 
Initiative may be used to--
            (1) establish programs for the development and 
        maintenance of mass evacuation plans under subsection 
        (b) in the event of a natural disaster, act of 
        terrorism, or other man-made disaster;
            (2) prepare for the execution of such plans, 
        including the development of evacuation routes and the 
        purchase and stockpiling of necessary supplies and 
        shelters; and
            (3) conduct exercises of such plans.
    (b) Plan Development.--In developing the mass evacuation 
plans authorized under subsection (a), each State, local, or 
tribal government shall, to the maximum extent practicable--
            (1) establish incident command and decision making 
        processes;
            (2) ensure that State, local, and tribal government 
        plans, including evacuation routes, are coordinated and 
        integrated;
            (3) identify primary and alternative evacuation 
        routes and methods to increase evacuation capabilities 
        along such routes such as conversion of two-way traffic 
        to one-way evacuation routes;
            (4) identify evacuation transportation modes and 
        capabilities, including the use of mass and public 
        transit capabilities, and coordinating and integrating 
        evacuation plans for all populations including for 
        those individuals located in hospitals, nursing homes, 
        and other institutional living facilities;
            (5) develop procedures for informing the public of 
        evacuation plans before and during an evacuation, 
        including individuals--
                    (A) with disabilities or other special 
                needs, including the elderly;
                    (B) with limited English proficiency; or
                    (C) who might otherwise have difficulty in 
                obtaining such information; and
            (6) identify shelter locations and capabilities.
    (c) Assistance.--
            (1) In general.--The Administrator may establish 
        any guidelines, standards, or requirements determined 
        appropriate to administer this section and to ensure 
        effective mass evacuation planning for State, local, 
        and tribal areas.
            (2) Requested assistance.--The Administrator shall 
        make assistance available upon request of a State, 
        local, or tribal government to assist hospitals, 
        nursing homes, and other institutions that house 
        individuals with special needs to establish, maintain, 
        and exercise mass evacuation plans that are coordinated 
        and integrated into the plans developed by that State, 
        local, or tribal government under this section.
    (d) Multipurpose Funds.--Nothing in this section may be 
construed to preclude a State, local, or tribal government from 
using grant funds in a manner that enhances preparedness for a 
natural or man-made disaster unrelated to an act of terrorism, 
if such use assists such government in building capabilities 
for terrorism preparedness.

SEC. 513. [6 U.S.C. 321B] DISABILITY COORDINATOR.

    (a) In General.--After consultation with organizations 
representing individuals with disabilities, the National 
Council on Disabilities, and the Interagency Coordinating 
Council on Preparedness and Individuals with Disabilities, 
established under Executive Order No. 13347 (6 U.S.C. 312 
note), the Administrator shall appoint a Disability 
Coordinator. The Disability Coordinator shall report directly 
to the Administrator, in order to ensure that the needs of 
individuals with disabilities are being properly addressed in 
emergency preparedness and disaster relief.
    (b) Responsibilities.--The Disability Coordinator shall be 
responsible for--
            (1) providing guidance and coordination on matters 
        related to individuals with disabilities in emergency 
        planning requirements and relief efforts in the event 
        of a natural disaster, act of terrorism, or other man-
        made disaster;
            (2) interacting with the staff of the Agency, the 
        National Council on Disabilities, the Interagency 
        Coordinating Council on Preparedness and Individuals 
        with Disabilities established under Executive Order No. 
        13347 (6 U.S.C. 312 note), other agencies of the 
        Federal Government, and State, local, and tribal 
        government authorities regarding the needs of 
        individuals with disabilities in emergency planning 
        requirements and relief efforts in the event of a 
        natural disaster, act of terrorism, or other man-made 
        disaster;
            (3) consulting with organizations that represent 
        the interests and rights of individuals with 
        disabilities about the needs of individuals with 
        disabilities in emergency planning requirements and 
        relief efforts in the event of a natural disaster, act 
        of terrorism, or other man-made disaster;
            (4) ensuring the coordination and dissemination of 
        best practices and model evacuation plans for 
        individuals with disabilities;
            (5) ensuring the development of training materials 
        and a curriculum for training of emergency response 
        providers, State, local, and tribal government 
        officials, and others on the needs of individuals with 
        disabilities;
            (6) promoting the accessibility of telephone 
        hotlines and websites regarding emergency preparedness, 
        evacuations, and disaster relief;
            (7) working to ensure that video programming 
        distributors, including broadcasters, cable operators, 
        and satellite television services, make emergency 
        information accessible to individuals with hearing and 
        vision disabilities;
            (8) ensuring the availability of accessible 
        transportation options for individuals with 
        disabilities in the event of an evacuation;
            (9) providing guidance and implementing policies to 
        ensure that the rights and wishes of individuals with 
        disabilities regarding post-evacuation residency and 
        relocation are respected;
            (10) ensuring that meeting the needs of individuals 
        with disabilities are included in the components of the 
        national preparedness system established under section 
        644 of the Post-Katrina Emergency Management Reform Act 
        of 2006; and
            (11) any other duties as assigned by the 
        Administrator.

SEC. 514. [6 U.S.C. 321C] DEPARTMENT AND AGENCY OFFICIALS.

    (a) Deputy Administrators.--The President may appoint, by 
and with the advice and consent of the Senate, not more than 4 
Deputy Administrators to assist the Administrator in carrying 
out this title.
    (b) Cybersecurity and Communications.--There is in the 
Department an Assistant Secretary for Cybersecurity and 
Communications.
    (c) United States Fire Administration.--The Administrator 
of the United States Fire Administration shall have a rank 
equivalent to an assistant secretary of the Department.

SEC. 515. [6 U.S.C. 321D] NATIONAL OPERATIONS CENTER.

    (a) Definition.--In this section, the term ``situational 
awareness'' means information gathered from a variety of 
sources that, when communicated to emergency managers and 
decision makers, can form the basis for incident management 
decisionmaking.
    (b) Establishment.--The National Operations Center is the 
principal operations center for the Department and shall--
            (1) provide situational awareness and a common 
        operating picture for the entire Federal Government, 
        and for State, local, and tribal governments as 
        appropriate, in the event of a natural disaster, act of 
        terrorism, or other man-made disaster; and
            (2) ensure that critical terrorism and disaster-
        related information reaches government decision-makers.
    (c) State and Local Fire Service Representation.--
            (1) Establishment of position.--The Secretary 
        shall, in consultation with the Administrator of the 
        United States Fire Administration, establish a fire 
        service position at the National Operations Center 
        established under subsection (b) to ensure the 
        effective sharing of information between the Federal 
        Government and State and local fire services.
            (2) Designation of position.--The Secretary shall 
        designate, on a rotating basis, a State or local fire 
        service official for the position described in 
        paragraph (1).
            (3) Management.--The Secretary shall manage the 
        position established pursuant to paragraph (1) in 
        accordance with such rules, regulations, and practices 
        as govern other similar rotating positions at the 
        National Operations Center.

SEC. 516. [6 U.S.C. 321E] CHIEF MEDICAL OFFICER.

    (a) In General.--There is in the Department a Chief Medical 
Officer, who shall be appointed by the President, by and with 
the advice and consent of the Senate.
    (b) Qualifications.--The individual appointed as Chief 
Medical Officer shall possess a demonstrated ability in and 
knowledge of medicine and public health.
    (c) Responsibilities.--The Chief Medical Officer shall have 
the primary responsibility within the Department for medical 
issues related to natural disasters, acts of terrorism, and 
other man-made disasters, including--
            (1) serving as the principal advisor to the 
        Secretary and the Administrator on medical and public 
        health issues;
            (2) coordinating the biodefense activities of the 
        Department;
            (3) ensuring internal and external coordination of 
        all medical preparedness and response activities of the 
        Department, including training, exercises, and 
        equipment support;
            (4) serving as the Department's primary point of 
        contact with the Department of Agriculture, the 
        Department of Defense, the Department of Health and 
        Human Services, the Department of Transportation, the 
        Department of Veterans Affairs, and other Federal 
        departments or agencies, on medical and public health 
        issues;
            (5) serving as the Department's primary point of 
        contact for State, local, and tribal governments, the 
        medical community, and others within and outside the 
        Department, with respect to medical and public health 
        matters;
            (6) discharging, in coordination with the Under 
        Secretary for Science and Technology, the 
        responsibilities of the Department related to Project 
        Bioshield; and
            (7) performing such other duties relating to such 
        responsibilities as the Secretary may require.

SEC. 517. [6 U.S.C. 321F] NUCLEAR INCIDENT RESPONSE.

    (a) In General.--At the direction of the Secretary (in 
connection with an actual or threatened terrorist attack, major 
disaster, or other emergency in the United States), the Nuclear 
Incident Response Team shall operate as an organizational unit 
of the Department. While so operating, the Nuclear Incident 
Response Team shall be subject to the direction, authority, and 
control of the Secretary.
    (b) Rule of Construction.--Nothing in this title shall be 
construed to limit the ordinary responsibility of the Secretary 
of Energy and the Administrator of the Environmental Protection 
Agency for organizing, training, equipping, and utilizing their 
respective entities in the Nuclear Incident Response Team, or 
(subject to the provisions of this title) from exercising 
direction, authority, and control over them when they are not 
operating as a unit of the Department.

SEC. 518. [6 U.S.C. 321G] CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED 
                    ACTIVITIES.

    (a) In General.--With respect to all public health-related 
activities to improve State, local, and hospital preparedness 
and response to chemical, biological, radiological, and nuclear 
and other emerging terrorist threats carried out by the 
Department of Health and Human Services (including the Public 
Health Service), the Secretary of Health and Human Services 
shall set priorities and preparedness goals and further develop 
a coordinated strategy for such activities in collaboration 
with the Secretary.
    (b) Evaluation of Progress.--In carrying out subsection 
(a), the Secretary of Health and Human Services shall 
collaborate with the Secretary in developing specific 
benchmarks and outcome measurements for evaluating progress 
toward achieving the priorities and goals described in such 
subsection.

SEC. 519. [6 U.S.C. 321H] USE OF NATIONAL PRIVATE SECTOR NETWORKS IN 
                    EMERGENCY RESPONSE.

    To the maximum extent practicable, the Secretary shall use 
national private sector networks and infrastructure for 
emergency response to chemical, biological, radiological, 
nuclear, or explosive disasters, and other major disasters.

SEC. 520. [6 U.S.C. 321I] USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, 
                    GOODS, AND SERVICES.

    It is the sense of Congress that--
            (1) the Secretary should, to the maximum extent 
        possible, use off-the-shelf commercially developed 
        technologies to ensure that the Department's 
        information technology systems allow the Department to 
        collect, manage, share, analyze, and disseminate 
        information securely over multiple channels of 
        communication; and
            (2) in order to further the policy of the United 
        States to avoid competing commercially with the private 
        sector, the Secretary should rely on commercial sources 
        to supply the goods and services needed by the 
        Department.

SEC. 521. [6 U.S.C. 321J] PROCUREMENT OF SECURITY COUNTERMEASURES FOR 
                    STRATEGIC NATIONAL STOCKPILE.

    (a) Authorization of Appropriations.--For the procurement 
of security countermeasures under section 319F-2(c) of the 
Public Health Service Act (referred to in this section as the 
``security countermeasures program''), there is authorized to 
be appropriated up to $5,593,000,000 for the fiscal years 2004 
through 2013. Of the amounts appropriated under the preceding 
sentence, not to exceed $3,418,000,000 may be obligated during 
the fiscal years 2004 through 2008, of which not to exceed 
$890,000,000 may be obligated during fiscal year 2004. None of 
the funds made available under this subsection shall be used to 
procure countermeasures to diagnose, mitigate, prevent, or 
treat harm resulting from any naturally occurring infectious 
disease or other public health threat that are not security 
countermeasures under section 319F-2(c)(1)(B). \1\
---------------------------------------------------------------------------
    \1\ The last sentence in section 521(a) was added to reflect the 
probable intent of Congress. Section 403(c) of Public Law 109-417 (120 
Stat. 2874) provides as follows:

    (c) Limitation on Use of Funds.--Section 510(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 320(a)) is amended by adding at the end 
the following: ``None of the funds made available under this subsection 
shall be used to procure countermeasures to diagnose, mitigate, 
prevent, or treat harm resulting from any naturally occurring 
infectious disease or other public health threat that are not security 
countermeasures under section 319F-2(c)(1)(B).''.

     Section 510 of the Homeland Security Act of 2002 was redesignated 
as section 521 by section 611(7) of Public Law 109-295 (120 Stat. 
1395).
---------------------------------------------------------------------------
    (b) Special Reserve Fund.--For purposes of the security 
countermeasures program, the term ``special reserve fund'' 
means the ``Biodefense Countermeasures'' appropriations account 
or any other appropriation made under subsection (a).
    (c) Availability.--Amounts appropriated under subsection 
(a) become available for a procurement under the security 
countermeasures program only upon the approval by the President 
of such availability for the procurement in accordance with 
paragraph (6)(B) of such program.
    (d) Related Authorizations of Appropriations.--
            (1) Threat assessment capabilities.--For the 
        purpose of carrying out the responsibilities of the 
        Secretary for terror threat assessment under the 
        security countermeasures program, there are authorized 
        to be appropriated such sums as may be necessary for 
        each of the fiscal years 2004 through 2006, for the 
        hiring of professional personnel within the Office of 
        Intelligence and Analysis, who shall be analysts 
        responsible for chemical, biological, radiological, and 
        nuclear threat assessment (including but not limited to 
        analysis of chemical, biological, radiological, and 
        nuclear agents, the means by which such agents could be 
        weaponized or used in a terrorist attack, and the 
        capabilities, plans, and intentions of terrorists and 
        other non-state actors who may have or acquire such 
        agents). All such analysts shall meet the applicable 
        standards and qualifications for the performance of 
        intelligence activities promulgated by the Director of 
        Central Intelligence pursuant to section 104 of the 
        National Security Act of 1947.
            (2) Intelligence sharing infrastructure.--For the 
        purpose of carrying out the acquisition and deployment 
        of secure facilities (including information technology 
        and physical infrastructure, whether mobile and 
        temporary, or permanent) sufficient to permit the 
        Secretary to receive, not later than 180 days after the 
        date of enactment of the Project BioShield Act of 2004, 
        all classified information and products to which the 
        Under Secretary for Intelligence and Analysis is 
        entitled under subtitle A of title II, there are 
        authorized to be appropriated such sums as may be 
        necessary for each of the fiscal years 2004 through 
        2006.

SEC. 522. [6 U.S.C. 321K] MODEL STANDARDS AND GUIDELINES FOR CRITICAL 
                    INFRASTRUCTURE WORKERS.

    (a) In General.--Not later than 12 months after the date of 
enactment of the Implementing Recommendations of the 9/11 
Commission Act of 2007, and in coordination with appropriate 
national professional organizations, Federal, State, local, and 
tribal government agencies, and private-sector and 
nongovernmental entities, the Administrator shall establish 
model standards and guidelines for credentialing critical 
infrastructure workers that may be used by a State to 
credential critical infrastructure workers that may respond to 
a natural disaster, act of terrorism, or other man-made 
disaster.
    (b) Distribution and Assistance.--The Administrator shall 
provide the standards developed under subsection (a), including 
detailed written guidance, to State, local, and tribal 
governments, and provide expertise and technical assistance to 
aid such governments with credentialing critical infrastructure 
workers that may respond to a natural disaster, act of 
terrorism, or other manmade disaster.

SEC. 523. [6 U.S.C. 321L] GUIDANCE AND RECOMMENDATIONS.

    (a) In General.--Consistent with their responsibilities and 
authorities under law, as of the day before the date of the 
enactment of this section, the Administrator and the Assistant 
Secretary for Infrastructure Protection, in consultation with 
the private sector, may develop guidance or recommendations and 
identify best practices to assist or foster action by the 
private sector in--
            (1) identifying potential hazards and assessing 
        risks and impacts;
            (2) mitigating the impact of a wide variety of 
        hazards, including weapons of mass destruction;
            (3) managing necessary emergency preparedness and 
        response resources;
            (4) developing mutual aid agreements;
            (5) developing and maintaining emergency 
        preparedness and response plans, and associated 
        operational procedures;
            (6) developing and conducting training and 
        exercises to support and evaluate emergency 
        preparedness and response plans and operational 
        procedures;
            (7) developing and conducting training programs for 
        security guards to implement emergency preparedness and 
        response plans and operations procedures; and
            (8) developing procedures to respond to requests 
        for information from the media or the public.
    (b) Issuance and Promotion.--Any guidance or 
recommendations developed or best practices identified under 
subsection (a) shall be--
            (1) issued through the Administrator; and
            (2) promoted by the Secretary to the private 
        sector.
    (c) Small Business Concerns.--In developing guidance or 
recommendations or identifying best practices under subsection 
(a), the Administrator and the Assistant Secretary for 
Infrastructure Protection shall take into consideration small 
business concerns (under the meaning given that term in section 
3 of the Small Business Act (15 U.S.C. 632)), including any 
need for separate guidance or recommendations or best 
practices, as necessary and appropriate.
    (d) Rule of Construction.--Nothing in this section may be 
construed to supersede any requirement established under any 
other provision of law.

SEC. 524. [6 U.S.C. 321M] VOLUNTARY PRIVATE SECTOR PREPAREDNESS 
                    ACCREDITATION AND CERTIFICATION PROGRAM.

    (a) Establishment.--
            (1) In general.--The Secretary, acting through the 
        officer designated under paragraph (2), shall establish 
        and implement the voluntary private sector preparedness 
        accreditation and certification program in accordance 
        with this section.
            (2) Designation of officer.--The Secretary shall 
        designate an officer responsible for the accreditation 
        and certification program under this section. Such 
        officer (hereinafter referred to in this section as the 
        ``designated officer'') shall be one of the following:
                    (A) The Administrator, based on 
                consideration of--
                            (i) the expertise of the 
                        Administrator in emergency management 
                        and preparedness in the United States; 
                        and
                            (ii) the responsibilities of the 
                        Administrator as the principal advisor 
                        to the President for all matters 
                        relating to emergency management in the 
                        United States.
                    (B) The Assistant Secretary for 
                Infrastructure Protection, based on 
                consideration of the expertise of the Assistant 
                Secretary in, and responsibilities for--
                            (i) protection of critical 
                        infrastructure;
                            (ii) risk assessment methodologies; 
                        and
                            (iii) interacting with the private 
                        sector on the issues described in 
                        clauses (i) and (ii).
                    (C) The Under Secretary for Science and 
                Technology, based on consideration of the 
                expertise of the Under Secretary in, and 
                responsibilities associated with, standards.
            (3) Coordination.--In carrying out the 
        accreditation and certification program under this 
        section, the designated officer shall coordinate with--
                    (A) the other officers of the Department 
                referred to in paragraph (2), using the 
                expertise and responsibilities of such 
                officers; and
                    (B) the Special Assistant to the Secretary 
                for the Private Sector, based on consideration 
                of the expertise of the Special Assistant in, 
                and responsibilities for, interacting with the 
                private sector.
    (b) Voluntary Private Sector Preparedness Standards; 
Voluntary Accreditation and Certification Program for the 
Private Sector.--
            (1) Accreditation and certification program.--Not 
        later than 210 days after the date of enactment of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007, the designated officer shall--
                    (A) begin supporting the development and 
                updating, as necessary, of voluntary 
                preparedness standards through appropriate 
                organizations that coordinate or facilitate the 
                development and use of voluntary consensus 
                standards and voluntary consensus standards 
                development organizations; and
                    (B) in consultation with representatives of 
                appropriate organizations that coordinate or 
                facilitate the development and use of voluntary 
                consensus standards, appropriate voluntary 
                consensus standards development organizations, 
                each private sector advisory council created 
                under section 102(f)(4), appropriate 
                representatives of State and local governments, 
                including emergency management officials, and 
                appropriate private sector advisory groups, 
                such as sector coordinating councils and 
                information sharing and analysis centers--
                            (i) develop and promote a program 
                        to certify the preparedness of private 
                        sector entities that voluntarily choose 
                        to seek certification under the 
                        program; and
                            (ii) implement the program under 
                        this subsection through any entity with 
                        which the designated officer enters 
                        into an agreement under paragraph 
                        (3)(A), which shall accredit third 
                        parties to carry out the certification 
                        process under this section.
            (2) Program elements.--
                    (A) In general.--
                            (i) Program.--The program developed 
                        and implemented under this subsection 
                        shall assess whether a private sector 
                        entity complies with voluntary 
                        preparedness standards.
                            (ii) Guidelines.--In developing the 
                        program under this subsection, the 
                        designated officer shall develop 
                        guidelines for the accreditation and 
                        certification processes established 
                        under this subsection.
                    (B) Standards.--The designated officer, in 
                consultation with representatives of 
                appropriate organizations that coordinate or 
                facilitate the development and use of voluntary 
                consensus standards, representatives of 
                appropriate voluntary consensus standards 
                development organizations, each private sector 
                advisory council created under section 
                102(f)(4), appropriate representatives of State 
                and local governments, including emergency 
                management officials, and appropriate private 
                sector advisory groups such as sector 
                coordinating councils and information sharing 
                and analysis centers--
                            (i) shall adopt one or more 
                        appropriate voluntary preparedness 
                        standards that promote preparedness, 
                        which may be tailored to address the 
                        unique nature of various sectors within 
                        the private sector, as necessary and 
                        appropriate, that shall be used in the 
                        accreditation and certification program 
                        under this subsection; and
                            (ii) after the adoption of one or 
                        more standards under clause (i), may 
                        adopt additional voluntary preparedness 
                        standards or modify or discontinue the 
                        use of voluntary preparedness standards 
                        for the accreditation and certification 
                        program, as necessary and appropriate 
                        to promote preparedness.
                    (C) Submission of recommendations.--In 
                adopting one or more standards under 
                subparagraph (B), the designated officer may 
                receive recommendations from any entity 
                described in that subparagraph relating to 
                appropriate voluntary preparedness standards, 
                including appropriate sector specific 
                standards, for adoption in the program.
                    (D) Small business concerns.--The 
                designated officer and any entity with which 
                the designated officer enters into an agreement 
                under paragraph (3)(A) shall establish separate 
                classifications and methods of certification 
                for small business concerns (under the meaning 
                given that term in section 3 of the Small 
                Business Act (15 U.S.C. 632)) for the program 
                under this subsection.
                    (E) Considerations.--In developing and 
                implementing the program under this subsection, 
                the designated officer shall--
                            (i) consider the unique nature of 
                        various sectors within the private 
                        sector, including preparedness 
                        standards, business continuity 
                        standards, or best practices, 
                        established--
                                    (I) under any other 
                                provision of Federal law; or
                                    (II) by any sector-specific 
                                agency, as defined under 
                                Homeland Security Presidential 
                                Directive-7; and
                            (ii) coordinate the program, as 
                        appropriate, with--
                                    (I) other Department 
                                private sector related 
                                programs; and
                                    (II) preparedness and 
                                business continuity programs in 
                                other Federal agencies.
            (3) Accreditation and certification processes.--
                    (A) Agreement.--
                            (i) In general.--Not later than 210 
                        days after the date of enactment of the 
                        Implementing Recommendations of the 9/
                        11 Commission Act of 2007, the 
                        designated officer shall enter into one 
                        or more agreements with a highly 
                        qualified nongovernmental entity with 
                        experience or expertise in coordinating 
                        and facilitating the development and 
                        use of voluntary consensus standards 
                        and in managing or implementing 
                        accreditation and certification 
                        programs for voluntary consensus 
                        standards, or a similarly qualified 
                        private sector entity, to carry out 
                        accreditations and oversee the 
                        certification process under this 
                        subsection. An entity entering into an 
                        agreement with the designated officer 
                        under this clause (hereinafter referred 
                        to in this section as a ``selected 
                        entity'') shall not perform 
                        certifications under this subsection.
                            (ii) Contents.--A selected entity 
                        shall manage the accreditation process 
                        and oversee the certification process 
                        in accordance with the program 
                        established under this subsection and 
                        accredit qualified third parties to 
                        carry out the certification program 
                        established under this subsection.
                    (B) Procedures and requirements for 
                accreditation and certification.--
                            (i) In general.--Any selected 
                        entity shall collaborate to develop 
                        procedures and requirements for the 
                        accreditation and certification 
                        processes under this subsection, in 
                        accordance with the program established 
                        under this subsection and guidelines 
                        developed under paragraph (2)(A)(ii).
                            (ii) Contents and use.--The 
                        procedures and requirements developed 
                        under clause (i) shall--
                                    (I) ensure reasonable 
                                uniformity in any accreditation 
                                and certification processes if 
                                there is more than one selected 
                                entity; and
                                    (II) be used by any 
                                selected entity in conducting 
                                accreditations and overseeing 
                                the certification process under 
                                this subsection.
                            (iii) Disagreement.--Any 
                        disagreement among selected entities in 
                        developing procedures under clause (i) 
                        shall be resolved by the designated 
                        officer.
                    (C) Designation.--A selected entity may 
                accredit any qualified third party to carry out 
                the certification process under this 
                subsection.
                    (D) Disadvantaged business involvement.--In 
                accrediting qualified third parties to carry 
                out the certification process under this 
                subsection, a selected entity shall ensure, to 
                the extent practicable, that the third parties 
                include qualified small, minority, women-owned, 
                or disadvantaged business concerns when 
                appropriate. The term ``disadvantaged business 
                concern'' means a small business that is owned 
                and controlled by socially and economically 
                disadvantaged individuals, as defined in 
                section 124 of title 13, United States Code of 
                Federal Regulations.
                    (E) Treatment of other certifications.--At 
                the request of any entity seeking 
                certification, any selected entity may 
                consider, as appropriate, other relevant 
                certifications acquired by the entity seeking 
                certification. If the selected entity 
                determines that such other certifications are 
                sufficient to meet the certification 
                requirement or aspects of the certification 
                requirement under this section, the selected 
                entity may give credit to the entity seeking 
                certification, as appropriate, to avoid 
                unnecessarily duplicative certification 
                requirements.
                    (F) Third parties.--To be accredited under 
                subparagraph (C), a third party shall--
                            (i) demonstrate that the third 
                        party has the ability to certify 
                        private sector entities in accordance 
                        with the procedures and requirements 
                        developed under subparagraph (B);
                            (ii) agree to perform 
                        certifications in accordance with such 
                        procedures and requirements;
                            (iii) agree not to have any 
                        beneficial interest in or any direct or 
                        indirect control over--
                                    (I) a private sector entity 
                                for which that third party 
                                conducts a certification under 
                                this subsection; or
                                    (II) any organization that 
                                provides preparedness 
                                consulting services to private 
                                sector entities;
                            (iv) agree not to have any other 
                        conflict of interest with respect to 
                        any private sector entity for which 
                        that third party conducts a 
                        certification under this subsection;
                            (v) maintain liability insurance 
                        coverage at policy limits in accordance 
                        with the requirements developed under 
                        subparagraph (B); and
                            (vi) enter into an agreement with 
                        the selected entity accrediting that 
                        third party to protect any proprietary 
                        information of a private sector entity 
                        obtained under this subsection.
                    (G) Monitoring.--
                            (i) In general.--The designated 
                        officer and any selected entity shall 
                        regularly monitor and inspect the 
                        operations of any third party 
                        conducting certifications under this 
                        subsection to ensure that the third 
                        party is complying with the procedures 
                        and requirements established under 
                        subparagraph (B) and all other 
                        applicable requirements.
                            (ii) Revocation.--If the designated 
                        officer or any selected entity 
                        determines that a third party is not 
                        meeting the procedures or requirements 
                        established under subparagraph (B), the 
                        selected entity shall--
                                    (I) revoke the 
                                accreditation of that third 
                                party to conduct certifications 
                                under this subsection; and
                                    (II) review any 
                                certification conducted by that 
                                third party, as necessary and 
                                appropriate.
            (4) Annual review.--
                    (A) In general.--The designated officer, in 
                consultation with representatives of 
                appropriate organizations that coordinate or 
                facilitate the development and use of voluntary 
                consensus standards, appropriate voluntary 
                consensus standards development organizations, 
                appropriate representatives of State and local 
                governments, including emergency management 
                officials, and each private sector advisory 
                council created under section 102(f)(4), shall 
                annually review the voluntary accreditation and 
                certification program established under this 
                subsection to ensure the effectiveness of such 
                program (including the operations and 
                management of such program by any selected 
                entity and the selected entity's inclusion of 
                qualified disadvantaged business concerns under 
                paragraph (3)(D)) and make improvements and 
                adjustments to the program as necessary and 
                appropriate.
                    (B) Review of standards.--Each review under 
                subparagraph (A) shall include an assessment of 
                the voluntary preparedness standard or 
                standards used in the program under this 
                subsection.
            (5) Voluntary participation.--Certification under 
        this subsection shall be voluntary for any private 
        sector entity.
            (6) Public listing.--The designated officer shall 
        maintain and make public a listing of any private 
        sector entity certified as being in compliance with the 
        program established under this subsection, if that 
        private sector entity consents to such listing.
    (c) Rule of Construction.--Nothing in this section may be 
construed as--
            (1) a requirement to replace any preparedness, 
        emergency response, or business continuity standards, 
        requirements, or best practices established--
                    (A) under any other provision of federal 
                law; or
                    (B) by any sector-specific agency, as those 
                agencies are defined under Homeland Security 
                Presidential Directive-7; or
            (2) exempting any private sector entity seeking 
        certification or meeting certification requirements 
        under subsection (b) from compliance with all 
        applicable statutes, regulations, directives, policies, 
        and industry codes of practice.

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

SEC. 601. [6 U.S.C. 331] TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF 
                    THE ARMED FORCES OF THE UNITED STATES AND OTHER 
                    GOVERNMENTAL ORGANIZATIONS.

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

                         TITLE VII--MANAGEMENT

SEC. 701. [6 U.S.C. 341] UNDER SECRETARY FOR MANAGEMENT.

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

SEC. 702. [6 U.S.C. 342] CHIEF FINANCIAL OFFICER.

    (a) In General.--The Chief Financial Officer shall perform 
functions as specified in chapter 9 of title 31, United States 
Code, and, with respect to all such functions and other 
responsibilities that may be assigned to the Chief Financial 
Officer from time to time, shall also report to the Under 
Secretary for Management.
    (b) Program Analysis and Evaluation Function.--
            (1) Establishment of office of program analysis and 
        evaluation.--Not later than 90 days after the date of 
        enactment of this subsection, the Secretary shall 
        establish an Office of Program Analysis and Evaluation 
        within the Department (in this section referred to as 
        the ``Office'').
            (2) Responsibilities.--The Office shall perform the 
        following functions:
                    (A) Analyze and evaluate plans, programs, 
                and budgets of the Department in relation to 
                United States homeland security objectives, 
                projected threats, vulnerability assessments, 
                estimated costs, resource constraints, and the 
                most recent homeland security strategy 
                developed pursuant to section 874(b)(2).
                    (B) Develop and perform analyses and 
                evaluations of alternative plans, programs, 
                personnel levels, and budget submissions for 
                the Department in relation to United States 
                homeland security objectives, projected 
                threats, vulnerability assessments, estimated 
                costs, resource constraints, and the most 
                recent homeland security strategy developed 
                pursuant to section 874(b)(2).
                    (C) Establish policies for, and oversee the 
                integration of, the planning, programming, and 
                budgeting system of the Department.
                    (D) Review and ensure that the Department 
                meets performance-based budget requirements 
                established by the Office of Management and 
                Budget.
                    (E) Provide guidance for, and oversee the 
                development of, the Future Years Homeland 
                Security Program of the Department, as 
                specified under section 874.
                    (F) Ensure that the costs of Department 
                programs, including classified programs, are 
                presented accurately and completely.
                    (G) Oversee the preparation of the annual 
                performance plan for the Department and the 
                program and performance section of the annual 
                report on program performance for the 
                Department, consistent with sections 1115 and 
                1116, respectively, of title 31, United States 
                Code.
                    (H) Provide leadership in developing and 
                promoting improved analytical tools and methods 
                for analyzing homeland security planning and 
                the allocation of resources.
                    (I) Any other responsibilities delegated by 
                the Secretary consistent with an effective 
                program analysis and evaluation function.
            (3) Director of program analysis and evaluation.--
        There shall be a Director of Program Analysis and 
        Evaluation, who--
                    (A) shall be a principal staff assistant to 
                the Chief Financial Officer of the Department 
                for program analysis and evaluation; and
                    (B) shall report to an official no lower 
                than the Chief Financial Officer.
            (4) Reorganization.--
                    (A) In general.--The Secretary may allocate 
                or reallocate the functions of the Office, or 
                discontinue the Office, in accordance with 
                section 872(a).
                    (B) Exemption from limitations.--Section 
                872(b) shall not apply to any action by the 
                Secretary under this paragraph.
    (c) Notification Regarding Transfer or Reprogramming of 
Funds.--In any case in which appropriations available to the 
Department or any officer of the Department are transferred or 
reprogrammed and notice of such transfer or reprogramming is 
submitted to the Congress (including any officer, office, or 
Committee of the Congress), the Chief Financial Officer of the 
Department shall simultaneously submit such notice to the 
Select Committee on Homeland Security (or any successor to the 
jurisdiction of that committee) and the Committee on Government 
Reform of the House of Representatives, and to the Committee on 
Governmental Affairs of the Senate.

SEC. 703. [6 U.S.C. 343] CHIEF INFORMATION OFFICER.

    (a) In General.--The Chief Information Officer shall report 
to the Secretary, or to another official of the Department, as 
the Secretary may direct.
    (b) Geospatial Information Functions.--
            (1) Definitions.--As used in this subsection:
                    (A) Geospatial information.--The term 
                ``geospatial information'' means graphical or 
                digital data depicting natural or manmade 
                physical features, phenomena, or boundaries of 
                the earth and any information related thereto, 
                including surveys, maps, charts, remote sensing 
                data, and images.
                    (B) Geospatial technology.--The term 
                ``geospatial technology'' means any technology 
                utilized by analysts, specialists, surveyors, 
                photogrammetrists, hydrographers, geodesists, 
                cartographers, architects, or engineers for the 
                collection, storage, retrieval, or 
                dissemination of geospatial information, 
                including--
                            (i) global satellite surveillance 
                        systems;
                            (ii) global position systems;
                            (iii) geographic information 
                        systems;
                            (iv) mapping equipment;
                            (v) geocoding technology; and
                            (vi) remote sensing devices.
            (2) Office of geospatial management.--
                    (A) Establishment.--The Office of 
                Geospatial Management is established within the 
                Office of the Chief Information Officer.
                    (B) Geospatial information officer.--
                            (i) Appointment.--The Office of 
                        Geospatial Management shall be 
                        administered by the Geospatial 
                        Information Officer, who shall be 
                        appointed by the Secretary and serve 
                        under the direction of the Chief 
                        Information Officer.
                            (ii) Functions.--The Geospatial 
                        Information Officer shall assist the 
                        Chief Information Officer in carrying 
                        out all functions under this section 
                        and in coordinating the geospatial 
                        information needs of the Department.
                    (C) Coordination of geospatial 
                information.--The Chief Information Officer 
                shall establish and carry out a program to 
                provide for the efficient use of geospatial 
                information, which shall include--
                            (i) providing such geospatial 
                        information as may be necessary to 
                        implement the critical infrastructure 
                        protection programs;
                            (ii) providing leadership and 
                        coordination in meeting the geospatial 
                        information requirements of those 
                        responsible for planning, prevention, 
                        mitigation, assessment and response to 
                        emergencies, critical infrastructure 
                        protection, and other functions of the 
                        Department; and
                            (iii) coordinating with users of 
                        geospatial information within the 
                        Department to assure interoperability 
                        and prevent unnecessary duplication.
                    (D) Responsibilities.--In carrying out this 
                subsection, the responsibilities of the Chief 
                Information Officer shall include--
                            (i) coordinating the geospatial 
                        information needs and activities of the 
                        Department;
                            (ii) implementing standards, as 
                        adopted by the Director of the Office 
                        of Management and Budget under the 
                        processes established under section 216 
                        of the E-Government Act of 2002 (44 
                        U.S.C. 3501 note), to facilitate the 
                        interoperability of geospatial 
                        information pertaining to homeland 
                        security among all users of such 
                        information within--
                                    (I) the Department;
                                    (II) State and local 
                                government; and
                                    (III) the private sector;
                            (iii) coordinating with the Federal 
                        Geographic Data Committee and carrying 
                        out the responsibilities of the 
                        Department pursuant to Office of 
                        Management and Budget Circular A-16 and 
                        Executive Order 12906; and
                            (iv) making recommendations to the 
                        Secretary and the Executive Director of 
                        the Office for State and Local 
                        Government Coordination and 
                        Preparedness on awarding grants to--
                                    (I) fund the creation of 
                                geospatial data; and
                                    (II) execute information 
                                sharing agreements regarding 
                                geospatial data with State, 
                                local, and tribal governments.
            (3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be 
        necessary to carry out this subsection for each fiscal 
        year.

SEC. 704. [6 U.S.C. 344] CHIEF HUMAN CAPITAL OFFICER.

    The Chief Human Capital Officer shall report to the 
Secretary, or to another official of the Department, as the 
Secretary may direct and shall ensure that all employees of the 
Department are informed of their rights and remedies under 
chapters 12 and 23 of title 5, United States Code, by--
            (1) participating in the 2302(c) Certification 
        Program of the Office of Special Counsel;
            (2) achieving certification from the Office of 
        Special Counsel of the Department's compliance with 
        section 2302(c) of title 5, United States Code; and
            (3) informing Congress of such certification not 
        later than 24 months after the date of enactment of 
        this Act.

SEC. 705. [6 U.S.C. 345] ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND 
                    CIVIL LIBERTIES.

    (a) In General.--The Officer for Civil Rights and Civil 
Liberties, who shall report directly to the Secretary, shall--
            (1) review and assess information concerning abuses 
        of civil rights, civil liberties, and profiling on the 
        basis of race, ethnicity, or religion, by employees and 
        officials of the Department;
            (2) make public through the Internet, radio, 
        television, or newspaper advertisements information on 
        the responsibilities and functions of, and how to 
        contact, the Officer;
            (3) assist the Secretary, directorates, and offices 
        of the Department to develop, implement, and 
        periodically review Department policies and procedures 
        to ensure that the protection of civil rights and civil 
        liberties is appropriately incorporated into Department 
        programs and activities;
            (4) oversee compliance with constitutional, 
        statutory, regulatory, policy, and other requirements 
        relating to the civil rights and civil liberties of 
        individuals affected by the programs and activities of 
        the Department;
            (5) coordinate with the Privacy Officer to ensure 
        that--
                    (A) programs, policies, and procedures 
                involving civil rights, civil liberties, and 
                privacy considerations are addressed in an 
                integrated and comprehensive manner; and
                    (B) Congress receives appropriate reports 
                regarding such programs, policies, and 
                procedures; and
            (6) investigate complaints and information 
        indicating possible abuses of civil rights or civil 
        liberties, unless the Inspector General of the 
        Department determines that any such complaint or 
        information should be investigated by the Inspector 
        General.
            (b) Report.--The Secretary shall submit to the 
        President of the Senate, the Speaker of the House of 
        Representatives, and the appropriate committees and 
        subcommittees of Congress on an annual basis a report 
        on the implementation of this section, including the 
        use of funds appropriated to carry out this section, 
        and detailing any allegations of abuses described under 
        subsection (a)(1) and any actions taken by the 
        Department in response to such allegations.

SEC. 706. [6 U.S.C. 346] CONSOLIDATION AND CO-LOCATION OF OFFICES.

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

SEC. 707. [6 U.S.C. 347] QUADRENNIAL HOMELAND SECURITY REVIEW.

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

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

           Subtitle A--Coordination with Non-Federal Entities

SEC. 801. [6 U.S.C. 361] OFFICE FOR STATE AND LOCAL GOVERNMENT 
                    COORDINATION.

    (a) Establishment.--There is established within the Office 
of the Secretary the Office for State and Local Government 
Coordination, to oversee and coordinate departmental programs 
for and relationships with State and local governments.
    (b) Responsibilities.--The Office established under 
subsection (a) shall--
            (1) coordinate the activities of the Department 
        relating to State and local government;
            (2) assess, and advocate for, the resources needed 
        by State and local government to implement the national 
        strategy for combating terrorism;
            (3) provide State and local government with regular 
        information, research, and technical support to assist 
        local efforts at securing the homeland; and
            (4) develop a process for receiving meaningful 
        input from State and local government to assist the 
        development of the national strategy for combating 
        terrorism and other homeland security activities.

                     Subtitle B--Inspector General

[SEC. 811. REPEALED]

          * * * * * * *

SEC. 812. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.

    (a)  * * *
          * * * * * * *
    (b) [5 U.S.C. app. 6 note] Promulgation of Initial 
Guidelines.--
            (1) Definition.--In this subsection, the term 
        ``memoranda of understanding'' means the agreements 
        between the Department of Justice and the Inspector 
        General offices described under section 6(e)(3) of the 
        Inspector General Act of 1978 (5 U.S.C. App.) (as added 
        by subsection (a) of this section) that--
                    (A) are in effect on the date of enactment 
                of this Act; and
                    (B) authorize such offices to exercise 
                authority that is the same or similar to the 
                authority under section 6(e)(1) of such Act.
            (2) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Attorney General 
        shall promulgate guidelines under section 6(e)(4) of 
        the Inspector General Act of 1978 (5 U.S.C. App.) (as 
        added by subsection (a) of this section) applicable to 
        the Inspector General offices described under section 
        6(e)(3) of that Act.
            (3) Minimum requirements.--The guidelines 
        promulgated under this subsection shall include, at a 
        minimum, the operational and training requirements in 
        the memoranda of understanding.
            (4) No lapse of authority.--The memoranda of 
        understanding in effect on the date of enactment of 
        this Act shall remain in effect until the guidelines 
        promulgated under this subsection take effect.
    (c) [5 U.S.C. app. 6 note] Effective Dates.--
            (1) In general.--Subsection (a) shall take effect 
        180 days after the date of enactment of this Act.
            (2) Initial guidelines.--Subsection (b) shall take 
        effect on the date of enactment of this Act.

                Subtitle C--United States Secret Service

SEC. 821. [6 U.S.C. 381] FUNCTIONS TRANSFERRED.

    In accordance with title XV, there shall be transferred to 
the Secretary the functions, personnel, assets, and obligations 
of the United States Secret Service, which shall be maintained 
as a distinct entity within the Department, including the 
functions of the Secretary of the Treasury relating thereto.

                        Subtitle D--Acquisitions

SEC. 831. [6 U.S.C. 391] RESEARCH AND DEVELOPMENT PROJECTS.

    (a) Authority.--Until September 30, 2009 and subject to 
subsection (d), the Secretary may carry out a pilot program 
under which the Secretary may exercise the following 
authorities:
            (1) In general.--When the Secretary carries out 
        basic, applied, and advanced research and development 
        projects, including the expenditure of funds for such 
        projects, the Secretary may exercise the same authority 
        (subject to the same limitations and conditions) with 
        respect to such research and projects as the Secretary 
        of Defense may exercise under section 2371 of title 10, 
        United States Code (except for subsections (b) and 
        (f)), after making a determination that the use of a 
        contract, grant, or cooperative agreement for such 
        project is not feasible or appropriate. The annual 
        report required under subsection (b) of this section, 
        as applied to the Secretary by this paragraph, shall be 
        submitted to the President of the Senate and the 
        Speaker of the House of Representatives.
            (2) Prototype projects.--The Secretary may, under 
        the authority of paragraph (1), carry out prototype 
        projects in accordance with the requirements and 
        conditions provided for carrying out prototype projects 
        under section 845 of the National Defense Authorization 
        Act for Fiscal Year 1994 (Public Law 103-160). In 
        applying the authorities of that section 845, 
        subsection (c) of that section shall apply with respect 
        to prototype projects under this paragraph, and the 
        Secretary shall perform the functions of the Secretary 
        of Defense under subsection (d) thereof.
    (b) Report.--Not later than 2 years after the effective 
date of this Act, and annually thereafter, the Comptroller 
General shall report to the Committee on Government Reform of 
the House of Representatives and the Committee on Governmental 
Affairs of the Senate on--
            (1) whether use of the authorities described in 
        subsection (a) attracts nontraditional Government 
        contractors and results in the acquisition of needed 
        technologies; and
            (2) if such authorities were to be made permanent, 
        whether additional safeguards are needed with respect 
        to the use of such authorities.
    (c) Procurement of Temporary and Intermittent Services.--
The Secretary may--
            (1) procure the temporary or intermittent services 
        of experts or consultants (or organizations thereof) in 
        accordance with section 3109(b) of title 5, United 
        States Code; and
            (2) whenever necessary due to an urgent homeland 
        security need, procure temporary (not to exceed 1 year) 
        or intermittent personal services, including the 
        services of experts or consultants (or organizations 
        thereof), without regard to the pay limitations of such 
        section 3109.
    (d) Additional Requirements.--
            (1) In general.--The authority of the Secretary 
        under this section shall terminate September 30, 2009, 
        unless before that date the Secretary--
                    (A) issues policy guidance detailing the 
                appropriate use of that authority; and
                    (B) provides training to each employee that 
                is authorized to exercise that authority.
            (2) Report.--The Secretary shall provide an annual 
        report to the Committees on Appropriations of the 
        Senate and the House of Representatives, the Committee 
        on Homeland Security and Governmental Affairs of the 
        Senate, and the Committee on Homeland Security of the 
        House of Representatives detailing the projects for 
        which the authority granted by subsection (a) was used, 
        the rationale for its use, the funds spent using that 
        authority, the outcome of each project for which that 
        authority was used, and the results of any audits of 
        such projects.
    (e) Definition of Nontraditional Government Contractor.--In 
this section, the term ``nontraditional Government contractor'' 
has the same meaning as the term ``nontraditional defense 
contractor'' as defined in section 845(e) of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2371 note).

SEC. 832. [6 U.S.C. 392] PERSONAL SERVICES.

    The Secretary--
            (1) may procure the temporary or intermittent 
        services of experts or consultants (or organizations 
        thereof) in accordance with section 3109 of title 5, 
        United States Code; and
            (2) may, whenever necessary due to an urgent 
        homeland security need, procure temporary (not to 
        exceed 1 year) or intermittent personal services, 
        including the services of experts or consultants (or 
        organizations thereof), without regard to the pay 
        limitations of such section 3109.

SEC. 833. [6 U.S.C. 393] SPECIAL STREAMLINED ACQUISITION AUTHORITY.

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

SEC. 834. [6 U.S.C. 394] UNSOLICITED PROPOSALS.

    (a) Regulations Required.--Within 1 year of the date of 
enactment of this Act, the Federal Acquisition Regulation shall 
be revised to include regulations with regard to unsolicited 
proposals.
    (b) Content of Regulations.--The regulations prescribed 
under subsection (a) shall require that before initiating a 
comprehensive evaluation, an agency contact point shall 
consider, among other factors, that the proposal--
            (1) is not submitted in response to a previously 
        published agency requirement; and
            (2) contains technical and cost information for 
        evaluation and overall scientific, technical or 
        socioeconomic merit, or cost-related or price-related 
        factors.

SEC. 835. [6 U.S.C. 395] PROHIBITION ON CONTRACTS WITH CORPORATE 
                    EXPATRIATES.

    (a) In General.--The Secretary may not enter into any 
contract with a foreign incorporated entity which is treated as 
an inverted domestic corporation under subsection (b), or any 
subsidiary of such an entity.
    (b) Inverted Domestic Corporation.--For purposes of this 
section, a foreign incorporated entity shall be treated as an 
inverted domestic corporation if, pursuant to a plan (or a 
series of related transactions)--
            (1) the entity completes before, on, or after the 
        date of enactment of this Act, the direct or indirect 
        acquisition of substantially all of the properties held 
        directly or indirectly by a domestic corporation or 
        substantially all of the properties constituting a 
        trade or business of a domestic partnership;
            (2) after the acquisition at least 80 percent of 
        the stock (by vote or value) of the entity is held--
                    (A) in the case of an acquisition with 
                respect to a domestic corporation, by former 
                shareholders of the domestic corporation by 
                reason of holding stock in the domestic 
                corporation; or
                    (B) in the case of an acquisition with 
                respect to a domestic partnership, by former 
                partners of the domestic partnership by reason 
                of holding a capital or profits interest in the 
                domestic partnership; and
            (3) the expanded affiliated group which after the 
        acquisition includes the entity does not have 
        substantial business activities in the foreign country 
        in which or under the law of which the entity is 
        created or organized when compared to the total 
        business activities of such expanded affiliated group.
    (c) Definitions and Special Rules.--
            (1) Rules for application of subsection (b).--In 
        applying subsection (b) for purposes of subsection (a), 
        the following rules shall apply:
                    (A) Certain stock disregarded.--There shall 
                not be taken into account in determining 
                ownership for purposes of subsection (b)(2)--
                            (i) stock held by members of the 
                        expanded affiliated group which 
                        includes the foreign incorporated 
                        entity; or
                            (ii) stock of such entity which is 
                        sold in a public offering related to 
                        the acquisition described in subsection 
                        (b)(1).
                    (B) Plan deemed in certain cases.--If a 
                foreign incorporated entity acquires directly 
                or indirectly substantially all of the 
                properties of a domestic corporation or 
                partnership during the 4-year period beginning 
                on the date which is 2 years before the 
                ownership requirements of subsection (b)(2) are 
                met, such actions shall be treated as pursuant 
                to a plan.
                    (C) Certain transfers disregarded.--The 
                transfer of properties or liabilities 
                (including by contribution or distribution) 
                shall be disregarded if such transfers are part 
                of a plan a principal purpose of which is to 
                avoid the purposes of this section.
                    (D) Special rule for related 
                partnerships.--For purposes of applying 
                subsection (b) to the acquisition of a domestic 
                partnership, except as provided in regulations, 
                all domestic partnerships which are under 
                common control (within the meaning of section 
                482 of the Internal Revenue Code of 1986) shall 
                be treated as I partnership.
                    (E) Treatment of certain rights.--The 
                Secretary shall prescribe such regulations as 
                may be necessary to--
                            (i) treat warrants, options, 
                        contracts to acquire stock, convertible 
                        debt instruments, and other similar 
                        interests as stock; and
                            (ii) treat stock as not stock.
            (2) Expanded affiliated group.--The term ``expanded 
        affiliated group'' means an affiliated group as defined 
        in section 1504(a) of the Internal Revenue Code of 1986 
        (without regard to section 1504(b) of such Code), 
        except that section 1504 of such Code shall be applied 
        by substituting ``more than 50 percent'' for ``at least 
        80 percent'' each place it appears.
            (3) Foreign incorporated entity.--The term 
        ``foreign incorporated entity'' means any entity which 
        is, or but for subsection (b) would be, treated as a 
        foreign corporation for purposes of the Internal 
        Revenue Code of 1986.
            (4) Other definitions.--The terms ``person'', 
        ``domestic'', and ``foreign'' have the meanings given 
        such terms by paragraphs (1), (4), and (5) of section 
        7701(a) of the Internal Revenue Code of 1986, 
        respectively.
    (d) Waivers.--The Secretary shall waive subsection (a) with 
respect to any specific contract if the Secretary determines 
that the waiver is required in the interest of national 
security.
          * * * * * * *

                 Subtitle E--Human Resources Management

SEC. 841. [6 U.S.C. 411] ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT 
                    SYSTEM.

    (a) Authority.--
            (1) Sense of congress.--It is the sense of Congress 
        that--
                    (A) it is extremely important that 
                employees of the Department be allowed to 
                participate in a meaningful way in the creation 
                of any human resources management system 
                affecting them;
                    (B) such employees have the most direct 
                knowledge of the demands of their jobs and have 
                a direct interest in ensuring that their human 
                resources management system is conducive to 
                achieving optimal operational efficiencies;
                    (C) the 21st century human resources 
                management system envisioned for the Department 
                should be one that benefits from the input of 
                its employees; and
                    (D) this collaborative effort will help 
                secure our homeland.
          * * * * * * *
    (b) Effect on Personnel.--
            (1) Nonseparation or nonreduction in grade or 
        compensation of full-time personnel and part-time 
        personnel holding permanent positions.--Except as 
        otherwise provided in this Act, the transfer under this 
        Act of full-time personnel (except special Government 
        employees) and part-time personnel holding permanent 
        positions shall not cause any such employee to be 
        separated or reduced in grade or compensation for 1 
        year after the date of transfer to the Department.
            (2) Positions compensated in accordance with 
        executive schedule.--Any person who, on the day 
        preceding such person's date of transfer pursuant to 
        this Act, held a position compensated in accordance 
        with the Executive Schedule prescribed in chapter 53 of 
        title 5, United States Code, and who, without a break 
        in service, is appointed in the Department to a 
        position having duties comparable to the duties 
        performed immediately preceding such appointment shall 
        continue to be compensated in such new position at not 
        less than the rate provided for such position, for the 
        duration of the service of such person in such new 
        position.
            (3) Coordination rule.--Any exercise of authority 
        under chapter 97 of title 5, United States Code (as 
        amended by subsection (a)), including under any system 
        established under such chapter, shall be in conformance 
        with the requirements of this subsection.

SEC. 842. [6 U.S.C. 412] LABOR-MANAGEMENT RELATIONS.

    (a) Limitation on Exclusionary Authority.--
            (1) In general.--No agency or subdivision of an 
        agency which is transferred to the Department pursuant 
        to this Act shall be excluded from the coverage of 
        chapter 71 of title 5, United States Code, as a result 
        of any order issued under section 7103(b)(1) of such 
        title 5 after June 18, 2002, unless--
                    (A) the mission and responsibilities of the 
                agency (or subdivision) materially change; and
                    (B) a majority of the employees within such 
                agency (or subdivision) have as their primary 
                duty intelligence, counterintelligence, or 
                investigative work directly related to 
                terrorism investigation.
            (2) Exclusions allowable.--Nothing in paragraph (1) 
        shall affect the effectiveness of any order to the 
        extent that such order excludes any portion of an 
        agency or subdivision of an agency as to which--
                    (A) recognition as an appropriate unit has 
                never been conferred for purposes of chapter 71 
                of such title 5; or
                    (B) any such recognition has been revoked 
                or otherwise terminated as a result of a 
                determination under subsection (b)(1).
    (b) Provisions Relating to Bargaining Units.--
            (1) Limitation relating to appropriate units.--Each 
        unit which is recognized as an appropriate unit for 
        purposes of chapter 71 of title 5, United States Code, 
        as of the day before the effective date of this Act 
        (and any subdivision of any such unit) shall, if such 
        unit (or subdivision) is transferred to the Department 
        pursuant to this Act, continue to be so recognized for 
        such purposes, unless--
                    (A) the mission and responsibilities of 
                such unit (or subdivision) materially change; 
                and
                    (B) a majority of the employees within such 
                unit (or subdivision) have as their primary 
                duty intelligence, counterintelligence, or 
                investigative work directly related to 
                terrorism investigation.
            (2) Limitation relating to positions or 
        employees.--No position or employee within a unit (or 
        subdivision of a unit) as to which continued 
        recognition is given in accordance with paragraph (1) 
        shall be excluded from such unit (or subdivision), for 
        purposes of chapter 71 of such title 5, unless the 
        primary job duty of such position or employee--
                    (A) materially changes; and
                    (B) consists of intelligence, 
                counterintelligence, or investigative work 
                directly related to terrorism investigation.
        In the case of any positions within a unit (or 
        subdivision) which are first established on or after 
        the effective date of this Act and any employees first 
        appointed on or after such date, the preceding sentence 
        shall be applied disregarding subparagraph (A).
    (c) Waiver.--If the President determines that the 
application of subsections (a), (b), and (d) would have a 
substantial adverse impact on the ability of the Department to 
protect homeland security, the President may waive the 
application of such subsections 10 days after the President has 
submitted to Congress a written explanation of the reasons for 
such determination.
    (d) Coordination Rule.--No other provision of this Act or 
of any amendment made by this Act may be construed or applied 
in a manner so as to limit, supersede, or otherwise affect the 
provisions of this section, except to the extent that it does 
so by specific reference to this section.
    (e) Rule of Construction.--Nothing in section 9701(e) of 
title 5, United States Code, shall be considered to apply with 
respect to any agency or subdivision of any agency, which is 
excluded from the coverage of chapter 71 of title 5, United 
States Code, by virtue of an order issued in accordance with 
section 7103(b) of such title and the preceding provisions of 
this section (as applicable), or to any employees of any such 
agency or subdivision or to any individual or entity 
representing any such employees or any representatives thereof.

SEC. 843. [6 U.S.C. 413] USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES 
                    IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.

    (a) In General.--Each subdivision of the Department that is 
a National Drug Control Program Agency shall include as one of 
the criteria in its performance appraisal system, for each 
employee directly or indirectly involved in the enforcement of 
Federal, State, or local narcotics laws, the performance of 
that employee with respect to the enforcement of Federal, 
State, or local narcotics laws, relying to the greatest extent 
practicable on objective performance measures, including--
            (1) the contribution of that employee to seizures 
        of narcotics and arrests of violators of Federal, 
        State, or local narcotics laws; and
            (2) the degree to which that employee cooperated 
        with or contributed to the efforts of other employees, 
        either within the Department or other Federal, State, 
        or local agencies, in counternarcotics enforcement.
    (b) Definitions.--For purposes of this section--
            (1) the term ``National Drug Control Program 
        Agency'' means--
                    (A) a National Drug Control Program Agency, 
                as defined in section 702(7) of the Office of 
                National Drug Control Policy Reauthorization 
                Act of 1998 (as last in effect); and
                    (B) any subdivision of the Department that 
                has a significant counternarcotics 
                responsibility, as determined by--
                            (i) the counternarcotics officer, 
                        appointed under section 878; or
                            (ii) if applicable, the 
                        counternarcotics officer's successor in 
                        function (as determined by the 
                        Secretary); and
            (2) the term ``performance appraisal system'' means 
        a system under which periodic appraisals of job 
        performance of employees are made, whether under 
        chapter 43 of title 5, United States Code, or 
        otherwise.

SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.

    (a) Establishment.--
            (1) In general.--Not later than 180 days after the 
        date of enactment of this section, the Secretary shall 
        establish the Homeland Security Rotation Program (in 
        this section referred to as the ``Rotation Program'') 
        for employees of the Department. The Rotation Program 
        shall use applicable best practices, including those 
        from the Chief Human Capital Officers Council.
            (2) Goals.--The Rotation Program established by the 
        Secretary shall--
                    (A) be established in accordance with the 
                Human Capital Strategic Plan of the Department;
                    (B) provide middle and senior level 
                employees in the Department the opportunity to 
                broaden their knowledge through exposure to 
                other components of the Department;
                    (C) expand the knowledge base of the 
                Department by providing for rotational 
                assignments of employees to other components;
                    (D) build professional relationships and 
                contacts among the employees in the Department;
                    (E) invigorate the workforce with exciting 
                and professionally rewarding opportunities;
                    (F) incorporate Department human capital 
                strategic plans and activities, and address 
                critical human capital deficiencies, 
                recruitment and retention efforts, and 
                succession planning within the Federal 
                workforce of the Department; and
                    (G) complement and incorporate (but not 
                replace) rotational programs within the 
                Department in effect on the date of enactment 
                of this section.
            (3) Administration.--
                    (A) In general.--The Chief Human Capital 
                Officer shall administer the Rotation Program.
                    (B) Responsibilities.--The Chief Human 
                Capital Officer shall--
                            (i) provide oversight of the 
                        establishment and implementation of the 
                        Rotation Program;
                            (ii) establish a framework that 
                        supports the goals of the Rotation 
                        Program and promotes cross-disciplinary 
                        rotational opportunities;
                            (iii) establish eligibility for 
                        employees to participate in the 
                        Rotation Program and select 
                        participants from employees who apply;
                            (iv) establish incentives for 
                        employees to participate in the 
                        Rotation Program, including promotions 
                        and employment preferences;
                            (v) ensure that the Rotation 
                        Program provides professional education 
                        and training;
                            (vi) ensure that the Rotation 
                        Program develops qualified employees 
                        and future leaders with broad-based 
                        experience throughout the Department;
                            (vii) provide for greater 
                        interaction among employees in 
                        components of the Department; and
                            (viii) coordinate with rotational 
                        programs within the Department in 
                        effect on the date of enactment of this 
                        section.
            (4) Allowances, privileges, and benefits.--All 
        allowances, privileges, rights, seniority, and other 
        benefits of employees participating in the Rotation 
        Program shall be preserved.
            (5) Reporting.--Not later than 180 days after the 
        date of the establishment of the Rotation Program, the 
        Secretary shall submit a report on the status of the 
        Rotation Program, including a description of the 
        Rotation Program, the number of employees 
        participating, and how the Rotation Program is used in 
        succession planning and leadership development to the 
        appropriate committees of Congress.

SEC. 845. HOMELAND SECURITY EDUCATION PROGRAM.

    (a) Establishment.--The Secretary, acting through the 
Administrator, shall establish a graduate-level Homeland 
Security Education Program in the National Capital Region to 
provide educational opportunities to senior Federal officials 
and selected State and local officials with homeland security 
and emergency management responsibilities. The Administrator 
shall appoint an individual to administer the activities under 
this section.
    (b) Leveraging of Existing Resources.--To maximize 
efficiency and effectiveness in carrying out the Program, the 
Administrator shall use existing Department-reviewed Master's 
Degree curricula in homeland security, including curricula 
pending accreditation, together with associated learning 
materials, quality assessment tools, digital libraries, 
exercise systems and other educational facilities, including 
the National Domestic Preparedness Consortium, the National 
Fire Academy, and the Emergency Management Institute. The 
Administrator may develop additional educational programs, as 
appropriate.
    (c) Student Enrollment.--
            (1) Sources.--The student body of the Program shall 
        include officials from Federal, State, local, and 
        tribal governments, and from other sources designated 
        by the Administrator.
            (2) Enrollment priorities and selection criteria.--
        The Administrator shall establish policies governing 
        student enrollment priorities and selection criteria 
        that are consistent with the mission of the Program.
            (3) Diversity.--The Administrator shall take 
        reasonable steps to ensure that the student body 
        represents racial, gender, and ethnic diversity.
    (d) Service Commitment.--
            (1) In general.--Before any employee selected for 
        the Program may be assigned to participate in the 
        program, the employee shall agree in writing--
                    (A) to continue in the service of the 
                agency sponsoring the employee during the 2-
                year period beginning on the date on which the 
                employee completes the program, unless the 
                employee is involuntarily separated from the 
                service of that agency for reasons other than a 
                reduction in force; and
                    (B) to pay to the Government the amount of 
                the additional expenses incurred by the 
                Government in connection with the employee's 
                education if the employee is voluntarily 
                separated from the service to the agency before 
                the end of the period described in subparagraph 
                (A).
            (2) Payment of expenses.--
                    (A) Exemption.--An employee who leaves the 
                service of the sponsoring agency to enter into 
                the service of another agency in any branch of 
                the Government shall not be required to make a 
                payment under paragraph (1)(B), unless the head 
                of the agency that sponsored the education of 
                the employee notifies that employee before the 
                date on which the employee enters the service 
                of the other agency that payment is required 
                under that paragraph.
                    (B) Amount of payment.--If an employee is 
                required to make a payment under paragraph 
                (1)(B), the agency that sponsored the education 
                of the employee shall determine the amount of 
                the payment, except that such amount may not 
                exceed the pro rata share of the expenses 
                incurred for the time remaining in the 2-year 
                period.
            (3) Recovery of payment.--If an employee who is 
        required to make a payment under this subsection does 
        not make the payment, a sum equal to the amount of the 
        expenses incurred by the Government for the education 
        of that employee is recoverable by the Government from 
        the employee or his estate by--
                    (A) setoff against accrued pay, 
                compensation, amount of retirement credit, or 
                other amount due the employee from the 
                Government; or
                    (B) such other method as is provided by lay 
                for the recovery of amounts owing to the 
                Government.

         Subtitle F--Federal Emergency Procurement Flexibility

SEC. 851. [6 U.S.C. 421] DEFINITION.

    In this subtitle, the term ``executive agency'' has the 
meaning given that term under section 4(1) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403(1)).

SEC. 852. [6 U.S.C. 422] PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY 
                    FROM TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR 
                    RADIOLOGICAL ATTACK.

    The authorities provided in this subtitle apply to any 
procurement of property or services by or for an executive 
agency that, as determined by the head of the executive agency, 
are to be used to facilitate defense against or recovery from 
terrorism or nuclear, biological, chemical, or radiological 
attack, but only if a solicitation of offers for the 
procurement is issued during the 1-year period beginning on the 
date of the enactment of this Act.

SEC. 853. [6 U.S.C. 423] INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR 
                    PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR 
                    PEACEKEEPING OPERATIONS OR CONTINGENCY OPERATIONS.

    (a) Temporary Threshold Amounts.--For a procurement 
referred to in section 852 that is carried out in support of a 
humanitarian or peacekeeping operation or a contingency 
operation, the simplified acquisition threshold definitions 
shall be applied as if the amount determined under the 
exception provided for such an operation in those definitions 
were--
            (1) in the case of a contract to be awarded and 
        performed, or purchase to be made, inside the United 
        States, $200,000; or
            (2) in the case of a contract to be awarded and 
        performed, or purchase to be made, outside the United 
        States, $300,000.
    (b) Simplified Acquisition Threshold Definitions.--In this 
section, the term ``simplified acquisition threshold 
definitions'' means the following:
            (1) Section 4(11) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403(11)).
            (2) Section 309(d) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 259(d)).
            (3) Section 2302(7) of title 10, United States 
        Code.
    (c) Small Business Reserve.--For a procurement carried out 
pursuant to subsection (a), section 15(j) of the Small Business 
Act (15 U.S.C. 644(j)) shall be applied as if the maximum 
anticipated value identified therein is equal to the amounts 
referred to in subsection (a).

SEC. 854. [6 U.S.C. 424] INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN 
                    PROCUREMENTS.

    In the administration of section 32 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 428) with respect to 
a procurement referred to in section 852, the amount specified 
in subsections (c), (d), and (f) of such section 32 shall be 
deemed to be $7,500.

SEC. 855. [6 U.S.C. 425] APPLICATION OF CERTAIN COMMERCIAL ITEMS 
                    AUTHORITIES TO CERTAIN PROCUREMENTS.

    (a) Authority.--
            (1) In general.--The head of an executive agency 
        may apply the provisions of law listed in paragraph (2) 
        to a procurement referred to in section 852 without 
        regard to whether the property or services are 
        commercial items.
            (2) Commercial item laws.--The provisions of law 
        referred to in paragraph (1) are as follows:
                    (A) Sections 31 and 34 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 427, 
                430).
                    (B) Section 2304(g) of title 10, United 
                States Code.
                    (C) Section 303(g) of the Federal Property 
                and Administrative Services Act of 1949 (41 
                U.S.C. 253(g)).
    (b) Inapplicability of Limitation on Use of Simplified 
Acquisition Procedures.--
            (1) In general.--The $5,000,000 limitation provided 
        in section 31(a)(2) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 427(a)(2)), section 
        2304(g)(1)(B) of title 10, United States Code, and 
        section 303(g)(1)(B) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 
        253(g)(1)(B)) shall not apply to purchases of property 
        or services to which any of the provisions of law 
        referred to in subsection (a) are applied under the 
        authority of this section.
            (2) OMB guidance.--The Director of the Office of 
        Management and Budget shall issue guidance and 
        procedures for the use of simplified acquisition 
        procedures for a purchase of property or services in 
        excess of $5,000,000 under the authority of this 
        section.
    (c) Continuation of Authority for Simplified Purchase 
Procedures.--Authority under a provision of law referred to in 
subsection (a)(2) that expires under section 4202(e) of the 
Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-
106; 10 U.S.C. 2304 note) shall, notwithstanding such section, 
continue to apply for use by the head of an executive agency as 
provided in subsections (a) and (b).

SEC. 856. [6 U.S.C. 426] USE OF STREAMLINED PROCEDURES.

    (a) Required Use.--The head of an executive agency shall, 
when appropriate, use streamlined acquisition authorities and 
procedures authorized by law for a procurement referred to in 
section 852, including authorities and procedures that are 
provided under the following provisions of law:
            (1) Federal property and administrative services 
        act of 1949.--In title III of the Federal Property and 
        Administrative Services Act of 1949:
                    (A) Paragraphs (1), (2), (6), and (7) of 
                subsection (c) of section 303 (41 U.S.C. 253), 
                relating to use of procedures other than 
                competitive procedures under certain 
                circumstances (subject to subsection (e) of 
                such section).
                    (B) Section 303J (41 U.S.C. 253j), relating 
                to orders under task and delivery order 
                contracts.
            (2) Title 10, united states code.--In chapter 137 
        of title 10, United States Code:
                    (A) Paragraphs (1), (2), (6), and (7) of 
                subsection (c) of section 2304, relating to use 
                of procedures other than competitive procedures 
                under certain circumstances (subject to 
                subsection (e) of such section).
                    (B) Section 2304c, relating to orders under 
                task and delivery order contracts.
            (3) Office of federal procurement policy act.--
        Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 
        416(c)), relating to inapplicability of a requirement 
        for procurement notice.
    (b) Waiver of Certain Small Business Threshold 
Requirements.--Subclause (II) of section 8(a)(1)(D)(i) of the 
Small Business Act (15 U.S.C. 637(a)(1)(D)(i)) and clause (ii) 
of section 31(b)(2)(A) of such Act (15 U.S.C. 657a(b)(2)(A)) 
shall not apply in the use of streamlined acquisition 
authorities and procedures referred to in paragraphs (1)(A) and 
(2)(A) of subsection (a) for a procurement referred to in 
section 852.

SEC. 857. [6 U.S.C. 427] REVIEW AND REPORT BY COMPTROLLER GENERAL.

    (a) Requirements.--Not later than March 31, 2004, the 
Comptroller General shall--
            (1) complete a review of the extent to which 
        procurements of property and services have been made in 
        accordance with this subtitle; and
            (2) submit a report on the results of the review to 
        the Committee on Governmental Affairs of the Senate and 
        the Committee on Government Reform of the House of 
        Representatives.
    (b) Content of Report.--The report under subsection (a)(2) 
shall include the following matters:
            (1) Assessment.--The Comptroller General's 
        assessment of--
                    (A) the extent to which property and 
                services procured in accordance with this title 
                have contributed to the capacity of the 
                workforce of Federal Government employees 
                within each executive agency to carry out the 
                mission of the executive agency; and
                    (B) the extent to which Federal Government 
                employees have been trained on the use of 
                technology.
            (2) Recommendations.--Any recommendations of the 
        Comptroller General resulting from the assessment 
        described in paragraph (1).
    (c) Consultation.--In preparing for the review under 
subsection (a)(1), the Comptroller shall consult with the 
Committee on Governmental Affairs of the Senate and the 
Committee on Government Reform of the House of Representatives 
on the specific issues and topics to be reviewed. The extent of 
coverage needed in areas such as technology integration, 
employee training, and human capital management, as well as the 
data requirements of the study, shall be included as part of 
the consultation.

SEC. 858. [6 U.S.C. 428] IDENTIFICATION OF NEW ENTRANTS INTO THE 
                    FEDERAL MARKETPLACE.

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

Subtitle G--Support Anti-terrorism by Fostering Effective Technologies 
                              Act of 2002

SEC. 861. [6 U.S.C. 101 NOTE] SHORT TITLE.

    This subtitle may be cited as the ``Support Anti-terrorism 
by Fostering Effective Technologies Act of 2002'' or the 
``SAFETY Act''.

SEC. 862. [6 U.S.C. 441] ADMINISTRATION.

    (a) In General.--The Secretary shall be responsible for the 
administration of this subtitle.
    (b) Designation of Qualified Anti-Terrorism Technologies.--
The Secretary may designate anti-terrorism technologies that 
qualify for protection under the system of risk management set 
forth in this subtitle in accordance with criteria that shall 
include, but not be limited to, the following:
            (1) Prior United States Government use or 
        demonstrated substantial utility and effectiveness.
            (2) Availability of the technology for immediate 
        deployment in public and private settings.
            (3) Existence of extraordinarily large or 
        extraordinarily unquantifiable potential third party 
        liability risk exposure to the Seller or other provider 
        of such anti-terrorism technology.
            (4) Substantial likelihood that such anti-terrorism 
        technology will not be deployed unless protections 
        under the system of risk management provided under this 
        subtitle are extended.
            (5) Magnitude of risk exposure to the public if 
        such anti-terrorism technology is not deployed.
            (6) Evaluation of all scientific studies that can 
        be feasibly conducted in order to assess the capability 
        of the technology to substantially reduce risks of 
        harm.
            (7) Anti-terrorism technology that would be 
        effective in facilitating the defense against acts of 
        terrorism, including technologies that prevent, defeat 
        or respond to such acts.
    (c) Regulations.--The Secretary may issue such regulations, 
after notice and comment in accordance with section 553 of 
title 5, United States Code, as may be necessary to carry out 
this subtitle.

SEC. 863. [6 U.S.C. 442] LITIGATION MANAGEMENT.

    (a) Federal Cause of Action.--
            (1) In general.--There shall exist a Federal cause 
        of action for claims arising out of, relating to, or 
        resulting from an act of terrorism when qualified anti-
        terrorism technologies have been deployed in defense 
        against or response or recovery from such act and such 
        claims result or may result in loss to the Seller. The 
        substantive law for decision in any such action shall 
        be derived from the law, including choice of law 
        principles, of the State in which such acts of 
        terrorism occurred, unless such law is inconsistent 
        with or preempted by Federal law. Such Federal cause of 
        action shall be brought only for claims for injuries 
        that are proximately caused by sellers that provide 
        qualified anti-terrorism technology to Federal and non-
        Federal government customers.
            (2) Jurisdiction.--Such appropriate district court 
        of the United States shall have original and exclusive 
        jurisdiction over all actions for any claim for loss of 
        property, personal injury, or death arising out of, 
        relating to, or resulting from an act of terrorism when 
        qualified anti-terrorism technologies have been 
        deployed in defense against or response or recovery 
        from such act and such claims result or may result in 
        loss to the Seller.
    (b) Special Rules.--In an action brought under this section 
for damages the following provisions apply:
            (1) Punitive damages.--No punitive damages intended 
        to punish or deter, exemplary damages, or other damages 
        not intended to compensate a plaintiff for actual 
        losses may be awarded, nor shall any party be liable 
        for interest prior to the judgment.
            (2) Noneconomic damages.--
                    (A) In general.--Noneconomic damages may be 
                awarded against a defendant only in an amount 
                directly proportional to the percentage of 
                responsibility of such defendant for the harm 
                to the plaintiff, and no plaintiff may recover 
                noneconomic damages unless the plaintiff 
                suffered physical harm.
                    (B) Definition.--For purposes of 
                subparagraph (A), the term ``noneconomic 
                damages'' means damages for losses for physical 
                and emotional pain, suffering, inconvenience, 
                physical impairment, mental anguish, 
                disfigurement, loss of enjoyment of life, loss 
                of society and companionship, loss of 
                consortium, hedonic damages, injury to 
                reputation, and any other nonpecuniary losses.
    (c) Collateral Sources.--Any recovery by a plaintiff in an 
action under this section shall be reduced by the amount of 
collateral source compensation, if any, that the plaintiff has 
received or is entitled to receive as a result of such acts of 
terrorism that result or may result in loss to the Seller.
    (d) Government Contractor Defense.--
            (1) In general.--Should a product liability or 
        other lawsuit be filed for claims arising out of, 
        relating to, or resulting from an act of terrorism when 
        qualified anti-terrorism technologies approved by the 
        Secretary, as provided in paragraphs (2) and (3) of 
        this subsection, have been deployed in defense against 
        or response or recovery from such act and such claims 
        result or may result in loss to the Seller, there shall 
        be a rebuttable presumption that the government 
        contractor defense applies in such lawsuit. This 
        presumption shall only be overcome by evidence showing 
        that the Seller acted fraudulently or with willful 
        misconduct in submitting information to the Secretary 
        during the course of the Secretary's consideration of 
        such technology under this subsection. This presumption 
        of the government contractor defense shall apply 
        regardless of whether the claim against the Seller 
        arises from a sale of the product to Federal Government 
        or non-Federal Government customers.
            (2) Exclusive responsibility.--The Secretary will 
        be exclusively responsible for the review and approval 
        of anti-terrorism technology for purposes of 
        establishing a government contractor defense in any 
        product liability lawsuit for claims arising out of, 
        relating to, or resulting from an act of terrorism when 
        qualified anti-terrorism technologies approved by the 
        Secretary, as provided in this paragraph and paragraph 
        (3), have been deployed in defense against or response 
        or recovery from such act and such claims result or may 
        result in loss to the Seller. Upon the Seller's 
        submission to the Secretary for approval of anti-
        terrorism technology, the Secretary will conduct a 
        comprehensive review of the design of such technology 
        and determine whether it will perform as intended, 
        conforms to the Seller's specifications, and is safe 
        for use as intended. The Seller will conduct safety and 
        hazard analyses on such technology and will supply the 
        Secretary with all such information.
            (3) Certificate.--For anti-terrorism technology 
        reviewed and approved by the Secretary, the Secretary 
        will issue a certificate of conformance to the Seller 
        and place the anti-terrorism technology on an Approved 
        Product List for Homeland Security.
    (e) Exclusion.--Nothing in this section shall in any way 
limit the ability of any person to seek any form of recovery 
from any person, government, or other entity that--
            (1) attempts to commit, knowingly participates in, 
        aids and abets, or commits any act of terrorism, or any 
        criminal act related to or resulting from such act of 
        terrorism; or
            (2) participates in a conspiracy to commit any such 
        act of terrorism or any such criminal act.

SEC. 864. [6 U.S.C. 443] RISK MANAGEMENT.

    (a) In General.--
            (1) Liability insurance required.--Any person or 
        entity that sells or otherwise provides a qualified 
        anti-terrorism technology to Federal and non-Federal 
        Government customers (``Seller'') shall obtain 
        liability insurance of such types and in such amounts 
        as shall be required in accordance with this section 
        and certified by the Secretary to satisfy otherwise 
        compensable third-party claims arising out of, relating 
        to, or resulting from an act of terrorism when 
        qualified anti-terrorism technologies have been 
        deployed in defense against or response or recovery 
        from such act.
            (2) Maximum amount.--For the total claims related 
        to 1 such act of terrorism, the Seller is not required 
        to obtain liability insurance of more than the maximum 
        amount of liability insurance reasonably available from 
        private sources on the world market at prices and terms 
        that will not unreasonably distort the sales price of 
        Seller's anti-terrorism technologies.
            (3) Scope of coverage.--Liability insurance 
        obtained pursuant to this subsection shall, in addition 
        to the Seller, protect the following, to the extent of 
        their potential liability for involvement in the 
        manufacture, qualification, sale, use, or operation of 
        qualified anti-terrorism technologies deployed in 
        defense against or response or recovery from an act of 
        terrorism:
                    (A) Contractors, subcontractors, suppliers, 
                vendors and customers of the Seller.
                    (B) Contractors, subcontractors, suppliers, 
                and vendors of the customer.
            (4) Third party claims.--Such liability insurance 
        under this section shall provide coverage against third 
        party claims arising out of, relating to, or resulting 
        from the sale or use of anti-terrorism technologies.
    (b) Reciprocal Waiver of Claims.--The Seller shall enter 
into a reciprocal waiver of claims with its contractors, 
subcontractors, suppliers, vendors and customers, and 
contractors and subcontractors of the customers, involved in 
the manufacture, sale, use or operation of qualified anti-
terrorism technologies, under which each party to the waiver 
agrees to be responsible for losses, including business 
interruption losses, that it sustains, or for losses sustained 
by its own employees resulting from an activity resulting from 
an act of terrorism when qualified anti-terrorism technologies 
have been deployed in defense against or response or recovery 
from such act.
    (c) Extent of Liability.--Notwithstanding any other 
provision of law, liability for all claims against a Seller 
arising out of, relating to, or resulting from an act of 
terrorism when qualified anti-terrorism technologies have been 
deployed in defense against or response or recovery from such 
act and such claims result or may result in loss to the Seller, 
whether for compensatory or punitive damages or for 
contribution or indemnity, shall not be in an amount greater 
than the limits of liability insurance coverage required to be 
maintained by the Seller under this section.

SEC. 865. [6 U.S.C. 444] DEFINITIONS.

    For purposes of this subtitle, the following definitions 
apply:
            (1) Qualified anti-terrorism technology.--For 
        purposes of this subtitle, the term ``qualified anti-
        terrorism technology'' means any product, equipment, 
        service (including support services), device, or 
        technology (including information technology) designed, 
        developed, modified, or procured for the specific 
        purpose of preventing, detecting, identifying, or 
        deterring acts of terrorism or limiting the harm such 
        acts might otherwise cause, that is designated as such 
        by the Secretary.
            (2) Act of terrorism.--(A) The term ``act of 
        terrorism'' means any act that the Secretary determines 
        meets the requirements under subparagraph (B), as such 
        requirements are further defined and specified by the 
        Secretary.
            (B) Requirements.--An act meets the requirements of 
        this subparagraph if the act--
                    (i) is unlawful;
                    (ii) causes harm to a person, property, or 
                entity, in the United States, or in the case of 
                a domestic United States air carrier or a 
                United States-flag vessel (or a vessel based 
                principally in the United States on which 
                United States income tax is paid and whose 
                insurance coverage is subject to regulation in 
                the United States), in or outside the United 
                States; and
                    (iii) uses or attempts to use 
                instrumentalities, weapons or other methods 
                designed or intended to cause mass destruction, 
                injury or other loss to citizens or 
                institutions of the United States.
            (3) Insurance carrier.--The term ``insurance 
        carrier'' means any corporation, association, society, 
        order, firm, company, mutual, partnership, individual 
        aggregation of individuals, or any other legal entity 
        that provides commercial property and casualty 
        insurance. Such term includes any affiliates of a 
        commercial insurance carrier.
            (4) Liability insurance.--
                    (A) In general.--The term ``liability 
                insurance'' means insurance for legal 
                liabilities incurred by the insured resulting 
                from--
                            (i) loss of or damage to property 
                        of others;
                            (ii) ensuing loss of income or 
                        extra expense incurred because of loss 
                        of or damage to property of others;
                            (iii) bodily injury (including) to 
                        persons other than the insured or its 
                        employees; or
                            (iv) loss resulting from debt or 
                        default of another.
            (5) Loss.--The term ``loss'' means death, bodily 
        injury, or loss of or damage to property, including 
        business interruption loss.
            (6) Non-federal government customers.--The term 
        ``non-Federal Government customers'' means any customer 
        of a Seller that is not an agency or instrumentality of 
        the United States Government with authority under 
        Public Law 85-804 to provide for indemnification under 
        certain circumstances for third-party claims against 
        its contractors, including but not limited to State and 
        local authorities and commercial entities.

                  Subtitle H--Miscellaneous Provisions

SEC. 871. [6 U.S.C. 451] ADVISORY COMMITTEES.

    (a) In General.--The Secretary may establish, appoint 
members of, and use the services of, advisory committees, as 
the Secretary may deem necessary. An advisory committee 
established under this section may be exempted by the Secretary 
from Public Law 92-463, but the Secretary shall publish notice 
in the Federal Register announcing the establishment of such a 
committee and identifying its purpose and membership. 
Notwithstanding the preceding sentence, members of an advisory 
committee that is exempted by the Secretary under the preceding 
sentence who are special Government employees (as that term is 
defined in section 202 of title 18, United States Code) shall 
be eligible for certifications under subsection (b)(3) of 
section 208 of title 18, United States Code, for official 
actions taken as a member of such advisory committee.
    (b) Termination.--Any advisory committee established by the 
Secretary shall terminate 2 years after the date of its 
establishment, unless the Secretary makes a written 
determination to extend the advisory committee to a specified 
date, which shall not be more than 2 years after the date on 
which such determination is made. The Secretary may make any 
number of subsequent extensions consistent with this 
subsection.

SEC. 872. [6 U.S.C. 452] REORGANIZATION.

    (a) Reorganization.--The Secretary may allocate or 
reallocate functions among the officers of the Department, and 
may establish, consolidate, alter, or discontinue 
organizational units within the Department, but only--
            (1) pursuant to section 1502(b); or
            (2) after the expiration of 60 days after providing 
        notice of such action to the appropriate congressional 
        committees, which shall include an explanation of the 
        rationale for the action.
    (b) Limitations.--
            (1) In general.--Authority under subsection (a)(1) 
        does not extend to the abolition of any agency, entity, 
        organizational unit, program, or function established 
        or required to be maintained by this Act.
            (2) Abolitions.--Authority under subsection (a)(2) 
        does not extend to the abolition of any agency, entity, 
        organizational unit, program, or function established 
        or required to be maintained by statute.

SEC. 873. [6 U.S.C. 453] USE OF APPROPRIATED FUNDS.

    (a) Disposal of Property.--
            (1) Strict compliance.--If specifically authorized 
        to dispose of real property in this or any other Act, 
        the Secretary shall exercise this authority in strict 
        compliance with section 204 of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 485).
            (2) Deposit of proceeds.--The Secretary shall 
        deposit the proceeds of any exercise of property 
        disposal authority into the miscellaneous receipts of 
        the Treasury in accordance with section 3302(b) of 
        title 31, United States Code.
    (b) Gifts.--Except as authorized by section 2601 of title 
10, United States Code, and by section 93 of title 14, United 
States Code, gifts \1\ or donations of services or property of 
or for the Department may not be accepted, used, or disposed of 
unless specifically permitted in advance in an appropriations 
Act and only under the conditions and for the purposes 
specified in such appropriations Act.
---------------------------------------------------------------------------
    \1\ Section 103(3) of Public Law 108-7 (117 Stat. 529) amends 
subsection (b) by inserting ``Except as authorized by section 2601 of 
title 10, United States Code, and by section 93 of title 14, United 
States Code,'' before the word ``Gifts'' in the second place it appears 
and by striking the letter ``G'' and inserting in lieu thereof ``g'' in 
the word ``Gifts'' in the second place it appears. The word ``Gifts'' 
appears once in the text, however, the amendments have been executed to 
reflect the probable intent of Congress.
---------------------------------------------------------------------------
    (c) Budget Request.--Under section 1105 of title 31, United 
States Code, the President shall submit to Congress a detailed 
budget request for the Department for fiscal year 2004, and for 
each subsequent fiscal year.

SEC. 874. [6 U.S.C. 454] FUTURE YEAR HOMELAND SECURITY PROGRAM.

    (a) In General.--Each budget request submitted to Congress 
for the Department under section 1105 of title 31, United 
States Code, shall, at or about the same time, be accompanied 
by a Future Years Homeland Security Program.
    (b) Contents.--The Future Years Homeland Security Program 
under subsection (a) shall--
            (1) include the same type of information, 
        organizational structure, and level of detail as the 
        future years defense program submitted to Congress by 
        the Secretary of Defense under section 221 of title 10, 
        United States Code;
            (2) set forth the homeland security strategy of the 
        Department, which shall be developed and updated as 
        appropriate annually by the Secretary, that was used to 
        develop program planning guidance for the Future Years 
        Homeland Security Program; and
            (3) include an explanation of how the resource 
        allocations included in the Future Years Homeland 
        Security Program correlate to the homeland security 
        strategy set forth under paragraph (2).
    (c) Effective Date.--This section shall take effect with 
respect to the preparation and submission of the fiscal year 
2005 budget request for the Department and for any subsequent 
fiscal year, except that the first Future Years Homeland 
Security Program shall be submitted not later than 90 days 
after the Department's fiscal year 2005 budget request is 
submitted to Congress.

SEC. 875. [6 U.S.C. 455] MISCELLANEOUS AUTHORITIES.

    (a) Seal.--The Department shall have a seal, whose design 
is subject to the approval of the President.
    (b) Participation of Members of the Armed Forces.--With 
respect to the Department, the Secretary shall have the same 
authorities that the Secretary of Transportation has with 
respect to the Department of Transportation under section 324 
of title 49, United States Code.
    (c) Redelegation of Functions.--Unless otherwise provided 
in the delegation or by law, any function delegated under this 
Act may be redelegated to any subordinate.

SEC. 876. [6 U.S.C. 456] MILITARY ACTIVITIES.

    Nothing in this Act shall confer upon the Secretary any 
authority to engage in warfighting, the military defense of the 
United States, or other military activities, nor shall anything 
in this Act limit the existing authority of the Department of 
Defense or the Armed Forces to engage in warfighting, the 
military defense of the United States, or other military 
activities.

SEC. 877. [6 U.S.C. 457] REGULATORY AUTHORITY AND PREEMPTION.

    (a) Regulatory Authority.--Except as otherwise provided in 
sections 306(c), 862(c), and 1706(b), this Act vests no new 
regulatory authority in the Secretary or any other Federal 
official, and transfers to the Secretary or another Federal 
official only such regulatory authority as exists on the date 
of enactment of this Act within any agency, program, or 
function transferred to the Department pursuant to this Act, or 
that on such date of enactment is exercised by another official 
of the executive branch with respect to such agency, program, 
or function. Any such transferred authority may not be 
exercised by an official from whom it is transferred upon 
transfer of such agency, program, or function to the Secretary 
or another Federal official pursuant to this Act. This Act may 
not be construed as altering or diminishing the regulatory 
authority of any other executive agency, except to the extent 
that this Act transfers such authority from the agency.
    (b) Preemption of State or Local Law.--Except as otherwise 
provided in this Act, this Act preempts no State or local law, 
except that any authority to preempt State or local law vested 
in any Federal agency or official transferred to the Department 
pursuant to this Act shall be transferred to the Department 
effective on the date of the transfer to the Department of that 
Federal agency or official.

SEC. 878. [6 U.S.C. 458] OFFICE OF COUNTERNARCOTICS ENFORCEMENT.

    (a) Office.--There is established in the Department an 
Office of Counternarcotics Enforcement, which shall be headed 
by a Director appointed by the President, by and with the 
advice and consent of the Senate.
    (b) Assignment of Personnel.--
            (1) In general.--The Secretary shall assign 
        permanent staff to the Office, consistent with 
        effective management of Department resources.
            (2) Liaisons.--The Secretary shall designate senior 
        employees from each appropriate subdivision of the 
        Department that has significant counternarcotics 
        responsibilities to act as a liaison between that 
        subdivision and the Office of Counternarcotics 
        Enforcement.
    (c) Limitation on Concurrent Employment.--The Director of 
the Office of Counternarcotics Enforcement shall not be 
employed by, assigned to, or serve as the head of, any other 
branch of the Federal Government, any State or local 
government, or any subdivision of the Department other than the 
Office of Counternarcotics Enforcement.
    (d) Responsibilities.--The Secretary shall direct the 
Director of the Office of Counternarcotics Enforcement--
            (1) to coordinate policy and operations within the 
        Department, between the Department and other Federal 
        departments and agencies, and between the Department 
        and State and local agencies with respect to stopping 
        the entry of illegal drugs into the United States;
            (2) to ensure the adequacy of resources within the 
        Department for stopping the entry of illegal drugs into 
        the United States;
            (3) to recommend the appropriate financial and 
        personnel resources necessary to help the Department 
        better fulfill its responsibility to stop the entry of 
        illegal drugs into the United States;
            (4) within the Joint Terrorism Task Force construct 
        to track and sever connections between illegal drug 
        trafficking and terrorism; and
            (5) to be a representative of the Department on all 
        task forces, committees, or other entities whose 
        purpose is to coordinate the counternarcotics 
        enforcement activities of the Department and other 
        Federal, State or local agencies.
    (e) Savings Clause.--Nothing in this section shall be 
construed to authorize direct control of the operations 
conducted by the Directorate of Border and Transportation 
Security, the Coast Guard, or joint terrorism task forces.
    (f) Reports to Congress.--
            (1) Annual budget review.--The Director of the 
        Office of Counternarcotics Enforcement shall, not later 
        than 30 days after the submission by the President to 
        Congress of any request for expenditures for the 
        Department, submit to the Committees on Appropriations 
        and the authorizing committees of jurisdiction of the 
        House of Representatives and the Senate a review and 
        evaluation of such request. The review and evaluation 
        shall--
                    (A) identify any request or subpart of any 
                request that affects or may affect the 
                counternarcotics activities of the Department 
                or any of its subdivisions, or that affects the 
                ability of the Department or any subdivision of 
                the Department to meet its responsibility to 
                stop the entry of illegal drugs into the United 
                States;
                    (B) describe with particularity how such 
                requested funds would be or could be expended 
                in furtherance of counternarcotics activities; 
                and
                    (C) compare such requests with requests for 
                expenditures and amounts appropriated by 
                Congress in the previous fiscal year.
            (2) Evaluation of counternarcotics activities.--The 
        Director of the Office of Counternarcotics Enforcement 
        shall, not later than February 1 of each year, submit 
        to the Committees on Appropriations and the authorizing 
        committees of jurisdiction of the House of 
        Representatives and the Senate a review and evaluation 
        of the counternarcotics activities of the Department 
        for the previous fiscal year. The review and evaluation 
        shall--
                    (A) describe the counternarcotics 
                activities of the Department and each 
                subdivision of the Department (whether 
                individually or in cooperation with other 
                subdivisions of the Department, or in 
                cooperation with other branches of the Federal 
                Government or with State or local agencies), 
                including the methods, procedures, and systems 
                (including computer systems) for collecting, 
                analyzing, sharing, and disseminating 
                information concerning narcotics activity 
                within the Department and between the 
                Department and other Federal, State, and local 
                agencies;
                    (B) describe the results of those 
                activities, using quantifiable data whenever 
                possible;
                    (C) state whether those activities were 
                sufficient to meet the responsibility of the 
                Department to stop the entry of illegal drugs 
                into the United States, including a description 
                of the performance measures of effectiveness 
                that were used in making that determination; 
                and
                    (D) recommend, where appropriate, changes 
                to those activities to improve the performance 
                of the Department in meeting its responsibility 
                to stop the entry of illegal drugs into the 
                United States.
            (3) Classified or law enforcement sensitive 
        information.--Any content of a review and evaluation 
        described in the reports required in this subsection 
        that involves information classified under criteria 
        established by an Executive order, or whose public 
        disclosure, as determined by the Secretary, would be 
        detrimental to the law enforcement or national security 
        activities of the Department or any other Federal, 
        State, or local agency, shall be presented to Congress 
        separately from the rest of the review and evaluation.

SEC. 879. [6 U.S.C. 459] OFFICE OF INTERNATIONAL AFFAIRS.

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

SEC. 880. [6 U.S.C. 460] PROHIBITION OF THE TERRORISM INFORMATION AND 
                    PREVENTION SYSTEM.

    Any and all activities of the Federal Government to 
implement the proposed component program of the Citizen Corps 
known as Operation TIPS (Terrorism Information and Prevention 
System) are hereby prohibited.

SEC. 881. [6 U.S.C. 461] REVIEW OF PAY AND BENEFIT PLANS.

    Notwithstanding any other provision of this Act, the 
Secretary shall, in consultation with the Director of the 
Office of Personnel Management, review the pay and benefit 
plans of each agency whose functions are transferred under this 
Act to the Department and, within 90 days after the date of 
enactment, submit a plan to the President of the Senate and the 
Speaker of the House of Representatives and the appropriate 
committees and subcommittees of Congress, for ensuring, to the 
maximum extent practicable, the elimination of disparities in 
pay and benefits throughout the Department, especially among 
law enforcement personnel, that are inconsistent with merit 
system principles set forth in section 2301 of title 5, United 
States Code.

SEC. 882. [6 U.S.C. 462] OFFICE FOR NATIONAL CAPITAL REGION 
                    COORDINATION.

    (a) Establishment.--
            (1) In general.--There is established within the 
        Office of the Secretary the Office of National Capital 
        Region Coordination, to oversee and coordinate Federal 
        programs for and relationships with State, local, and 
        regional authorities in the National Capital Region, as 
        defined under section 2674(f)(2) of title 10, United 
        States Code.
            (2) Director.--The Office established under 
        paragraph (1) shall be headed by a Director, who shall 
        be appointed by the Secretary.
            (3) Cooperation.--The Secretary shall cooperate 
        with the Mayor of the District of Columbia, the 
        Governors of Maryland and Virginia, and other State, 
        local, and regional officers in the National Capital 
        Region to integrate the District of Columbia, Maryland, 
        and Virginia into the planning, coordination, and 
        execution of the activities of the Federal Government 
        for the enhancement of domestic preparedness against 
        the consequences of terrorist attacks.
    (b) Responsibilities.--The Office established under 
subsection (a)(1) shall--
            (1) coordinate the activities of the Department 
        relating to the National Capital Region, including 
        cooperation with the Office for State and Local 
        Government Coordination;
            (2) assess, and advocate for, the resources needed 
        by State, local, and regional authorities in the 
        National Capital Region to implement efforts to secure 
        the homeland;
            (3) provide State, local, and regional authorities 
        in the National Capital Region with regular 
        information, research, and technical support to assist 
        the efforts of State, local, and regional authorities 
        in the National Capital Region in securing the 
        homeland;
            (4) develop a process for receiving meaningful 
        input from State, local, and regional authorities and 
        the private sector in the National Capital Region to 
        assist in the development of the homeland security 
        plans and activities of the Federal Government;
            (5) coordinate with Federal agencies in the 
        National Capital Region on terrorism preparedness, to 
        ensure adequate planning, information sharing, 
        training, and execution of the Federal role in domestic 
        preparedness activities;
            (6) coordinate with Federal, State, local, and 
        regional agencies, and the private sector in the 
        National Capital Region on terrorism preparedness to 
        ensure adequate planning, information sharing, 
        training, and execution of domestic preparedness 
        activities among these agencies and entities; and
            (7) serve as a liaison between the Federal 
        Government and State, local, and regional authorities, 
        and private sector entities in the National Capital 
        Region to facilitate access to Federal grants and other 
        programs.
    (c) Annual Report.--The Office established under subsection 
(a) shall submit an annual report to Congress that includes--
            (1) the identification of the resources required to 
        fully implement homeland security efforts in the 
        National Capital Region;
            (2) an assessment of the progress made by the 
        National Capital Region in implementing homeland 
        security efforts; and
            (3) recommendations to Congress regarding the 
        additional resources needed to fully implement homeland 
        security efforts in the National Capital Region.
    (d) Limitation.--Nothing contained in this section shall be 
construed as limiting the power of State and local governments.

SEC. 883. [6 U.S.C. 463] REQUIREMENT TO COMPLY WITH LAWS PROTECTING 
                    EQUAL EMPLOYMENT OPPORTUNITY AND PROVIDING 
                    WHISTLEBLOWER PROTECTIONS.

    Nothing in this Act shall be construed as exempting the 
Department from requirements applicable with respect to 
executive agencies--
            (1) to provide equal employment protection for 
        employees of the Department (including pursuant to the 
        provisions in section 2302(b)(1) of title 5, United 
        States Code, and the Notification and Federal Employee 
        Antidiscrimination and Retaliation Act of 2002 (Public 
        Law 107-174)); or
            (2) to provide whistleblower protections for 
        employees of the Department (including pursuant to the 
        provisions in section 2302(b)(8) and (9) of such title 
        and the Notification and Federal Employee 
        Antidiscrimination and Retaliation Act of 2002).

SEC. 884. [6 U.S.C. 464] FEDERAL LAW ENFORCEMENT TRAINING CENTER.

    (a) In General.--The transfer of an authority or an agency 
under this Act to the Department of Homeland Security does not 
affect training agreements already entered into with the 
Federal Law Enforcement Training Center with respect to the 
training of personnel to carry out that authority or the duties 
of that transferred agency.
    (b) Continuity of Operations.--All activities of the 
Federal Law Enforcement Training Center transferred to the 
Department of Homeland Security under this Act shall continue 
to be carried out at the locations such activities were carried 
out before such transfer.

SEC. 885. [6 U.S.C. 465] JOINT INTERAGENCY TASK FORCE.

    (a) Establishment.--The Secretary may establish and operate 
a permanent Joint Interagency Homeland Security Task Force 
composed of representatives from military and civilian agencies 
of the United States Government for the purposes of 
anticipating terrorist threats against the United States and 
taking appropriate actions to prevent harm to the United 
States.
    (b) Structure.--It is the sense of Congress that the 
Secretary should model the Joint Interagency Homeland Security 
Task Force on the approach taken by the Joint Interagency Task 
Forces for drug interdiction at Key West, Florida and Alameda, 
California, to the maximum extent feasible and appropriate.

SEC. 886. [6 U.S.C. 466] SENSE OF CONGRESS REAFFIRMING THE CONTINUED 
                    IMPORTANCE AND APPLICABILITY OF THE POSSE COMITATUS 
                    ACT.

    (a) Findings.--Congress finds the following:
            (1) Section 1385 of title 18, United States Code 
        (commonly known as the ``Posse Comitatus Act''), 
        prohibits the use of the Armed Forces as a posse 
        comitatus to execute the laws except in cases and under 
        circumstances expressly authorized by the Constitution 
        or Act of Congress.
            (2) Enacted in 1878, the Posse Comitatus Act was 
        expressly intended to prevent United States Marshals, 
        on their own initiative, from calling on the Army for 
        assistance in enforcing Federal law.
            (3) The Posse Comitatus Act has served the Nation 
        well in limiting the use of the Armed Forces to enforce 
        the law.
            (4) Nevertheless, by its express terms, the Posse 
        Comitatus Act is not a complete barrier to the use of 
        the Armed Forces for a range of domestic purposes, 
        including law enforcement functions, when the use of 
        the Armed Forces is authorized by Act of Congress or 
        the President determines that the use of the Armed 
        Forces is required to fulfill the President's 
        obligations under the Constitution to respond promptly 
        in time of war, insurrection, or other serious 
        emergency.
            (5) Existing laws, including chapter 15 of title 
        10, United States Code (commonly known as the 
        ``Insurrection Act''), and the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5121 et seq.), grant the President broad powers that 
        may be invoked in the event of domestic emergencies, 
        including an attack against the Nation using weapons of 
        mass destruction, and these laws specifically authorize 
        the President to use the Armed Forces to help restore 
        public order.
    (b) Sense of Congress.--Congress reaffirms the continued 
importance of section 1385 of title 18, United States Code, and 
it is the sense of Congress that nothing in this Act should be 
construed to alter the applicability of such section to any use 
of the Armed Forces as a posse comitatus to execute the laws.

SEC. 887. [6 U.S.C. 467] COORDINATION WITH THE DEPARTMENT OF HEALTH AND 
                    HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE ACT.

    (a) In General.--The annual Federal response plan developed 
by the Department shall be consistent with section 319 of the 
Public Health Service Act (42 U.S.C. 247d).
    (b) Disclosures Among Relevant Agencies.--
            (1) In general.--Full disclosure among relevant 
        agencies shall be made in accordance with this 
        subsection.
            (2) Public health emergency.--During the period in 
        which the Secretary of Health and Human Services has 
        declared the existence of a public health emergency 
        under section 319(a) of the Public Health Service Act 
        (42 U.S.C. 247d(a)), the Secretary of Health and Human 
        Services shall keep relevant agencies, including the 
        Department of Homeland Security, the Department of 
        Justice, and the Federal Bureau of Investigation, fully 
        and currently informed.
            (3) Potential public health emergency.--In cases 
        involving, or potentially involving, a public health 
        emergency, but in which no determination of an 
        emergency by the Secretary of Health and Human Services 
        under section 319(a) of the Public Health Service Act 
        (42 U.S.C. 247d(a)), has been made, all relevant 
        agencies, including the Department of Homeland 
        Security, the Department of Justice, and the Federal 
        Bureau of Investigation, shall keep the Secretary of 
        Health and Human Services and the Director of the 
        Centers for Disease Control and Prevention fully and 
        currently informed.

SEC. 888. [6 U.S.C. 468] PRESERVING COAST GUARD MISSION PERFORMANCE.

    (a) Definitions.--In this section:
            (1) Non-homeland security missions.--The term 
        ``non-homeland security missions'' means the following 
        missions of the Coast Guard:
                    (A) Marine safety.
                    (B) Search and rescue.
                    (C) Aids to navigation.
                    (D) Living marine resources (fisheries law 
                enforcement).
                    (E) Marine environmental protection.
                    (F) Ice operations.
            (2) Homeland security missions.--The term 
        ``homeland security missions'' means the following 
        missions of the Coast Guard:
                    (A) Ports, waterways and coastal security.
                    (B) Drug interdiction.
                    (C) Migrant interdiction.
                    (D) Defense readiness.
                    (E) Other law enforcement.
    (b) Transfer.--There are transferred to the Department the 
authorities, functions, personnel, and assets of the Coast 
Guard, which shall be maintained as a distinct entity within 
the Department, including the authorities and functions of the 
Secretary of Transportation relating thereto.
    (c) Maintenance of Status of Functions and Assets.--
Notwithstanding any other provision of this Act, the 
authorities, functions, and capabilities of the Coast Guard to 
perform its missions shall be maintained intact and without 
significant reduction after the transfer of the Coast Guard to 
the Department, except as specified in subsequent Acts.
    (d) Certain Transfers Prohibited.--No mission, function, or 
asset (including for purposes of this subsection any ship, 
aircraft, or helicopter) of the Coast Guard may be diverted to 
the principal and continuing use of any other organization, 
unit, or entity of the Department, except for details or 
assignments that do not reduce the Coast Guard's capability to 
perform its missions.
    (e) Changes to Missions.--
            (1) Prohibition.--The Secretary may not 
        substantially or significantly reduce the missions of 
        the Coast Guard or the Coast Guard's capability to 
        perform those missions, except as specified in 
        subsequent Acts.
            (2) Waiver.--The Secretary may waive the 
        restrictions under paragraph (1) for a period of not to 
        exceed 90 days upon a declaration and certification by 
        the Secretary to Congress that a clear, compelling, and 
        immediate need exists for such a waiver. A 
        certification under this paragraph shall include a 
        detailed justification for the declaration and 
        certification, including the reasons and specific 
        information that demonstrate that the Nation and the 
        Coast Guard cannot respond effectively if the 
        restrictions under paragraph (1) are not waived.
    (f) Annual Review.--
            (1) In general.--The Inspector General of the 
        Department shall conduct an annual review that shall 
        assess thoroughly the performance by the Coast Guard of 
        all missions of the Coast Guard (including non-homeland 
        security missions and homeland security missions) with 
        a particular emphasis on examining the non-homeland 
        security missions.
            (2) Report.--The report under this paragraph shall 
        be submitted to--
                    (A) the Committee on Governmental Affairs 
                of the Senate;
                    (B) the Committee on Government Reform of 
                the House of Representatives;
                    (C) the Committees on Appropriations of the 
                Senate and the House of Representatives;
                    (D) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (E) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
    (g) Direct Reporting to Secretary.--Upon the transfer of 
the Coast Guard to the Department, the Commandant shall report 
directly to the Secretary without being required to report 
through any other official of the Department.
    (h) Operation as a Service in the Navy.--None of the 
conditions and restrictions in this section shall apply when 
the Coast Guard operates as a service in the Navy under section 
3 of title 14, United States Code.
    (i) Report on Accelerating the Integrated Deepwater 
System.--Not later than 90 days after the date of enactment of 
this Act, the Secretary, in consultation with the Commandant of 
the Coast Guard, shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate, the 
Committee on Transportation and Infrastructure of the House of 
Representatives, and the Committees on Appropriations of the 
Senate and the House of Representatives that--
            (1) analyzes the feasibility of accelerating the 
        rate of procurement in the Coast Guard's Integrated 
        Deepwater System from 20 years to 10 years;
            (2) includes an estimate of additional resources 
        required;
            (3) describes the resulting increased capabilities;
            (4) outlines any increases in the Coast Guard's 
        homeland security readiness;
            (5) describes any increases in operational 
        efficiencies; and
            (6) provides a revised asset phase-in time line.
          * * * * * * *

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

    (a)  * * *
          * * * * * * *
    (c) [31 U.S.C. 1105 note] Effective Date.--This section and 
the amendment made by this section shall apply beginning with 
respect to the fiscal year 2005 budget submission.
          * * * * * * *

                    Subtitle I--Information Sharing

SEC. 891. [6 U.S.C. 481] SHORT TITLE; FINDINGS; AND SENSE OF CONGRESS.

    (a) Short Title.--This subtitle may be cited as the 
``Homeland Security Information Sharing Act''.
    (b) Findings.--Congress finds the following:
            (1) The Federal Government is required by the 
        Constitution to provide for the common defense, which 
        includes terrorist attack.
            (2) The Federal Government relies on State and 
        local personnel to protect against terrorist attack.
            (3) The Federal Government collects, creates, 
        manages, and protects classified and sensitive but 
        unclassified information to enhance homeland security.
            (4) Some homeland security information is needed by 
        the State and local personnel to prevent and prepare 
        for terrorist attack.
            (5) The needs of State and local personnel to have 
        access to relevant homeland security information to 
        combat terrorism must be reconciled with the need to 
        preserve the protected status of such information and 
        to protect the sources and methods used to acquire such 
        information.
            (6) Granting security clearances to certain State 
        and local personnel is one way to facilitate the 
        sharing of information regarding specific terrorist 
        threats among Federal, State, and local levels of 
        government.
            (7) Methods exist to declassify, redact, or 
        otherwise adapt classified information so it may be 
        shared with State and local personnel without the need 
        for granting additional security clearances.
            (8) State and local personnel have capabilities and 
        opportunities to gather information on suspicious 
        activities and terrorist threats not possessed by 
        Federal agencies.
            (9) The Federal Government and State and local 
        governments and agencies in other jurisdictions may 
        benefit from such information.
            (10) Federal, State, and local governments and 
        intelligence, law enforcement, and other emergency 
        preparation and response agencies must act in 
        partnership to maximize the benefits of information 
        gathering and analysis to prevent and respond to 
        terrorist attacks.
            (11) Information systems, including the National 
        Law Enforcement Telecommunications System and the 
        Terrorist Threat Warning System, have been established 
        for rapid sharing of classified and sensitive but 
        unclassified information among Federal, State, and 
        local entities.
            (12) Increased efforts to share homeland security 
        information should avoid duplicating existing 
        information systems.
    (c) Sense of Congress.--It is the sense of Congress that 
Federal, State, and local entities should share homeland 
security information to the maximum extent practicable, with 
special emphasis on hard-to-reach urban and rural communities.

SEC. 892. [6 U.S.C. 482] FACILITATING HOMELAND SECURITY INFORMATION 
                    SHARING PROCEDURES.

    (a) Procedures for Determining Extent of Sharing of 
Homeland Security Information.--
            (1) The President shall prescribe and implement 
        procedures under which relevant Federal agencies--
                    (A) share relevant and appropriate homeland 
                security information with other Federal 
                agencies, including the Department, and 
                appropriate State and local personnel;
                    (B) identify and safeguard homeland 
                security information that is sensitive but 
                unclassified; and
                    (C) to the extent such information is in 
                classified form, determine whether, how, and to 
                what extent to remove classified information, 
                as appropriate, and with which such personnel 
                it may be shared after such information is 
                removed.
            (2) The President shall ensure that such procedures 
        apply to all agencies of the Federal Government.
            (3) Such procedures shall not change the 
        substantive requirements for the classification and 
        safeguarding of classified information.
            (4) Such procedures shall not change the 
        requirements and authorities to protect sources and 
        methods.
    (b) Procedures for Sharing of Homeland Security 
Information.--
            (1) Under procedures prescribed by the President, 
        all appropriate agencies, including the intelligence 
        community, shall, through information sharing systems, 
        share homeland security information with Federal 
        agencies and appropriate State and local personnel to 
        the extent such information may be shared, as 
        determined in accordance with subsection (a), together 
        with assessments of the credibility of such 
        information.
            (2) Each information sharing system through which 
        information is shared under paragraph (1) shall--
                    (A) have the capability to transmit 
                unclassified or classified information, though 
                the procedures and recipients for each 
                capability may differ;
                    (B) have the capability to restrict 
                delivery of information to specified subgroups 
                by geographic location, type of organization, 
                position of a recipient within an organization, 
                or a recipient's need to know such information;
                    (C) be configured to allow the efficient 
                and effective sharing of information; and
                    (D) be accessible to appropriate State and 
                local personnel.
            (3) The procedures prescribed under paragraph (1) 
        shall establish conditions on the use of information 
        shared under paragraph (1)--
                    (A) to limit the redissemination of such 
                information to ensure that such information is 
                not used for an unauthorized purpose;
                    (B) to ensure the security and 
                confidentiality of such information;
                    (C) to protect the constitutional and 
                statutory rights of any individuals who are 
                subjects of such information; and
                    (D) to provide data integrity through the 
                timely removal and destruction of obsolete or 
                erroneous names and information.
            (4) The procedures prescribed under paragraph (1) 
        shall ensure, to the greatest extent practicable, that 
        the information sharing system through which 
        information is shared under such paragraph include 
        existing information sharing systems, including, but 
        not limited to, the National Law Enforcement 
        Telecommunications System, the Regional Information 
        Sharing System, and the Terrorist Threat Warning System 
        of the Federal Bureau of Investigation.
            (5) Each appropriate Federal agency, as determined 
        by the President, shall have access to each information 
        sharing system through which information is shared 
        under paragraph (1), and shall therefore have access to 
        all information, as appropriate, shared under such 
        paragraph.
            (6) The procedures prescribed under paragraph (1) 
        shall ensure that appropriate State and local personnel 
        are authorized to use such information sharing 
        systems--
                    (A) to access information shared with such 
                personnel; and
                    (B) to share, with others who have access 
                to such information sharing systems, the 
                homeland security information of their own 
                jurisdictions, which shall be marked 
                appropriately as pertaining to potential 
                terrorist activity.
            (7) Under procedures prescribed jointly by the 
        Director of Central Intelligence and the Attorney 
        General, each appropriate Federal agency, as determined 
        by the President, shall review and assess the 
        information shared under paragraph (6) and integrate 
        such information with existing intelligence.
    (c) Sharing of Classified Information and Sensitive but 
Unclassified Information With State and Local Personnel.--
            (1) The President shall prescribe procedures under 
        which Federal agencies may, to the extent the President 
        considers necessary, share with appropriate State and 
        local personnel homeland security information that 
        remains classified or otherwise protected after the 
        determinations prescribed under the procedures set 
        forth in subsection (a).
            (2) It is the sense of Congress that such 
        procedures may include 1 or more of the following 
        means:
                    (A) Carrying out security clearance 
                investigations with respect to appropriate 
                State and local personnel.
                    (B) With respect to information that is 
                sensitive but unclassified, entering into 
                nondisclosure agreements with appropriate State 
                and local personnel.
                    (C) Increased use of information-sharing 
                partnerships that include appropriate State and 
                local personnel, such as the Joint Terrorism 
                Task Forces of the Federal Bureau of 
                Investigation, the Anti-Terrorism Task Forces 
                of the Department of Justice, and regional 
                Terrorism Early Warning Groups.
            (3)(A) The Secretary shall establish a program to 
        provide appropriate training to officials described in 
        subparagraph (B) in order to assist such officials in--
                    (i) identifying sources of potential 
                terrorist threats through such methods as the 
                Secretary determines appropriate;
                    (ii) reporting information relating to such 
                potential terrorist threats to the appropriate 
                Federal agencies in the appropriate form and 
                manner;
                    (iii) assuring that all reported 
                information is systematically submitted to and 
                passed on by the Department for use by 
                appropriate Federal agencies; and
                    (iv) understanding the mission and roles of 
                the intelligence community to promote more 
                effective information sharing among Federal, 
                State, and local officials and representatives 
                of the private sector to prevent terrorist 
                attacks against the United States.
            (B) The officials referred to in subparagraph (A) 
        are officials of State and local government agencies 
        and representatives of private sector entities with 
        responsibilities relating to the oversight and 
        management of first responders, counterterrorism 
        activities, or critical infrastructure.
            (C) The Secretary shall consult with the Attorney 
        General to ensure that the training program established 
        in subparagraph (A) does not duplicate the training 
        program established in section 908 of the USA PATRIOT 
        Act (Public Law 107-56; 28 U.S.C. 509 note).
            (D) The Secretary shall carry out this paragraph in 
        consultation with the Director of Central Intelligence 
        and the Attorney General.
    (d) Responsible Officials.--For each affected Federal 
agency, the head of such agency shall designate an official to 
administer this Act with respect to such agency.
    (e) Federal Control of Information.--Under procedures 
prescribed under this section, information obtained by a State 
or local government from a Federal agency under this section 
shall remain under the control of the Federal agency, and a 
State or local law authorizing or requiring such a government 
to disclose information shall not apply to such information.
    (f) Definitions.--As used in this section:
            (1) The term ``homeland security information'' 
        means any information possessed by a Federal, State, or 
        local agency that--
                    (A) relates to the threat of terrorist 
                activity;
                    (B) relates to the ability to prevent, 
                interdict, or disrupt terrorist activity;
                    (C) would improve the identification or 
                investigation of a suspected terrorist or 
                terrorist organization; or
                    (D) would improve the response to a 
                terrorist act.
            (2) The term ``intelligence community'' has the 
        meaning given such term in section 3(4) of the National 
        Security Act of 1947 (50 U.S.C. 401a(4)).
            (3) The term ``State and local personnel'' means 
        any of the following persons involved in prevention, 
        preparation, or response for terrorist attack:
                    (A) State Governors, mayors, and other 
                locally elected officials.
                    (B) State and local law enforcement 
                personnel and firefighters.
                    (C) Public health and medical 
                professionals.
                    (D) Regional, State, and local emergency 
                management agency personnel, including State 
                adjutant generals.
                    (E) Other appropriate emergency response 
                agency personnel.
                    (F) Employees of private-sector entities 
                that affect critical infrastructure, cyber, 
                economic, or public health security, as 
                designated by the Federal Government in 
                procedures developed pursuant to this section.
            (4) The term ``State'' includes the District of 
        Columbia and any commonwealth, territory, or possession 
        of the United States.
    (g) Construction.--Nothing in this Act shall be construed 
as authorizing any department, bureau, agency, officer, or 
employee of the Federal Government to request, receive, or 
transmit to any other Government entity or personnel, or 
transmit to any State or local entity or personnel otherwise 
authorized by this Act to receive homeland security 
information, any information collected by the Federal 
Government solely for statistical purposes in violation of any 
other provision of law relating to the confidentiality of such 
information.

SEC. 893. [6 U.S.C. 483] REPORT.

    (a) Report Required.--Not later than 12 months after the 
date of the enactment of this Act, the President shall submit 
to the congressional committees specified in subsection (b) a 
report on the implementation of section 892. The report shall 
include any recommendations for additional measures or 
appropriation requests, beyond the requirements of section 892, 
to increase the effectiveness of sharing of information between 
and among Federal, State, and local entities.
    (b) Specified Congressional Committees.--The congressional 
committees referred to in subsection (a) are the following 
committees:
            (1) The Permanent Select Committee on Intelligence 
        and the Committee on the Judiciary of the House of 
        Representatives.
            (2) The Select Committee on Intelligence and the 
        Committee on the Judiciary of the Senate.

SEC. 894. [6 U.S.C. 484] AUTHORIZATION OF APPROPRIATIONS.

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

            Subtitle J--Secure Handling of Ammonium Nitrate

SEC. 899A. [6 U.S.C. 488] DEFINITIONS.

    In this subtitle:
            (1) Ammonium nitrate.--The term ``ammonium 
        nitrate'' means--
                    (A) solid ammonium nitrate that is chiefly 
                the ammonium salt of nitric acid and contains 
                not less than 33 percent nitrogen by weight; 
                and
                    (B) any mixture containing a percentage of 
                ammonium nitrate that is equal to or greater 
                than the percentage determined by the Secretary 
                under section 899B(b).
            (2) Ammonium nitrate facility.--The term ``ammonium 
        nitrate facility'' means any entity that produces, 
        sells or otherwise transfers ownership of, or provides 
        application services for ammonium nitrate.
            (3) Ammonium nitrate purchaser.--The term 
        ``ammonium nitrate purchaser'' means any person who 
        purchases ammonium nitrate from an ammonium nitrate 
        facility.

SEC. 899B. [6 U.S.C. 488A] REGULATION OF THE SALE AND TRANSFER OF 
                    AMMONIUM NITRATE.

    (a) In General.--The Secretary shall regulate the sale and 
transfer of ammonium nitrate by an ammonium nitrate facility in 
accordance with this subtitle to prevent the misappropriation 
or use of ammonium nitrate in an act of terrorism.
    (b) Ammonium Nitrate Mixtures.--Not later than 90 days 
after the date of the enactment of this subtitle, the 
Secretary, in consultation with the heads of appropriate 
Federal departments and agencies (including the Secretary of 
Agriculture), shall, after notice and an opportunity for 
comment, establish a threshold percentage for ammonium nitrate 
in a substance.
    (c) Registration of Owners of Ammonium Nitrate 
Facilities.--
            (1) Registration.--The Secretary shall establish a 
        process by which any person that--
                    (A) owns an ammonium nitrate facility is 
                required to register with the Department; and
                    (B) registers under subparagraph (A) is 
                issued a registration number for purposes of 
                this subtitle.
            (2)  Registration information.--Any person applying 
        to register under paragraph (1) shall submit to the 
        Secretary--
                    (A) the name, address, and telephone number 
                of each ammonium nitrate facility owned by that 
                person;
                    (B) the name of the person designated by 
                that person as the point of contact for each 
                such facility, for purposes of this subtitle; 
                and
                    (C) such other information as the Secretary 
                may determine is appropriate.
    (d) Registration of Ammonium Nitrate Purchasers.--
            (1) Registration.--The Secretary shall establish a 
        process by which any person that--
                    (A) intends to be an ammonium nitrate 
                purchaser is required to register with the 
                Department; and
                    (B) registers under subparagraph (A) is 
                issued a registration number for purposes of 
                this subtitle.
            (2)  Registration information.--Any person applying 
        to register under paragraph (1) as an ammonium nitrate 
        purchaser shall submit to the Secretary--
                    (A) the name, address, and telephone number 
                of the applicant; and
                    (B) the intended use of ammonium nitrate to 
                be purchased by the applicant.
    (e) Records.--
            (1) Maintenance of records.--The owner of an 
        ammonium nitrate facility shall--
                    (A) maintain a record of each sale or 
                transfer of ammonium nitrate, during the two-
                year period beginning on the date of that sale 
                or transfer; and
                    (B) include in such record the information 
                described in paragraph (2).
            (2) Specific information required.--For each sale 
        or transfer of ammonium nitrate, the owner of an 
        ammonium nitrate facility shall--
                    (A) record the name, address, telephone 
                number, and registration number issued under 
                subsection (c) or (d) of each person that 
                purchases ammonium nitrate, in a manner 
                prescribed by the Secretary;
                    (B) if applicable, record the name, 
                address, and telephone number of an agent 
                acting on behalf of the person described in 
                subparagraph (A), at the point of sale;
                    (C) record the date and quantity of 
                ammonium nitrate sold or transferred; and
                    (D) verify the identity of the persons 
                described in subparagraphs (A) and (B), as 
                applicable, in accordance with a procedure 
                established by the Secretary.
            (3) Protection of information.--In maintaining 
        records in accordance with paragraph (1), the owner of 
        an ammonium nitrate facility shall take reasonable 
        actions to ensure the protection of the information 
        included in such records.
    (f) Exemption for Explosive Purposes.--The Secretary may 
exempt from this subtitle a person producing, selling, or 
purchasing ammonium nitrate exclusively for use in the 
production of an explosive under a license or permit issued 
under chapter 40 of title 18, United States Code.
    (g) Consultation.--In carrying out this section, the 
Secretary shall consult with the Secretary of Agriculture, 
States, and appropriate private sector entities, to ensure that 
the access of agricultural producers to ammonium nitrate is not 
unduly burdened.
    (h) Data Confidentiality.--
            (1) In general.--Notwithstanding section 552 of 
        title 5, United States Code, or the USA PATRIOT ACT 
        (Public Law 107-56; 115 Stat. 272), and except as 
        provided in paragraph (2), the Secretary may not 
        disclose to any person any information obtained under 
        this subtitle.
            (2) Exception.--The Secretary may disclose any 
        information obtained by the Secretary under this 
        subtitle to--
                    (A) an officer or employee of the United 
                States, or a person that has entered into a 
                contract with the United States, who has a need 
                to know the information to perform the duties 
                of the officer, employee, or person; or
                    (B) to a State agency under section 899D, 
                under appropriate arrangements to ensure the 
                protection of the information.
    (i) Registration Procedures and Check of Terrorist 
Screening Database.--
            (1) Registration procedures.--
                    (A) Generally.--The Secretary shall 
                establish procedures to efficiently receive 
                applications for registration numbers under 
                this subtitle, conduct the checks required 
                under paragraph (2), and promptly issue or deny 
                a registration number.
                    (B) Initial six-month registration 
                period.--The Secretary shall take steps to 
                maximize the number of registration 
                applications that are submitted and processed 
                during the six-month period described in 
                section 899F(e).
            (2) Check of terrorist screening database.--
                    (A) Check required.--The Secretary shall 
                conduct a check of appropriate identifying 
                information of any person seeking to register 
                with the Department under subsection (c) or (d) 
                against identifying information that appears in 
                the terrorist screening database of the 
                Department.
                    (B) Authority to deny registration 
                number.--If the identifying information of a 
                person seeking to register with the Department 
                under subsection (c) or (d) appears in the 
                terrorist screening database of the Department, 
                the Secretary may deny issuance of a 
                registration number under this subtitle.
            (3) Expedited review of applications.--
                    (A) In general.--Following the six-month 
                period described in section 899F(e), the 
                Secretary shall, to the extent practicable, 
                issue or deny registration numbers under this 
                subtitle not later than 72 hours after the time 
                the Secretary receives a complete registration 
                application, unless the Secretary determines, 
                in the interest of national security, that 
                additional time is necessary to review an 
                application.
                    (B) Notice of application status.--In all 
                cases, the Secretary shall notify a person 
                seeking to register with the Department under 
                subsection (c) or (d) of the status of the 
                application of that person not later than 72 
                hours after the time the Secretary receives a 
                complete registration application.
            (4) Expedited appeals process.--
                    (A) Requirement.--
                            (i) Appeals process.--The Secretary 
                        shall establish an expedited appeals 
                        process for persons denied a 
                        registration number under this 
                        subtitle.
                            (ii) Time period for resolution.--
                        The Secretary shall, to the extent 
                        practicable, resolve appeals not later 
                        than 72 hours after receiving a 
                        complete request for appeal unless the 
                        Secretary determines, in the interest 
                        of national security, that additional 
                        time is necessary to resolve an appeal.
                    (B) Consultation.--The Secretary, in 
                developing the appeals process under 
                subparagraph (A), shall consult with 
                appropriate stakeholders.
                    (C) Guidance.--The Secretary shall provide 
                guidance regarding the procedures and 
                information required for an appeal under 
                subparagraph (A) to any person denied a 
                registration number under this subtitle.
            (5) Restrictions on use and maintenance of 
        information.--
                    (A) In general.--Any information 
                constituting grounds for denial of a 
                registration number under this section shall be 
                maintained confidentially by the Secretary and 
                may be used only for making determinations 
                under this section.
                    (B) Sharing of information.--
                Notwithstanding any other provision of this 
                subtitle, the Secretary may share any such 
                information with Federal, State, local, and 
                tribal law enforcement agencies, as 
                appropriate.
            (6) Registration information.--
                    (A) Authority to require information.--The 
                Secretary may require a person applying for a 
                registration number under this subtitle to 
                submit such information as may be necessary to 
                carry out the requirements of this section.
                    (B) Requirement to update information.--The 
                Secretary may require persons issued a 
                registration under this subtitle to update 
                registration information submitted to the 
                Secretary under this subtitle, as appropriate.
            (7) Re-checks against terrorist screening 
        database.--
                    (A) Re-checks.--The Secretary shall, as 
                appropriate, recheck persons provided a 
                registration number pursuant to this subtitle 
                against the terrorist screening database of the 
                Department, and may revoke such registration 
                number if the Secretary determines such person 
                may pose a threat to national security.
                    (B) Notice of revocation.--The Secretary 
                shall, as appropriate, provide prior notice to 
                a person whose registration number is revoked 
                under this section and such person shall have 
                an opportunity to appeal, as provided in 
                paragraph (4).

SEC. 899C. [6 U.S.C. 488B] INSPECTION AND AUDITING OF RECORDS.

    The Secretary shall establish a process for the periodic 
inspection and auditing of the records maintained by owners of 
ammonium nitrate facilities for the purpose of monitoring 
compliance with this subtitle or for the purpose of deterring 
or preventing the misappropriation or use of ammonium nitrate 
in an act of terrorism.

SEC. 899D. [6 U.S.C. 488C] ADMINISTRATIVE PROVISIONS.

    (a) Cooperative Agreements.--The Secretary--
            (1) may enter into a cooperative agreement with the 
        Secretary of Agriculture, or the head of any State 
        department of agriculture or its designee involved in 
        agricultural regulation, in consultation with the State 
        agency responsible for homeland security, to carry out 
        the provisions of this subtitle; and
            (2) wherever possible, shall seek to cooperate with 
        State agencies or their designees that oversee ammonium 
        nitrate facility operations when seeking cooperative 
        agreements to implement the registration and 
        enforcement provisions of this subtitle.
    (b) Delegation.--
            (1) Authority.--The Secretary may delegate to a 
        State the authority to assist the Secretary in the 
        administration and enforcement of this subtitle.
            (2) Delegation required.--At the request of a 
        Governor of a State, the Secretary shall delegate to 
        that State the authority to carry out functions under 
        sections 899B and 899C, if the Secretary determines 
        that the State is capable of satisfactorily carrying 
        out such functions.
            (3) Funding.--Subject to the availability of 
        appropriations, if the Secretary delegates functions to 
        a State under this subsection, the Secretary shall 
        provide to that State sufficient funds to carry out the 
        delegated functions.
    (c) Provision of Guidance and Notification Materials to 
Ammonium Nitrate Facilities.--
            (1) Guidance.--The Secretary shall make available 
        to each owner of an ammonium nitrate facility 
        registered under section 899B(c)(1) guidance on--
                    (A) the identification of suspicious 
                ammonium nitrate purchases or transfers or 
                attempted purchases or transfers;
                    (B) the appropriate course of action to be 
                taken by the ammonium nitrate facility owner 
                with respect to such a purchase or transfer or 
                attempted purchase or transfer, including--
                            (i) exercising the right of the 
                        owner of the ammonium nitrate facility 
                        to decline sale of ammonium nitrate; 
                        and
                            (ii) notifying appropriate law 
                        enforcement entities; and
                    (C) additional subjects determined 
                appropriate to prevent the misappropriation or 
                use of ammonium nitrate in an act of terrorism.
            (2) Use of materials and programs.--In providing 
        guidance under this subsection, the Secretary shall, to 
        the extent practicable, leverage any relevant materials 
        and programs.
            (3) Notification materials.--
                    (A) In general.--The Secretary shall make 
                available materials suitable for posting at 
                locations where ammonium nitrate is sold.
                    (B) Design of materials.--Materials made 
                available under subparagraph (A) shall be 
                designed to notify prospective ammonium nitrate 
                purchasers of--
                            (i) the record-keeping requirements 
                        under section 899B; and
                            (ii) the penalties for violating 
                        such requirements.

SEC. 899E. [6 U.S.C. 488D] THEFT REPORTING REQUIREMENT.

    Any person who is required to comply with section 899B(e) 
who has knowledge of the theft or unexplained loss of ammonium 
nitrate shall report such theft or loss to the appropriate 
Federal law enforcement authorities not later than 1 calendar 
day of the date on which the person becomes aware of such theft 
or loss. Upon receipt of such report, the relevant Federal 
authorities shall inform State, local, and tribal law 
enforcement entities, as appropriate.

SEC. 899F. [6 U.S.C. 488E] PROHIBITIONS AND PENALTY.

    (a) Prohibitions.--
            (1) Taking possession.--No person shall purchase 
        ammonium nitrate from an ammonium nitrate facility 
        unless such person is registered under subsection (c) 
        or (d) of section 899B, or is an agent of a person 
        registered under subsection (c) or (d) of that section.
            (2) Transferring possession.--An owner of an 
        ammonium nitrate facility shall not transfer possession 
        of ammonium nitrate from the ammonium nitrate facility 
        to any ammonium nitrate purchaser who is not registered 
        under subsection (c) or (d) of section 899B, or to any 
        agent acting on behalf of an ammonium nitrate purchaser 
        when such purchaser is not registered under subsection 
        (c) or (d) of section 899B.
            (3) Other prohibitions.--No person shall--
                    (A) purchase ammonium nitrate without a 
                registration number required under subsection 
                (c) or (d) of section 899B;
                    (B) own or operate an ammonium nitrate 
                facility without a registration number required 
                under section 899B(c); or
                    (C) fail to comply with any requirement or 
                violate any other prohibition under this 
                subtitle.
    (b) Civil Penalty.--A person that violates this subtitle 
may be assessed a civil penalty by the Secretary of not more 
than $50,000 per violation.
    (c) Penalty Considerations.--In determining the amount of a 
civil penalty under this section, the Secretary shall 
consider--
            (1) the nature and circumstances of the violation;
            (2) with respect to the person who commits the 
        violation, any history of prior violations, the ability 
        to pay the penalty, and any effect the penalty is 
        likely to have on the ability of such person to do 
        business; and
            (3) any other matter that the Secretary determines 
        that justice requires.
    (d) Notice and Opportunity for a Hearing.--No civil penalty 
may be assessed under this subtitle unless the person liable 
for the penalty has been given notice and an opportunity for a 
hearing on the violation for which the penalty is to be 
assessed in the county, parish, or incorporated city of 
residence of that person.
    (e) Delay in Application of Prohibition.--Paragraphs (1) 
and (2) of subsection (a) shall apply on and after the date 
that is 6 months after the date that the Secretary issues a 
final rule implementing this subtitle.

SEC. 899G. [6 U.S.C. 488F] PROTECTION FROM CIVIL LIABILITY.

    (a) In General.--Notwithstanding any other provision of 
law, an owner of an ammonium nitrate facility that in good 
faith refuses to sell or transfer ammonium nitrate to any 
person, or that in good faith discloses to the Department or to 
appropriate law enforcement authorities an actual or attempted 
purchase or transfer of ammonium nitrate, based upon a 
reasonable belief that the person seeking purchase or transfer 
of ammonium nitrate may use the ammonium nitrate to create an 
explosive device to be employed in an act of terrorism (as 
defined in section 3077 of title 18, United States Code), or to 
use ammonium nitrate for any other unlawful purpose, shall not 
be liable in any civil action relating to that refusal to sell 
ammonium nitrate or that disclosure.
    (b) Reasonable Belief.--A reasonable belief that a person 
may use ammonium nitrate to create an explosive device to be 
employed in an act of terrorism under subsection (a) may not 
solely be based on the race, sex, national origin, creed, 
religion, status as a veteran, or status as a member of the 
Armed Forces of the United States of that person.

SEC. 899H. [6 U.S.C. 488G] PREEMPTION OF OTHER LAWS.

    (a) Other Federal Regulations.--Except as provided in 
section 899G, nothing in this subtitle affects any regulation 
issued by any agency other than an agency of the Department.
    (b) State Law.--Subject to section 899G, this subtitle 
preempts the laws of any State to the extent that such laws are 
inconsistent with this subtitle, except that this subtitle 
shall not preempt any State law that provides additional 
protection against the acquisition of ammonium nitrate by 
terrorists or the use of ammonium nitrate in explosives in acts 
of terrorism or for other illicit purposes, as determined by 
the Secretary.

SEC. 899I. [6 U.S.C. 488H] DEADLINES FOR REGULATIONS.

    The Secretary--
            (1) shall issue a proposed rule implementing this 
        subtitle not later than 6 months after the date of the 
        enactment of this subtitle; and
            (2) issue a final rule implementing this subtitle 
        not later than 1 year after such date of enactment.

SEC. 899J. [6 U.S.C. 488I] AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary--
            (1) $2,000,000 for fiscal year 2008; and
            (2) $10,750,000 for each of fiscal years 2009 
        through 2012.

              TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL

SEC. 901. [6 U.S.C. 491] NATIONAL HOMELAND SECURITY COUNCIL.

    There is established within the Executive Office of the 
President a council to be known as the ``Homeland Security 
Council'' (in this title referred to as the ``Council'').

SEC. 902. [6 U.S.C. 492] FUNCTION.

    The function of the Council shall be to advise the 
President on homeland security matters.

SEC. 903. [6 U.S.C. 493] MEMBERSHIP.

    (a) Members-- \1\The members of the Council shall be the 
following:
---------------------------------------------------------------------------
    \1\ A period probably should appear prior to the dash in the 
heading for subsection (a) of section 903.
---------------------------------------------------------------------------
            (1) The President.
            (2) The Vice President.
            (3) The Secretary of Homeland Security.
            (4) The Attorney General.
            (5) The Secretary of Defense.
            (6) Such other individuals as may be designated by 
        the President.
    (b) Attendance of Chairman of Joint Chiefs of Staff at 
Meetings.--The Chairman of the Joint Chiefs of Staff (or, in 
the absence of the Chairman, the Vice Chairman of the Joint 
Chiefs of Staff) may, in the role of the Chairman of the Joint 
Chiefs of Staff as principal military adviser to the Council 
and subject to the direction of the President, attend and 
participate in meetings of the Council.

SEC. 904. [6 U.S.C. 494] OTHER FUNCTIONS AND ACTIVITIES.

    For the purpose of more effectively coordinating the 
policies and functions of the United States Government relating 
to homeland security, the Council shall--
            (1) assess the objectives, commitments, and risks 
        of the United States in the interest of homeland 
        security and to make resulting recommendations to the 
        President;
            (2) oversee and review homeland security policies 
        of the Federal Government and to make resulting 
        recommendations to the President; and
            (3) perform such other functions as the President 
        may direct.

SEC. 905. [6 U.S.C. 495] STAFF COMPOSITION.

    The Council shall have a staff, the head of which shall be 
a civilian Executive Secretary, who shall be appointed by the 
President. The President is authorized to fix the pay of the 
Executive Secretary at a rate not to exceed the rate of pay 
payable to the Executive Secretary of the National Security 
Council.

SEC. 906. [6 U.S.C. 496] RELATION TO THE NATIONAL SECURITY COUNCIL.

    The President may convene joint meetings of the Homeland 
Security Council and the National Security Council with 
participation by members of either Council or as the President 
may otherwise direct.

                     TITLE X--INFORMATION SECURITY

SEC. 1001. INFORMATION SECURITY.

    (a) [6 U.S.C. 101 note] Short Title.--This title may be 
cited as the ``Federal Information Security Management Act of 
2002''.

           *       *       *       *       *       *       *

    (c) [6 U.S.C. 511] Information Security Responsibilities of 
Certain Agencies.--
            (1) National security responsibilities.--(A) 
        Nothing in this Act (including any amendment made by 
        this Act) shall supersede any authority of the 
        Secretary of Defense, the Director of Central 
        Intelligence, or other agency head, as authorized by 
        law and as directed by the President, with regard to 
        the operation, control, or management of national 
        security systems, as defined by section 3532(3) of 
        title 44, United States Code.

           *       *       *       *       *       *       *

            (2) Atomic energy act of 1954.--Nothing in this Act 
        shall supersede any requirement made by or under the 
        Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). 
        Restricted Data or Formerly Restricted Data shall be 
        handled, protected, classified, downgraded, and 
        declassified in conformity with the Atomic Energy Act 
        of 1954 (42 U.S.C. 2011 et seq.).

           *       *       *       *       *       *       *

SEC. 1006. [6 U.S.C. 512] CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, 
affects the authority of the National Institute of Standards 
and Technology or the Department of Commerce relating to the 
development and promulgation of standards or guidelines under 
paragraphs (1) and (2) of section 20(a) of the National 
Institute of Standards and Technology Act (15 U.S.C. 278g-
3(a)).

               TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS

          Subtitle A--Executive Office for Immigration Review

SEC. 1101. LEGAL STATUS OF EOIR.

    (a) [6 U.S.C. 521] Existence of EOIR.--There is in the 
Department of Justice the Executive Office for Immigration 
Review, which shall be subject to the direction and regulation 
of the Attorney General under section 103(g) of the Immigration 
and Nationality Act, as added by section 1102.

           *       *       *       *       *       *       *

SEC. 1103. [6 U.S.C. 522] STATUTORY CONSTRUCTION.

    Nothing in this Act, any amendment made by this Act, or in 
section 103 of the Immigration and Nationality Act, as amended 
by section 1102, shall be construed to limit judicial deference 
to regulations, adjudications, interpretations, orders, 
decisions, judgments, or any other actions of the Secretary of 
Homeland Security or the Attorney General.

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

SEC. 1111. [6 U.S.C. 531] BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND 
                    EXPLOSIVES.

    (a) Establishment.--
            (1) In general.--There is established within the 
        Department of Justice under the general authority of 
        the Attorney General the Bureau of Alcohol, Tobacco, 
        Firearms, and Explosives (in this section referred to 
        as the ``Bureau'').
            (2) Director.--There shall be at the head of the 
        Bureau a Director, Bureau of Alcohol, Tobacco, 
        Firearms, and Explosives (in this subtitle referred to 
        as the ``Director''). The Director shall be appointed 
        by the President, by and with the advice and consent of 
        the Senate and shall perform such functions as the 
        Attorney General shall direct. The Director shall 
        receive compensation at the rate prescribed by law 
        under section 5314 of title V, United States Code, for 
        positions at level III of the Executive Schedule.
            (3) Coordination.--The Attorney General, acting 
        through the Director and such other officials of the 
        Department of Justice as the Attorney General may 
        designate, shall provide for the coordination of all 
        firearms, explosives, tobacco enforcement, and arson 
        enforcement functions vested in the Attorney General so 
        as to assure maximum cooperation between and among any 
        officer, employee, or agency of the Department of 
        Justice involved in the performance of these and 
        related functions.
            (4) Performance of transferred functions.--The 
        Attorney General may make such provisions as the 
        Attorney General determines appropriate to authorize 
        the performance by any officer, employee, or agency of 
        the Department of Justice of any function transferred 
        to the Attorney General under this section.
    (b) Responsibilities.--Subject to the direction of the 
Attorney General, the Bureau shall be responsible for 
investigating--
            (1) criminal and regulatory violations of the 
        Federal firearms, explosives, arson, alcohol, and 
        tobacco smuggling laws;
            (2) the functions transferred by subsection (c); 
        and
            (3) any other function related to the investigation 
        of violent crime or domestic terrorism that is 
        delegated to the Bureau by the Attorney General.
    (c) Transfer of Authorities, Functions, Personnel, and 
Assets to the Department of Justice.--
            (1) In general.--Subject to paragraph (2), but 
        notwithstanding any other provision of law, there are 
        transferred to the Department of Justice the 
        authorities, functions, personnel, and assets of the 
        Bureau of Alcohol, Tobacco and Firearms, which shall be 
        maintained as a distinct entity within the Department 
        of Justice, including the related functions of the 
        Secretary of the Treasury.
            (2) Administration and revenue collection 
        functions.--There shall be retained within the 
        Department of the Treasury the authorities, functions, 
        personnel, and assets of the Bureau of Alcohol, Tobacco 
        and Firearms relating to the administration and 
        enforcement of chapters 51 and 52 of the Internal 
        Revenue Code of 1986, sections 4181 and 4182 of the 
        Internal Revenue Code of 1986, and title 27, United 
        States Code.
            (3) Building prospectus.--Prospectus PDC-98W10, 
        giving the General Services Administration the 
        authority for site acquisition, design, and 
        construction of a new headquarters building for the 
        Bureau of Alcohol, Tobacco and Firearms, is 
        transferred, and deemed to apply, to the Bureau of 
        Alcohol, Tobacco, Firearms, and Explosives established 
        in the Department of Justice under subsection (a).
    (d) Tax and Trade Bureau.--
            (1) Establishment.--There is established within the 
        Department of the Treasury the Tax and Trade Bureau.
            (2) Administrator.--The Tax and Trade Bureau shall 
        be headed by an Administrator, who shall perform such 
        duties as assigned by the Under Secretary for 
        Enforcement of the Department of the Treasury. The 
        Administrator shall occupy a career-reserved position 
        within the Senior Executive Service.
            (3) Responsibilities.--The authorities, functions, 
        personnel, and assets of the Bureau of Alcohol, Tobacco 
        and Firearms that are not transferred to the Department 
        of Justice under this section shall be retained and 
        administered by the Tax and Trade Bureau.

           *       *       *       *       *       *       *

SEC. 1114. [6 U.S.C. 532] EXPLOSIVES TRAINING AND RESEARCH FACILITY.

    (a) Establishment.--There is established within the Bureau 
an Explosives Training and Research Facility at Fort AP Hill, 
Fredericksburg, Virginia.
    (b) Purpose.--The facility established under subsection (a) 
shall be utilized to train Federal, State, and local law 
enforcement officers to--
            (1) investigate bombings and explosions;
            (2) properly handle, utilize, and dispose of 
        explosive materials and devices;
            (3) train canines on explosive detection; and
            (4) conduct research on explosives.
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be 
        appropriated such sums as may be necessary to establish 
        and maintain the facility established under subsection 
        (a).
            (2) Availability of funds.--Any amounts 
        appropriated pursuant to paragraph (1) shall remain 
        available until expended.

SEC. 1115. [6 U.S.C. 533] PERSONNEL MANAGEMENT DEMONSTRATION PROJECT.

    Notwithstanding any other provision of law, the Personnel 
Management Demonstration Project established under section 102 
of title I of division C of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act for Fiscal Year 1999 
(Public Law 105-277; 122 Stat. 2681-585) shall be transferred 
to the Attorney General of the United States for continued use 
by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
Department of Justice, and the Secretary of the Treasury for 
continued use by the Tax and Trade Bureau.

                         Subtitle C--Explosives

SEC. 1121. [18 U.S.C. 841 NOTE] SHORT TITLE.

    This subtitle may be referred to as the ``Safe Explosives 
Act''.

SEC. 1122. PERMITS FOR PURCHASERS OF EXPLOSIVES.

    (a)  * * *

           *       *       *       *       *       *       *

    (i) [18 U.S.C. 843 note] Effective Date.--
            (1) In general.--The amendments made by this 
        section shall take effect 180 days after the date of 
        enactment of this Act.
            (2) Exception.--Notwithstanding any provision of 
        this Act, a license or permit issued under section 843 
        of title 18, United States Code, before the date of 
        enactment of this Act, shall remain valid until that 
        license or permit is revoked under section 843(d) or 
        expires, or until a timely application for renewal is 
        acted upon.

           *       *       *       *       *       *       *

SEC. 1128. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as 
necessary to carry out this subtitle and the amendments made by 
this subtitle.

TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION

           *       *       *       *       *       *       *

SEC. 1204. REPORT.

    Not later than 90 days after the date of enactment of this 
Act, the Secretary shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report that--
                    (A) evaluates the availability and cost of 
                commercial war risk insurance for air carriers 
                and other aviation entities for passengers and 
                third parties;
                    (B) analyzes the economic effect upon air 
                carriers and other aviation entities of 
                available commercial war risk insurance; and
                    (C) describes the manner in which the 
                Department could provide an alternative means 
                of providing aviation war risk reinsurance 
                covering passengers, crew, and third parties 
                through use of a risk-retention group or by 
                other means.

               TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT

                Subtitle A--Chief Human Capital Officers

SEC. 1301. [5 U.S.C. 101 NOTE] SHORT TITLE.

    This title may be cited as the ``Chief Human Capital 
Officers Act of 2002''.

           *       *       *       *       *       *       *

SEC. 1303. [5 U.S.C. 1401 NOTE] CHIEF HUMAN CAPITAL OFFICERS COUNCIL.

    (a) Establishment.--There is established a Chief Human 
Capital Officers Council, consisting of--
            (1) the Director of the Office of Personnel 
        Management, who shall act as chairperson of the 
        Council;
            (2) the Deputy Director for Management of the 
        Office of Management and Budget, who shall act as vice 
        chairperson of the Council; and
            (3) the Chief Human Capital Officers of Executive 
        departments and any other members who are designated by 
        the Director of the Office of Personnel Management.
    (b) Functions.--The Chief Human Capital Officers Council 
shall meet periodically to advise and coordinate the activities 
of the agencies of its members on such matters as modernization 
of human resources systems, improved quality of human resources 
information, and legislation affecting human resources 
operations and organizations.
    (c) Employee Labor Organizations at Meetings.--The Chief 
Human Capital Officers Council shall ensure that 
representatives of Federal employee labor organizations are 
present at a minimum of 1 meeting of the Council each year. 
Such representatives shall not be members of the Council.
    (d) Annual Report.--Each year the Chief Human Capital 
Officers Council shall submit a report to Congress on the 
activities of the Council.

           *       *       *       *       *       *       *

SEC. 1305. [5 U.S.C. 1103 NOTE] EFFECTIVE DATE.

    This subtitle shall take effect 180 days after the date of 
enactment of this Act.

Subtitle B--Reforms Relating to Federal Human Capital Management

           *       *       *       *       *       *       *

SEC. 1313. PERMANENT EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES 
                    FOR USE OF VOLUNTARY SEPARATION INCENTIVE PAY AND 
                    VOLUNTARY EARLY RETIREMENT.

    (a) Voluntary Separation Incentive Payments.--
            (1)  * * *

           *       *       *       *       *       *       *

            (2) [5 U.S.C. 3521 note] Administrative office of 
        the united states courts.--The Director of the 
        Administrative Office of the United States Courts may, 
        by regulation, establish a program substantially 
        similar to the program established under paragraph (1) 
        for individuals serving in the judicial branch.
            (3) [5 U.S.C. 3521 note] Continuation of other 
        authority.--Any agency exercising any voluntary 
        separation incentive authority in effect on the 
        effective date of this subsection may continue to offer 
        voluntary separation incentives consistent with that 
        authority until that authority expires.
            (4) [5 U.S.C. 3521 note] Effective date.--This 
        subsection shall take effect 60 days after the date of 
        enactment of this Act.

           *       *       *       *       *       *       *

    (b) Federal Employee Voluntary Early Retirement.--
            (1)  * * *

           *       *       *       *       *       *       *

            (3) [5 U.S.C. 8336 note] General accounting office 
        authority.--The amendments made by this subsection 
        shall not be construed to affect the authority under 
        section 1 of Public Law 106-303 (5 U.S.C. 8336 note; 
        114 State. 1063).

           *       *       *       *       *       *       *

            (5) [5 U.S.C. 8336 note] Regulations.--The Office 
        of Personnel Management may prescribe regulations to 
        carry out this subsection.
    (c) [5 U.S.C. 3521 note] Sense of Congress.--It is the 
sense of Congress that the implementation of this section is 
intended to reshape the Federal workforce and not downsize the 
Federal workforce.

           *       *       *       *       *       *       *

Subtitle C--Reforms Relating to the Senior Executive Service

           *       *       *       *       *       *       *

SEC. 1321. REPEAL OF RECERTIFICATION REQUIREMENTS OF SENIOR EXECUTIVES.

    (a)  * * *

           *       *       *       *       *       *       *

    (b) [5 U.S.C. 3592 note] Savings Provision.--
Notwithstanding the amendments made by subsection (a)(2)(A), an 
appeal under the final sentence of section 3592(a) of title 5, 
United States Code, that is pending on the day before the 
effective date of this section--
            (1) shall not abate by reason of the enactment of 
        the amendments made by subsection (a)(2)(A); and
            (2) shall continue as if such amendments had not 
        been enacted.
    (c) [5 U.S.C. 3593 note] Application.--The amendment made 
by subsection (a)(2)(B) shall not apply with respect to an 
individual who, before the effective date of this section, 
leaves the Senior Executive Service for failure to be 
recertified as a senior executive under section 3393a of title 
5, United States Code.

           *       *       *       *       *       *       *

Subtitle D--Academic Training

           *       *       *       *       *       *       *

SEC. 1332. MODIFICATIONS TO NATIONAL SECURITY EDUCATION PROGRAM.

    (a) [5 U.S.C. 3301 note] Findings and Policies.--
            (1) Findings.--Congress finds that--
                    (A) the United States Government actively 
                encourages and financially supports the 
                training, education, and development of many 
                United States citizens;
                    (B) as a condition of some of those 
                supports, many of those citizens have an 
                obligation to seek either compensated or 
                uncompensated employment in the Federal sector; 
                and
                    (C) it is in the United States national 
                interest to maximize the return to the Nation 
                of funds invested in the development of such 
                citizens by seeking to employ them in the 
                Federal sector.
            (2) Policy.--It shall be the policy of the United 
        States Government to--
                    (A) establish procedures for ensuring that 
                United States citizens who have incurred 
                service obligations as the result of receiving 
                financial support for education and training 
                from the United States Government and have 
                applied for Federal positions are considered in 
                all recruitment and hiring initiatives of 
                Federal departments, bureaus, agencies, and 
                offices; and
                    (B) advertise and open all Federal 
                positions to United States citizens who have 
                incurred service obligations with the United 
                States Government as the result of receiving 
                financial support for education and training 
                from the United States Government.

           *       *       *       *       *       *       *

               TITLE XIV--ARMING PILOTS AGAINST TERRORISM

SEC. 1401. [49 U.S.C. 40101 NOTE] SHORT TITLE.

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

SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.

    (a)  * * *

           *       *       *       *       *       *       *

    (c) [6 U.S.C. 513] Federal Air Marshal Program.--
            (1) Sense of congress.--It is the sense of Congress 
        that the Federal air marshal program is critical to 
        aviation security.
            (2) Limitation on statutory construction.--Nothing 
        in this Act, including any amendment made by this Act, 
        shall be construed as preventing the Under Secretary of 
        Transportation for Security from implementing and 
        training Federal air marshals.

SEC. 1403. CREW TRAINING.

    (a)  * * *

           *       *       *       *       *       *       *

    (c) Benefits and Risks of Providing Flight Attendants With 
Nonlethal Weapons.--
            (1) Study.--The Under Secretary of Transportation 
        for Security shall conduct a study to evaluate the 
        benefits and risks of providing flight attendants with 
        nonlethal weapons to aide in combating air piracy and 
        criminal violence on commercial airlines.
            (2) Report.--Not later than 6 months after the date 
        of enactment of this Act, the Under Secretary shall 
        transmit to Congress a report on the results of the 
        study.

SEC. 1404. COMMERCIAL AIRLINE SECURITY STUDY.

    (a) Study.--The Secretary of Transportation shall conduct a 
study of the following:
            (1) The number of armed Federal law enforcement 
        officers (other than Federal air marshals), who travel 
        on commercial airliners annually and the frequency of 
        their travel.
            (2) The cost and resources necessary to provide 
        such officers with supplemental training in aircraft 
        anti-terrorism training that is comparable to the 
        training that Federal air marshals are provided.
            (3) The cost of establishing a program at a Federal 
        law enforcement training center for the purpose of 
        providing new Federal law enforcement recruits with 
        standardized training comparable to the training that 
        Federal air marshals are provided.
            (4) The feasibility of implementing a certification 
        program designed for the purpose of ensuring Federal 
        law enforcement officers have completed the training 
        described in paragraph (2) and track their travel over 
        a 6-month period.
            (5) The feasibility of staggering the flights of 
        such officers to ensure the maximum amount of flights 
        have a certified trained Federal officer on board.
    (b) Report.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study. The report may be 
submitted in classified and redacted form.

           *       *       *       *       *       *       *

                          TITLE XV--TRANSITION

                    Subtitle A--Reorganization Plan

SEC. 1501. [6 U.S.C. 541] DEFINITIONS.

    For purposes of this title:
            (1) The term ``agency'' includes any entity, 
        organizational unit, program, or function.
            (2) The term ``transition period'' means the 12-
        month period beginning on the effective date of this 
        Act.

SEC. 1502. [6 U.S.C. 542] REORGANIZATION PLAN.

    (a) Submission of Plan.--Not later than 60 days after the 
date of the enactment of this Act, the President shall transmit 
to the appropriate congressional committees a reorganization 
plan regarding the following:
            (1) The transfer of agencies, personnel, assets, 
        and obligations to the Department pursuant to this Act.
            (2) Any consolidation, reorganization, or 
        streamlining of agencies transferred to the Department 
        pursuant to this Act.
    (b) Plan Elements.--The plan transmitted under subsection 
(a) shall contain, consistent with this Act, such elements as 
the President deems appropriate, including the following:
            (1) Identification of any functions of agencies 
        transferred to the Department pursuant to this Act that 
        will not be transferred to the Department under the 
        plan.
            (2) Specification of the steps to be taken by the 
        Secretary to organize the Department, including the 
        delegation or assignment of functions transferred to 
        the Department among officers of the Department in 
        order to permit the Department to carry out the 
        functions transferred under the plan.
            (3) Specification of the funds available to each 
        agency that will be transferred to the Department as a 
        result of transfers under the plan.
            (4) Specification of the proposed allocations 
        within the Department of unexpended funds transferred 
        in connection with transfers under the plan.
            (5) Specification of any proposed disposition of 
        property, facilities, contracts, records, and other 
        assets and obligations of agencies transferred under 
        the plan.
            (6) Specification of the proposed allocations 
        within the Department of the functions of the agencies 
        and subdivisions that are not related directly to 
        securing the homeland.
    (c) Modification of Plan.--The President may, on the basis 
of consultations with the appropriate congressional committees, 
modify or revise any part of the plan until that part of the 
plan becomes effective in accordance with subsection (d).
    (d) Effective Date.--
            (1) In general.--The reorganization plan described 
        in this section, including any modifications or 
        revisions of the plan under subsection (d), shall 
        become effective for an agency on the earlier of--
                    (A) the date specified in the plan (or the 
                plan as modified pursuant to subsection (d)), 
                except that such date may not be earlier than 
                90 days after the date the President has 
                transmitted the reorganization plan to the 
                appropriate congressional committees pursuant 
                to subsection (a); or
                    (B) the end of the transition period.
            (2) Statutory construction.--Nothing in this 
        subsection may be construed to require the transfer of 
        functions, personnel, records, balances of 
        appropriations, or other assets of an agency on a 
        single date.
            (3) Supersedes existing law.--Paragraph (1) shall 
        apply notwithstanding section 905(b) of title 5, United 
        States Code.

SEC. 1503. [6 U.S.C. 543] REVIEW OF CONGRESSIONAL COMMITTEE STRUCTURES.

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

                  Subtitle B--Transitional Provisions

SEC. 1511. [6 U.S.C. 551] TRANSITIONAL AUTHORITIES.

    (a) Provision of Assistance by Officials.--Until the 
transfer of an agency to the Department, any official having 
authority over or functions relating to the agency immediately 
before the effective date of this Act shall provide to the 
Secretary such assistance, including the use of personnel and 
assets, as the Secretary may request in preparing for the 
transfer and integration of the agency into the Department.
    (b) Services and Personnel.--During the transition period, 
upon the request of the Secretary, the head of any executive 
agency may, on a reimbursable basis, provide services or detail 
personnel to assist with the transition.
    (c) Acting Officials.--(1) During the transition period, 
pending the advice and consent of the Senate to the appointment 
of an officer required by this Act to be appointed by and with 
such advice and consent, the President may designate any 
officer whose appointment was required to be made by and with 
such advice and consent and who was such an officer immediately 
before the effective date of this Act (and who continues in 
office) or immediately before such designation, to act in such 
office until the same is filled as provided in this Act. While 
so acting, such officers shall receive compensation at the 
higher of--
            (A) the rates provided by this Act for the 
        respective offices in which they act; or
            (B) the rates provided for the offices held at the 
        time of designation.
    (2) Nothing in this Act shall be understood to require the 
advice and consent of the Senate to the appointment by the 
President to a position in the Department of any officer whose 
agency is transferred to the Department pursuant to this Act 
and whose duties following such transfer are germane to those 
performed before such transfer.
    (d) Transfer of Personnel, Assets, Obligations, and 
Functions.--Upon the transfer of an agency to the Department--
            (1) the personnel, assets, and obligations held by 
        or available in connection with the agency shall be 
        transferred to the Secretary for appropriate 
        allocation, subject to the approval of the Director of 
        the Office of Management and Budget and in accordance 
        with the provisions of section 1531(a)(2) of title 31, 
        United States Code; and
            (2) the Secretary shall have all functions relating 
        to the agency that any other official could by law 
        exercise in relation to the agency immediately before 
        such transfer, and shall have in addition all functions 
        vested in the Secretary by this Act or other law.
    (e) Prohibition on Use of Transportation Trust Funds.--
            (1) In general.--Notwithstanding any other 
        provision of this Act, no funds derived from the 
        Highway Trust Fund, Airport and Airway Trust Fund, 
        Inland Waterway Trust Fund, or Harbor Maintenance Trust 
        Fund, may be transferred to, made available to, or 
        obligated by the Secretary or any other official in the 
        Department.
            (2) Limitation.--This subsection shall not apply to 
        security-related funds provided to the Federal Aviation 
        Administration for fiscal years preceding fiscal year 
        2003 for (A) operations, (B) facilities and equipment, 
        or (C) research, engineering, and development, and to 
        any funds provided to the Coast Guard from the Sport 
        Fish Restoration and Boating Trust Fund for boating 
        safety programs.

SEC. 1512. [6 U.S.C. 552] SAVINGS PROVISIONS.

    (a) Completed Administrative Actions.--(1) Completed 
administrative actions of an agency shall not be affected by 
the enactment of this Act or the transfer of such agency to the 
Department, but shall continue in effect according to their 
terms until amended, modified, superseded, terminated, set 
aside, or revoked in accordance with law by an officer of the 
United States or a court of competent jurisdiction, or by 
operation of law.
    (2) For purposes of paragraph (1), the term ``completed 
administrative action'' includes orders, determinations, rules, 
regulations, personnel actions, permits, agreements, grants, 
contracts, certificates, licenses, registrations, and 
privileges.
    (b) Pending Proceedings.--Subject to the authority of the 
Secretary under this Act--
            (1) pending proceedings in an agency, including 
        notices of proposed rulemaking, and applications for 
        licenses, permits, certificates, grants, and financial 
        assistance, shall continue notwithstanding the 
        enactment of this Act or the transfer of the agency to 
        the Department, unless discontinued or modified under 
        the same terms and conditions and to the same extent 
        that such discontinuance could have occurred if such 
        enactment or transfer had not occurred; and
            (2) orders issued in such proceedings, and appeals 
        therefrom, and payments made pursuant to such orders, 
        shall issue in the same manner and on the same terms as 
        if this Act had not been enacted or the agency had not 
        been transferred, and any such orders shall continue in 
        effect until amended, modified, superseded, terminated, 
        set aside, or revoked by an officer of the United 
        States or a court of competent jurisdiction, or by 
        operation of law.
    (c) Pending Civil Actions.--Subject to the authority of the 
Secretary under this Act, pending civil actions shall continue 
notwithstanding the enactment of this Act or the transfer of an 
agency to the Department, and in such civil actions, 
proceedings shall be had, appeals taken, and judgments rendered 
and enforced in the same manner and with the same effect as if 
such enactment or transfer had not occurred.
    (d) References.--References relating to an agency that is 
transferred to the Department in statutes, Executive orders, 
rules, regulations, directives, or delegations of authority 
that precede such transfer or the effective date of this Act 
shall be deemed to refer, as appropriate, to the Department, to 
its officers, employees, or agents, or to its corresponding 
organizational units or functions. Statutory reporting 
requirements that applied in relation to such an agency 
immediately before the effective date of this Act shall 
continue to apply following such transfer if they refer to the 
agency by name.
    (e) Employment Provisions.--(1) Notwithstanding the 
generality of the foregoing (including subsections (a) and 
(d)), in and for the Department the Secretary may, in 
regulations prescribed jointly with the Director of the Office 
of Personnel Management, adopt the rules, procedures, terms, 
and conditions, established by statute, rule, or regulation 
before the effective date of this Act, relating to employment 
in any agency transferred to the Department pursuant to this 
Act; and
    (2) except as otherwise provided in this Act, or under 
authority granted by this Act, the transfer pursuant to this 
Act of personnel shall not alter the terms and conditions of 
employment, including compensation, of any employee so 
transferred.
    (f) Statutory Reporting Requirements.--Any statutory 
reporting requirement that applied to an agency, transferred to 
the Department under this Act, immediately before the effective 
date of this Act shall continue to apply following that 
transfer if the statutory requirement refers to the agency by 
name.

SEC. 1513. [6 U.S.C. 553] TERMINATIONS.

    Except as otherwise provided in this Act, whenever all the 
functions vested by law in any agency have been transferred 
pursuant to this Act, each position and office the incumbent of 
which was authorized to receive compensation at the rates 
prescribed for an office or position at level II, III, IV, or 
V, of the Executive Schedule, shall terminate.

SEC. 1514. [6 U.S.C. 554] NATIONAL IDENTIFICATION SYSTEM NOT 
                    AUTHORIZED.

    Nothing in this Act shall be construed to authorize the 
development of a national identification system or card.

SEC. 1515. [6 U.S.C. 555] CONTINUITY OF INSPECTOR GENERAL OVERSIGHT.

    Notwithstanding the transfer of an agency to the Department 
pursuant to this Act, the Inspector General that exercised 
oversight of such agency prior to such transfer shall continue 
to exercise oversight of such agency during the period of time, 
if any, between the transfer of such agency to the Department 
pursuant to this Act and the appointment of the Inspector 
General of the Department of Homeland Security in accordance 
with section 103(b).

SEC. 1516. [6 U.S.C. 556] INCIDENTAL TRANSFERS.

    The Director of the Office of Management and Budget, in 
consultation with the Secretary, is authorized and directed to 
make such additional incidental dispositions of personnel, 
assets, and liabilities held, used, arising from, available, or 
to be made available, in connection with the functions 
transferred by this Act, as the Director may determine 
necessary to accomplish the purposes of this Act.

SEC. 1517. [6 U.S.C. 557] REFERENCE.

    With respect to any function transferred by or under this 
Act (including under a reorganization plan that becomes 
effective under section 1502) and exercised on or after the 
effective date of this Act, reference in any other Federal law 
to any department, commission, or agency or any officer or 
office the functions of which are so transferred shall be 
deemed to refer to the Secretary, other official, or component 
of the Department to which such function is so transferred.

           *       *       *       *       *       *       *

TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS

           *       *       *       *       *       *       *

SEC. 1702. EXECUTIVE SCHEDULE.

    (a)  * * *

           *       *       *       *       *       *       *

    (b) [5 U.S.C. 5315 note] Special Effective Date.--
Notwithstanding section 4, the amendment made by subsection 
(a)(5) shall take effect on the date on which the transfer of 
functions specified under section 441 takes effect.

SEC. 1703. UNITED STATES SECRET SERVICE.

    (a)  * * *
    (b) [3 U.S.C. 202 note] Effective Date.--The amendments 
made by this section shall take effect on the date of transfer 
of the United States Secret Service to the Department.

SEC. 1704. COAST GUARD.

    (a)  * * *

           *       *       *       *       *       *       *

    (g) [10 U.S.C. 101 note] Effective Date.--The amendments 
made by this section (other than subsection (f)) shall take 
effect on the date of transfer of the Coast Guard to the 
Department.

SEC. 1705. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE 
                    DEVELOPMENT.

    (a)  * * *

           *       *       *       *       *       *       *

    (b) [42 U.S.C. 247d-6b note] Effective Date.--The 
amendments made by this section shall take effect on the date 
of transfer of the Strategic National Stockpile of the 
Department of Health and Human Services to the Department.

SEC. 1706. TRANSFER OF CERTAIN SECURITY AND LAW ENFORCEMENT FUNCTIONS 
                    AND AUTHORITIES.

    (a)  * * *

           *       *       *       *       *       *       *

            (2) [40 U.S.C. 1315 note] Delegation of 
        authority.--The Secretary may delegate authority for 
        the protection of specific buildings to another Federal 
        agency where, in the Secretary's discretion, the 
        Secretary determines it necessary for the protection of 
        that building.

           *       *       *       *       *       *       *

SEC. 1708. [50 U.S.C. 1522 NOTE] NATIONAL BIO-WEAPONS DEFENSE ANALYSIS 
                    CENTER.

    There is established in the Department of Defense a 
National Bio-Weapons Defense Analysis Center, whose mission is 
to develop countermeasures to potential attacks by terrorists 
using weapons of mass destruction.

           *       *       *       *       *       *       *

    Sec. 1714. [6 U.S.C. 103] Notwithstanding any other 
provision of this Act, any report, notification, or 
consultation addressing directly or indirectly the use of 
appropriated funds and stipulated by this Act to be submitted 
to, or held with, the Congress or any Congressional committee 
shall also be submitted to, or held with, the Committees on 
Appropriations of the Senate and the House of Representatives 
under the same conditions and with the same restrictions as 
stipulated by this Act.

                 TITLE XVIII--EMERGENCY COMMUNICATIONS

SEC. 1801. [6 U.S.C. 571] OFFICE OF EMERGENCY COMMUNICATIONS.

    (a) In General.--There is established in the Department an 
Office of Emergency Communications.
    (b) Director.--The head of the office shall be the Director 
for Emergency Communications. The Director shall report to the 
Assistant Secretary for Cybersecurity and Communications.
    (c) Responsibilities.--The Director for Emergency 
Communications shall--
            (1) assist the Secretary in developing and 
        implementing the program described in section 
        7303(a)(1) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except as 
        provided in section 314;
            (2) administer the Department's responsibilities 
        and authorities relating to the SAFECOM Program, 
        excluding elements related to research, development, 
        testing, and evaluation and standards;
            (3) administer the Department's responsibilities 
        and authorities relating to the Integrated Wireless 
        Network program;
            (4) conduct extensive, nationwide outreach to 
        support and promote the ability of emergency response 
        providers and relevant government officials to continue 
        to communicate in the event of natural disasters, acts 
        of terrorism, and other man-made disasters;
            (5) conduct extensive, nationwide outreach and 
        foster the development of interoperable emergency 
        communications capabilities by State, regional, local, 
        and tribal governments and public safety agencies, and 
        by regional consortia thereof;
            (6) provide technical assistance to State, 
        regional, local, and tribal government officials with 
        respect to use of interoperable emergency 
        communications capabilities;
            (7) coordinate with the Regional Administrators 
        regarding the activities of Regional Emergency 
        Communications Coordination Working Groups under 
        section 1805;
            (8) promote the development of standard operating 
        procedures and best practices with respect to use of 
        interoperable emergency communications capabilities for 
        incident response, and facilitate the sharing of 
        information on such best practices for achieving, 
        maintaining, and enhancing interoperable emergency 
        communications capabilities for such response;
            (9) coordinate, in cooperation with the National 
        Communications System, the establishment of a national 
        response capability with initial and ongoing planning, 
        implementation, and training for the deployment of 
        communications equipment for relevant State, local, and 
        tribal governments and emergency response providers in 
        the event of a catastrophic loss of local and regional 
        emergency communications services;
            (10) assist the President, the National Security 
        Council, the Homeland Security Council, and the 
        Director of the Office of Management and Budget in 
        ensuring the continued operation of the 
        telecommunications functions and responsibilities of 
        the Federal Government, excluding spectrum management;
            (11) establish, in coordination with the Director 
        of the Office for Interoperability and Compatibility, 
        requirements for interoperable emergency communications 
        capabilities, which shall be nonproprietary where 
        standards for such capabilities exist, for all public 
        safety radio and data communications systems and 
        equipment purchased using homeland security assistance 
        administered by the Department, excluding any alert and 
        warning device, technology, or system;
            (12) review, in consultation with the Assistant 
        Secretary for Grants and Training, all interoperable 
        emergency communications plans of Federal, State, 
        local, and tribal governments, including Statewide and 
        tactical interoperability plans, developed pursuant to 
        homeland security assistance administered by the 
        Department, but excluding spectrum allocation and 
        management related to such plans;
            (13) develop and update periodically, as 
        appropriate, a National Emergency Communications Plan 
        under section 1802;
            (14) perform such other duties of the Department 
        necessary to support and promote the ability of 
        emergency response providers and relevant government 
        officials to continue to communicate in the event of 
        natural disasters, acts of terrorism, and other man-
        made disasters; and
            (15) perform other duties of the Department 
        necessary to achieve the goal of and maintain and 
        enhance interoperable emergency communications 
        capabilities.
    (d) Performance of Previously Transferred Functions.--The 
Secretary shall transfer to, and administer through, the 
Director for Emergency Communications the following programs 
and responsibilities:
            (1) The SAFECOM Program, excluding elements related 
        to research, development, testing, and evaluation and 
        standards.
            (2) The responsibilities of the Chief Information 
        Officer related to the implementation of the Integrated 
        Wireless Network.
            (3) The Interoperable Communications Technical 
        Assistance Program.
    (e) Coordination.--The Director for Emergency 
Communications shall coordinate--
            (1) as appropriate, with the Director of the Office 
        for Interoperability and Compatibility with respect to 
        the responsibilities described in section 314; and
            (2) with the Administrator of the Federal Emergency 
        Management Agency with respect to the responsibilities 
        described in this title.
    (f) Sufficiency of Resources Plan.--
            (1) Report.--Not later than 120 days after the date 
        of enactment of this section, the Secretary shall 
        submit to Congress a report on the resources and staff 
        necessary to carry out fully the responsibilities under 
        this title.
            (2) Comptroller general review.--The Comptroller 
        General shall review the validity of the report 
        submitted by the Secretary under paragraph (1). Not 
        later than 60 days after the date on which such report 
        is submitted, the Comptroller General shall submit to 
        Congress a report containing the findings of such 
        review.

SEC. 1802. [6 U.S.C. 572] NATIONAL EMERGENCY COMMUNICATIONS PLAN.

    (a) In General.--The Secretary, acting through the Director 
for Emergency Communications, and in cooperation with the 
Department of National Communications System (as appropriate), 
shall, in cooperation with State, local, and tribal 
governments, Federal departments and agencies, emergency 
response providers, and the private sector, develop not later 
than 180 days after the completion of the baseline assessment 
under section 1803, and periodically update, a National 
Emergency Communications Plan to provide recommendations 
regarding how the United States should--
            (1) support and promote the ability of emergency 
        response providers and relevant government officials to 
        continue to communicate in the event of natural 
        disasters, acts of terrorism, and other man-made 
        disasters; and
            (2) ensure, accelerate, and attain interoperable 
        emergency communications nationwide.
    (b) Coordination.--The Emergency Communications 
Preparedness Center under section 1806 shall coordinate the 
development of the Federal aspects of the National Emergency 
Communications Plan.
    (c) Contents.--The National Emergency Communications Plan 
shall--
            (1) include recommendations developed in 
        consultation with the Federal Communications Commission 
        and the National Institute of Standards and Technology 
        for a process for expediting national voluntary 
        consensus standards for emergency communications 
        equipment for the purchase and use by public safety 
        agencies of interoperable emergency communications 
        equipment and technologies;
            (2) identify the appropriate capabilities necessary 
        for emergency response providers and relevant 
        government officials to continue to communicate in the 
        event of natural disasters, acts of terrorism, and 
        other man-made disasters;
            (3) identify the appropriate interoperable 
        emergency communications capabilities necessary for 
        Federal, State, local, and tribal governments in the 
        event of natural disasters, acts of terrorism, and 
        other man-made disasters;
            (4) recommend both short-term and long-term 
        solutions for ensuring that emergency response 
        providers and relevant government officials can 
        continue to communicate in the event of natural 
        disasters, acts of terrorism, and other man-made 
        disasters;
            (5) recommend both short-term and long-term 
        solutions for deploying interoperable emergency 
        communications systems for Federal, State, local, and 
        tribal governments throughout the Nation, including 
        through the provision of existing and emerging 
        technologies;
            (6) identify how Federal departments and agencies 
        that respond to natural disasters, acts of terrorism, 
        and other man-made disasters can work effectively with 
        State, local, and tribal governments, in all States, 
        and with other entities;
            (7) identify obstacles to deploying interoperable 
        emergency communications capabilities nationwide and 
        recommend short-term and long-term measures to overcome 
        those obstacles, including recommendations for 
        multijurisdictional coordination among Federal, State, 
        local, and tribal governments;
            (8) recommend goals and timeframes for the 
        deployment of emergency, command-level communications 
        systems based on new and existing equipment across the 
        United States and develop a timetable for the 
        deployment of interoperable emergency communications 
        systems nationwide;
            (9) recommend appropriate measures that emergency 
        response providers should employ to ensure the 
        continued operation of relevant governmental 
        communications infrastructure in the event of natural 
        disasters, acts of terrorism, or other man-made 
        disasters; and
            (10) set a date, including interim benchmarks, as 
        appropriate, by which State, local, and tribal 
        governments, Federal departments and agencies, and 
        emergency response providers expect to achieve a 
        baseline level of national interoperable 
        communications, as that term is defined under section 
        7303(g)(1) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(g)(1)).

SEC. 1803. [6 U.S.C. 573] ASSESSMENTS AND REPORTS.

    (a) Baseline Assessment.--Not later than 1 year after the 
date of enactment of this section and not less than every 5 
years thereafter, the Secretary, acting through the Director 
for Emergency Communications, shall conduct an assessment of 
Federal, State, local, and tribal governments that--
            (1) defines the range of capabilities needed by 
        emergency response providers and relevant government 
        officials to continue to communicate in the event of 
        natural disasters, acts of terrorism, and other man-
        made disasters;
            (2) defines the range of interoperable emergency 
        communications capabilities needed for specific events;
            (3) assesses the current available capabilities to 
        meet such communications needs;
            (4) identifies the gap between such current 
        capabilities and defined requirements; and
            (5) includes a national interoperable emergency 
        communications inventory to be completed by the 
        Secretary of Homeland Security, the Secretary of 
        Commerce, and the Chairman of the Federal 
        Communications Commission that--
                    (A) identifies for each Federal department 
                and agency--
                            (i) the channels and frequencies 
                        used;
                            (ii) the nomenclature used to refer 
                        to each channel or frequency used; and
                            (iii) the types of communications 
                        systems and equipment used; and
                    (B) identifies the interoperable emergency 
                communications systems in use by public safety 
                agencies in the United States.
    (b) Classified Annex.--The baseline assessment under this 
section may include a classified annex including information 
provided under subsection (a)(5)(A).
    (c) Savings Clause.--In conducting the baseline assessment 
under this section, the Secretary may incorporate findings from 
assessments conducted before, or ongoing on, the date of 
enactment of this title.
    (d) Progress Reports.--Not later than one year after the 
date of enactment of this section and biennially thereafter, 
the Secretary, acting through the Director for Emergency 
Communications, shall submit to Congress a report on the 
progress of the Department in achieving the goals of, and 
carrying out its responsibilities under, this title, 
including--
            (1) a description of the findings of the most 
        recent baseline assessment conducted under subsection 
        (a);
            (2) a determination of the degree to which 
        interoperable emergency communications capabilities 
        have been attained to date and the gaps that remain for 
        interoperability to be achieved;
            (3) an evaluation of the ability to continue to 
        communicate and to provide and maintain interoperable 
        emergency communications by emergency managers, 
        emergency response providers, and relevant government 
        officials in the event of--
                    (A) natural disasters, acts of terrorism, 
                or other man-made disasters, including 
                Incidents of National Significance declared by 
                the Secretary under the National Response Plan; 
                and
                    (B) a catastrophic loss of local and 
                regional communications services;
            (4) a list of best practices relating to the 
        ability to continue to communicate and to provide and 
        maintain interoperable emergency communications in the 
        event of natural disasters, acts of terrorism, or other 
        man-made disasters; and
                    (A) an evaluation of the feasibility and 
                desirability of the Department developing, on 
                its own or in conjunction with the Department 
                of Defense, a mobile communications capability, 
                modeled on the Army Signal Corps, that could be 
                deployed to support emergency communications at 
                the site of natural disasters, acts of 
                terrorism, or other man-made disasters.

SEC. 1804. [6 U.S.C. 574] COORDINATION OF DEPARTMENT EMERGENCY 
                    COMMUNICATIONS GRANT PROGRAMS.

    (a) Coordination of Grants and Standards Programs.--The 
Secretary, acting through the Director for Emergency 
Communications, shall ensure that grant guidelines for the use 
of homeland security assistance administered by the Department 
relating to interoperable emergency communications are 
coordinated and consistent with the goals and recommendations 
in the National Emergency Communications Plan under section 
1802.
    (b) Denial of Eligibility for Grants.--
            (1) In general.--The Secretary, acting through the 
        Assistant Secretary for Grants and Planning, and in 
        consultation with the Director for Emergency 
        Communications, may prohibit any State, local, or 
        tribal government from using homeland security 
        assistance administered by the Department to achieve, 
        maintain, or enhance emergency communications 
        capabilities, if--
                    (A) such government has not complied with 
                the requirement to submit a Statewide 
                Interoperable Communications Plan as required 
                by section 7303(f) of the Intelligence Reform 
                and Terrorism Prevention Act of 2004 (6 U.S.C. 
                194(f));
                    (B) such government has proposed to upgrade 
                or purchase new equipment or systems that do 
                not meet or exceed any applicable national 
                voluntary consensus standards and has not 
                provided a reasonable explanation of why such 
                equipment or systems will serve the needs of 
                the applicant better than equipment or systems 
                that meet or exceed such standards; and
                    (C) as of the date that is 3 years after 
                the date of the completion of the initial 
                National Emergency Communications Plan under 
                section 1802, national voluntary consensus 
                standards for interoperable emergency 
                communications capabilities have not been 
                developed and promulgated.
            (2) Standards.--The Secretary, in coordination with 
        the Federal Communications Commission, the National 
        Institute of Standards and Technology, and other 
        Federal departments and agencies with responsibility 
        for standards, shall support the development, 
        promulgation, and updating as necessary of national 
        voluntary consensus standards for interoperable 
        emergency communications.

SEC. 1805. [6 U.S.C. 575] REGIONAL EMERGENCY COMMUNICATIONS 
                    COORDINATION.

    (a) In General.--There is established in each Regional 
Office a Regional Emergency Communications Coordination Working 
Group (in this section referred to as an ``RECC Working 
Group''). Each RECC Working Group shall report to the relevant 
Regional Administrator and coordinate its activities with the 
relevant Regional Advisory Council.
    (b) Membership.--Each RECC Working Group shall consist of 
the following:
            (1) Non-federal.--Organizations representing the 
        interests of the following:
                    (A) State officials.
                    (B) Local government officials, including 
                sheriffs.
                    (C) State police departments.
                    (D) Local police departments.
                    (E) Local fire departments.
                    (F) Public safety answering points (9-1-1 
                services).
                    (G) State emergency managers, homeland 
                security directors, or representatives of State 
                Administrative Agencies.
                    (H) Local emergency managers or homeland 
                security directors.
                    (I) Other emergency response providers as 
                appropriate.
            (2) Federal.--Representatives from the Department, 
        the Federal Communications Commission, and other 
        Federal departments and agencies with responsibility 
        for coordinating interoperable emergency communications 
        with or providing emergency support services to State, 
        local, and tribal governments.
    (c) Coordination.--Each RECC Working Group shall coordinate 
its activities with the following:
            (1) Communications equipment manufacturers and 
        vendors (including broadband data service providers).
            (2) Local exchange carriers.
            (3) Local broadcast media.
            (4) Wireless carriers.
            (5) Satellite communications services.
            (6) Cable operators.
            (7) Hospitals.
            (8) Public utility services.
            (9) Emergency evacuation transit services.
            (10) Ambulance services.
            (11) HAM and amateur radio operators.
            (12) Representatives from other private sector 
        entities and nongovernmental organizations as the 
        Regional Administrator determines appropriate.
    (d) Duties.--The duties of each RECC Working Group shall 
include--
            (1) assessing the survivability, sustainability, 
        and interoperability of local emergency communications 
        systems to meet the goals of the National Emergency 
        Communications Plan;
            (2) reporting annually to the relevant Regional 
        Administrator, the Director for Emergency 
        Communications, the Chairman of the Federal 
        Communications Commission, and the Assistant Secretary 
        for Communications and Information of the Department of 
        Commerce on the status of its region in building robust 
        and sustainable interoperable voice and data emergency 
        communications networks and, not later than 60 days 
        after the completion of the initial National Emergency 
        Communications Plan under section 1802, on the progress 
        of the region in meeting the goals of such plan;
            (3) ensuring a process for the coordination of 
        effective multijurisdictional, multi-agency emergency 
        communications networks for use during natural 
        disasters, acts of terrorism, and other man-made 
        disasters through the expanded use of emergency 
        management and public safety communications mutual aid 
        agreements; and
            (4) coordinating the establishment of Federal, 
        State, local, and tribal support services and networks 
        designed to address the immediate and critical human 
        needs in responding to natural disasters, acts of 
        terrorism, and other man-made disasters.

SEC. 1806. [6 U.S.C. 576] EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.

    (a) Establishment.--There is established the Emergency 
Communications Preparedness Center (in this section referred to 
as the ``Center'').
    (b) Operation.--The Secretary, the Chairman of the Federal 
Communications Commission, the Secretary of Defense, the 
Secretary of Commerce, the Attorney General of the United 
States, and the heads of other Federal departments and agencies 
or their designees shall jointly operate the Center in 
accordance with the Memorandum of Understanding entitled, 
``Emergency Communications Preparedness Center (ECPC) 
Charter''.
    (c) Functions.--The Center shall--
            (1) serve as the focal point for interagency 
        efforts and as a clearinghouse with respect to all 
        relevant intergovernmental information to support and 
        promote (including specifically by working to avoid 
        duplication, hindrances, and counteractive efforts 
        among the participating Federal departments and 
        agencies)--
                    (A) the ability of emergency response 
                providers and relevant government officials to 
                continue to communicate in the event of natural 
                disasters, acts of terrorism, and other man-
                made disasters; and
                    (B) interoperable emergency communications;
            (2) prepare and submit to Congress, on an annual 
        basis, a strategic assessment regarding the 
        coordination efforts of Federal departments and 
        agencies to advance--
                    (A) the ability of emergency response 
                providers and relevant government officials to 
                continue to communicate in the event of natural 
                disasters, acts of terrorism, and other man-
                made disasters; and
                    (B) interoperable emergency communications;
            (3) consider, in preparing the strategic assessment 
        under paragraph (2), the goals stated in the National 
        Emergency Communications Plan under section 1802; and
            (4) perform such other functions as are provided in 
        the Emergency Communications Preparedness Center (ECPC) 
        Charter described in subsection (b)(1).

SEC. 1807. [6 U.S.C. 577] URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS 
                    CAPABILITIES.

    (a) In General.--The Secretary, in consultation with the 
Chairman of the Federal Communications Commission and the 
Secretary of Defense, and with appropriate State, local, and 
tribal government officials, shall provide technical guidance, 
training, and other assistance, as appropriate, to support the 
rapid establishment of consistent, secure, and effective 
interoperable emergency communications capabilities in the 
event of an emergency in urban and other areas determined by 
the Secretary to be at consistently high levels of risk from 
natural disasters, acts of terrorism, and other man-made 
disasters.
    (b) Minimum Capabilities.--The interoperable emergency 
communications capabilities established under subsection (a) 
shall ensure the ability of all levels of government, emergency 
response providers, the private sector, and other organizations 
with emergency response capabilities--
            (1) to communicate with each other in the event of 
        an emergency;
            (2) to have appropriate and timely access to the 
        Information Sharing Environment described in section 
        1016 of the National Security Intelligence Reform Act 
        of 2004 (6 U.S.C. 321); and
            (3) to be consistent with any applicable State or 
        Urban Area homeland strategy or plan.

SEC. 1808. [6 U.S.C. 578] DEFINITION.

    In this title, the term ``interoperable'' has the meaning 
given the term ``interoperable communications'' under section 
7303(g)(1) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (6 U.S.C. 194(g)(1)).

SEC. 1809. [6 U.S.C. 579] INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT 
                    PROGRAM.

    (a) Establishment.--The Secretary shall establish the 
Interoperable Emergency Communications Grant Program to make 
grants to States to carry out initiatives to improve local, 
tribal, statewide, regional, national and, where appropriate, 
international interoperable emergency communications, including 
communications in collective response to natural disasters, 
acts of terrorism, and other man-made disasters.
    (b) Policy.--The Director for Emergency Communications 
shall ensure that a grant awarded to a State under this section 
is consistent with the policies established pursuant to the 
responsibilities and authorities of the Office of Emergency 
Communications under this title, including ensuring that 
activities funded by the grant--
            (1) comply with the statewide plan for that State 
        required by section 7303(f) of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); 
        and
            (2) comply with the National Emergency 
        Communications Plan under section 1802, when completed.
    (c) Administration.--
            (1) In general.--The Administrator of the Federal 
        Emergency Management Agency shall administer the 
        Interoperable Emergency Communications Grant Program 
        pursuant to the responsibilities and authorities of the 
        Administrator under title V of the Act.
            (2) Guidance.--In administering the grant program, 
        the Administrator shall ensure that the use of grants 
        is consistent with guidance established by the Director 
        of Emergency Communications pursuant to section 
        7303(a)(1)(H) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(a)(1)(H)).
    (d) Use of Funds.--A State that receives a grant under this 
section shall use the grant to implement that State's Statewide 
Interoperability Plan required under section 7303(f) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 194(f)) and approved under subsection (e), and to assist 
with activities determined by the Secretary to be integral to 
interoperable emergency communications.
    (e) Approval of Plans.--
            (1) Approval as condition of grant.--Before a State 
        may receive a grant under this section, the Director of 
        Emergency Communications shall approve the State's 
        Statewide Interoperable Communications Plan required 
        under section 7303(f) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).
            (2) Plan requirements.--In approving a plan under 
        this subsection, the Director of Emergency 
        Communications shall ensure that the plan--
                    (A) is designed to improve interoperability 
                at the city, county, regional, State and 
                interstate level;
                    (B) considers any applicable local or 
                regional plan; and
                    (C) complies, to the maximum extent 
                practicable, with the National Emergency 
                Communications Plan under section 1802.
            (3) Approval of revisions.--The Director of 
        Emergency Communications may approve revisions to a 
        State's plan if the Director determines that doing so 
        is likely to further interoperability.
    (f) Limitations on Uses of Funds.--
            (1) In general.--The recipient of a grant under 
        this section may not use the grant--
                    (A) to supplant State or local funds;
                    (B) for any State or local government cost-
                sharing contribution; or
                    (C) for recreational or social purposes.
            (2) Penalties.--In addition to other remedies 
        currently available, the Secretary may take such 
        actions as necessary to ensure that recipients of grant 
        funds are using the funds for the purpose for which 
        they were intended.
    (g) Limitations on Award of Grants.--
            (1) National emergency communications plan 
        required.--The Secretary may not award a grant under 
        this section before the date on which the Secretary 
        completes and submits to Congress the National 
        Emergency Communications Plan required under section 
        1802.
            (2) Voluntary consensus standards.--The Secretary 
        may not award a grant to a State under this section for 
        the purchase of equipment that does not meet applicable 
        voluntary consensus standards, unless the State 
        demonstrates that there are compelling reasons for such 
        purchase.
    (h) Award of Grants.--In approving applications and 
awarding grants under this section, the Secretary shall 
consider--
            (1) the risk posed to each State by natural 
        disasters, acts of terrorism, or other manmade 
        disasters, including--
                    (A) the likely need of a jurisdiction 
                within the State to respond to such risk in 
                nearby jurisdictions;
                    (B) the degree of threat, vulnerability, 
                and consequences related to critical 
                infrastructure (from all critical 
                infrastructure sectors) or key resources 
                identified by the Administrator or the State 
                homeland security and emergency management 
                plans, including threats to, vulnerabilities 
                of, and consequences from damage to critical 
                infrastructure and key resources in nearby 
                jurisdictions;
                    (C) the size of the population and density 
                of the population of the State, including 
                appropriate consideration of military, tourist, 
                and commuter populations;
                    (D) whether the State is on or near an 
                international border;
                    (E) whether the State encompasses an 
                economically significant border crossing; and
                    (F) whether the State has a coastline 
                bordering an ocean, a major waterway used for 
                interstate commerce, or international waters; 
                and
            (2) the anticipated effectiveness of the State's 
        proposed use of grant funds to improve 
        interoperability.
    (i) Opportunity to Amend Applications.--In considering 
applications for grants under this section, the Administrator 
shall provide applicants with a reasonable opportunity to 
correct defects in the application, if any, before making final 
awards.
    (j) Minimum Grant Amounts.--
            (1) States.--In awarding grants under this section, 
        the Secretary shall ensure that for each fiscal year, 
        except as provided in paragraph (2), no State receives 
        a grant in an amount that is less than the following 
        percentage of the total amount appropriated for grants 
        under this section for that fiscal year:
                    (A) For fiscal year 2008, 0.50 percent.
                    (B) For fiscal year 2009, 0.50 percent.
                    (C) For fiscal year 2010, 0.45 percent.
                    (D) For fiscal year 2011, 0.40 percent.
                    (E) For fiscal year 2012 and each 
                subsequent fiscal year, 0.35 percent.
            (2) Territories and possessions.--In awarding 
        grants under this section, the Secretary shall ensure 
        that for each fiscal year, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, Guam, and 
        the Virgin Islands each receive grants in amounts that 
        are not less than 0.08 percent of the total amount 
        appropriated for grants under this section for that 
        fiscal year.
    (k) Certification.--Each State that receives a grant under 
this section shall certify that the grant is used for the 
purpose for which the funds were intended and in compliance 
with the State's approved Statewide Interoperable 
Communications Plan.
    (l) State Responsibilities.--
            (1) Availability of funds to local and tribal 
        governments.--Not later than 45 days after receiving 
        grant funds, any State that receives a grant under this 
        section shall obligate or otherwise make available to 
        local and tribal governments--
                    (A) not less than 80 percent of the grant 
                funds;
                    (B) with the consent of local and tribal 
                governments, eligible expenditures having a 
                value of not less than 80 percent of the amount 
                of the grant; or
                    (C) grant funds combined with other 
                eligible expenditures having a total value of 
                not less than 80 percent of the amount of the 
                grant.
            (2) Allocation of funds.--A State that receives a 
        grant under this section shall allocate grant funds to 
        tribal governments in the State to assist tribal 
        communities in improving interoperable communications, 
        in a manner consistent with the Statewide Interoperable 
        Communications Plan. A State may not impose 
        unreasonable or unduly burdensome requirements on a 
        tribal government as a condition of providing grant 
        funds or resources to the tribal government.
            (3) Penalties.--If a State violates the 
        requirements of this subsection, in addition to other 
        remedies available to the Secretary, the Secretary may 
        terminate or reduce the amount of the grant awarded to 
        that State or transfer grant funds previously awarded 
        to the State directly to the appropriate local or 
        tribal government.
    (m) Reports.--
            (1) Annual reports by state grant recipients.--A 
        State that receives a grant under this section shall 
        annually submit to the Director of Emergency 
        Communications a report on the progress of the State in 
        implementing that State's Statewide Interoperable 
        Communications Plans required under section 7303(f) of 
        the Intelligence Reform and Terrorism Prevention Act of 
        2004 (6 U.S.C. 194(f)) and achieving interoperability 
        at the city, county, regional, State, and interstate 
        levels. The Director shall make the reports publicly 
        available, including by making them available on the 
        Internet website of the Office of Emergency 
        Communications, subject to any redactions that the 
        Director determines are necessary to protect classified 
        or other sensitive information.
            (2) Annual reports to congress.--At least once each 
        year, the Director of Emergency Communications shall 
        submit to Congress a report on the use of grants 
        awarded under this section and any progress in 
        implementing Statewide Interoperable Communications 
        Plans and improving interoperability at the city, 
        county, regional, State, and interstate level, as a 
        result of the award of such grants.
    (n) Rule of Construction.--Nothing in this section shall be 
construed or interpreted to preclude a State from using a grant 
awarded under this section for interim or long-term Internet 
Protocol-based interoperable solutions.
    (o) Authorization of Appropriations.--There are authorized 
to be appropriated for grants under this section--
            (1) for fiscal year 2008, such sums as may be 
        necessary;
            (2) for each of fiscal years 2009 through 2012, 
        $400,000,000; and
            (3) for each subsequent fiscal year, such sums as 
        may be necessary.

SEC. 1810. [6 U.S.C. 580] BORDER INTEROPERABILITY DEMONSTRATION 
                    PROJECT.

    (a) In General.--
            (1) Establishment.--The Secretary, acting through 
        the Director of the Office of Emergency Communications 
        (referred to in this section as the ``Director''), and 
        in coordination with the Federal Communications 
        Commission and the Secretary of Commerce, shall 
        establish an International Border Community 
        Interoperable Communications Demonstration Project 
        (referred to in this section as the ``demonstration 
        project'').
            (2) Minimum number of communities.--The Director 
        shall select no fewer than 6 communities to participate 
        in a demonstration project.
            (3) Location of communities.--No fewer than 3 of 
        the communities selected under paragraph (2) shall be 
        located on the northern border of the United States and 
        no fewer than 3 of the communities selected under 
        paragraph (2) shall be located on the southern border 
        of the United States.
    (b) Conditions.--The Director, in coordination with the 
Federal Communications Commission and the Secretary of 
Commerce, shall ensure that the project is carried out as soon 
as adequate spectrum is available as a result of the 800 
megahertz rebanding process in border areas, and shall ensure 
that the border projects do not impair or impede the rebanding 
process, but under no circumstances shall funds be distributed 
under this section unless the Federal Communications Commission 
and the Secretary of Commerce agree that these conditions have 
been met.
    (c) Program Requirements.--Consistent with the 
responsibilities of the Office of Emergency Communications 
under section 1801, the Director shall foster local, tribal, 
State, and Federal interoperable emergency communications, as 
well as interoperable emergency communications with appropriate 
Canadian and Mexican authorities in the communities selected 
for the demonstration project. The Director shall--
            (1) identify solutions to facilitate interoperable 
        communications across national borders expeditiously;
            (2) help ensure that emergency response providers 
        can communicate with each other in the event of natural 
        disasters, acts of terrorism, and other man-made 
        disasters;
            (3) provide technical assistance to enable 
        emergency response providers to deal with threats and 
        contingencies in a variety of environments;
            (4) identify appropriate joint-use equipment to 
        ensure communications access;
            (5) identify solutions to facilitate communications 
        between emergency response providers in communities of 
        differing population densities; and
            (6) take other actions or provide equipment as the 
        Director deems appropriate to foster interoperable 
        emergency communications.
    (d) Distribution of Funds.--
            (1) In general.--The Secretary shall distribute 
        funds under this section to each community 
        participating in the demonstration project through the 
        State, or States, in which each community is located.
            (2) Other participants.--A State shall make the 
        funds available promptly to the local and tribal 
        governments and emergency response providers selected 
        by the Secretary to participate in the demonstration 
        project.
            (3) Report.--Not later than 90 days after a State 
        receives funds under this subsection the State shall 
        report to the Director on the status of the 
        distribution of such funds to local and tribal 
        governments.
    (e) Maximum Period of Grants.--The Director may not fund 
any participant under the demonstration project for more than 3 
years.
    (f) Transfer of Information and Knowledge.--The Director 
shall establish mechanisms to ensure that the information and 
knowledge gained by participants in the demonstration project 
are transferred among the participants and to other interested 
parties, including other communities that submitted 
applications to the participant in the project.
    (g) Authorization of Appropriations.--There is authorized 
to be appropriated for grants under this section such sums as 
may be necessary.

              TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

SEC. 1901. [6 U.S.C. 591] DOMESTIC NUCLEAR DETECTION OFFICE.

    (a) Establishment.--There shall be established in the 
Department a Domestic Nuclear Detection Office (referred to in 
this title as the ``Office''). The Secretary may request that 
the Secretary of Defense, the Secretary of Energy, the 
Secretary of State, the Attorney General, the Nuclear 
Regulatory Commission, and the directors of other Federal 
agencies, including elements of the Intelligence Community, 
provide for the reimbursable detail of personnel with relevant 
expertise to the Office.
    (b) Director.--The Office shall be headed by a Director for 
Domestic Nuclear Detection, who shall be appointed by the 
President.

SEC. 1902. [6 U.S.C. 592] MISSION OF OFFICE.

    (a) Mission.--The Office shall be responsible for 
coordinating Federal efforts to detect and protect against the 
unauthorized importation, possession, storage, transportation, 
development, or use of a nuclear explosive device, fissile 
material, or radiological material in the United States, and to 
protect against attack using such devices or materials against 
the people, territory, or interests of the United States and, 
to this end, shall--
            (1) serve as the primary entity of the United 
        States Government to further develop, acquire, and 
        support the deployment of an enhanced domestic system 
        to detect and report on attempts to import, possess, 
        store, transport, develop, or use an unauthorized 
        nuclear explosive device, fissile material, or 
        radiological material in the United States, and improve 
        that system over time;
            (2) enhance and coordinate the nuclear detection 
        efforts of Federal, State, local, and tribal 
        governments and the private sector to ensure a managed, 
        coordinated response;
            (3) establish, with the approval of the Secretary 
        and in coordination with the Attorney General, the 
        Secretary of Defense, and the Secretary of Energy, 
        additional protocols and procedures for use within the 
        United States to ensure that the detection of 
        unauthorized nuclear explosive devices, fissile 
        material, or radiological material is promptly reported 
        to the Attorney General, the Secretary, the Secretary 
        of Defense, the Secretary of Energy, and other 
        appropriate officials or their respective designees for 
        appropriate action by law enforcement, military, 
        emergency response, or other authorities;
            (4) develop, with the approval of the Secretary and 
        in coordination with the Attorney General, the 
        Secretary of State, the Secretary of Defense, and the 
        Secretary of Energy, an enhanced global nuclear 
        detection architecture with implementation under 
        which--
                    (A) the Office will be responsible for the 
                implementation of the domestic portion of the 
                global architecture;
                    (B) the Secretary of Defense will retain 
                responsibility for implementation of Department 
                of Defense requirements within and outside the 
                United States; and
                    (C) the Secretary of State, the Secretary 
                of Defense, and the Secretary of Energy will 
                maintain their respective responsibilities for 
                policy guidance and implementation of the 
                portion of the global architecture outside the 
                United States, which will be implemented 
                consistent with applicable law and relevant 
                international arrangements;
            (5) ensure that the expertise necessary to 
        accurately interpret detection data is made available 
        in a timely manner for all technology deployed by the 
        Office to implement the global nuclear detection 
        architecture;
            (6) conduct, support, coordinate, and encourage an 
        aggressive, expedited, evolutionary, and 
        transformational program of research and development to 
        generate and improve technologies to detect and prevent 
        the illicit entry, transport, assembly, or potential 
        use within the United States of a nuclear explosive 
        device or fissile or radiological material, and 
        coordinate with the Under Secretary for Science and 
        Technology on basic and advanced or transformational 
        research and development efforts relevant to the 
        mission of both organizations;
            (7) carry out a program to test and evaluate 
        technology for detecting a nuclear explosive device and 
        fissile or radiological material, in coordination with 
        the Secretary of Defense and the Secretary of Energy, 
        as appropriate, and establish performance metrics for 
        evaluating the effectiveness of individual detectors 
        and detection systems in detecting such devices or 
        material--
                    (A) under realistic operational and 
                environmental conditions; and
                    (B) against realistic adversary tactics and 
                countermeasures;
            (8) support and enhance the effective sharing and 
        use of appropriate information generated by the 
        intelligence community, law enforcement agencies, 
        counterterrorism community, other government agencies, 
        and foreign governments, as well as provide appropriate 
        information to such entities;
            (9) further enhance and maintain continuous 
        awareness by analyzing information from all Office 
        mission-related detection systems; and
            (10) perform other duties as assigned by the 
        Secretary.

SEC. 1903. [6 U.S.C. 593] HIRING AUTHORITY.

    In hiring personnel for the Office, the Secretary shall 
have the hiring and management authorities provided in section 
1101 of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999 (5 U.S.C. 3104 note). The term of 
appointments for employees under subsection (c)(1) of such 
section may not exceed 5 years before granting any extension 
under subsection (c)(2) of such section.

SEC. 1904. [6 U.S.C. 594] TESTING AUTHORITY.

    (a) In General.--The Director shall coordinate with the 
responsible Federal agency or other entity to facilitate the 
use by the Office, by its contractors, or by other persons or 
entities, of existing Government laboratories, centers, ranges, 
or other testing facilities for the testing of materials, 
equipment, models, computer software, and other items as may be 
related to the missions identified in section 1902. Any such 
use of Government facilities shall be carried out in accordance 
with all applicable laws, regulations, and contractual 
provisions, including those governing security, safety, and 
environmental protection, including, when applicable, the 
provisions of section 309. The Office may direct that private 
sector entities utilizing Government facilities in accordance 
with this section pay an appropriate fee to the agency that 
owns or operates those facilities to defray additional costs to 
the Government resulting from such use.
    (b) Confidentiality of Test Results.--The results of tests 
performed with services made available shall be confidential 
and shall not be disclosed outside the Federal Government 
without the consent of the persons for whom the tests are 
performed.
    (c) Fees.--Fees for services made available under this 
section shall not exceed the amount necessary to recoup the 
direct and indirect costs involved, such as direct costs of 
utilities, contractor support, and salaries of personnel that 
are incurred by the United States to provide for the testing.
    (d) Use of Fees.--Fees received for services made available 
under this section may be credited to the appropriation from 
which funds were expended to provide such services.

SEC. 1905. [6 U.S.C. 595] RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND 
                    FEDERAL AGENCIES.

    The authority of the Director under this title shall not 
affect the authorities or responsibilities of any officer of 
the Department or of any officer of any other department or 
agency of the United States with respect to the command, 
control, or direction of the functions, personnel, funds, 
assets, and liabilities of any entity within the Department or 
any Federal department or agency.

SEC. 1906. [6 U.S.C. 596] CONTRACTING AND GRANT MAKING AUTHORITIES.

    The Secretary, acting through the Director for Domestic 
Nuclear Detection, in carrying out the responsibilities under 
paragraphs (6) and (7) of section 1902(a), shall--
            (1) operate extramural and intramural programs and 
        distribute funds through grants, cooperative 
        agreements, and other transactions and contracts;
            (2) ensure that activities under paragraphs (6) and 
        (7) of section 1902(a) include investigations of 
        radiation detection equipment in configurations 
        suitable for deployment at seaports, which may include 
        underwater or water surface detection equipment and 
        detection equipment that can be mounted on cranes and 
        straddle cars used to move shipping containers; and
            (3) have the authority to establish or contract 
        with 1 or more federally funded research and 
        development centers to provide independent analysis of 
        homeland security issues and carry out other 
        responsibilities under this title.

SEC. 1907. [6 U.S.C. 596A] JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL 
                    NUCLEAR DETECTION ARCHITECTURE.

    (a) Annual Review.--
            (1) In general.--The Secretary, the Attorney 
        General, the Secretary of State, the Secretary of 
        Defense, the Secretary of Energy, and the Director of 
        National Intelligence shall jointly ensure interagency 
        coordination on the development and implementation of 
        the global nuclear detection architecture by ensuring 
        that, not less frequently than once each year--
                    (A) each relevant agency, office, or 
                entity--
                            (i) assesses its involvement, 
                        support, and participation in the 
                        development, revision, and 
                        implementation of the global nuclear 
                        detection architecture; and
                            (ii) examines and evaluates 
                        components of the global nuclear 
                        detection architecture (including 
                        associated strategies and acquisition 
                        plans) relating to the operations of 
                        that agency, office, or entity, to 
                        determine whether such components 
                        incorporate and address current threat 
                        assessments, scenarios, or intelligence 
                        analyses developed by the Director of 
                        National Intelligence or other agencies 
                        regarding threats relating to nuclear 
                        or radiological weapons of mass 
                        destruction; and
                    (B) each agency, office, or entity 
                deploying or operating any nuclear or 
                radiological detection technology under the 
                global nuclear detection architecture--
                            (i) evaluates the deployment and 
                        operation of nuclear or radiological 
                        detection technologies under the global 
                        nuclear detection architecture by that 
                        agency, office, or entity;
                            (ii) identifies performance 
                        deficiencies and operational or 
                        technical deficiencies in nuclear or 
                        radiological detection technologies 
                        deployed under the global nuclear 
                        detection architecture; and
                            (iii) assesses the capacity of that 
                        agency, office, or entity to implement 
                        the responsibilities of that agency, 
                        office, or entity under the global 
                        nuclear detection architecture.
            (2) Technology.--Not less frequently than once each 
        year, the Secretary shall examine and evaluate the 
        development, assessment, and acquisition of radiation 
        detection technologies deployed or implemented in 
        support of the domestic portion of the global nuclear 
        detection architecture.
    (b) Annual Report on Joint Interagency Review.--
            (1) In general.--Not later than March 31 of each 
        year, the Secretary, the Attorney General, the 
        Secretary of State, the Secretary of Defense, the 
        Secretary of Energy, and the Director of National 
        Intelligence, shall jointly submit a report regarding 
        the implementation of this section and the results of 
        the reviews required under subsection (a) to--
                    (A) the President;
                    (B) the Committee on Appropriations, the 
                Committee on Armed Services, the Select 
                Committee on Intelligence, and the Committee on 
                Homeland Security and Governmental Affairs of 
                the Senate; and
                    (C) the Committee on Appropriations, the 
                Committee on Armed Services, the Permanent 
                Select Committee on Intelligence, the Committee 
                on Homeland Security, and the Committee on 
                Science and Technology of the House of 
                Representatives.
            (2) Form.--The annual report submitted under 
        paragraph (1) shall be submitted in unclassified form 
        to the maximum extent practicable, but may include a 
        classified annex.
    (c) Definition.--In this section, the term ``global nuclear 
detection architecture'' means the global nuclear detection 
architecture developed under section 1902.

                   TITLE XX--HOMELAND SECURITY GRANTS

SEC. 2001. [6 U.S.C. 601] DEFINITIONS.

    In this title, the following definitions shall apply:
            (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Federal Emergency 
        Management Agency.
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) those committees of the House of 
                Representatives that the Speaker of the House 
                of Representatives determines appropriate.
            (3) Critical infrastructure sectors.--The term 
        ``critical infrastructure sectors'' means the following 
        sectors, in both urban and rural areas:
                    (A) Agriculture and food.
                    (B) Banking and finance.
                    (C) Chemical industries.
                    (D) Commercial facilities.
                    (E) Commercial nuclear reactors, materials, 
                and waste.
                    (F) Dams.
                    (G) The defense industrial base.
                    (H) Emergency services.
                    (I) Energy.
                    (J) Government facilities.
                    (K) Information technology.
                    (L) National monuments and icons.
                    (M) Postal and shipping.
                    (N) Public health and health care.
                    (O) Telecommunications.
                    (P) Transportation systems.
                    (Q) Water.
            (4) Directly eligible tribe.--The term ``directly 
        eligible tribe'' means--
                    (A) any Indian tribe--
                            (i) that is located in the 
                        continental United States;
                            (ii) that operates a law 
                        enforcement or emergency response 
                        agency with the capacity to respond to 
                        calls for law enforcement or emergency 
                        services;
                            (iii)(I) that is located on or near 
                        an international border or a coastline 
                        bordering an ocean (including the Gulf 
                        of Mexico) or international waters;
                            (II) that is located within 10 
                        miles of a system or asset included on 
                        the prioritized critical infrastructure 
                        list established under section 
                        210E(a)(2) or has such a system or 
                        asset within its territory;
                            (III) that is located within or 
                        contiguous to 1 of the 50 most populous 
                        metropolitan statistical areas in the 
                        United States; or
                            (IV) the jurisdiction of which 
                        includes not less than 1,000 square 
                        miles of Indian country, as that term 
                        is defined in section 1151 of title 18, 
                        United States Code; and
                            (iv) that certifies to the 
                        Secretary that a State has not provided 
                        funds under section 2003 or 2004 to the 
                        Indian tribe or consortium of Indian 
                        tribes for the purpose for which direct 
                        funding is sought; and
                    (B) a consortium of Indian tribes, if each 
                tribe satisfies the requirements of 
                subparagraph (A).
            (5) Eligible metropolitan area.--The term 
        ``eligible metropolitan area'' means any of the 100 
        most populous metropolitan statistical areas in the 
        United States.
            (6) High-risk urban area.--The term ``high-risk 
        urban area'' means a high-risk urban area designated 
        under section 2003(b)(3)(A).
            (7) Indian tribe.--The term ``Indian tribe'' has 
        the meaning given that term in section 4(e) of the 
        Indian Self-Determination Act (25 U.S.C. 450b(e)).
            (8) Metropolitan statistical area.--The term 
        ``metropolitan statistical area'' means a metropolitan 
        statistical area, as defined by the Office of 
        Management and Budget.
            (9) National special security event.--The term 
        ``National Special Security Event'' means a designated 
        event that, by virtue of its political, economic, 
        social, or religious significance, may be the target of 
        terrorism or other criminal activity.
            (10) Population.--The term ``population'' means 
        population according to the most recent United States 
        census population estimates available at the start of 
        the relevant fiscal year.
            (11) Population density.--The term ``population 
        density'' means population divided by land area in 
        square miles.
            (12) Qualified intelligence analyst.--The term 
        ``qualified intelligence analyst'' means an 
        intelligence analyst (as that term is defined in 
        section 210A(j)), including law enforcement personnel--
                    (A) who has successfully completed training 
                to ensure baseline proficiency in intelligence 
                analysis and production, as determined by the 
                Secretary, which may include training using a 
                curriculum developed under section 209; or
                    (B) whose experience ensures baseline 
                proficiency in intelligence analysis and 
                production equivalent to the training required 
                under subparagraph (A), as determined by the 
                Secretary.
            (13) Target capabilities.--The term ``target 
        capabilities'' means the target capabilities for 
        Federal, State, local, and tribal government 
        preparedness for which guidelines are required to be 
        established under section 646(a) of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 
        746(a)).
            (14) Tribal government.--The term ``tribal 
        government'' means the government of an Indian tribe.

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

SEC. 2002. [6 U.S.C. 603] HOMELAND SECURITY GRANT PROGRAMS.

    (a) Grants Authorized.--The Secretary, through the 
Administrator, may award grants under sections 2003 and 2004 to 
State, local, and tribal governments.
    (b) Programs Not Affected.--This subtitle shall not be 
construed to affect any of the following Federal programs:
            (1) Firefighter and other assistance programs 
        authorized under the Federal Fire Prevention and 
        Control Act of 1974 (15 U.S.C. 2201 et seq.).
            (2) Grants authorized under the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5121 et seq.).
            (3) Emergency Management Performance Grants under 
        the amendments made by title II of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007.
            (4) Grants to protect critical infrastructure, 
        including port security grants authorized under section 
        70107 of title 46, United States Code, and the grants 
        authorized under title XIV and XV of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 and 
        the amendments made by such titles.
            (5) The Metropolitan Medical Response System 
        authorized under section 635 of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 723).
            (6) The Interoperable Emergency Communications 
        Grant Program authorized under title XVIII.
            (7) Grant programs other than those administered by 
        the Department.
    (c) Relationship to Other Laws.--
            (1) In general.--The grant programs authorized 
        under sections 2003 and 2004 shall supercede all grant 
        programs authorized under section 1014 of the USA 
        PATRIOT Act (42 U.S.C. 3714).
            (2) Allocation.--The allocation of grants 
        authorized under section 2003 or 2004 shall be governed 
        by the terms of this subtitle and not by any other 
        provision of law.

SEC. 2003. [6 U.S.C. 604] URBAN AREA SECURITY INITIATIVE.

    (a) Establishment.--There is established an Urban Area 
Security Initiative to provide grants to assist high-risk urban 
areas in preventing, preparing for, protecting against, and 
responding to acts of terrorism.
    (b) Assessment and Designation of High-Risk Urban Areas.--
            (1) In general.--The Administrator shall designate 
        high-risk urban areas to receive grants under this 
        section based on procedures under this subsection.
            (2) Initial assessment.--
                    (A) In general.--For each fiscal year, the 
                Administrator shall conduct an initial 
                assessment of the relative threat, 
                vulnerability, and consequences from acts of 
                terrorism faced by each eligible metropolitan 
                area, including consideration of--
                            (i) the factors set forth in 
                        subparagraphs (A) through (H) and (K) 
                        of section 2007(a)(1); and
                            (ii) information and materials 
                        submitted under subparagraph (B).
                    (B) Submission of information by eligible 
                metropolitan areas.--Prior to conducting each 
                initial assessment under subparagraph (A), the 
                Administrator shall provide each eligible 
                metropolitan area with, and shall notify each 
                eligible metropolitan area of, the opportunity 
                to--
                            (i) submit information that the 
                        eligible metropolitan area believes to 
                        be relevant to the determination of the 
                        threat, vulnerability, and consequences 
                        it faces from acts of terrorism; and
                            (ii) review the risk assessment 
                        conducted by the Department of that 
                        eligible metropolitan area, including 
                        the bases for the assessment by the 
                        Department of the threat, 
                        vulnerability, and consequences from 
                        acts of terrorism faced by that 
                        eligible metropolitan area, and remedy 
                        erroneous or incomplete information.
            (3) Designation of high-risk urban areas.--
                    (A) Designation.--
                            (i) In general.--For each fiscal 
                        year, after conducting the initial 
                        assessment under paragraph (2), and 
                        based on that assessment, the 
                        Administrator shall designate high-risk 
                        urban areas that may submit 
                        applications for grants under this 
                        section.
                            (ii) Additional areas.--
                        Notwithstanding paragraph (2), the 
                        Administrator may--
                                    (I) in any case where an 
                                eligible metropolitan area 
                                consists of more than 1 
                                metropolitan division (as that 
                                term is defined by the Office 
                                of Management and Budget) 
                                designate more than 1 high-risk 
                                urban area within a single 
                                eligible metropolitan area; and
                                    (II) designate an area that 
                                is not an eligible metropolitan 
                                area as a high-risk urban area 
                                based on the assessment by the 
                                Administrator of the relative 
                                threat, vulnerability, and 
                                consequences from acts of 
                                terrorism faced by the area.
                            (iii) Rule of construction.--
                        Nothing in this subsection may be 
                        construed to require the Administrator 
                        to--
                                    (I) designate all eligible 
                                metropolitan areas that submit 
                                information to the 
                                Administrator under paragraph 
                                (2)(B)(i) as high-risk urban 
                                areas; or
                                    (II) designate all areas 
                                within an eligible metropolitan 
                                area as part of the high-risk 
                                urban area.
                    (B) Jurisdictions included in high-risk 
                urban areas.--
                            (i) In general.--In designating 
                        high-risk urban areas under 
                        subparagraph (A), the Administrator 
                        shall determine which jurisdictions, at 
                        a minimum, shall be included in each 
                        high-risk urban area.
                            (ii) Additional jurisdictions.--A 
                        high-risk urban area designated by the 
                        Administrator may, in consultation with 
                        the State or States in which such high-
                        risk urban area is located, add 
                        additional jurisdictions to the high-
                        risk urban area.
    (c) Application.--
            (1) In general.--An area designated as a high-risk 
        urban area under subsection (b) may apply for a grant 
        under this section.
            (2) Minimum contents of application.--In an 
        application for a grant under this section, a high-risk 
        urban area shall submit--
                    (A) a plan describing the proposed division 
                of responsibilities and distribution of funding 
                among the local and tribal governments in the 
                high-risk urban area;
                    (B) the name of an individual to serve as a 
                high-risk urban area liaison with the 
                Department and among the various jurisdictions 
                in the high-risk urban area; and
                    (C) such information in support of the 
                application as the Administrator may reasonably 
                require.
            (3) Annual applications.--Applicants for grants 
        under this section shall apply or reapply on an annual 
        basis.
            (4) State review and transmission.--
                    (A) In general.--To ensure consistency with 
                State homeland security plans, a high-risk 
                urban area applying for a grant under this 
                section shall submit its application to each 
                State within which any part of that high-risk 
                urban area is located for review before 
                submission of such application to the 
                Department.
                    (B) Deadline.--Not later than 30 days after 
                receiving an application from a high-risk urban 
                area under subparagraph (A), a State shall 
                transmit the application to the Department.
                    (C) Opportunity for state comment.--If the 
                Governor of a State determines that an 
                application of a high-risk urban area is 
                inconsistent with the State homeland security 
                plan of that State, or otherwise does not 
                support the application, the Governor shall--
                            (i) notify the Administrator, in 
                        writing, of that fact; and
                            (ii) provide an explanation of the 
                        reason for not supporting the 
                        application at the time of transmission 
                        of the application.
            (5) Opportunity to amend.--In considering 
        applications for grants under this section, the 
        Administrator shall provide applicants with a 
        reasonable opportunity to correct defects in the 
        application, if any, before making final awards.
    (d) Distribution of Awards.--
            (1) In general.--If the Administrator approves the 
        application of a high-risk urban area for a grant under 
        this section, the Administrator shall distribute the 
        grant funds to the State or States in which that high-
        risk urban area is located.
            (2) State distribution of funds.--
                    (A) In general.--Not later than 45 days 
                after the date that a State receives grant 
                funds under paragraph (1), that State shall 
                provide the high-risk urban area awarded that 
                grant not less than 80 percent of the grant 
                funds. Any funds retained by a State shall be 
                expended on items, services, or activities that 
                benefit the high-risk urban area.
                    (B) Funds retained.--A State shall provide 
                each relevant high-risk urban area with an 
                accounting of the items, services, or 
                activities on which any funds retained by the 
                State under subparagraph (A) were expended.
            (3) Interstate urban areas.--If parts of a high-
        risk urban area awarded a grant under this section are 
        located in 2 or more States, the Administrator shall 
        distribute to each such State--
                    (A) a portion of the grant funds in 
                accordance with the proposed distribution set 
                forth in the application; or
                    (B) if no agreement on distribution has 
                been reached, a portion of the grant funds 
                determined by the Administrator to be 
                appropriate.
            (4) Certifications regarding distribution of grant 
        funds to high-risk urban areas.--A State that receives 
        grant funds under paragraph (1) shall certify to the 
        Administrator that the State has made available to the 
        applicable high-risk urban area the required funds 
        under paragraph (2).
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated for grants under this section--
            (1) $850,000,000 for fiscal year 2008;
            (2) $950,000,000 for fiscal year 2009;
            (3) $1,050,000,000 for fiscal year 2010;
            (4) $1,150,000,000 for fiscal year 2011;
            (5) $1,300,000,000 for fiscal year 2012; and
            (6) such sums as are necessary for fiscal year 
        2013, and each fiscal year thereafter.

SEC. 2004. [6 U.S.C. 605] STATE HOMELAND SECURITY GRANT PROGRAM.

    (a) Establishment.--There is established a State Homeland 
Security Grant Program to assist State, local, and tribal 
governments in preventing, preparing for, protecting against, 
and responding to acts of terrorism.
    (b) Application.--
            (1) In general.--Each State may apply for a grant 
        under this section, and shall submit such information 
        in support of the application as the Administrator may 
        reasonably require.
            (2) Minimum contents of application.--The 
        Administrator shall require that each State include in 
        its application, at a minimum--
                    (A) the purpose for which the State seeks 
                grant funds and the reasons why the State needs 
                the grant to meet the target capabilities of 
                that State;
                    (B) a description of how the State plans to 
                allocate the grant funds to local governments 
                and Indian tribes; and
                    (C) a budget showing how the State intends 
                to expend the grant funds.
            (3) Annual applications.--Applicants for grants 
        under this section shall apply or reapply on an annual 
        basis.
    (c) Distribution to Local and Tribal Governments.--
            (1) In general.--Not later than 45 days after 
        receiving grant funds, any State receiving a grant 
        under this section shall make available to local and 
        tribal governments, consistent with the applicable 
        State homeland security plan--
                    (A) not less than 80 percent of the grant 
                funds;
                    (B) with the consent of local and tribal 
                governments, items, services, or activities 
                having a value of not less than 80 percent of 
                the amount of the grant; or
                    (C) with the consent of local and tribal 
                governments, grant funds combined with other 
                items, services, or activities having a total 
                value of not less than 80 percent of the amount 
                of the grant.
            (2) Certifications regarding distribution of grant 
        funds to local governments.--A State shall certify to 
        the Administrator that the State has made the 
        distribution to local and tribal governments required 
        under paragraph (1).
            (3) Extension of period.--The Governor of a State 
        may request in writing that the Administrator extend 
        the period under paragraph (1) for an additional period 
        of time. The Administrator may approve such a request 
        if the Administrator determines that the resulting 
        delay in providing grant funding to the local and 
        tribal governments is necessary to promote effective 
        investments to prevent, prepare for, protect against, 
        or respond to acts of terrorism.
            (4) Exception.--Paragraph (1) shall not apply to 
        the District of Columbia, the Commonwealth of Puerto 
        Rico, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, Guam, or the Virgin Islands.
            (5) Direct funding.--If a State fails to make the 
        distribution to local or tribal governments required 
        under paragraph (1) in a timely fashion, a local or 
        tribal government entitled to receive such distribution 
        may petition the Administrator to request that grant 
        funds be provided directly to the local or tribal 
        government.
    (d) Multistate Applications.--
            (1) In general.--Instead of, or in addition to, any 
        application for a grant under subsection (b), 2 or more 
        States may submit an application for a grant under this 
        section in support of multistate efforts to prevent, 
        prepare for, protect against, and respond to acts of 
        terrorism.
            (2) Administration of grant.--If a group of States 
        applies for a grant under this section, such States 
        shall submit to the Administrator at the time of 
        application a plan describing--
                    (A) the division of responsibilities for 
                administering the grant; and
                    (B) the distribution of funding among the 
                States that are parties to the application.
    (e) Minimum Allocation.--
            (1) In general.--In allocating funds under this 
        section, the Administrator shall ensure that--
                    (A) except as provided in subparagraph (B), 
                each State receives, from the funds 
                appropriated for the State Homeland Security 
                Grant Program established under this section, 
                not less than an amount equal to--
                            (i) 0.375 percent of the total 
                        funds appropriated for grants under 
                        this section and section 2003 in fiscal 
                        year 2008;
                            (ii) 0.365 percent of the total 
                        funds appropriated for grants under 
                        this section and section 2003 in fiscal 
                        year 2009;
                            (iii) 0.36 percent of the total 
                        funds appropriated for grants under 
                        this section and section 2003 in fiscal 
                        year 2010;
                            (iv) 0.355 percent of the total 
                        funds appropriated for grants under 
                        this section and section 2003 in fiscal 
                        year 2011; and
                            (v) 0.35 percent of the total funds 
                        appropriated for grants under this 
                        section and section 2003 in fiscal year 
                        2012 and in each fiscal year 
                        thereafter; and
                    (B) for each fiscal year, American Samoa, 
                the Commonwealth of the Northern Mariana 
                Islands, Guam, and the Virgin Islands each 
                receive, from the funds appropriated for the 
                State Homeland Security Grant Program 
                established under this section, not less than 
                an amount equal to 0.08 percent of the total 
                funds appropriated for grants under this 
                section and section 2003.
            (2) Effect of multistate award on state minimum.--
        Any portion of a multistate award provided to a State 
        under subsection (d) shall be considered in calculating 
        the minimum State allocation under this subsection.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated for grants under this section--
            (1) $950,000,000 for each of fiscal years 2008 
        through 2012; and
            (2) such sums as are necessary for fiscal year 
        2013, and each fiscal year thereafter.

SEC. 2005. [6 U.S.C. 606] GRANTS TO DIRECTLY ELIGIBLE TRIBES.

    (a) In General.--Notwithstanding section 2004(b), the 
Administrator may award grants to directly eligible tribes 
under section 2004.
    (b) Tribal Applications.--A directly eligible tribe may 
apply for a grant under section 2004 by submitting an 
application to the Administrator that includes, as appropriate, 
the information required for an application by a State under 
section 2004(b).
    (c) Consistency With State Plans.--
            (1) In general.--To ensure consistency with any 
        applicable State homeland security plan, a directly 
        eligible tribe applying for a grant under section 2004 
        shall provide a copy of its application to each State 
        within which any part of the tribe is located for 
        review before the tribe submits such application to the 
        Department.
            (2) Opportunity for comment.--If the Governor of a 
        State determines that the application of a directly 
        eligible tribe is inconsistent with the State homeland 
        security plan of that State, or otherwise does not 
        support the application, not later than 30 days after 
        the date of receipt of that application the Governor 
        shall--
                    (A) notify the Administrator, in writing, 
                of that fact; and
                    (B) provide an explanation of the reason 
                for not supporting the application.
    (d) Final Authority.--The Administrator shall have final 
authority to approve any application of a directly eligible 
tribe. The Administrator shall notify each State within the 
boundaries of which any part of a directly eligible tribe is 
located of the approval of an application by the tribe.
    (e) Prioritization.--The Administrator shall allocate funds 
to directly eligible tribes in accordance with the factors 
applicable to allocating funds among States under section 2007.
    (f) Distribution of Awards to Directly Eligible Tribes.--If 
the Administrator awards funds to a directly eligible tribe 
under this section, the Administrator shall distribute the 
grant funds directly to the tribe and not through any State.
    (g) Minimum Allocation.--
            (1) In general.--In allocating funds under this 
        section, the Administrator shall ensure that, for each 
        fiscal year, directly eligible tribes collectively 
        receive, from the funds appropriated for the State 
        Homeland Security Grant Program established under 
        section 2004, not less than an amount equal to 0.1 
        percent of the total funds appropriated for grants 
        under sections 2003 and 2004.
            (2) Exception.--This subsection shall not apply in 
        any fiscal year in which the Administrator--
                    (A) receives fewer than 5 applications 
                under this section; or
                    (B) does not approve at least 2 
                applications under this section.
    (h) Tribal Liaison.--A directly eligible tribe applying for 
a grant under section 2004 shall designate an individual to 
serve as a tribal liaison with the Department and other 
Federal, State, local, and regional government officials 
concerning preventing, preparing for, protecting against, and 
responding to acts of terrorism.
    (i) Eligibility for Other Funds.--A directly eligible tribe 
that receives a grant under section 2004 may receive funds for 
other purposes under a grant from the State or States within 
the boundaries of which any part of such tribe is located and 
from any high-risk urban area of which it is a part, consistent 
with the homeland security plan of the State or high-risk urban 
area.
    (j) State Obligations.--
            (1) In general.--States shall be responsible for 
        allocating grant funds received under section 2004 to 
        tribal governments in order to help those tribal 
        communities achieve target capabilities not achieved 
        through grants to directly eligible tribes.
            (2) Distribution of grant funds.--With respect to a 
        grant to a State under section 2004, an Indian tribe 
        shall be eligible for funding directly from that State, 
        and shall not be required to seek funding from any 
        local government.
            (3) Imposition of requirements.--A State may not 
        impose unreasonable or unduly burdensome requirements 
        on an Indian tribe as a condition of providing the 
        Indian tribe with grant funds or resources under 
        section 2004.
    (k) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of an Indian tribe that 
receives funds under this subtitle.

SEC. 2006. [6 U.S.C. 607] TERRORISM PREVENTION.

    (a) Law Enforcement Terrorism Prevention Program.--
            (1) In general.--The Administrator shall ensure 
        that not less than 25 percent of the total combined 
        funds appropriated for grants under sections 2003 and 
        2004 is used for law enforcement terrorism prevention 
        activities.
            (2) Law enforcement terrorism prevention 
        activities.--Law enforcement terrorism prevention 
        activities include--
                    (A) information sharing and analysis;
                    (B) target hardening;
                    (C) threat recognition;
                    (D) terrorist interdiction;
                    (E) overtime expenses consistent with a 
                State homeland security plan, including for the 
                provision of enhanced law enforcement 
                operations in support of Federal agencies, 
                including for increased border security and 
                border crossing enforcement;
                    (F) establishing, enhancing, and staffing 
                with appropriately qualified personnel State, 
                local, and regional fusion centers that comply 
                with the guidelines established under section 
                210A(i);
                    (G) paying salaries and benefits for 
                personnel, including individuals employed by 
                the grant recipient on the date of the relevant 
                grant application, to serve as qualified 
                intelligence analysts;
                    (H) any other activity permitted under the 
                Fiscal Year 2007 Program Guidance of the 
                Department for the Law Enforcement Terrorism 
                Prevention Program; and
                    (I) any other terrorism prevention activity 
                authorized by the Administrator.
            (3) Participation of underrepresented communities 
        in fusion centers.--The Administrator shall ensure that 
        grant funds described in paragraph (1) are used to 
        support the participation, as appropriate, of law 
        enforcement and other emergency response providers from 
        rural and other underrepresented communities at risk 
        from acts of terrorism in fusion centers.
    (b) Office for State and Local Law Enforcement.--
            (1) Establishment.--There is established in the 
        Policy Directorate of the Department an Office for 
        State and Local Law Enforcement, which shall be headed 
        by an Assistant Secretary for State and Local Law 
        Enforcement.
            (2) Qualifications.--The Assistant Secretary for 
        State and Local Law Enforcement shall have an 
        appropriate background with experience in law 
        enforcement, intelligence, and other counterterrorism 
        functions.
            (3) Assignment of personnel.--The Secretary shall 
        assign to the Office for State and Local Law 
        Enforcement permanent staff and, as appropriate and 
        consistent with sections 506(c)(2), 821, and 888(d), 
        other appropriate personnel detailed from other 
        components of the Department to carry out the 
        responsibilities under this subsection.
            (4) Responsibilities.--The Assistant Secretary for 
        State and Local Law Enforcement shall--
                    (A) lead the coordination of Department-
                wide policies relating to the role of State and 
                local law enforcement in preventing, preparing 
                for, protecting against, and responding to 
                natural disasters, acts of terrorism, and other 
                man-made disasters within the United States;
                    (B) serve as a liaison between State, 
                local, and tribal law enforcement agencies and 
                the Department;
                    (C) coordinate with the Office of 
                Intelligence and Analysis to ensure the 
                intelligence and information sharing 
                requirements of State, local, and tribal law 
                enforcement agencies are being addressed;
                    (D) work with the Administrator to ensure 
                that law enforcement and terrorism-focused 
                grants to State, local, and tribal government 
                agencies, including grants under sections 2003 
                and 2004, the Commercial Equipment Direct 
                Assistance Program, and other grants 
                administered by the Department to support 
                fusion centers and law enforcement-oriented 
                programs, are appropriately focused on 
                terrorism prevention activities;
                    (E) coordinate with the Science and 
                Technology Directorate, the Federal Emergency 
                Management Agency, the Department of Justice, 
                the National Institute of Justice, law 
                enforcement organizations, and other 
                appropriate entities to support the 
                development, promulgation, and updating, as 
                necessary, of national voluntary consensus 
                standards for training and personal protective 
                equipment to be used in a tactical environment 
                by law enforcement officers; and
                    (F) conduct, jointly with the 
                Administrator, a study to determine the 
                efficacy and feasibility of establishing 
                specialized law enforcement deployment teams to 
                assist State, local, and tribal governments in 
                responding to natural disasters, acts of 
                terrorism, or other man-made disasters and 
                report on the results of that study to the 
                appropriate committees of Congress.
            (5) Rule of construction.--Nothing in this 
        subsection shall be construed to diminish, supercede, 
        or replace the responsibilities, authorities, or role 
        of the Administrator.

SEC. 2007. [6 U.S.C. 608] PRIORITIZATION.

    (a) In General.--In allocating funds among States and high-
risk urban areas applying for grants under section 2003 or 
2004, the Administrator shall consider, for each State or high-
risk urban area--
            (1) its relative threat, vulnerability, and 
        consequences from acts of terrorism, including 
        consideration of--
                    (A) its population, including appropriate 
                consideration of military, tourist, and 
                commuter populations;
                    (B) its population density;
                    (C) its history of threats, including 
                whether it has been the target of a prior act 
                of terrorism;
                    (D) its degree of threat, vulnerability, 
                and consequences related to critical 
                infrastructure (for all critical infrastructure 
                sectors) or key resources identified by the 
                Administrator or the State homeland security 
                plan, including threats, vulnerabilities, and 
                consequences related to critical infrastructure 
                or key resources in nearby jurisdictions;
                    (E) the most current threat assessments 
                available to the Department;
                    (F) whether the State has, or the high-risk 
                urban area is located at or near, an 
                international border;
                    (G) whether it has a coastline bordering an 
                ocean (including the Gulf of Mexico) or 
                international waters;
                    (H) its likely need to respond to acts of 
                terrorism occurring in nearby jurisdictions;
                    (I) the extent to which it has unmet target 
                capabilities;
                    (J) in the case of a high-risk urban area, 
                the extent to which that high-risk urban area 
                includes--
                            (i) those incorporated 
                        municipalities, counties, parishes, and 
                        Indian tribes within the relevant 
                        eligible metropolitan area, the 
                        inclusion of which will enhance 
                        regional efforts to prevent, prepare 
                        for, protect against, and respond to 
                        acts of terrorism; and
                            (ii) other local and tribal 
                        governments in the surrounding area 
                        that are likely to be called upon to 
                        respond to acts of terrorism within the 
                        high-risk urban area; and
                    (K) such other factors as are specified in 
                writing by the Administrator; and
            (2) the anticipated effectiveness of the proposed 
        use of the grant by the State or high-risk urban area 
        in increasing the ability of that State or high-risk 
        urban area to prevent, prepare for, protect against, 
        and respond to acts of terrorism, to meet its target 
        capabilities, and to otherwise reduce the overall risk 
        to the high-risk urban area, the State, or the Nation.
    (b) Types of Threat.--In assessing threat under this 
section, the Administrator shall consider the following types 
of threat to critical infrastructure sectors and to populations 
in all areas of the United States, urban and rural:
            (1) Biological.
            (2) Chemical.
            (3) Cyber.
            (4) Explosives.
            (5) Incendiary.
            (6) Nuclear.
            (7) Radiological.
            (8) Suicide bombers.
            (9) Such other types of threat determined relevant 
        by the Administrator.

SEC. 2008. [6 U.S.C. 609] USE OF FUNDS.

    (a) Permitted Uses.--The Administrator shall permit the 
recipient of a grant under section 2003 or 2004 to use grant 
funds to achieve target capabilities related to preventing, 
preparing for, protecting against, and responding to acts of 
terrorism, consistent with a State homeland security plan and 
relevant local, tribal, and regional homeland security plans, 
through--
            (1) developing and enhancing homeland security, 
        emergency management, or other relevant plans, 
        assessments, or mutual aid agreements;
            (2) designing, conducting, and evaluating training 
        and exercises, including training and exercises 
        conducted under section 512 of this Act and section 648 
        of the Post-Katrina Emergency Management Reform Act of 
        2006 (6 U.S.C. 748);
            (3) protecting a system or asset included on the 
        prioritized critical infrastructure list established 
        under section 210E(a)(2);
            (4) purchasing, upgrading, storing, or maintaining 
        equipment, including computer hardware and software;
            (5) ensuring operability and achieving 
        interoperability of emergency communications;
            (6) responding to an increase in the threat level 
        under the Homeland Security Advisory System, or to the 
        needs resulting from a National Special Security Event;
            (7) establishing, enhancing, and staffing with 
        appropriately qualified personnel State, local, and 
        regional fusion centers that comply with the guidelines 
        established under section 210A(i);
            (8) enhancing school preparedness;
            (9) supporting public safety answering points;
            (10) paying salaries and benefits for personnel, 
        including individuals employed by the grant recipient 
        on the date of the relevant grant application, to serve 
        as qualified intelligence analysts, regardless of 
        whether such analysts are current or new full-time 
        employees or contract employees;
            (11) paying expenses directly related to 
        administration of the grant, except that such expenses 
        may not exceed 3 percent of the amount of the grant;
            (12) any activity permitted under the Fiscal Year 
        2007 Program Guidance of the Department for the State 
        Homeland Security Grant Program, the Urban Area 
        Security Initiative (including activities permitted 
        under the full-time counterterrorism staffing pilot), 
        or the Law Enforcement Terrorism Prevention Program; 
        and
            (13) any other appropriate activity, as determined 
        by the Administrator.
    (b) Limitations on Use of Funds.--
            (1) In general.--Funds provided under section 2003 
        or 2004 may not be used--
                    (A) to supplant State or local funds, 
                except that nothing in this paragraph shall 
                prohibit the use of grant funds provided to a 
                State or high-risk urban area for otherwise 
                permissible uses under subsection (a) on the 
                basis that a State or high-risk urban area has 
                previously used State or local funds to support 
                the same or similar uses; or
                    (B) for any State or local government cost-
                sharing contribution.
            (2) Personnel.--
                    (A) In general.--Not more than 50 percent 
                of the amount awarded to a grant recipient 
                under section 2003 or 2004 in any fiscal year 
                may be used to pay for personnel, including 
                overtime and backfill costs, in support of the 
                permitted uses under subsection (a).
                    (B) Waiver.--At the request of the 
                recipient of a grant under section 2003 or 
                2004, the Administrator may grant a waiver of 
                the limitation under subparagraph (A).
            (3) Limitations on discretion.--
                    (A) In general.--With respect to the use of 
                amounts awarded to a grant recipient under 
                section 2003 or 2004 for personnel costs in 
                accordance with paragraph (2) of this 
                subsection, the Administrator may not--
                            (i) impose a limit on the amount of 
                        the award that may be used to pay for 
                        personnel, or personnel-related, costs 
                        that is higher or lower than the 
                        percent limit imposed in paragraph 
                        (2)(A); or
                            (ii) impose any additional 
                        limitation on the portion of the funds 
                        of a recipient that may be used for a 
                        specific type, purpose, or category of 
                        personnel, or personnel-related, costs.
                    (B) Analysts.--If amounts awarded to a 
                grant recipient under section 2003 or 2004 are 
                used for paying salary or benefits of a 
                qualified intelligence analyst under subsection 
                (a)(10), the Administrator shall make such 
                amounts available without time limitations 
                placed on the period of time that the analyst 
                can serve under the grant.
            (4) Construction.--
                    (A) In general.--A grant awarded under 
                section 2003 or 2004 may not be used to acquire 
                land or to construct buildings or other 
                physical facilities.
                    (B) Exceptions.--
                            (i) In general.--Notwithstanding 
                        subparagraph (A), nothing in this 
                        paragraph shall prohibit the use of a 
                        grant awarded under section 2003 or 
                        2004 to achieve target capabilities 
                        related to preventing, preparing for, 
                        protecting against, or responding to 
                        acts of terrorism, including through 
                        the alteration or remodeling of 
                        existing buildings for the purpose of 
                        making such buildings secure against 
                        acts of terrorism.
                            (ii) Requirements for exception.--
                        No grant awarded under section 2003 or 
                        2004 may be used for a purpose 
                        described in clause (i) unless--
                                    (I) specifically approved 
                                by the Administrator;
                                    (II) any construction work 
                                occurs under terms and 
                                conditions consistent with the 
                                requirements under section 
                                611(j)(9) of the Robert T. 
                                Stafford Disaster Relief and 
                                Emergency Assistance Act (42 
                                U.S.C. 5196(j)(9)); and
                                    (III) the amount allocated 
                                for purposes under clause (i) 
                                does not exceed the greater of 
                                $1,000,000 or 15 percent of the 
                                grant award.
            (5) Recreation.--Grants awarded under this subtitle 
        may not be used for recreational or social purposes.
    (c) Multiple-Purpose Funds.--Nothing in this subtitle shall 
be construed to prohibit State, local, or tribal governments 
from using grant funds under sections 2003 and 2004 in a manner 
that enhances preparedness for disasters unrelated to acts of 
terrorism, if such use assists such governments in achieving 
target capabilities related to preventing, preparing for, 
protecting against, or responding to acts of terrorism.
    (d) Reimbursement of Costs.--
            (1) Paid-on-call or volunteer reimbursement.--In 
        addition to the activities described in subsection (a), 
        a grant under section 2003 or 2004 may be used to 
        provide a reasonable stipend to paid-on-call or 
        volunteer emergency response providers who are not 
        otherwise compensated for travel to or participation in 
        training or exercises related to the purposes of this 
        subtitle. Any such reimbursement shall not be 
        considered compensation for purposes of rendering an 
        emergency response provider an employee under the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
            (2) Performance of federal duty.--An applicant for 
        a grant under section 2003 or 2004 may petition the 
        Administrator to use the funds from its grants under 
        those sections for the reimbursement of the cost of any 
        activity relating to preventing, preparing for, 
        protecting against, or responding to acts of terrorism 
        that is a Federal duty and usually performed by a 
        Federal agency, and that is being performed by a State 
        or local government under agreement with a Federal 
        agency.
    (e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under section 2003 or 
2004, the Administrator may authorize the grant recipient to 
transfer all or part of the grant funds from uses specified in 
the grant agreement to other uses authorized under this 
section, if the Administrator determines that such transfer is 
in the interests of homeland security.
    (f) Equipment Standards.--If an applicant for a grant under 
section 2003 or 2004 proposes to upgrade or purchase, with 
assistance provided under that grant, new equipment or systems 
that do not meet or exceed any applicable national voluntary 
consensus standards developed under section 647 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), 
the applicant shall include in its application an explanation 
of why such equipment or systems will serve the needs of the 
applicant better than equipment or systems that meet or exceed 
such standards.

                   Subtitle B--Grants Administration

SEC. 2021. [6 U.S.C. 611] ADMINISTRATION AND COORDINATION.

    (a) Regional Coordination.--The Administrator shall ensure 
that--
            (1) all recipients of grants administered by the 
        Department to prevent, prepare for, protect against, or 
        respond to natural disasters, acts of terrorism, or 
        other man-made disasters (excluding assistance provided 
        under section 203, title IV, or title V of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) 
        coordinate, as appropriate, their prevention, 
        preparedness, and protection efforts with neighboring 
        State, local, and tribal governments; and
            (2) all high-risk urban areas and other recipients 
        of grants administered by the Department to prevent, 
        prepare for, protect against, or respond to natural 
        disasters, acts of terrorism, or other man-made 
        disasters (excluding assistance provided under section 
        203, title IV, or title V of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5133, 5170 et seq., and 5191 et seq.)) that include or 
        substantially affect parts or all of more than 1 State 
        coordinate, as appropriate, across State boundaries, 
        including, where appropriate, through the use of 
        regional working groups and requirements for regional 
        plans.
    (b) Planning Committees.--
            (1) In general.--Any State or high-risk urban area 
        receiving a grant under section 2003 or 2004 shall 
        establish a planning committee to assist in preparation 
        and revision of the State, regional, or local homeland 
        security plan and to assist in determining effective 
        funding priorities for grants under sections 2003 and 
        2004.
            (2) Composition.--
                    (A) In general.--The planning committee 
                shall include representatives of significant 
                stakeholders, including--
                            (i) local and tribal government 
                        officials; and
                            (ii) emergency response providers, 
                        which shall include representatives of 
                        the fire service, law enforcement, 
                        emergency medical response, and 
                        emergency managers.
                    (B) Geographic representation.--The members 
                of the planning committee shall be a 
                representative group of individuals from the 
                counties, cities, towns, and Indian tribes 
                within the State or high-risk urban area, 
                including, as appropriate, representatives of 
                rural, high-population, and high-threat 
                jurisdictions.
            (3) Existing planning committees.--Nothing in this 
        subsection may be construed to require that any State 
        or high-risk urban area create a planning committee if 
        that State or high-risk urban area has established and 
        uses a multijurisdictional planning committee or 
        commission that meets the requirements of this 
        subsection.
    (c) Interagency Coordination.--
            (1) In general.--Not later than 12 months after the 
        date of enactment of the Implementing Recommendations 
        of the 9/11 Commission Act of 2007, the Secretary 
        (acting through the Administrator), the Attorney 
        General, the Secretary of Health and Human Services, 
        and the heads of other agencies providing assistance to 
        State, local, and tribal governments for preventing, 
        preparing for, protecting against, and responding to 
        natural disasters, acts of terrorism, and other man-
        made disasters, shall jointly--
                    (A) compile a comprehensive list of Federal 
                grant programs for State, local, and tribal 
                governments for preventing, preparing for, 
                protecting against, and responding to natural 
                disasters, acts of terrorism, and other man-
                made disasters;
                    (B) compile the planning, reporting, 
                application, and other requirements and 
                guidance for the grant programs described in 
                subparagraph (A);
                    (C) develop recommendations, as 
                appropriate, to--
                            (i) eliminate redundant and 
                        duplicative requirements for State, 
                        local, and tribal governments, 
                        including onerous application and 
                        ongoing reporting requirements;
                            (ii) ensure accountability of the 
                        programs to the intended purposes of 
                        such programs;
                            (iii) coordinate allocation of 
                        grant funds to avoid duplicative or 
                        inconsistent purchases by the 
                        recipients;
                            (iv) make the programs more 
                        accessible and user friendly to 
                        applicants; and
                            (v) ensure the programs are 
                        coordinated to enhance the overall 
                        preparedness of the Nation;
                    (D) submit the information and 
                recommendations under subparagraphs (A), (B), 
                and (C) to the appropriate committees of 
                Congress; and
                    (E) provide the appropriate committees of 
                Congress, the Comptroller General, and any 
                officer or employee of the Government 
                Accountability Office with full access to any 
                information collected or reviewed in preparing 
                the submission under subparagraph (D).
            (2) Scope of task.--Nothing in this subsection 
        shall authorize the elimination, or the alteration of 
        the purposes, as delineated by statute, regulation, or 
        guidance, of any grant program that exists on the date 
        of the enactment of the Implementing Recommendations of 
        the 9/11 Commission Act of 2007, nor authorize the 
        review or preparation of proposals on the elimination, 
        or the alteration of such purposes, of any such grant 
        program.
    (d) Sense of Congress.--It is the sense of Congress that, 
in order to ensure that the Nation is most effectively able to 
prevent, prepare for, protect against, and respond to all 
hazards, including natural disasters, acts of terrorism, and 
other man-made disasters--
            (1) the Department should administer a coherent and 
        coordinated system of both terrorism-focused and all-
        hazards grants;
            (2) there should be a continuing and appropriate 
        balance between funding for terrorism-focused and all-
        hazards preparedness, as reflected in the 
        authorizations of appropriations for grants under the 
        amendments made by titles I and II, as applicable, of 
        the Implementing Recommendations of the 9/11 Commission 
        Act of 2007; and
            (3) with respect to terrorism-focused grants, it is 
        necessary to ensure both that the target capabilities 
        of the highest risk areas are achieved quickly and that 
        basic levels of preparedness, as measured by the 
        attainment of target capabilities, are achieved 
        nationwide.

SEC. 2022. [6 U.S.C. 612] ACCOUNTABILITY.

    (a) Audits of Grant Programs.--
            (1) Compliance requirements.--
                    (A) Audit requirement.--Each recipient of a 
                grant administered by the Department that 
                expends not less than $500,000 in Federal funds 
                during its fiscal year shall submit to the 
                Administrator a copy of the organization-wide 
                financial and compliance audit report required 
                under chapter 75 of title 31, United States 
                Code.
                    (B) Access to information.--The Department 
                and each recipient of a grant administered by 
                the Department shall provide the Comptroller 
                General and any officer or employee of the 
                Government Accountability Office with full 
                access to information regarding the activities 
                carried out related to any grant administered 
                by the Department.
                    (C) Improper payments.--Consistent with the 
                Improper Payments Information Act of 2002 (31 
                U.S.C. 3321 note), for each of the grant 
                programs under sections 2003 and 2004 of this 
                title and section 662 of the Post-Katrina 
                Emergency Management Reform Act of 2006 (6 
                U.S.C. 762), the Administrator shall specify 
                policies and procedures for--
                            (i) identifying activities funded 
                        under any such grant program that are 
                        susceptible to significant improper 
                        payments; and
                            (ii) reporting any improper 
                        payments to the Department.
            (2) Agency program review.--
                    (A) In general.--Not less than once every 2 
                years, the Administrator shall conduct, for 
                each State and high-risk urban area receiving a 
                grant administered by the Department, a 
                programmatic and financial review of all grants 
                awarded by the Department to prevent, prepare 
                for, protect against, or respond to natural 
                disasters, acts of terrorism, or other man-made 
                disasters, excluding assistance provided under 
                section 203, title IV, or title V of the Robert 
                T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5133, 5170 et seq., 
                and 5191 et seq.).
                    (B) Contents.--Each review under 
                subparagraph (A) shall, at a minimum, examine--
                            (i) whether the funds awarded were 
                        used in accordance with the law, 
                        program guidance, and State homeland 
                        security plans or other applicable 
                        plans; and
                            (ii) the extent to which funds 
                        awarded enhanced the ability of a 
                        grantee to prevent, prepare for, 
                        protect against, and respond to natural 
                        disasters, acts of terrorism, and other 
                        man-made disasters.
                    (C) Authorization of appropriations.--In 
                addition to any other amounts authorized to be 
                appropriated to the Administrator, there are 
                authorized to be appropriated to the 
                Administrator for reviews under this 
                paragraph--
                            (i) $8,000,000 for each of fiscal 
                        years 2008, 2009, and 2010; and
                            (ii) such sums as are necessary for 
                        fiscal year 2011, and each fiscal year 
                        thereafter.
            (3) Office of inspector general performance 
        audits.--
                    (A) In general.--In order to ensure the 
                effective and appropriate use of grants 
                administered by the Department, the Inspector 
                General of the Department each year shall 
                conduct audits of a sample of States and high-
                risk urban areas that receive grants 
                administered by the Department to prevent, 
                prepare for, protect against, or respond to 
                natural disasters, acts of terrorism, or other 
                man-made disasters, excluding assistance 
                provided under section 203, title IV, or title 
                V of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5133, 5170 
                et seq., and 5191 et seq.).
                    (B) Determining samples.--The sample 
                selected for audits under subparagraph (A) 
                shall be--
                            (i) of an appropriate size to--
                                    (I) assess the overall 
                                integrity of the grant programs 
                                described in subparagraph (A); 
                                and
                                    (II) act as a deterrent to 
                                financial mismanagement; and
                            (ii) selected based on--
                                    (I) the size of the grants 
                                awarded to the recipient;
                                    (II) the past grant 
                                management performance of the 
                                recipient;
                                    (III) concerns identified 
                                by the Administrator, including 
                                referrals from the 
                                Administrator; and
                                    (IV) such other factors as 
                                determined by the Inspector 
                                General of the Department.
                    (C) Comprehensive auditing.--During the 7-
                year period beginning on the date of enactment 
                of the Implementing Recommendations of the 9/11 
                Commission Act of 2007, the Inspector General 
                of the Department shall conduct not fewer than 
                1 audit of each State that receives funds under 
                a grant under section 2003 or 2004.
                    (D) Report by the inspector general.--
                            (i) In general.--The Inspector 
                        General of the Department shall submit 
                        to the appropriate committees of 
                        Congress an annual consolidated report 
                        regarding the audits completed during 
                        the fiscal year before the date of that 
                        report.
                            (ii) Contents.--Each report 
                        submitted under clause (i) shall 
                        describe, for the fiscal year before 
                        the date of that report--
                                    (I) the audits conducted 
                                under subparagraph (A);
                                    (II) the findings of the 
                                Inspector General with respect 
                                to the audits conducted under 
                                subparagraph (A);
                                    (III) whether the funds 
                                awarded were used in accordance 
                                with the law, program guidance, 
                                and State homeland security 
                                plans and other applicable 
                                plans; and
                                    (IV) the extent to which 
                                funds awarded enhanced the 
                                ability of a grantee to 
                                prevent, prepare for, protect 
                                against, and respond to natural 
                                disasters, acts of terrorism 
                                and other man-made disasters.
                            (iii) Deadline.--For each year, the 
                        report required under clause (i) shall 
                        be submitted not later than December 
                        31.
                    (E) Public availability on website.--The 
                Inspector General of the Department shall make 
                each audit conducted under subparagraph (A) 
                available on the website of the Inspector 
                General, subject to redaction as the Inspector 
                General determines necessary to protect 
                classified and other sensitive information.
                    (F) Provision of information to 
                administrator.--The Inspector General of the 
                Department shall provide to the Administrator 
                any findings and recommendations from audits 
                conducted under subparagraph (A).
                    (G) Evaluation of grants management and 
                oversight.--Not later than 1 year after the 
                date of enactment of the Implementing 
                Recommendations of the 9/11 Commission Act of 
                2007, the Inspector General of the Department 
                shall review and evaluate the grants management 
                and oversight practices of the Federal 
                Emergency Management Agency, including 
                assessment of and recommendations relating to--
                            (i) the skills, resources, and 
                        capabilities of the workforce; and
                            (ii) any additional resources and 
                        staff necessary to carry out such 
                        management and oversight.
                    (H) Authorization of appropriations.--In 
                addition to any other amounts authorized to be 
                appropriated to the Inspector General of the 
                Department, there are authorized to be 
                appropriated to the Inspector General of the 
                Department for audits under subparagraph (A)--
                            (i) $8,500,000 for each of fiscal 
                        years 2008, 2009, and 2010; and
                            (ii) such sums as are necessary for 
                        fiscal year 2011, and each fiscal year 
                        thereafter.
            (4) Performance assessment.--In order to ensure 
        that States and high-risk urban areas are using grants 
        administered by the Department appropriately to meet 
        target capabilities and preparedness priorities, the 
        Administrator shall--
                    (A) ensure that any such State or high-risk 
                urban area conducts or participates in 
                exercises under section 648(b) of the Post-
                Katrina Emergency Management Reform Act of 2006 
                (6 U.S.C. 748(b));
                    (B) use performance metrics in accordance 
                with the comprehensive assessment system under 
                section 649 of the Post-Katrina Emergency 
                Management Reform Act of 2006 (6 U.S.C. 749) 
                and ensure that any such State or high-risk 
                urban area regularly tests its progress against 
                such metrics through the exercises required 
                under subparagraph (A);
                    (C) use the remedial action management 
                program under section 650 of the Post-Katrina 
                Emergency Management Reform Act of 2006 (6 
                U.S.C. 750); and
                    (D) ensure that each State receiving a 
                grant administered by the Department submits a 
                report to the Administrator on its level of 
                preparedness, as required by section 652(c) of 
                the Post-Katrina Emergency Management Reform 
                Act of 2006 (6 U.S.C. 752(c)).
            (5) Consideration of assessments.--In conducting 
        program reviews and performance audits under paragraphs 
        (2) and (3), the Administrator and the Inspector 
        General of the Department shall take into account the 
        performance assessment elements required under 
        paragraph (4).
            (6) Recovery audits.--The Administrator shall 
        conduct a recovery audit (as that term is defined by 
        the Director of the Office of Management and Budget 
        under section 3561 of title 31, United States Code) for 
        any grant administered by the Department with a total 
        value of not less than $1,000,000, if the Administrator 
        finds that--
                    (A) a financial audit has identified 
                improper payments that can be recouped; and
                    (B) it is cost effective to conduct a 
                recovery audit to recapture the targeted funds.
            (7) Remedies for noncompliance.--
                    (A) In general.--If, as a result of a 
                review or audit under this subsection or 
                otherwise, the Administrator finds that a 
                recipient of a grant under this title has 
                failed to substantially comply with any 
                provision of law or with any regulations or 
                guidelines of the Department regarding eligible 
                expenditures, the Administrator shall--
                            (i) reduce the amount of payment of 
                        grant funds to the recipient by an 
                        amount equal to the amount of grants 
                        funds that were not properly expended 
                        by the recipient;
                            (ii) limit the use of grant funds 
                        to programs, projects, or activities 
                        not affected by the failure to comply;
                            (iii) refer the matter to the 
                        Inspector General of the Department for 
                        further investigation;
                            (iv) terminate any payment of grant 
                        funds to be made to the recipient; or
                            (v) take such other action as the 
                        Administrator determines appropriate.
                    (B) Duration of penalty.--The Administrator 
                shall apply an appropriate penalty under 
                subparagraph (A) until such time as the 
                Administrator determines that the grant 
                recipient is in full compliance with the law 
                and with applicable guidelines or regulations 
                of the Department.
    (b) Reports by Grant Recipients.--
            (1) Quarterly reports on homeland security 
        spending.--
                    (A) In general.--As a condition of 
                receiving a grant under section 2003 or 2004, a 
                State, high-risk urban area, or directly 
                eligible tribe shall, not later than 30 days 
                after the end of each Federal fiscal quarter, 
                submit to the Administrator a report on 
                activities performed using grant funds during 
                that fiscal quarter.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall at a minimum include, 
                for the applicable State, high-risk urban area, 
                or directly eligible tribe, and each subgrantee 
                thereof--
                            (i) the amount obligated to that 
                        recipient under section 2003 or 2004 in 
                        that quarter;
                            (ii) the amount of funds received 
                        and expended under section 2003 or 2004 
                        by that recipient in that quarter; and
                            (iii) a summary description of 
                        expenditures made by that recipient 
                        using such funds, and the purposes for 
                        which such expenditures were made.
                    (C) End-of-year report.--The report 
                submitted under subparagraph (A) by a State, 
                high-risk urban area, or directly eligible 
                tribe relating to the last quarter of any 
                fiscal year shall include--
                            (i) the amount and date of receipt 
                        of all funds received under the grant 
                        during that fiscal year;
                            (ii) the identity of, and amount 
                        provided to, any subgrantee for that 
                        grant during that fiscal year;
                            (iii) the amount and the dates of 
                        disbursements of all such funds 
                        expended in compliance with section 
                        2021(a)(1) or under mutual aid 
                        agreements or other sharing 
                        arrangements that apply within the 
                        State, high-risk urban area, or 
                        directly eligible tribe, as applicable, 
                        during that fiscal year; and
                            (iv) how the funds were used by 
                        each recipient or subgrantee during 
                        that fiscal year.
            (2) Annual report.--Any State applying for a grant 
        under section 2004 shall submit to the Administrator 
        annually a State preparedness report, as required by 
        section 652(c) of the Post-Katrina Emergency Management 
        Reform Act of 2006 (6 U.S.C. 752(c)).
    (c) Reports by the Administrator.--
            (1) Federal preparedness report.--The Administrator 
        shall submit to the appropriate committees of Congress 
        annually the Federal Preparedness Report required under 
        section 652(a) of the Post-Katrina Emergency Management 
        Reform Act of 2006 (6 U.S.C. 752(a)).
            (2) Risk assessment.--
                    (A) In general.--For each fiscal year, the 
                Administrator shall provide to the appropriate 
                committees of Congress a detailed and 
                comprehensive explanation of the methodologies 
                used to calculate risk and compute the 
                allocation of funds for grants administered by 
                the Department, including--
                            (i) all variables included in the 
                        risk assessment and the weights 
                        assigned to each such variable;
                            (ii) an explanation of how each 
                        such variable, as weighted, correlates 
                        to risk, and the basis for concluding 
                        there is such a correlation; and
                            (iii) any change in the 
                        methodologies from the previous fiscal 
                        year, including changes in variables 
                        considered, weighting of those 
                        variables, and computational methods.
                    (B) Classified annex.--The information 
                required under subparagraph (A) shall be 
                provided in unclassified form to the greatest 
                extent possible, and may include a classified 
                annex if necessary.
                    (C) Deadline.--For each fiscal year, the 
                information required under subparagraph (A) 
                shall be provided on the earlier of--
                            (i) October 31; or
                            (ii) 30 days before the issuance of 
                        any program guidance for grants 
                        administered by the Department.
            (3) Tribal funding report.--At the end of each 
        fiscal year, the Administrator shall submit to the 
        appropriate committees of Congress a report setting 
        forth the amount of funding provided during that fiscal 
        year to Indian tribes under any grant program 
        administered by the Department, whether provided 
        directly or through a subgrant from a State or high-
        risk urban area.
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