H. R. 5005
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
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) 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—Directorate for Information Analysis and Infrastructure Protection;
Access to Information
Sec. 201. Directorate for Information Analysis and Infrastructure Protection.
Sec. 202. Access to information.
Subtitle B—Critical Infrastructure Information
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Designation of critical infrastructure protection program.
Sec. 214. Protection of voluntarily shared critical infrastructure information.
Sec. 215. No private right of action.
Subtitle C—Information Security
Sec. 221. Procedures for sharing information.
Sec. 222. Privacy Officer.
Sec. 223. Enhancement of non-Federal cybersecurity.
Sec. 224. Net guard.
Sec. 225. Cyber Security Enhancement Act of 2002.
Subtitle D—Office of Science and Technology
Sec. 231. Establishment of office; Director.
Sec. 232. Mission of office; duties.
Sec. 233. Definition of law enforcement technology.
Sec. 234. Abolishment of Office of Science and Technology of National Institute of
Justice; transfer of functions.
Sec. 235. National Law Enforcement and Corrections Technology Centers.
Sec. 236. Coordination with other entities within Department of Justice.
Sec. 237. Amendments relating to National Institute of Justice.
TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND
SECURITY
Sec. 301. Under Secretary for Science and Technology.
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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 Agri-
culture.
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.
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 enti-
ty.
Sec. 425. Explosive detection systems.
Sec. 426. Transportation security.
Sec. 427. Coordination of information and information technology.
Sec. 428. Visa issuance.
Sec. 429. Information on visa denials required to be entered into electronic data
system.
Sec. 430. Office for Domestic Preparedness.
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, Cali-
fornia.
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.
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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 ac-
tion.
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—EMERGENCY PREPAREDNESS AND RESPONSE
Sec. 501. Under Secretary for Emergency Preparedness and Response.
Sec. 502. Responsibilities.
Sec. 503. Functions transferred.
Sec. 504. Nuclear incident response.
Sec. 505. Conduct of certain public health-related activities.
Sec. 506. Definition.
Sec. 507. Role of Federal Emergency Management Agency.
Sec. 508. Use of national private sector networks in emergency response.
Sec. 509. Use of commercially available technology, goods, and services.
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.
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.
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.
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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 procure-
ments.
Sec. 856. Use of streamlined procedures.
Sec. 857. Review and report by Comptroller General.
Sec. 858. Identification of new entrants into the Federal marketplace.
Subtitle G—Support Anti-terrorism by Fostering Effective Technologies Act of 2002
Sec. 861. Short title.
Sec. 862. Administration.
Sec. 863. Litigation management.
Sec. 864. Risk management.
Sec. 865. Definitions.
Subtitle H—Miscellaneous Provisions
Sec. 871. Advisory committees.
Sec. 872. Reorganization.
Sec. 873. Use of appropriated funds.
Sec. 874. Future Year Homeland Security Program.
Sec. 875. Miscellaneous authorities.
Sec. 876. Military activities.
Sec. 877. Regulatory authority and preemption.
Sec. 878. Counternarcotics officer.
Sec. 879. Office of International Affairs.
Sec. 880. Prohibition of the Terrorism Information and Prevention System.
Sec. 881. Review of pay and benefit plans.
Sec. 882. Office for National Capital Region Coordination.
Sec. 883. Requirement to comply with laws protecting equal employment oppor-
tunity 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.
TITLE IX—NATIONAL HOMELAND SECURITY COUNCIL
Sec. 901. National Homeland Security Council.
Sec. 902. Function.
Sec. 903. Membership.
Sec. 904. Other functions and activities.
Sec. 905. Staff composition.
Sec. 906. Relation to the National Security Council.
TITLE X—INFORMATION SECURITY
Sec. 1001. Information security.
Sec. 1002. Management of information technology.
Sec. 1003. National Institute of Standards and Technology.
Sec. 1004. Information Security and Privacy Advisory Board.
Sec. 1005. Technical and conforming amendments.
Sec. 1006. Construction.
TITLE XI—DEPARTMENT OF JUSTICE DIVISIONS
Subtitle A—Executive Office for Immigration Review
Sec. 1101. Legal status of EOIR.
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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 Ex-
plosives.
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 assist-
ance.
Sec. 1126. Relief from disabilities.
Sec. 1127. Theft reporting requirement.
Sec. 1128. Authorization of appropriations.
TITLE XII—AIRLINE WAR RISK INSURANCE LEGISLATION
Sec. 1201. Air carrier liability for third party claims arising out of acts of terrorism.
Sec. 1202. Extension of insurance policies.
Sec. 1203. Correction of reference.
Sec. 1204. Report.
TITLE XIII—FEDERAL WORKFORCE IMPROVEMENT
Subtitle A—Chief Human Capital Officers
Sec. 1301. Short title.
Sec. 1302. Agency Chief Human Capital Officers.
Sec. 1303. Chief Human Capital Officers Council.
Sec. 1304. Strategic human capital management.
Sec. 1305. Effective date.
Subtitle B—Reforms Relating to Federal Human Capital Management
Sec. 1311. Inclusion of agency human capital strategic planning in performance
plans and programs performance reports.
Sec. 1312. Reform of the competitive service hiring process.
Sec. 1313. Permanent extension, revision, and expansion of authorities for use of
voluntary separation incentive pay and voluntary early retirement.
Sec. 1314. Student volunteer transit subsidy.
Subtitle C—Reforms Relating to the Senior Executive Service
Sec. 1321. Repeal of recertification requirements of senior executives.
Sec. 1322. Adjustment of limitation on total annual compensation.
Subtitle D—Academic Training
Sec. 1331. Academic training.
Sec. 1332. Modifications to National Security Education Program.
TITLE XIV—ARMING PILOTS AGAINST TERRORISM
Sec. 1401. Short title.
Sec. 1402. Federal Flight Deck Officer Program.
Sec. 1403. Crew training.
Sec. 1404. Commercial airline security study.
Sec. 1405. Authority to arm flight deck crew with less-than-lethal weapons.
Sec. 1406. Technical amendments.
TITLE XV—TRANSITION
Subtitle A—Reorganization Plan
Sec. 1501. Definitions.
Sec. 1502. Reorganization plan.
Sec. 1503. Review of congressional committee structures.
Subtitle B—Transitional Provisions
Sec. 1511. Transitional authorities.
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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 screen-
ers.
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 authori-
ties.
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.
SEC. 2. 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 Fed-
eral, State, and local emergency public safety, 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.
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(9) The term ‘‘key resources’’ means publicly or privately
controlled resources essential to the minimal operations of the
economy and government.
(10) 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 cor-
poration under State law), regional or interstate govern-
ment entity, or agency or instrumentality of a local govern-
ment;
(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.
(11) 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).
(12) The term ‘‘personnel’’ means officers and employees.
(13) The term ‘‘Secretary’’ means the Secretary of Home-
land Security.
(14) 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.
(15) 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.
(16)(A) The term ‘‘United States’’, when used in a
geographic sense, means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, any possession of the United
States, and any waters within the jurisdiction of the United
States.
(B) Nothing in this paragraph or any other provision of
this Act shall be construed to modify the definition of ‘‘United
States’’ for the purposes of the Immigration and Nationality
Act or any other immigration or nationality law.
SEC. 3. 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
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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. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of enactment.
TITLE I—DEPARTMENT OF HOMELAND
SECURITY
SEC. 101. 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 sub-
divisions 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; and
(G) monitor connections between illegal drug traf-
ficking 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, pri-
mary 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. SECRETARY; FUNCTIONS.
(a) SECRETARY.—
(1) IN GENERAL.—There is a Secretary of Homeland Secu-
rity, 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.
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(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 Depart-
ments.
(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 Fed-
eral Government’s communications and systems of communica-
tions relating to homeland security with State and local govern-
ment personnel, agencies, and authorities, the private sector,
other entities, and the public; and
(3) distributing or, as appropriate, coordinating the dis-
tribution 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 trans-
ferred 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 Depart-
ment to protect the American homeland;
(2) advising the Secretary on the impact of the Depart-
ment’s policies, regulations, processes, and actions on the pri-
vate sector;
(3) interfacing with other relevant Federal agencies with
homeland security missions to assess the impact of these agen-
cies’ actions on the private sector;
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(4) creating and managing private sector advisory councils
composed of representatives of industries and associations des-
ignated by the Secretary to—
(A) advise the Secretary on private sector products,
applications, and solutions as they relate to homeland secu-
rity challenges; and
(B) advise the Secretary on homeland security policies,
regulations, processes, and actions that affect the partici-
pating industries and associations;
(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 home-
land 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; and
(7) assisting in the development and promotion of private
sector best practices to secure critical infrastructure.
(g) STANDARDS POLICY.—All standards activities of the Depart-
ment shall be conducted in accordance with section 12(d) of the
National Technology Transfer Advancement Act of 1995 (15 U.S.C.
272 note) and Office of Management and Budget Circular A–119.
SEC. 103. OTHER OFFICERS.
(a) DEPUTY SECRETARY; UNDER SECRETARIES.—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 Information Analysis and Infra-
structure Protection.
(3) An Under Secretary for Science and Technology.
(4) An Under Secretary for Border and Transportation
Security.
(5) An Under Secretary for Emergency Preparedness and
Response.
(6) A Director of the Bureau of Citizenship and Immigration
Services.
(7) An Under Secretary for Management.
(8) Not more than 12 Assistant Secretaries.
(9) A General Counsel, who shall be the chief legal officer
of the Department.
(b) INSPECTOR GENERAL.—There is an Inspector General, who
shall be appointed as provided in section 3(a) of the Inspector
General Act of 1978.
(c) COMMANDANT OF THE COAST GUARD.—To assist the Sec-
retary 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.
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(d) OTHER OFFICERS.—To assist the Secretary in the perform-
ance 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) A Chief Human Capital Officer.
(4) A Chief Financial Officer.
(5) An Officer for Civil Rights and Civil Liberties.
(e) 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.
TITLE II—INFORMATION ANALYSIS AND
INFRASTRUCTURE PROTECTION
Subtitle A—Directorate for Information
Analysis and Infrastructure Protection;
Access to Information
SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND INFRA-
STRUCTURE PROTECTION.
(a) UNDER SECRETARY OF HOMELAND SECURITY FOR INFORMA-
TION ANALYSIS AND INFRASTRUCTURE PROTECTION.—
(1) IN GENERAL.—There shall be in the Department a Direc-
torate for Information Analysis and Infrastructure Protection
headed by an Under Secretary for Information Analysis and
Infrastructure Protection, who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
(2) RESPONSIBILITIES.—The Under Secretary shall assist
the Secretary in discharging the responsibilities assigned by
the Secretary.
(b) ASSISTANT SECRETARY FOR INFORMATION ANALYSIS; ASSIST-
ANT SECRETARY FOR INFRASTRUCTURE PROTECTION.—
(1) ASSISTANT
SECRETARY
FOR
INFORMATION
ANALYSIS.—
There shall be in the Department an Assistant Secretary for
Information Analysis, who shall be appointed by the President.
(2) ASSISTANT
SECRETARY
FOR
INFRASTRUCTURE
PROTEC-
TION.—There shall be in the Department an Assistant Secretary
for Infrastructure Protection, who shall be appointed by the
President.
(3) 
RESPONSIBILITIES.—The 
Assistant 
Secretary 
for
Information Analysis and the Assistant Secretary for Infra-
structure Protection shall assist the Under Secretary for
Information Analysis and Infrastructure Protection in dis-
charging the responsibilities of the Under Secretary under this
section.
(c) DISCHARGE OF INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION.—The Secretary shall ensure that the responsibilities
of the Department regarding information analysis and infrastruc-
ture protection are carried out through the Under Secretary for
Information Analysis and Infrastructure Protection.
(d) RESPONSIBILITIES OF UNDER SECRETARY.—Subject to the
direction and control of the Secretary, the responsibilities of the
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Under Secretary for Information Analysis and Infrastructure Protec-
tion shall be as follows:
(1) To access, receive, and analyze law enforcement
information, intelligence information, and other information
from agencies of the Federal Government, State and local
government agencies (including law enforcement agencies), and
private sector entities, and to integrate such information in
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 assess-
ments to determine the risks posed by particular types of
terrorist attacks within the United States (including an assess-
ment 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 vulner-
ability 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 authori-
ties, 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 sys-
tems (including satellites), electronic financial and property
record storage and transmission systems, emergency prepared-
ness communications systems, and the physical and techno-
logical 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 administer the Homeland Security Advisory System,
including—
(A) 
exercising 
primary 
responsibility 
for 
public
advisories related to threats to homeland security; and
(B) in coordination with other agencies of the Federal
Government, providing specific warning information, and
advice about appropriate protective measures and counter-
measures, to State and local government agencies and
authorities, the private sector, other entities, and the
public.
H. R. 5005—13
(8) To review, analyze, and make recommendations for
improvements in the policies and procedures governing the
sharing of law enforcement information, intelligence informa-
tion, intelligence-related information, and other information
relating to homeland security within the Federal Government
and between the Federal Government and State and local
government agencies and authorities.
(9) 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 govern-
ments 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.
(10) To consult with the Director of Central Intelligence
and other appropriate intelligence, law enforcement, or other
elements of the Federal Government to establish collection
priorities and strategies for information, including law enforce-
ment-related information, relating to threats of terrorism
against the United States through such means as the represen-
tation of the Department in discussions regarding requirements
and priorities in the collection of such information.
(11) To consult with State and local governments and pri-
vate sector entities to ensure appropriate exchanges of informa-
tion, including law enforcement-related information, relating
to threats of terrorism against the United States.
(12) To ensure that—
(A) any material received pursuant to this Act is pro-
tected 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 Central Intelligence to protect
intelligence sources and methods under the National Secu-
rity Act of 1947 (50 U.S.C. 401 et seq.) and related proce-
dures and, as appropriate, similar authorities of the
Attorney General concerning sensitive law enforcement
information.
(13) To request additional information from other agencies
of the Federal Government, State and local government agen-
cies, 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.
(14) 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.
(15) 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—
H. R. 5005—14
(A) are compatible with one another and with relevant
information databases of other agencies of the Federal
Government; and
(B) treat information in such databases in a manner
that complies with applicable Federal law on privacy.
(16) To coordinate training and other support to the ele-
ments 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.
(17) To coordinate with elements of the intelligence commu-
nity and with Federal, State, and local law enforcement agen-
cies, and the private sector, as appropriate.
(18) To provide intelligence and information analysis and
support to other elements of the Department.
(19) To perform such other duties relating to such respon-
sibilities as the Secretary may provide.
(e) STAFF.—
(1) IN GENERAL.—The Secretary shall provide the Direc-
torate with a staff of analysts having appropriate expertise
and experience to assist the Directorate in discharging respon-
sibilities under this section.
(2) PRIVATE SECTOR ANALYSTS.—Analysts under this sub-
section 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 Directorate in dis-
charging 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.
(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 agree-
ments for the purpose of detailing personnel under this sub-
section.
(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
Under Secretary for Information Analysis and Infrastructure Protec-
tion under this section, the functions, personnel, assets, and liabil-
ities of the following:
H. R. 5005—15
(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 Depart-
ment 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 Sec-
retary 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.
(h) INCLUSION
OF CERTAIN ELEMENTS
OF
THE DEPARTMENT
AS ELEMENTS OF THE INTELLIGENCE COMMUNITY.—Section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401(a)) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (I);
(2) by redesignating subparagraph (J) as subparagraph
(K); and
(3) by inserting after subparagraph (I) the following new
subparagraph:
‘‘(J) the elements of the Department of Homeland Secu-
rity concerned with the analyses of foreign intelligence
information; and’’.
SEC. 202. ACCESS TO INFORMATION.
(a) IN GENERAL.—
(1) THREAT AND VULNERABILITY INFORMATION.—Except as
otherwise directed by the President, the Secretary shall have
such access as the Secretary considers necessary to all informa-
tion, 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 col-
lected, 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 execu-
tive 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 mate-
rial, access to electronic databases, or both; and
H. R. 5005—16
(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 con-
taining 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 agen-
cies that is required to be given to the Director of Central Intel-
ligence, 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 Proce-
dure.
(d) ACCESS TO INTELLIGENCE AND OTHER INFORMATION.—
(1) ACCESS
BY
ELEMENTS
OF
FEDERAL
GOVERNMENT.—
Nothing in this title shall preclude any element of the intel-
ligence 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 responsi-
bility for analyzing terrorist threat information, from receiving
any intelligence or other information relating to terrorism.
(2) SHARING OF INFORMATION.—The Secretary, in consulta-
tion with the Director of Central Intelligence, shall work to
ensure that intelligence or other information relating to ter-
rorism 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 govern-
ments, as appropriate.
Subtitle B—Critical Infrastructure
Information
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ‘‘Critical Infrastructure
Information Act of 2002’’.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) AGENCY.—The term ‘‘agency’’ has the meaning given
it in section 551 of title 5, United States Code.
H. R. 5005—17
(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 cus-
tomarily 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 infra-
structure or protected systems by either physical or com-
puter-based attack or other similar conduct (including the
misuse of or unauthorized access to all types of communica-
tions 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 incapaci-
tation, including any planned or past assessment, projec-
tion, or estimate of the vulnerability of critical infrastruc-
ture or a protected system, including security testing, risk
evaluation thereto, risk management planning, or risk
audit; or
(C) any planned or past operational problem or solution
regarding critical infrastructure or protected systems,
including repair, recovery, reconstruction, insurance, or
continuity, to the extent it is related to such interference,
compromise, or incapacitation.
(4) CRITICAL INFRASTRUCTURE PROTECTION PROGRAM.—The
term ‘‘critical infrastructure protection program’’ means any
component or bureau of a covered Federal agency that has
been designated by the President or any agency head to receive
critical infrastructure information.
(5) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—
The term ‘‘Information Sharing and Analysis Organization’’
means any formal or informal entity or collaboration created
or employed by public or private sector organizations, for pur-
poses 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, integ-
rity, 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 incapaci-
tation 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 assist-
ance in carrying out the purposes specified in subpara-
graphs (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
H. R. 5005—18
(B) includes any physical or computer-based system,
including a computer, computer system, computer or
communications network, or any component hardware or
element thereof, software program, processing instructions,
or information or data in transmission or storage therein,
irrespective of the medium of transmission or storage.
(7) VOLUNTARY.—
(A) IN GENERAL.—The term ‘‘voluntary’’, in the case
of any submittal of critical infrastructure information to
a covered Federal agency, means the submittal thereof
in the absence of such agency’s exercise of legal authority
to compel access to or submission of such information and
may be accomplished by a single entity or an Information
Sharing and Analysis Organization on behalf of itself or
its members.
(B) EXCLUSIONS.—The term ‘‘voluntary’’—
(i) in the case of any action brought under the
securities laws as is defined in section 3(a)(47) of the
Securities 
Exchange 
Act 
of 
1934 
(15 
U.S.C.
78c(a)(47))—
(I) does not include information or statements
contained in any documents or materials filed with
the Securities and Exchange Commission, or with
Federal banking regulators, pursuant to section
12(i) of the Securities Exchange Act of 1934 (15
U.S.C. 781(I)); and
(II) with respect to the submittal of critical
infrastructure information, does not include any
disclosure or writing that when made accompanied
the solicitation of an offer or a sale of securities;
and
(ii) does not include information or statements sub-
mitted or relied upon as a basis for making licensing
or permitting determinations, or during regulatory pro-
ceedings.
SEC. 213. 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. PROTECTION OF VOLUNTARILY SHARED CRITICAL INFRA-
STRUCTURE 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, reconstitu-
tion, 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);
H. R. 5005—19
(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 com-
mittee; or
(II) to the Comptroller General, or any author-
ized representative of the Comptroller General, in
the course of the performance of the duties of
the General Accounting Office.
(E) shall not, if provided to a State or local government
or government agency—
(i) be made available pursuant to any State or
local law requiring disclosure of information or records;
(ii) otherwise be disclosed or distributed to any
party by said State or local government or government
agency without the written consent of the person or
entity submitting such information; or
(iii) be used other than for the purpose of pro-
tecting 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 privi-
lege 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 require-
ments of the Federal Advisory Committee Act (5 U.S.C. App. 2).
H. R. 5005—20
(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 infra-
structure 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 rep-
resentatives of the National Security Council and the Office
of Science and Technology Policy, establish uniform procedures
for the receipt, care, and storage by Federal agencies of critical
infrastructure information that is voluntarily submitted to the
Government. The procedures shall be established not later than
90 days after the date of the enactment of this subtitle.
(2) ELEMENTS.—The procedures established under para-
graph (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 confiden-
tiality 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 submit-
ting 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
H. R. 5005—21
regarding potential threats to critical infrastructure as appropriate.
In issuing a warning, the Federal Government shall take appro-
priate actions to protect from disclosure—
(1) the source of any voluntarily submitted critical infra-
structure 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. NO PRIVATE RIGHT OF ACTION.
Nothing in this subtitle may be construed to create a private
right of action for enforcement of any provision of this Act.
Subtitle C—Information Security
SEC. 221. PROCEDURES FOR SHARING INFORMATION.
The Secretary shall establish procedures on the use of informa-
tion 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 informa-
tion;
(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. PRIVACY OFFICER.
The Secretary shall appoint a senior official in the Department
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; and
(5) 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.
H. R. 5005—22
SEC. 223. ENHANCEMENT OF NON-FEDERAL CYBERSECURITY.
In carrying out the responsibilities under section 201, the Under
Secretary for Information Analysis and 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 Emer-
gency Preparedness and Response, crisis management sup-
port 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 sys-
tems.
SEC. 224. NET GUARD.
The Under Secretary for Information Analysis and Infrastruc-
ture 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 informa-
tion systems and communications networks.
SEC. 225. CYBER SECURITY ENHANCEMENT ACT OF 2002.
(a) SHORT TITLE.—This section may be cited as the ‘‘Cyber
Security Enhancement Act of 2002’’.
(b) AMENDMENT OF SENTENCING GUIDELINES RELATING TO CER-
TAIN COMPUTER CRIMES.—
(1) DIRECTIVE TO THE UNITED STATES SENTENCING COMMIS-
SION.—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 appro-
priate punishment to prevent such offenses;
(B) consider the following factors and the extent to
which the guidelines may or may not account for them—
(i) the potential and actual loss resulting from
the offense;
(ii) the level of sophistication and planning
involved in the offense;
(iii) whether the offense was committed for pur-
poses of commercial advantage or private financial ben-
efit;
H. R. 5005—23
(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 miti-
gating 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 statu-
tory penalties for offenses under section 1030 of title 18, United
States Code.
(d) EMERGENCY DISCLOSURE EXCEPTION.—
(1) IN GENERAL.—Section 2702(b) of title 18, United States
Code, is amended—
(A) in paragraph (5), by striking ‘‘or’’ at the end;
(B) in paragraph (6)(A), by inserting ‘‘or’’ at the end;
(C) by striking paragraph (6)(C); and
(D) by adding at the end the following:
‘‘(7) to a Federal, State, or local governmental entity, if
the provider, in good faith, believes that an emergency involving
danger of death or serious physical injury to any person
requires disclosure without delay of communications relating
to the emergency.’’.
(2) REPORTING OF DISCLOSURES.—A government entity that
receives a disclosure under section 2702(b) of title 18, United
States Code, shall file, not later than 90 days after such disclo-
sure, 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 informa-
tion 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.
(e) GOOD FAITH EXCEPTION.—Section 2520(d)(3) of title 18,
United States Code, is amended by inserting ‘‘or 2511(2)(i)’’ after
‘‘2511(3)’’.
H. R. 5005—24
(f) INTERNET
ADVERTISING
OF
ILLEGAL
DEVICES.—Section
2512(1)(c) of title 18, United States Code, is amended—
(1) by inserting ‘‘or disseminates by electronic means’’ after
‘‘or other publication’’; and
(2) by inserting ‘‘knowing the content of the advertisement
and’’ before ‘‘knowing or having reason to know’’.
(g) STRENGTHENING PENALTIES.—Section 1030(c) of title 18,
United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (3);
(2) in each of subparagraphs (A) and (C) of paragraph
(4), by inserting ‘‘except as provided in paragraph (5),’’ before
‘‘a fine under this title’’;
(3) in paragraph (4)(C), by striking the period at the end
and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(5)(A) if the offender knowingly or recklessly causes or
attempts to cause serious bodily injury from conduct in violation
of subsection (a)(5)(A)(i), a fine under this title or imprisonment
for not more than 20 years, or both; and
‘‘(B) if the offender knowingly or recklessly causes or
attempts to cause death from conduct in violation of subsection
(a)(5)(A)(i), a fine under this title or imprisonment for any
term of years or for life, or both.’’.
(h) PROVIDER ASSISTANCE.—
(1) SECTION 2703.—Section 2703(e) of title 18, United States
Code, is amended by inserting ‘‘, statutory authorization’’ after
‘‘subpoena’’.
(2) SECTION 2511.—Section 2511(2)(a)(ii) of title 18, United
States Code, is amended by inserting ‘‘, statutory authoriza-
tion,’’ after ‘‘court order’’ the last place it appears.
(i) EMERGENCIES.—Section 3125(a)(1) of title 18, United States
Code, is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) in subparagraph (B), by striking the comma at the
end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) an immediate threat to a national security
interest; or
‘‘(D) an ongoing attack on a protected computer (as
defined in section 1030) that constitutes a crime punishable
by a term of imprisonment greater than one year;’’.
(j) PROTECTING PRIVACY.—
(1) SECTION 2511.—Section 2511(4) of title 18, United States
Code, is amended—
(A) by striking paragraph (b); and
(B) by redesignating paragraph (c) as paragraph (b).
(2) SECTION 2701.—Section 2701(b) of title 18, United States
Code, is amended—
(A) in paragraph (1), by inserting ‘‘, or in furtherance
of any criminal or tortious act in violation of the Constitu-
tion or laws of the United States or any State’’ after
‘‘commercial gain’’;
(B) in paragraph (1)(A), by striking ‘‘one year’’ and
inserting ‘‘5 years’’;
(C) in paragraph (1)(B), by striking ‘‘two years’’ and
inserting ‘‘10 years’’; and
H. R. 5005—25
(D) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) in any other case—
‘‘(A) a fine under this title or imprisonment for not
more than 1 year or both, in the case of a first offense
under this paragraph; and
‘‘(B) a fine under this title or imprisonment for not
more than 5 years, or both, in the case of an offense
under this subparagraph that occurs after a conviction
of another offense under this section.’’.
Subtitle D—Office of Science and
Technology
SEC. 231. 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. 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 Com-
mittee 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).
H. R. 5005—26
The program may, at the discretion of the Office, allow for
supplier’s declaration of conformity with such standards.
(5) To work with other entities within the Department
of Justice, other Federal agencies, and the executive office
of the President to establish a coordinated Federal approach
on issues related to law enforcement technology.
(6) To carry out research, development, testing, evaluation,
and cost-benefit analyses in fields that would improve the
safety, effectiveness, and efficiency of law enforcement tech-
nologies 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 mate-
rials for law enforcement personnel, including prosecutors.
(10) To operate the regional National Law Enforcement
and Corrections Technology Centers and, to the extent nec-
essary, establish additional centers through a competitive
process.
(11) To administer a program of acquisition, research,
development, and dissemination of advanced investigative anal-
ysis and forensic tools to assist State and local law enforcement
agencies in combating cybercrime.
(12) To support research fellowships in support of its mis-
sion.
(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 activi-
ties 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.
H. R. 5005—27
(16) To carry out other duties assigned by the Attorney
General to accomplish the mission of the Office.
(c) COMPETITION REQUIRED.—Except as otherwise expressly pro-
vided 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 prohib-
ited 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.
(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 mat-
ters 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. DEFINITION OF LAW ENFORCEMENT TECHNOLOGY.
For the purposes of this title, the term ‘‘law enforcement tech-
nology’’ includes investigative and forensic technologies, corrections
technologies, and technologies that support the judicial process.
SEC. 234. ABOLISHMENT OF OFFICE OF SCIENCE AND TECHNOLOGY
OF NATIONAL INSTITUTE OF JUSTICE; TRANSFER OF
FUNCTIONS.
(a) AUTHORITY TO TRANSFER FUNCTIONS.—The Attorney Gen-
eral may transfer to the Office any other program or activity of
the Department of Justice that the Attorney General, in consulta-
tion with the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives, deter-
mines to be consistent with the mission of the Office.
(b) TRANSFER
OF PERSONNEL
AND ASSETS.—With respect to
any function, power, or duty, or any program or activity, that
is established in the Office, those employees and assets of the
element of the Department of Justice from which the transfer
is made that the Attorney General determines are needed to perform
that function, power, or duty, or for that program or activity,
as the case may be, shall be transferred to the Office.
H. R. 5005—28
(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. NATIONAL LAW ENFORCEMENT AND CORRECTIONS TECH-
NOLOGY CENTERS.
(a) IN GENERAL.—The Director of the Office shall operate and
support National Law Enforcement and Corrections Technology
Centers (hereinafter in this section referred to as ‘‘Centers’’) and,
to the extent necessary, establish new centers through a merit-
based, competitive process.
(b) PURPOSE OF CENTERS.—The purpose of the Centers shall
be to—
(1) support research and development of law enforcement
technology;
(2) support the transfer and implementation of technology;
(3) assist in the development and dissemination of guide-
lines 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 commu-
nication 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.
SEC. 236. COORDINATION WITH OTHER ENTITIES WITHIN DEPART-
MENT OF JUSTICE.
Section 102 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3712) is amended in subsection (a)(5) by
inserting ‘‘coordinate and’’ before ‘‘provide’’.
SEC. 237. AMENDMENTS RELATING TO NATIONAL INSTITUTE OF JUS-
TICE.
Section 202(c) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3722(c)) is amended—
(1) in paragraph (3) by inserting ‘‘, including cost effective-
ness where practical,’’ before ‘‘of projects’’; and
(2) by striking ‘‘and’’ after the semicolon at the end of
paragraph (8), striking the period at the end of paragraph
(9) and inserting ‘‘; and’’, and by adding at the end the following:
‘‘(10) research and development of tools and technologies
relating to prevention, detection, investigation, and prosecution
of crime; and
H. R. 5005—29
‘‘(11) support research, development, testing, training, and
evaluation of tools and technology for Federal, State, and local
law enforcement agencies.’’.
TITLE III—SCIENCE AND TECHNOLOGY
IN SUPPORT OF HOMELAND SECURITY
SEC. 301. 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. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SEC-
RETARY 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 develop-
ment efforts and priorities in support of the Department’s mis-
sions;
(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 iden-
tify and develop countermeasures to chemical, biological, radio-
logical, nuclear, 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 Information Anal-
ysis and 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 rel-
evant to any or all elements of the Department, through both
intramural and extramural programs, except that such respon-
sibility does not extend to human health-related research and
development activities;
(5) establishing priorities for, directing, funding, and con-
ducting national research, development, test and evaluation,
and procurement of technology and systems for—
(A) preventing the importation of chemical, biological,
radiological, nuclear, 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 govern-
ment, and private sector entities;
(7) entering into work agreements, joint sponsorships, con-
tracts, 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;
H. R. 5005—30
(8) collaborating with the Secretary of Agriculture and
the Attorney General as provided in section 212 of the Agricul-
tural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401), as
amended by section 1709(b);
(9) collaborating with the Secretary of Health and Human
Services and the Attorney General in determining any new
biological agents and toxins that shall be listed as ‘‘select
agents’’ in Appendix A of part 72 of title 42, Code of Federal
Regulations, pursuant to section 351A of the Public Health
Service Act (42 U.S.C. 262a);
(10) supporting United States leadership in science and
technology;
(11) establishing and administering the primary research
and development activities of the Department, including the
long-term research and development needs and capabilities for
all elements of the Department;
(12) coordinating and integrating all research, development,
demonstration, testing, and evaluation activities of the Depart-
ment;
(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 guide-
lines 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. 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 non-
proliferation 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 pro-
gram.
(D) Such life sciences activities of the biological and
environmental research program related to microbial patho-
gens as may be designated by the President for transfer
to the Department.
(E) The Environmental Measurements Laboratory.
H. R. 5005—31
(F) The advanced scientific computing research pro-
gram and activities at Lawrence Livermore National Lab-
oratory.
(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. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVI-
TIES.
(a) IN GENERAL.—With respect to civilian human health-related
research and development activities relating to countermeasures
for chemical, biological, radiological, and nuclear and other
emerging terrorist threats carried out by the Department of Health
and Human Services (including the Public Health Service), the
Secretary of Health and Human Services shall set priorities, goals,
objectives, and policies and develop a coordinated strategy for such
activities in collaboration with the Secretary of Homeland Security
to ensure consistency with the national policy and strategic plan
developed pursuant to section 302(2).
(b) EVALUATION OF PROGRESS.—In carrying out subsection (a),
the Secretary of Health and Human Services shall collaborate with
the Secretary in developing specific benchmarks and outcome
measurements for evaluating progress toward achieving the prior-
ities and goals described in such subsection.
(c) 
ADMINISTRATION
OF
COUNTERMEASURES
AGAINST
SMALLPOX.—Section 224 of the Public Health Service Act (42 U.S.C.
233) is amended by adding the following:
‘‘(p) ADMINISTRATION
OF
SMALLPOX
COUNTERMEASURES
BY
HEALTH PROFESSIONALS.—
‘‘(1) IN GENERAL.—For purposes of this section, and subject
to other provisions of this subsection, a covered person shall
be deemed to be an employee of the Public Health Service
with respect to liability arising out of administration of a cov-
ered countermeasure against smallpox to an individual during
the effective period of a declaration by the Secretary under
paragraph (2)(A).
‘‘(2) DECLARATION
BY
SECRETARY
CONCERNING
COUNTER-
MEASURE AGAINST SMALLPOX.—
‘‘(A) AUTHORITY TO ISSUE DECLARATION.—
‘‘(i) IN GENERAL.—The Secretary may issue a dec-
laration, pursuant to this paragraph, concluding that
an actual or potential bioterrorist incident or other
actual or potential public health emergency makes
advisable the administration of a covered counter-
measure to a category or categories of individuals.
‘‘(ii) COVERED
COUNTERMEASURE.—The Secretary
shall specify in such declaration the substance or sub-
stances that shall be considered covered counter-
measures (as defined in paragraph (8)(A)) for purposes
of administration to individuals during the effective
period of the declaration.
‘‘(iii) EFFECTIVE
PERIOD.—The Secretary shall
specify in such declaration the beginning and ending
dates of the effective period of the declaration, and
may subsequently amend such declaration to shorten
or extend such effective period, provided that the new
H. R. 5005—32
closing date is after the date when the declaration
is amended.
‘‘(iv) PUBLICATION.—The Secretary shall promptly
publish each such declaration and amendment in the
Federal Register.
‘‘(B) LIABILITY OF UNITED STATES ONLY FOR ADMINISTRA-
TIONS WITHIN SCOPE OF DECLARATION.—Except as provided
in paragraph (5)(B)(ii), the United States shall be liable
under this subsection with respect to a claim arising out
of the administration of a covered countermeasure to an
individual only if—
‘‘(i) the countermeasure was administered by a
qualified person, for a purpose stated in paragraph
(7)(A)(i), and during the effective period of a declaration
by the Secretary under subparagraph (A) with respect
to such countermeasure; and
‘‘(ii)(I) the individual was within a category of
individuals covered by the declaration; or
‘‘(II) the qualified person administering the
countermeasure had reasonable grounds to believe that
such individual was within such category.
‘‘(C) PRESUMPTION OF ADMINISTRATION WITHIN SCOPE
OF DECLARATION IN CASE OF ACCIDENTAL VACCINIA INOCULA-
TION.—
‘‘(i) IN GENERAL.—If vaccinia vaccine is a covered
countermeasure specified in a declaration under
subparagraph (A), and an individual to whom the
vaccinia vaccine is not administered contracts vaccinia,
then, under the circumstances specified in clause (ii),
the individual—
‘‘(I) shall be rebuttably presumed to have con-
tracted vaccinia from an individual to whom such
vaccine was administered as provided by clauses
(i) and (ii) of subparagraph (B); and
‘‘(II) 
shall 
(unless 
such 
presumption 
is
rebutted) be deemed for purposes of this subsection
to be an individual to whom a covered counter-
measure was administered by a qualified person
in accordance with the terms of such declaration
and as described by subparagraph (B).
‘‘(ii) CIRCUMSTANCES
IN
WHICH
PRESUMPTION
APPLIES.—The presumption and deeming stated in
clause (i) shall apply if—
‘‘(I) the individual contracts vaccinia during
the effective period of a declaration under subpara-
graph (A) or by the date 30 days after the close
of such period; or
‘‘(II) the individual resides or has resided with
an individual to whom such vaccine was adminis-
tered as provided by clauses (i) and (ii) of subpara-
graph (B) and contracts vaccinia after such date.
‘‘(3) EXCLUSIVITY
OF
REMEDY.—The remedy provided by
subsection (a) shall be exclusive of any other civil action or
proceeding for any claim or suit this subsection encompasses.
‘‘(4) CERTIFICATION OF ACTION BY ATTORNEY GENERAL.—
Subsection (c) applies to actions under this subsection, subject
to the following provisions:
H. R. 5005—33
‘‘(A) NATURE OF CERTIFICATION.—The certification by
the Attorney General that is the basis for deeming an
action or proceeding to be against the United States, and
for removing an action or proceeding from a State court,
is a certification that the action or proceeding is against
a covered person and is based upon a claim alleging per-
sonal injury or death arising out of the administration
of a covered countermeasure.
‘‘(B) CERTIFICATION
OF
ATTORNEY
GENERAL
CONCLU-
SIVE.—The certification of the Attorney General of the facts
specified in subparagraph (A) shall conclusively establish
such facts for purposes of jurisdiction pursuant to this
subsection.
‘‘(5) DEFENDANT TO COOPERATE WITH UNITED STATES.—
‘‘(A) IN GENERAL.—A covered person shall cooperate
with the United States in the processing and defense of
a claim or action under this subsection based upon alleged
acts or omissions of such person.
‘‘(B) CONSEQUENCES OF FAILURE TO COOPERATE.—Upon
the motion of the United States or any other party and
upon finding that such person has failed to so cooperate—
‘‘(i) the court shall substitute such person as the
party defendant in place of the United States and,
upon motion, shall remand any such suit to the court
in which it was instituted if it appears that the court
lacks subject matter jurisdiction;
‘‘(ii) the United States shall not be liable based
on the acts or omissions of such person; and
‘‘(iii) the Attorney General shall not be obligated
to defend such action.
‘‘(6) RECOURSE AGAINST COVERED PERSON IN CASE OF GROSS
MISCONDUCT OR CONTRACT VIOLATION.—
‘‘(A) IN GENERAL.—Should payment be made by the
United States to any claimant bringing a claim under
this subsection, either by way of administrative determina-
tion, settlement, or court judgment, the United States shall
have, notwithstanding any provision of State law, the right
to recover for that portion of the damages so awarded
or paid, as well as interest and any costs of litigation,
resulting from the failure of any covered person to carry
out any obligation or responsibility assumed by such person
under a contract with the United States or from any grossly
negligent, reckless, or illegal conduct or willful misconduct
on the part of such person.
‘‘(B) VENUE.—The United States may maintain an
action under this paragraph against such person in the
district court of the United States in which such person
resides or has its principal place of business.
‘‘(7) DEFINITIONS.—As used in this subsection, terms have
the following meanings:
‘‘(A) COVERED COUNTERMEASURE.—The term ‘covered
countermeasure’ 
or 
‘covered 
countermeasure 
against
smallpox’, means a substance that is—
‘‘(i)(I) used to prevent or treat smallpox (including
the vaccinia or another vaccine); or
‘‘(II) vaccinia immune globulin used to control or
treat the adverse effects of vaccinia inoculation; and
H. R. 5005—34
‘‘(ii) specified in a declaration under paragraph
(2).
‘‘(B) COVERED
PERSON.—The term ‘covered person’,
when used with respect to the administration of a covered
countermeasure, includes any person who is—
‘‘(i) a manufacturer or distributor of such counter-
measure;
‘‘(ii) a health care entity under whose auspices
such countermeasure was administered;
‘‘(iii) a qualified person who administered such
countermeasure; or
‘‘(iv) an official, agent, or employee of a person
described in clause (i), (ii), or (iii).
‘‘(C) QUALIFIED PERSON.—The term ‘qualified person’,
when used with respect to the administration of a covered
countermeasure, means a licensed health professional or
other individual who is authorized to administer such
countermeasure under the law of the State in which the
countermeasure was administered.’’.
SEC. 305. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CEN-
TERS.
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 coordi-
nating and integrating both the extramural and intramural pro-
grams described in section 308.
SEC. 306. 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 Sec-
retary for Science and Technology.
(c) REGULATIONS.—The Secretary, acting through the Under
Secretary for Science and Technology, may issue necessary regula-
tions with respect to research, development, demonstration, testing,
and evaluation activities of the Department, including the con-
ducting, 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. 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 Tech-
nologies established in subsection (c).
H. R. 5005—35
(2) HOMELAND SECURITY RESEARCH.—The term ‘‘homeland
security research’’ means research relevant to the detection
of, prevention of, protection against, response to, attribution
of, and recovery from homeland security threats, particularly
acts of terrorism.
(3) HSARPA.—The term ‘‘HSARPA’’ means the Homeland
Security Advanced Research Projects Agency established in
subsection (b).
(4) UNDER SECRETARY.—The term ‘‘Under Secretary’’ means
the Under Secretary for Science and Technology.
(b) HOMELAND
SECURITY
ADVANCED
RESEARCH
PROJECTS
AGENCY.—
(1) ESTABLISHMENT.—There is established the Homeland
Security Advanced Research Projects Agency.
(2) DIRECTOR.—HSARPA shall be headed by a Director,
who shall be appointed by the Secretary. The Director shall
report to the Under Secretary.
(3) RESPONSIBILITIES.—The Director shall administer the
Fund to award competitive, merit-reviewed grants, cooperative
agreements or contracts to public or private entities, including
businesses, federally funded research and development centers,
and universities. The Director shall administer the Fund to—
(A) support basic and applied homeland security
research to promote revolutionary changes in technologies
that would promote homeland security;
(B) advance the development, testing and evaluation,
and deployment of critical homeland security technologies;
and
(C) accelerate the prototyping and deployment of tech-
nologies 
that 
would 
address 
homeland 
security
vulnerabilities.
(4) TARGETED COMPETITIONS.—The Director may solicit pro-
posals 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 rel-
evant research agencies, and may run projects jointly with
other agencies.
(6) PERSONNEL.—In hiring personnel for HSARPA, the Sec-
retary 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.
H. R. 5005—36
(2) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized 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 appro-
priated 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 agree-
ment with the Commandant of the Coast Guard, to carry out
research and development of improved ports, waterways and
coastal security surveillance and perimeter protection capabili-
ties 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. 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 respon-
sibilities under section 302(4) through both extramural and intra-
mural 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 agree-
ments, and contracts.
(2) UNIVERSITY-BASED CENTERS FOR HOMELAND SECURITY.—
(A) ESTABLISHMENT.—The Secretary, acting through
the Under Secretary for Science and Technology, shall
establish within 1 year of the date of enactment of this
Act a university-based center or centers for homeland secu-
rity. The purpose of this center or centers shall be to
establish a coordinated, university-based system to enhance
the Nation’s homeland security.
(B) CRITERIA FOR SELECTION.—In selecting colleges or
universities as centers for homeland security, the Secretary
shall consider the following criteria:
(i) Demonstrated expertise in the training of first
responders.
(ii) Demonstrated expertise in responding to
incidents involving weapons of mass destruction and
biological warfare.
(iii) Demonstrated expertise in emergency medical
services.
(iv) Demonstrated expertise in chemical, biological,
radiological, and nuclear countermeasures.
(v) Strong affiliations with animal and plant diag-
nostic laboratories.
(vi) Demonstrated expertise in food safety.
H. R. 5005—37
(vii) Affiliation with Department of Agriculture
laboratories or training centers.
(viii) Demonstrated expertise in water and waste-
water operations.
(ix) Demonstrated expertise in port and waterway
security.
(x) 
Demonstrated 
expertise 
in 
multi-modal
transportation.
(xi) Nationally recognized programs in information
security.
(xii) 
Nationally 
recognized 
programs 
in
engineering.
(xiii) Demonstrated expertise in educational out-
reach and technical assistance.
(xiv) Demonstrated expertise in border transpor-
tation and security.
(xv) Demonstrated expertise in interdisciplinary
public policy research and communication outreach
regarding science, technology, and public policy.
(C) DISCRETION OF SECRETARY.—The Secretary shall
have the discretion to establish such centers and to consider
additional criteria as necessary to meet the evolving needs
of homeland security and shall report to Congress con-
cerning the implementation of this paragraph as necessary.
(D) AUTHORIZATION
OF
APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out this paragraph.
(c) INTRAMURAL PROGRAMS.—
(1) CONSULTATION.—In carrying out the duties under sec-
tion 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 Sec-
retary 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 head-
quarters laboratory in consultation with the National
Academy of Sciences, appropriate Federal agencies, and
other experts.
(B) Publish the criteria in the Federal Register.
(C) Evaluate all appropriate laboratories or sites
against the criteria.
(D) Select a laboratory or site on the basis of the
criteria.
(E) Report to the appropriate congressional committees
on which laboratory was selected, how the selected labora-
tory meets the published criteria, and what duties the
headquarters laboratory shall perform.
(4) LIMITATION ON OPERATION OF LABORATORIES.—No lab-
oratory shall begin operating as the headquarters laboratory
H. R. 5005—38
of the Department until at least 30 days after the transmittal
of the report required by paragraph (3)(E).
SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL LAB-
ORATORIES 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 appro-
priate:
(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, con-
sistent 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 labora-
tory or site.
(b) JOINT SPONSORSHIP ARRANGEMENTS.—
(1) LABORATORIES.—The Department may be a joint
sponsor, under a multiple agency sponsorship arrangement with
the Department of Energy, of 1 or more Department of Energy
national laboratories in the performance of work.
(2) SITES.—The Department may be a joint sponsor of
a Department of Energy site in the performance of work as
if such site were a federally funded research and development
center and the work were performed under a multiple agency
sponsorship arrangement with the Department.
(3) PRIMARY SPONSOR.—The Department of Energy shall
be the primary sponsor under a multiple agency sponsorship
arrangement referred to in paragraph (1) or (2).
(4) LEAD AGENT.—The Secretary of Energy shall act as
the lead agent in coordinating the formation and performance
of a joint sponsorship arrangement under this subsection
between the Department and a Department of Energy national
laboratory or site.
(5) FEDERAL
ACQUISITION
REGULATION.—Any work per-
formed 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 Acquisi-
tion Regulations.
(6) FUNDING.—The Department shall provide funds for
work at the Department of Energy national laboratories or
H. R. 5005—39
sites, as the case may be, under a joint sponsorship arrange-
ment under this subsection under the same terms and condi-
tions as apply to the primary sponsor of such national labora-
tory 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 con-
tracts 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 provi-
sions of sections 11 and 12 of that Act (15 U.S.C. 3710, 3710a).
(e) REIMBURSEMENT OF COSTS.—In the case of an activity car-
ried out by the operator of a Department of Energy national labora-
tory 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 appro-
priated or otherwise made available to the Department in any
fiscal year may be obligated or expended for laboratory directed
research and development activities carried out by the Department
of Energy unless such activities support the missions of the Depart-
ment 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 coordina-
tion and utilization of the Department of Energy national labora-
tories 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
H. R. 5005—40
ensure that any research, development, test, and evaluation activi-
ties 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. 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 Agri-
culture, 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 sub-
section (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. 
HOMELAND 
SECURITY 
SCIENCE 
AND 
TECHNOLOGY
ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—There is established within the Depart-
ment a Homeland Security Science and Technology Advisory Com-
mittee (in this section referred to as the ‘‘Advisory Committee’’).
The Advisory Committee shall make recommendations with respect
to the activities of the Under Secretary for Science and Technology,
including identifying research areas of potential importance to the
security of the Nation.
(b) MEMBERSHIP.—
(1) APPOINTMENT.—The Advisory Committee shall consist
of 20 members appointed by the Under Secretary for Science
and Technology, which shall include emergency first-responders
or representatives of organizations or associations of emergency
first-responders. The Advisory Committee shall also include
representatives of citizen groups, including economically dis-
advantaged communities. The individuals appointed as mem-
bers 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
H. R. 5005—41
(D) shall be so selected as to provide representation
of a cross-section of the research, development, demonstra-
tion, 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 para-
graph (1).
(c) TERMS OF OFFICE.—
(1) IN GENERAL.—Except as otherwise provided in this sub-
section, 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 of three
members each. One class shall have a term of 1 year, 1 a
term of 2 years, and the other a term of 3 years.
(3) VACANCIES.—A member appointed to fill a vacancy
occurring before the expiration of the term for which the mem-
ber’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 appro-
priate 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 Com-
mittee not having a conflict of interest in the matter being consid-
ered by the Advisory Committee shall constitute a quorum.
(g) CONFLICT OF INTEREST RULES.—The Advisory Committee
shall establish rules for determining when 1 of its members has
a conflict of interest in a matter being considered by the Advisory
Committee.
(h) REPORTS.—
(1) ANNUAL REPORT.—The Advisory Committee shall render
an annual report to the Under Secretary for Science and Tech-
nology 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 pre-
vious 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 3 years
after the effective date of this Act.
H. R. 5005—42
SEC. 312. HOMELAND SECURITY INSTITUTE.
(a) ESTABLISHMENT.—The Secretary shall establish a federally
funded research and development center to be known as the ‘‘Home-
land 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 secu-
rity.
(3) Evaluation of the effectiveness of measures deployed
to enhance the security of institutions, facilities, and infrastruc-
ture that may be terrorist targets.
(4) Identification of instances when common standards and
protocols could improve the interoperability and effective utili-
zation of tools developed for field operators and first responders.
(5) Assistance for Federal agencies and departments in
establishing testbeds to evaluate the effectiveness of tech-
nologies under development and to assess the appropriateness
of such technologies for deployment.
(6) Design of metrics and use of those metrics to evaluate
the effectiveness of homeland security programs throughout
the Federal Government, including all national laboratories.
(7) Design of and support for the conduct of homeland
security-related exercises and simulations.
(8) Creation of strategic technology development plans to
reduce vulnerabilities in the Nation’s critical infrastructure
and key resources.
(d) CONSULTATION ON INSTITUTE ACTIVITIES.—In carrying out
the duties described in subsection (c), the Institute shall consult
widely with representatives from private industry, institutions of
higher education, nonprofit institutions, other Government agencies,
and federally funded research and development centers.
(e) USE OF CENTERS.—The Institute shall utilize the capabilities
of the National Infrastructure Simulation and Analysis Center.
(f) ANNUAL REPORTS.—The Institute shall transmit to the Sec-
retary and Congress an annual report on the activities of the
Institute under this section.
(g) TERMINATION.—The Homeland Security Institute shall
terminate 3 years after the effective date of this Act.
SEC. 313. TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND SUP-
PORT 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 innova-
tion in facilitating the mission of the Department (as described
in section 101).
(b) ELEMENTS OF PROGRAM.—The program described in sub-
section (a) shall include the following components:
H. R. 5005—43
(1) The establishment of a centralized Federal clearing-
house for information relating to technologies that would fur-
ther the mission of the Department for dissemination, as appro-
priate, 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 Depart-
ment.
(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 tech-
nical 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 guid-
ance on how to pursue proposals to develop or deploy tech-
nologies that would enhance homeland security, including
information relating to Federal funding, regulation, or acquisi-
tion.
(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 tech-
nology to be used by the Department, any other executive
agency, any State or local government entity, or any private
sector entity.
(2) CERTAIN
PROPOSALS.—The technical assistance team
established under subsection (b)(3) shall not consider or
evaluate proposals submitted in response to a solicitation for
offers for a pending procurement or for a specific agency
requirement.
(3) COORDINATION.—In carrying out this section, the Sec-
retary shall coordinate with the Technical Support Working
Group (organized under the April 1982 National Security Deci-
sion Directive Numbered 30).
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.
There shall be in the Department a Directorate of Border
and Transportation Security headed by an Under Secretary for
Border and Transportation Security.
SEC. 402. RESPONSIBILITIES.
The Secretary, acting through the Under Secretary for Border
and Transportation Security, shall be responsible for the following:
H. R. 5005—44
(1) Preventing the entry of terrorists and the instruments
of terrorism into the United States.
(2) Securing the borders, territorial waters, ports, termi-
nals, waterways, and air, land, and sea transportation systems
of the United States, including managing and coordinating
those functions transferred to the Department at ports of entry.
(3) Carrying out the immigration enforcement functions
vested by statute in, or performed by, the Commissioner of
Immigration and Naturalization (or any officer, employee, or
component of the Immigration and Naturalization Service)
immediately before the date on which the transfer of functions
specified under section 441 takes effect.
(4) Establishing and administering rules, in accordance
with section 428, governing the granting of visas or other
forms of permission, including parole, to enter the United States
to individuals who are not a citizen or an alien lawfully
admitted for permanent residence in the United States.
(5) Establishing national immigration enforcement policies
and priorities.
(6) Except as provided in subtitle C, administering the
customs laws of the United States.
(7) Conducting the inspection and related administrative
functions of the Department of Agriculture transferred to the
Secretary of Homeland Security under section 421.
(8) In carrying out the foregoing responsibilities, ensuring
the speedy, orderly, and efficient flow of lawful traffic and
commerce.
SEC. 403. 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 Gen-
eral relating thereto.
Subtitle B—United States Customs Service
SEC. 411. 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
H. R. 5005—129
‘‘(ii) possess professional qualifications, including
training and experience, required to administer the
functions described under this section;
‘‘(iii) have information security duties as that offi-
cial’s primary duty; and
‘‘(iv) head an office with the mission and resources
to assist in ensuring agency compliance with this sec-
tion;
‘‘(B) developing and maintaining an agencywide
information security program as required by subsection
(b);
‘‘(C) developing and maintaining information security
policies, procedures, and control techniques to address all
applicable requirements, including those issued under sec-
tion 3533 of this title, and section 11331 of title 40;
‘‘(D) training and overseeing personnel with significant
responsibilities for information security with respect to
such responsibilities; and
‘‘(E) assisting senior agency officials concerning their
responsibilities under paragraph (2);
‘‘(4) ensure that the agency has trained personnel sufficient
to assist the agency in complying with the requirements of
this subchapter and related policies, procedures, standards,
and guidelines; and
‘‘(5) ensure that the agency Chief Information Officer, in
coordination with other senior agency officials, reports annually
to the agency head on the effectiveness of the agency informa-
tion security program, including progress of remedial actions.
‘‘(b) Each agency shall develop, document, and implement an
agencywide information security program, approved by the Director
under section 3533(a)(5), to provide information security for the
information and information systems that support the operations
and assets of the agency, including those provided or managed
by another agency, contractor, or other source, that includes—
‘‘(1) periodic assessments of the risk and magnitude of
the harm that could result from the unauthorized access, use,
disclosure, disruption, modification, or destruction of informa-
tion and information systems that support the operations and
assets of the agency;
‘‘(2) policies and procedures that—
‘‘(A) are based on the risk assessments required by
paragraph (1);
‘‘(B) cost-effectively reduce information security risks
to an acceptable level;
‘‘(C) ensure that information security is addressed
throughout the life cycle of each agency information system;
and
‘‘(D) ensure compliance with—
‘‘(i) the requirements of this subchapter;
‘‘(ii) policies and procedures as may be prescribed
by the Director, and information security standards
promulgated under section 11331 of title 40;
‘‘(iii) minimally acceptable system configuration
requirements, as determined by the agency; and
‘‘(iv) any other applicable requirements, including
standards and guidelines for national security systems
H. R. 5005—150
receipt of explosive materials is in furtherance of the
military purpose; or
‘‘(iv) is lawfully present in the United States in
cooperation with the Director of Central Intelligence,
and the shipment, transportation, receipt, or possession
of the explosive materials is in furtherance of such
cooperation;
‘‘(8) has been discharged from the armed forces under dis-
honorable conditions;
‘‘(9) having been a citizen of the United States, has
renounced the citizenship of that person.’’.
(b) POSSESSION OF EXPLOSIVE MATERIALS.—Section 842(i) of
title 18, United States Code, is amended—
(1) in paragraph (3), by striking ‘‘or’’ at the end; and
(2) by inserting after paragraph (4) the following:
‘‘(5) who is an alien, other than an alien who—
‘‘(A) is lawfully admitted for permanent residence (as
that term is defined in section 101(a)(20) of the Immigra-
tion and Nationality Act); or
‘‘(B) is in lawful nonimmigrant status, is a refugee
admitted under section 207 of the Immigration and Nation-
ality Act (8 U.S.C. 1157), or is in asylum status under
section 208 of the Immigration and Nationality Act (8
U.S.C. 1158), and—
‘‘(i) is a foreign law enforcement officer of a friendly
foreign government, as determined by the Secretary
in consultation with the Secretary of State, entering
the United States on official law enforcement business,
and the shipping, transporting, possession, or receipt
of explosive materials is in furtherance of this official
law enforcement business;
‘‘(ii) is a person having the power to direct or
cause the direction of the management and policies
of a corporation, partnership, or association licensed
pursuant to section 843(a), and the shipping, trans-
porting, possession, or receipt of explosive materials
is in furtherance of such power;
‘‘(iii) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign military
force, as determined by the Secretary in consultation
with the Secretary of Defense, (whether or not
admitted in a nonimmigrant status) who is present
in the United States under military orders for training
or other military purpose authorized by the United
States, and the shipping, transporting, possession, or
receipt of explosive materials is in furtherance of the
military purpose; or
‘‘(iv) is lawfully present in the United States in
cooperation with the Director of Central Intelligence,
and the shipment, transportation, receipt, or possession
of the explosive materials is in furtherance of such
cooperation;
‘‘(6) who has been discharged from the armed forces under
dishonorable conditions;
‘‘(7) who, having been a citizen of the United States, has
renounced the citizenship of that person’’; and
H. R. 5005—161
‘‘(2)(A) has been employed continuously, by the agency in
which the employee is serving, for at least the 31-day period
ending on the date on which such agency requests the deter-
mination referred to in subparagraph (D);
‘‘(B) is serving under an appointment that is not time
limited;
‘‘(C) has not been duly notified that such employee is to
be involuntarily separated for misconduct or unacceptable
performance;
‘‘(D) is separated from the service voluntarily during a
period in which, as determined by the office of Personnel
Management (upon request of the agency) under regulations
prescribed by the Office—
‘‘(i) such agency (or, if applicable, the component in
which the employee is serving) is undergoing substantial
delayering, substantial reorganization, substantial reduc-
tions in force, substantial transfer of function, or other
substantial workforce restructuring (or shaping);
‘‘(ii) a significant percentage of employees servicing
in such agency (or component) are likely to be separated
or subject to an immediate reduction in the rate of basic
pay (without regard to subchapter VI of chapter 53, or
comparable provisions); or
‘‘(iii) identified as being in positions which are
becoming surplus or excess to the agency’s future ability
to carry out its mission effectively; and
‘‘(E) as determined by the agency under regulations pre-
scribed by the Office, is within the scope of the offer of voluntary
early retirement, which may be made on the basis of—
‘‘(i) 1 or more organizational units;
‘‘(ii) 1 or more occupational series or levels;
‘‘(iii) 1 or more geographical locations;
‘‘(iv) specific periods;
‘‘(v) skills, knowledge, or other factors related to a
position; or
‘‘(vi) any appropriate combination of such factors;’’.
(2) FEDERAL
EMPLOYEES’ RETIREMENT
SYSTEM.—Section
8414(b)(1) of title 5, United States Code, is amended by striking
subparagraph (B) and inserting the following:
‘‘(B)(i) has been employed continuously, by the agency
in which the employee is serving, for at least the 31-
day period ending on the date on which such agency
requests the determination referred to in clause (iv);
‘‘(ii) is serving under an appointment that is not time
limited;
‘‘(iii) has not been duly notified that such employee
is to be involuntarily separated for misconduct or unaccept-
able performance;
‘‘(iv) is separate from the service voluntarily during
a period in which, as determined by the Office of Personnel
Management (upon request of the agency) under regula-
tions prescribed by the Office—
‘‘(I) such agency (or, if applicable, the component
in which the employee is serving) is undergoing
substantial delayering, substantial reorganization,
substantial reductions in force, substantial transfer of
H. R. 5005—181
‘‘of Transportation’’ each place it appears and inserting ‘‘of Home-
land Security’’.
(d) TITLE 38, UNITED STATES CODE.—Title 38, United States
Code, is amended in sections 101(25)(d), 1560(a), 3002(5),
3011(a)(1)(A)(ii)(I), 
3011(a)(1)(A)(ii)(II), 
3011(a)(1)(B)(ii)(III),
3011(a)(1)(C)(iii)(II)(cc), 
3012(b)(1)(A)(v), 
3012(b)(1)(B)(ii)(V),
3018(b)(3)(B)(iv), 
3018A(a)(3), 
3018B(a)(1)(C), 
3018B(a)(2)(C),
3018C(a)(5), 3020(m), 3035(b)(2), 3035(c), 3035(d), 3035(e), 3680A(g),
and 6105(c) by striking ‘‘of Transportation’’ each place it appears
and inserting ‘‘of Homeland Security’’.
(e) OTHER DEFENSE-RELATED LAWS.—(1) Section 363 of Public
Law 104–193 (110 Stat. 2247) is amended—
(A) in subsection (a)(1) (10 U.S.C. 113 note), by striking
‘‘of Transportation’’ and inserting ‘‘of Homeland Security’’; and
(B) in subsection (b)(1) (10 U.S.C. 704 note), by striking
‘‘of Transportation’’ and inserting ‘‘of Homeland Security’’.
(2) Section 721(1) of Public Law 104–201 (10 U.S.C. 1073 note)
is amended by striking ‘‘of Transportation’’ and inserting ‘‘of Home-
land Security’’.
(3) Section 4463(a) of Public Law 102–484 (10 U.S.C. 1143a
note) is amended by striking ‘‘after consultation with the Secretary
of Transportation’’.
(4) Section 4466(h) of Public Law 102–484 (10 U.S.C. 1143
note) is amended by striking ‘‘of Transportation’’ and inserting
‘‘of Homeland Security’’.
(5) Section 542(d) of Public Law 103–337 (10 U.S.C. 1293 note)
is amended by striking ‘‘of Transportation’’ and inserting ‘‘of Home-
land Security’’.
(6) Section 740 of Public Law 106–181 (10 U.S.C. 2576 note)
is amended in subsections (b)(2), (c), and (d)(1) by striking ‘‘of
Transportation’’ each place it appears and inserting ‘‘of Homeland
Security’’.
(7) Section 1407(b)(2) of the Defense Dependents’ Education
Act of 1978 (20 U.S.C. 926(b)) is amended by striking ‘‘of Transpor-
tation’’ both places it appears and inserting ‘‘of Homeland Security’’.
(8) Section 2301(5)(D) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6671(5)(D)) is amended by striking
‘‘of Transportation’’ and inserting ‘‘of Homeland Security’’.
(9) Section 2307(a) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6677(a)) is amended by striking ‘‘of Transpor-
tation’’ and inserting ‘‘of Homeland Security’’.
(10) Section 1034(a) of Public Law 105–85 (21 U.S.C. 1505a(a))
is amended by striking ‘‘of Transportation’’ and inserting ‘‘of Home-
land Security’’.
(11) The Military Selective Service Act is amended—
(A) in section 4(a) (50 U.S.C. App. 454(a)), by striking
‘‘of Transportation’’ in the fourth paragraph and inserting ‘‘of
Homeland Security’’;
(B) in section 4(b) (50 U.S.C. App. 454(b)), by striking
‘‘of Transportation’’ both places it appears and inserting ‘‘of
Homeland Security’’;
(C) in section 6(d)(1) (50 U.S.C. App. 456(d)(1)), by striking
‘‘of Transportation’’ both places it appears and inserting ‘‘of
Homeland Security’’;
(D) in section 9(c) (50 U.S.C. App. 459(c)), by striking
‘‘Secretaries of Army, Navy, Air Force, or Transportation’’ and
H. R. 5005—187
SEC. 1716. CLARIFICATION OF DEFINITION OF VACCINE.
Section 2133 of the Public Health Service Act (42 U.S.C. 300aa–
33) is amended by adding at the end the following:
‘‘(7) The term ‘vaccine’ means any preparation or suspen-
sion, including but not limited to a preparation or suspension
containing an attenuated or inactive microorganism or subunit
thereof or toxin, developed or administered to produce or
enhance the body’s immune response to a disease or diseases
and includes all components and ingredients listed in the
vaccines’s product license application and product label.’’.
SEC. 1717. EFFECTIVE DATE.
The amendments made by sections 1714, 1715, and 1716 shall
apply to all actions or proceedings pending on or after the date
of enactment of this Act, unless a court of competent jurisdiction
has entered judgment (regardless of whether the time for appeal
has expired) in such action or proceeding disposing of the entire
action or proceeding.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.