HOMELAND SECURITY ACT OF 2002

(Updated with amendments made through P.L. 110–417 (October 14, 2008))

U.S. GOVERNMENT PRINTING OFFICE

45–834 WASHINGTON : 

" COMMITTEE PRINT ! 110TH CONGRESS

2nd Session 

COMMITTEE

2008

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
COMMITTEE ON HOMELAND SECURITY 

BENNIE G. THOMPSON, Mississippi, Chairman 

LORETTA SANCHEZ, California, 

EDWARD J. MARKEY, Massachusetts 

NORMAN D. DICKS, Washington 

JANE HARMAN, California 

PETER A. DEFAZIO, Oregon 

NITA M. LOWEY, New York 

ELEANOR HOLMES NORTON, District of 

Columbia 

ZOE LOFGREN, California 

SHEILA JACKSON-LEE, Texas 

DONNA M. CHRISTENSEN, U.S. Virgin 

Islands 

BOB ETHERIDGE, North Carolina 

JAMES R. LANGEVIN, Rhode Island 

HENRY CUELLAR, Texas 

CHRISTOPHER P. CARNEY, Pennsylvania 

YVETTE D. CLARKE, New York 

AL GREEN, Texas 

ED PERLMUTTER, Colorado 

BILL PASCRELL, JR., Colorado 

PETER T. KING, New York 

LAMAR SMITH, Texas 

CHRISTOPHER SHAYS, Connecticut 

MARK E. SOUDER, Indiana 

TOM DAVIS, Virginia 

DANIEL E. LUNGREN, California 

MIKE ROGERS, Alabama 

DAVID G. REICHERT, Washington 

MICHAEL T. MCCAUL, Texas 

CHARLES W. DENT, Pennsylvania 

GINNY BROWN-WAITE, Florida 

GUS M. BILIRAKIS, Florida 

DAVID DAVIS, Tennessee 

PAUL C. BROUN, Georgia 

CANDICE S. MILLER, Michigan 

I. LANIER AVANT, Staff Director 

ROSALINE COHEN, Chief Counsel 

MICHAEL TWINCHEK, Chief Clerk 

ROBERT O’CONNOR, Minority Staff Director

(II) 
(III)

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. 

(V)

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

1

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) ø6 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. 1 HOMELAND SECURITY ACT OF 2002 2

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. 
3 Sec. 1 HOMELAND SECURITY ACT OF 2002

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
Sec. 1 HOMELAND SECURITY ACT OF 2002 4

1The 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. 
5 Sec. 1 HOMELAND SECURITY ACT OF 2002

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. 1 HOMELAND SECURITY ACT OF 2002 6

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. 
7 Sec. 1 HOMELAND SECURITY ACT OF 2002

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. 2 HOMELAND SECURITY ACT OF 2002 8

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. ø6 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 
9 Sec. 2 HOMELAND SECURITY ACT OF 2002

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 
Sec. 3 HOMELAND SECURITY ACT OF 2002 10

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. ø6 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. ø6 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. ø6 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; 
11 Sec. 102 HOMELAND SECURITY ACT OF 2002

(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. ø6 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 
Sec. 102 HOMELAND SECURITY ACT OF 2002 12

(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 justifica-
13 Sec. 103 HOMELAND SECURITY ACT OF 2002

tion 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. ø6 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. 
Sec. 201 HOMELAND SECURITY ACT OF 2002 14

(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. ø6 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: 
15 Sec. 201 HOMELAND SECURITY ACT OF 2002

(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 informa-
Sec. 201 HOMELAND SECURITY ACT OF 2002 16

tion, 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 
17 Sec. 201 HOMELAND SECURITY ACT OF 2002

(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 Representa-
Sec. 201 HOMELAND SECURITY ACT OF 2002 18

1The 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. 

tives, 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. 

(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. 
19 Sec. 202 HOMELAND SECURITY ACT OF 2002

(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. ø6 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 
Sec. 203 HOMELAND SECURITY ACT OF 2002 20

(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. ø6 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—
21 Sec. 204 HOMELAND SECURITY ACT OF 2002

(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. ø6 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 
Sec. 205 HOMELAND SECURITY ACT OF 2002 22

(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. ø6 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 
23 Sec. 207 HOMELAND SECURITY ACT OF 2002

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. ø6 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. ø6 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. 
Sec. 208 HOMELAND SECURITY ACT OF 2002 24

(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. ø6 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. ø6 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. ø6 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 
25 Sec. 210A HOMELAND SECURITY ACT OF 2002

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. ø6 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; 
Sec. 210A HOMELAND SECURITY ACT OF 2002 26

(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—
27 Sec. 210A HOMELAND SECURITY ACT OF 2002

(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 LIB- ERTIES 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 
Sec. 210A HOMELAND SECURITY ACT OF 2002 28

(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—
29 Sec. 210A HOMELAND SECURITY ACT OF 2002

(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; 
Sec. 210A HOMELAND SECURITY ACT OF 2002 30

(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; 
31 Sec. 210B HOMELAND SECURITY ACT OF 2002

(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. ø6 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 
Sec. 210B HOMELAND SECURITY ACT OF 2002 32

(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 
33 Sec. 210D HOMELAND SECURITY ACT OF 2002

(B) ensure that the number of Information Sharing 

Fellows selected does not impede the activities of the Office of Intelligence and Analysis. 

SEC. 210C. ø6 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. ø6 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 
Sec. 210D HOMELAND SECURITY ACT OF 2002 34

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; 
35 Sec. 210D HOMELAND SECURITY ACT OF 2002

(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 Fed-
Sec. 210D HOMELAND SECURITY ACT OF 2002 36

eral 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—
37 Sec. 210E HOMELAND SECURITY ACT OF 2002

(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. ø6 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 
Sec. 210E HOMELAND SECURITY ACT OF 2002 38

(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, includ-
39 Sec. 210E HOMELAND SECURITY ACT OF 2002

ing 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 
Sec. 211 HOMELAND SECURITY ACT OF 2002 40

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. ø6 U.S.C. 101 note¿ SHORT TITLE. 

This subtitle may be cited as the ‘‘Critical Infrastructure Information Act of 2002’’. 

SEC. 212. ø6 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 
41 Sec. 212 HOMELAND SECURITY ACT OF 2002

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 
Sec. 213 HOMELAND SECURITY ACT OF 2002 42

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. ø6 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. ø6 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—
43 Sec. 214 HOMELAND SECURITY ACT OF 2002

(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. 
Sec. 215 HOMELAND SECURITY ACT OF 2002 44

(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. ø6 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. 
45 Sec. 222 HOMELAND SECURITY ACT OF 2002

Subtitle C—Information Security 

SEC. 221. ø6 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. ø6 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 
Sec. 222 HOMELAND SECURITY ACT OF 2002 46

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. 
47 Sec. 222 HOMELAND SECURITY ACT OF 2002

(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 HOMELAND SECURITY ACT OF 2002 48

SEC. 223. ø6 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. ø6 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. ø6 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; 
49 Sec. 225 HOMELAND SECURITY ACT OF 2002

(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. 

* * * * * * *
Sec. 231 HOMELAND SECURITY ACT OF 2002 50

Subtitle D—Office of Science and 

Technology 

SEC. 231. ø6 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. ø6 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. 
51 Sec. 232 HOMELAND SECURITY ACT OF 2002

(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. 
Sec. 233 HOMELAND SECURITY ACT OF 2002 52

(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. ø6 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. ø6 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, 
53 Sec. 301 HOMELAND SECURITY ACT OF 2002

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. ø6 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 meritbased, 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. ø6 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 HOMELAND SECURITY ACT OF 2002 54

1Two commas so in law. See section 501(b)(2)(A) of Public Law 109–347 (120 Stat. 1935). 

1Two commas so in law. See section 501(b)(2)(B) of Public Law 109–347 (120 Stat. 1935). 

SEC. 302. ø6 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; 

(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 

(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; 
55 Sec. 304 HOMELAND SECURITY ACT OF 2002

(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. ø6 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. ø6 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 counter-
Sec. 305 HOMELAND SECURITY ACT OF 2002 56

measures 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. ø6 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. ø6 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 DESIGNA- TIONS.—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. ø6 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, 
57 Sec. 307 HOMELAND SECURITY ACT OF 2002

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. 
Sec. 308 HOMELAND SECURITY ACT OF 2002 58

(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. ø6 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 SECU- RITY.— (A) DESIGNATION.—The Secretary, acting through the 

Under Secretary for Science and Technology, shall designate a university-based center or several universitybased 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. 
59 Sec. 308 HOMELAND SECURITY ACT OF 2002

(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. 
Sec. 309 HOMELAND SECURITY ACT OF 2002 60

(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. ø6 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 
61 Sec. 309 HOMELAND SECURITY ACT OF 2002

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 fis-
Sec. 310 HOMELAND SECURITY ACT OF 2002 62

cal 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. ø6 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. ø6 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.—
63 Sec. 311 HOMELAND SECURITY ACT OF 2002

(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.—
Sec. 312 HOMELAND SECURITY ACT OF 2002 64

(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. ø6 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 
65 Sec. 313 HOMELAND SECURITY ACT OF 2002

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. ø6 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 
Sec. 314 HOMELAND SECURITY ACT OF 2002 66

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 
67 Sec. 315 HOMELAND SECURITY ACT OF 2002

(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 manmade 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 HOMELAND SECURITY ACT OF 2002 68

SEC. 316. ø6 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. 
69 Sec. 316 HOMELAND SECURITY ACT OF 2002

(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. 
Sec. 316 HOMELAND SECURITY ACT OF 2002 70

(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 sec-
71 Sec. 317 HOMELAND SECURITY ACT OF 2002

tion 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. ø6 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 
Sec. 317 HOMELAND SECURITY ACT OF 2002 72

(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 
73 Sec. 317 HOMELAND SECURITY ACT OF 2002

(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. 
Sec. 401 HOMELAND SECURITY ACT OF 2002 74

(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. ø6 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. ø6 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. 
75 Sec. 412 HOMELAND SECURITY ACT OF 2002

SEC. 403. ø6 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. ø6 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. ø6 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 
Sec. 413 HOMELAND SECURITY ACT OF 2002 76

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. ø6 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. ø6 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. ø6 U.S.C. 215¿ DEFINITION. 

In this subtitle, the term ‘‘customs revenue function’’ means 

the following: 
77 Sec. 417 HOMELAND SECURITY ACT OF 2002

(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. ø6 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. ø6 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; 
Sec. 418 HOMELAND SECURITY ACT OF 2002 78

(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. ø6 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. ø6 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). 
79 Sec. 421 HOMELAND SECURITY ACT OF 2002

(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 REGU- LATIONS.—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 
Sec. 422 HOMELAND SECURITY ACT OF 2002 80

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. ø6 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. ø6 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. 
81 Sec. 427 HOMELAND SECURITY ACT OF 2002

(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. ø6 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. ø6 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 
Sec. 428 HOMELAND SECURITY ACT OF 2002 82

(2) a plan to complete implementation of this section. 

SEC. 428. ø6 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)). 
83 Sec. 428 HOMELAND SECURITY ACT OF 2002

(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 ad-
Sec. 428 HOMELAND SECURITY ACT OF 2002 84

judication 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 
85 Sec. 429 HOMELAND SECURITY ACT OF 2002

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. ø6 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 
Sec. 430 HOMELAND SECURITY ACT OF 2002 86

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. ø6 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 
87 Sec. 441 HOMELAND SECURITY ACT OF 2002

(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. ø6 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. ø6 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 HOMELAND SECURITY ACT OF 2002 88

SEC. 442. ø6 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. 
89 Sec. 445 HOMELAND SECURITY ACT OF 2002

(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. ø6 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. ø6 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. ø6 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 
Sec. 446 HOMELAND SECURITY ACT OF 2002 90

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. ø6 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. ø6 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 Ombuds-
91 Sec. 451 HOMELAND SECURITY ACT OF 2002

man’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 
Sec. 451 HOMELAND SECURITY ACT OF 2002 92

1Subsection (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]

(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) 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 expe-
93 Sec. 452 HOMELAND SECURITY ACT OF 2002

ditious 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. ø6 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 
Sec. 452 HOMELAND SECURITY ACT OF 2002 94

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 re-
95 Sec. 453 HOMELAND SECURITY ACT OF 2002

sponse 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. ø6 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 HOMELAND SECURITY ACT OF 2002 96

SEC. 454. ø6 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. ø6 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. ø6 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 
97 Sec. 461 HOMELAND SECURITY ACT OF 2002

funds and personnel effected pursuant to this subtitle for a period of 2 years after the effective date specified in section 455. 

* * * * * * *

SEC. 459. ø6 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. ø6 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. ø6 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. 
Sec. 462 HOMELAND SECURITY ACT OF 2002 98

(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. ø6 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 
99 Sec. 462 HOMELAND SECURITY ACT OF 2002

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 
Sec. 462 HOMELAND SECURITY ACT OF 2002 100

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 em-
101 Sec. 472 HOMELAND SECURITY ACT OF 2002

ployed 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. ø6 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. ø6 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, 
Sec. 472 HOMELAND SECURITY ACT OF 2002 102

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 
103 Sec. 472 HOMELAND SECURITY ACT OF 2002

(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). 
Sec. 473 HOMELAND SECURITY ACT OF 2002 104

(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. ø6 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). 
105 Sec. 477 HOMELAND SECURITY ACT OF 2002

(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. ø6 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. ø6 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. ø6 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. ø6 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 Com-
Sec. 477 HOMELAND SECURITY ACT OF 2002 106

mittees 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. 
107 Sec. 478 HOMELAND SECURITY ACT OF 2002

(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. ø6 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. 
Sec. 501 HOMELAND SECURITY ACT OF 2002 108

(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. ø6 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. 
109 Sec. 503 HOMELAND SECURITY ACT OF 2002

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. ø6 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. ø6 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 
Sec. 503 HOMELAND SECURITY ACT OF 2002 110

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 manmade 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 manmade 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. 
111 Sec. 504 HOMELAND SECURITY ACT OF 2002

(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 manmade disasters. 

(B) RETENTION OF AUTHORITY.—Nothing in this paragraph shall be construed as affecting the authority of the 

Secretary under this Act. 

SEC. 504. ø6 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)—
Sec. 504 HOMELAND SECURITY ACT OF 2002 112

1The 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).

(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; 

(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 effec-
113 Sec. 504 HOMELAND SECURITY ACT OF 2002

tively 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 
Sec. 505 HOMELAND SECURITY ACT OF 2002 114

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. ø6 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. ø6 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. 
115 Sec. 507 HOMELAND SECURITY ACT OF 2002

SEC. 507. ø6 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 manmade 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; 
Sec. 507 HOMELAND SECURITY ACT OF 2002 116

(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 
117 Sec. 508 HOMELAND SECURITY ACT OF 2002

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 multiagency 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. ø6 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. 
Sec. 508 HOMELAND SECURITY ACT OF 2002 118

(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 standardssetting 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 
119 Sec. 509 HOMELAND SECURITY ACT OF 2002

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. ø6 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 
Sec. 510 HOMELAND SECURITY ACT OF 2002 120

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. ø6 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 manmade 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 tem-
121 Sec. 511 HOMELAND SECURITY ACT OF 2002

porary 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. ø6 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 manmade 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.—
Sec. 512 HOMELAND SECURITY ACT OF 2002 122

(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. ø6 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 manmade 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 
123 Sec. 513 HOMELAND SECURITY ACT OF 2002

(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. ø6 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; 
Sec. 514 HOMELAND SECURITY ACT OF 2002 124

(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 PostKatrina Emergency Management Reform Act of 2006; and 

(11) any other duties as assigned by the Administrator. 

SEC. 514. ø6 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. ø6 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 
125 Sec. 517 HOMELAND SECURITY ACT OF 2002

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. ø6 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. ø6 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 En-
Sec. 518 HOMELAND SECURITY ACT OF 2002 126

ergy 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. ø6 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. ø6 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. ø6 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. ø6 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 natu-
127 Sec. 522 HOMELAND SECURITY ACT OF 2002

1The 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). 

rally occurring infectious disease or other public health threat that 

are not security countermeasures under section 319F–2(c)(1)(B). 1

(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. ø6 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 govern-
Sec. 523 HOMELAND SECURITY ACT OF 2002 128

ment 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. ø6 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. 
129 Sec. 523 HOMELAND SECURITY ACT OF 2002

SEC. 524. ø6 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 
Sec. 523 HOMELAND SECURITY ACT OF 2002 130

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 
131 Sec. 523 HOMELAND SECURITY ACT OF 2002

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 
Sec. 523 HOMELAND SECURITY ACT OF 2002 132

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; 
133 Sec. 523 HOMELAND SECURITY ACT OF 2002

(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 
Sec. 601 HOMELAND SECURITY ACT OF 2002 134

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. ø6 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. 
135 Sec. 601 HOMELAND SECURITY ACT OF 2002

(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 
Sec. 601 HOMELAND SECURITY ACT OF 2002 136

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 
137 Sec. 701 HOMELAND SECURITY ACT OF 2002

(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. ø6 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. 
Sec. 701 HOMELAND SECURITY ACT OF 2002 138

(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 
139 Sec. 702 HOMELAND SECURITY ACT OF 2002

(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. ø6 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. 
Sec. 703 HOMELAND SECURITY ACT OF 2002 140

(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. ø6 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. 
141 Sec. 703 HOMELAND SECURITY ACT OF 2002

(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 EGovernment 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 
Sec. 704 HOMELAND SECURITY ACT OF 2002 142

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. ø6 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. ø6 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. 
143 Sec. 707 HOMELAND SECURITY ACT OF 2002

(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. ø6 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. ø6 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 na-
Sec. 707 HOMELAND SECURITY ACT OF 2002 144

tional 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 se-
145 Sec. 801 HOMELAND SECURITY ACT OF 2002

curity 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 NONFEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS 

Subtitle A—Coordination with Non-Federal 

Entities 

SEC. 801. ø6 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 
Sec. 811 HOMELAND SECURITY ACT OF 2002 146

(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 

øSEC. 811. Repealed¿

* * * * * * *

SEC. 812. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL 

AGENTS. 

(a) * * *

* * * * * * *

(b) ø5 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) ø5 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. ø6 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 dis-
147 Sec. 831 HOMELAND SECURITY ACT OF 2002

tinct entity within the Department, including the functions of the 

Secretary of the Treasury relating thereto. 

Subtitle D—Acquisitions 

SEC. 831. ø6 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. 
Sec. 832 HOMELAND SECURITY ACT OF 2002 148

(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. ø6 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. ø6 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—
149 Sec. 833 HOMELAND SECURITY ACT OF 2002

(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. 
Sec. 834 HOMELAND SECURITY ACT OF 2002 150

(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. ø6 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 costrelated or price-related factors. 

SEC. 835. ø6 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 sub-
151 Sec. 835 HOMELAND SECURITY ACT OF 2002

stantially 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 
Sec. 841 HOMELAND SECURITY ACT OF 2002 152

(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. ø6 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 PER- SONNEL HOLDING PERMANENT POSITIONS.—Except as otherwise 

provided in this Act, the transfer under this Act of full-time 

personnel (except special Government employees) and parttime 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. 
153 Sec. 842 HOMELAND SECURITY ACT OF 2002

(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. ø6 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. 
Sec. 843 HOMELAND SECURITY ACT OF 2002 154

(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. ø6 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—
155 Sec. 844 HOMELAND SECURITY ACT OF 2002

(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. 
Sec. 845 HOMELAND SECURITY ACT OF 2002 156

(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 broadbased 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.—
157 Sec. 845 HOMELAND SECURITY ACT OF 2002

(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. 
Sec. 851 HOMELAND SECURITY ACT OF 2002 158

Subtitle F—Federal Emergency 

Procurement Flexibility 

SEC. 851. ø6 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. ø6 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. ø6 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. ø6 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. ø6 U.S.C. 425¿ APPLICATION OF CERTAIN COMMERCIAL ITEMS 

AUTHORITIES TO CERTAIN PROCUREMENTS. 

(a) AUTHORITY.—
159 Sec. 856 HOMELAND SECURITY ACT OF 2002

(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 ClingerCohen 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. ø6 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 com-
Sec. 857 HOMELAND SECURITY ACT OF 2002 160

petitive 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. ø6 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. ø6 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 
161 Sec. 863 HOMELAND SECURITY ACT OF 2002

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. ø6 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. ø6 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 antiterrorism 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. ø6 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 
Sec. 863 HOMELAND SECURITY ACT OF 2002 162

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 nonFederal 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 
163 Sec. 864 HOMELAND SECURITY ACT OF 2002

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. ø6 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 
Sec. 865 HOMELAND SECURITY ACT OF 2002 164

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 antiterrorism 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. ø6 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; 
165 Sec. 871 HOMELAND SECURITY ACT OF 2002

(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. ø6 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 
Sec. 872 HOMELAND SECURITY ACT OF 2002 166

1Section 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. 

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. ø6 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. ø6 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. 

(c) BUDGET REQUEST.—Under section 1105 of title 31, United 

States Code, the President shall submit to Congress a detailed 
167 Sec. 877 HOMELAND SECURITY ACT OF 2002

budget request for the Department for fiscal year 2004, and for 

each subsequent fiscal year. 

SEC. 874. ø6 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. ø6 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. ø6 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. ø6 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 reg-
Sec. 878 HOMELAND SECURITY ACT OF 2002 168

ulatory 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. ø6 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; 
169 Sec. 878 HOMELAND SECURITY ACT OF 2002

(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 
Sec. 879 HOMELAND SECURITY ACT OF 2002 170

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 INFORMA- TION.—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. ø6 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. ø6 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. ø6 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 
171 Sec. 882 HOMELAND SECURITY ACT OF 2002

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. ø6 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 
Sec. 883 HOMELAND SECURITY ACT OF 2002 172

(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. ø6 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. ø6 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. ø6 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. 
173 Sec. 887 HOMELAND SECURITY ACT OF 2002

(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. ø6 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. ø6 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 
Sec. 888 HOMELAND SECURITY ACT OF 2002 174

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. ø6 U.S.C. 468¿ PRESERVING COAST GUARD MISSION PERFORMANCE. 

(a) DEFINITIONS.—In this section: 

(1) NON-HOMELAND SECURITY MISSIONS.—The term ‘‘nonhomeland 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.—
175 Sec. 888 HOMELAND SECURITY ACT OF 2002

(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; 
Sec. 889 HOMELAND SECURITY ACT OF 2002 176

(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) ø31 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. ø6 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. 
177 Sec. 892 HOMELAND SECURITY ACT OF 2002

(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. ø6 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; 
Sec. 892 HOMELAND SECURITY ACT OF 2002 178

(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 other-
179 Sec. 892 HOMELAND SECURITY ACT OF 2002

wise 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. 
Sec. 893 HOMELAND SECURITY ACT OF 2002 180

(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. ø6 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: 
181 Sec. 899B HOMELAND SECURITY ACT OF 2002

(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. ø6 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. ø6 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. ø6 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 FACILI- TIES.— (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—
Sec. 899B HOMELAND SECURITY ACT OF 2002 182

(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. 
183 Sec. 899B HOMELAND SECURITY ACT OF 2002

(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 
Sec. 899B HOMELAND SECURITY ACT OF 2002 184

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 
185 Sec. 899D HOMELAND SECURITY ACT OF 2002

person shall have an opportunity to appeal, as provided in 

paragraph (4). 

SEC. 899C. ø6 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. ø6 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 
Sec. 899E HOMELAND SECURITY ACT OF 2002 186

(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. ø6 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. ø6 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; 
187 Sec. 899I HOMELAND SECURITY ACT OF 2002

(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. ø6 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. ø6 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. ø6 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 HOMELAND SECURITY ACT OF 2002 188

1 A period probably should appear prior to the dash in the heading for subsection (a) of section 

903. 

SEC. 899J. ø6 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. ø6 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. ø6 U.S.C. 492¿ FUNCTION. 

The function of the Council shall be to advise the President on 

homeland security matters. 

SEC. 903. ø6 U.S.C. 493¿ MEMBERSHIP. 

(a) MEMBERS— 1The members of the Council shall be the following: 

(1) The President. 

(2) The Vice President. 

(3) The Secretary of Homeland Security. 

(4) The Attorney General. 

(5) The Secretary of Defense. 

(6) Such other individuals as may be designated by the 

President. 

(b) ATTENDANCE OF CHAIRMAN OF JOINT CHIEFS OF STAFF AT

MEETINGS.—The Chairman of the Joint Chiefs of Staff (or, in the 

absence of the Chairman, the Vice Chairman of the Joint Chiefs of 

Staff) may, in the role of the Chairman of the Joint Chiefs of Staff 

as principal military adviser to the Council and subject to the direction of the President, attend and participate in meetings of the 

Council. 

SEC. 904. ø6 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. ø6 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 
189 Sec. 1101 HOMELAND SECURITY ACT OF 2002

Secretary at a rate not to exceed the rate of pay payable to the Executive Secretary of the National Security Council. 

SEC. 906. ø6 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) ø6 U.S.C. 101 note¿ SHORT TITLE.—This title may be cited 

as the ‘‘Federal Information Security Management Act of 2002’’. 

* * * * * * *

(c) ø6 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. ø6 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) ø6 U.S.C. 521¿ EXISTENCE OF EOIR.—There is in the Department of Justice the Executive Office for Immigration Review, 
Sec. 1103 HOMELAND SECURITY ACT OF 2002 190

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. ø6 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. ø6 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 
191 Sec. 1114 HOMELAND SECURITY ACT OF 2002

(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. ø6 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 
Sec. 1115 HOMELAND SECURITY ACT OF 2002 192

(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. ø6 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. ø18 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) ø18 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, 
193 Sec. 1303 HOMELAND SECURITY ACT OF 2002

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. ø5 U.S.C. 101 note¿ SHORT TITLE. 

This title may be cited as the ‘‘Chief Human Capital Officers 

Act of 2002’’. 

* * * * * * *

SEC. 1303. ø5 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 HOMELAND SECURITY ACT OF 2002 194

SEC. 1305. ø5 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) ø5 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) ø5 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) ø5 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) ø5 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) ø5 U.S.C. 8336 note¿ REGULATIONS.—The Office of Personnel Management may prescribe regulations to carry out this 

subsection. 

(c) ø5 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. 

* * * * * * *
195 Sec. 1332 HOMELAND SECURITY ACT OF 2002

Subtitle C—Reforms Relating to the Senior 

Executive Service 

* * * * * * *

SEC. 1321. REPEAL OF RECERTIFICATION REQUIREMENTS OF SENIOR 

EXECUTIVES. 

(a) * * *

* * * * * * *

(b) ø5 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) ø5 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) ø5 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 
Sec. 1401 HOMELAND SECURITY ACT OF 2002 196

(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. ø49 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) ø6 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 
197 Sec. 1502 HOMELAND SECURITY ACT OF 2002

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. ø6 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. ø6 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. 
Sec. 1503 HOMELAND SECURITY ACT OF 2002 198

(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. ø6 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. ø6 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 
199 Sec. 1512 HOMELAND SECURITY ACT OF 2002

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. ø6 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, 
Sec. 1512 HOMELAND SECURITY ACT OF 2002 200

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. 
201 Sec. 1702 HOMELAND SECURITY ACT OF 2002

SEC. 1513. ø6 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. ø6 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. ø6 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. ø6 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. ø6 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) ø5 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 HOMELAND SECURITY ACT OF 2002 202

SEC. 1703. UNITED STATES SECRET SERVICE. 

(a) * * *

(b) ø3 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) ø10 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) ø42 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) ø40 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. ø50 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. ø6 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. 
203 Sec. 1801 HOMELAND SECURITY ACT OF 2002

TITLE XVIII—EMERGENCY 

COMMUNICATIONS 

SEC. 1801. ø6 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 manmade 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 oper-
Sec. 1801 HOMELAND SECURITY ACT OF 2002 204

ation 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 
205 Sec. 1802 HOMELAND SECURITY ACT OF 2002

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. ø6 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-
Sec. 1803 HOMELAND SECURITY ACT OF 2002 206

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 shortterm 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. ø6 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 
207 Sec. 1804 HOMELAND SECURITY ACT OF 2002

(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 manmade 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 manmade disasters. 

SEC. 1804. ø6 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.—
Sec. 1805 HOMELAND SECURITY ACT OF 2002 208

(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. ø6 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. 
209 Sec. 1805 HOMELAND SECURITY ACT OF 2002

(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 HOMELAND SECURITY ACT OF 2002 210

SEC. 1806. ø6 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. ø6 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 
211 Sec. 1809 HOMELAND SECURITY ACT OF 2002

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. ø6 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. ø6 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 activi-
Sec. 1809 HOMELAND SECURITY ACT OF 2002 212

ties 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 
213 Sec. 1809 HOMELAND SECURITY ACT OF 2002

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 
Sec. 1810 HOMELAND SECURITY ACT OF 2002 214

(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. ø6 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 
215 Sec. 1810 HOMELAND SECURITY ACT OF 2002

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. 
Sec. 1901 HOMELAND SECURITY ACT OF 2002 216

(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. ø6 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. ø6 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 De-
217 Sec. 1902 HOMELAND SECURITY ACT OF 2002

fense, 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; 
Sec. 1903 HOMELAND SECURITY ACT OF 2002 218

(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. ø6 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. ø6 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. ø6 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. ø6 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—
219 Sec. 1907 HOMELAND SECURITY ACT OF 2002

(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. ø6 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, as-
Sec. 2001 HOMELAND SECURITY ACT OF 2002 220

sessment, 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. ø6 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. 
221 Sec. 2001 HOMELAND SECURITY ACT OF 2002

(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 popu-
Sec. 2002 HOMELAND SECURITY ACT OF 2002 222

lation 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. ø6 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). 
223 Sec. 2003 HOMELAND SECURITY ACT OF 2002

(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. ø6 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 highrisk 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 
Sec. 2003 HOMELAND SECURITY ACT OF 2002 224

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 highrisk 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.—
225 Sec. 2003 HOMELAND SECURITY ACT OF 2002

(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 highrisk 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 Adminis-
Sec. 2004 HOMELAND SECURITY ACT OF 2002 226

trator that the State has made available to the applicable highrisk 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. ø6 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 
227 Sec. 2004 HOMELAND SECURITY ACT OF 2002

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 
Sec. 2005 HOMELAND SECURITY ACT OF 2002 228

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. ø6 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, di-
229 Sec. 2006 HOMELAND SECURITY ACT OF 2002

rectly 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. ø6 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 
Sec. 2006 HOMELAND SECURITY ACT OF 2002 230

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 manmade 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 
231 Sec. 2007 HOMELAND SECURITY ACT OF 2002

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. ø6 U.S.C. 608¿ PRIORITIZATION. 

(a) IN GENERAL.—In allocating funds among States and highrisk 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; 
Sec. 2008 HOMELAND SECURITY ACT OF 2002 232

(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. ø6 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; 
233 Sec. 2008 HOMELAND SECURITY ACT OF 2002

(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 
Sec. 2008 HOMELAND SECURITY ACT OF 2002 234

(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 
235 Sec. 2021 HOMELAND SECURITY ACT OF 2002

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. ø6 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.—
Sec. 2021 HOMELAND SECURITY ACT OF 2002 236

(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 highrisk 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 manmade 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; 
237 Sec. 2022 HOMELAND SECURITY ACT OF 2002

(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. ø6 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 organizationwide 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 
Sec. 2022 HOMELAND SECURITY ACT OF 2002 238

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 highrisk 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.). 
239 Sec. 2022 HOMELAND SECURITY ACT OF 2002

(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. 
Sec. 2022 HOMELAND SECURITY ACT OF 2002 240

(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). 
241 Sec. 2022 HOMELAND SECURITY ACT OF 2002

(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 
Sec. 2022 HOMELAND SECURITY ACT OF 2002 242

(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 
243 Sec. 2022 HOMELAND SECURITY ACT OF 2002

(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.