[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 6 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                  S. 6

          To enhance homeland security and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2003

Mr. Daschle (for himself, Mr. Kennedy, Mr. Biden, Mr. Leahy, Mr. Levin, 
Mr. Rockefeller, Mr. Lieberman, Mr. Akaka, Mrs. Murray, Mr. Durbin, Mr. 
Schumer, Mrs. Clinton, Mr. Corzine, Ms. Stabenow, Mr. Jeffords, and Mr. 
Reid) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
          To enhance 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 ``Comprehensive 
Homeland Security Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
            TITLE I--FIRST RESPONDER TERRORISM PREPAREDNESS

Sec. 1001. Short title; table of contents.
Sec. 1002. Purpose.
Sec. 1003. Definitions.
Sec. 1004. First Responders Partnership Grant Program for Public Safety 
                            Officers.
Sec. 1005. Applications.
Sec. 1006. Authorization of appropriations.
      TITLE II--STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE

Sec. 2001. Staffing for adequate fire and emergency response.
Sec. 2002. Conforming amendment.
                TITLE III--SENSITIVE NUCLEAR FACILITIES

Sec. 3001. Short title.
Sec. 3002. Definitions.
Sec. 3003. Nuclear facility security.
Sec. 3004. Office of nuclear security and incident response.
Sec. 3005. Carrying of weapons by licensee employees.
Sec. 3006. Sensitive radioactive material security.
Sec. 3007. Unauthorized introduction of dangerous weapons.
Sec. 3008. Sabotage of nuclear facilities or fuel.
Sec. 3009. Evaluation of adequacy of enforcement provisions.
Sec. 3010. Protection of whistleblowers.
Sec. 3011. Technical and conforming amendment.
Sec. 3012. Authorization of appropriations.
                      TITLE IV--RAIL SECURITY ACT

Sec. 4001. Short title.
Sec. 4002. Emergency Amtrak assistance.
Sec. 4003. Rail security.
Sec. 4004. Rail transportation security risk assessment.
    TITLE V--WATER INFRASTRUCTURE SECURITY AND RESEARCH DEVELOPMENT

Sec. 5001. Short title.
Sec. 5002. Protection from terrorist and other harmful intentional 
                            acts.
Sec. 5003. Research and review.
Sec. 5004. Refinement of vulnerability assessment tools for publicly 
                            owned treatment works.
                  TITLE VI--ENHANCING BORDER SECURITY

           Subtitle A--Immigration and Naturalization Service

Sec. 6101. Additional personnel at the Immigration and Naturalization 
                            Service.
Sec. 6102. Technological improvements by the INS to improve border 
                            security.
               Subtitle B--United States Customs Service

Sec. 6201. Additional personnel at the United States Customs Service.
Sec. 6202. Technological improvements by the Customs Service to improve 
                            border security.
                 Subtitle C--Bureau of Border Security

Sec. 6301. Additional personnel at the Bureau of Border Security.
Sec. 6302. Technological improvements by the Bureau of Border Security 
                            to improve border security.
    TITLE VII--PUBLIC HEALTH SECURITY AND BIOTERRORISM PREPAREDNESS

Sec. 7001. Sense of Congress on smallpox vaccination.
Sec. 7002. Aid to States for smallpox vaccination programs.
Sec. 7003. Smallpox vaccine injury compensation program.
Sec. 7004. Increase in authorizations for bioterrorism security and 
                            preparedness.
                    TITLE VIII--INFORMATION SECURITY

 Subtitle A--Information Technology Fund to Enhance Homeland Defense, 
        Information Security, and Defenses Against Other Threats

Sec. 8101. Establishment of fund.
Sec. 8102. Selection procedures.
Sec. 8103. Administration of fund.
Sec. 8104. Report to Congress.
Sec. 8105. Authorization of appropriations.
     Subtitle B--Protection of Voluntarily Furnished Confidential 
                              Information

Sec. 8201. Definitions.
Sec. 8202. Protection of confidential information.
Sec. 8203. Report to Congress.
Sec. 8204. Amendments to Homeland Security Act of 2002.
          Subtitle C--Interoperability of Information Systems

Sec. 8301. Interoperability of information systems.
                 TITLE IX--WEAPONS OF MASS DESTRUCTION

Sec. 9001. Security of certain radiological and nuclear materials.
Sec. 9002. Assistance for International Atomic Energy Agency regarding 
                            safeguard and inspection of nuclear 
                            facilities abroad.
Sec. 9003. Assistance for International Atomic Energy Agency to counter 
                            nuclear terrorism.
Sec. 9004. Acceleration and expansion of materials protection, control, 
                            and accounting program.
Sec. 9005. Border security and export control.
Sec. 9006. Reuse of Russian nuclear facilities.
Sec. 9007. Research and development involving alternative use of 
                            weapons of mass destruction expertise.
Sec. 9008. Expansion initiatives for proliferation prevention program.
Sec. 9009. Acceleration of highly enriched uranium disposition program.
Sec. 9010. Acceleration of destruction of chemical weapons facilities 
                            and infrastructure.
Sec. 9011. Acceleration of biological materials protection, control, 
                            and accounting program.
Sec. 9012. Russian tactical nuclear weapons.
Sec. 9013. Authorization of use of cooperative threat reduction funds 
                            for projects and activities outside the 
                            former Soviet Union.
Sec. 9014. Repeal of certain limitations on uses of funds.
                         TITLE X--INTELLIGENCE

             Subtitle A--Intelligence Community Leadership

Sec. 10001. Short title.
Sec. 10002. Reorganization and improvement of management of 
                            intelligence community.
Sec. 10003. Ten-year term of service for the Director of National 
                            Intelligence.
Sec. 10004. Executive schedule matters.
Sec. 10005. Conforming and clerical amendments.
                       Subtitle B--Other Matters

Sec. 10011. Discharge of certain intelligence activities by the 
                            Department of Homeland Security.
                      TITLE XI--CHEMICAL SECURITY

Sec. 11001. Short title.
Sec. 11002. Findings.
Sec. 11003. Definitions.
Sec. 11004. Designation of and requirements for high priority 
                            categories.
Sec. 11005. Enforcement.
Sec. 11006. Recordkeeping and entry.
Sec. 11007. Penalties.
Sec. 11008. No effect on requirements under other law.
Sec. 11009. Authorization of appropriations.
                    TITLE XII--HOME SECURITY FUNDING

Sec. 12001. Homeland security funding.
                TITLE XIII--SUPPORT FOR LAW ENFORCEMENT

Sec. 13001. Short title.
Sec. 13002. Authorizations.
Sec. 13003. Rural law enforcement retention grant program.
Sec. 13004. Rural law enforcement technology grant program.
Sec. 13005. Rural 9-1-1 service.

            TITLE I--FIRST RESPONDER TERRORISM PREPAREDNESS

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``First Responders Partnership Grant 
Act of 2003''.

SEC. 1002. PURPOSE.

            The purpose of this Act is to support first responders to 
        protect homeland security and prevent and respond to acts of 
        terrorism.

SEC. 1003. DEFINITIONS.

    In this title:
            (1) Indian tribe.--The term ``Indian tribe'' has the same 
        meaning as in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)).
            (2) Law enforcement officer.--The term ``law enforcement 
        officer'' means any officer, agent, or employee of a State, 
        unit of local government, or Indian tribe authorized by law or 
        by a government agency to engage in or supervise the 
        prevention, detection, or investigation of any violation of 
        criminal law, or authorized by law to supervise sentenced 
        criminal offenders.
            (3) Public safety officer.--The term ``public safety 
        officer'' means any person serving a public agency with or 
without compensation as a law enforcement officer, as a firefighter, or 
as a member of a rescue squad or ambulance crew.
            (4) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands.
            (5) Unit of local government.--The term ``unit of local 
        government'' means a county, municipality, town, township, 
        village, parish, borough, or other unit of general government 
        below the State level.

SEC. 1004. FIRST RESPONDERS PARTNERSHIP GRANT PROGRAM FOR PUBLIC SAFETY 
              OFFICERS.

    (a) In General.--The Director of the Bureau of Justice Assistance 
is authorized to make grants to States, units of local government, and 
Indian tribes to support public safety officers in their efforts to 
protect homeland security and prevent and respond to acts of terrorism.
    (b) Uses of Funds.--Grants awarded under this section shall be--
            (1) distributed directly to the State, unit of local 
        government, or Indian tribe; and
            (2) used to fund equipment, training, and facilities to 
        support public safety officers in their efforts to protect 
        homeland security and prevent and respond to acts of terrorism.
    (c) Minimum Amount.--Unless all eligible applications submitted by 
any State or unit of local government within such State for a grant 
under this section have been funded, such State, together with grantees 
within the State (other than Indian tribes), shall be allocated in each 
fiscal year under this section not less than 0.75 percent of the total 
amount appropriated in the fiscal year for grants pursuant to this 
section, except that the United States Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands shall each be allocated 0.25 
percent.
    (d) Maximum Amount.--A qualifying State, unit of local government, 
or Indian tribe may not receive more than 5 percent of the total amount 
appropriated in each fiscal year for grants under this section, except 
that a State, together with the grantees within the State may not 
receive more than 20 percent of the total amount appropriated in each 
fiscal year for grants under this section.
    (e) Matching Funds.--The portion of the costs of a program provided 
by a grant under subsection (a) may not exceed 90 percent. Any funds 
appropriated by Congress for the activities of any agency of an Indian 
tribal government or the Bureau of Indian Affairs performing law 
enforcement functions on any Indian lands may be used to provide the 
non-Federal share of a matching requirement funded under this 
subsection.

SEC. 1005. APPLICATIONS.

    (a) In General.--To request a grant under this title, the chief 
executive of a State, unit of local government, or Indian tribe shall 
submit an application to the Director of the Bureau of Justice 
Assistance in such form and containing such information as the Director 
may reasonably require.
    (b) Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Director of the Bureau of Justice Assistance 
shall promulgate regulations to implement this section (including the 
information that must be included and the requirements that the States, 
units of local government, and Indian tribes must meet) in submitting 
the applications required under this section.

SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title, 
$4,000,000,000 for each of the fiscal years 2003 through 2005.

      TITLE II--STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE

SEC. 2001. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.

    Title III of the Workforce Investment Act of 1998 (Public Law 105-
220; 112 Stat. 1080) is amended by adding at the end the following:

    ``Subtitle E--Staffing for Adequate Fire and Emergency Response

``SEC. 351. SHORT TITLE.

    ``This subtitle may be cited as the `Staffing for Adequate Fire and 
Emergency Response Act of 2003' or as the `SAFER Act of 2003'.

``SEC. 352. PURPOSES.

    ``The purposes of this subtitle are--
            ``(1) to expand on the firefighter assistance grant program 
        under section 33 of the Federal Fire Prevention and Control Act 
        of 1974 (15 U.S.C. 2229), in order to ensure adequate funding 
        to increase the number of firefighting personnel throughout the 
        Nation;
            ``(2) to substantially increase the hiring of firefighters 
        so that communities can--
                    ``(A) meet industry minimum standards for providing 
                adequate protection from acts of terrorism and hazards; 
                and
                    ``(B) enhance the ability of firefighter units to 
                save lives, save property, and effectively respond to 
                all types of emergencies; and
            ``(3) to promote that substantial increase in hiring by 
        establishing a program of grants, authorized for 7 years, to 
        provide direct funding to States, units of local government, 
        and Indian tribal organizations for firefighter salaries and 
        benefits.

``SEC. 353. DEFINITIONS.

    ``In this subtitle:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State, a unit of local government, a tribal 
                organization, or another public entity; or
                    ``(B) a multi-jurisdictional or regional consortia 
                of entities described in subparagraph (A).
            ``(2) Firefighter.--The term `firefighter' has the meaning 
        given the term `employee in fire protection activities' in 
        section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        203).
            ``(3) Indian tribe; tribal organization.--The terms `Indian 
        tribe' and `tribal organization' have the meanings given the 
        terms in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Labor, acting after consultation with the Director of the 
        Federal Emergency Management Agency.
            ``(5) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.

``SEC. 354. AUTHORITY TO MAKE GRANTS.

    ``(a) Definition.--In this section, the term `qualifying entity', 
used with respect to a fiscal year, means any eligible entity 
(including a State) that has submitted an application under section 355 
for the fiscal year that meets the requirements of this subtitle and 
such additional requirements as the Secretary may prescribe.
    ``(b) Grant Authorization.--The Secretary may make grants to 
eligible entities to pay for the Federal share of the cost of carrying 
out projects to hire firefighters.
    ``(c) Minimum Amount.--
            ``(1) Amount.--For any fiscal year, the Secretary shall 
        ensure that the qualifying entities in each State shall 
        receive, through grants made under this section, a total amount 
        that is not less than \1/2\ of 1 percent of the amount 
        appropriated under section 362 for the fiscal year.
            ``(2) Exception.--Paragraph (1) shall not apply for a 
        fiscal year if the Secretary makes a grant under this section 
        to every qualifying entity for the fiscal year.
    ``(d) Grant Periods.--The Secretary may make grants under this 
section for periods of 3 years.
    ``(e) Federal Share.--
            ``(1) In general.--The Federal share of the cost of 
        carrying out a project to hire firefighters under this subtitle 
        shall be not more than 75 percent.
            ``(2) Non-federal share.--The non-Federal share shall be 
        provided--
                    ``(A) in cash;
                    ``(B) in the case of a State or unit of local 
                government, from assets received through an asset 
                forfeiture program; or
                    ``(C) in the case of a tribal organization or the 
                Bureau of Indian Affairs, from any Federal funds made 
                available for firefighting functions to assist an 
                Indian tribe.
            ``(3) Waiver.--The Secretary may waive the requirements of 
        paragraphs (1) and (2) for an eligible entity.

``SEC. 355. APPLICATIONS.

    ``(a) In General.--To be eligible to receive a grant under this 
subtitle, an entity shall submit an application to the Secretary at 
such time, in such manner, and containing such information as the 
Secretary may prescribe.
    ``(b) Contents.--Each such application shall--
            ``(1) include a long-term strategy and detailed 
        implementation plan, for the hiring to be conducted under the 
        grant, that reflects consultation with community groups and 
        appropriate private and public agencies and reflects 
        consideration of a statewide strategy for such hiring;
            ``(2) specify the reasons why the entity is unable to hire 
        sufficient firefighters to address the entity's needs, without 
        Federal assistance;
            ``(3)(A) specify the average number of firefighters 
        employed by the entity during the fiscal year prior to the 
        fiscal year for which the application is submitted; and
            ``(B) outline the initial and planned level of community 
        support for implementing the strategy and plan, including the 
        level of financial and in-kind contributions or other tangible 
        commitments;
            ``(4)(A) specify plans for obtaining necessary support and 
        continuing the employment of a greater number of firefighters 
        than the number specified under paragraph (3)(A), following the 
        conclusion of Federal assistance under this subtitle; and
            ``(B) include an assurance that the entity will continue 
        the employment of firefighters hired with funds made available 
        through the grant for at least 1 year after the end of the 
        grant period; and
            ``(5) include assurances that the entity will, to the 
        extent practicable, seek, recruit, and hire members of racial 
        and ethnic minority groups and women in order to increase the 
        ranks of minorities and women within the entity's firefighter 
        units.
    ``(c) Small Jurisdictions.--Notwithstanding any other provision of 
this subtitle, the Secretary may waive 1 or more of the requirements of 
subsection (b), and may make special provisions to facilitate the 
expedited submission, processing, and approval of an application under 
this section, for an eligible entity that is a unit of local 
government, or an eligible entity serving a fire district, that has 
jurisdiction over an area with a population of less than 50,000.
    ``(d) Preference.--In awarding grants under this subtitle, the 
Secretary--
            ``(1) shall give preference to a unit of local government; 
        and
            ``(2) may give preference, where feasible, to an eligible 
        entity that submits an application containing a plan that--
                    ``(A) provides for hiring (including rehiring) 
                career firefighters; and
                    ``(B) requires the entity to contribute a non-
                Federal share of more than 25 percent of the cost of 
                carrying out a project to hire the firefighters.
    ``(e) State and Local Applications.--If a unit of local government 
for a community, and the State in which the community is located, 
submit applications under this section for a fiscal year to carry out a 
project in a community, and the unit of local government and State are 
qualifying entities under section 354(a), the Secretary--
            ``(1) shall make a grant under this subtitle to the unit of 
        local government for that year; and
            ``(2) shall not make a grant under this subtitle to the 
        State to carry out a project in that community for that year.

``SEC. 356. USE OF FUNDS.

    ``(a) In General.--An eligible entity that receives a grant under 
this subtitle shall use the funds made available through the grant to 
hire career firefighters. The funds may only be used to increase the 
number of firefighters employed by the agency from the number specified 
under section 355(b)(3)(A). The funds may be used for salaries and 
benefits for the firefighters.
    ``(b) Hiring Costs.--
            ``(1) Fiscal year 2003.--For fiscal year 2003, in hiring 
        any 1 firefighter, the entity may not use more than $90,000 of 
        such funds.
            ``(2) Subsequent years.--For each subsequent fiscal year, 
        in hiring any 1 firefighter, the entity may not use more than 
        $90,000 of such funds, increased or decreased by the same 
        percentage as the percentage by which the Consumer Price Index 
        for All Urban Consumers (United States city average), published 
        by the Secretary of Labor, has increased or decreased by 
        September of the preceding fiscal year from such Index for 
        September 2002.
            ``(3) Waivers.--The Secretary may waive the requirements of 
        paragraph (1) or (2) for an eligible entity.
    ``(c) Supplement, not Supplant.--Funds appropriated pursuant to the 
authority of this subtitle shall be used to supplement and not supplant 
other Federal, State, and local public funds expended to hire 
firefighters.

``SEC. 357. TECHNICAL ASSISTANCE.

    ``The Secretary may provide technical assistance to eligible 
entities to further the purposes of this Act.

``SEC. 358. MONITORING AND EVALUATIONS.

    ``(a) Monitoring Components.--Each project funded through a grant 
made under this subtitle shall contain a monitoring component, 
developed pursuant to regulations established by the Secretary. The 
monitoring required by this subsection shall include systematic 
identification and collection of data about the project throughout the 
period of the project and presentation of such data in a usable form.
    ``(b) Evaluation Components.--The Secretary may require that 
selected grant recipients under this subtitle conduct local evaluations 
or participate in a national evaluation, pursuant to regulations 
established by the Secretary. Such local or national evaluations may 
include assessments of the implementation of different projects. The 
Secretary may require selected grant recipients under this subtitle to 
conduct local outcome evaluations to determine the effectiveness of 
projects under this subtitle.
    ``(c) Periodic Reports.--The Secretary may require a grant 
recipient under this subtitle to submit to the Secretary the results of 
the monitoring and evaluations required under subsections (a) and (b) 
and such other data and information as the Secretary determines to be 
reasonably necessary.
    ``(d) Revocation or Suspension of Funding.--If the Secretary 
determines, as a result of the monitoring or evaluations required by 
this section, or otherwise, that a grant recipient under this subtitle 
is not in substantial compliance with the terms and requirements of an 
approved grant application submitted under section 355, the Secretary 
may revoke the grant or suspend part or all of the funding provided 
under the grant.

``SEC. 359. ACCESS TO DOCUMENTS.

    ``For the purpose of conducting an audit or examination of a grant 
recipient that carries out a project under this subtitle, the Secretary 
and the Comptroller General of the United States shall have access to 
any pertinent books, documents, papers, or records of the grant 
recipient and any State or local government, person, business, or other 
entity, that is involved in the project.

``SEC. 360. REPORT TO CONGRESS.

    ``Not later than September 30, 2009, the Secretary shall submit a 
report to Congress concerning the experiences of eligible entities in 
carrying out projects under this subtitle, and the effects of the 
grants made under this subtitle. The report may include recommendations 
for such legislation as the Secretary may consider to be appropriate, 
which may include reauthorization of this subtitle.

``SEC. 361. REGULATIONS.

    ``The Secretary may issue regulations to carry out this subtitle.

``SEC. 362. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this subtitle--
            ``(1) $1,000,000,000 for fiscal year 2003;
            ``(2) $1,030,000,000 for fiscal year 2004;
            ``(3) $1,061,000,000 for fiscal year 2005;
            ``(4) $1,093,000,000 for fiscal year 2006;
            ``(5) $1,126,000,000 for fiscal year 2007;
            ``(6) $1,159,000,000 for fiscal year 2008; and
            ``(7) $1,194,000,000 for fiscal year 2009.
    ``(b) Availability.--Funds appropriated under subsection (a) for a 
fiscal year shall remain available until the end of the second 
succeeding fiscal year.''.

SEC. 2002. CONFORMING AMENDMENT.

    The table of contents in section 1(b) of the Workforce Investment 
Act of 1998 (Public Law 105-220; 112 Stat. 936) is amended, in the 
items relating to title III, by adding at the end the following:

    ``Subtitle E--Staffing for Adequate Fire and Emergency Response

        ``Sec. 351. Short title.
        ``Sec. 352. Purposes.
        ``Sec. 353. Definitions.
        ``Sec. 354. Authority to make grants.
        ``Sec. 355. Applications.
        ``Sec. 356. Use of funds.
        ``Sec. 357. Technical assistance.
        ``Sec. 358. Monitoring and evaluations.
        ``Sec. 359. Access to documents.
        ``Sec. 360. Report to Congress.
        ``Sec. 361. Regulations.
        ``Sec. 362. Authorization of appropriations.''.

                TITLE III--SENSITIVE NUCLEAR FACILITIES

SECTION 3001. SHORT TITLE.

    This title may be cited as the ``Nuclear Security Act of 2003''.

SEC. 3002. DEFINITIONS.

    Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is 
amended--
            (1) by redesignating subsection jj. as subsection ii.; and
            (2) by adding at the end the following:
    ``(jj) Homeland Security Officer.--The term `Homeland Security 
Officer' means a Federal official with responsibility for coordinating 
efforts to maintain homeland security against acts of terrorism, and 
designated by the President to perform the duties of the Homeland 
Security Officer under this Act.
    ``(kk) Private Security Force.--The term `private security force', 
with respect to a sensitive nuclear facility, means personnel hired or 
contracted by the licensee of the sensitive nuclear facility to provide 
security at the sensitive nuclear facility.
    ``(ll) Sensitive Nuclear Facility.--
            ``(1) In general.--The term `sensitive nuclear facility' 
        means a facility licensed by the Commission (or the portion of 
        a facility used in the conduct of an activity licensed by the 
        Commission).
            ``(2) Inclusions.--The term `sensitive nuclear facility' 
        includes--
                    ``(A) an operating commercial nuclear power plant;
                    ``(B) an independent spent fuel storage facility;
                    ``(C) a commercial nuclear power plant that is 
                being decommissioned or a portion of a commercial 
                nuclear power plant that contains material licensed by 
                the Commission;
                    ``(D) a category I fuel cycle facility; and
                    ``(E) a gaseous diffusion plant.''.

SEC. 3003. NUCLEAR FACILITY SECURITY.

    (a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42 
U.S.C. 2201 et seq.) is amended by adding at the end the following:

``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Antiterrorism team.--The term `antiterrorism team' 
        means the Nuclear Infrastructure Antiterrorism Team established 
        under subsection (h).
            ``(2) Federal security coordinator.--The term `Federal 
        security coordinator' means the Federal security coordinator 
        assigned to a sensitive nuclear facility under subsection (k).
            ``(3) Task force.--The term `task force' means the task 
        force on nuclear infrastructure security established by 
        subsection (b).
            ``(4) Threat.--The term `threat' means a threat identified 
        under subsection (c).
            ``(5) Threat level.--The term `threat level' means a threat 
        level determined under subsection (d).
    ``(b) Task Force on Nuclear Infrastructure Security.--
            ``(1) Establishment.--There is established a task force on 
        nuclear infrastructure security.
            ``(2) Membership.--The task force shall be comprised of--
                    ``(A) the chairman of the Commission, who shall 
                serve as chairperson of the task force;
                    ``(B) the Secretary of Defense;
                    ``(C) the Secretary of Transportation;
                    ``(D) the Administrator of the Environmental 
                Protection Agency;
                    ``(E) the Attorney General;
                    ``(F) the Secretary of State;
                    ``(G) the Director of the Central Intelligence 
                Agency;
                    ``(H) the Secretary of Health and Human Services;
                    ``(I) the Director of the Federal Emergency 
                Management Agency; and
                    ``(J) the Homeland Security Officer.
            ``(3) Duties.--
                    ``(A) In general.--The task force, in consultation 
                with other Federal, State, and local agencies, 
                stakeholders, and members of the public, as 
                appropriate, shall examine the protection of sensitive 
                nuclear facilities from potential terrorist threats.
                    ``(B) Security review.--
                            ``(i) In general.--The task force shall 
                        examine--
                                    ``(I) the classification of threats 
                                as--
                                            ``(aa) an act--

                                                    ``(AA) by an enemy 
                                                of the United States 
                                                (whether a foreign 
                                                government or other 
                                                person); or

                                                    ``(BB) otherwise 
                                                falling under the 
                                                responsibilities of the 
                                                Federal Government; or

                                            ``(bb) an act involving a 
                                        type of risk that the licensees 
                                        of the Commission should be 
                                        responsible for guarding 
                                        against;
                                    ``(II) coordination of Federal, 
                                State, and local security efforts for 
                                protection of land, water, and ground 
                                access to sensitive nuclear facilities 
                                in the event of a terrorist attack or 
                                attempted terrorist attack;
                                    ``(III) the adequacy of existing 
                                emergency planning zones to protect the 
                                public health and safety in the event 
                                of a terrorist attack against a 
                                sensitive nuclear facility;
                                    ``(IV) the adequacy and 
                                coordination of Federal, State, and 
                                local emergency planning, evacuation, 
                                and other measures to protect the 
                                public health and safety in the event 
                                of a terrorist attack against a 
                                sensitive nuclear facility;
                                    ``(V) the threats that sensitive 
                                nuclear facilities must protect against 
                                to prevent acts of radiological 
                                sabotage and theft of special nuclear 
                                material;
                                    ``(VI) the system of threat levels, 
                                consistent with the Homeland Security 
                                Advisory System, used to categorize the 
                                threats against a sensitive nuclear 
                                facility, including--
                                            ``(aa) procedures to ensure 
                                        coordinated Federal, State, and 
                                        local responses to changing 
                                        threat levels for sensitive 
                                        nuclear facilities;
                                            ``(bb) monitoring of 
                                        threats against sensitive 
                                        nuclear facilities; and
                                            ``(cc) procedures to notify 
                                        licensees of a sensitive 
                                        nuclear facility of changes in 
                                        threat levels;
                                    ``(VII) the development, 
                                implementation, and revision of 
                                security plans for sensitive nuclear 
                                facilities;
                                    ``(VIII) the establishment of the 
                                antiterrorism team under subsection 
                                (h);
                                    ``(IX) the hiring and training 
                                standards for members of private 
                                security forces at sensitive nuclear 
                                facilities, in accordance with 
                                subsection (i);
                                    ``(X) the coordination of Federal 
                                resources to expedite and improve the 
                                process of performing background checks 
                                on employees with access to sensitive 
                                nuclear facilities; and
                                    ``(XI) the creation of a program to 
                                provide technical assistance and 
                                training for the national guard, State 
                                law enforcement agencies, and local law 
                                enforcement agencies to respond, as 
                                appropriate, to threats against a 
                                sensitive nuclear facility, including 
                                recommendations for the establishment 
                                of a grant program for State and local 
                                governments to carry out any 
                                recommended requirements under this 
                                section.
                            ``(ii) Threats.--The threats to be examined 
                        include--
                                    ``(I) threats comparable to the 
                                events of September 11, 2001;
                                    ``(II) cyber or biochemical 
                                threats;
                                    ``(III) attacks on a sensitive 
                                nuclear facility by multiple 
                                coordinated teams of a large number of 
                                individuals;
                                    ``(IV) attacks from several persons 
                                employed at the sensitive nuclear 
                                facility, some of whom may have 
                                sophisticated knowledge of the 
                                operations of the sensitive nuclear 
                                facility;
                                    ``(V) attacks from individuals 
                                willing to commit suicide to carry out 
                                the attacks;
                                    ``(VI) water-based and air-based 
                                attacks;
                                    ``(VII) attacks using explosive 
                                devises of considerable size and modern 
                                weaponry;
                                    ``(VIII) fire, especially fire of 
                                long duration; and
                                    ``(IX) any combination of those 
                                threats.
            ``(4) Report.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of this section, the task force 
                shall submit to the President and Congress, in 
                classified form and unclassified form, a report with 
                recommendations and findings.
                    ``(B) Revision.--The task force shall revise the 
                recommendations periodically, but not less than once 
                every 3 years.
    ``(c) Threats to Sensitive Nuclear Facilities.--
            ``(1) In general.--Not later than 150 days after the task 
        force submits the report under subsection (b)(4), the 
        Commission shall promulgate regulations, based on and 
        consistent with the findings and recommendations of the task 
        force, identifying the threats that sensitive nuclear 
        facilities must protect against to prevent acts of radiological 
        sabotage and the theft of special nuclear material at sensitive 
        nuclear facilities.
            ``(2) Protection of safeguards information.--In 
        promulgating regulations under this subsection, the Commission 
        shall ensure protection of safeguards information in accordance 
        with section 147.
    ``(d) Threat Levels.--Not later than 150 days after the task force 
submits the report under subsection (b)(4), the Commission shall 
promulgate regulations, based on and consistent with the findings and 
recommendations of the task force, establishing a system for the 
determination of multiple threat levels to describe the threat 
conditions at sensitive nuclear facilities.
    ``(e) Security Plans.--
            ``(1) In general.--Not later than 1 year after the date on 
        which the Commission establishes the threats under subsection 
        (c), the Commission shall review, based on and consistent with 
        the findings and recommendations of the task force, the 
        security plan for each sensitive nuclear facility to ensure 
        that each sensitive nuclear facility protects against those 
        threats.
            ``(2) Aspects of review.--The Commission shall ensure that 
        the security plan provides for--
                    ``(A) the deployment and capabilities of the 
                private security force at the sensitive nuclear 
                facility for each threat level;
                    ``(B) coordination between the private security 
                force and the antiterrorism team for the sensitive 
                nuclear facility, as appropriate for each threat level;
                    ``(C) secure operation of vital equipment, such as 
                control room equipment and backup warning systems;
                    ``(D) access restrictions;
                    ``(E) security cameras, fire protection barriers, 
                and other physical security measures;
                    ``(F) protection of spent fuel, including options 
                such as placement of spent fuel in dry cask storage;
                    ``(G) background security checks for employees and 
                prospective employees; and
                    ``(H) coordination among licensees of sensitive 
                nuclear facilities and appropriate Federal, state, and 
                local emergency response personnel.
            ``(3) Schedule.--The Commission shall establish a priority 
        schedule for conducting reviews of security plans based on the 
        vulnerability of each sensitive nuclear facility and the 
        proximity of the sensitive nuclear facility to large population 
        areas.
            ``(4) Findings.--
                    ``(A) In general.--Not later than 30 days after the 
                review of each security plan, the Commission shall 
                submit to Congress and the licensee of each sensitive 
                nuclear facility recommendations, findings, and a 
                schedule for implementation of changes to security that 
                shall be made not later than 18 months after completion 
                of the review of the security plan.
                    ``(B) Form.--The report submitted to Congress under 
                subparagraph (A) shall be submitted in classified and 
                unclassified form.
            ``(5) Upgrades to security plan.--Not later than 30 days 
        after the review of each security plan, the Commission shall 
        ensure that the licensee of each sensitive nuclear facility 
        revises, as necessary, its security plan consistent with the 
        findings under paragraph (4).
            ``(6) Upgrades to security.--The Commission shall ensure 
        that the licensee of each sensitive nuclear facility makes any 
        changes to security required by the security plan according to 
        the Commission schedule.
    ``(f) Emergency Response Plans.--
            ``(1) In general.--Not later than 150 days after the task 
        force submits the report under subsection (b)(4), the 
        Commission shall review, based on and consistent with the 
        findings and recommendations of the task force, the emergency 
        response plans for each sensitive nuclear facility to ensure 
        that each emergency response plan provides protection for 
        persons living in the emergency response planning zones.
            ``(2) Aspects of review.--The Commission shall ensure that 
        each emergency response plan provides for--
                    ``(A) the protection of public health and safety, 
                including the ability to implement protective measures;
                    ``(B) clear definition and assignment of 
                responsibilities of emergency response personnel;
                    ``(C) notification procedures;
                    ``(D) communication and coordination among 
                emergency response personnel;
                    ``(E) dissemination of information to the public, 
                including both pre-emergency education and in the event 
                of a radiological emergency;
                    ``(F) adequate emergency facilities and equipment 
                at and around the sensitive nuclear facility;
                    ``(G) the use of methods, systems, and equipment 
                for assessing and monitoring actual or potential 
                impacts of a radiological emergency;
                    ``(H) appropriate evacuation and sheltering and the 
                prophylactic use of potassium iodide;
                    ``(I) means for controlling radiological exposures;
                    ``(J) appropriate medical services;
                    ``(K) plans for recovery and reentry; and
                    ``(L) radiological emergency response training.
            ``(3) Schedule.--The Commission shall establish a priority 
        schedule for conducting reviews of emergency response plans for 
        sensitive nuclear facilities based on the relative degrees of 
        vulnerability of sensitive nuclear facilities and the proximity 
        of sensitive nuclear facilities to large population areas.
            ``(4) Findings.--
                    ``(A) In general.--Not later than 30 days after the 
                review of each emergency response plan, the Commission 
                shall submit to Congress and the licensee of each 
                sensitive nuclear facility recommendations and 
                findings.
                    ``(B) Form.--The report submitted to Congress under 
                subparagraph (A) shall be submitted in classified and 
                unclassified form.
            ``(5) Upgrades to emergency response plan.--Not later than 
        30 days after completion of the review of each emergency 
        response plan, the Commission shall ensure that the licensee of 
        each sensitive nuclear facility revises, as necessary, the 
        emergency response plan for the sensitive nuclear facility 
        consistent with the findings under paragraph (4).
    ``(g) Federal Coordination.--Not later than 90 days after the task 
force submits the report under subsection (b)(4), the Commission shall 
promulgate regulations, based on and consistent with the findings and 
recommendations of the task force, establishing the circumstances under 
which the Commission shall request the President to--
            ``(1) deploy the Coast Guard to a sensitive nuclear 
        facility;
            ``(2) provide for the protection of air space in the 
        vicinity of a sensitive nuclear facility; or
            ``(3) deploy the antiterrorism team.
    ``(h) Nuclear Infrastructure Antiterrorism Team.--
            ``(1) Establishment.--Not later than 1 year after the task 
        force submits the report under subsection (b)(4), the President 
        shall establish, based on and consistent with the findings and 
        recommendations of the task force, the Nuclear Infrastructure 
        Antiterrorism Team.
            ``(2) Purpose.--The purpose of the antiterrorism team shall 
        be to provide protection for the perimeter of sensitive nuclear 
        facilities against the threats identified under subsection (c), 
        in coordination with other Federal, State, local, and private 
        entities, as appropriate, consistent with the security plan for 
        each sensitive nuclear facility.
    ``(i) Training Program.--
            ``(1) In general.--Not later than 180 days after the task 
        force submits the report under subsection (b)(4)(B), the 
        President shall establish, based on and consistent with 
        findings and recommendations of the task force, a program to 
        provide technical assistance and training for the National 
        Guard and State and local law enforcement agencies in 
        responding to threats against a sensitive nuclear facility.
            ``(2) Grants.--The President may provide grants, consistent 
        with the findings and recommendations of the task force, to 
        State and local governments to assist in carrying out this 
        section.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.
    ``(j) Employee Security.--
            ``(1) Review.--Not later than 90 days after the task force 
        submits the report under subsection (b)(4), the Commission, 
        taking into consideration recommendations of the task force, 
        shall review and update the hiring and training standards for 
        employees of a sensitive nuclear facility.
            ``(2) Criminal and security background checks.--The 
        Commission shall require that--
                    ``(A) each employee at a sensitive nuclear facility 
                pass a criminal and security background check; and
                    ``(B) criminal and security background checks be 
                updated on a periodic basis, as appropriate.
            ``(3) Disqualification of individuals who present national 
        security risks.--The Commission, based on and consistent with 
        the findings and recommendations of the task force, shall 
        establish qualifications and procedures, in addition to any 
        criminal and security background check conducted under 
        paragraph (2), to ensure that no individual who presents a 
        threat to national security is employed at a sensitive nuclear 
        facility.
    ``(k) Federal Security Coordinators.--
            ``(1) In general.--Not later than 120 days after the task 
        force submits the report under subsection (b)(4), the 
        Commission, based on and consistent with findings and 
        recommendations of the  task force, shall promulgate 
regulations for the hiring and training of Federal security 
coordinators.
            ``(2) Assignment of federal security coordinators.--Not 
        later than 60 days after the Commission promulgates regulations 
        under paragraph (1), the Commission shall assign a Federal 
        security coordinator, under the employment of the Commission, 
        at each sensitive nuclear facility.
            ``(3) Responsibilities.--The Federal security coordinator 
        shall be responsible for--
                    ``(A) communicating with the Commission and other 
                Federal, State, and local authorities concerning 
                threats, including threats against the sensitive 
                nuclear facility;
                    ``(B) ensuring that the sensitive nuclear facility 
                maintains security consistent with the security plan in 
                accordance with the appropriate threat level; and
                    ``(C) ensuring full and active coordination of 
                security measures among--
                            ``(i) the private security force at the 
                        sensitive nuclear facility;
                            ``(ii) the antiterrorism team; and
                            ``(iii) other Federal, State, and local 
                        authorities, as appropriate.
    ``(l) Classified Information.--Nothing in this section shall be 
construed to supersede any existing law (including a regulation) 
governing the disclosure of classified information or safeguards 
information.''.

SEC. 3004. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.

    (a) In General.--Title II of the Energy Reorganization Act of 1974 
(42 U.S.C. 5841 et seq.) is amended by adding at the end the following:

``SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.

    ``(a) Definitions.--In this section:
            ``(1) Antiterrorism team.--The term `antiterrorism team' 
        has the meaning given the term in section 170C(a) of the Atomic 
        Energy Act of 1954.
            ``(2) Assistant director.--The term `Assistant Director' 
        means the Assistant Director for Security Response.
            ``(3) Director.--The term `Director' means the Director of 
        Nuclear Security and Incident Response appointed under 
        subsection (c).
            ``(4) Mock terrorist team.--The term `mock terrorist team' 
        means the mock terrorist team described in subsection (d)(3).
            ``(5) Office.--The term `Office' means the Office of 
        Nuclear Security and Incident Response established by 
        subsection (b).
            ``(6) Sensitive nuclear facility.--The term `sensitive 
        nuclear facility' has the meaning given the term in section 11 
        of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
            ``(7) Threat.--The term `threat' has the meaning given the 
        term in section 170C(a) of the Atomic Energy Act of 1954.
            ``(8) Unit.--The term `Unit' means the Security Response 
        Unit established under subsection (d)(1).
    ``(b) Establishment of Office.--There is established in the 
Commission the Office of Nuclear Security and Incident Response.
    ``(c) Director.--
            ``(1) Appointment.--The Commission may appoint and 
        terminate a Director of Nuclear Security and Incident Response 
        to head the Office.
            ``(2) Duties.--The Director shall perform any duties 
        delegated by the Commission to the Director, including--
                    ``(A) carrying out security, safeguards, and 
                incident responses relating to--
                            ``(i) any facility owned or operated by a 
                        Commission licensee or certificate holder;
                            ``(ii) any property owned or in the 
                        possession of a Commission licensee or 
                        certificate holder that--
                                    ``(I) is significant to the common 
                                defense and security; or
                                    ``(II) is being transported to or 
                                from a facility described in clause 
                                (i); and
                            ``(iii) performing any other activity of a 
                        Commission licensee or certificate holder that 
                        is significant to the common defense and 
                        security;
                    ``(B) for a facility or material licensed or 
                certified under the Atomic Energy Act of 1954 (42 
                U.S.C. 2011 et seq.)--
                            ``(i) developing contingency plans for 
                        dealing with threats, thefts, and sabotage; and
                            ``(ii) monitoring, reviewing, and 
                        evaluating security and safeguards;
                    ``(C) recommending upgrades to internal accounting 
                systems for special nuclear and other materials 
                licensed or certified under the Atomic Energy Act of 
                1954 (42 U.S.C. 2011 et seq.);
                    ``(D) developing and recommending standards and 
                amendments to the standards of the Commission relating 
                to the duties described in subparagraphs (A) through 
                (C); and
                    ``(E) carrying out any other safeguards and 
                physical security functions that the Commission 
                determines to be appropriate.
            ``(3) Consultation.--In carrying out the duties under 
        paragraph (2), the Director shall, to the maximum extent 
        practicable, consult and coordinate with--
                    ``(A) other officers of the Commission; and
                    ``(B) other Federal agencies.
    ``(d) Security Response Unit.--
            ``(1) Establishment.--There is established in the Office 
        the Security Response Unit.
            ``(2) Head of unit.--The Unit shall be headed by an 
        Assistant Director for Security Response.
            ``(3) Mock terrorist team.--The personnel of the Unit shall 
        include a mock terrorist team comprised of--
                    ``(A) a number of individuals, consistent with the 
                threat, who have advanced knowledge of special weapons 
                and tactics comparable to special operations forces of 
                the Armed Forces;
                    ``(B) nuclear engineers, as appropriate;
                    ``(C) individuals with knowledge of the operations 
                of the sensitive nuclear facility who are capable of 
                actively disrupting the normal operations of the 
                sensitive nuclear facility; and
                    ``(D) any other individual that the Commission 
                determines should be a member of the mock terrorist 
                team.
            ``(4) Security response evaluations.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, the Commission shall 
                establish a security response evaluation program to 
                assess the ability of each sensitive nuclear facility 
                to defend against the threats in accordance with the 
                security plan for the sensitive nuclear facility.
                    ``(B) Frequency of evaluations.--Not less than once 
                every 3 years, the Commission shall conduct and 
                document security response evaluations at each 
                sensitive nuclear facility to assess the ability of the 
                private security force, in cooperation with the 
                antiterrorism team, at  the sensitive nuclear facility 
to defend against the threat.
                    ``(C) Security exemption.--The Commission may 
                suspend activities under this section if the Commission 
                determines that the security response evaluations would 
                compromise security at any sensitive nuclear facility 
                in accordance with a heightened threat level.
                    ``(D) Activities.--The security response evaluation 
                shall include force-on-force exercises by the mock 
                terrorist team against the sensitive nuclear facility 
                that simulate air, water, and land assaults, as 
                appropriate.
                    ``(E) Performance criteria.--The Commission shall 
                establish performance criteria for judging the security 
                response evaluations.
                    ``(F) Corrective action.--
                            ``(i) In general.--When any of the 
                        performance criteria established under 
                        subparagraph (E) are not satisfied--
                                    ``(I) the licensee shall promptly 
                                correct any defects in performance 
                                identified by the Commission in the 
                                security response evaluation; and
                                    ``(II) the Commission shall conduct 
                                an additional security response 
                                evaluation within 6 months to confirm 
                                that the licensee satisfies the 
                                performance criteria established under 
                                subparagraph (E).
                            ``(ii) 2 consecutive failures to satisfy 
                        all performance criteria.--
                                    ``(I) In general.--If a sensitive 
                                nuclear facility fails to satisfy all 
                                of the performance criteria established 
                                under subparagraph (E) in 2 consecutive 
                                security response evaluations, the 
                                Commission shall issue an order 
                                specifying the corrective actions that 
                                must be taken by the licensee of the 
                                sensitive nuclear facility.
                                    ``(II) Failure to take corrective 
                                action.--If the licensee of a sensitive 
                                nuclear facility does not take the 
                                corrective action specified by the 
                                Commission within 30 days after the 
                                date of issuance of an order under 
                                subclause (I), the Commission shall 
                                assess a civil penalty under section 
                                234.
                    ``(G) Reports.--Not less often than once every 
                year, the Commission shall submit to Congress and the 
                President a report, in classified form and unclassified 
                form, that describes the results of each security 
                response evaluation under this paragraph for the 
                previous year.
    ``(e) Emergency Response Exercises.--
            ``(1) In general.--Not less than once every 2 years, the 
        Commission, in coordination with the Director of the Federal 
        Emergency Management Agency, shall conduct emergency response 
        exercises to evaluate the ability of Federal, State, and local 
        emergency response personnel to respond to a radiological 
        emergency at the sensitive nuclear facility in accordance with 
        the emergency response plans.
            ``(2) Activities.--The emergency response exercises shall 
        evaluate--
                    ``(A) the response capabilities, response times, 
                and coordination and communication capabilities of the 
                response personnel;
                    ``(B) the effectiveness and adequacy of emergency 
                response and evacuation plans; and
                    ``(C) the availability of potassium iodide or other 
                prophylactic medicines.
            ``(3) Revision of emergency response plans.--The Commission 
        shall ensure that the emergency response plan for a sensitive 
        nuclear facility is revised to correct for any deficiencies 
        identified by an evaluation under this subsection.
            ``(4) Reports.--Not less than once every year, the 
        Commission shall submit to the President and Congress a report, 
        in classified form and unclassified form, that describes--
                    ``(A) the results of each emergency response 
                exercise under this subsection conducted in the 
                previous year; and
                    ``(B) each revision of an emergency response plan 
                made under paragraph (3) for the previous year.
    ``(f) Effect.--Nothing in this section limits any authority of the 
Department of Energy relating to the safe operation of facilities under 
the jurisdiction of the Department.''.
    (b) Conforming Amendments.--Title II of the Energy Reorganization 
Act of 1974 is amended--
            (1) in section 203(b) (42 U.S.C. 5843(b))--
                    (A) in paragraph (1), by striking ``licensing and 
                regulation involving'' and inserting ``licensing, 
                regulation, and, except as otherwise provided under 
                section 212, carrying out safety reviews, safeguards, 
                and physical security of''; and
                    (B) in paragraph (2), by striking ``and 
                safeguards''; and
            (2) in section 204(b) (42 U.S.C. 5844(b))--
                    (A) in paragraph (1)--
                            (i) by striking ``including'' and inserting 
                        ``not including''; and
                            (ii) by striking ``and materials.'' and 
                        inserting ``and materials, to the extent that 
                        the safeguards and security functions are 
                        delegated to the Office of Nuclear Security and 
                        Incident Response under section 212.''; and
                    (B) in paragraph (2)--
                            (i) by striking ``and safeguards''; and
                            (ii) by striking ``, as amended,'' and all 
                        that follows through the period and inserting 
                        ``(42 U.S.C. 2011 et seq.)''.

SEC. 3005. CARRYING OF WEAPONS BY LICENSEE EMPLOYEES.

    Chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 
2201 et seq.) (as amended by section 3003(a)) is amended--
            (1) in section 161, by striking subsection k. and inserting 
        the following:
    ``k. authorize--
            ``(1) to carry a firearm in the performance of official 
        duties such of its members, officers, and employees, such of 
        the employees of its contractors and subcontractors (at any 
        tier) engaged in the protection of property under the 
        jurisdiction of the United States located at facilities owned 
        by or contracted to the United States or being transported to 
        or from such facilities, and such of the employees of persons 
        licensed or certified by the Commission (including employees of 
        contractors of licensees or certificate holders) engaged in the 
        protection of facilities owned or operated by a Commission 
        licensee or certificate holder that are designated by the 
        Commission or in the protection of property of significance to 
        the common defense and security located at facilities owned or 
        operated by a Commission licensee or certificate holder or 
        being transported to or from such facilities, as the Commission 
        considers necessary, in view  of site-specific conditions, in 
the interest of the common defense and security; and
            ``(2) to carry and use any other weapons, devices, or 
        ammunition in the performance of officials duties, any 
        employees of persons licensed or certified by the Commission 
        (including employees of contractors of licensees or certificate 
        holders) who are trained and qualified as guards and whose duty 
        is the protection of facilities or property described in 
        paragraph (1), regardless of whether the employees are Federal, 
        State, or local law enforcement officers;'' and
            (2) by adding at the end the following:

``SEC. 170D. CARRYING OF WEAPONS.

    ``(a) Authority To Make Arrest.--
            ``(1) In general.--A person authorized under section 161k. 
        to carry a firearm, other weapon, device, or ammunition may, 
        while in the performance of, and in connection with, official 
        duties, detain or arrest an individual without a warrant for 
        any offense against the United States committed in the presence 
        of the person or for any felony under the laws of the United 
        States if the person has a reasonable ground to believe that 
        the individual has committed or is committing such a felony.
            ``(2) Limitation.--An employee of a contractor or 
        subcontractor or of a Commission licensee or certificate holder 
        (or a contractor of a licensee or certificate holder) 
        authorized to make an arrest under paragraph (1) may make an 
        arrest only after the Commission, licensee, or certificate 
        holder has applied for and been granted authorization from the 
        Commission--
                    ``(A) when the individual is within, or is in 
                flight directly from, the area in which the offense was 
                committed; and
                    ``(B) in the enforcement of--
                            ``(i) a law regarding the property of the 
                        United States in the custody of the Department 
                        of Energy, the Commission, or a contractor of 
                        the Department of Energy or Commission or a 
                        licensee or certificate holder of the 
                        Commission;
                            ``(ii) a law applicable to facilities owned 
                        or operated by a Commission licensee or 
                        certificate holder that are designated by the 
                        Commission under section 161k.;
                            ``(iii) a law applicable to property of 
                        significance to the common defense and security 
                        that is in the custody of a licensee or 
                        certificate holder or a contractor of a 
                        licensee or certificate holder of the 
                        Commission; or
                            ``(iv) any provision of this Act that 
                        subjects an offender to a fine, imprisonment, 
                        or both.
            ``(3) Other authority.--The arrest authority conferred by 
        this section is in addition to any arrest authority under other 
        law.
            ``(4) Guidelines.--
                    ``(A) In general.--The Secretary and the 
                Commission, with the approval of the Attorney General, 
                shall issue guidelines to implement section 161k. and 
                this subsection.
                    ``(B) Effective date.--The authority to carry and 
                use weapons, devices, or ammunition provided to 
                employees described in section 161k.(2) and the 
                authority provided to those employees under this 
                subsection shall not be effective until the date on 
                which guidelines issued under subparagraph (A) become 
                effective.''.

SEC. 3006. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

    (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 
U.S.C. 2201 et seq.) (as amended by section 3006) is amended by adding 
at the end the following:

``SEC. 170E. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

    ``(a) Definitions.--In this section:
            ``(1) Sensitive radioactive material.--
                    ``(A) In general.--The term `sensitive radioactive 
                material' means--
                            ``(i) a material--
                                    ``(I) that is a source material, 
                                byproduct material, or special nuclear 
                                material; and
                                    ``(II) that is any other 
                                radioactive material (regardless of 
                                whether the material is or has been 
                                licensed or otherwise regulated under 
                                this Act) produced or made radioactive 
                                before or after the date of enactment 
                                of this section; and
                            ``(ii) that is in such a form or quantity 
                        or concentration that the Commission 
                        determines, based on and consistent with the 
                        recommendations of the task force, should be 
                        classified as `sensitive radioactive material' 
                        that warrants improved security and protection 
                        against loss, theft, or sabotage.
                    ``(B) Exclusion.--The term `sensitive radioactive 
                material' does not include nuclear fuel or spent 
                nuclear fuel.
            ``(2) Security threat.--The term `security threat' means--
                    ``(A) a threat of sabotage or theft of sensitive 
                radioactive material;
                    ``(B) a threat of use of sensitive radioactive 
                material in a radiological dispersal device; and
                    ``(C) any other threat of terrorist or other 
                criminal activity involving sensitive radioactive 
                material that could harm the health or safety of the 
                public due primarily to radiological properties of the 
                sensitive radioactive material, as determined by the 
                Commission based on and consistent with the 
                recommendations of the task force.
            ``(3) Task force.--The term `task force' has the meaning 
        given the term in section 170C(a).
    ``(b) Duties.--
            ``(1) In general.--The task force shall--
                    ``(A) evaluate the security of sensitive 
                radioactive material against security threats; and
                    ``(B) recommend administrative and legislative 
                actions to be taken to provide the maximum practicable 
                degree of security against security threats.
            ``(2) Considerations.--In carrying out paragraph (1), the 
        task force shall make recommendations to--
                    ``(A) determine the radioactive materials that 
                should be classified as sensitive radioactive 
                materials;
                    ``(B) develop a classification system for sensitive 
                radioactive materials that--
                            ``(i) is based on the potential for use by 
                        terrorists of sensitive radioactive material 
                        and the extent of the threat to public health 
                        and safety posed by that potential; and
                            ``(ii) takes into account--
                                    ``(I) radioactivity levels of 
                                sensitive radioactive material;
                                    ``(II) the dispersibility of 
                                sensitive radioactive material;
                                    ``(III) the chemical and material 
                                form of sensitive radioactive material; 
                                and
                                    ``(IV) other appropriate factors;
                    ``(C) develop a national system for recovery of 
                sensitive radioactive material that is lost or stolen, 
                taking into account the classification system 
                established under subparagraph (B);
                    ``(D) provide for the storage of sensitive 
                radioactive material that is not currently in use in a 
                safe and secure manner;
                    ``(E) develop a national tracking system for 
                sensitive radioactive material, taking into account the 
                classification system established under subparagraph 
                (B);
                    ``(F) develop methods to ensure the return or 
                proper disposal of sensitive radioactive material;
                    ``(G) modify current export controls on sensitive 
                radioactive materials so that, to the extent feasible, 
                exports from the United States of sensitive radioactive 
                materials are made only to foreign recipients that are 
                willing and able to control the sensitive radioactive 
                materials in the same manner as recipients in the 
                United States; and
                    ``(H) establish procedures to improve the security 
                of sensitive radioactive material in use, 
                transportation, and storage.
            ``(3) Procedures to improve security.--The procedures to 
        improve the security of sensitive radioactive material under 
        paragraph (2)(H) may include--
                    ``(A) periodic audits or inspections by the 
                Commission to ensure that sensitive radioactive 
                material is properly secured and can be fully accounted 
                for;
                    ``(B) evaluation by the Commission of security 
                measures taken by persons that possess sensitive 
                radioactive material;
                    ``(C) imposition of increased fines for violations 
                of regulations relating to security and safety measures 
                applicable to licensees that possess sensitive 
                radioactive material;
                    ``(D) conduct of background checks on individuals 
                with access to sensitive radioactive material;
                    ``(E) measures to ensure the physical security of 
                facilities in which sensitive radioactive material is 
                stored; and
                    ``(F) screening of shipments of sensitive 
                radioactive material to facilities that are 
                particularly at risk for sabotage to ensure that the 
                shipments do not contain explosives.
    ``(c) Report.--Not later than 90 days after the date of enactment 
of this section, and not less frequently than once every 3 years 
thereafter, the task force shall submit to the President and Congress a 
report in unclassified form (with a classified annex, if necessary) 
describing the administrative and legislative actions recommended under 
subsection (b)(1).
    ``(d) Administrative Action.--Not later than 60 days after the date 
of submission of the report under subsection (b), the Commission shall, 
based on and consistent with the recommendations of the task force, 
take such actions as are appropriate to--
            ``(1) revise the system for licensing sensitive radioactive 
        materials based on and consistent with the recommendations of 
        the task force; and
            ``(2) ensure that States that have entered into an 
        agreement under section 274b. establish compatible programs in 
        a timely manner.''.

SEC. 3007. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

    Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) 
is amended in the first sentence by inserting ``or subject to the 
licensing authority of the Commission or to certification by the 
Commission under this Act or any other Act'' before the period at the 
end.

SEC. 3008. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

    Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) 
is amended--
            (1) in the first sentence, by striking ``or who 
        intentionally and willfully attempts'' and inserting ``or who 
        attempts or conspires'';
            (2) in paragraph (2), by striking ``storage facility'' and 
        inserting ``storage, treatment, or disposal facility'';
            (3) in paragraph (3)--
                    (A) by striking ``such a utilization facility'' and 
                inserting ``a utilization facility licensed under this 
                Act''; and
                    (B) by striking ``or'' at the end;
            (4) in paragraph (4)--
                    (A) by striking ``facility licensed'' and inserting 
                ``or nuclear fuel fabrication facility licensed or 
                certified''; and
                    (B) by striking the period at the end and inserting 
                ``; or''; and
            (5) by inserting after paragraph (4) the following:
            ``(5) any production, utilization, waste storage, waste 
        treatment, waste disposal, uranium enrichment, or nuclear fuel 
        fabrication facility subject to licensing or certification 
        under this Act during construction of the facility, if the 
        destruction or damage caused or attempted to be caused could 
        adversely affect public health and safety during the operation 
        of the facility;''.

SEC. 3009. EVALUATION OF ADEQUACY OF ENFORCEMENT PROVISIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Attorney General and the Nuclear Regulatory Commission shall submit to 
Congress a report that assesses the adequacy of the criminal 
enforcement provisions in chapter 18 of the Atomic Energy Act of 1954 
(42 U.S.C. 221 et seq.).

SEC. 3010. PROTECTION OF WHISTLEBLOWERS.

    Section 211(a)(2) of the Energy Reorganization Act (42 U.S.C. 5851) 
is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) a contractor or subcontractor of the 
                Commission.''.

SEC. 3011. TECHNICAL AND CONFORMING AMENDMENT.

    The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. 
prec. 2011) is amended--
             (1) by inserting after the item relating to section 149 
        the following:

        ``Sec. 149A. Access to nuclear facilities.'';
            and
            (2) by adding at the end of the item relating to chapter 14 
        the following:

        ``Sec. 170B. Uranium supply.
        ``Sec. 170C. Protection of sensitive nuclear facilities.
        ``Sec. 170D. Carrying of weapons.
        ``Sec. 170E. Sensitive Radioactive Material Security.''.

SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.

                      TITLE IV--RAIL SECURITY ACT

SEC. 4001. SHORT TITLE.

    This title may be cited as the ``Rail Security Act of 2003''.

SEC. 4002. EMERGENCY AMTRAK ASSISTANCE.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Transportation for the use of Amtrak--
            (1) $515,000,000 for systemwide security upgrades, 
        including the reimbursement of extraordinary security-related 
        costs determined by the Secretary to have been incurred by 
        Amtrak since September 11, 2001, and including the hiring and 
        training additional police officers, canine-assisted security 
        units, and surveillance equipment;
            (2) $777,000,000 to be used to complete New York tunnel 
        life safety projects and rehabilitate tunnels in Washington, 
        D.C., and Baltimore, Maryland; and
            (3) $101,000,000 to be used for increasing the 
        accessibility of Penn Station, New York City.
    (b) Availability of Appropriated Funds.--Amounts appropriated 
pursuant to subsection (a) shall remain available until expended.
    (c) Plan Required.--The Secretary may not make amounts available to 
Amtrak for obligation or expenditure under subsection (a)--
            (1) for implementing systemwide security upgrades until 
        Amtrak has submitted to the Secretary, and the Secretary has 
        approved, a plan for such upgrades;
            (2) for completing the tunnel life safety and 
        rehabilitation projects until Amtrak has submitted to the 
        Secretary, and the Secretary has approved, an engineering and 
        financial plan for such projects;
            (3) for completing the projects described in subsection 
        (a)(3) until Amtrak has submitted to the Secretary and the 
        Secretary has approved, a plan for such projects; and
            (4) Amtrak has submitted to the Secretary such additional 
        information as the Secretary may require in order to ensure 
        full accountability for the obligation or expenditure of 
        amounts made available to Amtrak for the purpose for which the 
        funds are provided.
    (d) 50 Percent To Be Spent Outside the Northeast Corridor.--The 
Secretary shall ensure that up to 50 percent of the amounts 
appropriated pursuant to subsection (a)(1) is obligated or expended for 
projects outside the Northeast Corridor.
    (e) Assessments by DOT Inspector General.--
            (1) Initial assessment.--Within 60 days after the date of 
        enactment of this Act, the Inspector General of the Department 
        of Transportation shall transmit to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Transportation and Infrastructure 
        a report--
                    (A) identifying any overlap between capital 
                projects for which funds are provided under such 
                funding documents, procedures, or arrangements and 
                capital projects included in Amtrak's 20-year capital 
                plan; and
                    (B) indicating any adjustments that need to be made 
                in that plan to exclude projects for which funds are 
                appropriated pursuant to subsection (a).
            (2) Overlap review.--The Inspector General shall, as part 
        of the Department's annual assessment of Amtrak's financial 
        status and capital funding requirements review the obligation 
        and expenditure of funds under each such funding document, 
        procedure, or arrangement to ensure that the expenditure and 
        obligation of those funds are consistent with the purposes for 
        which they are provided under this Act.
    (f) Coordination With Existing Law.--Amounts made available to 
Amtrak under this section shall not be considered to be Federal 
assistance for purposes of part C of subtitle V of title 49, United 
States Code.

SEC. 4003. RAIL SECURITY.

    (a) Secretary of Transportation.--Section 20103(a) of title 49, 
United States Code, is amended by striking ``safety'' and inserting 
``safety, including the security of railroad operations,''.
    (b) Rail Police Officers.--Section 28101 of title 49, United States 
Code, is amended by striking ``the rail carrier'' each place it appears 
and inserting ``any rail carrier''.
    (c) Review of Rail Regulations.--Within 180 days after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Federal Railroad Administration's Rail Safety Advisory 
Committee, shall review existing rail regulations of the Department of 
Transportation for the purpose of identifying areas in which those 
regulations need to be revised to improve rail safety and security.

SEC. 4004. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) In general.--The Secretary of Transportation shall 
        assess the security risks associated with  rail transportation 
and develop prioritized recommendations for--
                    (A) improving the security of rail tunnels, rail 
                bridges, rail switching areas, and other areas 
                identified by the Secretary as posing significant rail-
                related risks to public safety and the movement of 
                interstate commerce, taking into account the impact 
                that any proposed security measure might have on the 
                provision of rail service; and
                    (B) dealing with the immediate and long-term 
                economic impact of measures that may be required to 
                address those risks.
            (2) Existing private and public sector efforts.--The 
        assessment shall include a review of any actions already taken 
        to address identified security issues by both public and 
        private entities.
    (b) Consultation; Use of Existing Resources.--In carrying out the 
assessment required by subsection (a), the Secretary shall--
            (1) consult with rail management, rail labor, and public 
        safety officials (including officials responsible for 
        responding to emergencies); and
            (2) utilize, to the maximum extent feasible, the resources 
        and assistance of--
                    (A) the Federal Railroad Administration's Rail 
                Safety Advisory Committee; and
                    (B) the Transportation Research Board of the 
                National Academy of Sciences.
    (c) Report.--
            (1) Contents.--Within 180 days after the date of enactment 
        of this Act, the Secretary shall transmit to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure a report, without compromising national 
        security, containing--
                    (A) the assessment and prioritized recommendations 
                required by subsection (a); and
                    (B) any proposals the Secretary deems appropriate 
                for providing Federal financial, technological, or 
                research and development assistance to railroads to 
                assist the railroads in reducing the likelihood, 
                severity, and consequences of deliberate acts of crime 
                or terrorism toward rail employees, rail passengers, 
                rail shipments, or rail property.
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines 
        that such action is appropriate or necessary.

    TITLE V--WATER INFRASTRUCTURE SECURITY AND RESEARCH DEVELOPMENT

SEC. 5001. SHORT TITLE.

    This title may be cited as the ``Wastewater Treatment Works 
Security and Safety Act''.

SEC. 5002. PROTECTION FROM TERRORIST AND OTHER HARMFUL INTENTIONAL 
              ACTS.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) is amended by adding at the end the following:

``SEC. 222. PROTECTION FROM TERRORIST AND OTHER HARMFUL INTENTIONAL 
              ACTS.

    ``(a) Definitions.--In this section:
            ``(1) Covered treatment works.--
                    ``(A) In general.--The term `covered treatment 
                works' means a treatment works that--
                            ``(i) serves at least 25,000 individuals; 
                        or
                            ``(ii) as determined by the Administrator 
                        before March 1, 2003, based on the factors 
                        described in subparagraph (B), presents a 
                        sufficient security risk to remain subject to 
                        this section.
                    ``(B) Factors for inclusion of treatment works.--
                The factors referred to in subparagraph (A) are--
                            ``(i) the likelihood that the treatment 
                        works will be the target of a harmful 
                        intentional act;
                            ``(ii) the consequences that would result 
                        if the treatment works were the target of a 
                        harmful intentional act; and
                            ``(iii) such other security factors as the 
                        Administrator determines to be necessary to 
                        protect--
                                    ``(I) public health, safety, and 
                                welfare;
                                    ``(II) critical infrastructure; and
                                    ``(III) national security.
            ``(2) Emergency response plan.--The term `emergency 
        response plan' means a plan that a covered treatment works is 
        required to prepare or revise, and submit to the Administrator, 
        under subsection (c).
            ``(3) Harmful intentional act.--The term `harmful 
        intentional act' means a terrorist attack or other intentional 
        act carried out with respect to a covered treatment works that 
        is intended--
                    ``(A) to substantially disrupt the ability of the 
                covered treatment works to provide safe and reliable--
                            ``(i) conveyance and treatment of 
                        wastewater; and
                            ``(ii) disposal of effluent;
                    ``(B) to damage critical infrastructure;
                    ``(C) to have an adverse effect on the environment; 
                or
                    ``(D) to otherwise pose a significant threat to 
                public health or safety.
            ``(4) Vulnerability assessment.--The term `vulnerability 
        assessment' means an assessment that a covered treatment works 
        is required to conduct and submit to the Administrator under 
        subsection (b)(1).
    ``(b) Vulnerability Assessments.--
            ``(1) Covered treatment works.--
                    ``(A) In general.--Using appropriate tools (such as 
                available vulnerability self-assessment tools), each 
                covered treatment works shall conduct and submit to the 
                Administrator an assessment of the vulnerability of the 
                covered treatment works to a harmful intentional act.
                    ``(B) Deadline for submission.--Each covered 
                treatment works shall submit a vulnerability assessment 
                to the Administrator--
                            ``(i) in the case of a covered treatment 
                        works described in subsection (a)(1)(A)(i), by 
                        not later than July 1, 2003; and
                            ``(ii) in the case of a covered treatment 
                        works described in subsection (a)(1)(A)(ii), by 
                        such date as shall be determined by the 
                        Administrator.
            ``(2) Required elements.--At a minimum, a vulnerability 
        assessment shall consist of a review of--
                    ``(A) the pipes and constructed conveyances, 
                physical barriers, treatment, storage, and disposal 
                facilities, and electronic, computer, and other 
                automated systems, that are used by the covered 
                treatment works;
                    ``(B) the use, storage, or handling of various 
                chemicals at the covered treatment works;
                    ``(C) plans and procedures of the covered treatment 
                works, to ensure, to the maximum extent practicable, 
continued provision of service; and
                    ``(D) critical records and documents of the covered 
                treatment works.
    ``(c) Emergency Response Plan.--
            ``(1) In general.--Not later than 180 days after a covered 
        treatment works completes a vulnerability assessment in 
        accordance with subsection (b), the covered treatment works 
        shall prepare or revise, as necessary, and submit to the 
        Administrator, an emergency response plan that incorporates the 
        results of the vulnerability assessment.
            ``(2) Required elements.--The emergency response plan shall 
        include plans, procedures, identification of equipment, and 
        other activities that can--
                    ``(A) be implemented or used in the event of a 
                harmful intentional act carried out with respect to the 
                covered treatment works; and
                    ``(B) reduce or significantly lessen the impacts of 
                a harmful intentional act carried out with respect to 
                the covered treatment works.
            ``(3) Coordination with local emergency plans.--In 
        preparing or revising emergency response plans under this 
        subsection, a covered treatment works shall, to the maximum 
        extent practicable, coordinate with local emergency plans.
            ``(4) Record maintenance.--Each covered treatment works 
        shall maintain a copy of the emergency response plan prepared 
        or revised under paragraph (1), and any additional revisions to 
        such a plan completed after the date referred to in paragraph 
        (1), for a period of not less than 5 years after the date on 
        which the plan or revisions are submitted to the Administrator.
    ``(d) Requirements Relating to Vulnerability Assessments and 
Emergency Response Plans.--
            ``(1) Provision of vulnerability assessments to state and 
        local governments.--No covered treatment works shall be 
        required under State or local law to provide a vulnerability 
        assessment or emergency response plan to any State, regional, 
        or local governmental entity unless the State or local 
        government has in effect a law that requires submission of such 
        an assessment or plan to the State, regional, or local 
        governmental entity.
            ``(2) Exemption of information from disclosure.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), all information provided to the 
                Administrator under subsections (b) and (c), and all 
                information derived from that information, shall be 
                exempt from disclosure under section 552 of title 5, 
                United States Code.
                    ``(B) No exception.--Subparagraph (A) does not 
                apply to information contained in a vulnerability 
                assessment or emergency response plan that identifies--
                            ``(i) the covered treatment works 
                        submitting the vulnerability assessment or 
                        emergency response plan; or
                            ``(ii) the date of completion of the 
                        vulnerability assessment or emergency response 
                        plan.
            ``(3) Protocols to protect vulnerability assessments and 
        emergency response plans from unauthorized disclosure.--
                    ``(A) In general.--Not later than March 1, 2003, 
                the Administrator, in consultation with appropriate 
                Federal law enforcement and intelligence officials, 
                shall develop such protocols as are necessary to 
                protect vulnerability assessments and emergency 
                response plans from unauthorized disclosure.
                    ``(B) Protocols.--The protocols shall ensure that--
                            ``(i) each copy of a vulnerability 
                        assessment or emergency response plan, and all 
                        information contained in or derived from the 
                        vulnerability assessment or emergency response 
                        plan, is kept in a secure location;
                            ``(ii) only individuals designated by the 
                        Administrator have access to the copies of the 
                        vulnerability assessments and emergency 
                        response plans; and
                            ``(iii) no copy of a vulnerability 
                        assessment, part of a vulnerability assessment 
                        or emergency response plan, or information 
                        contained in or derived from a vulnerability 
                        assessment or emergency response plan, is 
                        available to any individual other than an 
                        individual designated by the Administrator 
                        under clause (ii).
            ``(4) Criminal penalties for unauthorized disclosure.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any individual referred to in 
                paragraph (3)(B)(ii) who acquires a copy of a 
                vulnerability assessment or emergency response plan, a 
                part of a vulnerability assessment or emergency 
                response plan, or any information contained in or 
                derived from a vulnerability assessment or emergency 
                response plan, and who knowingly or recklessly reveals 
                the copy, part, or information (other than in 
                accordance with subparagraph (B)) shall--
                            ``(i) be imprisoned not more than 1 year, 
                        fined in accordance with chapter 227 of title 
                        18, United States Code (applicable to class A 
                        misdemeanors), or both; and
                            ``(ii) if employed by the Federal 
                        Government, be removed from Federal employment 
                        for the lifetime of the individual.
                    ``(B) Exceptions.--Any individual referred to in 
                paragraph (3)(B)(ii)--
                            ``(i) may disclose a copy, a part, or 
                        information referred to in subparagraph (A)--
                                    ``(I) to any individual designated 
                                by the Administrator under paragraph 
                                (3)(B)(ii); or
                                    ``(II) for use under seal in any 
                                administrative or judicial proceeding 
                                relating to imposition of a penalty for 
                                failure to comply with this section; or
                            ``(ii) if the individual is an officer or 
                        employee of the United States, may discuss the 
                        contents of a vulnerability assessment or 
                        emergency response plan with a State or local 
                        official who the Administrator determines needs 
                        to know those contents.
            ``(5) Provision of information to congress.--Nothing in 
        this subsection authorizes any person to withhold any 
        information from Congress or from any committee or subcommittee 
        of Congress.
    ``(e) Grants for Compliance and Basic Security Enhancements.--
            ``(1) In general.--The Administrator, in coordination with 
        State and local governments, may make grants to covered 
        treatment works--
                    ``(A) to assist in compliance with subsections (b) 
                and (c); and
                    ``(B) to pay the costs of implementing basic 
                security enhancements of critical importance, and 
                otherwise addressing significant threats of harmful 
                intentional acts, identified under a vulnerability 
                assessment.
            ``(2) Types of basic security enhancements.--The basic 
        security enhancements referred to in paragraph (1)(B) are--
                    ``(A) purchase and installation of equipment for 
                detection of intruders;
                    ``(B) purchase and installation of fencing, gating, 
                lighting, or security cameras;
                    ``(C) tamperproofing of manhole covers, fire 
                hydrants, and valve boxes;
                    ``(D) rekeying of doors and locks;
                    ``(E) improvements to electronic, computer, and 
                other automated systems and remote security systems;
                    ``(F) participation in training programs, and 
                purchase of training manuals and guidance materials, 
                relating to security against harmful intentional acts;
                    ``(G) improvements in the use, storage, or handling 
                of chemicals;
                    ``(H) security screening of employees of the 
                covered treatment works or employees of contractor 
                support services; and
                    ``(I) such other equipment and activities as the 
                Administrator determines to be appropriate.
            ``(3) Prohibited expenditures.--The basic security 
        enhancements referred to in paragraph (1)(B) do not include 
        expenditures for--
                    ``(A) personnel costs; or
                    ``(B) monitoring, operation, or maintenance of 
                facilities, equipment, or systems.
    ``(f) Grants To Address Immediate and Urgent Security Needs.--The 
Administrator may make grants to covered treatment works to assist in 
responding to and alleviating any vulnerability to a harmful 
intentional act that the Administrator determines presents an immediate 
and urgent security need.
    ``(g) Assistance to Small Covered Treatment Works.--
            ``(1) Guidance.--The Administrator shall provide guidance 
        to covered treatment works serving a population of fewer than 
        10,000 individuals on how--
                    ``(A) to conduct vulnerability assessments;
                    ``(B) to prepare emergency response plans; and
                    ``(C) to address threats posed by harmful 
                intentional acts.
            ``(2) Grants.--The Administrator may make grants to covered 
        treatment works described in paragraph (1) to carry out 
        activities in accordance with the guidance provided under 
        paragraph (1).
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $185,000,000 for the period of 
fiscal years 2003 through 2007, of which not more than--
            ``(1) $125,000,000 for fiscal year 2003, and such sums as 
        are necessary for each of fiscal years 2004 through 2007, may 
        be used to carry out subsection (e);
            ``(2) $20,000,000 for the period of fiscal years 2003 and 
        2004 may be used to carry out subsection (f); and
            ``(3) $15,000,000 for fiscal year 2003 and such sums as are 
        necessary for each of fiscal years 2004 through 2007, may be 
        used to carry out subsection (g)(2).''.

SEC. 5003. RESEARCH AND REVIEW.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 5002) is amended by adding at the end 
the following:

``SEC. 223. RESEARCH AND REVIEW.

    ``(a) Definitions.--In this section, the terms `covered treatment 
works' and `harmful intentional act' have the meanings given the terms 
in section 222(a).
    ``(b) Review by Administrator.--Not later than 2 years after the 
date of enactment of this section, the Administrator, in coordination 
with appropriate Federal agencies, shall research and review (or enter 
into a contract or cooperative agreement to provide for research and 
review of)--
            ``(1) means by which terrorists or other individuals or 
        groups could carry out harmful intentional acts; and
            ``(2) means by which alternative processes of conveying, 
        treating, and disposing of wastewater could be provided in the 
        event of the destruction, impairment, or disruption of covered 
        treatment works as the result of harmful intentional acts.
    ``(c) Means of Carrying Out Harmful Intentional Acts.--Means 
referred to in subsection (b)(1) include--
            ``(1) means by which pipes and other constructed 
        conveyances used in covered treatment works could be destroyed 
        or otherwise prevented from providing adequate conveyance, 
        pretreatment, treatment, and disposal of wastewater meeting 
        applicable public health standards;
            ``(2) means by which conveyance, pretreatment, treatment, 
        storage, and disposal facilities used by, or in connection 
        with, covered treatment works could be destroyed or otherwise 
        prevented from providing adequate treatment of wastewater 
        meeting applicable public health standards;
            ``(3) means by which pipes, constructed conveyances, 
        pretreatment, treatment, storage, and disposal systems that are 
        used in connection with treatment works could be altered or 
        affected so as to pose a threat to public health, public 
        safety, or the environment;
            ``(4) means by which pipes, constructed conveyances, 
        pretreatment, treatment, storage, and disposal systems that are 
        used in connection with covered treatment works could be 
        reasonably protected from harmful intentional acts;
            ``(5) means by which pipes, constructed conveyances, 
        pretreatment, treatment, storage, and disposal systems could be 
        reasonably secured from use as a means of transportation by 
        terrorists or other individuals or groups who intend to 
        threaten public health or safety; and
            ``(6) means by which information systems, including process 
        controls and supervisory control, data acquisition, and cyber 
        systems, at covered treatment works could be disrupted by 
terrorists or other individuals or groups.
    ``(d) Considerations.--In carrying out the review under this 
section, the Administrator--
            ``(1) shall ensure that the review reflects the needs of 
        covered treatment works of various sizes and various geographic 
        areas of the United States; and
            ``(2) may consider the vulnerability of, or potential for 
        forced interruption of service for, a region or service area, 
        including the National Capital Area.
    ``(e) Information Sharing.--As soon as practicable after the review 
carried out under this section has been evaluated by the Administrator, 
the Administrator shall disseminate to covered treatment works 
information on the results of the review through the Information 
Sharing and Analysis Center or other appropriate means.
    ``(f) Funding.--There is authorized to be appropriated to carry out 
this section $15,000,000 for the period of fiscal years 2003 through 
2007.''.

SEC. 5004. REFINEMENT OF VULNERABILITY ASSESSMENT TOOLS FOR PUBLICLY 
              OWNED TREATMENT WORKS.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 5003) is amended by adding at the end 
the following:

``SEC. 224. REFINEMENT OF VULNERABILITY ASSESSMENT TOOLS FOR PUBLICLY 
              OWNED TREATMENT WORKS.

    ``(a) Grants.--The Administrator may make grants to 1 or more 
nonprofit organizations for the improvement of vulnerability self-
assessment tools for publicly owned treatment works.
    ``(b) Eligible Activities.--
            ``(1) In general.--Grants provided under this section may 
        be used for--
                    ``(A) developing and distributing vulnerability 
                self-assessment software upgrades;
                    ``(B) improving and enhancing critical technical 
                and user support functions;
                    ``(C) expanding libraries of information addressing 
                both threats and countermeasures; and
                    ``(D) implementing user training initiatives.
            ``(2) Services.--Services described in paragraph (1) shall 
        be provided at no cost to recipients.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000 for each of fiscal 
years 2003 through 2007, to remain available until expended.''.

                  TITLE VI--ENHANCING BORDER SECURITY

           Subtitle A--Immigration and Naturalization Service

SEC. 6101. ADDITIONAL PERSONNEL AT THE IMMIGRATION AND NATURALIZATION 
              SERVICE.

    (a) INS Inspectors.--Subject to the availability of appropriations, 
during each of the fiscal years 2003 through 2006, the Attorney General 
shall increase the number of inspectors and associated support staff in 
the Immigration and Naturalization Service by the equivalent of not 
less than 250 full-time employees over the number of inspectors and 
associated support staff in the Immigration and Naturalization Service 
authorized by the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 
PATRIOT ACT) Act of 2001 (Public Law 107-56) and the Enhanced Border 
Security and Visa Entry Reform Act of 2002 (Public Law 107-173).
    (b) INS Investigative Personnel.--Subject to the availability of 
appropriations, during each of the fiscal years 2003 through 2006, the 
Attorney General shall increase the number of investigative and 
associated support staff of the Immigration and Naturalization Service 
by the equivalent of not less than 250 full-time employees over the 
number of investigators and associated support staff in the Immigration 
and Naturalization Service authorized by the Uniting and Strengthening 
America by Providing Appropriate Tools Required to Intercept and 
Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56) 
and the Enhanced Border Security and Visa Entry Reform Act of 2002 
(Public Law 107-173).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section, 
including such sums as may be necessary to provide facilities, attorney 
personnel, support staff, and other resources needed to support the 
increased number of inspectors, investigative staff, and associated 
support staff.

SEC. 6102. TECHNOLOGICAL IMPROVEMENTS BY THE INS TO IMPROVE BORDER 
              SECURITY.

    (a) In General.--The Immigration and Naturalization Service shall 
improve border security by--
            (1) making improvements in technology (including 
        infrastructure support, computer security, and information 
        technology development) relating to border security;
            (2) expanding, utilizing, and improving technology relating 
        to border security; and
            (3) facilitating the flow of commerce and persons at ports 
        of entry, including improving and expanding programs for 
        preenrollment and preclearance.
    (b) Waiver of Fees.--
            (1) In general.--Federal agencies involved in border 
        security may waive all or part of enrollment fees for 
        technology-based programs to encourage participation by United 
        States citizens and aliens in such programs.
            (2) Modification of other fees.--Any agency that waives any 
        fee under paragraph (1) may modify its fees for other services 
        to enable the agency to recover the amounts waived from other 
        entities.
    (c) Authorization of Appropriations.--In addition to funds 
otherwise available for such purposes, there are authorized to be 
appropriated $250,000,000 for each of the fiscal years 2003 through 
2006 to the Immigration and Naturalization Service to carry out the 
provisions under subsection (a).

               Subtitle B--United States Customs Service

SEC. 6201. ADDITIONAL PERSONNEL AT THE UNITED STATES CUSTOMS SERVICE.

    (a) In General.--Subject to the availability of appropriations, 
during each of the fiscal years 2003 through 2006, the Secretary of 
Homeland Security shall increase the number of personnel in the United 
States Customs Service by the equivalent of not less than 250 full-time 
employees over the number of personnel in the United States Customs 
Service as of January 24, 2003.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section, 
including such sums as may be necessary to provide facilities, attorney 
personnel, support staff, and other resources needed to support the 
increased number of personnel in the United States Customs Service.

SEC. 6202. TECHNOLOGICAL IMPROVEMENTS BY THE CUSTOMS SERVICE TO IMPROVE 
              BORDER SECURITY.

    (a) In General.--The United States Customs Service shall improve 
border security by--
            (1) making improvements in technology (including 
        infrastructure support, computer security, and information 
        technology development) relating to border security;
            (2) expanding, utilizing, and improving technology relating 
        to border security; and
            (3) facilitating the flow of commerce and persons at ports 
        of entry, including improving and expanding programs for 
        preenrollment and preclearance.
    (b) Authorization of Appropriations.--In addition to funds 
otherwise available for such purposes, there are authorized to be 
appropriated $250,000,000 for each of the fiscal years 2003 through 
2006 to the Department of Homeland Security to carry out the provisions 
under subsection (a).

                 Subtitle C--Bureau of Border Security

SEC. 6301. ADDITIONAL PERSONNEL AT THE BUREAU OF BORDER SECURITY.

    (a) In General.--Subject to the availability of appropriations, 
during each of the fiscal years 2003 through 2006, the Secretary of 
Homeland Security shall increase the number of personnel in the Bureau 
of Border Security by the equivalent of not less than 250 full-time 
employees over the number of personnel in the Bureau of Border Security 
as of January 24, 2003.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section, 
including such sums as may be necessary to provide facilities, attorney 
personnel, support staff, and other resources needed to support the 
increased number of personnel in the Bureau of Border Security.

SEC. 6302. TECHNOLOGICAL IMPROVEMENTS BY THE BUREAU OF BORDER SECURITY 
              TO IMPROVE BORDER SECURITY.

    (a) In General.--The Bureau of Border Security, of the Department 
of Homeland Security, shall improve border security by--
            (1) making improvements in technology (including 
        infrastructure support, computer security, and information 
        technology development) relating to border security;
            (2) expanding, utilizing, and improving technology relating 
        to border security; and
            (3) facilitating the flow of commerce and persons at ports 
        of entry, including improving and expanding programs for 
        preenrollment and preclearance.
    (b) Authorization of Appropriations.--In addition to funds 
otherwise available for such purposes, there are authorized to be 
appropriated $250,000,000 for each of the fiscal years 2003 through 
2006 to the Department of Homeland Security to carry out the functions 
under subsection (a).

    TITLE VII--PUBLIC HEALTH SECURITY AND BIOTERRORISM PREPAREDNESS

SEC. 7001. SENSE OF CONGRESS ON SMALLPOX VACCINATION.

    The sense of Congress is as follows:
            (1) The President has determined that to protect Americans 
        against the threat of a smallpox attack, there is a need for a 
        program for smallpox vaccination announced December 13, 2002. 
        The plan is to vaccinate military personnel, civilians, and 
        smallpox response teams. Smallpox response teams will include 
        health care workers and first responders.
            (2) Military vaccination has already begun. Civilian 
        vaccination is scheduled to begin January 24, 2003.
            (3) As part of the program for smallpox vaccination, the 
        President should--
                    (A) guarantee medical care, compensation for 
                injuries, and other protections for individuals who are 
                vaccinated; and
                    (B) provide adequate resources for States and 
                hospitals to administer the program fairly, safely, and 
                without adverse consequences to other critical public 
                health needs.
            (4) The facts about smallpox vaccine are as follows:
                    (A) Smallpox was eradicated in 1980. The United 
                States stopped routine vaccinations in 1972.
                    (B) The President has determined that the threat of 
                an attack using smallpox warrants a National Smallpox 
                Vaccination Program.
                    (C) Smallpox vaccine contains a live virus called 
                vaccinia, which is similar to the smallpox virus and 
                can spread to another part of the body or to other 
                people from the vaccine site.
                    (D) Past experience indicates that for every 
                1,000,000 vaccinated, between 15 and 52 people will 
                suffer life-threatening consequences, and 1 or 2 will 
                die.
                    (E) Pregnant women, babies, and people with eczema 
                or weakened immune systems should not receive the 
                vaccine, making proper medical screening of candidates 
                for the vaccine critical.
                    (F) In a recent trial of 200 healthy, young adults 
                who received the vaccine, one-third of participants 
                missed at least 1 day of work or school, 75 had high 
                fevers, and several took antibiotics.
                    (G) Administration of the smallpox vaccine is 
                different from administration of other vaccines and 
                many health professionals have never administered the 
                vaccine.
            (5) To administer the President's smallpox vaccination 
        program, there is an urgent need--
                    (A) for emergency appropriations to States for 
                purposes including administering the vaccine, education 
                about the vaccine, medical screening of candidates for 
                the vaccine, medical surveillance of vaccine 
                recipients, medical treatment of those injured directly 
                or indirectly by the vaccine, efforts to mitigate the 
                impact of lost productivity due to individuals' adverse 
                reactions to the vaccine, and planning, coordination, 
                and evaluation of smallpox vaccine activities;
                    (B) to ensure that those who are injured from the 
                vaccine (whether directly or indirectly) have access to 
                and compensation for the health care they need;
                    (C) to set up effective safeguards for 
                administering the vaccine, including education for 
                those administering the vaccine, education for 
                prospective recipients of the vaccine, proper medical 
                screening and confidentiality protections for medical 
                information, education for vaccine recipients on how to 
                prevent accidental transmission, post-vaccination 
                medical surveillance and treatment, the supply of safe 
                needles for vaccine administration, the provision of 
                adequate vaccinia immune globulin (VIG) to treat 
                adverse reactions, and mandatory centralized reporting 
                of adverse consequences;
                    (D) to protect civilian workers from disclosure of 
                medical information, from discrimination in the 
                workplace if they refuse to be vaccinated, and from 
                lost wages and benefits, adverse employment 
                consequences, or other losses if they miss work as a 
                result of the vaccine; and
                    (E) to ensure that adequate protocols for 
                protecting vulnerable patients from exposure to 
                accidental transmission from a health care worker who 
                has been vaccinated are followed.
            (6) The Homeland Security Act of 2002 shielded from 
        liability those who manufacture or administer smallpox vaccine 
        under that Act. Individuals who are harmed by the vaccine or 
        their survivors must sue the Federal Government for 
        compensation for their injuries under the Federal Tort Claims 
        Act. Under that Act, individuals who are injured are required 
        to prove negligence in order to be compensated. Since smallpox 
        vaccination may cause injuries even without negligence, many of 
        those harmed by the vaccine may be unable to collect any 
        compensation under this stringent standard and thus will never 
        receive compensation for their injuries. To provide a fairer 
        and more complete system for those who are vaccinated, 
        including workers who voluntarily put themselves at risk to 
        protect America, Congress should establish, in addition to the 
        tort claims system, a system to compensate those injured by the 
        vaccine, including those who are injured by contact with 
        someone who has received the vaccine. The compensation system 
        should be adequately funded. It should include both a no-fault 
        component for those individuals who experience foreseeable 
        adverse reactions already known to be associated with the 
        vaccine, and a mechanism for proving causation for those 
        individuals who suffer unforeseen consequences from the 
        vaccine.
            (7) The Homeland Security Act of 2002 failed to protect 
        from liability a vaccinated person who transmits vaccinia 
        accidentally. This section should be amended to protect these 
        people from liability. The section also failed to protect 
        hospitals that did not administer the vaccine, but employ 
        vaccinated health workers. The section should be amended to 
        clarify which hospitals are covered.
            (8) Implementation of the President's smallpox vaccination 
        program depends upon significant State and local government 
        participation. The President should provide resources to those 
        entities to accomplish his smallpox vaccination goals. To 
        assist State and local governments with this burden, Congress 
        should establish emergency grants for carrying out smallpox 
        vaccinations pursuant to the President's plan.

SEC. 7002. AID TO STATES FOR SMALLPOX VACCINATION PROGRAMS.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by inserting after section 319C-2 the following:

``SEC. 319C-3. AID TO STATES FOR SMALLPOX VACCINATION PROGRAMS.

    ``(a) In General.--The Secretary shall award grants to eligible 
entities to enable such entities to carry out activities under the 
National Smallpox Vaccination Program.
    ``(b) Eligible Entities.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            ``(1) be a State or political subdivision of a State (as 
        provided for in subsection (e)); and
            ``(2) prepare and submit to the Secretary an application at 
        such time, and in such manner, and containing such information 
        as the Secretary may require.
    ``(c) Use of Funds.--An entity shall use amounts received under a 
grant under subsection (a) to carry out activities under the National 
Smallpox Vaccination Program, including--
            ``(1) administering vaccines to individuals;
            ``(2) providing educational services and materials 
        concerning vaccinations;
            ``(3) providing for the medical screening of proposed 
        candidates for a vaccine;
            ``(4) providing for the medical surveillance of vaccine 
        recipients;
            ``(5) providing medical treatment to address the immediate 
        medical needs of individuals who suffer illness or injury, 
        directly or indirectly, as a result of the vaccine;
            ``(6) providing assistance for individuals who lose wages 
        and benefits as a result of the smallpox vaccine and to 
        entities that suffer lost productivity as a result of employees 
        injured by such vaccine;
            ``(7) planning, coordination, and evaluation of smallpox 
        vaccine activities; and
            ``(8) other activities determined appropriate by the 
        Secretary.
    ``(d) Amount of Grant.--
            ``(1) In general.--For each fiscal year for which amounts 
        are appropriated under subsection (f), the Secretary shall, in 
        an amount determined in accordance with paragraphs (2) through 
        (4), make an award under subsection (a) to each eligible 
        entity.
            ``(2) Base amount.--In determining the amount of an award 
        pursuant to paragraph (1), the Secretary shall first determine 
        an amount the Secretary considers appropriate for the entity 
        (referred to in this paragraph as the `base amount'), except 
        that such amount may not be greater than the minimum amount 
        determined under paragraph (4).
            ``(3) Increase on basis of population.--After determining 
        the base amount for an entity under paragraph (2), the 
        Secretary shall increase the base amount by an amount equal to 
        the product of--
                    ``(A) the amount appropriated under subsection (f) 
                for the fiscal year, less an amount equal to the sum of 
                all base amounts determined for the entities under 
                paragraph (2), and less the amount, if any, reserved by 
                the Secretary under subsection (e); and
                    ``(B) subject to subsection (e)(3), the percentage 
                constituted by the ratio of an amount equal to the 
                population of the entity over an amount equal to the 
                total population of the entities (as indicated by the 
                most recent data collected by the Bureau of the 
                Census).
            ``(4) Minimum amount.--Subject to the amount appropriated 
        under subsection (f), an award pursuant to paragraph (1) for an 
        entity shall be the greater of the base amount as increased 
        under paragraph (3), or the minimum amount under this 
        paragraph. The minimum amount under this paragraph is--
                    ``(A) in the case of each of the several States, 
                the District of Columbia, and the Commonwealth of 
                Puerto Rico, an amount equal to the lesser of--
                            ``(i) $5,000,000; or
                            ``(ii) if the amount appropriated under 
                        subsection (f) is less than $667,000,000, an 
                        amount equal to 0.75 percent of the amount 
                        appropriated under such subsection, less the 
                        amount, if any, reserved by the Secretary under 
                        subsection (e); or
                    ``(B) in the case of each of American Samoa, Guam, 
                the Commonwealth of the Northern Mariana Islands, and 
                the Virgin Islands, an amount determined by the 
                Secretary to be appropriate, except that such amount 
                may not exceed the amount determined under subparagraph 
                (A).
    ``(e) Political Subdivisions.--
            ``(1) In general.--The Secretary may, before making awards 
        pursuant to subsection (d), reserve from the amount 
        appropriated under subsection (f) for a fiscal year an amount 
        determined necessary by the Secretary to make awards under 
        subsection (a) to political subdivisions that have a 
        substantial number of residents, have a substantial local 
        infrastructure for responding to public health emergencies, and 
        face a high degree of risk from bioterrorist attacks or other 
        public health emergencies. Not more than three political 
        subdivisions may receive awards pursuant to this paragraph.
            ``(2) Relationship to formula grants.--In the case of a 
        State that will receive an award pursuant to subsection (d), 
        and in which there is located a political subdivision that will 
        receive an award pursuant to paragraph (1), the Secretary 
        shall, in determining the amount under subsection (d)(3) for 
        the State, subtract from the population of the State an amount 
        equal to the population of such political subdivision.
            ``(3) Continuity of funding.--In determining whether to 
        make an award pursuant to paragraph (1) to a political 
        subdivision, the Secretary may consider, as a factor indicating 
        that the award should be made, that the political subdivision 
        received public health funding from the Secretary for fiscal 
        year 2002.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to provide grants under subsection (a), $1,000,000,000 for 
fiscal year 2004, and such sums as may be necessary for each of fiscal 
years 2005 and 2006.
    ``(g) Definition.--In this section, the term `National Smallpox 
Vaccination Program' means the program to vaccinate health care 
workers, first responders, military personnel, and the public as 
announced by the President on December 13, 2002, including any future 
modifications to such program.''.

SEC. 7003. SMALLPOX VACCINE INJURY COMPENSATION PROGRAM.

    ``To provide compensation to individuals who suffer illness or 
injury, directly or indirectly, as a result of the administration of a 
vaccine under the National Smallpox Vaccination Program (as defined in 
section 7002(g)), there are authorized to be appropriated $750,000,000 
for fiscal year 2004, and such sums as may be necessary for each of 
fiscal years 2005 and 2006.

SEC. 7004. INCREASE IN AUTHORIZATIONS FOR BIOTERRORISM SECURITY AND 
              PREPAREDNESS.

    (a) Planning and Coordination.--Section 2811(h) of the Public 
Health Service Act (42 U.S.C. 300hh-11(h)) is amended by striking 
``through 2006'' and inserting ``and 2003, $150,000,000 for fiscal year 
2004, and such sums as may be necessary for each of fiscal years 2005 
and 2006''.
    (b) CDC Laboratories and Personnel.--Section 319D(c)(1)(B) of the 
Public Health Service Act (42 U.S.C. 247d-4(c)(1)(B)) is amended by 
striking ``through 2006'' and inserting ``and 2003, $379,000,000 for 
fiscal year 2004, and such sums as may be necessary for each of fiscal 
years 2005 and 2006''.
    (c) Curriculum Development for Health Care Personnel.--Section 
319F(g)(3) of the Public Health Service Act (42 U.S.C. 247d-6(g)(3)) is 
amended--
            (1) by striking ``In carrying'' and inserting the 
        following:
                    ``(A) In general.--In carrying''; and
            (2) by adding at the end the following:
                    ``(B) Authorization of appropriations.--There are 
                authorized to be appropriated for grants, contracts, 
                and cooperative agreements under this paragraph, 
                $100,000,000 for fiscal year 2004, and such sums as may 
                be necessary for each of fiscal years 2005 and 2006.''.
    (d) Strategic National Stockpile.--Section 121(e) of the Public 
Health Security and Bioterrorism Preparedness and Response Act of 2002 
(42 U.S.C. 300hh-12(e)) is amended--
            (1) in paragraph (1), by striking ``and such sums'' and all 
        that follows and inserting ``, such sums as may be necessary 
        for fiscal year 2003, $350,000,000 for fiscal year 2004, and 
        such sums as may be necessary for each of fiscal years 2005 and 
        2006.''; and
            (2) by adding at the end the following:
            ``(3) Anthrax vaccine evaluation and procurement.--For the 
        purpose of enabling the Secretary to conduct an evaluation on 
        the need to procure an anthrax vaccination and for such 
        procurement, there are authorized to be appropriated 
        $350,000,000 for fiscal year 2004, and such sums as may be 
        necessary for each of fiscal years 2005 and 2006.''.
    (e) Countermeasure Research and Development.--Section 319F of the 
Public Health Service Act (42 U.S.C. 247d-6) is amended by adding at 
the end the following:
    ``(k) Authorization of Appropriations for NIH Research.--There are 
authorized to be appropriated--
            ``(1) for research conducted by the National Institutes of 
        Health under this section, $1,500,000,000 for fiscal year 2004, 
        and such sums as may be necessary for each of fiscal years 2005 
        and 2006; and
            ``(2) for buildings and facilities improvement activities, 
        $521,000,000 for fiscal year 2004, and such sums as may be 
        necessary for each of fiscal years 2005 and 2006.
The Secretary shall consult with the Secretary of Homeland Security in 
prioritizing the research to be conducted with amounts appropriated 
under this subsection.''.
    (f) Grants to Improve State, Local, and Hospital Preparedness and 
Response.--Section 319C-1(j) of the Public Health Service Act (42 
U.S.C. 247d-3a(j)) is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (B) by inserting after subparagraph (A), the 
                following:
                    ``(B) Fiscal year 2004.--
                            ``(i) Authorizations.--For the purpose of 
                        carrying out this section, there is authorized 
                        to be appropriated $1,500,000,000 for fiscal 
                        year 2004, of which $1,500,000,000 is 
                        authorized to be appropriated for awards 
                        pursuant to paragraph (3) (subject to the 
                        authority of the Secretary to make awards 
                        pursuant to paragraphs (4) and (5)).
                            ``(ii) Contingent additional 
                        authorization.--If a significant change in 
                        circumstances warrants an increase in the 
                        amount authorized to be appropriated under 
                        clause (i) for fiscal year 2004, there are 
                        authorized to be appropriated such sums as may 
                        be necessary for such year for carrying out 
                        this section, in addition to the amount 
                        authorized in clause (i).''; and
                    (C) in subparagraph (C), as so redesignated, by 
                striking ``2004 through'' and inserting ``2005 and'';
            (2) in paragraph (3)--
                    (A) in the paragraph heading, by striking ``for 
                fiscal year 2003''; and
                    (B) in subparagraph (A), by striking ``fiscal year 
                2003'' and inserting ``each of fiscal years 2003 and 
                2004'';
            (3) in paragraph (4)(A), by striking ``fiscal year 2003'' 
        and inserting ``each of fiscal years 2003 and 2004'';
            (4) in paragraph (5)(A), by striking ``fiscal year 2003'' 
        and inserting ``each of fiscal years 2003 and 2004''; and
            (5) in paragraph (6), by striking ``fiscal year 2003'' and 
        inserting ``each of fiscal years 2003 and 2004''.
    (g) Partnerships for Community and Hospital Preparedness.--Section 
319C-2(i) of the Public Health Service Act (42 U.S.C. 247d-3b(i)) is 
amended by striking ``such sums'' and all that follows and inserting 
``$2,000,000,000 for fiscal year 2004, and such sums as may be 
necessary for each of fiscal years 2005 and 2006.''.
    (h) Protection Against Adulteration of Food.--Section 302(f) of the 
Public Health Security and Bioterrorism Preparedness and Response Act 
of 2002 (21 U.S.C. 321 note) is amended by striking ``and such sums'' 
and all that follows and inserting ``such sums as may be necessary for 
fiscal year 2003, $200,000,000 for fiscal year 2004, and such sums as 
may be necessary for each of fiscal years 2005 and 2006''.
    (i) Other Food and Drug Administration Related Provisions.--
Subtitle B of title V of the Public Health Security and Bioterrorism 
Preparedness and Response Act of 2002 (Public Law 107-188) is amended 
by adding at the end the following:

``SEC. 524. BIOTERRORISM VACCINE REVIEW.

    ``To enable the Secretary of Health and Human Services, acting 
through the Commissioner of Food and Drugs, to conduct reviews of the 
safety and efficacy of existing or proposed bioterrorism vaccines, 
there are authorized to be appropriated $100,000,000 for fiscal year 
2004, and such sums as may be necessary for each of fiscal years 2005 
and 2006.

``SEC. 525. ENHANCED SECURITY.

    ``To provide for additional security for facilities and operations 
of the Food and Drug Administration, there are authorized to be 
appropriated $7,000,000 for fiscal year 2004, and such sums as may be 
necessary for each of fiscal years 2005 and 2006.''.

                    TITLE VIII--INFORMATION SECURITY

 Subtitle A--Information Technology Fund to Enhance Homeland Defense, 
        Information Security, and Defenses Against Other Threats

SEC. 8101. ESTABLISHMENT OF FUND.

    (a) In General.--There is established in the Treasury of the United 
States an Information Technology Fund (referred to in this subtitle as 
the ``Fund'').
    (b) Purpose.--The Fund is established to provide expenditures for 
information technology and related services for Federal agencies.
    (c) Project Examples.--Projects approved under section 8103 may 
include efforts--
            (1) to improve the information security systems of the 
        Federal Government;
            (2) to protect critical infrastructure;
            (3) to provide stronger defenses against natural and man-
        made threats to the Nation; and
            (4) to enable Federal agencies to take advantage of 
        information technology in sharing information and conducting 
        transactions with each other and with State and local 
        governments in furtherance of the goals described in paragraphs 
        (1) through (3).

SEC. 8102. SELECTION PROCEDURES.

    (a) In General.--The Director of the Office of Management and 
Budget (referred to in this subtitle as ``the Director'') shall 
establish procedures for accepting and reviewing proposals for funding 
under this subtitle.
    (b) Consultation.--In establishing procedures and reviewing 
proposals under this subtitle, the Director shall consult with 
interagency councils, including--
            (1) the Chief Information Officers Council;
            (2) the Chief Financial Officers Council; and
            (3) procurement councils.
    (c) Proposal Requirements.--When reviewing proposals and managing 
the Fund, the Director shall observe and incorporate the following 
procedures:
            (1) A project requiring substantial involvement or funding 
        from a department must be approved by a senior official with 
        agency-wide authority on behalf of the Secretary or agency 
        head, who shall report directly to the Secretary or agency 
        head.
            (2) Agencies must demonstrate measurable mission benefits 
        commensurate with the proposed costs.
            (3) Funded projects must adhere to fundamental capital 
        planning and processes.
            (4) Agencies must assess the results of funded projects.
            (5) Proposals shall identify resource commitments from 
        other agencies and shall include plans for continuing the 
        project after all funds made available from the Fund have been 
        exhausted.
            (6) After considering the recommendations of the 
        interagency councils, the Director shall have sole discretion 
        to determine which of the projects shall receive financial 
        assistance from the Fund.
    (d) Selection Criteria.--In evaluating each proposal requesting 
funding, the Director shall consider the extent to which--
            (1) the proposal ensures proper security and protects 
        privacy; and
            (2) the proposal has performance objectives that tie to 
        agency missions and strategic goals.
    (e) Additional Criteria.--The Director shall select projects for 
funding that satisfy 1 or more of the following criteria:
            (1) The proposal improves the Federal Government's 
        information security systems.
            (2) The proposal will improve the protection of the 
        Nation's critical infrastructure.
            (3) The proposal will aid in the defense of the Nation 
        against natural and man-made threats.
            (4) The proposal will enable Federal agencies to take 
        advantage of information technology in sharing information and 
        conducting transactions with each other and with State and 
        local governments in furtherance of the goals under paragraphs 
        (1) through (3).

SEC. 8103. ADMINISTRATION OF FUND.

    (a) In General.--The Administrator of the General Services 
Administration shall administer the Fund to support agency spending 
projects approved by the Director that will improve the Nation's 
defenses through enhanced information technology.
    (b) Limitation on Transfers From Fund.--An agency may not receive a 
transfer from the Fund until not less than 15 days after the Director 
has submitted the notification under subsection (c) to--
            (1) the Committees on Appropriations of the Senate and the 
        House of Representatives;
            (2) the Committee on Governmental Affairs of the Senate;
            (3) the Committee on Government Reform of the House of 
        Representatives; and
            (4) the appropriate authorizing committees of the Senate 
        and the House of Representatives.
    (c) Contents of Notification.--The notification under subsection 
(b) shall describe--
            (1) how the funds to be expended by the recipient agency 
        are to be allocated; and
            (2) how the expenditures will further the purposes of this 
        section.
    (d) Use of Funds.--The Administrator of the General Services 
Administration may use amounts from the Fund to pay--
            (1) the salaries of up to 10 Federal employees to 
        administer the Fund; and
            (2) other expenses necessary to administer the Fund.

SEC. 8104. REPORT TO CONGRESS.

    (a) In General.--The Director shall report annually to Congress on 
the operation of the Fund.
    (b) Contents.--The report under subsection (a) shall describe--
            (1) all projects which the Director has approved for 
        funding from the Fund; and
            (2) the results achieved to date for the projects under 
        paragraph (1).

SEC. 8105. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Fund $1,000,000,000 
for fiscal year 2003, which shall remain available until September 30, 
2004.

     Subtitle B--Protection of Voluntarily Furnished Confidential 
                              Information

SEC. 8201. DEFINITIONS.

    In this subtitle, the following definitions shall apply:
            (1) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given that term in section 
        1016(e) of the USA PATRIOT ACT of 2001 (42 U.S.C. 5195(e)).
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Furnished voluntarily.--
                    (A) Definition.--The term ``furnished voluntarily'' 
                means a submission of a record that--
                            (i) is made to the Department in the 
                        absence of authority of the Department 
                        requiring that record to be submitted; and
                            (ii) is not submitted or used to satisfy 
                        any legal requirement or obligation or to 
                        obtain any grant, permit, benefit (such as 
                        agency forbearance, loans, or reduction or 
                        modifications of agency penalties or rulings), 
                        or other approval from the Government.
                    (B) Benefit.--In this paragraph, the term 
                ``benefit'' does not include any warning, alert, or 
                other risk analysis by the Department.

SEC. 8202. PROTECTION OF CONFIDENTIAL INFORMATION.

    (a) In General.--A record pertaining to the vulnerability of and 
threats to critical infrastructure (such as attacks, response, and 
recovery efforts) that is furnished voluntarily to the Department shall 
not be made available under section 552 of title 5, United States Code, 
if--
            (1) the provider would not customarily make the record 
        available to the public; and
            (2) the record is designated and certified by the provider, 
        in a manner specified by the Department, as confidential and 
        not customarily made available to the public.
    (b) Records Shared With Other Agencies.--
            (1) In general.--
                    (A) Response to request.--An agency in receipt of a 
                record that was furnished voluntarily to the Department 
                and subsequently shared with the agency shall, upon 
                receipt of a request under section 552 of title 5, 
                United States Code, for the record--
                            (i) not make the record available; and
                            (ii) refer the request to the Department 
                        for processing and response in accordance with 
                        this section.
                    (B) Segregable portion of record.--Any reasonably 
                segregable portion of a record shall be provided to the 
                person requesting the record after deletion of any 
                portion which is exempt under this section.
            (2) Disclosure of independently furnished records.--
        Notwithstanding paragraph (1), nothing in this section shall 
        prohibit an agency from making available under section 552 of 
        title 5, United States Code, any record that the agency 
        receives independently of the Department, regardless of whether 
        or not the Department has a similar or identical record.
    (c) Withdrawal of Confidential Designation.--The provider of a 
record that is furnished voluntarily to the Department under subsection 
(a) may at any time withdraw, in a manner specified by the Department, 
the confidential designation.
    (d) Procedures.--The Secretary shall prescribe procedures for--
            (1) the acknowledgement of receipt of records furnished 
        voluntarily;
            (2) the designation, certification, and marking of records 
        furnished voluntarily as confidential and not customarily made 
        available to the public;
            (3) the care and storage of records furnished voluntarily;
            (4) the protection and maintenance of the confidentiality 
        of records furnished voluntarily; and
            (5) the withdrawal of the confidential designation of 
        records under subsection (c).
    (e) Effect on State and Local Law.--Nothing in this section shall 
be construed as preempting or otherwise modifying State or local law 
concerning the disclosure of any information that a State or local 
government receives independently of the Department.

SEC. 8203. REPORT TO CONGRESS.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the committees of Congress specified in subsection (b) 
a report on the implementation of this subtitle, including--
            (1) the number of persons in the private sector, and the 
        number of State and local agencies, that furnished voluntarily 
        records to the Department under this section;
            (2) the number of requests for access to records granted or 
        denied under this section; and
            (3) such recommendations as the Comptroller General 
        considers appropriate regarding improvements in the collection 
        and analysis of sensitive information held by persons in the 
        private sector, or by State and local agencies, relating to 
        vulnerabilities of and threats to critical infrastructure, 
        including the response to such vulnerabilities and threats.
    (b) Committees of Congress.--The committees of Congress specified 
in this paragraph are--
            (1) the Committees on the Judiciary and Governmental 
        Affairs of the Senate; and
            (2) the Committees on the Judiciary and Government Reform 
        and Oversight of the House of Representatives.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 8204. AMENDMENTS TO HOMELAND SECURITY ACT OF 2002.

    The Homeland Security Act of 2002 (Public Law 107-296) is amended--
            (1) by striking section 214;
            (2) in section 232(b)(2), by striking ``(which shall be 
        exempt from the provisions of the Federal Advisory Committee 
        Act (5 U.S.C. App.))'';
            (3) in section 311, by striking subsection (i), and 
        redesignating subsection (j) as subsection (i); and
            (4) by striking section 871.

          Subtitle C--Interoperability of Information Systems

SEC. 8301. INTEROPERABILITY OF INFORMATION SYSTEMS.

    (a) Definitions.--In this section, the following definitions shall 
apply:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (2) Enterprise architecture.--The term ``enterprise 
        architecture''--
                    (A) means--
                            (i) a strategic information asset base, 
                        which defines the mission;
                            (ii) the information necessary to perform 
                        the mission;
                            (iii) the technologies necessary to perform 
                        the mission; and
                            (iv) the transitional processes for 
                        implementing new technologies in response to 
                        changing mission needs; and
                    (B) includes--
                            (i) a baseline architecture;
                            (ii) a target architecture; and
                            (iii) a sequencing plan.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of Homeland Security.
    (b) Responsibilities of Secretary.--The Secretary shall--
            (1) endeavor to make the information technology systems of 
        the Department of Homeland Security, including communications 
        systems, effective, efficient, secure, and appropriately 
        interoperable;
            (2) in furtherance of paragraph (1), oversee and ensure the 
        development and implementation of an enterprise architecture 
        for Department-wide information technology, with timetables for 
        implementation;
            (3) as the Secretary considers necessary, oversee and 
        ensure the development and implementation of updated versions 
        of the enterprise architecture under paragraph (2); and
            (4) report to Congress on the development and 
        implementation of the enterprise architecture under paragraph 
        (2) in--
                    (A) each implementation progress report required 
                under the Homeland Security Act of 2002; and
                    (B) each biennial report required under the 
                Homeland Security Act of 2002.
    (c) Responsibilities of Director of Office of Management and 
Budget.--
            (1) In general.--The Director, in consultation with the 
        Secretary and affected entities, shall develop--
                    (A) a comprehensive enterprise architecture for 
                information systems, including communications systems, 
                to achieve interoperability between and among 
                information systems of agencies with responsibility for 
                homeland security; and
                    (B) a plan to achieve interoperability between and 
                among information systems, including communications 
                systems, of agencies with responsibility for homeland 
                security and those of State and local agencies with 
                responsibility for homeland security.
            (2) Timetables.--The Director, in consultation with the 
        Secretary and affected entities, shall establish timetables for 
        development and implementation of the enterprise architecture 
        and plan under paragraph (1).
            (3) Implementation.--The Director, in consultation with the 
        Secretary and acting under the responsibilities of the Director 
        under law (including the Clinger-Cohen Act of 1996), shall--
                    (A) ensure the implementation of the enterprise 
                architecture developed under paragraph (1)(A); and
                    (B) coordinate, oversee, and evaluate the 
                management and acquisition of information technology by 
                agencies with responsibility for homeland security to 
                ensure interoperability consistent with the enterprise 
                architecture developed under subsection (1)(A).
            (4) Updated versions.--The Director, in consultation with 
        the Secretary, shall oversee and ensure the development of 
        updated versions of the enterprise architecture and plan 
        developed under paragraph (1), as necessary.
            (5) Report.--The Director, in consultation with the 
        Secretary, shall annually report to Congress on the development 
        and implementation of the enterprise architecture and plan 
        under paragraph (1).
            (6) Consultation.--The Director shall consult with 
        information systems management experts in the public and 
        private sectors, in the development and implementation of the 
        enterprise architecture and plan under paragraph (1).
            (7) Principal officer.--The Director shall designate, with 
        the approval of the President, a principal officer in the 
        Office of Management and Budget, whose primary responsibility 
        shall be to carry out the duties of the Director under this 
        subsection.
    (d) Agency Cooperation.--The head of each agency with 
responsibility for homeland security shall fully cooperate with the 
Director in the development of a comprehensive enterprise architecture 
for information systems and in the management and acquisition of 
information technology consistent with the comprehensive enterprise 
architecture developed under subsection (c).
    (e) Content.--The enterprise architecture developed under 
subsection (c), and the information systems  managed and acquired under 
the enterprise architecture, shall possess the characteristics of--
            (1) rapid deployment;
            (2) a highly secure environment, providing data access only 
        to authorized users; and
            (3) the capability for continuous system upgrades to 
        benefit from advances in technology while preserving the 
        integrity of stored data.

                 TITLE IX--WEAPONS OF MASS DESTRUCTION

SEC. 9001. SECURITY OF CERTAIN RADIOLOGICAL AND NUCLEAR MATERIALS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) a potential threat is posed by radiological and nuclear 
        materials and waste, other than highly enriched uranium and 
        weapons grade plutonium, in use or storage around the world; 
        and
            (2) the President should, in consultation with the Group of 
        8 nations--
                    (A) develop a program to study and identify the 
                threats posed by such materials and waste; and
                    (B) carry out a program to undertake such actions 
                as are appropriate to minimize such threats.
    (b) Program Required.--(1) The Secretary of State shall, in 
consultation with the Secretary of Energy and the Nuclear Regulatory 
Commission, carry out a program to secure and consolidate, or 
eliminate, as appropriate, radiological and nuclear materials and waste 
referred to in subsection (a) that are located outside the United 
States and are determined to present a potential threat.
    (2) The program shall include elements as follows:
            (A) An identification of the categories of radiological and 
        nuclear materials and waste covered by the program, including 
        an order of priority for securing each category of such 
        materials and waste.
            (B) An estimate of the number of sites at which such 
        materials and waste are present.
            (C) An assessment of the effort required to secure and 
        consolidate, or eliminate, as appropriate, such materials and 
        waste at each such site.
            (D) An assessment of the nature of the threat presented by 
        such materials and waste.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary of State shall submit to Congress a report on 
the status of the program required by subsection (b). The report shall 
set forth--
            (1) a description of the funds required to assist countries 
        in carrying out the program; and
            (2) a description of the participation of the Group of 8 
        countries in the development or implementation of the program, 
        including any commitment of any such country to provide 
        financial assistance to carry out the program.
    (d) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of State, $50,000,000 to carry out the 
program required by subsection (b), of which--
            (A) $10,000,000 shall be available to develop the program; 
        and
            (B) $40,000,000 shall be available to implement and carry 
        out the program.
    (2) There is authorized to be appropriated for the Department of 
Energy $10,000,000 to provide technical assistance to the Secretary of 
State in developing and carrying out the program required by subsection 
(b).
    (3) There is authorized to be appropriated for the Nuclear 
Regulatory Commission $10,000,000 to provide technical assistance to 
the Secretary of State in developing and carrying out the program 
required by subsection (b).
    (4) Subject to paragraph (5), the amounts authorized to be 
appropriated by paragraphs (1), (2), and (3) shall remain available 
until expended.
    (5) Not more than 50 percent of the amount authorized to be 
appropriated by paragraph (1)(B) that remains available as of the 
commencement of the second year of the program required by subsection 
(b) may be available for the program in that year until the Secretary 
of State secures a commitment from the international community to 
provide at least 50 percent of the costs of the program in that year.

SEC. 9002. ASSISTANCE FOR INTERNATIONAL ATOMIC ENERGY AGENCY REGARDING 
              SAFEGUARD AND INSPECTION OF NUCLEAR FACILITIES ABROAD.

    (a) Department of State.--There is authorized to be appropriated 
for the Department of State, $40,000,000 to provide assistance to the 
International Atomic Energy Agency for improving safeguard activities 
at nuclear facilities abroad, including increased inspection and 
monitoring of such facilities to ensure compliance with the Nuclear 
Nonproliferation Treaty and any relevant resolutions of the United 
Nations.
    (b) Department of Energy.--There is authorized to be appropriated 
for the Department of Energy for the National Nuclear Security 
Administration, $35,000,000 to provide technical and other assistance 
to the International Atomic Energy Agency to support increased 
safeguard and inspection activities at nuclear facilities abroad.
    (c) Availability.--The amounts authorized to be appropriated by 
subsections (a) and (b) shall remain available until expended.
    (d) Report.--Not later than 10 days after the date of obligation of 
any funds authorized to be appropriated by subsection (a) or (b), the 
Secretary of State or the Administrator for Nuclear Security, as the 
case may be, shall submit to Congress a report on the obligation.
    (e) Nuclear Nonproliferation Treaty Defined.--In this section, the 
term ``Nuclear Nonproliferation Treaty'' means the Treaty on the 
Nonproliferation of Nuclear Weapons, as opened for signature July 1, 
1968.

SEC. 9003. ASSISTANCE FOR INTERNATIONAL ATOMIC ENERGY AGENCY TO COUNTER 
              NUCLEAR TERRORISM.

    (a) Findings.--Congress makes the following findings:
            (1) The International Atomic Energy Agency (IAEA) is in a 
        unique position to address and encourage increased security at 
        nuclear facilities abroad.
            (2) The IAEA has adopted a standard, known as The Physical 
        Protection of Nuclear Material and Facilities (INFCIRC/225/
        Rev.4), relating to the security of highly enriched uranium 
        (HEU) and plutonium (Pu).
    (b) Implementation of Standard.--(1) The Secretary of State shall, 
in conjunction with the Secretary of Defense, the Secretary of Energy, 
and the Nuclear Regulatory Commission, work with the International 
Atomic Energy Agency and the Group of 8 countries to carry out a 
program to implement the standard of the International Atomic Energy 
Agency known as The Physical Protection of Nuclear Material and 
Facilities (INFCIRC/225/Rev.4), relating to the security of highly 
enriched uranium and plutonium, or an equivalent standard. 
    (2) Activities under the program under paragraph (1) may include 
specific, targeted incentives intended to encourage countries that 
cannot undertake the expense of conforming to the standard referred to 
in that paragraph to relinquish their highly enriched uranium or 
plutonium, including incentives in which a country, group of countries, 
or international body--
            (A) purchase such materials and provide for their security 
        (including by removal to another location);
            (B) undertake the costs of decommissioning facilities that 
        house such materials;
            (C) in the case of research reactors, convert such reactors 
        to low-enriched uranium reactors; or
            (D) upgrade the security of facilities that house such 
        materials in order to meet stringent security standards that 
        are established for purposes of the program based upon agreed 
        best practices.
    (c) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of State, $60,000,000 to provide 
assistance to the International Atomic Energy Agency to carry out the 
program under subsection (b), including the provision of incentives 
referred to in paragraph (2) of that subsection under the program.
    (2) Subject to paragraph (3), the amount authorized to be 
appropriated by paragraph (1) shall remain available until expended.
    (3) Not more than $30,000,000 of the amount authorized to be 
appropriated by paragraph (1) may be used by the International Atomic 
Energy Agency to provide incentives under the program under subsection 
(b) until the Agency obtains a commitment from the international 
community to provide at least $30,000,000 for purposes of such 
incentives or to otherwise implement the standard referred to in 
subsection (b)(1), or an equivalent standard.

SEC. 9004. ACCELERATION AND EXPANSION OF MATERIALS PROTECTION, CONTROL, 
              AND ACCOUNTING PROGRAM.

    (a) In General.--The Administrator for Nuclear Security shall use 
amounts authorized to be appropriated by subsection (b) to accelerate 
and expand the International Materials Protection, Control, and 
Accounting program of the National Nuclear Security Administration for 
the purpose of achieving one or more of the following:
            (1) Acceleration of such ongoing projects under the program 
        as the Administrator considers appropriate.
            (2) Response to unforseen or emergency circumstances under 
        the program.
            (3) Implementation of initiatives program-wide to ensure 
        that the security upgrades and technologies provided under the 
        program are maintained and sustained on a long-term basis by 
        the countries receiving such upgrades and technologies, 
        including training and manufacturing initiatives.
            (4) Facilitation of cooperative development of new 
        technologies or methodologies to improve permanent or interim 
        security at sites covered by the program.
    (b) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of Energy for the National Nuclear 
Security Administration, $20,000,000 to carry out this section.
    (2) The amount authorized to be appropriated by paragraph (1) shall 
remain available until expended.

SEC. 9005. BORDER SECURITY AND EXPORT CONTROL.

    (a) Program Required.--The President shall carry out a program to 
improve border security and strengthen export controls in Russia, the 
states of the former Soviet Union, and Eastern Europe, and in any other 
country or region that the President considers appropriate, in order to 
decrease the potential for the spread of weapons of mass destruction 
and related materials and equipment.
    (b) Commencement Deadline.--The program required by subsection (a) 
shall commence not later than 60 days after the date of the enactment 
of this Act.
    (c) Participation of Federal Agencies.--The President shall ensure 
the participation in the program required by subsection (a) of 
appropriate personnel of the Department of State, the Department of 
Defense, the Department of Energy, the Bureau of Customs, and such 
other Federal agencies having an expertise in border security or export 
controls as the President considers appropriate.
    (d) Coordination.--(1) The Secretary of State shall have primary 
responsibility for coordinating the implementation of the program 
required by subsection (a).
    (2) The Secretary shall carry out the responsibility under 
paragraph (1) through a coordinating council established by the 
Secretary from among senior officials of the Federal agencies referred 
to in subsection (c).
    (3) The coordinating council shall be chaired by an official 
designated by the Secretary from among the officials comprising the 
coordinating council.
    (e) Program Plan.--(1) The program required by subsection (a) shall 
be carried out in accordance with a program plan developed by the 
Secretary of State, in consultation with the National Security Council 
and the coordinating council established under subsection (d)(2).
    (2) The program plan under paragraph (1) shall--
            (A) specify the responsibilities under the program of each 
        Federal agency participating in the program; and
            (B) identify the budgetary requirements of each such agency 
        for such participation.
    (3) The program plan shall, to the maximum extent practicable, 
avoid duplication in activities and responsibilities under the program 
among the Federal agencies participating in the program.
    (f) Budgeting.--The Secretary of State shall submit to Congress 
each year, together with the budget of the President for the fiscal 
year beginning in such year under section 1105 of title 31, United 
States Code, a separate statement of the amounts required during such 
fiscal year by each Federal agency participating in the program 
required by subsection (a) for its participation in the program during 
such fiscal year.
    (g) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of State, $50,000,000 to carry out the 
program required by subsection (a).
    (2) Except as provided in paragraph (3), the amount authorized to 
be appropriated by paragraph (1) shall remain available until expended.
    (3) The Secretary may transfer funds authorized to be appropriated 
by paragraph (1) to the head of any Federal agency participating in the 
program in order to defray the costs of such Federal agency in 
participating in the program. Amounts transferred under this paragraph 
shall be merged with amounts authorized to be appropriated to the 
recipient agency for the costs concerned, and shall be available for 
the same purposes, and for the same period, as amounts with which 
merged.

SEC. 9006. REUSE OF RUSSIAN NUCLEAR FACILITIES.

    (a) In General.--The Secretary of Energy shall work with the 
Minister of Atomic Energy of Russia to carry out a program to shut-down 
or convert to non-defense work one or more nuclear weapons assembly and 
disassembly facilities in Russia.
    (b) Designation of Facilities.--The Secretary of Energy and 
Minister of Atomic Energy of Russia shall jointly designate each 
facility to be covered by the program under subsection (a).
    (c) Advice and Recommendations.--(1) Not later than two months 
after the designation of a facility under subsection (b), the Secretary 
of Energy shall establish a commission to provide advice and 
recommendations on the shut-down or conversion of the facility to non-
defense work.
    (2) Each commission under paragraph (1) shall consist of such 
personnel, including Russian nationals, as the Secretary considers 
appropriate for its work. The names of each member of each commission 
shall be made public upon designation under this paragraph.
    (3)(A) Each member of a commission under paragraph (1) who is not 
an officer or employee of the Federal Government shall be compensated 
at a rate equal to the daily equivalent of the annual rate of basic pay 
prescribed for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, for each day (including travel time) 
during which such member is engaged in the performance of the duties of 
such commission. All members of a commission who are officers or 
employees of the United States shall serve without compensation in 
addition to that received for their services as officers or employees 
of the United States.
    (B) The members of a commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for such commission.
    (4) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to any activities of a commission under paragraph (1).
    (5) The meetings of any commission under paragraph (1) shall, to 
the maximum extent practicable, be open to the public.
    (d) Proposed Facility Reuse Plan.--(1) Not later than six months 
after the designation of a facility under subsection (b), the 
commission for the facility under subsection (c) shall submit to the 
Secretary of Energy and the Minister of Atomic Energy of Russia a 
proposed plan on the shut-down or conversion of the facility to non-
defense work.
    (2) A proposed plan under paragraph (1) may include one or more of 
the elements specified in subsection (f).
    (3) Any proposed plan submitted under paragraph (1) shall be made 
public upon its submittal.
    (e) Final Facility Reuse Plan.--(1) Not later than nine months 
after receiving a proposed plan for a facility under subsection (d), 
the Secretary of Energy and the Minister of Atomic Energy of Russia 
shall jointly develop a final plan on the shut-down or conversion of 
the facility to non-defense work.
    (2) A final plan for a facility under paragraph (1) shall include 
the following:
            (A) Any of the elements specified in subsection (f).
            (B) Assurances of access to the facility necessary to carry 
        out the final plan.
            (C) Resolution of any matters relating to liability and 
        taxation.
            (D) An estimate of the costs of the United States, and of 
        Russia, under the final plan.
            (E) The commitment of Russia to pay at least 15 percent of 
        the costs of the final plan.
            (F) Milestones for the final plan, including a deadline for 
        the shut-down or conversion of the facility to non-defense 
        work.
            (G) Appropriate auditing and accounting mechanisms.
    (f) Plan Elements.--The plan for a facility under subsection (d) or 
(e) may include one or more of the following elements:
            (1) A retraining program for facility employees.
            (2) Economic incentives to attract and facilitate 
        commercial ventures in connection with the facility.
            (3) A site preparation plan.
            (4) Technical exchange and training programs.
            (5) The participation of a redevelopment manager and of 
        business, legal, financial, or other appropriate experts.
            (6) Promotional or marketing plans.
            (7) Provision for startup funds, loans, or grants, or other 
        venture capital or financing.
    (g) Limitation on Availability of Funds.--No amount authorized to 
be appropriated by subsection (h) may be available for a facility under 
the program under subsection (a) unless the deadlines for the 
preparation of the proposed facility reuse plan for the facility under 
subsection (d) and for the preparation of the final facility reuse plan 
for the facility under subsection (e) are both met.
    (h) Authorization of Appropriations.--(1) There is authorized to be 
appropriated to the Department of Energy, $60,000,000 to carry out this 
section, of which not more than $4,000,000 may be available to any 
particular commission under subsection (c).
    (2) The amount authorized to be appropriated by paragraph (1) shall 
remain available until expended.

SEC. 9007. RESEARCH AND DEVELOPMENT INVOLVING ALTERNATIVE USE OF 
              WEAPONS OF MASS DESTRUCTION EXPERTISE.

    (a) Authority To Use Funds.--Notwithstanding any other provision of 
law and subject to subsection (c), any funds available to a department 
or agency of the Federal Government may be used to conduct non-defense 
research and development in Russia and the states of the former Soviet 
Union on technologies specified in subsection (b) utilizing scientists 
in Russia and the states of the former Soviet Union who have an 
expertise in--
            (1) nuclear weapons; or
            (2) chemical or biological weapons, but only if such 
        scientists no longer engage, or have never engaged, in 
        activities relating to such weapons.
    (b) Technologies.--The technologies specified in this subsection 
are technologies on the following:
            (1) Environmental restoration and monitoring.
            (2) Proliferation detection.
            (3) Health and medicine, including research.
            (4) Energy.
    (c) Limitation.--Funds may not be used under subsection (a) for 
research and development if the Secretary of State, in consultation 
with the Secretary of Defense and the Secretary of Energy, determines 
that such research and development will--
            (1) pose a threat to the security interests of the United 
        States; or
            (2) further materially any defense technology.
    (d) Authorization of Appropriations.--(1) There is authorized to be 
appropriated to the Department of State, $20,000,000 for the following 
purposes:
            (A) To make determinations under subsection (c).
            (B) To defray any increase in costs incurred by the 
        Department, or any other department or agency of the Federal 
        Government, for research and development, or demonstration, as 
        a result of research and development conducted under this 
        section.
    (2) The amount authorized to be appropriated by paragraph (1) shall 
remain available until expended.
    (3) Any amount transferred to a department or agency of the Federal 
Government pursuant to paragraph (1)(B) shall be merged with amounts 
available to such department or agency to cover the costs concerned, 
and shall be available for the same purposes, and for the same period, 
as amounts with which merged.

SEC. 9008. EXPANSION INITIATIVES FOR PROLIFERATION PREVENTION PROGRAM.

    (a) Use of Funds for Expansion Authorized.--The Administrator for 
Nuclear Security may use amounts authorized to be appropriated by 
subsection (b) to carry out activities under the Initiatives for 
Proliferation Prevention program at facilities designated for shut-down 
or conversion to non-defense work under section 9006(b).
    (b) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of Energy for the National Nuclear 
Security Administration for the Initiatives for Proliferation 
Prevention program, $25,000,000 for use authorized by subsection (a).
    (2) The amount authorized to be appropriated by paragraph (1) shall 
remain available until expended.

SEC. 9009. ACCELERATION OF HIGHLY ENRICHED URANIUM DISPOSITION PROGRAM.

    (a) Use of Funds for Acceleration Authorized.--The Secretary of 
Energy may use amounts authorized to be appropriated by subsection (b) 
to accelerate the program to accelerate the disposition of highly 
enriched uranium authorized by section 3157 of the National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107-314).
    (b) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of Energy for the National Nuclear 
Security Administration for defense nuclear nonproliferation, 
$40,000,000 for use authorized by subsection (a).
    (2) The amount authorized to be appropriated by paragraph (1) shall 
remain available until expended.

SEC. 9010. ACCELERATION OF DESTRUCTION OF CHEMICAL WEAPONS FACILITIES 
              AND INFRASTRUCTURE.

    (a) Use of Funds for Acceleration of Destruction.--Notwithstanding 
any limitation under section 1302 of the National Defense Authorization 
Act for Fiscal Year 2003 (Public Law 107-314), the Secretary of Defense 
shall use amounts authorized to be appropriated by subsection (b) to 
accelerate the program to secure and destroy former chemical weapons 
facilities and infrastructure in the states of the former Soviet Union.
    (b) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of Defense for operation and 
maintenance for Cooperative Threat Reduction programs, $15,000,000 to 
carry out subsection (a).
    (2) The amount authorized to be appropriated by paragraph (1) is in 
addition to any other amounts authorized to be appropriated for fiscal 
year 2003 for the Department of Defense for operation and maintenance 
for Cooperative Threat Reduction programs.

SEC. 9011. ACCELERATION OF BIOLOGICAL MATERIALS PROTECTION, CONTROL, 
              AND ACCOUNTING PROGRAM.

    (a) Use of Funds for Acceleration of Program.--Notwithstanding any 
limitation under section 1302 of the National Defense Authorization Act 
for Fiscal Year 2003 (Public Law 107-314), the Secretary of Defense 
shall use amounts authorized to be appropriated by subsection (c) to 
accelerate the program to account for, secure, consolidate, and destroy 
biological materials in Russia and the states of the former Soviet 
Union.
    (b) Agreements Authorized.--In carrying out activities pursuant to 
subsection (a), the Secretary may enter into cooperative agreements on 
non-defense research with scientists and institutes formerly engaged in 
biological weapons activities.
    (c) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of Defense for operation and 
maintenance for Cooperative Threat Reduction programs, $25,000,000 to 
carry out subsection (a).
    (2) The amount authorized to be appropriated by paragraph (1) is in 
addition to any other amounts authorized to be appropriated for fiscal 
year 2003 for the Department of Defense for operation and maintenance 
for Cooperative Threat Reduction programs.

SEC. 9012. RUSSIAN TACTICAL NUCLEAR WEAPONS.

    (a) Report Required.--Not later than six months after the date of 
the enactment of this Act, the President shall submit to Congress a 
report setting forth the following:
            (1) A description of the number, location, condition, and 
        security of Russian tactical nuclear weapons.
            (2) An assessment of the threat posed by the theft of 
        Russian tactical nuclear weapons.
            (3) A plan for developing with Russia a cooperative program 
        to secure, consolidate, and dismantle, as appropriate, Russian 
        tactical nuclear weapons.
    (b) Program.--The Secretary of Defense and the Secretary of Energy 
shall jointly work with Russia to establish a cooperative program, 
based on the report under subsection (a), to secure, consolidate, and 
dismantle, as appropriate, Russian tactical nuclear weapons in order to 
achieve reductions in the total number of Russian tactical nuclear 
weapons.
    (c) Authorization of Appropriations.--(1) There is authorized to be 
appropriated for the Department of Defense, $25,000,000 to carry out 
this section.
    (2) There is authorized to be appropriated for the Department of 
Energy, $25,000,000 to carry out this section.

SEC. 9013. AUTHORIZATION OF USE OF COOPERATIVE THREAT REDUCTION FUNDS 
              FOR PROJECTS AND ACTIVITIES OUTSIDE THE FORMER SOVIET 
              UNION.

    (a) Cooperative Threat Reduction Programs and Funds.--For purposes 
of this section:
            (1) Cooperative Threat Reduction programs are--
                    (A) the programs specified in section 1501(b) of 
                the National Defense Authorization Act for Fiscal Year 
                1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 
                2362 note); and
                    (B) any other similar programs, as designated by 
                the Secretary of Defense, to address critical emerging 
                proliferation threats in the states of the former 
                Soviet Union that jeopardize United States national 
                security.
            (2) Cooperative Threat Reduction funds, for a fiscal year, 
        are the funds authorized to be appropriated for Cooperative 
        Threat Reduction programs for that fiscal year.
    (b) Authorization of Use of CTR Funds for Threat Reduction 
Activities Outside the Former Soviet Union.--(1) Notwithstanding any 
other provision of law and subject to the succeeding provisions of this 
section, the Secretary of Defense may obligate and expend Cooperative 
Threat Reduction funds for fiscal year 2003, or Cooperative Threat 
Reduction funds for a fiscal year before fiscal year 2003 that remain 
available for obligation as of the date of the enactment of this Act, 
for proliferation threat reduction projects and activities outside the 
states of the former Soviet Union if the Secretary determines that such 
projects and activities will--
            (A) assist the United States in the resolution of critical 
        emerging proliferation threats; or
            (B) permit the United States to take advantage of 
        opportunities to achieve long-standing United States 
        nonproliferation goals.
    (2) The amount that may be obligated under paragraph (1) in any 
fiscal year for projects and activities described in that paragraph may 
not exceed $50,000,000.
    (c) Authorized Uses of Funds.--The authority under subsection (b) 
to obligate and expend Cooperative Threat Reduction funds for a project 
or activity includes authority to provide equipment, goods, and 
services for the project or activity, but does not include authority to 
provide cash directly to the project or activity.
    (d) Source and Replacement of Funds Used.--(1) The Secretary shall, 
to the maximum extent practicable, ensure that funds for projects and 
activities under subsection (b) are derived from funds that would 
otherwise be obligated for a range of Cooperative Threat Reduction 
programs, so that no particular Cooperative Threat Reduction program is 
the exclusive or predominant source of funds for such projects and 
activities.
    (2) If the Secretary obligates Cooperative Threat Reduction funds 
under subsection (b) in a fiscal year, the first budget of the 
President that is submitted under section 1105(a) of title 31, United 
States Code, after such fiscal year shall set forth, in addition to any 
other amounts requested for Cooperative Threat Reduction programs in 
the fiscal year covered by such budget, a request for Cooperative 
Threat Reduction funds in the fiscal year covered by such budget in an 
amount equal to the amount so obligated. The request shall also set 
forth the Cooperative Threat Reduction program or programs for which 
such funds would otherwise have been obligated, but for obligation 
under subsection (b).
    (3) Amounts authorized to be appropriated pursuant to a request 
under paragraph (2) shall be available for the Cooperative Threat 
Reduction program or programs set forth in the request under the second 
sentence of that paragraph.
    (e) Limitation on Obligation of Funds.--Except as provided in 
subsection (f), the Secretary may not obligate and expend Cooperative 
Threat Reduction funds for a project or activity under subsection (b) 
until 30 days after the date on which the Secretary submits to the 
congressional defense committees a report on the purpose for which the 
funds will be obligated and expended, and the amount of the funds to be 
obligated and expended.
    (f) Exception.--(1) The Secretary may obligate and expend 
Cooperative Threat Reduction funds for a project or activity under 
subsection (b) without regard to subsection (e) if the Secretary 
determines that a critical emerging proliferation threat warrants 
immediate obligation and expenditure of such funds.
    (2) Not later than 72 hours after first obligating funds for a 
project or activity under paragraph (1), the Secretary shall submit to 
the congressional defense committees a report containing a detailed 
justification for the obligation of funds. The report on a project or 
activity shall include the following:
            (A) A description of the critical emerging proliferation 
        threat to be addressed, or the long-standing United States 
        nonproliferation goal to be achieved, by the project or 
        activity.
            (B) A description of the agreement, if any, under which the 
        funds will be used, including whether or not the agreement 
        provides that the funds will not be used for purposes contrary 
        to the national security interests of the United States.
            (C) A description of the contracting process, if any, that 
        will be used in the implementation of the project or activity.
            (D) An analysis of the effect of the obligation of funds 
        for the project or activity on ongoing Cooperative Threat 
        Reduction programs.
            (E) An analysis of the need for additional or follow-up 
        threat reduction assistance, including whether or not the need 
        for such assistance justifies the establishment of a new 
        cooperative threat reduction program or programs to account for 
        such assistance.
            (F) A description of the mechanisms to be used by the 
        Secretary to assure that proper audits and examinations of the 
        project or activity are carried out.
    (g) Report on Establishment of New Cooperative Threat Reduction 
Programs.--(1) If the Secretary employs the authority in subsection (b) 
in any two fiscal years, the Secretary shall submit to Congress a 
report on the advisability of establishing one or more new cooperative 
threat reduction programs to account for projects and activities funded 
using such authority.
    (2) The report required by paragraph (1) shall be submitted along 
with the budget justification materials in support of the Department of 
Defense budget (as submitted with the budget of the President under 
section 1105(a) of title 31, United States Code) in the first budget 
submitted after the end of the two consecutive fiscal years referred to 
in that paragraph.

SEC. 9014. REPEAL OF CERTAIN LIMITATIONS ON USES OF FUNDS.

    The following provisions are repealed:
            (1) Section 1203(d) of the Cooperative Threat Reduction Act 
        of 1993 (title XII of Public Law 103-160; 107 Stat. 1778; 22 
        U.S.C. 5952).
            (2) Section 502 of the FREEDOM Support Act (Public Law 102-
        522; 106 Stat. 3338; 22 U.S.C. 5852).
            (3) Section 1305(1) of the National Defense Authorization 
        Act for Fiscal Year 2000 (22 U.S.C. 5952 note).

                         TITLE X--INTELLIGENCE

             Subtitle A--Intelligence Community Leadership

SEC. 10001. SHORT TITLE.

    This subtitle may be cited as the ``Intelligence Community 
Leadership Act of 2003''.

SEC. 10002. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF 
              INTELLIGENCE COMMUNITY.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended by striking sections 102 through 104 and 
inserting the following new sections:

           ``office of the director of national intelligence

    ``Sec. 102. (a) Office of Director of National Intelligence.--(1) 
There is an Office of the Director of National Intelligence. The 
function of the Office is to assist the Director of National 
Intelligence in carrying out the duties and responsibilities of the 
Director under this Act and to carry out such other duties as may be 
prescribed by law.
    ``(2) The Office of the Director of National Intelligence is 
composed of the following:
            ``(A) The Director of National Intelligence.
            ``(B) The Deputy Director of National Intelligence.
            ``(C) The Deputy Director of National Intelligence for 
        Community Management.
            ``(D) The National Intelligence Council.
            ``(E) The Assistant Director of National Intelligence for 
        Collection.
            ``(F) The Assistant Director of National Intelligence for 
        Analysis and Production.
            ``(G) The Assistant Director of National Intelligence for 
        Administration.
            ``(H) The General Counsel to the Director of National 
        Intelligence.
            ``(I) The Inspector General of the Intelligence Community.
            ``(J) The Office of the National Counterintelligence 
        Executive.
            ``(K) Such other offices and officials as may be 
        established by law or the Director of National Intelligence may 
        establish or designate in the Office.
    ``(3) To assist the Director in fulfilling the responsibilities of 
the Director as head of the intelligence community, the Director shall 
employ and utilize in the Office of the Director of National 
Intelligence a professional staff having an expertise in matters 
relating to such responsibilities, and may establish permanent 
positions and appropriate rates of pay with respect to that staff.
    ``(b) Director of National Intelligence.--(1) There is a Director 
of National Intelligence who shall be appointed by the President, by 
and with the advice and consent of the Senate.
    ``(2) Any individual nominated for appointment as Director of 
National Intelligence shall have extensive national security expertise.
    ``(3) The Director of National Intelligence shall--
            ``(A) serve as head of the United States intelligence 
        community; and
            ``(B) act as the principal adviser to the President for 
        intelligence matters related to the national security.
    ``(c) Deputy Director of National Intelligence.--(1) There is a 
Deputy Director of National Intelligence who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    ``(2) Any individual nominated for appointment as Deputy Director 
of National Intelligence shall have extensive national security 
expertise.
    ``(3) The Deputy Director of National Intelligence shall assist the 
Director of National Intelligence in carrying out the Director's 
responsibilities under this Act.
    ``(4) The Deputy Director of National Intelligence shall act for, 
and exercise the powers of, the Director of National Intelligence 
during the Director's absence or disability or during a vacancy in the 
position of the Director of National Intelligence.
    ``(5) The Deputy Director of National Intelligence takes precedence 
in the Office of the Director of National Intelligence immediately 
after the Director of National Intelligence.
    ``(d) Deputy Director of National Intelligence for Community 
Management.--(1) There is a Deputy Director of National Intelligence 
for Community Management who shall be appointed by the President, by 
and with the advice and consent of the Senate.
    ``(2) Any individual nominated for appointment as Deputy Director 
of National Intelligence for Community Management shall have extensive 
national security expertise.
    ``(3) The Deputy Director of National Intelligence for Community 
Management shall, subject to the direction of the Director of National 
Intelligence, be responsible for the following:
            ``(A) Directing the operations of the Community Management 
        Staff.
            ``(B) Through the Assistant Director of National 
        Intelligence for Collection, ensuring the efficient and 
        effective collection of national intelligence using technical 
        means and human sources.
            ``(C) Through the Assistant Director of National 
        Intelligence for Analysis and Production, conducting oversight 
        of the analysis and production of intelligence by elements of 
        the intelligence community.
            ``(D) Through the Assistant Director of National 
        Intelligence for Administration, performing community-wide 
        management functions of the intelligence community, including 
        the management of personnel and resources.
    ``(4) The Deputy Director of National Intelligence for Community 
Management takes precedence in the Office of the Director of National 
Intelligence immediately after the Deputy Director of National 
Intelligence.
    ``(e) Military Status of Director and Deputy Directors.--(1) Not 
more than one of the individuals serving in the positions specified in 
paragraph (2) may be a commissioned officer of the Armed Forces, 
whether in active or retired status.
    ``(2) The positions referred to in this paragraph are the 
following:
            ``(A) The Director of National Intelligence.
            ``(B) The Deputy Director of National Intelligence.
            ``(C) The Deputy Director of National Intelligence for 
        Community Management.
    ``(3) It is the sense of Congress that, under ordinary 
circumstances, it is desirable that one of the individuals serving in 
the positions specified in paragraph (2)--
            ``(A) be a commissioned officer of the Armed Forces, 
        whether in active or retired status; or
            ``(B) have, by training or experience, an appreciation of 
        military intelligence activities and requirements.
    ``(4) A commissioned officer of the Armed Forces, while serving in 
a position specified in paragraph (2)--
            ``(A) shall not be subject to supervision or control by the 
        Secretary of Defense or by any officer or employee of the 
        Department of Defense;
            ``(B) shall not exercise, by reason of the officer's status 
        as a commissioned officer, any supervision or control with 
        respect to any of the military or civilian personnel of the 
        Department of Defense except as otherwise authorized by law; 
        and
            ``(C) shall not be counted against the numbers and 
        percentages of commissioned officers of the rank and grade of 
        such officer authorized for the military department of that 
        officer.
    ``(5) Except as provided in subparagraph (A) or (B) of paragraph 
(4), the appointment of an officer of the Armed Forces to a position 
specified in paragraph (2) shall not affect the status, position, rank, 
or grade of such officer in the Armed Forces, or any emolument, 
perquisite, right, privilege, or benefit incident to or arising out of 
such status, position, rank, or grade.
    ``(6) A commissioned officer of the Armed Forces on active duty who 
is appointed to a position specified in paragraph (2), while serving in 
such position and while remaining on active duty, shall continue to 
receive military pay and allowances and shall not receive the pay 
prescribed for such position. Funds from which such pay and allowances 
are paid shall be reimbursed from funds available to the Director of 
National Intelligence.
    ``(f) National Intelligence Council.--(1) There is a National 
Intelligence Council.
    ``(2)(A) The Council shall be composed of senior analysts within 
the intelligence community and substantive experts from the public and 
private sector, who shall be appointed by, report to, and serve at the 
pleasure of the Director of National Intelligence.
    ``(B) The Director shall prescribe appropriate security 
requirements for personnel appointed from the private sector as a 
condition of service on the Council, or as contractors of the Council 
or employees of such contractors, to ensure the protection of 
intelligence sources and methods while avoiding, wherever possible, 
unduly intrusive requirements which the Director considers to be 
unnecessary for this purpose.
    ``(3) The Council shall--
            ``(A) produce national intelligence estimates for the 
        Government, including, whenever the Council considers 
        appropriate, alternative views held by elements of the 
        intelligence community;
            ``(B) evaluate community-wide collection and production of 
        intelligence by the intelligence community and the requirements 
        and resources of such collection and production; and
            ``(C) otherwise assist the Director in carrying out the 
        responsibilities described in section 103(a).
    ``(4) Within their respective areas of expertise and under the 
direction of the Director, the members of the Council shall constitute 
the senior intelligence advisers of the intelligence community for 
purposes of representing the views of the intelligence community within 
the Government.
    ``(5) Subject to the direction and control of the Director, the 
Council may carry out its responsibilities under this subsection by 
contract, including contracts for substantive experts necessary to 
assist the Council with particular assessments under this subsection.
    ``(6) The Director shall make available to the Council such staff 
as may be necessary to permit the Council to carry out its 
responsibilities under this subsection, and shall take appropriate 
measures to ensure that the Council and its staff satisfy the needs of 
policymaking officials and other consumers of intelligence.
    ``(7) The Council shall be readily accessible to policymaking 
officials and other appropriate individuals not otherwise associated 
with the intelligence community.
    ``(8) The heads of elements within the intelligence community 
shall, as appropriate, furnish such support to the Council, including 
the preparation of intelligence analyses, as may be required by the 
Director.
    ``(g) Assistant Director of National Intelligence for Collection.--
(1) There is an Assistant Director of National Intelligence for 
Collection who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    ``(2) The Assistant Director for Collection shall assist the 
Director of National Intelligence in carrying out the Director's 
collection responsibilities in order to ensure the efficient and 
effective collection of national intelligence.
    ``(h) Assistant Director of National Intelligence for Analysis and 
Production.--(1) There is an Assistant Director of National 
Intelligence for Analysis and Production who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    ``(2) The Assistant Director for Analysis and Production shall--
            ``(A) oversee the analysis and production of intelligence 
        by the elements of the intelligence community;
            ``(B) establish standards and priorities relating to the 
        analysis and production of intelligence by such elements;
            ``(C) monitor the allocation of resources for the analysis 
        and production of intelligence in order to identify unnecessary 
        duplication in the analysis and production of intelligence;
            ``(D) direct competitive analysis of analytical products 
        having National importance;
            ``(E) identify intelligence to be collected for purposes of 
        the Assistant Director of National Intelligence for Collection; 
        and
            ``(F) provide such additional analysis and production of 
        intelligence as the President and the National Security Council 
        may require.
    ``(i) Assistant Director of National Intelligence for 
Administration.--(1) There is an Assistant Director of National 
Intelligence for Administration who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    ``(2) The Assistant Director for Administration shall manage such 
activities relating to the administration of the intelligence community 
as the Director of National Intelligence shall require.
    ``(j) General Counsel to Director of National Intelligence.--(1) 
There is a General Counsel to the Director of National Intelligence who 
shall be appointed from civilian life by the President, by and with the 
advice and consent of the Senate.
    ``(2) The individual serving in the position of General Counsel to 
the Director of National Intelligence may not, while so serving, also 
serve as the General Counsel of the Central Intelligence Agency.
    ``(3) The General Counsel to the Director of National Intelligence 
is the chief legal officer for the Director of National Intelligence.
    ``(4) The General Counsel to the Director of National Intelligence 
shall perform such functions as the Director of National Intelligence 
may prescribe.
    ``(k) Inspector General of Intelligence Community.--(1) There shall 
be an Inspector General of the Intelligence Community who is appointed 
as provided in section 3 of the Inspector General Act of 1978 (5 U.S.C. 
App. 3).
    ``(2) The Inspector General of the Intelligence Community shall 
report to and be under the general supervision of the Director of 
National Intelligence.
    ``(3) The Inspector General of the Intelligence Community shall, 
with respect to the intelligence community as a whole and each element 
of the intelligence community, perform such duties, have such 
responsibilities, and exercise such powers specified in the Inspector 
General Act of 1978 as the Director of National Intelligence shall 
prescribe.
    ``(4) Each inspector general of an element of the intelligence 
community shall cooperate fully with the Inspector General of the 
Intelligence Community in the performance of any duty or function by 
the Inspector General of the Intelligence Community under this 
subsection regarding such element.
    ``(5) The performance by the Inspector General of the Intelligence 
Community of any duty or function regarding an element of the 
intelligence community may not be construed to modify or affect the 
responsibility of any other inspector general having responsibilities 
regarding the element of the intelligence community.

        ``responsibilities of director of national intelligence

    Sec. 103. (a) Provision of Intelligence.--(1) Under the direction 
of the National Security Council, the Director of National Intelligence 
shall be responsible for providing national intelligence--
            ``(A) to the President;
            ``(B) to the heads of departments and agencies of the 
        executive branch;
            ``(C) to the Chairman of the Joint Chiefs of Staff and 
        senior military commanders; and
            ``(D) where appropriate, to the Senate and House of 
        Representatives and the committees thereof.
    ``(2) Such national intelligence should be timely, objective, 
independent of political considerations, and based upon all sources 
available to the intelligence community.
    ``(b) Responsibilities of Director of National Intelligence.--The 
Director of National Intelligence shall--
            ``(1) develop an annual budget for intelligence and 
        intelligence-related activities of the United States by--
                    ``(A) developing and presenting to the President an 
                annual budget for the National Foreign Intelligence 
                Program, including review, approval, and modification 
                of the execution of intelligence community budgets, and 
                personnel and resource allocation in furtherance of 
                such annual budget;
                    ``(B) participating in the development by the 
                Secretary of Defense of the annual budgets for the 
Joint Military Intelligence Program and the Tactical Intelligence and 
Related Activities Program; and
                    ``(C) managing and overseeing the execution and, if 
                necessary, the modification of the annual budget for 
                the National Foreign Intelligence Program, including 
                directing the transfer of funds or personnel between 
                elements of the intelligence community;
                    ``(D) setting, monitoring, and enforcing consistent 
                policy for the intelligence community;
                    ``(E) reviewing, approving, modifying, and 
                exercising primary management and oversight of the 
                research and development efforts of the intelligence 
                community;
                    ``(F) reviewing, approving, and coordinating 
                relationships between elements of the intelligence 
                community and foreign intelligence, law enforcement, 
                and security services;
                    ``(G) insuring that the elements of the 
                intelligence community comply fully with policies, 
                guidance, and authorities applicable to the 
                intelligence community on management, administration, 
                and law;
            ``(2) establish the requirements and priorities to govern 
        the collection of national intelligence by elements of the 
        intelligence community;
            ``(3) approve, establish, and enforce collection 
        processing, and dissemination requirements, determine 
        collection priorities, and resolve conflicts in collection 
        priorities levied on national collection assets, except as 
        otherwise agreed with the Secretary of Defense pursuant to the 
        direction of the President;
            ``(4) promote and evaluate the utility of national 
        intelligence to consumers within the Government;
            ``(5) eliminate waste and unnecessary duplication within 
        the intelligence community;
            ``(6) establish requirements and priorities for foreign 
        intelligence information to be collected under the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
        and provide assistance to the Attorney General to ensure that 
        information derived from electronic surveillance or physical 
        searches under that Act is disseminated so it may be used 
        efficiently and effectively for foreign intelligence purposes, 
        except that the Director shall have no authority to direct, 
        manage, or undertake electronic surveillance or physical search 
        operations pursuant to that Act unless otherwise authorized by 
        statute or Executive order;
            ``(7) protect intelligence sources and methods from 
        unauthorized disclosure; and
            ``(8) perform such other functions as the President or the 
        National Security Council may direct.

           ``authorities of director of national intelligence

    ``Sec. 103A. (a) Access to Intelligence.--To the extent recommended 
by the National Security Council and approved by the President, the 
Director of National Intelligence shall have access to all intelligence 
related to the national security which is collected by any department, 
agency, or other entity of the United States.
    ``(b) Approval of Budgets.--The Director of National Intelligence 
shall supervise the elements of the intelligence community in the 
preparation of their annual budgets, and shall approve such budgets 
before their incorporation in the National Foreign Intelligence 
Program.
    ``(c) Reprogramming.--(1) No funds made available under the 
National Foreign Intelligence Program may be reprogrammed by any 
element of the intelligence community without the prior approval of the 
Director of National Intelligence except in accordance with procedures 
issued by the Director.
    ``(2) The Secretary of Defense shall consult with the Director 
before reprogramming funds made available under the Joint Military 
Intelligence Program.
    ``(d) Transfer of Funds or Personnel Within National Foreign 
Intelligence Program.--(1)(A) In addition to any other authorities 
available under law for such purposes, the Director of National 
Intelligence may, with the approval of the Director of the Office of 
Management and Budget, transfer funds appropriated for a program within 
the National Foreign Intelligence Program to another such program and, 
in accordance with procedures to be developed by the Director, may 
transfer personnel authorized for an element of the intelligence 
community to another such element for periods up to a year.
    ``(B) The Director may only delegate a duty or authority given the 
Director under this subsection to the Deputy Director of National 
Intelligence for Community Management.
    ``(2) A transfer of funds or personnel may be made under this 
subsection only if--
            ``(A) the funds or personnel are being transferred to an 
        activity that is a higher priority intelligence activity;
            ``(B) the need for funds or personnel for such activity is 
        based on unforeseen requirements; and
            ``(C) the transfer does not involve a transfer of funds to 
        the Reserve for Contingencies of the Central Intelligence 
        Agency.
    ``(3) Funds transferred under this subsection shall remain 
available for the same period as the appropriations account to which 
transferred.
    ``(4)(A) Any transfer of funds under this subsection shall be 
carried out in accordance with existing procedures applicable to 
reprogramming notifications for the appropriate congressional 
committees.
    ``(B) Any proposed transfer for which notice is given to the 
appropriate congressional committees shall be accompanied by a report 
explaining the nature of the proposed transfer and how it satisfies the 
requirements of this subsection. In addition, the congressional 
intelligence committees shall be promptly notified of any transfer of 
funds made pursuant to this subsection in any case in which the 
transfer would not have otherwise required reprogramming notification 
under procedures in effect as of October 24, 1992.
    ``(5) The Director shall promptly submit to the congressional 
intelligence committees and, in the case of the transfer of personnel 
to or from the Department of Defense, the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House of 
Representatives, a report on any transfer of personnel made pursuant to 
this subsection. The Director shall include in any such report an 
explanation of the nature of the transfer and how it satisfies the 
requirements of this subsection.
    ``(e) Coordination With Foreign Governments.--Under the direction 
of the National Security Council and in a manner consistent with 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the 
Director of National Intelligence shall coordinate the relationships 
between elements of the intelligence community and the intelligence or 
security services of foreign governments on all matters involving 
intelligence related to the national security or involving intelligence 
acquired through clandestine means.
    ``(f) Use of Personnel.--The Director of National Intelligence 
shall, in coordination with the heads of departments and agencies with 
elements in the intelligence community, institute policies and programs 
within the intelligence community--
            ``(1) to provide for the rotation of personnel between the 
        elements of the intelligence community, where appropriate, and 
        to make such rotated service a factor to be considered for 
promotion to senior positions; and
            ``(2) to consolidate, wherever possible, personnel, 
        administrative, and security programs to reduce the overall 
        costs of these activities within the intelligence community.
    ``(g) Standards and Qualifications for Performance of Intelligence 
Activities.--The Director of National Intelligence shall, in 
consultation with the heads of effected agencies, develop standards and 
qualifications for persons engaged in the performance of intelligence 
activities within the intelligence community.

                     ``central intelligence agency

    ``Sec. 104. (a) In General.--There is a Central Intelligence 
Agency.
    ``(b) Function.--The function of the Agency shall be to assist the 
Director of the Central Intelligence Agency in carrying out the 
responsibilities of the Director under section 104A(d).

             ``director of the central intelligence agency

    ``Sec. 104A. (a) Director of Central Intelligence Agency.--There is 
a Director of the Central Intelligence Agency who shall be appointed by 
the President, by and with the advice and consent of the Senate.
    ``(b) Head of Central Intelligence Agency.--The Director of the 
Central Intelligence Agency shall be the head of the Central 
Intelligence Agency.
    ``(c) Prohibition on Simultaneous Service as Director of National 
Intelligence.--The individual serving in the position of Director of 
the Central Intelligence Agency shall not, while so serving, also serve 
as the Director of National Intelligence.
    ``(d) General Responsibilities.--As head of the Central 
Intelligence Agency, the Director of the Central Intelligence Agency 
shall--
            ``(1) collect intelligence through human sources and by 
        other appropriate means, except that the Agency shall have no 
        police, subpoena, or law enforcement powers or internal 
        security functions;
            ``(2) provide overall direction for the collection of 
        national intelligence through human sources by elements of the 
        intelligence community authorized to undertake such collection 
        and, in coordination with other agencies of the Government 
        which are authorized to undertake such collection, ensure that 
        the most effective use is made of resources and that the risks 
        to the United States and those involved in such collection are 
        minimized;
            ``(3) correlate and evaluate intelligence related to the 
        national security and provide appropriate dissemination of such 
        intelligence;
            ``(4) perform such additional services as are of common 
        concern to the elements of the intelligence community, which 
        services the Director of National Intelligence determines can 
        be more efficiently accomplished centrally; and
            ``(5) perform such other functions and duties related to 
        intelligence affecting the national security as the President 
        or the National Security Council may direct.
    ``(e) Termination of Employment of CIA Employees.--(1) 
Notwithstanding any other provision of law, the Director of the Central 
Intelligence Agency may, in the Director's discretion, terminate the 
employment of any officer or employee of the Central Intelligence 
Agency whenever the Director considers such termination necessary or 
advisable in the interests of the United States.
    ``(2) Termination under paragraph (1) shall not affect the right of 
the officer or employee terminated to seek or accept employment in any 
other department or agency of the Government if declared eligible for 
such employment by the Office of Personnel Management.''.
    (b) Sense of Congress on Cabinet-Level Status of Director of 
National Intelligence.--It is the sense of Congress that the Director 
of National Intelligence should be a cabinet-level officer of the 
United States Government.
    (c) General References.--(1) Any reference to the Director of 
Central Intelligence in the Director's capacity as the head of the 
intelligence community in any law, regulation, document, paper, or 
other record of the United States shall be deemed to be a reference to 
the Director of National Intelligence.
    (2) Any reference to the Director of Central Intelligence in the 
Director's capacity as the head of the Central Intelligence Agency in 
any law, regulation, document, paper, or other record of the United 
States shall be deemed to be a reference to the Director of the Central 
Intelligence Agency.
    (3) Any reference to the Deputy Director of Central Intelligence in 
the Deputy Director's capacity as deputy to the head of the 
intelligence community in any law, regulation, document, paper, or 
other record of the United States shall be deemed to be a reference to 
the Deputy Director of National Intelligence.
    (4) Any reference to the Deputy Director of Central Intelligence 
for Community Management in any law, regulation, document, paper, or 
other record of the United States shall be deemed to be a reference to 
the Deputy Director of National Intelligence for Community Management.
    (5) Any reference to the Assistant Director of Central Intelligence 
for Collection in any law, regulation, document, paper, or other record 
of the United States shall be deemed to be a reference to the Assistant 
Director of National Intelligence for Collection.
    (6) Any reference to the Assistant Director of Central Intelligence 
for Analysis and Production in any law, regulation, document, paper, or 
other record of the United States shall be deemed to be a reference to 
the Assistant Director of National Intelligence for Analysis and 
Production.
    (7) Any reference to the Assistant Director of Central Intelligence 
for Administration in any law, regulation, document, paper, or other 
record of the United States shall be deemed to be a reference to the 
Assistant Director of National Intelligence for Administration.

SEC. 10003. TEN-YEAR TERM OF SERVICE FOR THE DIRECTOR OF NATIONAL 
              INTELLIGENCE.

    (a) Term of Service.--The term of service of the Director of 
National Intelligence shall be ten years.
    (b) Applicability.--(1) Subsection (a) shall apply with respect to 
any individual appointed as Director of National Intelligence on or 
after the date of the enactment of this Act.
    (2) For purposes of paragraph (1), the redesignation of the 
position of Director of Central Intelligence as the position of 
Director of National Intelligence in the amendment to the National 
Security Act of 1947 made by section 10002(a) of this Act shall not be 
treated as creating a vacancy in the position of Director of National 
Intelligence for which appointment is required under section 102(b) of 
the National Security Act of 1947, as so amended.

SEC. 10004. EXECUTIVE SCHEDULE MATTERS.

    (a) Executive Schedule Level II.--Section 5313 of title 5, United 
States Code, is amended by striking the item relating to the Director 
of Central Intelligence and inserting the following new items:
            ``Director of National Intelligence.
            ``Director of the Central Intelligence Agency.''.
    (b) Executive Schedule Level III.--Section 5314 of title 5, United 
States Code, is amended by striking the item relating to the Deputy 
Directors of Central Intelligence and inserting the following new item:
            ``Deputy Directors of National Intelligence (2).''.
    (c) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended--
            (1) by striking the item relating to the Assistant 
        Directors of Central Intelligence and inserting the following 
        new item:
            ``Assistant Directors of National Intelligence (3).'';
            (2) by striking the item relating to the Inspector General 
        of the Central Intelligence Agency and inserting the following 
        new items:
            ``Inspector General, Central Intelligence Agency.
            ``Inspector General, Intelligence Community.''; and
            (3) by inserting after the item relating to the General 
        Counsel of the Central Intelligence Agency the following new 
        item:
            ``General Counsel to the Director of National 
        Intelligence.''.

SEC. 10005. CONFORMING AND CLERICAL AMENDMENTS.

    (a) National Security Act of 1947.--(1) The National Security Act 
of 1947 (50 U.S.C. 401 et seq.) is amended by striking ``Director of 
Central Intelligence'' and inserting ``Director of National 
Intelligence'' each place it appears in the following provisions:
            (A) Section 3(4)(A) (50 U.S.C. 401a(4)(A)), both places it 
        appears.
            (B) Section 3(4)(J) (50 U.S.C. 401a(4)(J)).
            (C) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
            (D) Section 3(6) (50 U.S.C. 401a(6)).
            (E) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
            (F) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
            (G) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
            (H) Section 101(j) (50 U.S.C. 402(j)), both places it 
        appears.
            (I) Section 105(a) (50 U.S.C. 403-5(a)).
            (J) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
            (K) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
            (L) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
            (M) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
            (N) Section 105B(b) (50 U.S.C. 403-5b(b)), both places it 
        appears.
            (O) Section 105C(a)(6)(B)(viii) (50 U.S.C. 403-
        5c(a)(6)(B)(viii)).
            (P) Section 105C(b) (50 U.S.C. 403-5c(b)), both places it 
        appears.
            (Q) Section 105D(b), as added by section 502 of the 
        Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
        107-306), both places it appears.
            (R) Section 106(a)(1) (50 U.S.C. 403-6(a)(1)).
            (S) Section 106(b)(1) (50 U.S.C. 403-6(b)(1)).
            (T) Section 106(b)(3) (50 U.S.C. 403-6(b)(3)).
            (U) Section 110(b) (50 U.S.C. 404e(b)).
            (V) Section 110(c) (50 U.S.C. 404e(c)).
            (W) Section 111 (50 U.S.C. 404f).
            (X) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
            (Y) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
            (Z) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
            (AA) Section 113(c) (50 U.S.C. 404h(c)).
            (BB) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
            (CC) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
            (DD) Section 114(c)(1), as amended by section 324 of the 
        Intelligence Authorization Act for Fiscal Year 2003.
            (EE) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
            (FF) Section 115(b) (50 U.S.C. 404j(b)).
            (GG) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
            (HH) Section 116(a) (50 U.S.C. 404k(a)).
            (II) Section 116(b) (50 U.S.C. 404k(b)).
            (JJ) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
            (KK) Section 303(a) (50 U.S.C. 405(a)), both places it 
        appears.
            (LL) Section 501(d) (50 U.S.C. 413(d)).
            (MM) Section 502(a) (50 U.S.C. 413a(a)).
            (NN) Section 502(c) (50 U.S.C. 413a(c)).
            (OO) Section 503(b) (50 U.S.C. 413b(b)).
            (PP) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
            (QQ) Section 506(b), as added by section 311 of the 
        Intelligence Authorization Act for Fiscal Year 2003.
            (RR) Section 603(a) (50 U.S.C. 423(a)).
            (SS) Section 1001(a), as amended by section 331 of the 
        Intelligence Authorization Act for Fiscal Year 2003.
    (2) The National Security Act of 1947 is further amended by 
striking ``Director of Central Intelligence'' and inserting ``Director 
of the Central Intelligence Agency'' each place it appears in the 
following provisions:
            (A) Section 504(a)(2) (50 U.S.C. 414(a)(2)).
            (B) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
            (C) Section 701(a) (50 U.S.C. 431(a)).
            (D) Section 702(a) (50 U.S.C. 432(a)).
    (3) Section 3(4)(A) of that Act (50 U.S.C. 401a(4)(A)) is further 
amended--
            (A) by striking ``as provided in section 105(b)(3)'' and 
        inserting ``as provided in section 102(f)''; and
            (B) by striking ``the Director may'' and inserting ``the 
        Director of National Intelligence may''.
    (4) Section 105(b) of that Act (50 U.S.C. 403-5(b)) is further 
amended by striking ``sections 103 and 104'' and inserting ``sections 
103, 103A, and 104A''.
    (5) Section 112(d) of that Act (50 U.S.C. 404g(d)) is further 
amended--
            (A) in paragraph (1), by striking ``section 103(c)(6) of 
        this Act'' and inserting ``section 103(b)(7)''; and
            (B) in paragraph (2), by striking ``of this Act''.
    (6) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended 
by striking ``or the Office of the Director of Central Intelligence'' 
and inserting ``the Office of the Director of National Intelligence, or 
the Office of the Director of the Central Intelligence Agency''.
    (7) Section 1001(b) of that Act, as amended by section 331 of the 
Intelligence Authorization Act for Fiscal Year 2003, is further amended 
by striking ``Assistant Director of Central Intelligence for 
Administration'' and inserting ``Assistant Director of National 
Intelligence for Administration''.
    (8) The subsection caption of section 105(d) of that Act (50 U.S.C. 
403-5(d)) is amended by striking ``the Director of Central 
Intelligence'' and inserting ``Director of National Intelligence''.
    (9) Section 106 of that Act (50 U.S.C. 403-6) is further amended--
            (A) in the subsection caption for subsection (a), by 
        striking ``DCI'' and inserting ``DNI''; and
            (B) in the subsection caption for subsection (b), by 
        striking ``DCI'' and inserting ``DNI''.
    (10) The heading for section 114 of that Act (50 U.S.C. 404i) is 
amended to read as follows:

       ``additional annual reports from the director of national 
                            intelligence''.

    (11) The table of sections for that Act is amended--
            (A) by striking the items relating to sections 102 through 
        104 and inserting the following new items:

``Sec. 102. Office of the Director of Central Intelligence.
``Sec. 103. Responsibilities of Director of National Intelligence.
``Sec. 103A. Authorities of Director of National Intelligence.
``Sec. 104. Central Intelligence Agency.
``Sec. 104A. Director of the Central Intelligence Agency.''; and
            (B) by striking the item relating to section 114 and 
        inserting the following new item:

``Sec. 114. Additional annual reports from the Director of National 
                            Intelligence.''.
    (b) Central Intelligence Agency Act of 1949.--(1) Section 1 of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a) is amended--
            (A) by redesignating paragraphs (a) and (c) as paragraphs 
        (1) and (3), respectively; and
            (B) by striking paragraph (b) and inserting the following 
        new paragraph (2):
            ``(2) `Director' means the Director of the Central 
        Intelligence Agency; and''.
    (2) Section 6 of that Act (50 U.S.C. 403g) is amended--
            (A) by striking ``Director of Central Intelligence'' and 
        inserting ``Director of National Intelligence''; and
            (B) by striking ``section 103(c)(6) of the National 
        Security Act of 1947 (50 U.S.C. 403-3(c)(6))'' and inserting 
        ``section 103(b)(7) of the National Security Act of 1947''.
    (3) That Act is further amended by striking ``Director of Central 
Intelligence'' each place it appears in the following provisions and 
inserting ``Director of the Central Intelligence Agency'':
            (A) Section 14(b) (50 U.S.C. 403n(b)).
            (B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
            (C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it 
        appears.
            (D) Section 20(g)(3)(B) (50 U.S.C. 403u(g)(3)(B)).
            (E) Section 20(h)(1) (50 U.S.C. 403u(h)(1)).
            (F) Section 20(h)(2) (50 U.S.C. 403u(h)(2)).
    (4) That Act is further amended by striking ``of Central 
Intelligence'' in each of the following provisions:
            (A) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
            (B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
            (C) Section 17(f) (50 U.S.C. 403q(f)), both places it 
        appears.
            (D) Section 20(c) (50 U.S.C. 403t(c)).
    (c) Central Intelligence Agency Retirement Act.--(1) Section 101 of 
the Central Intelligence Agency Retirement Act (50 U.S.C. 2001) is 
amended by striking paragraph (2) and inserting the following new 
paragraph (2):
            ``(2) Director.--The term `Director' means the Director of 
        the Central Intelligence Agency.''.
    (2) Section 201(c) of that Act (50 U.S.C. 2011) is amended by 
striking ``paragraph (6) of section 103(c) of the National Security Act 
of 1947 (50 U.S.C. 403-3(c)) that the Director of Central 
Intelligence'' and inserting ``section 103(b)(7) of the National 
Security Act of 1947 that the Director of the National Intelligence''.
    (d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of section 
2 of the Central Intelligence Agency Voluntary Separation Pay Act (50 
U.S.C. 2001 note) is amended to read as follows:
            ``(1) the term `Director' means the Director of the Central 
        Intelligence Agency;''.
    (e) Inspector General Act of 1978.--Section 8H(a)(1)(C) of the 
Inspector General Act of 1978 (5 U.S.C. App. 8H(a)(1)(C)) is amended by 
inserting before the period at the end the following: ``or to the 
Inspector General of the Intelligence Community''.
    (f) Foreign Intelligence Surveillance Act of 1978.--The Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 
amended by striking ``Director of Central Intelligence'' each place it 
appears and inserting ``Director of National Intelligence''.
    (g) Classified Information Procedures Act.--Section 9(a) of the 
Classified Information Procedures Act (5 U.S.C. App.) is amended by 
striking ``Director of Central Intelligence'' and inserting ``Director 
of National Intelligence''.
    (h) Intelligence Authorization Acts.--
            (1) Public law 103-359.--Section 811(c)(6)(C) of the 
        Counterintelligence and Security Enhancements Act of 1994 
        (title VIII of Public Law 103-359) is amended by striking 
        ``Director of Central Intelligence'' and inserting ``Director 
        of National Intelligence''.
            (2) Public law 107-306.--(A) Section 313(a) of the 
        Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
        107-306) is amended by striking ``Director of Central 
        Intelligence, acting as the head of the intelligence 
        community,'' and inserting ``Director of National 
        Intelligence''.
            (B) Section 341 of that Act is amended by striking 
        ``Director of Central Intelligence, acting as the head of the 
        intelligence community, shall establish in the Central 
        Intelligence Agency'' and inserting ``Director of National 
        Intelligence shall establish within the intelligence 
        community''.
            (C) Section 343 of that Act is amended--
                    (i) in subsection (a)(1), by striking ``Director of 
                Central Intelligence, acting as the head of the 
                Intelligence Community,'' and inserting ``Director of 
                National Intelligence'';
                    (ii) in subsection (c), by striking ``section 
                103(c)(6) of the National Security Act of 1947 (50 
                U.S.C. 403-3(c)(6))'' and inserting ``section 103(b)(7) 
                of the National Security Act of 1947''; and
                    (iii) in subsection (e)(2), by striking ``section 
                103(c)(6)'' and inserting ``section 103(b)(7)''.
            (D) Section 352(b) of that Act is amended by inserting ``of 
        National Intelligence'' after ``The Director''.
            (E) That Act is further amended by striking ``Director of 
        Central Intelligence'' each place it appears in the following 
        provisions and inserting ``Director of National Intelligence'':
                    (i) Section 902(a)(2).
                    (ii) Section 904(e)(4).
                    (iii) Section 904(e)(5).
                    (iv) Section 904(h)(1).
            (F) That Act is further amended by striking ``Office of the 
        Director of Central Intelligence'' each place it appears in the 
        following provisions and inserting ``Office of the Director of 
        National Intelligence'':
                    (i) Section 904(c).
                    (ii) Section 904(l).
            (G) Section 904(m) of that Act is amended by inserting 
        ``the Director of National Intelligence,'' before ``the 
        Director of Central Intelligence''.
    (i) USA PATRIOT Act of 2001.--The USA PATRIOT Act of 2001 (Public 
Law 107-56) is amended by striking ``Director of Central Intelligence'' 
and inserting ``Director of National Intelligence'' each place it 
appears in the following provisions:
            (1) Section 203(d)(1) (50 U.S.C. 403-5d(d)(1)), as amended 
        by section 897(a) of the Homeland Security Act of 2002 (Public 
        Law 107-296), both places it appears.
            (2) Section 908(a) (115 Stat. 391).
            (3) Section 1006(b) (115 Stat. 394).
    (j) Homeland Security Act of 2002.--The Homeland Security Act of 
2002 (Public Law 107-296) is amended by striking ``Director of Central 
Intelligence'' and inserting ``Director of National Intelligence'' each 
place it appears in the following provisions:
            (1) Section 201(d)(10).
            (2) Section 201(d)(12)(B).
            (3) Section 202(c).
            (4) Section 202(d)(2).
            (5) Section 601(c)(6).
            (6) Section 601(e).
            (7) Section 601(f).
            (8) Section 892(b)(7).
            (9) Section 1001(c)(1)(A).
    (k) Title 18, United States Code.--(1) Section 2517(8) of title 18, 
United States Code, as amended by section 896 of the Homeland Security 
Act of 2002 (Public Law 107-296), is further amended by striking 
``Director of Central Intelligence'' and inserting ``Director of 
National Intelligence''.
    (2) Subsections (d)(7)(B)(iv) and (i)(5)(B)(iv) of such title, as 
amended by section 1123 of such Act, are further amended by striking 
``Director of Central Intelligence'' and inserting ``Director of 
National Intelligence, or the head of another element of the 
intelligence community''.
    (l) Title 44, United States Code.--Section 3535(g)(3) of title 44, 
United States Code, as added by section 1001 of the Federal Information 
Security Management Act of 2002 (title X of Public Law 107-296), is 
further amended by striking ``Director of Central Intelligence'' and 
inserting ``Director of National Intelligence''.
    (m) Federal Rules of Criminal Procedure.--Paragraphs (2) and (3) of 
section 6(e) of the Federal Rules of Criminal Procedure, as amended by 
section 895 of the Homeland Security Act of 2002 (Public Law 107-296), 
are further amended by striking ``Director of Central Intelligence'' 
and inserting ``Director of National Intelligence''.

                       Subtitle B--Other Matters

SEC. 10011. DISCHARGE OF CERTAIN INTELLIGENCE ACTIVITIES BY THE 
              DEPARTMENT OF HOMELAND SECURITY.

    (a) Discharge by Directorate for Information Analysis and 
Infrastructure Protection.--The Directorate for Information Analysis 
and Infrastructure Protection of the Department of Homeland Security 
shall be the element within the Department responsible for receiving 
and analyzing law enforcement and other information from agencies of 
the Federal Government, State and local government agencies (including 
law enforcement agencies), and private sector entities, and fusing such 
information and analysis with analytical products, assessments, and 
warnings relating to foreign intelligence from the Director of Central 
Intelligence's Counterterrorist Center in order to--
            (1) identify and assess the nature and scope of threats to 
        the homeland; and
            (2) detect and identify threats of terrorism against the 
        United States and other threats to homeland security.
    (b) Provision of Information to Counterterrorist Center.--In order 
to ensure that the Directorate for Information Analysis and 
Infrastructure Protection is provided for purposes of subsection (a) 
with appropriate analytical products, assessments, and warnings 
relating to threats of terrorism against the United States and other 
threats to homeland security, the Director of National Intelligence, 
the Attorney General, and the heads of other agencies of the Federal 
Government shall ensure that all intelligence and other information 
relating to international terrorism is provided to the Counterterrorist 
Center.
    (c) Analysis of Information.--The Director of Central Intelligence 
shall ensure the analysis by the Counterterrorist Center of all 
intelligence and other information provided the Counterterrorist Center 
under subsection (b).
    (d) Analysis of Foreign Intelligence.--(1) The Counterterrorist 
Center shall have primary responsibility for the analysis of foreign 
intelligence relating to international terrorism.
    (2) Nothing in paragraph (1) shall be construed to prohibit the 
Directorate for Information Analysis and Infrastructure Protection from 
conducting for purposes of subsection (a) supplemental analysis of 
foreign intelligence relating to threats of terrorism against the 
United States and other threats to homeland security.
    (d) Provision by Counterterrorist Center of Terrorism Analysis to 
Directorate.--The Director of Central Intelligence shall ensure the 
provision by the Counterterrorist Center to the Directorate for 
Information Analysis and Infrastructure Protection of all analytical 
products, assessments, and warnings relating to threats of terrorism 
against the United States and other threats to homeland security that 
are produced by the Counterterrorist Center pursuant to the analysis 
under subsection (c).
    (e) Definitions.--In this section, the terms ``intelligence'' and 
``foreign intelligence'' have the meanings given such terms in section 
3 of the National Security Act of 1947 (50 U.S.C. 401a).

                      TITLE XI--CHEMICAL SECURITY

SEC. 11001. SHORT TITLE.

    This title may be cited as the ``Chemical Security Act of 2003''.

SEC. 11002. FINDINGS.

    Congress finds that--
            (1) the chemical industry is a crucial part of the critical 
        infrastructure of the United States--
                    (A) in its own right; and
                    (B) because that industry supplies resources 
                essential to the functioning of other critical 
                infrastructures;
            (2) the possibility of terrorist and criminal attacks on 
        chemical sources (such as industrial facilities) poses a 
        serious threat to public health, safety, and welfare, critical 
        infrastructure, national security, and the environment;
            (3) the possibility of theft of dangerous chemicals from 
        chemical sources for use in terrorist attacks poses a further 
        threat to public health, safety, and welfare, critical 
        infrastructure, national security, and the environment; and
            (4) there are significant opportunities to prevent theft 
        from, and criminal attack on, chemical sources and reduce the 
        harm that such acts would produce by--
                    (A)(i) reducing usage and storage of chemicals by 
                changing production methods and processes; and
                    (ii) employing inherently safer technologies in the 
                manufacture, transport, and use of chemicals;
                    (B) enhancing secondary containment and other 
                existing mitigation measures; and
                    (C) improving security.

SEC. 11003. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Chemical source.--The term ``chemical source'' means a 
        stationary source (as defined in section 112(r)(2) of the Clean 
        Air Act (42 U.S.C. 7412(r)(2))) that contains a substance of 
        concern.
            (3) Covered substance of concern.--The term ``covered 
        substance of concern'' means a substance of concern that, in 
        combination with a chemical source and other factors, is 
        designated as a high priority category by the Administrator 
under section 11004(a)(1).
            (4) Employee.--The term ``employee'' means--
                    (A) a duly recognized collective bargaining 
                representative at a chemical source; or
                    (B) in the absence of such a representative, other 
                appropriate personnel.
            (5) Head of the office.--The term ``head of the Office'' 
        means the head of the Office of Homeland Security (or a 
        successor agency).
            (6) Safer design and maintenance.--The term ``safer design 
        and maintenance'' includes, with respect to a chemical source 
        that is within a high priority category designated under 
        section 11004(a)(1), implementation, to the extent practicable, 
        of the practices of--
                    (A) preventing or reducing the vulnerability of the 
                chemical source to a release of a covered substance of 
                concern through use of inherently safer technology;
                    (B) reducing any vulnerability of the chemical 
                source to a release of a covered substance of concern 
                through use of well-maintained secondary containment, 
                control, or mitigation equipment;
                    (C) reducing any vulnerability of the chemical 
                source to a release of a covered substance of concern 
                by implementing security measures; and
                    (D) reducing the potential consequences of any 
                vulnerability of the chemical source to a release of a 
                covered substance of concern through the use of buffer 
                zones between the chemical source and surrounding 
                populations (including buffer zones between the 
                chemical source and residences, schools, hospitals, 
                senior centers, shopping centers and malls, sports and 
                entertainment arenas, public roads and transportation 
                routes, and other population centers).
            (7) Security measure.--
                    (A) In general.--The term ``security measure'' 
                means an action carried out to increase the security of 
                a chemical source.
                    (B) Inclusions.--The term ``security measure'', 
                with respect to a chemical source, includes--
                            (i) employee training and background 
                        checks;
                            (ii) the limitation and prevention of 
                        access to controls of the chemical source;
                            (iii) protection of the perimeter of the 
                        chemical source;
                            (iv) the installation and operation of an 
                        intrusion detection sensor; and
                            (v) a measure to increase computer or 
                        computer network security.
            (8) Substance of concern.--The term ``substance of 
        concern'' means--
                    (A) any regulated substance (as defined in section 
                112(r) of the Clean Air Act (42 U.S.C. 7412(r))); and
                    (B) any substance designated by the Administrator 
                under section 11004(a).
            (9) Unauthorized release.--The term ``unauthorized 
        release'' means--
                    (A) a release from a chemical source into the 
                environment of a covered substance of concern that is 
                caused, in whole or in part, by a criminal act;
                    (B) a release into the environment of a covered 
                substance of concern that has been removed from a 
                chemical source, in whole or in part, by a criminal 
                act; and
                    (C) a release or removal from a chemical source of 
                a covered substance of concern that is unauthorized by 
                the owner or operator of the chemical source.
            (10) Use of inherently safer technology.--
                    (A) In general.--The term ``use of inherently safer 
                technology'', with respect to a chemical source, means 
                use of a technology, product, raw material, or practice 
                that, as compared with the technologies, products, raw 
                materials, or practices currently in use--
                            (i) reduces or eliminates the possibility 
                        of a release of a substance of concern from the 
                        chemical source prior to secondary containment, 
                        control, or mitigation; and
                            (ii) reduces or eliminates the threats to 
                        public health and the environment associated 
                        with a release or potential release of a 
                        substance of concern from the chemical source.
                    (B) Inclusions.--The term ``use of inherently safer 
                technology'' includes input substitution, catalyst or 
                carrier substitution, process redesign (including reuse 
                or recycling of a substance of concern), product 
                reformulation, procedure simplification, and technology 
                modification so as to--
                            (i) use less hazardous substances or benign 
                        substances;
                            (ii) use a smaller quantity of covered 
                        substances of concern;
                            (iii) reduce hazardous pressures or 
                        temperatures;
                            (iv) reduce the possibility and potential 
                        consequences of equipment failure and human 
                        error;
                            (v) improve inventory control and chemical 
                        use efficiency; and
                            (vi) reduce or eliminate storage, 
                        transportation, handling, disposal, and 
                        discharge of substances of concern.

SEC. 11004. DESIGNATION OF AND REQUIREMENTS FOR HIGH PRIORITY 
              CATEGORIES.

    (a) Designation and Regulation of High Priority Categories by the 
Administrator.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator, in consultation with 
        the head of the Office and State and local agencies responsible 
for planning for and responding to unauthorized releases and providing 
emergency health care, shall promulgate regulations to designate 
certain combinations of chemical sources and substances of concern as 
high priority categories based on the severity of the threat posed by 
an unauthorized release from the chemical sources.
            (2) Factors to be considered.--In designating high priority 
        categories under paragraph (1), the Administrator, in 
        consultation with the head of the Office, shall consider--
                    (A) the severity of the harm that could be caused 
                by an unauthorized release;
                    (B) the proximity to population centers;
                    (C) the threats to national security;
                    (D) the threats to critical infrastructure;
                    (E) threshold quantities of substances of concern 
                that pose a serious threat; and
                    (F) such other safety or security factors as the 
                Administrator, in consultation with the head of the 
                Office, determines to be appropriate.
            (3) Requirements for high priority categories.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Administrator, in 
                consultation with the head of the Office, the United 
                States Chemical Safety and Hazard Investigation Board, 
                and State and local agencies described in paragraph 
                (1), shall promulgate regulations to require each owner 
                and each operator of a chemical source that is within a 
                high priority category designated under paragraph (1), 
                in consultation with local law enforcement, first 
                responders, and employees, to--
                            (i) conduct an assessment of the 
                        vulnerability of the chemical source to a 
                        terrorist attack or other unauthorized release;
                            (ii) using appropriate hazard assessment 
                        techniques, identify hazards that may result 
                        from an unauthorized release of a covered 
                        substance of concern; and
                            (iii) prepare a prevention, preparedness, 
                        and response plan that incorporates the results 
                        of those vulnerability and hazard assessments.
                    (B) Actions and procedures.--A prevention, 
                preparedness, and response plan required under 
                subparagraph (A)(iii) shall include actions and 
                procedures, including safer design and maintenance of 
                the chemical source, to eliminate or significantly 
                lessen the potential consequences of an unauthorized 
                release of a covered substance of concern.
                    (C) Threat information.--To the maximum extent 
                permitted by applicable authorities and the interests 
                of national security, the head of the Office, in 
                consultation with the Administrator, shall provide 
                owners and operators of chemical sources with threat 
                information relevant to the assessments and plans 
                required under subsection (b).
            (4) Review and revisions.--Not later than 5 years after the 
        date of promulgation of regulations under each of paragraphs 
        (1) and (3), the Administrator, in consultation with the head 
        of the Office, shall review the regulations and make any 
        necessary revisions.
            (5) Addition of substances of concern.--For the purpose of 
        designating high priority categories under paragraph (1) or any 
        subsequent revision of the regulations promulgated under 
        paragraph (1), the Administrator, in consultation with the head 
        of the Office, may designate additional substances that pose a 
        serious threat as substances of concern.
    (b) Certification.--
            (1) Vulnerability and hazard assessments.--Not later than 1 
        year after the date of promulgation of regulations under 
        subsection (a)(3), each owner and each operator of a chemical 
        source that is within a high priority category designated under 
        subsection (a)(1) shall--
                    (A) certify to the Administrator that the chemical 
                source has conducted assessments in accordance with the 
                regulations; and
                    (B) submit to the Administrator written copies of 
                the assessments.
            (2) Prevention, preparedness, and response plans.--Not 
        later than 18 months after the date of promulgation of 
        regulations under subsection (a)(3), the owner or operator 
        shall--
                    (A) certify to the Administrator that the chemical 
                source has completed a prevention, preparedness, and 
                response plan that incorporates the results of the 
                assessments and complies with the regulations; and
                    (B) submit to the Administrator a written copy of 
                the plan.
            (3) 5-year review.--Not later than 5 years after each of 
        the date of submission of a copy of an assessment under 
        paragraph (1) and a plan under paragraph (2), and not less 
        often than every 3 years thereafter, the owner or operator of 
        the chemical source covered by the assessment or plan, in 
        coordination with local law enforcement and first responders, 
        shall--
                    (A) review the adequacy of the assessment or plan, 
                as the case may be; and
                    (B)(i) certify to the Administrator that the 
                chemical source has completed the review; and
                    (ii) as appropriate, submit to the Administrator 
                any changes to the assessment or plan.
            (4) Protection of information.--
                    (A) Disclosure exemption.--Except with respect to 
                certifications specified in paragraphs (1) through (3) 
                of this subsection and section 11005(a), all 
                information provided to the Administrator under this 
                subsection, and all information derived from that 
                information, shall be exempt from disclosure under 
                section 552 of title 5, United States Code.
                    (B) Development of protocols.--
                            (i) In general.--The Administrator, in 
                        consultation with the head of the Office, shall 
                        develop such protocols as are necessary to 
                        protect the copies of the assessments and plans 
                        required to be submitted under this subsection 
                        (including the information contained in those 
                        assessments and plans) from unauthorized 
                        disclosure.
                            (ii) Requirements.--The protocols developed 
                        under clause (i) shall ensure that--
                                    (I) each copy of an assessment or 
                                plan, and all information contained in 
                                or derived from the assessment or plan, 
                                is maintained in a secure location;
                                    (II) except as provided in 
                                subparagraph (C), only individuals 
                                designated by the Administrator may 
                                have access to the copies of the 
                                assessments and plans; and
                                    (III) no copy of an assessment or 
                                plan or any portion of an assessment or 
                                plan, and no information contained in 
                                or derived from an assessment or plan, 
shall be available to any person other than an individual designated by 
the Administrator.
                            (iii) Deadline.--As soon as practicable, 
                        but not later than 1 year after the date of 
                        enactment of this Act, the Administrator shall 
                        complete the development of protocols under 
                        clause (i) so as to ensure that the protocols 
                        are in place before the date on which the 
                        Administrator receives any assessment or plan 
                        under this subsection.
                    (C) Federal officers and employees.--An individual 
                referred to in subparagraph (B)(ii) who is an officer 
                or employee of the United States may discuss with a 
                State or local official the contents of an assessment 
                or plan described in that subparagraph.

SEC. 11005. ENFORCEMENT.

    (a) Review of Plans.--
            (1) In general.--The Administrator, in consultation with 
        the head of the Office, shall review each assessment and plan 
        submitted under section 11004(b) to determine the compliance of 
        the chemical source covered by the assessment or plan with 
        regulations promulgated under paragraphs (1) and (3) of section 
        11004(a).
            (2) Certification of compliance.--
                    (A) In general.--The Administrator shall certify in 
                writing each determination of the Administrator under 
                paragraph (1).
                    (B) Inclusions.--A certification of the 
                Administrator shall include a checklist indicating 
                consideration by a chemical source of the use of 4 
                elements of safer design and maintenance described in 
                subparagraphs (A) through (D) of section 11003(6).
                    (C) Early compliance.--
                            (i) In general.--The Administrator, in 
                        consultation with the head of the Office, 
                        shall--
                                    (I) before the date of publication 
                                of proposed regulations under section 
                                11004(a)(3), review each assessment or 
                                plan submitted to the Administrator 
                                under section 11004(b); and
                                    (II) before the date of 
                                promulgation of final regulations under 
                                section 11004(a)(3), determine whether 
                                each such assessment or plan meets the 
                                consultation, planning, and assessment 
                                requirements applicable to high 
                                priority categories under section 
                                11004(a)(3).
                            (ii) Affirmative determination.--If the 
                        Administrator, in consultation with the head of 
                        the Office, makes an affirmative determination 
                        under clause (i)(II), the Administrator shall 
                        certify compliance of an assessment or plan 
                        described in that clause without requiring any 
                        revision of the assessment or plan.
                    (D) Schedule for review and certification.--
                            (i) In general.--The Administrator, after 
                        taking into consideration the factors described 
                        in section 11004(a)(2), shall establish a 
                        schedule for the review and certification of 
                        assessments and plans submitted under section 
                        11004(b).
                            (ii) Deadline for completion.--Not later 
                        than 3 years after the deadlines for the 
                        submission of assessments and plans under 
                        paragraph (1) or (2), respectively, of section 
                        11004(b), the Administrator shall complete the 
                        review and certification of all assessments and 
                        plans submitted under those sections.
    (b) Compliance Assistance.--
            (1) Definition of determination.--In this subsection, the 
        term ``determination'' means a determination by the 
        Administrator that, with respect to an assessment or plan 
        described in section 11004(b)--
                    (A) the assessment or plan does not comply with 
                regulations promulgated under paragraphs (1) and (3) of 
                section 11004(a); or
                    (B)(i) a threat exists beyond the scope of the 
                submitted plan; or
                    (ii) current implementation of the plan is 
                insufficient to address--
                            (I) the results of an assessment of a 
                        source; or
                            (II) a threat described in clause (i).
            (2) Determination by administrator.--If the Administrator, 
        after consultation with the head of the Office, makes a 
        determination, the Administrator shall--
                    (A) notify the chemical source of the 
                determination; and
                    (B) provide such advice and technical assistance, 
                in coordination with the head of the Office and the 
                United States Chemical Safety and Hazard Investigation 
                Board, as is appropriate--
                            (i) to bring the assessment or plan of a 
                        chemical source described in section 11004(b) 
                        into compliance; or
                            (ii) to address any threat described in 
                        clause (i) or (ii) of paragraph (1)(B).
    (c) Compliance Orders.--
            (1) In general.--If, after the date that is 30 days after 
        the later of the date on which the Administrator first provides 
        assistance, or a chemical source receives notice, under 
        subsection (b)(2)(B), a chemical source has not brought an 
        assessment or plan for which the assistance is provided into 
        compliance with regulations promulgated under paragraphs (1) 
        and (3) of section 11004(a), or the chemical source has not 
        complied with an entry or information request under section 
        11006, the Administrator may issue an order directing 
        compliance by the chemical source.
            (2) Notice and opportunity for hearing.--An order under 
        paragraph (1) may be issued only after notice and opportunity 
        for a hearing.
    (d) Abatement Action.--
            (1) In general.--Notwithstanding a certification under 
        section 11005(a)(2), if the head of the Office, in consultation 
        with local law enforcement officials and first responders, 
        determines that a threat of a terrorist attack exists that is 
        beyond the scope of a submitted prevention, preparedness, and 
        response plan of 1 or more chemical sources, or current 
        implementation of the plan is insufficient to address the 
        results of an assessment of a source or a threat described in 
        subsection (b)(1)(B)(i), the head of the Office shall notify 
        each chemical source of the elevated threat.
            (2) Insufficient response.--If the head of the Office 
        determines that a chemical source has not taken appropriate 
        action in response to a notification under paragraph (1), the 
        head of the Office shall notify the chemical source, the 
        Administrator, and the Attorney General that actions taken by 
        the chemical source in response to the notification are 
        insufficient.
            (3) Relief.--
                    (A) In general.--On receipt of a notification under 
                paragraph (2), the Administrator or the Attorney 
                General may secure such relief as is necessary to abate 
                a threat described in paragraph (1), including such 
                orders as are necessary to protect public health or 
                welfare.
                    (B) Jurisdiction.--The district court of the United 
                States for the district in which a threat described in 
                paragraph (1) occurs shall have jurisdiction to grant 
                such relief as the Administrator or Attorney General 
                requests under subparagraph (A).

SEC. 11006. RECORDKEEPING AND ENTRY.

    (a) Records Maintenance.--A chemical source that is required to 
certify to the Administrator assessments and plans under section 11004 
shall maintain on the premises of the chemical source a current copy of 
those assessments and plans.
    (b) Right of Entry.--In carrying out this title, the Administrator 
(or an authorized representative of the Administrator), on presentation 
of credentials--
            (1) shall have a right of entry to, on, or through any 
        premises of an owner or operator of a chemical source described 
        in subsection (a) or any premises in which any records required 
        to be maintained under subsection (a) are located; and
            (2) may at reasonable times have access to, and may copy, 
        any records, reports, or other information described in 
        subsection (a).
    (c) Information Requests.--In carrying out this title, the 
Administrator may require any chemical source to provide such 
information as is necessary to--
            (1) enforce this title; and
            (2) promulgate or enforce regulations under this title.

SEC. 11007. PENALTIES.

    (a) Civil Penalties.--Any owner or operator of a chemical source 
that violates, or fails to comply with, any order issued may, in an 
action brought in United States district court, be subject to a civil 
penalty of not more than $25,000 for each day in which such violation 
occurs or such failure to comply continues.
    (b) Criminal Penalties.--Any owner or operator of a chemical source 
that knowingly violates, or fails to comply with, any order issued 
shall--
            (1) in the case of a first violation or failure to comply, 
        be fined not less than $2,500 nor more than $25,000 per day of 
        violation, imprisoned not more than 1 year, or both; and
            (2) in the case of a subsequent violation or failure to 
        comply, be fined not more than $50,000 per day of violation, 
        imprisoned not more than 2 years, or both.
    (c) Administrative Penalties.--
            (1) Penalty orders.--If the amount of a civil penalty 
        determined under subsection (a) does not exceed $125,000, the 
        penalty may be assessed in an order issued by the 
        Administrator.
            (2) Notice and hearing.--Before issuing an order described 
        in paragraph (1), the Administrator shall provide to the person 
        against which the penalty is to be assessed--
                    (A) written notice of the proposed order; and
                    (B) the opportunity to request, not later than 30 
                days after the date on which the notice is received by 
                the person, a hearing on the proposed order.

SEC. 11008. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

    Nothing in this title affects any duty or other requirement imposed 
under any other Federal or State law.

SEC. 11009. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.

                    TITLE XII--HOME SECURITY FUNDING

SEC. 12001. HOMELAND SECURITY FUNDING.

    Section 1404 of the 2002 Supplemental Appropriations Act for 
Further Recovery From and Response to Terrorist Attacks on the United 
States (Public Law 107-206) is amended--
            (1) by striking ``Any amount appropriated in this Act'' and 
        inserting the following:
    ``(a) Any amount appropriated in this Act for homeland defense'';
            (2) by striking ``within 30 days of enactment of this 
        Act,'' and inserting ``by February 2, 2003,''; and
            (3) by adding at the end the following:
    ``(b) As used in subsection (a), the term `any amount appropriated 
in this Act for homeland defense' means amounts not yet designated for 
the following accounts:
            ``(1) Department of Agriculture Office of the Secretary.
            ``(2) Agricultural Research Service Salaries and Expenses.
            ``(3) Cooperative State Research, Education, and Extension 
        Service Extension Activities.
            ``(4) Animal and Plant Health Inspection Service Salaries 
        and Expenses.
            ``(5) Food Safety and Inspection Service.
            ``(6) Rural Development Rural Community Advancement 
        Program.
            ``(7) Food and Drug Administration Salaries and Expenses.
            ``(8) Office of the United States Trade Representative 
        Salaries and Expenses.
            ``(9) National Institute of Standards and Technology 
        Scientific and Technical Research and Services.
            ``(10) National Oceanic and Atmospheric Administration 
        Operations, Research, and Facilities.
            ``(11) National Oceanic and Atmospheric Administration 
        Procurement, Acquisition, and Construction.
            ``(12) Department of Justice General Administration 
        Salaries and Expenses.
            ``(13) Salaries and Expenses, United States Marshals 
        Service.
            ``(14) Federal Bureau of Investigation Salaries and 
        Expenses.
            ``(15) Immigration and Naturalization Service Salaries and 
        Expenses.
            ``(16) Immigration and Naturalization Service Construction.
            ``(17) Office of Justice Programs Justice Assistance.
            ``(18) Community Oriented Policing Services.
            ``(19) The Judiciary Court of Appeals' District Courts, and 
        Other Judicial Services.
            ``(20) Accounts under the heading District of Columbia 
        Federal Funds.
            ``(21) Corps of Engineers Civil Operation and Maintenance, 
        General.
            ``(22) Department of Energy Energy Programs Science.
            ``(23) Atomic Energy Defense Activities National Nuclear 
        Security Administration Weapons Activities.
            ``(24) National Nuclear Security Administration Office of 
        the Administrator.
            ``(25) Environmental and Other Defense Activities Defense 
        Environmental Restoration and Waste Management.
            ``(26) Defense Facilities Closure Projects.
            ``(27) Bureau of Land Management Management of Lands and 
        Resources.
            ``(28) United States Fish and Wildlife Service Resource 
        Management.
            ``(29) United States Fish and Wildlife Service 
        Construction.
            ``(30) National Park Service Operation of the National Park 
        System.
            ``(31) National Park Service Construction.
            ``(32) United States Geological Survey Surveys, 
        Investigations, and Research.
            ``(33) Bureau of Indian Affairs Operation of Indian 
        Programs.
            ``(34) Department of the Interior Departmental Offices 
        Departmental Management.
            ``(35) Department of Agriculture Forest Service Capital 
        Improvement and Maintenance.
            ``(36) Smithsonian Institution Salaries and Expenses.
            ``(37) Centers for Disease Control and Prevention.
            ``(38) Administration for Children and Families Children 
        and Families Services and Programs.
            ``(39) Department of Health and Human Services Office of 
        the Secretary Public Health and Social Services Emergency Fund.
            ``(40) Transportation Security Administration.
            ``(41) United States Coast Guard Operating Expenses.
            ``(42) United States Coast Guard Acquisition, Construction, 
        and Improvements.
            ``(43) Federal Aviation Administration Operations.
            ``(44) Federal Aviation Administration Facilities and 
        Equipment.
            ``(45) Federal Aviation Administration Grants-In-Aid For 
        Airports.
            ``(46) Federal Motor Carrier Safety Administration 
        Hazardous Materials Security.
            ``(47) Department of the Treasury Federal Law Enforcement 
        Training Center.
            ``(48) United States Customs Service Salaries and Expenses.
            ``(49) United States Secret Service Salaries and Expenses.
            ``(50) National Institutes of Health National Institute of 
        Environmental Health Sciences.
            ``(51) Agency for Toxic Substances and Disease Registry.
            ``(52) Environmental Protection Agency Science and 
        Technology.
            ``(53) Federal Emergency Management Agency Disaster 
        Assistance for Unmet Needs.
            ``(54) Federal Emergency Management Agency Emergency 
        Management Planning and Assistance.''.

                TITLE XIII--SUPPORT FOR LAW ENFORCEMENT

SEC. 13001. SHORT TITLE.

    This title may be cited as the ``Providing Reliable Officers, 
Technology, Education, Community Prosecutors, and Training in Our 
Neighborhoods Act of 2003'' or ``PROTECTION Act''.

SEC. 13002. AUTHORIZATIONS.

    (a) COPS Program.--Section 1701(a) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended 
by--
            (1) inserting ``and prosecutor'' after ``increase police''; 
        and
            (2) inserting ``to enhance law enforcement access to new 
        technologies, and'' after ``presence,''.
    (b) Hiring and Redeployment Grant Projects.--Section 1701(b) of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796dd(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B)--
                            (i) by inserting after ``Nation'' the 
                        following: ``, or pay overtime to existing 
                        career law enforcement officers to the extent 
                        that such overtime is devoted to community 
                        policing efforts''; and
                            (ii) by striking ``and'' at the end;
                    (B) in subparagraph (C), by--
                            (i) striking ``or pay overtime''; and
                            (ii) striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) promote higher education among in-service 
                State and local law enforcement officers by reimbursing 
                them for the costs associated with seeking a college or 
                graduate school education.''; and
            (2) in paragraph (2) by striking all that follows Support 
        Systems.--'' and inserting ``Grants pursuant to--
                    ``(A) paragraph (1)(B) for overtime may not exceed 
                25 percent of the funds available for grants pursuant 
                to this subsection for any fiscal year;
                    ``(B) paragraph (1)(C) may not exceed 20 percent of 
                the funds available for grants pursuant to this 
                subsection in any fiscal year; and
                    ``(C) paragraph (1)(D) may not exceed 5 percent of 
                the funds available for grants pursuant to this 
                subsection for any fiscal year.''.
    (c) Additional Grant Projects.--Section 1701(d) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(d)) is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``integrity and ethics'' after 
                ``specialized''; and
                    (B) by inserting ``and'' after ``enforcement 
                officers'';
            (2) in paragraph (7) by inserting ``school officials, 
        religiously-affiliated organizations,'' after ``enforcement 
        officers'';
            (3) by striking paragraph (8) and inserting the following:
            ``(8) establish school-based partnerships between local law 
        enforcement agencies and local school systems, by using school 
        resource officers who operate in and around elementary and 
        secondary schools to serve as a law enforcement liaison with 
        other Federal, State, and local law enforcement and regulatory 
        agencies, combat school-related crime and disorder problems, 
        gang membership and criminal activity, firearms and explosives-
        related incidents, illegal use and possession of alcohol, and 
        the illegal possession, use, and distribution of drugs;'';
            (4) in paragraph (10) by striking ``and'' at the end;
            (5) in paragraph (11) by striking the period that appears 
        at the end and inserting ``; and''; and
            (6) by adding at the end the following:
            ``(12) develop and implement innovative programs (such as 
        the TRIAD program) that bring together a community's sheriff, 
        chief of police, and elderly residents to address the public 
        safety concerns of older citizens.''.
    (d) Technical Assistance.--Section 1701(f) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(f)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``use up to 5 percent of the funds 
                appropriated under subsection (a) to'' after ``The 
                Attorney General may'';
                    (B) by inserting at the end the following: ``In 
                addition, the Attorney General may use up to 5 percent 
                of the funds appropriated under subsections (d), (e), 
                and (f) for technical assistance and training to 
                States, units of local government, Indian tribal 
                governments, and to other public and private entities 
                for those respective purposes.'';
            (2) in paragraph (2) by inserting ``under subsection (a)'' 
        after ``the Attorney General''; and
            (3) in paragraph (3)--
                    (A) by striking ``the Attorney General may'' and 
                inserting ``the Attorney General shall'';
                    (B) by inserting ``regional community policing 
                institutes'' after ``operation of''; and
                    (C) by inserting ``representatives of police labor 
                and management organizations, community residents,'' 
                after ``supervisors,''.
    (e) Technology and Prosecution Programs.--Section 1701 of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd) is amended by--
            (1) striking subsection (k);
            (2) redesignating subsections (f) through (j) as 
        subsections (g) through (k), respectively; and
            (3) striking subsection (e) and inserting the following:
    ``(e) Law Enforcement Technology Program.--Grants made under 
subsection (a) may be used to assist police departments, in employing 
professional, scientific, and technological advancements that will help 
them--
            ``(1) improve police communications through the use of 
        wireless communications, computers, software, videocams, 
        databases and other hardware and software that allow law 
        enforcement agencies to communicate more effectively across 
        jurisdictional boundaries and effectuate interoperability;
            ``(2) develop and improve access to crime solving 
        technologies, including DNA analysis, photo enhancement, voice 
        recognition, and other forensic capabilities; and
            ``(3) promote comprehensive crime analysis by utilizing new 
        techniques and technologies, such as crime mapping, that allow 
        law enforcement agencies to use real-time crime and arrest data 
        and other related information--including non-criminal justice 
        data--to improve their ability to analyze, predict, and respond 
        pro-actively to local crime and disorder problems, as well as 
to engage in regional crime analysis.
    ``(f) Community-Based Prosecution Program.--Grants made under 
subsection (a) may be used to assist State, local or tribal 
prosecutors' offices in the implementation of community-based 
prosecution programs that build on local community policing efforts. 
Funds made available under this subsection may be used to--
            ``(1) hire additional prosecutors who will be assigned to 
        community prosecution programs, including programs that assign 
        prosecutors to handle cases from specific geographic areas, to 
        address specific violent crime and other local crime problems 
        (including intensive illegal gang, gun and drug enforcement 
        projects and quality of life initiatives), and to address 
        localized violent and other crime problems based on needs 
        identified by local law enforcement agencies, community 
        organizations, and others;
            ``(2) redeploy existing prosecutors to community 
        prosecution programs as described in paragraph (1) of this 
        section by hiring victim and witness coordinators, paralegals, 
        community outreach, and other such personnel; and
            ``(3) establish programs to assist local prosecutors' 
        offices in the implementation of programs that help them 
        identify and respond to priority crime problems in a community 
        with specifically tailored solutions.
At least 75 percent of the funds made available under this subsection 
shall be reserved for grants under paragraphs (1) and (2) and of those 
amounts no more than 10 percent may be used for grants under paragraph 
(2) and at least 25 percent of the funds shall be reserved for grants 
under paragraphs (1) and (2) to units of local government with a 
population of less than 50,000.''.
    (f) Retention Grants.--Section 1703 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by 
inserting at the end the following:
    ``(d) Retention Grants.--The Attorney General may use no more than 
50 percent of the funds under subsection (a) to award grants targeted 
specifically for retention of police officers to grantees in good 
standing, with preference to those that demonstrate financial hardship 
or severe budget constraint that impacts the entire local budget and 
may result in the termination of employment for police officers funded 
under subsection (b)(1).''.
    (g) Definitions.--
            (1) Career law enforcement officer.--Section 1709(1) of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796dd-8) is amended by inserting after 
        ``criminal laws'' the following: ``including sheriffs deputies 
        charged with supervising offenders who are released into the 
        community but also engaged in local community policing 
        efforts.''.
            (2) School resource officer.--Section 1709(4) of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796dd-8) is amended--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) to serve as a law enforcement liaison with 
                other Federal, State, and local law enforcement and 
                regulatory agencies, to address and document crime and 
                disorder problems including gangs and drug activities, 
                firearms and explosives-related incidents, and the 
                illegal use and possession of alcohol affecting or 
                occurring in or around an elementary or secondary 
                school;'';
                    (B) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) to train students in conflict resolution, 
                restorative justice, and crime awareness, and to 
                provide assistance to and coordinate with other 
                officers, mental health professionals, and youth 
                counselors who are responsible for the implementation 
                of prevention/intervention programs within the 
                schools;''; and
                    (C) by adding at the end the following:
                    ``(H) to work with school administrators, members 
                of the local parent teacher associations, community 
                organizers, law enforcement, fire departments, and 
                emergency medical personnel in the creation, review, 
                and implementation of a school violence prevention 
                plan;
                    ``(I) to assist in documenting the full description 
                of all firearms found or taken into custody on school 
                property and to initiate a firearms trace and 
                ballistics examination for each firearm with the local 
                office of the Bureau of Alcohol, Tobacco, and Firearms;
                    ``(J) to document the full description of all 
                explosives or explosive devices found or taken into 
                custody on school property and report to the local 
                office of the Bureau of Alcohol, Tobacco, and Firearms; 
                and
                    ``(K) to assist school administrators with the 
                preparation of the Department of Education, Annual 
                Report on State Implementation of the Gun-Free Schools 
                Act which tracks the number of students expelled per 
                year for bringing a weapon, firearm, or explosive to 
                school.''.
    (h) Authorization of Appropriations.--Section 1001(a)(11) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(11)) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) There are authorized to be appropriated to 
                carry out part Q, to remain available until expended--
                            ``(i) $1,150,000,000 for fiscal year 2003;
                            ``(ii) $1,150,000,000 for fiscal year 2004;
                            ``(iii) $1,150,000,000 for fiscal year 
                        2005;
                            ``(iv) $1,150,000,000 for fiscal year 2006;
                            ``(v) $1,150,000,000 for fiscal year 2007; 
                        and
                            ``(vi) $1,150,000,000 for fiscal year 
                        2008.''; and
            (2) in subparagraph (B)--
                    (A) by striking ``3 percent'' and inserting ``5 
                percent'';
                    (B) by striking ``1701(f)'' and inserting 
                ``1701(g)'';
                    (C) by striking the second sentence and inserting 
                ``Of the remaining funds, if there is a demand for 50 
                percent of appropriated hiring funds, as determined by 
                eligible hiring applications from law enforcement 
                agencies having jurisdiction over areas with 
                populations exceeding 150,000, no less than 50 percent 
                shall be allocated for grants pursuant to applications 
                submitted by units of local government or law 
                enforcement agencies having jurisdiction over areas 
                with populations exceeding 150,000 or by public and 
                private entities that serve areas with populations 
                exceeding 150,000, and no less than 50 percent shall be 
                allocated for grants pursuant to applications submitted 
                by units of local government or law enforcement 
                agencies having jurisdiction over areas with 
                populations less than 150,000 or by public and private 
                entities that serve areas with populations less than 
                150,000.'';
                    (D) by striking ``85 percent'' and inserting 
                ``$600,000,000''; and
                    (E) by striking ``1701(b),'' and all that follows 
                through ``of part Q'' and inserting the following: 
                ``1701 (b) and (c), $350,000,000 to grants for the 
                purposes specified in section 1701(e), and $200,000,000 
                to grants for the purposes specified in section 
                1701(f).''.

SEC. 13003. RURAL LAW ENFORCEMENT RETENTION GRANT PROGRAM.

    Section 1703 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by adding at the 
end the following:
    ``(d) Retention Grants.--
            ``(1) In general.--The Attorney General may make grants to 
        units of local government and tribal governments located 
        outside a Standard Metropolitan Statistical Area, which grants 
        shall be targeted specifically for the retention for 1 
        additional year of police officers funded through the COPS 
        Universal Hiring Program, the COPS FAST Program, the Tribal 
        Resources Grant Program-Hiring, or the COPS in Schools Program.
            ``(2) Preference.--In making grants under this subsection, 
        the Attorney General shall give preference to grantees that 
        demonstrate financial hardship or severe budget constraint that 
        impacts the entire local budget and may result in the 
        termination of employment for police officers described in 
        paragraph (1).
            ``(3) Limit on grant amounts.--The total amount of a grant 
        made under this subsection shall not exceed 20 percent of the 
        original grant to the grantee.
            ``(4) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated to carry out this subsection $15,000,000 
                for each of fiscal years 2003 through 2007.
                    ``(B) Set-aside.--Of the amount made available for 
                grants under this subsection for each fiscal year, 10 
                percent shall be awarded to tribal governments.''.

SEC. 13004. RURAL LAW ENFORCEMENT TECHNOLOGY GRANT PROGRAM.

    Section 1701 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd) is amended by striking 
subsection (k) and inserting the following:
    ``(k) Law Enforcement Technology Program.--
            ``(1) In general.--Grants made under subsection (a) may be 
        used to assist the police departments of units of local 
        government and tribal governments located outside a Standard 
        Metropolitan Statistical Area, in employing professional, 
        scientific, and technological advancements that will help those 
        police departments to--
                    ``(A) improve police communications through the use 
                of wireless communications, computers, software, 
                videocams, databases and other hardware and software 
                that allow law enforcement agencies to communicate and 
                operate more effectively; and
                    ``(B) develop and improve access to crime solving 
                technologies, including DNA analysis, photo 
                enhancement, voice recognition, and other forensic 
                capabilities.
            ``(2) Cost share requirement.--A recipient of a grant made 
        under subsection (a) and used in accordance with this 
        subsection shall provide matching funds from non-Federal 
        sources in an amount equal to not less than 10 percent of the 
        total amount of the grant made under this subsection, subject 
        to a waiver by the Attorney General for extreme hardship.
            ``(3) Administration.--The COPS Office shall administer the 
        grant program under this subsection.
            ``(4) No supplanting.--Federal funds provided under this 
        subsection shall be used to supplement and not to supplant 
        local funds allocated to technology.
            ``(5) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated $40,000,000 for each of fiscal years 2003 
                through 2007 to carry out this subsection.
                    ``(B) Set-aside.--Of the amount made available for 
                grants under this subsection for each fiscal year, 10 
                percent shall be awarded to tribal governments.''.

SEC. 13005. RURAL 9-1-1 SERVICE.

    (a) Purpose.--The purpose of this section is to provide access to, 
and improve a communications infrastructure that will ensure a reliable 
and seamless communication between law enforcement, fire, and emergency 
medical service providers in units of local government and tribal 
governments located outside a Standard Metropolitan Statistical Area 
and in States.
    (b) Authority To Make Grants.--The Office of Justice Programs of 
the Department of Justice shall make grants, in accordance with such 
regulations as the Attorney General may prescribe, to units of local 
government and tribal governments located outside a Standard 
Metropolitan Statistical Area for the purpose of establishing or 
improving 9-1-1 service in those communities. Priority in making grants 
under this section shall be given to communities that do not have 9-1-1 
service.
    (c) Definition.--In this section, the term ``9-1-1 service'' refers 
to telephone service that has designated 9-1-1 as a universal emergency 
telephone number in the community served for reporting an emergency to 
appropriate authorities and requesting assistance.
    (d) Limit on Grant Amount.--The total amount of a grant made under 
this section shall not exceed $250,000.
    (e) Funding.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $25,000,000 for fiscal years 2003 and 
        2004, to remain available until expended.
            (2) Set-aside.--Of the amount made available for grants 
        under this section, 10 percent shall be awarded to tribal 
        governments.
                                 <all>